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.

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

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.

Memali: Not late for truth and justice


April 6.2014

Memali: Not late for truth and justice

dr-kua-kia-soongBy Kua Kia Soong@www.freemalaysiatoday.com

Early on November 19, 1985, the Malaysian Police under the direction of the Home Minister laid siege on a house in the Kedah village of Memali in which PAS leader Ibrahim Libya and his comrades were staying in a bid to resist arrest under the Internal Security Act.

There were no lengthy negotiations with the besieged and by noon 14 men, including Ibrahim Libya, lay dead. Four police personnel also died, apparently as a result of friendly fire and several of the survivors were arrested under the ISA.

Certainly this 1985 massacre at Memali shares the same moral shame as the 1948 Batang Kali massacre, when 24 innocent villagers were mowed down by British troops at Batang Kali.

Instead of a remorseful apology to Ibrahim Libya and the other deceased, the Barisan Nasional government has used the Memali massacre as a spectre to warn the electorate against involvement in extremist or “deviant” Muslim sects.In the same way, the May 13 pogrom is continually resurrected as a warning and threat to the Chinese electorate should they choose to vote for the Opposition.

Musa, Dr M, IGP collectively responsible

Musa HitamThe Home Minister at the time, Tun Musa Hitam has recently tried to shift the responsibility for the massacre to the then Prime Minister Dr Mahathir Mohamad.

In fact, what Musa asserts had been disclosed three years ago, by the then OCPD of Baling, YM Tunku Muszaffar Shah, in his book entitled ‘Memali: A Policeman Remembers’.

The ex-OCPD said that the poor decision-making at the time was the result of political interference and an underestimation of the tenacity of Ibrahim’s followers.

The fact that Mahathir was still in Malaysia when the Memali massacre took place TDMhad also surfaced during the launch of the book. But whether Mahathir was still in Malaysia at the time or already on a visit to China is immaterial – collective responsibility binds those in the relevant positions of power together.

Thus the Home Minister has to take full responsibility for such an executive action as well as Amin Osman, the then Acting Inspector General of Police at the time, for his role in executing the bloody plan.

As with Operation Lalang, May 13 and other historical tragedies in our country, the Government White Paper on Memali attempts to whitewash over the government’s responsibility for the crisis.

Next, the official propagandists dutifully echo the whitewashed rendition of these events, which then becomes immortalised in school textbooks and in officially sponsored films such as Tanda Putera.

In the case of the Memali massacre, The Star’s recent ‘fact box’ cited Ibrahim Libya and his followers among the list of “major violent cases involving deviant groups in the country.”

Defiance against detention without trial

The Memali massacre must also stand out as one of the bloodiest episode of defiance against detention without trial.

After my arrest under the ISA in the early hours of October 28, 1987, I have often pondered what would have happened if I had resisted the Special Branch that morning and decided to barricade myself in my house with a bunch of my supporters.

Would a similar massacre have taken place?In hindsight, I had no intention of providing the Malaysian Police with an excuse to take such drastic action!

Nonetheless, the indignation I felt as an innocent political activist against detention without trial is real and I can understand the emotions of the villagers in Memali when confronted with such a huge Police mobilisation to arrest and detain their leader Ibrahim Libya.

According to Federal territory PAS Youth Chief, Khairil Nizam Khirudin, the Alor Setar High Court had decided that the government should pay compensation to the families of those who were killed.The widows received a small compensation, which suggests culpability on the part of the government, in wrongfully attacking the victims.

And if the victims were “deviants”, why did the National Fatwa council not issue a fatwa against Ibrahim?

According to the White Paper tabled in Parliament in February 1986, the government justified attempts to arrest Ibrahim under the ISA by accusing him of establishing the “Islamic Revolutionary Movement” which aimed to topple the federal government by force.

Ibrahim was reported to have amassed an arsenal of dangerous weapons. That alleged stockpile remains hidden, to this day and it is the responsibility for a commission of inquiry to uncover the truth of this allegation.

Never too late for truth and justice

The 1985 Memali massacre is in our relatively recent past. The Dutch government has only just agreed to pay families from Indonesia reparations for a colonial-era massacre that occurred around the same time as Batang Kali, in 1947.

Talking of Indonesia, their government has still not accounted for the massacre of close to a million people in 1965.

A group of Kenyan survivors, mostly now in their 80s, won the right in 2011 to sue the British government for damages over claims of torture during the 1950s Mau Mau uprising.

A judicial review of the government’s repeated refusal to hold a public inquiry into the alleged massacre at Batang Kali was heard in 2012.

The Malaysian state must take responsibility for the Memali massacre. It has a moral responsibility to apologise to Ibrahim and the other deceased for the tragedy and to compensate the families adequately for the senseless loss of their loved ones.

For the sake of the families of the victims and our collective conscience, we also need to get to the bottom of what happened at Batang Kali in 1948, Kuala Lumpur in May 1969, Memali in 1985, Kampung Medan in 2001.Extrajudicial killings still go on with impunity today.

Pressing need for IPCMC

The report by the police on the events leading to the killing of Ibrahim reads like any of the reports of deaths through police shootings that you can read in Suaram’s annual Human Rights Reports:

“Attempts by a large Police delegation to arrest Ibrahim at his home in November 1985 saw supporters attacking the police with firearms and sharp weapons, before the charismatic preacher was killed…”

If we had had an Independent Police Complaints and Misconduct Commission (IPCMC) in 1985, the standard operating procedure would have been for the IPCMC to step in to investigate how the casualties were inflicted and if the police could have avoided the killings.

Unfortunately, we can only surmise and conjecture about why the police did not do more to prevent the bloodshed, since they had the house surrounded with hundreds of police personnel.

At a time when our government is at pains to tell the world in regular press conferences that they are being open and transparent, it is fitting and long overdue to open a commission of inquiry on the Memali tragedy and to institute the long overdue IPCMC.

Kua Kia Soong is advisor to human rights watchdog Suaram.

Tengku Razaleigh’s Speech at the launching of “Rich Malaysia, Poor Malaysians”


April 4, 2014

Tengku Razaleigh’s Speech at Sultan Sulaiman Club, Kg Baru, Kuala Lumpur, 8 pm on April 3, 2014 on the occasion of the launching of “RICH MALAYSIA, POOR MALAYSIANS”, authored by Anas Alam Faizli

Ku LiYBM Tengku Razaleigh Hamzah

I am honoured at having been invited by Anas Alam Faizli to launch his book, “Rich Malaysia, Poor Malaysians”, a collection of essays reflecting his thoughts on energy, the economy and education of our beloved country. I applaud Anas for his intellectual discipline to pursue writing which demands mental toughness, quiet tenacity and absolute patience. Indeed, he deserves our admiration.

He deserves our respect given that Malaysians are notoriously apathetic to reading, let alone writing. I respectfully submit that we do not write enough, both fiction and otherwise in comparison to, say, our sprawling archipelagic neighbour to the south. It is in this context that our author deserves our commendation – my commendation in particular – for a task well done, even though the themes are serious and difficult. Well done, Anas.

Book Launch on April 3, 2014Having skimmed through the book, I must admit that I have more than just a passing interest in it; and at least for two reasons. I am always interested in writings on the subject of energy, be they articles for lay reading or academic treatises. I feel especially close when oil and petroleum are discussed. This is because of my task previously to see through the legislation of the Petroleum Development Act, 1974; the negotiation of the production sharing contracts with oil majors whose roles were redefined as contractors to the national oil company in the post-PDA era; and, establishing and developing PETRONAS into a professionally reputable and internationally respectable national oil company.

Secondly, having been schooled in economics, I follow its development keenly, both at the national and international levels. This is strengthened further by my having once been the Minister of Finance charged with the financial and economic management of the country. And of course, given the collective responsibility of the Cabinet, national policies on such subjects as education interest me greatly.

Let us reflect, for a moment, upon the situation regarding the supply and consumption of petroleum in the country and the downstream role of PETRONAS in the retailing of this essential and strategic product. Given our continuous inability to guide the country out of the middle income trap into the high income bracket, we have been using, for long spells, petroleum subsidisation to solve the problem of its affordability by ordinary people in the lower strata of the economic chain. While the subsidising of consumer goods is not the most efficient of ways in managing the high cost of living, it is fairly understandable if the government extends a helping hand to the small man in that manner.

What is sinful and cannot be forgiven is the ease with which the power that be had been dishing out subsidies to such entities as the national power supplier, the independent power producers and some other non-power outfits. As has been pointed out by Anas, since 1997 this subsidy has amounted to RM136.5 billion. The sad part is that while these power producers continue to enjoy subsidised fuel price, petroleum subsidy to the consumers – which purportedly cost the government RM14 billion in 2011 – was partly discontinued recently.

It is glaringly obvious that the government has been treating PETRONAS as a cash cow. Anas continues to point out that over 37 years from 1974 – 2011, the government had been paid some RM529 billion in dividends, taxes, petroleum proceeds and export duties from the national oil company. The reliance on PETRONAS to help outfits with strong linkages to the government out of financial trouble has been going on from as far back as 1985. In that year it rescued Bank Bumiputera with a RM2.5 billion bailout and again in 1991 when it coughed up another RM1 billion. In 1997, Petronas had to rescue the financially ailing Konsortium Perkapalan Berhad for RM2 billion.

The national oil company was also made to underwrite the construction of the Twin Towers in the heart of the KL golden triangle for RM6 billion and the building of the extravagant Putrajaya for RM22 billion. In all, more than a half trillion ringgit have been spent. This amount could have been used more productively to fund a national pension programme for Malaysians as has been done by a certain Scandinavian country.

This extravagance that had been forced on to PETRONAS has also deprived the company from the much needed cash build-up for reinvestment which would ensure its business sustainability. Given the finite nature of hydrocarbon as a resource, it is important for PETRONAS to look further afield at investments in businesses outside of oil and gas.

Looked at from this perspective, it is all the more critical for the corporation to have a strong cash reserve for reinvestment purposes. It was this need for prudence that had led Tun Razak, the Prime Minister of the day, to impress upon me the need to ensure that Petronas would enjoy parity with such multinational companies as the once much touted seven sisters, two of which ultimately became its contractors.

Today PETRONAS is at par with the oil majors and it is ranked as one of Fortune 500’s largest and most profitable oil and gas companies. But sadly, it is being abused and treated as the piggy bank whenever the government needs cash in a hurry.

Ladies and gentlemen, why is this so? Why is there a discrepancy between what was visualised by the founding fathers of PETRONAS and what it has turned out to be 40 years on; that is, as a banker of sorts to the government.

The truth is that there had been consistent political interference and this had affected PETRONAS, even though it is a professionally well run corporation. There is a blurring of lines demarcating the party in power and government, and by extension, the party supremo and the head of government. Cynics would contend that it was done on purpose to facilitate the development of politics of patronage. This, in turn, led to the growth of crony capitalism.

This inter-ethnic dichotomy is no more than a duplication of effort which result in the inefficient application of resources. It is worsened by the economic disparity that continues to be persistently reflected along racial line, notwithstanding the efforts made to blur and wipe it out. As explained by Anas, the bottom 40% of Malaysia in economic terms is still made up of Bumiputera households.

Transpose this against the notion that about 90% of their incomes are made up of wages and salaries which are hardly commensurate with the relatively more rapid increases in living costs, this problem takes on a much darker hue. As an illustration of how low Malaysian income generally is, it is worthwhile noting that the EPF had been known to report that about 79% of its contributors earn RM3,000 or less a month.

This reality becomes more significant when we realise that disposable income contributes much to purchasing power, especially among the relatively poor as opposed to the wealthy where purchasing power is additionally sourced from assets other than salaries and wages. A report on the national human development goes further to say that the “Chinese has a higher purchasing power compared to other ethnic groups…” More problematic and easily a potential source of politico-economic problem is the assertion by the report that there is “homogeneity in the purchasing power gap.” It asserts that the super-rich, regardless of ethnicity, has about 18 to 20 times more purchasing power.

Purchasing power has a graver ramification from the standpoint of economic wellbeing. This has to do with the reality that a person who enjoys a high income is not necessarily guaranteed a better quality of life. Neither does the effort to improve the quality of life through high income mean much if the cost of living rises rampantly. Again, an observation by Anas is very illuminating here. He contends that a graduate who entered the job market for the first time, say, in 1978 on a monthly salary of RM1,000 could afford a lower-end car of RM12,400 or 12 months’ salary and take out a mortgage, perhaps, on a RM62,000 house in a fairly upscale Kuala Lumpur suburb.

Today, a fresh entrant into the labour market on a monthly salary of RM2,500, which is two and half times higher than his earlier counterpart, would find a roughly similar car costing him RM178,000, roughly 71 months of his salary. A house outside the Greater Kelang Valley area, in Nilai for example, would set him back by RM350,000. This situation could get worse in all probability.

Ladies and gentlemen, the challenge before us is to mitigate the socio-political issues and problems to a minimum. This will ensure that they do not become a part of our political culture and, by extension, our way of life. We must have the will to stop patronage and cronyism. In this way rent-seekers would be cut off. But herein lies the problem.

Political leaders are loath to upsetting the apple cart and disturb their cosy symbiosis with rent-seeking cronies. More often than not, these are the people whom they rely upon for political funds in their effort to continue to latch on to power.

What then could be done given this near-checkmate type of a situation? I say pressure must be brought to bear and it must be made known that we will not tolerate any more politics that is less than ethical. We must clearly and loudly make it known that politics must be practised with a high level of integrity. No, politics is not dirty but its practitioners, more often than not, are. In the longer run and in order to ensure that ethical politics of impeccable integrity is practised, we must overhaul our education system.

We need to shift our education paradigm from a system that emphasises regurgitating what is learnt by rote to amass distinctions to one that puts a premium on logical and critical thinking in which source as well as general reading is a major activity in providing the primary material. We must revisit our educational philosophy in order that we may give equal importance to classroom and off-classroom activities in educating the young Malaysian into a potential leader material for the public or private domains. Of course, this is a huge and important subject that needs proper addressing at, perhaps, another forum.

Ladies and gentlemen, in the last several minutes I have shared with you my thoughts on the subjects addressed by Anas in his book. I hope it has generated enough interest to trigger off your critical thoughts on the subjects or other related subjects. In the process it is hoped that some of you will go a step further to put pen to paper as Anas had done. On that note, I take this opportunity to congratulate the author for making the book available to the public which I have much pleasure in introducing. Thank you and I wish you a pleasant day ahead.

*This speech was delivered by former Finance Minister Tengku Razaleigh Hamzah at the launch of the book “Rich Malaysia, Poor Malaysians” by Anas Alam Faizli.

Anas Alam Faizli speaks in Bahasa Malaysia on his book, “Rich Malaysia, Poor Malaysians at Kelab Sultan Sulaiman, Kg. Baru. Kuala Lumpur, Malaysia on April 3, 2014 (below):

Book, Rich Malaysia, Poor Malaysians

Yang dihormati dif-dif jemputan yang terhormat,

YBM Tengku Razaleigh

Dr Syed Husin Ali, YB Saari Sungib, Tan Sri Kamal Salih, TokSu Norizam,

Pak Chong, Siraj, Azlan, Dato Din Merican, Sharaad,…

Para hadirin-hadirat yang dihormati sekalian,

Assalamualaikum warahmatullahi wabarakatuh dan salam sejahtera,

 Saya ingin merakamkan setinggi-tinggi penghargaan kepada YBM Tengku Razaleigh yang sudi merasmikan buku Rich Malaysia, Poor Malaysians dan Malaysia Kaya, Rakyat Miskin. Kredibiliti Tengku tidak dapat dipersoalkan – pengalaman Tengku sebagai Founding Chairman dan CEO Petronas yang juga pernah memegang tampuk kementerian kewangan dan perdagangan antarabangsa serta mantan pengerusi Bank Bumiputra.

Dalam pendidikan pula, Tengku pernah mengatakan pada bulan Julai yang lalu bahawa “Sistem pendidikan negara kita gagal dan kita tidak boleh mempertahankannya lagi. Tambah beliau, satu tindakan yang ikhlas, berani dan radikal diperlukan bagi mempercepatkan proses pembaharuan dalam pelajaran dan pembelajaran.”

Buku kerdil ini juga telah diangkat nilainya ke tahap yang lebih tinggi kerana sumbangan dua orang pemimpin yang saya sangat kagumi dan hormati- pemimpin yang mewakili gen-Y dan juga generasi veteran. Terima kasih yang tidak terhingga diucapkan kepada YB Nurul Izzah dan Senator Dr Syed Husin Ali yang telah mencurahkan pemikiran mereka seterusnya menyuntik kehebatan permulaan kepada buku kerdil ini. Terima kasih juga buat barisan panelis yang sangat tersohor, En Mohamed Siraj, En Azlan Awang, Dato’ Din Merican dan juga moderator Mr Sharaad Kuttan.

Anas Alam FaizliBuku ini merupakan himpunan esei yang telah ditulis dalam tempoh setahun. Manuskrip versi Inggeris dan Bahasa telah siap serentak tetapi versi Inggeris diterbitkan dahulu untuk menilai sambutannya. Walaupun ia merupakan himpunan esei tetapi Alhamdulillah berjaya disusun dalam satu bentuk kronologi yang mempunyai kekuataan tersendiri. Sebuah himpunan esei yang berbicara tentang isu-isu nasional dan global seperti isu tenaga, ekonomi, pendidikan dan kesukarelawan, yang saya harap mampu mencetuskan wadah bicara kritis dan berguna untuk semua.

 Penulisan dimulakan dengan berkongsi amanat almarhum Atok saya, Mohd Zain bin Abu dengan tiga prinsipnya iaitu:

1-  Pendidikan ialah perkara paling penting dan akan sentiasa menjadi keutamaan

2- Elakkanlah seberapa banyak permusuhan dengan orang lain

3-  Dan jadilah orang yang memberikan banyak manfaat kepada orang lain

Buku ini antara lainnya satu usaha untuk memenuhi wasiat Atok, dengan kerendahan diri, satu percubaan kecil untuk menjadi seorang yang bermanfaat.

Idea utama buku ini ialah satu penerimaan bahawa , Malaysia ialah sebuah negara kaya dengan hasil mahsul bumi.  Beratus tahun di jajah dan hasil kekayaan di larikan penjajah,  kita kembali memegang daulat sebuah tanah yang kaya dan mewah. Maka kerana itu,  sebaik sahaja merdeka, tanah ini tidak pernah  putus memberi sumbangannya baik daripada bijih timah, getah, kelapa sawit, bijih besi, bauksit, kayu balak dan terkini minyak dan gas yang menyumbang 40% hasil pendapatan negara.  Semua ini ialah sumber tidak ternilai yang perlu dihargai dan digunakan sebaik mungkin.  Oleh itu,  adalah sangat penting masyarakat umum memahami sebanyak mungkin mengenai industri yang menjadi “cash cow” negara ini.

Bahagian sumber petroleum Malaysia ini dimulakan dengan persoalan adakah kisah Petronas ialah kisah si tanggang? Beberapa soalan penting seperti – bilakah minyak akan habis? Dimanakah industri perkhidmatan tempatan dan isu-isu yang lain telah dikupas malah diakhirnya turut diberikan beberapa cadangan penyelesaian. Kemudiannya, satu penerangan mengenai sejarah Petronas, bagaimanakah ia beroperasi dan sistem fiskal Malaysia diperjelaskan. Konsesi vs PSC. Persengketaan Royalti Minyak juga telah disampaikan secara terperinci daripada perspektif semua negeri yang terlibat. Bahagian ini ditutup dengan cadangan pemberian ekuiti Petronas kepada negeri pengeluar minyak berbanding penambahan Royalti.

Bahagian Sosio-Ekonomi pula dimulakan dengan merungkai 8 realiti Malaysia dan mengapa pendidikan tinggi wajar dibiayai oleh kerajaan. Saya ambil jalan berbeza dan tidak membandingkan dengan negara lain tetapi melihat perspektif kaca mata Malaysia itu sendiri dan menyimpulkan mengapa kita perlukan pendidikan tinggi. Slogan saya dalam buku ini, 1 Keluarga 1 Graduan.

Esei berikutnya menghuraikan dengan panjang lebar apa yang dimaksudkan dengan Negara Berpendapatan Tinggi, Rakyat Berpendapatan Rendah. Malaysia Kaya, Rakyat Miskin.

Ilustrasi disampaikan dengan fakta dan diterangkan secara halus. Kemudiannya saya membuka kisah Mitos Si Kaya dan Si Miskin diikuti dengan penerangan bagaimana sebuah Negara Berkebajikan akan meluncurkan Malaysia kearah masa depan yang jauh lebih baik.

Menuju kearah demokrasi yang lebih kukuh dengan dua parti dominan negara, saya juga menulis bagaimana kaedahnya untuk memahami dan membuat analisis kritikal ke atas manifesto yang dijanjikan oleh parti-parti bertanding.

Bahagian ini ditutup dengan penjelasan panjang mengenai perjanjian TPPA yang sedang dirunding oleh Malaysia.

Seterusnya,  saya mengupas isu pendidikan dengan analisis pencapaian ranking antarabangsa Malaysia. Saya kemudiannya menyeru membina budaya membaca buat menuju mentaliti negara dunia pertama. 1996 – 2 muka surat, terkini 2 buku berbanding Jepun Perancis 10, AS dan Kanada 17 buku. Kemudiannya saya menyeru kepada penyemaian budaya berfikir dengan beberapa cadangan. Saya juga mempersoalkan jika sekolah moden itu satu pengkhianat kepada pendidikan. Bahagian ini ditutup dengan cadangan mendefinisikan semula falsafah pendidikan negara dengan cadangan Cinta sebagai Pedagogi dan FPN yang baru.

Saya percaya pendidikan boleh dijadikan penyelesaian kepada semua masalah yang dihadapi negara.

Bahagian terakhir menyentuh mengenai kesukarelawanan dan satu penulisan panjang yang menghuraikan mengenai bagaimana kesukarelawanan boleh berjaya dan menyumbang kearah pendidikan yang lebih baik. Saya juga nukilkan konsep kuasa ketiga dan bagaimana kesukarelawanan boleh menjadi agen menyubur demokrasi dengan memberi ruang suara kepada semua pihak.

 Buku ditutup dengan epilog bahawa gerakan massa Reformasi adalah milik semua  dan rakyat perlukan satu Rejuvenasi.  Seperti yang saya sering utarakan, penulisan ini adalah milik umum, dan saya seru warga umum untuk mengulas, mencabar dan memperkembangkan idea-idea di dalam buku ini. Usul-usul kritis yang padat di dalam buku ini saya mohon diperhaluskan dan semoga dapat dimanfaatkan oleh semua.

Akhir kata, Baca, Faham, Fikir dan Bertindak. Berjuanglah!

Terima Kasih.

 

Dr. John remembers Irene Fernandez


April  4, 2014

Dr. John remembers Irene Fernandez

by K J John@www.malaysiakini.com–04-04-14

Irene Fernandez is a personal friend of our family. We grew up in the same neighbourhood in the early 60s. Therefore, my feelings about her passing are mixed at best. Of course, since we are Christians, death is something we can look forward to, because of our personal and relational faith we have with Jesus Christ. He is the Judge at the Second Coming.

We believe he destroyed the dividing wall of hostility between Man and God by his death and resurrection. What a reminder about why we must take this season of Lent more seriously, as we reflect on both; his realities in history of time to define Good Friday and Easter. Good Friday was the good work of Jesus on the cross to redefine our eternity, and Easter is our similar hope through his resurrection; because he still lives.

Nonetheless without getting into the theology of ‘what quality of personal and relational faith defines our eternal life in Heaven’, I will believe that I will see the late Dr Irene Fernandez in Heaven. I will look forward to that day.

Even so, allow me to reflect on this question; did Irene deserve better from all of us? What do I mean?Irene was a great lady who lived out her dignity and destiny of her calling through her life. She lived and died for her beliefs. That is now her legacy for those of us who know her and have been influenced by her ‘good works’.

She was more than her value of saltiness and the light she shone into the systemic level of bribery and corruption at all levels of society. I will miss Irene. Farewell my good friend until we meet again on yonder shore.

The abuse of Irene’s dignity

Almost in identical style and execution but learning from their mistakes of the past, especially with the Lim Guan Eng incident, the Attorney-General’s Chambers selectively prosecuted and persecuted Irene for telling the truth about bribery and corruption related to especially naming Bangledeshi workers and documenting of their case stories. She was charged in court with “lying about truths”, sentenced to jail, and finally released by the appeal court. What misjustice!

Muslim theology also states that all humans have a God-ordained dignity which must therefore be honoured and respected by all in positions of authority. These authorities do not deny God or ignoring the person they call ‘Allah.’Now, we even see Muslim judges practice ‘rule by law and not really rule of law,’ because they do not understand Muslim theology well. They think God has ordained them to behave like God and decide some other’s destiny and deny their dignity.

My doctoral thesis was on this subject of dignity in the workplace. Dignity so defined is a God-quality of honour and respect for human beings, as the highest of all created beings, including angels. All other humans must grant such mutual respect and regard for the other; without fear or favour. But, systems always fail to do this well, especially because the ‘powerful’ always assume they are already on God’s side and no one can question their ‘abuse of authority.’ How untrue!

Even Muslim theology has a similar concept of trusteeship or stewardship. Therefore, all authorities, by name, must be both accountable and responsible to Almighty God on Judgment Day, for things done or left undone.

Therefore, I feel guilty, because I worked for this ‘authoritarian government’ which caused great and severe abuse to Irene Fernandez by wrongly ‘prosecuting, but which resulted in severe persecution’, with even her passport and travel rights being denied. Then finally, she was released by the Court of Appeal.

Did not Irene deserve better from all of us, especially when this so-called legitimate government abused her dignity and denied a proper destiny. For that the global community gave her the ‘Right to Livelihood Award’; often called the alternative Nobel Prize.

Irene’s lifeline

Born in 1946, we became neighbours sometime in 1961, when our family moved to the first-ever housing development in Jalan Kolam Ayer in Sungai Petani. We had some glorious times of friendship and family fellowship as they were also Malayali Christians, like us. Then I left to go to school in the RMC in 1965.

I reconnected with Irene when her case hit the newspapers. I was then writing a column in the NST. I wrote and supported Irene’s findings and they published my views, without edit. Then when we started Oriental Hearts and Mind Study Institute’s (OHMSI) National Congress on Integrity in 2005, Irene was one of the keynote speakers, apart from Bishop Paul Tan and Clifford Herbert, former secretarygeneral of the Finance Ministry.

We were a multi-ethnic and multi-faith community as we sought to define the word ‘integrity.’ One of the best definitions on this concept of ‘integrity’ which was publicised by the mainstream newspaper was by the chief secretary to the government, Sidek Hassan (right). He popularised the definition that “integrity is what you do when no one else is watching”.

Of course, whether Sidek or us, we know that “when no one else is watching” is not such; as God is always watching. Therefore what Sidek means by that ‘definition’ is integrity makes requisite for us to do what is right, good, and true when no one else human is watching. But, we are reminded by scriptures that God is always watching and keep a record of the same; which becomes our basis for judgment at Jesus’s Second Coming.

Did not Irene do what is good, true, and right by defending the dignity of Bangladeshi workers? Why then did we prosecute and persecute her? Who are really the guilty ones? Do you really think God was not watching when we do the same? Did not Irene Fernandez deserve better, as she lived her life of dignity, integrity, and destiny?

Is not wrongful prosecution equal to persecution?

Can the citizens of Malaysia not take the attorney-general (AG) to court over wrongful prosecution of so many public cases? Every time a senior public servant is charged with corruption and then finally discharged by the higher courts for the lack of conclusive evidence, I feel the same way about each and every one of them; their dignity and destiny which God intended for them is denied by my mortals.

We are not gods; in fact let me quote the father who said, “the police are not god”. They cannot cause death and not be held responsible and fully accountable. Let me modify the same argument; the AG is not god and the cabinet must hold him responsible for the Irene case and make good their ‘uninformed incompetence in prosecuting and persecuting her’.

Irene deserved very much more from all of us. The reason evil governance begins because good and ordinary people choose to close on eye and think they cannot make a difference. Irene showed us otherwise she could. Let us follow her legacy and not follow the crooks. May God bless our soul and spirit.

Judges dancing to tune of UMNO


April 3, 2014

Judges dancing to tune of UMNO

It has to take one stupid, perverse and farcical court to agree with another stupid, perverse and farcical court.

 
COMMENT@www.freemalaysiatoday.com

Anwar-Ibrahim-2011-mantan-PMBy Anwar Ibrahim

Talking about political winds, it appears that lately, the Malaysian judiciary, particularly the judges of the superior courts, are caught in the whirlwind and are frantically racing against each other to please the powers that be of the day.

In the frenzy to curry favours from their political overlords, these minions have stopped at nothing to ensure that they will be the first to reach the finish line.

Pots of gold await the backscratchers and lackeys. And where financial gratification may appear a tad blatant, there’s always elevation to the higher rungs of office to whet the appetite.

Unlike parliamentarians, judges will never be content to be backbenchers. The preferred place is the front and the top where they can tower over ordinary mortals, even if they be law-makers or members of the Bar.

They fear no one except their political masters because they know on which side their bread is buttered. And they shall not bite the hand that feeds.

Throwing judicial decorum to the wind, they bare their fangs and sharpen their claws in order to cow supplicants in their courts into submission, and in the process, their demeanour and conduct leaves no one in doubt about their bias.

And though they know that an adversarial system dictates that judges must not just act impartially but must be seen to be so, they bend backwards to don the hats of prosecutor and executioner as well.

When this happens, as indeed it is happening now with unprecedented frequency, we know justice has gone to the dogs. It is happening because Prime Minister Najib Tun Razak, in flagrant abuse of power, has launched a new campaign of political persecution.

“Even if we can’t defeat them at the polls, all is not lost (remember Altantuya?). We still have our judges to do our bidding. See how they fall over each other at the snap of our fingers!”

This is the alarming trend in our judiciary where judges work hand in glove with the Attorney-General’s Chambers to deny leaders of the federal opposition, duly elected representatives of the people in parliament, their right to justice.

In taking this unconstitutional and nefarious line, they have turned the doctrine of the separation of powers on its head.Hence, apart from me, MPs Karpal Singh, Azmin Ali, Antony Loke, Rafizi Ramli, Tian Chua, Syed Azman and Shamsul Iskandar just to name a few, are marked for the judicial abattoir by the executioners.

It may be sodomy, it may be sedition, or it may be illegal assembly, or whatever. These bootlickers know less of law and the principles of justice than lording over the courts parading proudly as peacocks (and peahens) their colourful judicial plumage overflowing with the arrogance of power.

Life after retirement

As for those judges who used to sit on the throne, there is still life after retirement. The involvement of former Chief Justice Tun Abdul Hamid Mohamad in the National Unity Front, closely linked to Perkasa, Malaysia’s icon of racism, while not shocking remains scandalous.

It makes a mockery of the institution of the judiciary which he once headed and contradicts the principles of equality, equity and justice that the judiciary is supposed to stand for.

Is it conceivable for a former chief judge to head an organisation that is adamantly opposed to the National Unity Consultative Council, and to be notoriously engaged in race-baiting and the trumpeting of the superiority of one race over other races in our multi-racial and multi-religious country?

It would appear that it is not only conceivable but that it is lauded with much fanfare by UMNO going by the prominent coverage given to it by the UMNO-controlled media.

Incidentally, this is the same judge who, in his Federal Court judgment, had written that “the court’s decision must only be based on the evidence adduced and nothing else and (hence) it had to acquit because of lack of evidence,” but qualified it with the illogical and manifestly asinine statement that “we find evidence to confirm that the appellants were involved in homosexual activities”.

In other words, “we find him NOT guilty but at the same time guilty”. Anything more stupid, perverse and farcical than that cannot be found in our judicial annals (no pun intended) except for the judgments and pronouncements of Augustine Paul and Ariffin Jaka in respect of Sodomy 1 and the current decisions in respect of the application for expunging and the Sodomy 2 appeal.

As they say, it has to take one stupid, perverse and farcical court to agree with another stupid, perverse and farcical court.

UMNO must fight its own political battles and not be such a coward to use the judiciary to help them fight the opposition. How long more are our judges going to dance to tune of UMNO?

When will they stop becoming stooges and lap dogs of UMNO leaders? How long more must the rakyat endure this sham? Who are the puppeteers in this shadow play?

Are these judges not aware that UMNO will not be there forever to cover their tracks, or their backs, or that not only will history judge them, but that the rakyat are not going to sit idly by – forever – while they continue to pervert the course of justice?

Parliament, as the vox populi, must make its voice heard before we reach the tipping point and the situation gets out of our hands.

There is a tide in our affairs which, unless we seize it, will see our voyage for democracy and rule of law in shallows and in miseries.This is the rising tide of judicial impropriety, arrogance of power and transgression. As one of the three branches of government, parliament must reassert the sanctity of the separation of powers principle.

It is therefore morally incumbent and constitutionally expedient that parliament acts accordingly to break up the illegal and unconstitutional collusion between the Executive and the Judiciary.

Anwar Ibrahim is the federal Opposition Leader.

Irene In Memorium


April 2, 2014

Irene Fernandez: Champion of the Helpless and the Explioted

by Steve Oh (April 1, 2014)@http://www.malaysiakini.com

OBITUARY: A beacon of hope is extinguished and Malaysia is a darker place for its irreplaceable loss. News of the passing of Tenanganita Co-founder and Director Irene Fernandez was not what I had expected to read in Malaysiakini yesterday.

Irene F

I am saddened by the death of a remarkable and irreplaceable woman, a towering and selfless Malaysian who devoted her life to helping the helpless, comforting the exploited and soothing the wounds of the tortured in a once bright place that is blackened by corruption and that has lost its way.

Often she faced insurmountable odds against the might of the powers-that-be and its institutions of persecution. The political tyrants made life unfairly difficult for this intrepid, irrepressible and humble Malaysian ‘Joan of Arc’ of maltreated migrants and repressed refugees in her country.

It is incredible how such an amazing woman who spoke out for the voiceless and right-less can be charged in court for doing good for others, and it is an indictment of ourselves that we allowed the good to be called evil and the evil good and Irene to be bullied by those who abuse their powers and disgrace their humanity and country.

It is hard to speak of Irene without recalling the hostile environment where the authorities are unwilling to be scrutinised and held accountable for their deeds. She overcame the untold hardships she suffered at the hands of the overbearing authorities that had harassed her.

I first learned of this amazing woman some years ago when news of her court case emerged in the local newspapers and Malaysiakini. This unassuming and soft-spoken woman had been unfairly persecuted and prosecuted for her role in highlighting the plight of migrant workers.

It was the irony of her plight and her unwavering commitment to her cause and forbearance under unfair persecution that earned her a place in my heart. She was my hero not found among men in her ‘jihad’ for the unjustly treated. When proud men pursued gain and glory,  this woman of women chose to side with the poor and oppressed.

Twisted persecution

Malaysiakini co-founder Steven Gan, then a reporter for The Sun, and his colleagues had in 1995 written an incriminating report of the government on 59 primarily Bangladeshi inmates who had died of preventable and treatable diseases such as typhoid and beri beri at the Semenyih immigration detention camp.

The Sun had refused to publish the damning report so Gan turned to Irene who published information from it under the title, ‘Abuse, Torture and Dehumanised Conditions of Migrant Workers in Detention Centres’ and for that she was hounded for the rest of her life by the government.

She was arrested and charged in 1996 with “maliciously publishing false news” and found guilty in 2003 after a seven-year trial. But her trials, courtesy of the government, continued outside the court. They are well-documented in local newspapers and even some outside.

In this sort of twisted persecution when politicians abuse their powers in government to prosecute the innocent who help others against the politically connected, Irene is no different from Penang Chief Minister Lim Guan Eng when he was jailed for not dissimilar reasons.

As with Opposition leaders Anwar Ibrahim and Karpal Singh, what Irene’s political enemies could not achieve in the popularity stakes, they did by using the court to hamper her attempt to attain political office by turning her into a criminal, thus disqualifying her from running for Parliament.

While the wielders of power in darkness tried to tarnish her name, the enlightened world saw differently, and she was chosen in 2004 to receive a Right Livelihood Award, also referred to as the ‘Alternative Nobel Prize.’

A woman not filled with bitterness

I have met Irene twice, and regrettably, not more. The first was when my wife and I saw her in her office in Petaling Jaya when we visited Kuala Lumpur. My wife, a medical doctor, had always been interested in the plight of sex slaves and wanted to find out more from her about the subject.

Some months later, Irene and her husband and son were sitting in front of me as we shared dinner in a Chinese restaurant in Perth. I had asked her to give me a call when she visited her son in Perth and she did. Then I noticed that Irene had looked frail and had trouble walking and used a walking stick as aid.

During our dinner, my wife and I learned more about her work. I got a greater insight into her work and role and I remember a woman not filled with bitterness or one would expect to be full of acrid remarks for her cruel persecutors and political enemies after all the injustices she had been put through.

Instead she merely stated what was true regarding the plight of the migrants, what they were up against, and even in such normal discourses, it is difficult not to note the injustice of all she had undergone. But Irene had shown no ill-will toward her cruel persecutors and our conversation was about those who she helped.

She overcame what her persecutors had dished out to her and with her passing, the plight of the refugees becomes more urgent with the need for more people to stand behind the work of Tenanganita she began.

I had learned much from our brief time together and if I have regrets in life, surely one must be in failing to follow up with Irene because we were overtaken by other pressing things and soon lost touch with her.

As I write, I recall the strength of this remarkable woman in whose stoic countenance were etched the sufferings of a saintly woman, sufferings not the fruit of personal making but from helping the helpless in their pitiful plight. The troubles and sorrow of the suffering became as much hers. I was with greatness and regret not having realised it.

A life of many trials

Malaysia came to its senses when on November 24, 2008, justice Mohd Apandi Ali overturned Irene’s conviction of ‘maliciously publishing false news’.

For 13 years since her arrest and charging in 1996, Irene had lived a life of many trials, her passport was held by the court, she could not stand for parliament in 2004, and was the subject of many police visits to her office and questioning.

Yet I had observed she had not been shy in making timely and relevant comments when needed on the plight of migrant workers and refugees. In a place where many are cowed and timid, Irene roared like a lioness without fear and favour, and political correctness was not in her vocabulary.

In her quiet dignified manner, she seemed a tower of insurmountable strength on an unshakeable urgent mission. In fact, I see in her a regal quality that only great  people like Nelson Mandela and Mother Teresa display. Such people of conviction are rare these days.

Malaysia has many women of noble character who make their country a better place. They are the salt of the nation. Irene stood tall among them, if not above most, and has left a legacy that will be a challenge to match, if at all possible.

With other Malaysians and those who have been beneficiaries of her compassion and commitment, I share the grief of the passing of a great Malaysian and I know would have been a great friend had we had not let that opportunity slip.

My wife and I pass on our condolences to Irene’s family. Good night, Irene, good night – see you in the morning.

Rich Guys Pay Taxes, says Tun Dr. Mahathir Mohamad. Do You Agree?


March 22, 2014

Rich Guys Pay Taxes, says Tun Dr. Mahathir Mohamad. Do You Agree?

by Lawrence Yong (March 20, 2014)

@http://www.malaysiakini.com

TDM--21 MarchFormer Prime Minister Mahathir Mohamad today said that Malaysia needs rich people who can pay taxes, and this is not cronyism even if some of them are now his friends.

Mahathir said that since the British left in 1957, Malaysia has mostly taken a ‘pragmatic’ approach to its economy – neither free-market capitalist nor socialist – and he therefore shot down critics who said he enriched only an elite class of people during his 22 years as prime minister.

He said that while government borrowed some socialist ideas – backing affirmative action for Malays, created state enterprises and gave land away, it also gave businesses a free hand to profit
handsomely.

He was giving the primary lecture for the Centre of Poverty and Development Studies at the Universiti Malaya campus in Kuala Lumpur.

After his talk which was titled ‘Poverty issues in Malaysia’s economic development’, human rights activist and lawyer Haris Ibrahim stood up to grill Mahathir for letting Malaysia’s inequality get out of hand.

Haris (left) pointed out that some households now live on RM29 a day amidst Kuala Lumpur’s famous Twin Towers, while just one percent of the richest Malaysians control over 10 percent of the country’s wealth. This is despite Malaysia’s oil wealth which has flowed since 1974.

Haris then asked Mahathir to explain “What went wrong?” and insisted that the elder statesman apologise for failing to eradicate poverty.

The audience cheered and applauded before waiting in anticipation for Mahathir’s expected comeback.

“You will find that the rich people are useful people. We were a business-friendly government and I told these people, when you make money, 28 percent belongs to us (through taxes)… that’s why we were helping them.

“Now suppose these people are absent… who are you going to tax? You can’t tax the poor. We need the rich!” Mahathir said, reading from his little notebook which he used to busily take notes when Haris spoke.

Mahathir also then quickly answered Haris’ three questions: “Do I ever drive in KL? I drive every weekend because I love driving. In the past, I used to drive around the check the construction sites.

“What went wrong? You don’t expect every prime minister to follow what the previous prime ministers have done… that you will have to ask them.”

And then he finished off with: “As for apologising… I should expect the questioner to apologise to me!” The audience erupted in applause. Mahathir’s solution was modernisation. In his speech earlier, Mahathir noted that when Malaysia gained independence, more than half were living in poverty.

He added that this disparity, which was marked along racial lines, was one of the reasons for the May 1969 racial riots.

Multiracial and multireligious Malaysia could not survive with such instability, said Mahathir, whose most famous economic writing was the formerly banned book ‘The Malay Dilemma’.

“How do we solve that problem? Dole out money like BR1M (Bantuan Rakyat 1Malaysia)? But we didn’t have money back then,” Mahathir said, adding that his own solution was modernisation to expand the economic pie.

“In fact, we grew the economic cake so large that people who were poor at one time are now rather rich.”

Looking around at international students and undergraduates who were among the attendees at the lecture, the octogenarian medical doctor who became a politician ended his speech with this advice for fighting poverty.

“Reject ideologies. We are pragmatic people – do what we think will give results,” he said.

Later, a law undergraduate also stood up to ask the doctor for his solutions to the perceived crony capitalism and the middle-income trap problems.

He cited the recent study from The Economist which put Malaysia as one of the top three countries in the world for rent-seeking behaviour which let the rich get richer.

Mahathir again defended his past economic policies, saying that students who wanted income equality had no idea what they were really asking for.

“Who are these cronies? They were unknown people… for example, I didn’t know these people until they were successful. Now supposing I have a million dollars to give as capital and I give it to a trishaw rider – what does he do with the money? He will spend the money.

“But if I give it to someone who understands business, he will succeed – the moment he succeeds… ahh, he is a crony! So in order to avoid this accusation that there is cronyism, you must ensure that everyone in this country fails.”

Pointing to Malay entrepreneur Syed Mokhtar Al-Bukhary (right), who is said to be the government’s most preferred business partner, Mahathir applauded the billionaire for giving jobs to over 120,000 people through his huge chain of enterprises which spans from carmakers to post offices and book shops.

“But he wasn’t always that. He started off selling cows and sugar and rice and now he’s a billionaire. What’s wrong with that?

“You want him to be a rickshaw puller? That’s easy… just take away all the opportunities from him and he will become a rickshaw puller but what good does that do? You can’t tax a rickshaw puller and you will have no money,” Mahathir said.

On the middle income trap, Mahathir said that it isn’t so bad as it could be worse. Malaysia could be stuck in a “poor income trap”, and the audience laughed politely.

Mahathir Behind Rush to Justice in Anwar’s Case?


Mahathir Behind Rush to Justice in Anwar’s Case?

Charge Against Malaysia’s Opposition Leader is Flawed and politically motivated


 

Sodomy charge Against Malaysia’s Opposition Leader is flawed And politically motivated

by John Berthelsen

 

http://www.asiasentinel.com/politics/malaysia-sodomy-case-flawed-day-one/

The charges against Anwar seemed cooked up and malicious, but government prosecutors pressed ahead anyway.  

najibm1Anwar Ibrahim’s Sodomy II trial, which ran almost two years before ending in 2012, was built on flawed evidence, procedural mistakes, tainted witnesses and reports of political collusion with Najib Tun Razak,  the current Prime Minister, and was condemned internationally by legal scholars and human rights activists.  

He was eventually acquitted for lack of evidence only to have an appeals court reverse that decision, ruling in favor of a government appeal on Friday. He was sentenced to five years in prison but is free on bail pending appeal. Homosexuality is illegal in Malaysia. The sudden reversal on Friday shocked political observers and the general public.

Sordid and Unbelievable

The story began on June 28, 2008 when a then-24-year-old aide, Mohd Saiful Bukhairy Azlan, made the sodomy accusation against Anwar, who had led the three-party Pakatan Rakyat coalition to a historic sweep of five Malaysian states, winning 82 parliamentary seats in general elections and breaking the ruling Barisan Nasional coalition’s two-thirds majority hold on parliament.

Despite an offer to appear voluntarily at the police station to deal with the charges, the opposition leader was arrested at his home on July 16 of that year by a contingent of 10 carloads of police commandos and was locked up overnight in a Kuala Lumpur jail.

The trial, which began in February 2010, was marred by the introduction of a mountain of questionable evidence, egregious prosecutorial errors and a long series of prejudicial rulings by High Court Judge Mohamad Zabidin Mohamad Diah.

From the very beginning, doubts began to surface. To start with, Saiful belatedly sought to get doctors to certify that he had been sodomized 48 hours after the alleged encounter. Records showed he first went to a private hospital where a doctor found no evidence of penetration and told him to go to a government hospital. At the first government hospital, doctors also told him they had found no evidence of tearing or scarring that would have indicated his anus had been penetrated. He was forced to go to a third government hospital where he finally found a physician willing to say the act had taken place.

Political connections

Saiful acknowledged in court that he had met with then-Deputy Prime Minister220px-Anwar_Ibrahim-edited Najib Tun Razak and his wife, Rosmah Mansor, on June 24, 2008, two days before the alleged sodomy took place and on other occasions with Rosmah’s close confidant, the former track star Mumtaz Jaafar. Neither the Prime Minister nor his wife nor Mumtaz was called to the stands to explain why they met with Saiful.

There were many questions about the DNA, which was allegedly taken from Saiful’s rectum 90 hours after the reported act took place. He claimed not to have eaten, drunk nor gone to the bathroom for that entire period.

The evidence was not refrigerated and was stored in an unguarded police office. Government laboratory technicians testified that as many as 11 different DNA traces had been found in Saiful’s rectum. At one point Zabidin ruled that the DNA was too doubtful to be admitted, only to have the prosecution appeal, at which point the judge reversed himself, leading to charges he had been coerced.

There were even questions whether Saiful had actually met with Anwar on the date he allegedly was sodomized. Although cameras showed him in the lift of the building where the offence allegedly took place, Anwar said he was meeting with a group of economists in the condo at the time and that Saiful had not appeared in the room.

Saiful also acknowledged meeting secretly twice with Rodwan Mohd Yusof, a senior assistant Police Commissioner, before the alleged offense took place. Rodwan became famous, or infamous, in Anwar’s 1998 Sodomy I trial when he was found to have illegally removed Anwar’s DNA samples from forensic custody and planted them on a mattress allegedly used by Anwar for a homosexual dalliance. To protect the integrity of the prosecution’s case, the presiding Judge, the Late Augustine Paul, expunged the entire DNA evidence at the time.

Saiful testified that on the day he allegedly met with Anwar, he had taken lubricant with him to Anwar’s condominium – hardly the act of an innocent aide who had no idea that the then 63-year-old Anwar was about to jump him for unnatural sex.

It also became known during that Saiful was having a sexual liaison with Farah Azlina Latif, a female member of the prosecution team, which might have further disqualified him as a complaining witness.

The family apologizes

Saiful’s father, Azlan Mohd Lazim in March 2013, apologized to Anwar at a press conference and said the plot to have Anwar arrested was cooked up in Najib’s office. He said his son had been used by “irresponsible quarters” and that statements that both he and his son gave to the press during and after the trial were written by his lawyer and a special officer in Najib’s office.

“Anwar is innocent and a victim of this slander… as such I apologize to Anwar and his family,” Azlan said in a printed statement.” He and his family have suffered a lot as a result of this slander. I deeply regret all the slander hurled against Anwar, which involved my son Saiful Bukhairi.”

Rosmah and NajibThe case “was planned in great detail by a special officer in the PM’s Department,” Azlan said. “Even the script I read during the press conference after Anwar’s sodomy acquittal last year was prepared by this officer.”

His son, he said, “has never explained the sodomy incident and the accusation to me. I was never called as a witness in the case. I was never called by any party to offer my statement as the father from the start to the end of the trial.”

Although he was always seen accompanying his son during the trial, Azlan TDMexplained that he did so simply as a father who was giving moral support. Azlan said he decided to make his statement after collecting information obtained during the trial, as well as that sent to him by the public.

“As a Malay and a Muslim, I started to realize the evil of this plan. I don’t want to RGESs’ continue to conspire with this malicious slander. I want the people who love this country to know their malicious intention,” he said. “If this malicious intention continues, not only the Malays and Muslims would be destroyed, but the nation would be destroyed as well. I do not want to see this happen.”

Stand Up for Democracy And Stand By Anwar Against Kelptocracy


March 7, 2014

Stand Up for Democracy,Freedom, Justice And Stand By Anwar Against Kleptocracy 

Stand Up for each other, Pakatan Rakyat.  Fight for freedom, democracy and justice. We have no option. Today’s Court of A Appeal decision makes Anwar the driving force for change in our country.  Let us not feel dejected. Our fight goes on against the dark forces of repression, arrogance, oppression; and like Badwawi’s supression, Najib will fall on the count of three.–Din Merican

by Josh Hong@wwww.malaysiakini.com

TDMBaruFor nearly 16 years now, Malaysian politics has been stuck in skullduggery just because one influential and popular individual by the name of Anwar Ibrahim was – and is – determined to challenge UMNO’s hegemony embodied by Mahathir Mohamad’s autocracy.

The sodomy issue is like a sword of Damocles that hangs forever over Anwar’s head. When he was acquitted for the first time over Sodomy II back in January 2012, some were quick to attribute the verdict to a restoration of judicial integrity. How premature the conclusion was, I would say.

Although there have been cases where justice was seen to be done, including a series of decisions against UMNO mouthpieces such as Utusan Malaysia and TV3, it would seem that the Judiciary remains very much beholden to the powers-that-be whenever the latter’s ultimate authority is severely challenged.

In other words, as long as the opposition adhered to the rules of the game laid down by UMNO and played its role within the permitted boundaries, it was allowed to survive but not to thrive.

Until, of course, the power of reformasi was unleashed by Anwar and turned the UMNO game upside down. Since then, the party that claims to represent the Malays has been fighting tooth and nail to stay relevant.

Still, neither Mahathir nor Najib Abdul Razak ever doubts the sodomy trump card that they have, alongside the advantages that UMNO holds as the ruling party. While Najib grudgingly accepted the not-so-splendid outcome of the 13th general election, he was privately relieved that more than sufficient time had been secured for him to say in power.

But Najib’s fortunes started to dwindle in no time as the costs of living were rising as a result of his hastily implemented economic measures.

At the same time, Mahathir and his cohorts cashed in on the increasingly discontents at the grassroots level by attacking Najib’s lacklustre performance, although the ex-dictator is never under the illusion that every act of defiance on his part is meant to soothe his immense grievances over his son’s failure to make it to UMNO’s top leadership.

So Najib was on the verge of repeating what Abdullah Ahmad Badawi had gone through – an ignominious exit that was.

Anwar-KajangAt this juncture, Anwar pre-empted Najib with the Kajang Offensive, seeking to regain the momentum that was clearly lost post-GE13.

All at a sudden, the public’s zeal for a regime change was aroused, posing a serious threat to UMNO’s legitimacy once again.

Should Anwar win big in Kajang, it would deal further blow to Najib’s diminishing authority within the party and nationwide.

Talk of reconciliation

Prior to this, there had been talk of reconciliation, with both sides of the political divides seemingly warming up to the idea.

I had chastised Anwar in no uncertain terms over the overtures that he had been making towards UMNO for the simple reason that the party that has ruined each and every public institution over the last 30 years and trampled on our national dignity time and again can never be trusted as a partner.

Then Anwar appeared to have changed his mind and decided to go on the offensive. But his Kajang strategy was interpreted by Najib as a betrayal on the consensus between them, which explains the rush to move the Sodomy II appeal forward to stop Anwar from getting closer to assuming a greater role in politics.

A calculative politician, Najib most probably decided to finish Anwar off by sending him to jail so that he gets to keep Putrajaya, while simultaneously appeasing Mahathir.

Yes, the Kajang Move has clearly backfired and one can go on arguing whether it was ethnical or justifiable from the very beginning. However, the very cruel reality remains that Umno is so arrogant and powerful that judges must disregard all the evidence and convict its opponents on the shakiest grounds.

Mahathir is the happiest man for now, but the country and the people will eventually pay for his and Umno’s perfidy unless a new generation of Malaysians are prepared to rise up against all the injustices.

1Malaysia: Najib’s Flight of Fancy


March 2, 2014

1Malaysia: Najib’s Flight of Fancy

by Kevin Soo@http://www.themalaysianinsider.com

najibm1So goes the narrative: We are an example of how a multiracial country can flourish. We find our strength in diversity. We are all Malaysians (or, at least, those from an older generation tell us stories about how race did not matter when they were children).

I ask myself daily how true this is. Do we simply happen to be citizens of the same state, or is there anything that truly binds us into a collective? Is national unity a reality that we are defending, or are we simply hoping that if we repeat it enough the narrative will turn into reality?

We tell each other and ourselves these stories, as if they are the truth, while extremism and discord are only aberrations caused by a vocal minority. “True Malaysians reject that,” we say. But on what basis do we lay claim to be true Malaysians? We need to at least consider possibility that our stories are becoming increasingly fictional for the real Malaysian.

 

There will always be moderates and those who reject the division – no one denies that good Malaysians will always step up with a sane voice. But let’s face it: we’re preaching to the choir here. The majority of people with online access and who will spend time reading letters to the editor like these in publications like TMI are already convinced.

The problem is not with seeds of disunity being sown amongst moderates, but with the widening gap between the moderates and everyone else. In political terms, this is the voting split across the rural-urban divide. In intellectual terms, this is the divide between those who have access to and seek out alternative media versus those who rely on state-owned media.

By and large, that’s what is shaping the reality of Malaysia, independent of the stories we tell. Malaysia can be a united nation if its citizens are made that way by the state – that was the noble purpose of nation-building policies of old (and at least the stated intention of 1Malaysia, which has become nothing more than an ironic gimmick).

The state can also, if it chooses, put in place policies that will put an end to a sense of collective destiny. Just think of what a few years of bad education policies can do to a whole generation of young Malaysians. It will produce an increasing number of people who are prone to (and in fact will be receptive to, or at least tolerant of) the provocations of disunity from extremists.

And therein lies the problem: what the state is able to accomplish in the hearts and minds of Malaysians who do not have the means to alternative ideas and the ability to question the economic, social and political realities they inhabit.

So the story we tell ourselves: that true Malaysians reject disunity and extremism, may just be a story. The real Malaysian may lie outside our narrative, exclusively within the state’s sphere of influence, unaware of a reality outside of that.

I doubt anyone wants to read something with no hope, but if the dream of unity is only a dream, then I think we need to wake up before pouring energy and creativity into restoring it by attacking it in a way that confronts the reality (rather than trying to convince ourselves of a reality we prefer).

Think about what our commiserating in our usual spheres accomplishes (on Facebook, alternative media, etc). It only serves to retell the story we have heard so many times. If this continues while the rest of Malaysia never gets to hear it, we’re passengers on the Titanic who keep praising its decor while ignoring the fact that it’s sinking.

The “ordinary Malaysian” cannot save this ship if the majority are taking part in a different narrative. The fate of this ship is determined by the spread of information and education. Until the state lives up to its call by reforming education and increasing internet penetration while reducing its vice-like grip on the mainstream media (which would take years, if it ever happened), only the privileged few will even know how to incorporate the unity narrative into their stories.

I’m hoping the truth is not as bleak as I think it is, and if I’m wrong I hope people will point it out and wake me up from the impending nightmare. But if we’re the delusional ones, then I’d rather we wake up and realise that unity is a sinking ship. – March 2, 2014.

The Allah Issue seen from afar


February 25, 2013

The Allah Issue seen from afar

by John R. Malott

http://www.malaysiakini.com

COMMENT Like other friends of Malaysia overseas, I have followed themalott1 controversy over the use of the word ‘Allah’ with interest, but also with great concern. For I believe that this issue, if left unchecked, has the potential to tear Malaysia and the dream of ‘Bangsa Malaysia’ apart.

While there are racial and religious issues in every society, what makes the situation in Malaysia different is that it is the government that has condoned and even provoked these tensions for its own political purposes.

For years, UMNO justified its existence by saying that the Malays are under threat, and that only UMNO could defend “the Malay race”.

After the 13th general election, in which UMNO candidates received only 30 percent of the national vote – and in which BN as a whole got only 47 percent – it had two choices. It could broaden its appeal or it could narrow it by trying to appeal to the PAS voter base, for whom religion rather than race is a more important concern.

Unfortunately, UMNO chose the latter course and started to play the ‘Muslim’ card. Now, according to the government and UMNO, it is not just Malays, it is also Islam that is under threat.

As for the ‘Malay’ card, UMNO increasingly has gone to the extreme, pandering to extreme racist elements, starting with PERKASA.

The irony of the “Malays/Islam under threat” claim, of course, is that in Malaysia, both Malays and Muslims are the majority. And UMNO controls the government. So how can the Malay race and the Muslim religion in Malaysia be under threat?

To UMNO’s leadership, it doesn’t matter. There is no need to explain. They just speak and offer no evidence, and use their propaganda instruments - Bernama, RTM, Utusan Malaysia, the New Straits Times, etc – to spread the word.

From an international perspective, they also make assertions that are totally out of line with Islamic thinking and practice in the rest of the world.

Think about it – Malaysia is the only country in the world that ignores history and linguistics and dares to ban non-Muslims from uttering the word ‘Allah’. Like Humpty Dumpty, the Malaysian government stands alone – and claims for itself the right to decide what words mean and what words people may read, write, think, and speak.

How can Prime Minister Najib Razak, his government, and its supporters justify their actions, when no one else in the Islamic world agrees with them? When Islamic scholars like Reza Aslan say, “We are laughing at you,” how do they respond?

They don’t. Because they don’t know what to say. They seem to be living on their own planet.

Actions, not just words

But it is not just what Najib and his government say, it also is what they have done.

  • It is the government that seized more than 20,000 Bibles in 2009.
  • It is the government that banned the use of the word ‘Allah’ in Catholic weekly The Herald.
  • It is the government’s Police Force that joined the recent raid on the Bible Society of Malaysia, confiscating over 300 bibles without a search warrant.
  • It is the government’s religious affairs department, JAKIM, that directed mosques throughout Malaysia to say, without citing any evidence, that Islam is “under threat,” that Christians and Jews are “enemies of Islam,” and that Christians are responsible for turning Muslims against each other and tricking them into losing their rights.
  • It is Najib’s cabinet that stood silently by and decided not to enforce its 10-point plan to restore religious peace and harmony in the nation.
  • It is the government that refused to take any action after the leader of PERKASA called for the burning bibles.

There is no greater example of uniformed assertions than former PM Dr Mahathir Mohamad’s recent claim that Christians have “no right” to use the word ‘Allah’. Because he is Mahathir, he just says it, and he expects everyone to agree.

As the saying goes, everyone is entitled to their own opinions, but not to their own facts. In this case, history and the facts are not on Mahathir’s side. Mahathir is totally, 100 percent, wrong.

The word ‘Allah’ was used by Arabic-speaking Christians for centuries before the birth of the Prophet and the rise of Islam. Indeed, archaeologists have found an Arabic-language Christian Bible (the Mt Sinai Arabic Codex 151), that is nearly 1,300 years old, in which God is called ‘Allah’.

Indeed, someone might ask what right Muslims have to say the word ‘Allah’, when it was used first by Christians? Who is violating whose rights?

The answer is simple – even though Jews and Christians used it first, they would never deny Muslims the right to say the word ‘Allah’. Because while over the years, men and women have practiced and interpreted our religions in different ways, in the end we all worship the same God – the God of Abraham, the Creator of the Universe.

So here is the question. In the entire Islamic world, why is it only in Malaysia that people claim that uttering or writing the word ‘Allah’ is the exclusive right of Muslims?  Why is it only in Malaysia, and nowhere elsewhere in the world, that some Muslims say they will be “confused” if other people – Christians – use the word ‘Allah’ when they worship inside their own churches, or when they read the Bible in the privacy of their own homes?

What makes Muslim Malaysians different from the other 1.5 billion Muslims in the rest of the world?

I would like Malaysian advocates of the ‘Allah’ ban to explain this, not to me (a Christian), but to explain it to the rest of the Islamic world.

Dangers of ‘quick research’

The senior judge in the Allah appeal, Mohamed Apandi Ali, wrote in his opinion that through his “quick research” on the history of the language of the Bible, “it is clear that the word ‘Allah’ does not appear even once as the name of God or even of a man in the Hebrew scriptures. The name ‘Allah’ does not appear even once in either the Old or New Testament.

“There is no such word at all in the Greek New Testament. In the Bible world, God has always been known as ‘Yahweh’, or by the contraction ‘Yah’. That being the historical fact, it can be concluded that the word or name ‘Allah’ is not an integral part of the faith and practice of Christianity.”

Justice Apandi’s judgment clearly shows the dangers of “quick research.” He should have spent a little more time on the web. But because he refers to how the word ‘God’ is expressed in Hebrew, Greek, and Arabic, he has raised the important issue of language and the words that we use in different languages to refer to God.

How many languages are there in the world? The Christian Bible has been translated in whole or part into an astonishing 2,817 languages, according to the Wycliffe Bible Translator, a UK organisation. The complete Bible is available in 513 languages, including Arabic and Malay.

Both the Arabic and Malay Bibles use the word ‘Allah’ to refer to God. In the case of Arabic, it has been so for at least 1,300 years, and in the case of Malay, which “borrowed” the word ‘Allah’ from Arabic, for at least 300.

Even so, Justice Apandi ignored both history and language when he claimed that the Arabic and Malay language word for God – Allah – belongs exclusively to Muslims. That is because Jews and Christians used the word ‘Allah’ before the Prophet was even born.

Judge Apandi also was wrong when he said that the Jews have always referred to God as ‘Yahweh’. My own “quick research” on Wikipedia, which must have lasted 15 seconds longer than the learned judge’s, shows that the Hebrew Bible uses many names for God.

While Yahweh is indeed the most common expression, two others are ‘Elah’ and ‘Eloah’. They both sound very similar to ‘Allah’ and there is a reason for that. Just as Jews, Christians, and Muslims all believe in the God of Abraham, the Hebrew, Aramaic, and Arab languages are all related to each other.

Most scholars say that Jesus spoke Aramaic, not Hebrew. And when Jesus spoke of God, he said, “Ellah.” That sounds remarkably very similar to the Arabic ‘Allah’. And it should, because Aramaic and Arab are what linguists call “cognates.”

As word of Judaism and Christianity spread into the Arabian Peninsula, ‘Allah’ became the Arabic language name for the God of Abraham. The word ‘Allah’ was used first by Arab Christians and Mizrahi Jews, and only later by the Prophet and Muslims.

Sorry, Justice Apandi. Sorry, Mahathir. Sorry, Najib and UMNO.

If anyone owns the “trademark” on the word ‘Allah’, it is the Christians, who first spread the word of the God of Abraham into the Arabian peninsula, and who first used the word ‘Allah’. But here is the point – no Christian Malaysian insists and no Arabic-speaking Christian insists that the word ‘Allah’ belongs exclusively to them.

So the burden of proof therefore is on any Malaysian who ignores history, language, and the facts – and who ignores what the rest of the Islamic world is doing – and simply asserts that only Muslim Malaysians may use the word ‘Allah’.

Raja Zalim Raja Disanggah


February 23, 2014

Raja Zalim Raja Disanggah

imageby Din Merican

Karpal Singh has been convicted under s.4(1) of the Sedition Act 1948 for saying that “the Sultan of Perak can be sued” for causing the removal of the PAS Menteri Besar Nizar Jamaludin, which  led to the BN seizing control of the state assembly through the back door by bringing in an unelected person to be Speaker,  thus giving majority to BN in the Perak State Assembly to install Zambry Kadir as Menteri Besar.

Sedition is an antiquated and undemocratic offence and most modern states have repealed or put it into disuse. It certainly has no place in a modern and democratic Malaysia that we aspire to be.

Sedition is an antiquated and undemocratic offence and most modern states have repealed or put it into disuse. It certainly has no place in a modern and democratic Malaysia that we aspire to be.

The story of the sneaking in of a new Speaker into the Perak state parliament; the story of how Regent Raja Nazrin waited from morning in the Royal Chambers to deliver his opening speech, only to get to do it in the late evening as if nothing had happened at all are all well documented.

Sivakumar is half pushed, half pulled out of the chambers. He was forcibly removed from the speaker's chair .

Sivakumar was half pushed, half pulled out of the chambers. He was forcibly removed from the speaker’s chair .

The Constitutional Crisis of Perak was unprecedented not only in Malaysian history but also in the history of any country in the world. Even the assassination of Julius Caesar could be justified because Julius Caesar wanted to be Emperor of Rome and Brutus and gang wanted to prevent him from getting that approval from the Roman Senate. Brutus justified the murder by saying “It is not that I love Caesar less but I love Rome more.” So, Julius was disposed in the Senate just before he became Caesar to protect democracy against dictatorship. In Perak, democracy was assassinated  right in the very house of a state parliament.

The Ruler asked Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin to resign together with the executive council members. Sultan Azlan Shah also ominously declared - if they refuse to resign the post (of Menteri Besar and State Executive Councilors) would be considered vacant.

The Ruler asked Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin to resign together with the executive council members.
Sultan Azlan Shah also ominously declared – if they refuse to resign the post (of Menteri Besar and State Executive Councilors) would be considered vacant.

And by whom?

By none other than the constitutional head of the state. This was democracy in modern times being crucified by the very person who is to be the umbrella and protector of democracy and the people’s rights to its elected government. And democracy died.

It is totally unjust and un-democratic for MPs to switch parties and claim that they still represent what the people voted them in for.

It is totally unjust and un-democratic for MPs to switch parties and claim that they still represent what the people voted them in for.

Given that dramatic event, is it beyond the reasonable man’s mind that the people would speak out? Is it beyond expectation that the Rakyat would rise and object? Even if those reposed with trust to advise the rulers on such matters abdicate their duty because of fear as in this proverb “Tohok Raja Tiada Dapat Dielakkan”, the history of mankind has shown that there will always be A Few Good Men who would speak out for the truth. Karpal Singh would not be called the Tiger of Jelutong if he did not roared out his views over something so manifestly wrong. At least Karpal did not throw stones at the royalty of Perak as some people did to express their disgust over what was seen as the palace complicity in the assassination of democracy.

I recall video footages and pictures of the people of Perak throwing stones at the Regent’s car. That was how disgusted the Rakyat felt towards the Perak royalty. As a Malay, I felt very sad to see the consequences when the royalty and monarchy are dragged to descend into the arena of gutter politics. That would be unthinkable in Thailand where the monarch has always remain impartial to party politics. And that impartiality ensures not only the monarchy’s survival in a modern democracy like Queen Elizabeth of England but also remain revered by the people like King Bhumipol Adulyadej of Thailand. The monarchy must learn to read the Rakyat’s pulse and be a unifying force like how Winston Churchill encouraged the stuttering King George VI to deliver that famous speech unfiying Britons as Britain went to war in the  movie The King’s Speech.

A vehicle with a yellow (royal) registration plate, said to be ferrying Perak crown prince Raja Nazrin Shah, was pelted with stones by angry supporters of the PRU12, which has shown PR won the State of Perak.

A vehicle with a yellow (royal) registration plate, said to be ferrying Perak crown prince Raja Nazrin Shah, was pelted with stones by angry supporters of the PRU12, which has shown PR won the State of Perak.

Yet, in Perak the Rakyat’s expressed its utter disgust. Why?

HRH Sultan of Perak is Raja Azlan Shah who before becoming Sultan was the Lord President of Malaysia, the chief judge of the country. There were much hopes when Raja Azlan Shah became Sultan.

HRH Sultan of Perak is Raja Azlan Shah who before becoming Sultan was the Lord President of Malaysia, the chief judge of the country. There were much hopes when Raja Azlan Shah became Sultan.

HRH Sultan of Perak is Raja Azlan Shah who before becoming Sultan was the Lord President of Malaysia, the Chief judge of the country. There was much hope when Raja Azlan Shah became Sultan. There was hope that His Majesty would put some semblance of Rule of Law in the governance of his own state of Perak and in the country when Raja Azlan Shah became Yang DiPertuan Agong of Malaysia. The Perak Royalty was regarded as one of the more educated royalties of this country. So, when Raja Nazrin became regent and espoused all the ideals of good governance, the people became hopeful. The people agreed with everything Raja Nazrin said. He became a symbol of an enlightened royalty of Malaysia like the big white hope of boxing. But all hopes dissipated. That disappointment culminated in the manner that MB Nizar was deposed. And the Perak Royalty lost all credibility. I am saying this because people tell me so and it is my duty to convey this so that our royalty can reflect on their relevance and survival in a new world.

The prosecution and conviction of Karpal Singh who is a parliamentarian and a senior lawyer does nothing to instil respect, love and reverence for our royalty and monarchy. It will do the exact opposite as can be seen in the extinction of other monarchies in the world. If that happens, the Malays will have to blame UMNO, our Malay politicians and our Malay holders of public offices including the Judiciary for being less than wise in managing such issues.

ICJ's International Legal Advisor on Southeast Asia Emerlynne Gil said this conviction sends out a message that lawyers in Malaysia are not free to express their opinions about legal issues.

ICJ’s International Legal Advisor on Southeast Asia Emerlynne Gil said this conviction sends out a message that lawyers in Malaysia are not free to express their opinions about legal issues.

We, Malays, make such a big fuss about protecting kedaulatan Raja-Raja Melayu and, in doing so, we instigate for the prosecution of anyone especially non-Malays like Karpal to teach them a lesson not to memperlekehkan our Raja-Raja. As a result, we bring to the world’s attention the oppressiveness of our archaic laws and the abuses that can arise from such laws. In the end, we will be the losers because we never heed our own peribahasa – “Kasihkan Raja Di Atas Usungan”.

I will not explain the meaning of that proverb so that you, the readers, and hopefully all Malay politicians will research, read and apply that peribahasa in the proper context when dealing with our Malay royalty.

 Same case, same judge, different judgments -- only in the land of endless possibilities! mj


Same case, same judge, different judgments — only in the land of endless possibilities! mj

In prosecuting and convicting Karpal Singh, neither the Malay executive nor the Judiciary gave cogisance to another Malay legal maxim or peribahasa which is so significant in this context. If Karpal Singh can be convicted for sedition just for questioning the powers of a malay monarch, then this maxim must be expunged from the Malay perbendaharaan of peribahasa – “ Raja Adil Raja Disembah Raja Zalim Raja Disanggah“.

Karpal’s Sedition Conviction is Bad News for Malaysia


February 22, 2014

Karpal’s Sedition Conviction is Bad News for Malaysia

by V Anbalagan, Assistant News Editor, The Malaysian Insider

http://www.themalaysianinsider.com

karpal-singhDAP lawmaker Karpal Singh’s (pic, above) conviction for sedition reaffirms the return of authoritarianism and political persecution, a lawyers’ group said.

 So now giving one's legal opinion is deemed seditious! mj


So now giving one’s legal opinion is deemed seditious! mj

Lawyers for Liberty (LFL) Executive Director Eric Paulsen said this was apparent following the dismissal earlier this week of P. Uthayakumar’s appeal, also for sedition.

He said the return of authoritarianism and political persecution followed a brief lull during which Prime Minister Datuk Seri Najib Razak made a series of democratic reforms which turned out to be a rebranding exercise and ultimately, false.

“Karpal’s conviction has once again reaffirmed Najib’s false reformist credentials,” he said in a statement today.

Paulsen said Najib  had not only broken the promise he made on July 11, 2012, when he announced that the Sedition Act would be abolished but his administration has increasingly abused sedition charges against opposition leaders and dissidents like Tian Chua, Tamrin Ghafar, Haris Ibrahim, Safwan Anang, Adam Adli, Hishamuddin Rais and Suhaimi Shafie.

Najib  had not only broken the promise he made on July 11, 2012, when he announced that the Sedition Act would be abolished but his administration has increasingly abused sedition charges against opposition leaders and dissidents like Tian Chua, Tamrin Ghafar, Haris Ibrahim, Safwan Anang, Adam Adli, Hishamuddin Rais and Suhaimi Shafie..

Najib had not only broken the promise he made on July 11, 2012, when he announced that the Sedition Act would be abolished but his administration has increasingly abused sedition charges against opposition leaders and dissidents like Tian Chua, Tamrin Ghafar, Haris Ibrahim, Safwan Anang, Adam Adli, Hishamuddin Rais and Suhaimi Shafie..

“Sedition is an antiquated and undemocratic offence and most modern states have repealed or put it into disuse. It certainly has no place in a modern and democratic Malaysia that we aspire to be.”

Paulsen said the investigations and prosecutions were a waste of public funds. Police and the Attorney General’s Chambers’ resources would also have been better used to address real crimes.

“LFL, therefore, calls on the police and AG’s Chambers to conduct themselves in a professional, fair and independent manner and not to selectively and in bad faith target Opposition leaders and dissidents when government leaders and others connected to them like Datuk Ibrahim Ali, Datuk Zulkilfi Noordin, Ridhuan Tee Abdullah and Datuk Mohd Noor Abdullah have made more serious and offensive speeches but led to no repercussion or action.”

He said LFL was shocked by the High Court conviction of Karpal. He now faces imprisonment up to five years and disqualification as member of parliament.

“Making political or critical comments is not a crime and especially so in this case. Karpal was merely giving his legal opinion on the 2008 constitutional crisis in Perak and under no circumstances can it be described as seditious.”

He said while it was true freedom of speech was not absolute and there were accepted limitations like incitement to violence and hate speech, the threshold for freedom of expression, however, must be high.

Lawyer Amer Hamzah Arshad said politicians and those critical of the establishment had to deal the archaic law as it was still in the statute book.

“It is unfortunate the senior lawyer has been found guilty for merely stating the law and the facts to the public as there was a belief by certain quarters that the rulers enjoyed immunity and no legal action could be taken against them.”

He said an ordinary person would now feel fearful to express in public his legitimate views about the affairs of the state and leaders.

“This in a way will close the door for the authorities to gauge the true sentiment of the public. Fear will be used by the government as a  tool to maintain their grip on power.”

High Court judge Datuk Paduka Azman Abdullah today found Karpal guilty of uttering seditious words against the Sultan of Perak at the height of the constitutional crisis in 2009.

 Same case, same judge, different judgments -- only in the land of endless possibilities! mj


Same case, same judge, different judgments — only in the land of endless possibilities! mj

Sentence has been deferred to March 7 for Karpal’s defence team to prepare mitigation to obtain a lighter sentence.

On Tuesday, a High Court also upheld the jail sentence of two years and six months imposed on lawyer P. Uthayakumar by the Sessions Court for writing a letter of a seditious nature to former British prime minister Gordon Brown seven years ago. – February 21, 2014.