Taking on Adam Smith (and Karl Marx)


April 21,2014

Taking on Adam Smith (and Karl Marx)

PARIS — Thomas Piketty turned 18 in 1989, when the Berlin Wall fell, so he was spared the tortured, decades-long French intellectual debate about the virtues and vices of communism. Even more telling, he remembers, was a trip he took with a close friend to Romania in early 1990, after the collapse of the Soviet empire.

piketty-“This sort of vaccinated me for life against lazy, anticapitalist rhetoric, because when you see these empty shops, you see these people queuing for nothing in the street,” he said, “it became clear to me that we need private property and market institutions, not just for economic efficiency but for personal freedom.”

But his disenchantment with communism doesn’t mean that Mr. Piketty (left) has turned his back on the intellectual heritage of Karl Marx, who sought to explain the “iron laws” of capitalism. Like Marx, he is fiercely critical of the economic and social inequalities that untrammeled capitalism produces — and, he concludes, will continue to worsen. “I belong to a generation that never had any temptation with the Communist Party; I was too young for that,” Mr. Piketty said, in a long interview in his small, airless office here at the Paris School of Economics. “So it’s easier in a way to reopen these big issues about capitalism and inequality with a fresh eye, lbecause I was too young for that fight. I don’t have to justify myself as being pro-communist or pro-capitalist.”

In his new book “Capital in the Twenty-First Century” (Harvard University Press), Mr. Piketty, 42, has written a blockbuster, at least in the world of economics. His book punctures earlier assumptions about the benevolence of advanced capitalism and forecasts sharply increasing inequality of wealth in industrialized countries, with deep and deleterious impact on democratic values of justice and fairness.

Branko Milanovic, a former economist at the World Bank, called it “one of the watershed books in economic thinking.” Paul Krugman, winner of the Nobel in economic science and a columnist for The New York Times, wrote that it “will be the most important economics book of the year — and maybe of the decade.” Remarkably for a book on such a weighty topic, it has already entered The New York Times’s best-seller list.

“Capital in the Twenty-First Century,” with its title echoing Marx’s “Das Kapital,” is meant to be a return to the kind of economic history, of political economy, written by predecessors like Marx and Adam Smith. It is nothing less than a broad effort to understand Western societies and the economic rules that underpin them. And in the process, by debunking the idea that “wealth raises all boats,” Mr. Piketty has thrown down a challenge to democratic governments to deal with an increasing gap between the rich and the poor — the very theme of inequality that recently moved both Pope Francis and President Obama to warn of its consequences.

Mr. Piketty — pronounced pee-ket-ee — grew up in a political home, with left-wing parents who were part of the 1968 demonstrations that turned traditional France upside down. Later, they went off to the Aude, deep in southern France, to raise goats. His parents are not a topic he wants to discuss. More relevant and important, he said, are his generation’s “founding experiences”: the collapse of Communism, the economic degradation of Eastern Europe and the first Gulf War, in 1991.

Those events motivated him to try to understand a world where economic ideas had such bad consequences. As for the Gulf War, it showed him that “governments can do a lot in terms of redistribution of wealth when they want.” The rapid intervention to force Saddam Hussein to unhand Kuwait and its oil was a remarkable show of concerted political will, Mr. Piketty said. “If we are able to send one million troops to Kuwait in a few months to return the oil, presumably we can do something about tax havens.”

Would he want to send troops to Guernsey, the lightly populated tax haven in the English Channel? Mr. Piketty, soft-spoken, barely laughed. “We don’t even have to do that — just simple basic trade policy, trade sanctions, would do the trick right away,” he said.

A top student, Mr. Piketty took a conventional path toward the French elite, being admitted to the rarefied École Normale Supérieure at 18. His doctoral dissertation on the theory of redistribution of wealth, completed at 22, won prizes. He then decamped to teach economics at the Massachusetts Institute of Technology before returning two years later to France, disappointed with the study of economics in America.

“My Ph.D. is mostly about pure economic theory because that was the easiest thing to do, and I was hired at M.I.T. as a young assistant professor doing economic theory,” he said. “I was young and successful at doing this, so it was an easy way. But very quickly I realized that there was little serious effort at collecting historical data on income and wealth, so that’s what I started doing.”

Academic economics is so focused on getting the econometrics and the statistical interpolation technique correct, he said, “you don’t really think, you don’t dare to ask the big questions.” American economists too often narrow the questions they examine to those they can answer, “but sometimes the questions are not that interesting,” he said. “Trying to write a real book that could speak to everyone meant I could not choose my questions. I had to take the important issues in a frontal manner — I could not escape.”

He hated the insularity of the economics department. So he decided to write large, a book he considers as much history as economics, and one that is constructed to lead the general reader by the hand.

He is also not afraid of literature, finding inspiration in the descriptions of society in the realist novels of Jane Austen and Balzac. Wealth was best achieved in these stories through a clever marriage; everyone knew that inherited land and capital was the only way to live well, since labor alone would not produce sufficient income. He wondered how that assumption had changed.

As he extended his work on France to the United States in collaboration with Emmanuel Saez, a professor of economics at the University of California, Berkeley, he saw that the patterns of the early 20th century — “the top 10 percent of the distribution was full of rental income, dividend income, interest income” — seemed less prevalent from the 1970s through the early 1990s.

“It took me a long time to realize that in effect we were returning slowly in the direction of the previous equilibrium, and that we were part of a long transitory process,” he said. When he started working on the issue in the late 1990s, “there was no way this could be understood so clearly — having 20 additional years of data makes a big difference to understanding the postwar period.”

His findings, aided by the power of modern computers, are based on centuries of statistics on wealth accumulation and economic growth in advanced industrial countries. They are also rather simply stated: The rate of growth of income from capital is several times larger than the rate of economic growth, meaning a comparatively shrinking share going to income earned from wages, which rarely increase faster than overall economic activity. Inequality surges when population and the economy grow slowly.

The reason that postwar economies looked different — that inequality fell — was historical catastrophe. World War I, the Depression and World War II destroyed huge accumulations of private capital, especially in Europe. What the French call “les trentes glorieuses” — the roughly 30 postwar years of rapid economic growth and shrinking inequality — were a rebound. The American curve, of course, is less sharp, given that the fighting was elsewhere.

A higher than normal rate of population and economic growth helped reduce inequality, along with higher taxes on the wealthy. But the professional and political assumption of the 1950s and 1960s, that inequality would stabilize and diminish on its own, proved to be an illusion. We are now back to a traditional pattern of returns on capital of 4 percent to 5 percent a year and rates of economic growth of around 1.5 percent a year.

So inequality has been quickly gathering pace, aided to some degree by the Reagan and Thatcher doctrines of tax cuts for the wealthy. “Trickle-down economics could have been true,” Mr. Piketty said simply. “It just happened to be wrong.”

His work is a challenge both to Marxism and laissez-faire economics, which “both count on pure economic forces for harmony or justice to prevail,” he said. While Marx presumed that the rate of return on capital, because of the system’s contradictions, would fall close to zero, bringing collapse and revolution, Mr. Piketty is saying the opposite. “The rate of return to capital can be bigger than the growth rate forever — this is actually what we’ve had for most of human history, and there are good reasons to believe we will have it in the future.”

n 2012 the top 1 percent of American households collected 22.5 percent of the nation’s income, the highest total since 1928. The richest 10 percent of Americans now take a larger slice of the pie than in 1913, at the close of the Gilded Age, owning more than 70 percent of the nation’s wealth. And half of that is owned by the top 1 percent.

Mr. Piketty, father of three daughters — 11, 13 and 16 — is no revolutionary. He is a member of no political party, and says he never served as an economic adviser to any politician. He calls himself a pragmatist, who simply follows the data.

But he accepts that his work is essentially political, and he is highly critical of the huge management salaries now in vogue, saying that “the idea that you need people making 10 million in compensation to work is pure ideology.”

Inequality by itself is acceptable, he says, to the extent it spurs individual initiative and wealth-generation that, with the aid of progressive taxation and other measures, helps makes everyone in society better off. “I have no problem with inequality as long as it is in the common interest,” he said.

But like the Columbia University economist Joseph E. Stiglitz (right), he argues that J Stiglitzextreme inequality “threatens our democratic institutions.” Democracy is not just one citizen, one vote, but a promise of equal opportunity.

“It’s very difficult to make a democratic system work when you have such extreme inequality” in income, he said, “and such extreme inequality in terms of political influence and the production of knowledge and information. One of the big lessons of the 20th century is that we don’t need 19th-century inequality to grow.” But that’s just where the capitalist world is heading again, he concludes.

Mr. Saez, his collaborator, said that “Thomas combines great perfectionism with great impatience — he both wants to do things well and do things fast.” He added that Mr. Piketty has “incredible intuition for economics.”

The last part of the book presents Mr. Piketty’s policy ideas. He favors a progressive global tax on real wealth (minus debt), with the proceeds not handed to inefficient governments but redistributed to those with less capital. “We just want a way to share the tax burden that is fair and practical,” he said.

Net wealth is a better indicator of ability to pay than income alone, he said. “All I’m proposing is to reduce the property tax on half or three-quarters of the population who have very little wealth,” he said.

Published a year ago in French, the book is not without critics, especially of Mr. Piketty’s policy prescriptions, which have been called politically naïve. Others point out that some of the increase in capital is because of aging populations and postwar pension plans, which are not necessarily inherited.

More criticism is sure to come, and Mr. Piketty says he welcomes it. “I’m certainly looking forward to the debate.”

READ onhttp://www.nytimes.com/2014/04/20/business/international/taking-on-adam-smith-and-karl-marx.html?ref=books

In Death as in Life, Karpal abided


April 23, 2014

In Death as in Life, Karpal abided

COMMENT by Terence Netto: In life, he wasn’t really a unifying figure: his politics were little too partisan for him to be the glue that could have helped hold things together in our diverse society.

imageIn death, however, he drew respect from all shades of the political spectrum; even a vulgarian like Zulkifli Nordin (of PERKASA) was compelled to retract his bigoted reflexes.

At life’s close, Karpal Singh not only commanded the admiration of legions of his admirers and supporters but also the doffed hats of adversaries. In one brief, soaring moment, his death, with its near universal outpouring of sympathy, appeared to unite the country in collective mourning.

This was an unexpected accomplishment, given that he had in a long and fervent political career vented opinions that were volatile and divisive in a religiously sensitive country.

In his defence it could be said that these were opinions consistent with the man’s political ideology and that they were not out of sync with mainstream constitutional opinion.

But that these opinions were voiced at all and were of high voltage, sufficient to bring on him a label as anti-this or anti-that, and then seeing as we did that a good number of visitors to his wake were in the attire that reflected a religious allegiance at odds with those opinions – all this added to the extraordinariness of Karpal’s accomplishment in death.

If this was additionally odd, it must be because only a few weeks before his death on April 17, he was found guilty of sedition and imposed with a fine that had him headed for disqualification from Parliament, where he was resolutely oppositionist for all but one term since the 1978 general election.

The fates must be fickle if in one instance, a votary is found to be on the wrong side of the law and a little later, he becomes an object of ubiquitous admiration and respect for his devotion to advocacy of the law.

Or was it because the hand of death, in passing over Karpal, had rendered his image simplified and summarised, the figure retained by memory compressed and intensified, the accidents having dropped away and the shades ceasing to count, with the life standing sharply for a few estimated and cherished things rather than for a swarm of possibilities?

No doubt a long career of unparalleled devotion to the law and politics helped to crystallise the image so that at life’s close, it was easy to say about the man that his advocacy of the law and fidelity to his political principles shone like two beacons.

Also, his indomitable spirit reduced the auto accident in 2005 that had him confined to a wheelchair to the status of a mere punctuation in the discharge of professional duties as a lawyer and as a politician.

His triumph over physical adversity added to the grandeur of the obsequies that followed his death and the mourning it evoked; no doubt, it gave special meaning to the motto of his alma mater (labor omnia vincit – labour conquers all) – St Xavier’s Institution in Penang.

Irony in last message

It is said that the last message he conveyed as Parliament adjourned a week before his death was “Don’t mess with the constitution.” There was irony in the words of this message.

There is actually “mess” sutured into parts of our constitution, the part that says the federation is a secular state and the part that establishes Islam as the religion of the federation.

In the mid-1950s when the constitution was drawn up, nobody could have predicted that the meaning of the term ‘secular’ would come to be seen as antithetical to the concept of a state-religion.

Nobody, too, in the 1950s could have visualised that ‘secular’ would also come to refer to a sphere void of any influence by religion and, as such, a term that a certain type of religious sensibility would find highly repugnant.

Thus evolutionary semantics has combined with an upsurge in religious consciousness to render parts of our constitution as problematic as children trapped in bitter custody fights between parents of abruptly differing religious affiliation.

Of Karpal Singh it could ultimately be said that he did not possess the seer-like qualities that could anticipate and resolve a dilemma such as the country is presented with by his party’s Pakatan Rakyat partner, PAS, who are adamant on introducing hudud law in Kelantan.

But Karpal possessed the political solidity and professional integrity to compel allies and adversaries to reckon with his qualms.

Both qualities helped him write a compelling subscript to our mortality such that the life that embodied them has now become a gem in the cosmic sands.

TERENCE NETTO has been a journalist for four decades now. He likes the profession because it puts him in contact with the eminent without being under the necessity to admire them.

 

Karpal Singh: A Political Man of his times


April 23, 2014

Karpal Singh: A Political Man of his Times

Bridget Welsh@http://www.malaysiakini.com

TRIBUTE: Much has been written about the recently deceased Karpal Singh.

His skills as a lawyer, his fight for basic rights and contributions to the law, his commitment to his family and his struggle for ordinary people as a humanitarian are just some of the themes raised in the many eulogies and reflections in the past few days since he and his friend and assistant Michael Cornelius lost their lives.

Karpal had never insulted hudud. He had only said that it was against the Constitution.

Karpal had never insulted hudud. He had only said that it was against the Constitution.

The reactions from ordinary Malaysians have reaffirmed the spirit of dignity and humanity that are an integral part of the national character and stand in stark contrast to the uncouth provocative remarks of a handful of individuals who, blinded by insecurity and hubris, revealed how far they have deviated from common decency.

I knew Karpal Singh as a politician, and the remarks that follow are some of my observations on his important role in Malaysian political life and his political legacy.

A true Malaysian nationalist

Karpal’s entry into politics in 1969 coincided with a tumultuous time in Malaysian politics. He had been socialised in the exciting decade of the 1960s, when student politics was active and universities were centres to discuss and debate ideas – sadly an era now long gone.

He was among a generation of early Malaysian nationalists deeply committed to the country and the very principles that were the bedrock of the nation at independence, particularly the Federal Constitution.

His staunch defence of the legal foundation of Malaysia throughout his lifetime was an extension of his deep love for Malaysia and the ideals (and idealism) of a decade where rights were fought for and protected.

The 1960s was an era where a son of a watchman from any race could become a lawyer with hard work and skill. Karpal Singh emerged in public life to embody the promise of a new nation in a time of high social mobility and opportunities across ethnicity.

The other side

In making the decision to join and stay with the Democratic Action Party (DAP) after the wake of the May 1969 riots, Karpal chose a difficult path. Many leaders of his generation (and some parties at that time, including PAS and Gerakan) opted to join the Barisan Nasional, to work from inside the system to address the challenges of country, particularly ethnic tensions and development.

Karpal opted for the brave road of opposition, the political margins. He once shared with me the reasons for doing so, highlighting the importance of a loyal opposition for effective national governance. As a lawyer, he explained, it was necessary to have the other side, someone to offer a different point of view and to safeguard the system from potential abuses. I recall that he laughed when he stated that he also loved a good battle, even as the underdog.

Karpal Singh embraced his role as an opposition Member of Parliament, and used his knowledge of the law to shape debates. The Hansard of parliamentary debates of the 1970s reveal his rich contributions, where he questioned laws from the Universities and University Colleges Act to the Internal Security Act.

He avidly opposed many of the Bills that curtailed human rights at a time when legislation was introduced to limit political activism and freedom, and although many of these efforts were not successful, some amendments were adopted and importantly, issues of concern were put into the public arena.

His political statements in Parliament were not popular among some, but the contribution to the national debate in building Malaysia cannot be understated. An opposition has an important role to play in any political system, and Karpal was an integral leader in this effort.

Grudgingly, this consistency and commitment won him the respect of many in the system, many of whom he befriended. When the parliamentary debate was over, he often left those battles for the legislature behind and put aside differences to share a joke or banter.

This pattern of shared comradeship across the political aisle was shaped by his practice as a lawyer, where the legal fraternity focused their differences for the courtroom.

This practice of a quiet coffee became more difficult after Karpal’s tragic accident of 2005, but many across the political divide, in his generation in particular, recognised his practice of agreeing to disagree and appreciation of a shared fraternity of leaders working for Malaysia.

This was a time in Malaysian history where statesmanship in leadership was expected, sadly another era also gone.

A Defender of Democracy

It’s Dr Mahathir, not Karpal, who belittled hudud.

It’s Dr Mahathir, not Karpal, who belittled hudud.

Karpal’s role in political life expanded in the 1980s during Dr Mahathir Mohamad’s tenure as prime minister, when Karpal took on battles to protect democratic governance. As the former prime minister weakened institutions and corruption became entrenched, Karpal took to the courtroom to challenge these practices.

One of the ironies of Karpal Singh’s role in politics is that he fought so hard to defend and strengthen an independent judiciary and was on the receiving end of its weaknesses and political co-option.

In this decade, his role in the 1988 North-South Expressway case was a landmark for public interest litigation.His challenges to corruption, abuse and the use of the ISA pitted him directly against Mahathir, who centralised political power and emphatically responded against opponents.

Among those Karpal challenged was also Anwar Ibrahim, then in Mahathir’s government, all on the grounds of checking the excesses of increasing executive centralisation.

The price to pay for challenging those in power is high in Malaysia, particularly so in the Mahathir (right) (and Najib Abdul Razak) years. Karpal spent years in prison, separated from his family after his arrest in Operation Lallang and his second passion in life, his work.

This opposition warrior was demonised, as another pattern in Malaysian politics set in – the more you challenge those in power, the tougher the response.

Mahathir’s era was the beginning of a nastiness of Malaysian political life, where mutual respect was not practised and the bounds of decency crossed. Personal attacks became commonplace – even among the opposition – as politics became deeply personalised and polarised.

The highest costs were absorbed by the individuals on the opposition frontline who challenged the system.

This was clearly evident in the 1999 trial of Anwar Ibrahim, where Karpal Singh played a role as part of the legal team. To stand in opposition was portrayed as the enemy of the state when in fact the opposite was true, as the efforts to insure justice was carried out were to protect the country’s integrity and fabric.

The Anwar trials have split Malaysia, as injustices have been carried out for the incumbent’s political survival. The prices that have been paid for taking Malaysia down this road of polarisation are blatantly evident in the loss of faith of the country’s institutions, the heightened use of racism and deep-seated anger that is an acid of pain among many in the country today.

Karpal fought the good fight in the courtroom and legislature, throughout hoping for justice with the knowledge of the difficult odds in the process. He remained committed to protecting the rule of law, even as many in the general public were losing their own faith.

His belief in the law as a means of protection for rights and justice never wavered, even as those in office and position failed in their responsibilities to act as the national guardian.

A secular constitutional champion

From the 1990s onwards two important themes emerged from Karpal Singh’s political activism. The first was a steadfast commitment to a secular Malaysia. This was tied to his deep-seated belief in religious freedom across the faiths.

He believed in the right of all citizens, including Muslims, to choose how they practised their religion and deeply worried about government regulation of these choices. As a member of a minority race, he was acutely aware of the effect of religious regulation, and worried about the constraints placed on the choices of ordinary citizens.

As a lawyer, he witnessed first-hand how the courtroom has become the battleground for religious rights, with the Constitution caught in the war. As I understood his explanation to me, his opposition to hudud was not against any faith but against giving the government authority to control and regulate faith.

A similar argument was made when he offered to defend the Singaporean Muslim girls in 2002, who were denied the right to wear the tudung (head scarf).

Karpal was one of the few in the political landscape who were willing to openly oppose the use of religion for political ends, and, as indicative of the viciousness of some of the responses when he passed on, he paid a price for it.

He was mistakenly portrayed as the main obstacle in Pakatan Rakyat to the implementation of Islamic law, but in reality, he was only one of those who was brave enough to voice his concerns publicly, as the debate over religion has become so politically poisonous and devoid of real, shared religious principles.

He believed in practising faith in his everyday life, and opposed the power of the government to take away the choice of citizens on how to practice their faith.

Another area where Karpal Singh was on the forefront was in calling for a responsible constitutional royalty, a call that led to his most recent conviction for sedition – for effectively stating a legal opinion. His political ally in this area was ironically initially Mahathir, who checked the powers of the royalty.

Since Mahathir’s formal departure from politics in 2003, the powers of the royalty have grown and it has become intertwined in political battles, from Perak to Selangor. While the royalty is the political institution that receives the highest respect among ordinary Malaysians in polling, it is also facing a battering among some in the general public who differ with the political positions and positioning in a highly polarised polity.

The 2014 sedition conviction of Karpal does not strengthen the royalty as an institution, and in the longer term, will open it to greater discord as it undermines the important role the royalty plays in representing the nation as a whole.

A loyal Opposition Voice

Some differ with the political positions Karpal took over the decades. Even among those sympathetic there were those critical of the timing and approach of his engagement. Yet, others were in full support of his steadfastness and defence of Malaysia’s national constitutional roots, and this admiration has been evident in the last few days.

He was the voice for the views that many in Malaysia’s silent majority, across the races, are afraid to state publicly. No one can question the pivotal role he has played in shaping Malaysian politics over the last four-and-a-half decades.

After 2008, it became harder for an opposition lawmaker to be purely an opponent, given the compromises needed for being in government at the state level and the challenges of an ideologically divided opposition coalition.

The current decade of Malaysian politics offers new obstacles in much muddier and murkier waters. The Najib government has not led in the areas of fairness and statesmanship, as shown in the examples of the efforts by the prosecution to put Karpal in jail.

Karpal stayed consistently principle-rooted in the muck that Malaysian politics has become today, and his role in fighting against injustice came to the fore again in his resistance to the political manipulation of institutions and violation of rights that have become part of Najib’s era.

Whether in the courtroom or in Parliament, Karpal’s contributions were a valuable national service that made the country stronger. He embodied the term loyal opposition in the interest of Malaysia.

B. Welsh

DR BRIDGET WELSH is Associate Professor of Political Science at Singapore Management University. She can be reached at bwelsh@smu.edu.sg.

 

Mongolia remembers The Tiger of Jelutong


April 21, 2014

http://www.malaysiakini.com (04-19-14)

Mongolia remembers The Tiger of Jelutong

imageThe death of Malaysian icon Karpal Singh has reached the shores of Ulanbataar, Mongolia, where a two-page tribute was dedicated to him in a local daily yesterday.

The Mongolian-language Zuunii Medee or Century News carried two pages of an interview with Altantuya’s dad Setev Shaariibuu who poured out his personal feelings about Karpal in an article headlined ‘Malaysian opposition DAP leader Karpal Singh dies in car accident’.Shaariibuu said he knew this “great man” who helped him in the murder trial of two former police officers suspected of having killed  Altantuya with plastic explosives in October 2006. Karpal diligently kept a watching brief for Shaariibuu since the case commenced in 2007 and had been faithfully keeping him updated of the progress of the case in Malaysia.

Shaariibuu said he send his deepest condolences to Karpal’s family as the late lawyer was with him when he was ‘in the worst situation of his life. “When my daughter died eight years ago in Malaysia… I had no path to follow,” he said in an email to Malaysiakini.

“At that moment, Karpal approached me himself. He felt that no one could help my daughter’s case in Malaysia,” he added.

“He was not only an advocate but a great human rights defender in Southeast Asia,” he said. Shaariibuu met Karpal for the last time in his Kuala Lumpur office on April 11, 2012, where he took photos with his lawyer and presented him with a Mongolian blanket to cover his knees.

“This blanket will be good for your knees. It will keep you warm,” Shaariibuu told him while patting his knees. His words were translated to Karpal by the Mongolian Foreign Ministry official who accompanied Shaariibuu on a three-day visit to Kuala Lumpur. Malaysiakini was present during that visit.

Shaariibuu met Karpal then to speed up his RM100 million suit filed in 2007 against the government, political analyst Abdul Razak Baginda and the two former body guards of the Deputy Prime Minister Najib Razak for the sufferings incurred by his family – including two of Altantuya’s sons – as a result of her untimely death.

Shaariibuu expressed his concerns last year that his suit may no longer be valid as the two Special Action Unit members previously convicted of her murder by the Shah Alam High Court – Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar – were acquitted by the Court of Appeal in August 23 last year.

The Federal Court has fixed June 23 to 25 to hear the prosecution’s appeal over the duo’s acquittal, in which Karpal would have been present, keeping a watching brief for Shaariibuu.

His lawyer based in Ulanbataar, Munkhsaruul Mijiddorj, said Shariibuu requested her to send his condolences to Karpal’s family. “Many Mongolians are sad and grieve over his death,” said Munkhsaruul, who had accompanied Shaariibuu on his trip to Kuala Lumpur to attend Altantuya’s murder trial.

Penang to give Karpal official send-off


The Penang government will provide veteran lawmaker Karpal Singh an official send off.
The Penang government will provide veteran lawmaker Karpal Singh an official send off.

April 17, 2014

A Tribute to The Tiger of Jelutong:

Legacy of the ‘Tiger of Jelutong’ will endure

by Aimee Gulliver @www.malaysiakini.com

  • Cowards die many times before their deaths;
    The valiant never taste of death but once.
    Of all the wonders that I yet have heard,
    It seems to me most strange that men should fear;
    Seeing that death, a necessary end,
    Will come when it will come.

    • Julius Caesar Act II, scene 2, line 33.

Karpal Singh’s story may have come to an abrupt end this morning, but the author of his biography says the legacy of the ‘Tiger of Jelutong’ will endure in Malaysia, where he was a warrior in the fight for equality and justice.

image

New Zealand journalist Tim Donoghue first met Karpal in Penang in 1987 and spent nearly 30 years researching the biography he wrote on the fearless lawyer and advocate, titled “Karpal Singh – Tiger of Jelutong”, which was published in 2013.

“I’ve done a few things in journalism, but I’m particularly proud of that because this man was the ultimate scrapper, but he had a sense of humour,” Donoghue said.

“The things he had to deal with, the life and death issues that he had to deal with, he smiled his way through them all, and he helped a lot of people out along the way. There was always that great twinkle in his eyes, and you just knew that no matter what anyone was ever going to throw at that guy, he was never going to kow-tow to any man.”

Karpal and his aide Michael Cornelius Selvam Vellu, 39, were killed in a road accident about 1.10 this morning near Kampar in Perak. The former DAP chairperson’s sudden departure has shocked the nation, and elicated a flood of eulogies from both sides of the political divide.

His death comes as the 74-year-old was gearing up to appeal his recent conviction for sedition that was cross-appealed by the government, which is seeking have the wheelchair-bound politician jailed.

Karpal

“I don’t think the legal system has brought any great credit upon itself by convicting this man of sedition.“I think that is something that those in the ruling political and legal establishment of Malaysia do need to think about.”, Donoghue said.

The government’s persecution of the man who stood up and fought for human rights in Malaysia had made a martyr out of him, Donoghue said.

“Now that Karpal has gone to his death under threat of imprisonment for this sedition charge, I think he will be a great rallying point come the next election – there will be a huge groundswell of support among the opposition parties in the country.”

A long line of challenges

Karpal’s conviction for sedition was just the latest in a long line of challenges for the “Sikh warrior in legal attire”. “Back when he was 65, after the car accident, most people said he was gone. Even his best friends, with the best intentions in the world, were saying it would have been a far more merciful end if he had died at that time.”

“But the Tiger of Jelutong had a message for those who doubted him.

“He suffered a huge amount of pain as a result of that accident, but he vowed, with the help of his family, to get back out there into the realm of both politics and the law in Malaysia and to keep challenging those in power.”

“Karpal continued his work, and some of his most notable achievements came in the years following his debilitating accident”, Donoghue said.

“After his car accident, his life was totally shattered. But I do think he did his best work, both in the law and in politics, in the seven or eight years that he had after his accident. He did some amazing things in his life. “He would say to me, ‘retirement is not a word in my dictionary’. And the reason I think he hung on was as a result of the pain he suffered because of that accident.”

Donoghue said the manner of Karpal’s death could be considered a merciful release in some ways, but his family would not agree.

Backed by family, every step of the way

“Every step of the way they backed him, they fought with him, and they lifted and laid him. They fought to keep him going.” It was with the support of his family, and his devoted assistant Michael Cornelius Selvam Vellu, 39, who was also killed in this morning’s accident, that Karpal was able to continue his work after the 2005 accident.

“Michael gave his life for this man. He worked around the clock, 24 hours a day, just to support Karpal, and the whole family is very, very, grateful for the job he has done.

“Everything Karpal has done in the last few years has been with the support of (his wife) Gurmit Kaur and Michael. They’ve kept him going, really.”

When he came to Malaysia to launch Karpal’s biography in 2013, Donoghue said he could tell Karpal was extremely proud of what he had achieved in his life.

“Basically, his legacy is one of uncompromising challenge to human rights on a number of fronts throughout his 40-plus years in legal practice.

“I suppose what endeared him to me was he challenged, he challenged, he challenged – and he did it in such a way that everybody enjoyed the trip.”

Although he was an eminently patient man, Donoghue said, Karpal would occasionally get frustrated with him, and ask when the book would be completed.

“I would tell him we would finish when he gave me an ending. We had the final ending this morning, and I think Karpal Singh will go down as one of the great warriors of the Malaysian legal and political fraternities.”

“He was a man who, as long as he had breath going into his lungs, was always going to fight. And in the wake of this man’s life, the fight will go on in Malaysia.”


AIMEE GULLIVER is a New Zealand journalist interning with Malaysiakini for six weeks, courtesy of the Asia New Zealand Foundation.

RIP Karpal Singh


Karpal killed in accident near Kampar
By Radzi Razak and Susan Loone

image
Veteran opposition MP and lawyer Karpal Singh was killed in an accident near Kampar in Perak this morning.

His long-time personal assistant Michael Cornelius Selvam Vellu, 39, was also killed.

Karpal’s son Ram Karpal and the driver were believed to be injured in the accident which occurred at 1.10am near 301.6km northbound marker along the the North-South Highway.

Malaysiakini learnt that Karpal and his son, who is also a lawyer, were heading north for a court case later today.

Contacted later, an Ipoh police spokesperson told Malaysiakini that it is believed the MPV collided with a lorry which switched lanes without indication.

Karpal’s other son and Puchong MP Gobind Singh Deo (left) told The Star that his father had died on the spot.

“My brother Ram is slightly injured but we are trying to get through to him,” he added when the daily contacted him at 3.30am.

According to a police statement later, Ram and driver of the ill-fated car, C Selvam, were not injured. However, Karpal’s Indonesian maid suffered severe injuries and she is warded at Ipoh’s Hospital Permaisuri Bainun.

The driver of the lorry involved in the road accident that killed Bukit Gelugor MP Karpal Singh this morning has tested positive for drugs.

The driver of the lorry involved in the road accident that killed Bukit Gelugor MP Karpal Singh this morning has tested positive for drugs.

The driver of the lorry, which was hit behind by Karpal’s car, and its three passengers escaped without injury.

The police said the MPV carrying Karpal and four others hit the slow moving lorry at a hilly stretch of the highway.

The five-tonne lorry was carrying a load of cement, steel and mosaic tiles.

Karpal, 74, was involved in a previous car accident in 2005 where he was paralysed and wheelchair-bound.

The vocal politician graduated from University of Singapore and started his law practice before running for Parliament in 1978.

His long tenure as Jelutong MP and fiery speeches in the Dewan Rakyat earned him the moniker “Tiger of Jelutong”.

Karpal had recently relinquished his post as DAP chairperson pending the disposal of his appeal against a sedition charge.

Last month, the High Court found him guilty of uttering seditious words against the Sultan of Perak at the height of the constitutional crisis in 2009.

PM offers condolences

image

Meanwhile, Prime Minister Najib Abdul Razak conveyed his condolences via Twitter.

“I have just landed at Ankara when I heard the news that YB Karpal Singh died in a road accident. My condolences to the family,” read the premier’s tweet.

May his family be brave and steadfast in this trying times. Malaysia has lost another fighter for the people.

May his family be brave and steadfast in this trying times. Malaysia has lost another fighter for the people.

Other netizens also expressed condolences and shock over Karpal’s passing.

“Shocked and sad news! DAP chairman Karpal Singh passed away in accident tonight. Malaysia has lost a truly patriotic son,” wrote Taiping MP Nga Kor Ming.

“Our dear Mr Karpal is no longer with us… I just can’t accept it…,” said Kulai MP Teo Nie Ching.

The bodies of the two deceased, Karpal and Michael, arrived at the Ipoh general hospital at 7.20am.

Penang Chief Minister Lim Guan Eng (right) and his deputy Mohd Rashid Hasnon, and former Perak menteri besar Nizar Jamaluddin were there.

They conveyed their condolences to Karpal’s sons Gobind and Jagdeep. Karpal’s wife was seen crying, while a relative tried to prevent photos from being taken. The bodies were sent for post-mortem.

BN's Langkawi MP Nawawi Ahmad and also the Chairman of KTMB posted an insensitive collage which he made light of the death of Bukit Gelugor MP Karpal Singh, claiming that it was “not serious”. He however deleted the posting after it became viral.

BN’s Langkawi MP Nawawi Ahmad and also the Chairman of KTMB posted an insensitive collage which he made light of the death of Bukit Gelugor MP Karpal Singh, claiming that it was “not serious”. He however deleted the posting after it became viral.

Gobind said that the family expects the post-mortem to finish at 10.30am, after which they will bring the body back to their family home in Penang by 1pm.

He added that he was informed about the accident at 2.15am, and together with his wife, rushed to the scene. Gobind and his mother, Gurmit Kaur, managed to see Karpal’s body.

The funeral for the veteran politician is expected to be either on Saturday evening or Sunday morning, he added.

“Mr Karpal has family and friends overseas and we are waiting for them to return for his funeral,” he said.

“His body will be kept in our ‎family home along Jalan Utama (Penang),” he added.

Gobind said Ram, who sustained slight bruises, is well.

He also thanked all well-wishers for their support and requested the public to give the grieving family some privacy.

“We will be keeping everyone informed with regular updates,” he added.

At about 8.30am, a man believed to be Karpal’s driver, Selvam, was seen approaching the forensic department in the hospital. He was sobbing but was taken away by several people from the scene.

It is learnt that Karpal’s body will be cremated at the Sikh cremation hall at 11am on Sunday.

The DAP has lost an upstanding and outstanding leader, the nation lost a brilliant legal mind and the rakyat a fearless “tiger” with an indomitable spirit who stood up for the poor, weak defenceless and dispossesed.

The DAP has lost an upstanding and outstanding leader, the nation lost a brilliant legal mind and the rakyat a fearless “tiger” with an indomitable spirit who stood up for the poor, weak defenceless and dispossesed.

ASEAN-US Security Relations Moving to a New Level


 
east-west-center-asia-pacific-bulletin
Number 256 | April 15, 2014
ANALYSIS

ASEAN-US Security Relations: Moving to a New Level

by Mary Fides Quintos and Joycee Teodoro

Chuck Hagel -The United States has just completed hosting a three-day forum with the ten ASEAN Defense Ministers in Hawai’i, fulfilling US Secretary of Defense Chuck Hagel’s invitation to his ASEAN counterparts during last year’s Shangri-La Dialogue in Singapore. The agenda of the US-ASEAN Defense Ministers’ Forum included a roundtable discussion on humanitarian assistance and disaster response (HA/DR), site visits to the National Oceanic and Atmospheric Administration’s (NOAA) Pacific Tsunami Warning Center and the USS Anchorage–an amphibious transport dock ship designed to respond to crises worldwide–and discussions on various pertinent security issues in the region.

The US-ASEAN Defense Ministers’ Forum marked the beginning of Secretary Hagel’s ten-day trip to Asia which included visits to Japan, China, and Mongolia and is his fourth official visit to the region in less than a year, all part of the ongoing US rebalance policy to Asia. This event was the first meeting that the US hosted, as previous gatherings were conducted on the sidelines of the ASEAN Defense Ministers’ Meeting (ADMM) Retreat and ASEAN Defense Ministers Meeting-Plus (ADMM-Plus) Summit.

The US-ASEAN Defense Ministers’ Forum was conducted under the ambit of the ADMM-Plus which was established in 2007 to serve as a venue for ASEAN to engage with eight dialogue partners–Australia, China, India, Japan, New Zealand, South Korea, Russia, and the United States–in promoting peace and security in the region. To date, ADMM-Plus has established five working groups for practical cooperation covering maritime security, counter-terrorism, humanitarian assistance and disaster management, peacekeeping operations, and military medicine.

This most recent meeting was held amid another wave of tensions on the Korean Peninsula and in the South China Sea. For ASEAN, a recent water cannon incident near Scarborough Shoal involving Filipino fishing vessels and Chinese Coastguard ships, the standoff at Ayungin (Second Thomas) Shoal again between the Philippines and China, and China’s naval exercises at James Shoal which is claimed by Malaysia are all issues of concern.

Indonesia’s strengthening of its military presence in the Natuna Islands which China included in its nine-dash line is another indication of the increasing insecurity and instability in the region. The meeting provided a good opportunity for informal dialogue on the overall security environment in Asia and the possible implications of developments in Ukraine for the principles of sovereignty and territorial integrity within the international order. It also served as an opportunity for the United States to reemphasize that it can be relied upon by ASEAN members in supporting the peaceful settlement of disputes in accordance with international law and in upholding the freedom of navigation and overflight in the region.

With regard to humanitarian assistance and disaster response, Typhoon Haiyan in the Philippines Hishamuddin Husseinlast year and the ongoing search for Malaysia Airlines Flight 370 has demonstrated the lack of capacity of individual ASEAN countries or ASEAN as a bloc to immediately respond to a crisis. Not disregarding the efforts made by the governments of the Philippines and Malaysia, these incidents highlighted the need for the participation of other states particularly in terms of sharing of expertise, technology, and information. The US-ASEAN Defense Ministers’ Forum explored areas where cooperation in these areas can be further strengthened. It was a reiteration of the need for multilateral cooperation in non-traditional security challenges that do not respect territorial boundaries.

The increased frequency of high-level visits by US officials to Asia, the provision of resources to its allies in the region, the reallocation of military hardware, along with ongoing military activities demonstrate that the US intent is to have a closer engagement with the region over the long term. These actions are also manifestations of the US commitment to Asia despite fiscal restraints and the looming crises in other regions where the US is also expected to be involved.

Moreover, they send a strong signal that the United States remains the region’s security guarantor regardless of doubts on its capacity to perform that role. However, the US-led hub-and-spokes alliance security model can be perceived as an act of containment against a particular country, hence the importance that bilateral alliances are supplemented by a multilateral institution that is open and inclusive such as ASEAN in shaping the regional security architecture.

The conclusion of the first US-initiated US-ASEAN Defense Ministers’ Forum highlights the growing importance of ASEAN to the United States, especially if the event becomes more institutionalized. The message is that the United States views ASEAN as a central and strategic player, not only in the US rebalance to Asia but more importantly in the building of a strong and credible regional security architecture for the Asia-Pacific.

The move by the United States to actively engage ASEAN in its rebalance also shows the maturation of ties between them. By acknowledging ASEAN as an important regional actor, the relationship between the two has clearly been elevated. This also raises a key point with regard to respecting ASEAN’s centrality in the region. Economic power and military size notwithstanding, major powers need to recognize that any credible regional security architecture must include ASEAN.

These deliberate and sustained efforts involving ASEAN in devising the region’s security architecture are clear manifestations that the United States is actively engaging more actors in the region for maintaining peace and stability. More importantly, by involving ASEAN, there is the added assurance that the region’s security environment will work under a framework that is not dominated by a single power.

ASEAN, for its part, should see changes in the regional security environment as both opportunities and challenges. While ASEAN has been successful in engaging the major powers in the region, its centrality must continuously be earned. First, it needs to maintain unity amid differences; it should not be influenced by any external actor that seeks to advance its national interests at the expense of regional interests. ASEAN members must learn how to pursue their respective interests not only through national strategies but also through regional unity.

As a community, ASEAN is expected to act as a bloc championing the group’s interests and not only those of the individual member-states. Second, there should be greater commitment to cooperation not only in HA/DR but also in other non-traditional areas of security. Non-traditional security challenges are often transnational in scope and include multiple stakeholders. ASEAN must continuously enhance regional cooperation and coordination in times of crisis, although individual countries must also develop domestic capacity to respond to security challenges.

ASEAN should start addressing this deficit now otherwise institutional mechanisms will remain only on paper. These challenges will force ASEAN to build and improve on its usual practices and move beyond its comfort zone, in the long run benefitting the bloc as it matures institutionally.

About the Authors: Ms. Mary Fides Quintos and Ms. Joycee Teodoro are both Foreign Affairs Research Specialists with the Center for International Relations and Strategic Studies at the Philippines Foreign Service Institute.

The views expressed here belong to the authors alone and do not reflect the institutional stand of the Philippines Foreign Service Institute. Ms. Quintos can be contacted at fides.quintos@gmail.com and Ms. Teodoro at joyteodoro@gmail.com.

The East-West Center promotes better relations and understanding among the people and nations of the United States, Asia, and the Pacific through cooperative study, research, and dialogue.
Established by the US Congress in 1960, the Center serves as a resource for information and analysis on critical issues of common concern, bringing people together to exchange views, build expertise, and develop policy options
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MH370: Is the story credible? Watch this lengthy video–30-Day Update


April 16, 2014

MH370: Is the story credible? Watch this lengthy video–30-Day Update

Presented by Lauren Moret (Part 1)

Prime Minister Najib Razak said Malaysia’s democracy is best in the world.

Prime Minister Najib Razak said Malaysia’s democracy is best in the world. If so, why are you, Mr. Prime Minister, keeping things from us, your citizens? The truth will be known eventually and you will answer for this.

http://exopolitics.blogs.com/peaceinspace/2014/04/part-1-leuren-moret-confirmed-mh370-shot-down-by-us-over-singapore-airspace-as-uk-inmarsat-leads-30-day-false-flag-psy.html

Obama and Malaysia


April 16, 2014

Obama and Malaysia

US President must walk a delicate line in a country facing increasing international criticism.

Obama-for-BERSIH2Obama for Clean and Fair Elections in Malaysia?

US President Barack Obama is expected to visit Japan, South Korea, the Philippines and Malaysia this month as part of his push to increase US diplomatic, economic and security engagement with countries in the Asia-Pacific region. But despite the relative size and strategic importance of the other countries, it is his April 27 trip to Malaysia that arguably gives the President his biggest problems.

Given the events of the past few months, Obama will visit a country that has earned some of the worst press in Asia, not only for its fumbling response to the loss of its jetliner, MH370, with 239 people aboard, but to revelations of growing racial and religious intolerance, blatant attempts to silence the Opposition through spurious legal action and bizarre charges by Prime Minister Najib Tun Razak’s own newspaper that the Central Intelligence Agency kidnapped the plane to foment trouble with China, 152 of whose citizens were aboard the missing craft.

The same newspaper, Utusan Malaysia, repeated as a real possibility speculation by former Prime Minister Mahathir Mohamad that the CIA brought down the World Trade Towers in 2001 as a plot to blame Muslims for the destruction.

anwar-ibrahim2In recent weeks, an appeals court has reversed a lower court decision against opposition leader Anwar Ibrahim, declaring him guilty of what were clearly trumped up charges of sodomy. The decision, apparently rushed forward, was designed to deny Anwar an almost certain win in a Kuala Lumpur suburban by-election that would have paved his way to becoming Chief Minister of the country’s most populous and prosperous state and would have given him a potent rhetorical platform to challenge the government.

In an equally dubious decision, Karpal Singh, chairman of the Democratic Party, the biggest in the troika of opposition parties, was declared guilty of sedition for saying a decision by the Sultan of Perak could be questioned in court.  The conviction, which is being appealed, bars him from politics. 

The international press that showed up in Kuala Lumpur after the disappearance of the airliner began asking questions that exposed a regime unaccustomed to facing independent scrutiny – questions that a kept mainstream media, all of which are owned by the political parties in power, have ignored for decades. While a vibrant opposition press exists on the Internet, the government simply ignores it or tries to neutralize its reports. Those questions include crony capitalism, gerrymandering and political repression. CNN, the major US and British newspapers and other media assailed the government as authoritarian, corrupt and befuddled.

The feeling in Washington, however, is that the cost of cancellation to the strategic relationship between the two countries would be too high. Obama reportedly is being urged to visit a Christian church while in the country to show US commitment to human and religious rights. Advocates say the President should make at least some gesture of recognition of the fact that a 50.87 percent majority of Malaysians voted against the ruling coalition in 2013 general elections at 47.38 percent but still hold only 89 of the 222 seats in parliament because of gerrymandering. It’s unsure if he will do so. There is speculation that he may just opt for a “meet and greet” and get out of town as quickly as possible to avoid international criticism for propping up a regime that is starting to assume Zimbabwean characteristics of repression and kleptocracy.

“I don’t have any problem with Obama visiting Malaysia, provided he reaches outmalott1 to Malaysians on both sides of the aisle and all sectors of society, including the Christian community, whose rights are being trampled on by their government,” said John Malott, a former career foreign service officer who served as Ambassador to Malaysia from 1996 to 1998 and who has emerged as Malaysian government’s severest western critic. “But this has to be a visit that is based on the reality of what kind of country Malaysia really is today – and not to believe the talking points that Malaysia is still a tolerant multi-racial, multi-religious, harmonious, moderate Islamic nation, an economic success story, and a role model for others. It no longer is.”

Najib visited the White House in 2011 and was given a wholehearted endorsement by the President, who said Najib has “showed great leadership, I think, not only in continuing to show great leadership not only in Malaysia’s economy but on showing leadership on a wide range of multilateral issues.”

Najib PMThe President is said to like Najib personally despite the fact that a wide range of issues have never been cleared up, going back to allegations of Najib’s personal involvement in the US$1 billion purchase of French submarines that according to French prosecutors was said to have netted US$114 million in bribes and kickbacks to the United Malays National Organization. The case is still making its way through French courts.

There is also the matter of the still controversial 2006 murder by two of Najib’s bodyguards of Mongolian translator and party girl Altantuya Shaariibuu, who according to a now-dead private detective had been Najib’s girlfriend before she was allegedly passed on to his best friend, Abdul Razak Baginda, a key figure in the purchase of the submarines. The bodyguards were acquitted on appeal despite overwhelming evidence of their guilt, raising questions about Malaysia’s legal system as well.

There have been some rude shocks. Six months ago, in the run-up to his previous delayed visit to the region, the US President hailed Malaysia as an “an example of a dynamic economy” and praised its multi-ethnic, moderate Muslim-dominated society only to see just three days later a court decision ordering Christians not to use the word “Allah” when referring to God, making it the only Islamic country in the world to do so.

After that, the government ordered the confiscation of Malay-language Bibles containing the word – but only in Peninsular Malaysia. Christians using Malay-language Bibles in East Malaysia were allowed to keep them. That is because most of the Christians are tribes indigenous to Borneo that are aligned with the ruling party. In Peninsular Malaysia, they form the bulk of the Opposition.

“So the issue is — how can you talk about establishing a ‘strategic partnership’ with such a government?” Malott asked. “Maybe that is what will have to be downplayed or even canned for this visit. To me, the idea of a declaring a strategic partnership with a government whose faults have now been revealed to the world, day after day, seems politically unwise.”

Malott also questioned what strategic benefits the US can obtain from Malaysia.“What strategic value does Malaysia have that it warrants America to hold its nose and ignore the trampling of democracy and political freedom, not to mention the corruption and cronyism that hurt American business interests there?” he asked. “And with Mahathir, the great anti-American, increasingly calling the political shots and Najib’s popularity the lowest of any Prime Minister in polling history, will a ‘strategic partnership’ with the US survive Najib’s departure?”

ESSCOM: Another Dysfunctional Security Set-Up


April 16, 2013

ESSCOM: Another Dysfunctional Security Set-Up

by Aidila Razak and Hafiz Yatim @www.malaysiakini.com

The Eastern Sabah Security Command (Esscom) leads to a duplication of work, said a former Sabah Police Chief.

However, Dato’ Ramli Yusuff, who was Police Chief from 2002 to 2004, refused to comment on whether Esscom should be scrapped, saying that it was a policy issue.

On the same note, Ramli said, Esscom should be headed by the state Police Chief to avoid duplication of the chain of command and ensure a better grip on security operational matters.

“I have studied the area well and I think Esscom, or whatever you want to call it, should be headed by the Police or Army. But I prefer the police because this is an internal (security) matter..,” Ramli told Malaysiakini in an interview.

“This is my personal opinion, but (current Esscom Chief) Mohammad Mentek is from the Immigration Department and he doesn’t know operational matters,” he added.

Ramli, who headed Ops Nyah which saw the deportation of more than 100,000 illegal immigrants from Sabah during his time, said Esscom creates a conflicting chain of command.

“I don’t know… they may have their own standard operating procedures. But to me, as the ex-Police Commissioner, I think it is ridiculous. It is better to increase the assets of the local Police or Army for that matter… These things should be coordinated already,” he added.

Commenting on the recent kidnapping of two women from a resort off Semporna, Ramli said if the Police were in charge, no time would have been wasted. Instead there was “pushing (bertolak-tolak)” between Esscom and the Police to figure out whose jurisdiction the kidnap fell under.

Ramli said when he was Police Chief, there were no incursions or kidnappings because coordination was tight among all enforcement agencies, including the Army.

In fact, he said, he “wiped out” a gang of kidnappers from Sarawak with help from the intelligence and operations teams from Bukit Aman, with which he had worked before.

As Police Chief, Ramli said, he would advise the Chief Minister on security issues and coordinate everything with the Navy, Air Force, Army, volunteer corps (Rela), and Immigration and Customs departments. “I advise politicians, I don’t listen to politicians,” he added.

Visit Malaysia Year without security?

Ramli said the Army and Police shared their assets throughout Sabah, and compared notes on intelligence which he insisted is the most crucial aspect of security operations.

Special attention was also given to tourist areas where more personnel were deployed at outposts and for patrols.

“(The kidnappers) are clever, and they have phones. They will try to invade but if you put your people there, they won’t take it lightly. All our boys were there.

“Security must be in place, especially if you want to have Visit Malaysia Year. Or else who will come?… It doesn’t matter (how long the border is). If it happens in your district you have to know,” he said, adding that ground intelligence should be water tight in “red zones”.

Based on his experience, Ramli said “there is no way” such kidnappings and incursions can take place because the state and security personnel have already identified these “red zones”.

“So I cannot understand why Esscom cannot (handle) this… These are the areas we used to take care of before and we beefed up (security) in all these areas.

“If only the Police and Army can sit down and work together again, it will be very good. We worked based on information on the ground. Now I believe they have many platoons… There is no reason for such things to happen,” Ramli added.

April 16, 2014

Ramli: I’d have hit Sabah intruders fast and hard

by Aidila Razak and Hafiz Yatim

http://www.malaysiakini.com

INTERVIEW: The Lahad Datu incursion last year remains a black mark in the nation’s history but former Sabah Police Chief  Dato’ Ramli Yusuff said if he was at the helm during the crisis, he would have wasted no time hitting the foreign intruders quick and hard.

Ramli, born in a leap year 62 years ago, said if he was in charge, he would never allow armed invaders to prevail.

“I would straight away (have my men) kill them. No negotiations in matters of security – if it is confirmed they are armed intruders, we whack them.I do not negotiate,” he said, when asked how he would react to that armed incursion.

The former senior Police officer, who rose to number three in the Police Force before his retirement, added that there was no compromise when it comes to the country’s sovereignty.

In last year’s armed incursion, the authorities moved in on the Sulu invaders on March 1, after the intruders had holed up at Kampung Tanduo in Lahad Datu for almost three weeks.

“As far I am concerned, when it comes to internal security, the Commissioner of Police of Sabah is in charge of operations, as he looks after the security of the state.”

Ramli was Sabah Police Chief from 2001 to 2004, and prior to that he had served as the Bukit Aman Criminal Investigation Department (CID) deputy director for seven years from 1994. He later progressed to become Pahang chief police office (CPO) and later Commercial Crimes Investigation Department (CCID) Director.

As Sabah Police Chief, Ramli said he took three months in 2001 to clear the illegal settlements during the state-wide Ops Nyah II in all 20 Police districts.

He said the Police worked with intelligence gathered from the ground in identifying which houses held the illegals and acted against them.

Within three months, thousands of squatter areas were cleaned and demolished from Pulau Gaya, Sandakan, Lahad Datu, Kudat, Marudu, Beluran, Kinabatangan, and Semporna, said the former Sabah CPO, showing aerial pictures of the clampdown on the settlers.

“During that time, the Police, Army, Rela, Immigration, and marines were with us in mounting the operation and moving into the villages, where many had weapons. If the Police were to move on their own, it would be dangerous. In some of the places, it was like moving into fortresses as they were well armed.

“When we moved in, we documented the illegal immigrants by taking their photographs and fingerprints. This was to make sure that they did not come back illegally, with false papers and passports with new names. We warned employers that if they wanted to hire them, to do it legally.”

Death threats

Ramli said biometric documentation was done when he was Sabah Police Chief and the Police would keep a copy while another was handed to the Immigration Department to deter the illegals from coming back. If they returned and were caught, they would immediately be deported.

“All in all, we sent back hundreds of thousands of illegal immigrants and we charged another 100,000 who did not have documents. The courts were packed with these cases,” he said. Ramli added that if the illegal immigrants surrendered willingly, the Police would deport them without them being charged.

As a result of his stern actions, Ramli revealed he received death threats, and showed an article from the New Sabah Times on this (right).

“They dared to call my office to threaten me. But that did not deter me. I continued to hit them harder. I suspect it was foreigners or illegal immigrants who had called following the arrest of their relatives.”

He said as a result of the strong action taken against the illegal settlers during his time, crime went down by 30 percent in Sabah in 2002.

“The illegals were drug addicts, drug pushers, criminals. They were a major cause of crime. When we hit them hard and sent them away, crime rates immediately dropped,” he said with quiet pride.

Once a Upon Time: Malaysia was known for its Institutions


April 15, 2014

Once a Upon Time: Malaysia was known for its Institutions

Commentary

by The Malaysian Insider (http://www.themalaysianinsider.com)

There was a time when Malaysia was known for its institutions – a civil service that facilitated rapid development from an agrarian economy to an industrialised one, a judiciary that was held in high esteem of the Commonwealth, and a military that defeated a communist insurgency.

Today, more than 50 years as a nation spanning from Perlis to Sabah, we see ineptitude and incompetency, a complete meltdown of Malaysian institutions.

Gani PatailThe Attorney-General now farms out cases to an UMNO lawyer; the Inspector-General of Police (IGP) leads an organisation which does not act when a High Court rules; the Department of Civil Aviation (DCA) suffers a credibility deficit; and the Air Force has not covered itself with any glory.

So who do Malaysians turn to in time of need? Not any of the above, it appears. Sad but true. The saga of Malaysia Airlines flight MH370, which disappeared with 239 people on board on March 8, has confirmed what Malaysians have suspected for a long time. That there is not much meritocracy and thinking going on in the civil service.

The authorities, from the Minister downwards, have yet to explain what happened in the crucial hours after MH370 was found missing. A CNN and BBC television report yesterday showed Defence Minister and Acting Transport Minister Datuk Seri Hishammuddin Hussein avoiding the question.

Tiga AbdulTiga Abdul (Abdul Muhyuddin, Abdul Najib, Abdul Hisham)

Can the civil aviation sector trust the DCA to do the right thing immediately after a flight vanishes from the radar screens? Why wasn’t the Air Force told that a jet was missing? Why wasn’t plane maker Boeing told immediately? Why didn’t the air traffic control respond to their Vietnamese counterparts when told that there was no contact with the Boeing 777-200ER that was on its way to Beijing?

Why the silence?

These days, Malaysia just has bad jokes passing off as the Civil Service, Police Force, Military and the Public Prosecutor. This is the meltdown of institutions that had shaped the country from its formative years to the Asian tiger that it once was.

The Royal Malaysian Air Force (RMAF) also has to explain how it defends the Chief of the RMAF, Rodzali Daudcountry’s airspace throughout the day. Yes, we have brave men and women in uniform keeping watch but a mysterious blip on the radar moving east to west was left unmolested.

Not even hailed by radio, let alone scrambling jets to check on the blip. Or even to ask the DCA and air traffic control if they were also seeing the blip.Does the RMAF have fighter jets on standby? How many can fly these days apart from those used for parades, air shows and F1 races?

The IGP has decided to play marriage counsellor to a divorced couple rather than enforce the law after the ex-husband forcibly took away his son from the ex-wife’s legal custody. Does the IGP or anyone else in the police force know the law and the offence that was committed, or do they assume there is a conflict in the civil and Shariah law that they cannot take any action?

Can anyone cite religion and get away with a crime? How can people trust the Khalid Abu Bakarpolice to enforce the law passed by lawmakers elected by the people?

Where is the Attorney-General in all of this? Is it more important for him to go to London to figure out who will have custody of the MH370 black box, once found, rather than stay back in the country and decide on whether to prosecute or take action against a man for abducting his child from his ex-wife’s legal custody?

Or just outsource some jobs to an UMNO lawyer – from defending the Registrar of Societies (RoS) in a judicial review brought by the  DAP to prosecuting Opposition leader Datuk Seri Anwar Ibrahim in his sodomy appeal. Is the Attorney-General’s decision to outsource some work a tacit confirmation and acknowledgment that there is no talent left in the A-G Chambers to do the work?

And is there any talent also left in the Civil Service, Police Force and Military? Malaysia’s Civil Service was the envy of many – from working on poverty eradication and affirmative action policies to industrialisation and a respected Judiciary and prosecution. They did more with fewer resources and lesser people then. But they had quality talent back then.

These days, Malaysia just has bad jokes passing off as the Civil Service, Police Force, Military and the Public Prosecutor. This is the meltdown of institutions that had shaped the country from its formative years to the Asian tiger that it once was.

It might take a generation to possibly set things right with these institutions. Or is that just a hope that is fading as fast as the chance of hearing another ping in the southern Indian Ocean?

 

A Debate on William Easterly’s New Book: The Tyranny of Experts


April 14, 2014

Public Event
Easterly

A Debate on William Easterly’s New Book: The Tyranny of Experts

Wednesday, April 9, 2014 – 10:00am to 11:30am

Featuring

William Easterly

Professor of Economics and Co-director, Development Research Institute, New York University

Vs.
Owen Barder
Senior Fellow and Director for Europe, Center for Global Development

Moderated by
Nancy Birdsall
President, Center for Global Development

Why does poverty persist across so much of the world, despite billions of dollars in international aid and the efforts of development professionals? William Easterly’s answer, as proposed in his new book, The Tyranny of Experts: Economists, Dictators, and the Forgotten Rights of the Poor, is a lack of respect for liberty—not just on the part of governments of impoverished countries but also, more provocatively, on the part of the development experts. Owen Barder, Director of CGD in Europe and a noted development expert himself, disagrees. A vote of the audience will determine who wins the debate, which will also be streamed live.

 

Malaysia gets top prize for football match fixing


April 14, 2014

http://www.freemalaysiatoday.com

Bolehland (Malaysia) gets top prize for football match fixing

 by Nicolas Anil

PETALING JAYA: “If there was a gold medal for football match fixing, Malaysia would win it.”

Declan Hill's bookThis is the damning verdict of Declan Hill, the Canadian journalist and academic who has been called the world’s foremost expert on match fixing and whose book, The Fix: Soccer and Organized Crime, is an international bestseller.

Hill has testified on the issue before the International Olympic Committee (IOC), the British and European Parliaments as well as the integrity units of the European Union of Football Associations. He has hard facts to back his claims.

Indeed Malaysian football has become synonymous with match fixing since 1994, when 21 players and coaches were sacked, 58 players suspended and 126 players questioned over corruption.

Two decades on, little has changed. In 2012, the Malaysian Football Association (FAM) suspended 18 President Cup players and banned a former Negeri Sembilan coach for life after they were found guilty of fixing matches.

Last year, five Kuala Lumpur players and three officials were slapped with life bans FBL-GERMANY-CANADA-CORRUPTION-HILLand 17 others were fined after FAM found them guilty on match fixing charges. A few months before that scandal, the Perak FA suspended its entire team for two weeks on suspicion of match fixing after they lost heavily in several matches.

In fact, according to Hill (right), match fixing has been spreading like cancer since the 1994 disgrace.“Malaysian match-fixers were not stopped in 1994,” he said recently. “They decided to keep local fixing under the radar and spread their activities throughout the world [instead], where the profit was much more lucrative.

“In 1994, we barely had the Internet. There was hardly any live coverage of European football and this was a massive change in Malaysian and Singaporean society. And so, gradually, Malaysians identified something that the rest of the world was just waking up to, which was globalisation.

“These people were really intelligent businessmen. They started to send their people around the world, proposing deals to dubious players, coaches and team owners to fix the games in their leagues.

Irresistible deals

“These Malaysians would propose the following to local fixers: ‘You fix the local game, and we’ll fix it on the Asian gambling market.’

“These deals were simply irresistible. They could make 10 times the profit because there was demand for it on the Asian gambling market. Now, suddenly, you have a second division game in Italy that could generate around a hundred thousand Euros.

“With this kind of money, more people could be bought and so it became a pattern. Malaysians have certainly become a household name on the match fixing market, having traces in Greece, Czech Republic, Slovakia, Bulgaria, Belgium, Italy and Germany.”

Hill has a suggestion on how to stifle Malaysian match fixers.“A special, independent unit needs to be formed to crack and clean this phenomenon,” he said.

Kj“Pressure must be put on the Malaysian officials, and pressure has to come from men like me.There is an expectation of corruption in Malaysian football amongst the fans, players, coaches and officials, because there is a bigger fish involved in this.So that is why an elite task force has to be formed, and they must have the guts to go after these fixers.”

Hill said that if Malaysia did not act soon, there would be ramifications that could damage the nation’s prestige.

“As I have testified before various Parliaments, we have to tell the IOC that if Malaysia doesn’t clean up this problem, they will be banned from international sports. Not being able to participate in the Olympics, for instance, would be a damaging blow to the country’s pride. So it may be just be the tonic for them to get down to the root of this problem.”

It is certainly hard to argue with Hill when Malaysian football keeps making the headlines for all the wrong reasons. Perhaps it is time for the Police and the Malaysian Anti-Corruption Commission to sit down and brainstorm a way to kill this cancer.

Nicolas Anil is a sub-editor with Sports247.

A-G Gani Patail is not above the Law


April 11, 2014

A-G Gani Patail loses to Rosli Dahlan: NO ONE IS ABOVE THE LAW

by Din Merican

mh370-hishammuddinWilliam Pesek, a prominent Bloomberg columnist, wrote recently that the global outcry over the loss of flight MH370 has highlighted the country’s deepest flaws of incompetent people running the country.

The Fumbling Team of MH370

“The fumbling exposed an elite that’s never really had to face questioning from its people, never mind the rest of the world. The country needs nothing less than a political revolution,” said Pesek. And I agree. Nothing will change until the present political elite is made to pay for their ineptitude, incompetence and crooked ways by Malaysian voters.

At the international level, our political leaders will have to take the blame. At the national level, we are facing a crisis of our public institutions being headed by not just mediocre and incompetent people but also characters who are downright dishonest and who abuse the system with impunity– the rogues in government.

Rosli Dahlan wins against A-G Patail

Vazeer, a former practising lawyer before being made a judge, said he agreed that deliberate abuse of power by those holding a public office was misfeasance in public office.

Vazeer, a former practising lawyer before being made a judge, said he agreed that deliberate abuse of power by those holding a public office was misfeasance in public office.

That brings me to the news reports of this morning that my young friend, Lawyer Rosli Dahlan, has again won another case against A-G Gani Patail. For my readers’ convenience I have reproduced only the MKini report by Hafiz Yatim (below) that provides interesting links on this story that never ceases to inspire me.

Back in Time–To the Eve of Hari Raya (Aidil Fitr), 2007

It’s a sad story of how on the eve of Hari Raya 2007, Lawyer Rosli Dahlan (right) wasR Dahlan brutally arrested in his office in full view of his staff by the ACA (now MACC). He was then charged in a most sensational manner to deceive the public into believing that Rosli had hidden illegitimate assets belonging to the Director of Commercial Crimes, Dato Ramli Yusuff, in another sensational story fanned by the media dubbed as the “The RM 27 million Cop”.

All this was part of a conspiracy to eliminate Dato Ramli from the PDRM as Dato Ramli posed a threat to then IGP Musa Hassan and A-G Gani Patail. Rosli was made a victim because he dared to defend Dato Ramli despite warnings having been sent to him. Since then, Musa‘s former ADC had sworn a Statutory Declaration to expose IGP Musa Hassan’s links with the underworld.

A lot more was also disclosed about A-G Gani Patail’s association with shady corporate figures like the one in the Ho Hup Affair. The Internet was also abuzz with stories about how A-G Gani Patail went to Haj and had his son to share a room with a shady former Police Inspector who was once charged for corruption, Shahidan Shafie, a proxy of former MAS Chairman Tan Sri Tajudin Ramli.

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

That explains why A-G Gani never charged Tajudin Ramli for the losses of RM 8 billion that MAS suffered despite recommendations by Dato Ramli Yusuff. Dato Mat Zain Ibrahim, former KL OCCI also swore SDs about A-G Gani Patail throwing away the Batu Putih case for pecuniary gains.

Ramli YusuffYet Gani Patail remains as the A-G of Malaysia, leading many to speculate that he has a grip on PM Najib Razak because of Razak Baginda’s acquittal in the murder of the Mongolian beauty, Altantuya Shariibu. In that case, the A-G did not appeal against Razak Baginda’s acquittal.

On the other hand, the A-G has pursued criminal appeals against certain people like Lawyer Rosli Dahlan and Dato Ramli Yusuff (left). In the PKFZ case, A-G Gani Patail charged and appealed against the acquittal of Tun Ling Liong Sik which led to Tun Lingcalling him – “ That Stupid Fella”.

Back to Rosli’s case. Lawyer Rosli, he has fought a long and lonely battle, winning his acquittal and then suing every one of the mainstream media for defaming him – Utusan Malaysia, The Star and the NST, and winning against them one by one very patiently.

On April 15, 2008, Utusan Malaysia published a public apology admitting their wrongdoings and acknowledged that the Utusan Malaysia’s article “was written and published in a sensational manner to generate publicity which exceeded the parameters of ethical journalism surrounding the investigation of YDH Dato’ Pahlawan Haji Ramli Haji Yusuf who at that time held the post of Director of the Commercial Crime Investigation Department of Police DiRaja Malaysia.”

Utusan's Apology

On January 15, 2013, the Star paid damages and admitted to its wrongdoings in a published public apology.

The Star's Apology

On October 18, 2013, the KL High Court found the NST and the MACC guilty of defaming Rosli and ordered them to pay damages of RM 300,000 and costs. This made history as it was the first time that the MACC was sued by a person and the MACC lost and had to pay damages.

Last year Rosli sued A-G Gani Patail, MACC Chief Commissioner Tan Sri Abu Kassim and several other MACC officers for conspiracy, false and malicious investigation, abuse of power, abuse of prosecutorial discretion, malicious prosecution, prosecutorial misconduct and public misfeasance.

Read the MKini report below and you will discover that A-G Gani Patail had engaged Tan Sri Cecil Abraham , a senior private lawyer from Messrs ZulRafique & Partners (an UMNO law firm) to defend him, the A-G Chambers (A-GC) and the MACC.

I find that surprising since I am told that the A-GC has over 800 lawyers, making the A-GC the “largest law firm” in the country. By contrast, I am told that the largest private law firm in the country has a maximum of 140 lawyers.

 Putrajaya needs to review its policies as it can't afford to spend taxpayers' money on the AG's own legal problem.


Putrajaya needs to review its policies as it can’t afford to spend taxpayers’ money on the AG’s own legal problem.

That means the Government of Malaysia spends millions of ringgit to staff the A-GC in order to defend the government. Yet when the Government is sued, A-G Gani Patail engages private lawyers. Does that makes sense to you?

Is A-G Gani Patail admitting that he is not confident of the A-GC, which he heads, to defend him and the government in the face of the law suit by Lawyer Rosli Dahlan? Is A-G Gani Patail admitting that the A-GC is incompetent? Was that why Tan Sri Shafee Abdullah was asked to be an ad hoc DPP to prosecute the appeal against Dato Seri Anwar Ibrahim? Or is there is a commercial logic to that? Is A-G Gani Patail outsourcing legal work to his friends in the private sector to reward them for covering up for his misconduct and incompetence?

Cecil Abraham sits in the MACC’s Operations Review Panel.

Cecil Abraham sits in the MACC’s Operations Review Panel.

I had a chat with Tan Sri Robert Phang who has always been critical of A-G Gani Patail. He told me a more worrisome story. Robert Phang questioned whether Tan Sri Cecil Abraham (right) is a fit to lawyer to defend the A-G because Cecil Abraham sits in the MACC’s Operations Review Panel, which advises on oversights in the MACC. One of the committee’s functions is to ensure that the MACC and other government agencies do not commit abuses. It is like an Ombudsman. If so, how can Cecil Abraham defend A-G Gani Patail and the other MACC officers whom Rosli has accused of fixing him? Is that not a conflict of interest?

Other lawyers tell me that Cecil Abraham is the senior lawyer implicated in the PI Bala SD case over the Altantuya murder. I am stunned by all these revelations. It seems that all the committees and advisory panels in the MACC and other government agencies are to cover up for their wrongdoings rather than to expose and correct them. No wonder our country is headed for doom !

Americk Sidhu, PI Bala's lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

Americk Sidhu, PI Bala’s lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

I am told that Rosli’s Statement of Claim against A-G Gani Patail contains very damning revelations about A-G’s misconduct. I am told that with every victory that Rosli gained against A-G Gani Patail, more and more civil servants and people are coming up to him to offer assistance and being more willing to be witnesses in his cases. This was unlike before when many were afraid to be associated with him.

Is that why AG Gani Patail does not want to go to trial and employ all kinds of delaying tactics in Rosli’s suit against him. Is that why A-G Gani Patail engaged Tan Sri Cecil Abraham to strike out Rosli’s suit? Otherwise, why is A-G Gani Patail so afraid to go to trial in Rosli’s case?

But now that Tan Sri Cecil has lost this striking out application and the A-G is ordered to pay cost to Rosli, who is going to bear this cost? Should taxpayer’s money be used to pay for the misconduct of these rogues in government? If we taxpayers have to bear this cost, then A-G Gani Patail and the likes of him will never be repentant. There will never be accountability!

In my view, A-G Gani Patail must bear the full costs of his misconduct. He must be held accountable and he must pay the legal fees charged by his friend Tan Sri Cecil Abraham. I am also of the view that the MACC should sack Cecil Abraham from being on its Advisory Panel. Cecil Abraham cannot sit there to pretend that he is acting as a check and balance against the MACC’s misconducts whereas he is also covering up for the MACC when the MACC is sued by Rosli, and getting well paid by the Government using tax payer’s money!

Conflict of Interest

The conflict of interest is so clear and it is appalling that a senior titled lawyer like Tan Sri Cecil Abraham cannot see that. I also feel that the Bar Council should not stand idle arms akimbo with this revelation. The Bar Council should subject Cecil Abraham to disciplinary proceedings for breaching such common sense rule on conflict of interests. Cecil has dishonored the Bar and the Council must act against him!

Well Done, JC Wazeer Alam Mydin 

In that regard, I must congratulate Judicial Commissioner Wazeer Alam Mydin for having a fair sense justice in not allowing A-G Gani Patail to strike out Rosli ‘s claim. A judicial Commissioner is basically a probationary judge. For a probationary Judge to do this means JC Wazeer is indeed a brave man who would not tolerate public authorities who commit abuses and then claim immunity. It is indeed a brave probationary judge to stand up to the A-G and tell it to the A-G’s face that the A-G is not above the law.

The winds of change is blowing and judges like JC Wazeer Alam will be a credit to the judiciary. JC Wazeer Alam is indeed a brave man to make this iconic statement:

“The claim by AG of his absolute public and prosecutorial immunity is an anathema to modern democratic society.”

======================================================

April 11, 2014

A-G not immune to legal action, rules Judge

by Hafiz Yatim@www.malaysiakini.com

The Attorney-General is not immune to legal action, the High Court in Kuala Lumpur ruled today.

Judicial Commissioner Vazeer Alam Mydin Meera said this in dismissing Attorney-general Abdul Gani Patail’s application to strike out the suits by former Commercial Crime Investigation Department director Ramli Yusuff and his lawyer Rosli Dahlan.

Public authorities who abused their powers have been "insulated" from prosecution for "far too long" by using the Public Authorities Protection Act.

Public authorities who abused their powers have been “insulated” from accountability  for “far too long” by using the Public Authorities Protection Act.

“I am afraid that the notion of absolute immunity for a public servant, even when mala fide or abuse of power in the exercise of their prosecutorial power is alleged in the pleadings, is anathema to modern day notions of accountability.

“I agree that deliberate abuse of power by a person holding a public office is tortious and is referred to as misfeasance in public office.

“Such a tortious act can arise when an officer actuated by malice, for example, by personal spite or a desire to injure for improper reasons, abuses his power,” Vazeer Alam said.

“This is keeping with developments in modern jurisprudence that absolute immunity for public servants has no place in a progressive democratic society,” the judge added. The A-G and two other officers from the A-G’s Chambers were named in the respective suits filed by Ramli Yusuff and Rosli Dahlan.

They had sought to strike out the suits on the grounds that they should be immune to such action in carrying out their prosecution powers. Ramli had filed a RM128.5 million suit against A-G Gani, former IGP Musa Hassan and several Malaysian Anti-Corruption Commission officers.

Rosli had filed a separate suit amounting to RM48 million against the same parties.The two are suing them for abuse of power, malfeasance in the performance of public duty, malicious prosecution and prosecutorial misconduct, among others.

Suits not filed out of time

Judicial Commissioner Vazeer Alam also ruled that the two suits for malicious prosecution were not filed out of time as this cause of action accrued upon the determination of the final appeal. He said that the court could not consider the period to be when Ramli or Rosli  were acquitted, as there were subsequent appeals against the acquittals made after this.

“As with Ramli’s case, the appeals lodged by the public prosecutor were dismissed in June and in November 2011. Therefore the filing of the action on Nov 1 last year is well within the time stipulated in Section 2 of the Public Authority Protection Act,” the  ruled,

Vazeer Alam also allowed the two to name the MACC in their legal action, since the MACC took over from the Anti-Corruption Agency.

Ramli had sued the defendants for their claim that he was the policeman in the Copgate affair and that he had RM27 million in assets.

Subsequently, Ramli was charged with the non-disclosure of some of his assets and the case against him was thrown out. Ramli’s lawyer friend Rosli was also hauled up as a result of this.

Ramli, who was a former state Police Chief for Pahang and Sabah, said in his statement of claim that his relationship with Gani soured in 2006.

This was after he met then Prime Minister Abdullah Ahmad Badawi and recommended that former Malaysia Airlines chairperson Tajudin Ramli be prosecuted for the severe losses suffered by the company.

“But the A-G decided not to prosecute Tajudin. I even told the PM then that if the AG was reluctant to prosecute Tajudin, the CCID would have the necessary resources to conduct the prosecution.

“This earned me Gani’s permanent displeasure…” Ramli said in his statement of claim.

‘A brave decision’

After today’s court session, Ramli commended the judge for his brave decision. “I am not doing this for Ramli Yusuff but for the Police Force, some of whom have been victimised as a result of this. And I am also doing this for the serving government officers who have also been victimised.

“I am also seeking closure to an event that has affected my possible career advancement,” he said.

The RM27 million investigations had hindered his promotion to be the Inspector-General of Police, he added. This post was subsequently handed over to Musa Hassan.

Rosli, on commending today’s High Court decision, said abuses by the public authority have for too long been insulated by invoking the Public Authority Protection Act.

“Today, a brave judge has declared that absolute prosecutorial immunity is  anathema to the modern concept of democracy. This is to remind the public authorities that no one is above the law,” Rosli said.

Several Police Officers under Ramli’s charge have also been prosecuted as a result of the Copgate affair and all of them have acquitted and have been reinstated to their posts during former IGP Ismail Omar’s tenure.

Ramli was represented by Harvinderjit Singh, while Chethan Jethwani and Darvindeer Kaur appeared for Rosli. Senior lawyer Tan Sri Cecil Abraham, Rishwant Singh and Senior federal counsel Dato Amarjeet Singh represented the defendants.

Vazeer fixed June 18 for case management to possibly fix trial dates for the hearing.

Utusan’s claims of US role in MH370 disappearance aren’t the paper’s first wild charges


April 9, 2014

Utusan’s claims of US role in MH370 disappearance aren’t the paper’s first wild charges

Written by Our Correspondent, TUE,08 APRIL 2014

http://www.asiasentinel.com/politics/govt-backed-malaysian-newspaper-crosses-line-cia-charges/

utusan-online

Utusan Malaysia, the Kuala Lumpur-based Malay-language broadsheet newspaper that Sunday accused the CIA of having a hand in the disappearance of Malaysia Airlines Flight 370, has a long history of heated invective as the attack dog for its owner, the United Malays National Organization (UMNO), the country’s biggest political party.

NAJIB_RAZAK_091213_TMINAJJUA_05_540_360_100It is a publication that could be simply dismissed because of its often-irresponsible diatribes. But presumably it is the mouthpiece for Prime Minister Najib Tun Razak, the Party President. And from his standpoint, the story had to be an utter disaster.  US President Barack Obama is due to visit Malaysia sometime over the next few weeks, a visit that Najib, whose popularity is fading, needs to prop him up.

There has been no public reaction in the United States. However, certainly Washington would be less than amused by the story, which accused the US of engineering the plane’s disappearance in order to disturb the growing relationship between Malaysia and China.  One source close to the government last week told Asia Sentinel the US has been instrumental in helping Malaysia behind the scenes, providing technological and forensic help from the National Transportation Safety Board, the Federal Bureau of Investigation and other organizations in the search for the missing Boeing 777-200, which disappeared on March 8 into the Indian Ocean.

The paper targets a domestic audience and has traditionally felt it could indulge in any necessary rhetoric to help preserve loyalty to the party.  However, over the past three to four years, it has veered into strident invective. In 2011, the company drove senior journalist Hata Wahari, then the president of the National Union of Journalists, out of the paper after he complained about its agenda and urged it to go back to its traditional role of presenting unbiased news to the public. 

Now, it is reaping more unfavorable publicity and runs the danger of once again affecting international relations because of the perception that is has official standing.  But Najib, according to one senior source close to the party, has lost control of the Board of Directors and the editors and has been unable to rein them in despite the fact that his own press secretary sits on the board.

Earlier, the newspaper accused Indonesia of conspiring with the United States to hide the missing airliner after radar communication was lost over the gulf of Thailand.  The Indonesian online news portal Merdeka.com quoted the senior officer for foreign affairs at Indonesia’s Defense Ministry, Sumardi Brotodiningrat, as saying the allegation was “funny” and that his country was already doing its best to assist Kuala Lumpur in the search.

Najib already faces strained relations with the United States over the conviction on Anwar-Kajangappeal of Opposition Leader Anwar Ibrahim, a favorite of many US politicians and financier George Soros, among others, on what were obviously trumped up charges of sodomy. According to several sources including the purported victim’s father, the charges were cooked up in the prime minister’s office.  The country is also facing criticism over confiscation of Christian bibles that use the word “Allah” to denote God and other issues.

US officials have had a habit of publicly observing diplomatic niceties in dealing with Kuala Lumpur and it is uncertain what kind of conversation Obama is going to have with the Malaysian premier.  

Najib has repeatedly gone to the US – and the White House – and to the United Nations to characterize Malaysia as a moderate Muslim nation only to take no action against growing religious extremism on the part of Malay nationalists ‑ much to the distress of the country’s other races.

Utusan Malaysia has been at the forefront of racial attacks on ethnic Chinese and Indians. In 2012, a columnist called former Indonesian President B J Habibie a traitor and a “dog of imperialism” for meeting with Anwar. Indonesian President Susilo Bambang Yudhoyono said the comments were unethical and overstepped the bounds of decorum, adding that they had jeopardized relations between the two countries.

However, Utusan’s vitriol is usually reserved for members of the opposition and for Christians. In 2011, for instance, the newspaper printed allegations that Christian pastors were seeking to install a Christian prime minister who would change the country’s official religion from Islam.

The story was ridiculous on its face. Muslims make up at least 60 percent of the population. Some Chinese are Christians, others are Buddhists.  Islam is the country’s official religion, enshrined in the constitution although other religions are guaranteed freedom to exist. Any attempt to change the status of Islam would result in a racial conflagration.

In the current flap, according to a translation by the website Malaysian Insider, assistant editor Ku Seman Ku Hussein said it was time “to think outside the box” about the tragedy to Malaysia and world aviation, repeating baseless allegations that the US had also engineered the 9/11 attacks by Al Qaeda.

“If the CIA could arrange for the attack on the World Trade Center in New York on September 11, 2001, it is not improbable to link MH370 with the intelligence agency,” he wrote, referring to speculation on the involvement of American intelligence in the 9/11 attacks.

“What if the MH370 tragedy had been arranged by certain parties to put Malaysia’s relationship with China in jeopardy?” Ku Seman asked in an opinion piece in the paper’s weekend edition, Mingguan Malaysia.

“The September 11 conspiracy which had been previously treated as nonsense was now a fact, and Putrajaya must look at it from a different point of view.” Ku Seman wrote.

Attracting Malaysian Talent Home is tough for Johan Merican


April 9, 2014

Malaysia struggles to woo Malaysian experts home due to ‘better life’ abroad–A Tough Job for Johan Merican

 by MD Izwan (04-08-14) @www.themalaysianinsider.com

TalentCorp CEO Johan Mahmood Merican says the agency has several incentives to make it easier for overseas Malaysians to come home, including tax exemptions on their cars. – The Malaysian Insider pic by Najjua Zulkefli, April 8, 2014.

TalentCorp CEO Johan Mahmood Merican says the agency has several incentives to make it easier for overseas Malaysians to come home, including tax exemptions on their cars.–  pic by Najjua Zulkefli, April 8, 2014.

Higher salaries, better professional opportunities and a comfortable life – these are the main reasons Malaysian professionals living abroad are reluctant to return to Malaysia, TalentCorp said.

According to its statistics, TalentCorp managed to bring back 2,500 Malaysians working abroad, but the figure is small when compared with a 2011 World Bank estimate that almost a million Malaysians are working outside the country.

TalentCorp has received almost 4,000 applications in the three years since it was established in 2011 to address the brain drain in the country.

“It is a combination of several factors. First, the quality of life is related to salaries, second, professional opportunities and third, a comfortable life, ” TalentCorp Chief Executive Officer Johan Mahmood Merican told The Malaysian Insider recently. However, the gap in quality of life is not too big when Malaysia is compared with other countries, he said.

“For example, the salaries in London are definitely high but we must increase their awareness about the quality of life after living costs are taken into account. Sometimes, the gap is not that big,” he added.

In terms of professional opportunities, Johan said Malaysia was still capable of offering the best opportunities as the country’s economic position was still good.

“In many other developing countries in the world, their economies are relatively slow but Malaysia’s is steadily progressing,” he said.

“The third factor, there are a lot of reasons for that. It’s true that there are some Malaysians who are worried about education, crime and the political scenario in the country,” he added.

The country which has the highest number of Malaysians wanting to come home is Singapore, followed by the United Kingdom, China, Australia and the Middle East.

According to a World Bank report, Malaysia’s Gross Domestic Product (GDP) was US$303.53 billion (RM995.43 billion) in 2012. Malaysia’s GDP represents 0.49% of the world’s economy.

“When they have been out of the country for too long, it will be hard for them to come home. At least, we appreciate their efforts by giving them incentives.”

The administration of Prime Minister Datuk Seri Najib Razak has targetted Malaysia to become a high-income nation by 2020 through Vision 2020, which was introduced by former Prime Minister Tun Dr Mahathir Mohamad.

As part of efforts to achieve the goal, Najib also introduced fiscal steps to reduce the country’s deficit, but that have affected the inflation rate.

Up till 2013, TalentCorp was allocated RM65 million, but it has received criticism over the huge allocation as it did not reflect in the number of talents brought home.

“TalentCorp is not only about bringing workers from overseas, we also have other programmes such as graduate employability and helping foreign talents,” Johan said.

The area in which most talents have decided to come back to is the business service sector, followed by oil and gas, finance, electronics, information technology and health.

“We support the Economic Transformational Programme (ETP) and not just overseas programmes. We help drive the ETP,” he said, adding that TalentCorp was in line with the government’s goal of achieving a high-income nation by 2020.

Johan also said that TalentCorp does not take on the role of a “recruitment agency” for the talents brought home.

“We do not operate like a recruitment agency because we are a government agency. We do not look for jobs for them; it is up to them to find jobs.However, we realise that Malaysians who have worked overseas for too long will not necessarily be used to the local professional culture so we are prepared to help them to get in touch with recruitment agencies or executives,” he said.

Realising that the move to bring back talent is not easy, Johan said TalentCorp has prepared several incentives to make it easier for them to return to Malaysia.

“When they have been out of the country for too long, it will be hard for them to come home. At least, we appreciate their efforts by giving them incentives.”

Among the incentives are tax exemptions on cars the applicants would like to bring back to Malaysia under the Return Expertise Programme (REP).Johan said it was not fair for others to judge TalentCorp’s work just based on allocations to the agency, as there were other activities that they take on.

“You cannot take a whole amount of allocation and divide it by one activity… we have other different activities.Maybe our activities hardly get any coverage, but we are managing talents in a different aspect,” he said.

In 2011, a World Bank Report revealed that Malaysia was experiencing a huge brain drain to other countries, with almost a million of the country’s professional workforce reported to be working overseas.

According to the report, the migration is caused by the imbalances of the New Economic Policy (NEP), with Indians and Chinese making the highest numbers.

The World Bank warned that if the situation was not addressed as soon as possible, it would slow down the economy and halt the country’s development.

Following the report, Putrajaya set up TalentCorp and introduced programmes to lure Malaysian talents from overseas. – April 8, 2014.

MH370 exposes Hall of Shame


April 8, 2015

MH 370 Exposes Hall of Fame

By Mariam Mokhtar @http://www.malaysiakini.com

The grand self-proclamation of “Malaysia, the Best Democracy in the World”, with its fantastic education system which rivals the British, American and German systems is a myth designed for die-hard UMNO Baru supporters. This fairy-tale was shattered by the disappearance of MH370.

Prime Minister Najib Tun Razak’s “best democracy in the world” claim with Malaysia’s 2014 Press Freedom Index falling to the lowest point in nation’s history, even below that of Myanmar.

Prime Minister Najib Tun Razak’s “best democracy in the world” claim with Malaysia’s 2014 Press Freedom Index falling to the lowest point in nation’s history, even below that of Myanmar.

Prime Minister Najib Abdul Razak, like the prime ministers before him, has let down the nation, but the investigation into MH370 has trashed Malaysia’s reputation.

Prime Minister Najib Razak said Malaysia’s democracy is best in the world.

Prime Minister Najib Razak said Malaysia’s democracy is best in the world.

We need a cull of the political class to regain our credibility as a nation. We should start with the following initiates of the ‘Hall of Shame’. Politicians head the list, then civil servants. If the civil servants were to be replaced before the politicians, the new ones would be corrupted by their political masters, who dictate to them.

Malaysia has been on auto-pilot for several decades and the nation has been performing like a rudderless aeroplane. MH370 signals the beginning of the end of UMNO Baru.

The Malaysian Hall of Shame

Number One: Prime Minister Najib Abdul Razak. Two words describe the MH370 “investigations”: Mismanaged. Mishandled. (MM).

The Malaysian authorities have come under fire following conflicting accounts on the last known position of Malaysia Airlines flight MH370 before it went missing.

The Malaysian authorities have come under fire following conflicting accounts on the last known position of Malaysia Airlines flight MH370 before it went missing.

MH370 may have been an unprecedented incident but the crisis management team was shambolic, with several people issuing contradictory official statements. Our confidence and trust have been shaken to the core despite all the big talk and the hundreds of billions of ringgits spent on military hardware and sophisticated equipment. We may have the best machinery that money can buy, but are monkeys operating them?

In the first few days of MH370’s disappearance, Najib and his wife,Rosmah Mansor, the self-styled ‘First Lady of Malaysia’ (FLOM), sought to gain cheap publicity by “weeping with the families of the passengers and crew of MH370”.

Did Najib make a premature announcement that MH370 had crashed into the Southern Indian Ocean, based on one mathematical interpretation by one company? The local press are conditioned not to ask awkward questions but foreign journalists demand answers.

Number Two: Defence Minister Hishammuddin Hussein. Hishammuddin justified Malaysia’s mismanagement of the MH370 investigations by saying that history will judge Malaysia well.

Putrajaya refused today to brief Pakatan Rakyat (PR) MPs on the missing Malaysia Airlines plane, even after the opposition coalition submitted a formal request as required by a minister previously.

Putrajaya refused today to brief Pakatan Rakyat (PR) MPs on the missing Malaysia Airlines plane, even after the opposition coalition submitted a formal request as required by a minister previously.

People ask, “Who writes the history books if not the Malaysian cabinet and their proteges?” Hishammuddin told the families of passengers and crew of MH370 that miracles do happen. The act of giving false hope is as bad as trading on people’s grief.

Number Three: Home Minister Dr. Ahmad Zahid Hamidi. His response to the stolen passport fiasco at KLIA is symptomatic of a sick nation. He told Parliament, “Furthermore, Interpol’s information of lost (passports) may slow down the process of immigration checks at counters.” Zahid prefers speed to efficiency and safety/security concerns. Interpol has since given Zahid a dressing down and said the checks take 0.2 seconds per passport.

Malaysia is a hub for human trafficking and people have alleged that our Police andIimmigration officials are involved. Will Zahid clean up his department?

Number Four: Deputy Defence Minister Abdul Rahim Bakri. Abdul Rahim told Parliament that the RMAF “assumed” that Flight MH370 had been ordered to turn back by the civilian air traffic controllers.Following a public outcry, he backpedalled and said that HE had made this assumption. So did the RMAF make this assumption or was Abdul Rahim forced to retract his statement. His U-turn is typical of the tactics of the government of Malaysia.

Lack of communication

Number Five: The Department of Civil Aviation (DCA) Director-General Azharuddin Abdul Rahman. Azharuddin contradicted the statements of the Home Ministry and the Inspector-General of Police (IGP Khalid Ashburn). More worrying than this is the lack of communication between the military and civil aviation authorities.

From "alright good night" to "goodnight Malaysian three seven zero"  ??

From “alright good night” to “goodnight Malaysian three seven zero” ??

The MH370 investigation has lacked transparency and is mired in intrigue. This incident has reminded us of the question, by the Opposition MP Nurul Izzah Anwar in June 2012, about the roles of the DCA and the Transport Ministry in the award of the contract for the supply of the RM128.4 million air traffic control system to a Minister’s family through “closed tender”.

According to a company search produced by the lawmaker, AAT is half owned by Tirai Variasi, whose largest shareholder is Ikwan Hafiz Jamaluddin, the son of Datuk Seri Jamaluddin Jarjis, who is now Special Envoy to the United States with ministerial status.

According to a company search produced by the lawmaker, AAT is half owned by Tirai Variasi, whose largest shareholder is Ikwan Hafiz Jamaluddin, the son of Datuk Seri Jamaluddin Jarjis, who is now Special Envoy to the United States with ministerial status.

Three weeks ago, we were told that the final words from the cockpit were “All right, good night”. In the past few days, the DCA issued a correction and said the final words were “Good night. Malaysian Three-Seven-Zero”.

How can the public be expected to put their faith in the DCA or the investigative bodies with such a simple error as this? So what else is wrong?

Number Six: MAS CEO Ahmad Jauhari Yahya. When the reputations of the pilot and co-pilot on MH370 were being trashed, Ahmad Jauhari (right) failed to defend his men. Although he did speak on their behalf, he waited several days and the damage was already done. His failure to act immediately demoralised all of the MAS employees.

The sending of a text message to the families of the passengers and crew of MH370, ahead of Najib’s announcement that MH370 had gone down in the southern Indian Ocean, is symptomatic of the poor customer relations in MAS. Many people have previously stated that their complaints are rarely acknowledged or addressed.

Number Seven: Chief of the Armed Forces Zulkifeli Mohd Zin (He should be asked to retire gracefully). He despatched ships from Lumut on the night MH370 disappeared. He then claimed that a C-130 plane was sent to scout the area the following morning.

What made Zulkifeli confident that he was scouring a potential crash site, thousands of kilometres from where Najib had directed others in the search and rescue (SAR) operations? Is Zulkifeli hiding something from us?

It took four days to wake up and reveal this. Not surprising when the army is more concerned on indelible inks !!

It took four days to wake up and reveal this. Not surprising when the army is more concerned on indelible inks !!

Number Eight: Chief of the RMAF Rodzali Daud (He should be sacked). An unidentified plane was picked up by military radar around 200 nautical miles northwest of Penang in the Straits of Malacca, at about the time MH370 went missing. The military failed to act on this information, wasting both time and opportunity.

Number Nine: IGP Khalid Abu Bakar aka Khalid Ashburn. When asked about the contradictory descriptions of the men using stolen passports, a dismissive Khalid said, “Why ask me? Ask Immigration, or ask Interpol.”

The Defence Minister asked everyone to avoid speculation, but Khalid said that his policemen were analysing all the speculation on the Internet to help in the MH370 investigations. The IGP should focus on facts, rather than investigating speculation and rumour. He should chase criminals, rather than hound opposition politicians and NGOs.

Number Ten: Witch-doctor Ibrahim Mat Zain, or Raja Bomoh. This shaman heaped ridicule on the country when, at the entrance to KLIA, he used his bamboo binoculars and two coconuts to divine that MH370 had been hijacked by elves and the plane was either suspended in mid-air or had crashed into the sea. He should be jailed if he refuses to say who sent him to KLIA, to mock the suffering of the passengers and crew of MH370.

Bonus: It is reported that Najib’s favourite number is 11. When former PM Mahathir Mohamad resigned, he continued to make his presence felt by refusing to hand over the controls of the airship Malaysia, which he was flying to mediocrity. Mahathir completes the list by being the eleventh member of Malaysia’s Hall of Shame.

mariam-mokhtar

MARIAM MOKHTAR, is a defender of the truth, the admiral-general of the Green Bean Army and president of the Perak Liberation Organisation (PLO).