Kassim Ahmad: The Malay Art of Pleading


June 18, 2014

​​​Kassim Ahmad: The Malay Art of Pleading

by Din Merican in Hsinchu, Taiwan

image

I read with amusement of the things that are happening in Malaysia. It is almost in a state of confusion, with state agencies like MAIS and JAIS showing blatant disregard to the advice by the country’ top most government lawyer – Attorney-General Gani Patail. I think the A-G is right on this occasion. On the other hand, the disrespect shown to the A-G’s advice and office simply shows that government agencies themselves have no confidence in Gani Patail as A-G. Gani Patal is too tainted, too scandalous and has become a liability to the administration of Prime Minister Dato’ Seri Najib Razak. Thus, the honorable thing for Gani Patail to do is to step down ,or be sacked.

At the same time, I am following with great interest that Malay public intellectual- scholar Kassim Ahmad hasRosli-Dahlan brought his fight right to the feet of PM Najib Razak, Chief Minister Kedah, Mukhriz Mahathir and JAWI Minister Brig-Gen Dat Seri Jamil Khir Baharom. Kassim is clearly sending a signal to Brig- Gen Jamil Khir that he is not afraid of the tactics of intimidation by JAWI.

What is more interesting is that Kassim is doing it in the most polite Malay way. Kassim instructed his lawyers to send an appeal letter to the PM. I have just read the Malay letter. It is a masterpiece. Without disrespect to Kassim’s lawyer, I think Kassim must have authored the letter himself. Let us not forget that Kassim is a Malay scholar and literary figure.

Kassim was also formerly the President of Partai Sosialis Rakyat Malaysia which means he understands the concept of federalism and some aspects of the law. Thus, JAWI has just awoken a sleeping lion. Kassim may be an old man of 81 years, but this is an old man with a fighting spirit. This is an old man well versed in the Malay art of pencak silat.

Now read the letter:

image

Read :here and HERE for articles on the Kassim Ahmad story by http://www.freemalaysia.com

Rosli Dahlan: an emerging human rights and civil liberties lawyer


May 19, 2013

MY COMMENT: I  was attracted by RPK’s lastest article (May 18, 2014) on laywer Rosli Dahlan for several reasons. Foremost is that I have always believed that Rosli should take on some public role. RPK suggests that he should lead the Malaysian Civil Liberties Movement. I couldn’t agree more.

Rosli-DahlanI know he is too modest to do anything for public fame. I know he does not feel that a person charged by the MACC should take on any public role. I know he has no political ambitions. But he must. It is no longer about him.

It is about the bigger cause for Malaysia. He has the knowledge, the experience and more importantly the moral compass to do the right thing. I have seen him throughout his criminal trial He was always calm, reflective, and collected with an abiding faith in justice.

I have seen him in action when he took on the mainstream media, the MACC and the Goverment in his civil suits. He won all them all. Lately, he sued A-G Gani Patail, former IGP Musa Hassan and several other big guns, calling them “Rogues in Government”.

Rosli has that quiet resolve to see things to the end. He is incorruptible. He does not crave for power nor wealth. He is not easily intimidated. In other words, he is beholden to no one except his deep personal piety to God which he does not shout about like PERKASA or ISMA.

He identifies with the common man in the street, understands their plight and fights for such causes with tenacity.  That is the kind of person that the MCLM needs to lead it. And for that, I join RPK in asking Rosli that he should show his patriotism by fighting for the rights of the oppressed Malaysian.

By the way, RPK also failed to mention one important case that Rosli handles. If I am not mistaken, its the UAE Sdn Bhd vs JAIS and MAIS ( read here )where these religious authorities tried to use the Land Acquisition Act to seize a 26 acre land owned by a chinese company on the pretext of building a 26 acre mosque.

I recalled asking Rosli why he would represent a Chinese company against the State Islamic Religious Authority which wants land to build a mosque for God. His answer was a curt : “Why Not?” Then he said “You can’t use religion or God’s name to rob someone of his land. God forbid!”.  There you have it.

So read on the following RPK article on the emergence of a civil rights lawyer, my friend Rosli Dahlan.–Din Merican

Rosli Dahlan: an emerging human rights and civil liberties lawyer

by Raja Petra Kamaruddin (May 18, 2014)

I would suggest that Rosli set up a special fund to fight these violation of human rights and civil liberties cases. He may be prepared to work free-of-charge for the sake of justice, human rights and civil liberties. However, I still feel a special fund should be set up.

THE CORRIDORS OF POWERimage

In November 2013, Rosli Dahlan filed a suit against A-G Abdul Gani Patail, former IGP Musa Hassan, and Malaysian Anti-Corruption Commission (MACC) Chief Abu Kassim Mohamed in their personal capacity. Rosli also named MACC prosecution head, Abdul Razak Musa, its former prosecution head, Nordin Hassan, and Razak’s deputy, Anthony Kevin Morais, the MACC, the Malaysian Police, and the Malaysian government, as among the 11 defendants.

So there you have it. Rosli is practically taking on the entire Malaysian government for his arrest and assault and the lies they spread about his so-called ‘corruption’. Now that all the lies have been proven just that, lies, he is going to nail their balls to the wall and hang them by their dicks.

Further to that, Rosli sued the government-owned mainstream newspapers — Utusan Malaysia, NST, and The Star. You can read more about that story below.

For almost seven years, Rosli has been battling the government for what they did to him. And his only ‘crime’ was that he represented the number three in the Malaysian police force against the false allegation of corruption. The government had alleged that this police officer was corrupt and had accumulated assets worth RM27 million.

The MACC, however, did not charge this Police Officer for corruption. They eventually charged him for non-declaration of assets. And it was not for RM27 million but for a much lower figure. Rosli then represented this police officer and managed to prove that the police officer had, in fact, declared his assets, contrary to what the MACC alleged.

But why were they so bent on ‘getting’ this Police Officer, even if under fabricated criminal charges if necessary? Well, the answer is very simple. This Police officer investigated the abuse of power and corruption in Malaysia’s national airlines, MAS.

This  corruption went all the way to the top and involved those who walk in the corridors of power. And this resulted in MAS losing billions. And this, of course, has now been proven and even Prime Minister Najib Tun Razak said this week that the only option left for MAS is to go bankrupt.

Anyway, this Police officer then sent the previous Prime Minister a letter suggesting that these criminals be prosecuted for their wrongdoings. And this was when they decided to get him. And when Rosli acted as this police officer’s lawyer they decided to get him as well. And now they are paying for the wrath of this lawyer who will take no shit from anyone and will fight back, never mind whomsoever he has to take on and what they will do to him for being so bold as to take on the Malaysian government.

Rosli is also Kassim Ahmad’s lawyer. You can read more regarding that matter here:

Former activist Kassim Ahmad charged with insulting Islam

Dr Mahathir: Kassim Ahmad’s arrest wrongly portrays Islam as ‘hard and unmerciful’

Kassim Ahmad: The hero we don’t deserve! 

Rosli is also acting for Marina Mahathir in her case against ISMA and you can read about that case here:

Marina Mahathir sues Muslim NGO over Comango allegations

Further to that, Rosli is acting for Borders regarding its conflict with the Federal Territories Religious Department (JAWI), which you can read here:

After book ban lifted, lawyer pushes to get Borders’ employee off the hook

Borders manager to face syariah charge

Court says raid on Borders bookstore, seizure of Irshad Manji’s books illegal

Yes, Rosli takes on all the cases that no other lawyer will touch with a ten-foot pole and all which involve human rights and civil liberties violations. In fact, as if this is not enough, Rosli is even taking on cases that involve legal action against UMNO Ministers and Rulers.

Because of this Rosli has received threatening phone calls from people who curseKassim and Rosli and vilify him. They do not want him to represent people or organisations like Borders, Kassim Ahmad and Marina Mahathir who have ‘insulted’ or ‘challenged’ Islam.

What about your right to legal council and your right to a fair trial? Well, these people feel that anyone who ‘insults’ Islam should not be allowed a fair trial. Anyone who ‘insults Islam’ should just be rounded up and punished and not be allowed legal representation in a fair trial.

One such person who whacked Rosli is a very wealthy Malay who was Anwar Ibrahim’s treasurer during Anwar’s UMNO days and who made tons of money when Anwar was the Finance Minister and Deputy Prime Minister. Yes, this is a man who became a multi-millionaire by abusing his power and by exploiting his relationship with Anwar. He is angry with Rosli for giving these people a fair trial for the crime of ‘insulting Islam’.

What does ‘insulting Islam’ mean anyway? I don’t know but apparently these people do.

Anyway, these are the cases that Rosli takes on and most times pro bono as well. This means Rosli is doing all this work free-of-charge and for the sake of justice, human rights and civil liberties.

I would suggest that Rosli set up a special fund to fight these violation of human rights and civil liberties cases. He may be prepared to work free-of-charge for the sake of justice, human rights and civil liberties. However, I still feel a special fund should be set up.

It is not so much the money that is the issue. It is more that we want to demonstrate our support to the cause. We talk so much about justice, human rights and civil liberties but we never lift a finger to help. We let others do all the work while we sit comfortably in our homes and just watch and do nothing.

If we can raise RM100,000 or RM500,000 or RM1 million that would be a very strong message we send to those who hide behind Islam and deny Malaysians justice, human rights and civil liberties. Why should we allow them to decide what we can and cannot say and do or what books should be allowed and which should be banned (even if they are Malay language Bibles that use Allah)?

I also think Rosli should set up a civil liberties movement or get involved in one of the existing civil liberties movements and take on more legal cases that violate our human rights and civil liberties. It is time Malaysians fought back and not allow extremists like Perkasa, Isma, and so on, to bring Malaysia to the brink of racial and religious strife.

I, for one, promise that if Rosli takes on this challenge I will be the first to contribute some money to the fund and I will bring these cases to the international stage through organisations like the Human Rights Watch in London.

So how, Rosli, are you up to this challenge?

************************************************

(The Malaysian Insider, 18 October 2013) – The senior lawyer who won a defamation suit against an English daily and the anti-graft body said today’s court decision has vindicated him.

Rosli Dahlan, who sued the New Straits Times (NST) and the Malaysian Anti-Corruption Commission (MACC) for defaming him in the “RM27 million Copgate Affair” in 2007, said although he was happy with the decision, he felt the defendants were not punished enough as they had shown no remorse.

“I am happy. The decision, to an extent, has vindicated me. But they should have been more severely punished as they have not shown any remorse at all,” he told The Malaysian Insider today.

“They knew my role in the case was merely as a lawyer but they still linked me to it.”

He said his win today was believed to be the first of its kind against the MACC where the anti-graft body was found liable to have defamed an individual.

This morning, the High Court in Kuala Lumpur ruled in Rosli’s favour and ordered NST and the commission to pay RM150,000 each for defaming him in the Copgate Affair which saw former Commercial Crimes Investigation Department director Datuk Ramli Yusuff being charged in court and later acquitted for failure to declare ownership of company shares and interest in two properties.

Rosli, who acted as Ramli’s lawyer, was also charged and acquitted by the Sessions Court in Kuala Lumpur in 2011 for non-disclosure of his assets, which were said to be linked to Ramli’s case.

The MACC filed an appeal against the acquittal at the High Court in Kuala Lumpur, but later withdrew it.

Rosli subsequently filed the defamation suit.

In her judgment this morning, Judicial Commissioner Siti Khadijah Badjenid said the article carried in NST was not only defamatory but also false.The sting of defamation, she said, was calculated to generate sensationalism.

While NST’s report had quoted MACC sources, the anti-graft body had denied leaking any information to the media.

But because MACC had uploaded the NST’s article on its website, the judge also found the commission liable.

“The MACC had breached Section 21(4) of the Anti-Corruption Agency Act in releasing confidential investigation to the media,” said Siti Khadijah.

“This had affected Rosli’s reputation, as he is also a lawyer from a reputed legal firm.”

She also ordered both NST and the MACC to pay RM35,000 each in costs. Rosli had earlier also slapped The Star and Utusan Malaysia with legal suits but both dailies have apologised for defaming him in 2007.

Today, he told The Malaysian Insider: “I could never understand why NST refused to apologise like Utusan and The Star. They knew the story was false.Both NST and MACC are liars. And when they were caught lying, they just blamed each other.”

Rosli was arrested in 2007 and charged in court a day before the Hari Raya celebrations while Ramli was charged a month later.

http://www.malaysia-today.net/rosli-dahlan-an-emerging-human-rights-and-civil-liberties-lawyer/

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.

Dear Tuanku, Please stop this Robbery in the Name of Islam


February 12, 2014

Dear Tuanku, Please stop this Robbery in the Name of Islam

MY  COMMENT: A few days ago in my article “Islam at theFacebook-K and D Crossroads in Malaysia”, I raised several issues that have been plaguing our country. I received both positive and negative comments, all of which I posted in the comments section as I believe that a healthy exchange of ideas is the foundation for freedom of expression. Even comments from UMNO Cyber troopers were allowed access and posted, so long as they respect my condition for non-vulgar or crass exchanges. It is difference of opinion that will strengthen us as a people of one nation. We must be allowed to disagree. Unity in diversity. That is what that has made Malaysia unique.

I am gratified that most readers were equally concerned about my safety upon hearing about my accident. Even old friends like the former US Ambassador John Mallot wrote in to express concern. But I also wrote about current issus that troubled me, especially about the abuses of the law and legal processes by religious authorities. I also wanted to give moral support to my young friend, Lawyer Rosli Dahlan, that he should not feel guilty about doing cases against the religious authorities. He should not feel guilty about representing Chinese companies or individuals who are robbed of their land, whose premises are violated and trespassed. For that matter, neither race nor religion should be of any consideration when one fights for truth and justice.

The secret of life is to have no fear; it's the only way to function.

The secret of life is to have no fear; it’s the only way to function.

Today, I read in the Malay Mail that Rosli Dahlan had succeeded in persuading the High Court to check the misconduct of Jabatan Agama Islam Selangor (JAIS). Yes, the same JAIS that seized the Christian Bible with “Allah”. I say bravo to Rosli. I say fight on without fear or favour. I am proud that there is a fearless Malay Muslim lawyer who will take on JAIS, which of late has been committing mischief and seems to be on a frolic of its own. If, as many have said, JAIS takes directions only from HRH The Sultan of Selangor, then I say this to HRH Tuanku:

“Ampun Tuanku, Sembah patek harap diampun. JAIS yang dibawah naungan Tuanku bertindak sesuka hati sehingga mencemarkan nama Islam dan merosakkan perpaduan kaum. Maka Patek mohon sudilah Tuanku perhatikan sedikit hal ini supaya Negeri Selangor Darul Ehsan tidak bertambah porak peranda. Ampun Tuanku.”

Now read the report from Malay Mail below and tell me is JAIS is not committing land robbery in broad daylight in the name of Islam.–Din Merican

THE MALAY MAIL ARTICLE:

February 12, 2014

http://www.themalaymailonline.com/malaysia/article/developer-wins-leave-to-challenge-land-acquisition-by-islamic-authority

Developer Wins Leave to Challenge Land Acquisition by Islamic Authority

by Ida Lim

The Shah Alam High Court today allowed a private developer to legally challenge the Selangor religious authorities’ compulsory acquisition of its land.

According to private developer United Allied Empire Sdn Bhd (UAE)’s lead counsel Rosli Dahlan, High Court judge Vernon Ong also froze all action on the 26-acre plot of land until the end of the judicial review proceedings.

“The judge gave a full stay until the judicial review (is fully heard),” Rosli told The Malay Mail Online.

On January 23, the High Court had granted an interim stay, temporarily blocking all action on the land until it delivered its decision today on UAE’s application for a judicial review.

Rosli said the judge today also allowed UAE to include their requests for declaratory reliefs in the judicial review case. He explained that the court usually only allowed judicial review applicants to ask for an order to quash the alleged wrongful actions.

The hearing date for the judicial review has not been set.

In the lawsuit, UAE had accused the Selangor Islamic Religious Department (Jais) of abusing their powers to grab its land in Bestari Jaya — an area formerly known as Batang Berjuntai — in the state’s Kuala Selangor district.

 The developer claims JAIS’s declared intention for land acquisition in a government gazette contradicts a notice of MAIS's proposed project, which is seen in front of the existing Masjid Ar-Ridwan mosque in Batang Berjuntai, Selangor.


Given 1 acre by UAE (the Developer) for a Mosque, but MAIS acquired 26.281 acres

UAE had written to Prime Minister Datuk Seri Najib Razak and Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim last April 12, seeking their intervention on the dispute with Jais and other state bodies, but no reply was received, Rosli said last month.

UAE had written to Prime Minister Datuk Seri Najib Razak and Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim last April 12, seeking their intervention on the dispute, but no reply was received, lead counsel Rosli Dahlan said last month.

UAE had written to Prime Minister Datuk Seri Najib Razak and Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim last April 12, seeking their intervention on the dispute, but no reply was received, lead counsel Rosli Dahlan said last month.

As a last resort, UAE last April 22 applied for a judicial review to revoke the compulsory acquisition of its land measuring 26.281 acres — roughly the size of 20 international football fields.

UAE said Jais had hidden their real intention to build a fully integrated Islamic school with hostel, shelter and rehabilitation centre on the land. The government had gazetted the land for the construction of a giant mosque.

The ethnic Chinese-owned company has also accused the state authorities of purported racial oppression and violation of its constitutional rights. It alleged that the religious bodies had abused their powers to avoid paying fair compensation for the land and had shored up their land bank for future development.

According to UAE, compulsory acquisition of private land was only allowed if it benefited the public under Article 13 of the Federal Constitution. The same article also says that property owners should receive adequate compensation for the compulsory acquisition or use of their property.

In its judicial review application, UAE named the Director of Selangor’s Land and Mines Department, the Kuala Selangor land administrator, Jais, the Selangor Islamic Religious Council (MAIS), Selangor Zakat Board and the Selangor government as respondents.

The developer also argued that the land authorities’ decision to allow the acquisition amounted to an “unreasonable exercise of power” for failing to ensure legal compliance.

Also read the previous article : here

Court lifts ban on Irshad Manji’s book


September 5, 2013

Home Affairs Ministry’s Ban on Irshad Manji’s Book removed

by Hafiz Yatim@ www.malaysiakini.com

NONEThe Home Ministry’s ban on the book by controversial Canadian author Irshad Manji titled ‘Allah, Liberty and Love’ has been removed.

This follows Kuala Lumpur High Court Judge Justice Zaleha Yusof’s decision to allow ZI Publications Sdn Bhd’s application for judicial review today.ZI Publications, the publisher of the Malay translation of the book, had sought to quash the Home Ministry’s ban against the book as sales of the English version had been in the market over a year prior to the translated version.

UPDATED

ZI Publications and Home Ministry

by Hafiz Yatim @http://www.malaysiakini.com

The Home Ministry’s ban on the Bahasa Malaysia version of controversial Canadian author Irshad Manji’s book ‘Allah, Liberty and Love’ has been lifted.

This follows Kuala Lumpur High Court judge Justice Zaleha Yusof’s decision today to allow ZI Publications Sdn Bhd’s application for judicial review on the Bahasa Malaysia version.

NONEIrshad Manji’s (right) book was banned by the Home Ministry on May 29, 2012 and the ban on the English version remains.

ZI Publications, the publisher of the Malay translation of the book, had sought to quash the Home Ministry’s ban against the book as sales of the English version had been in the market over a year prior to its translated version ‘Allah, Kebebasan dan Cinta’.

Justice Zaleha in her broad grounds reasoned that the English text has been on sale in the Malaysian market for a year and had not cause any disruption to public order. She asked if it is true the book was prejudicial to public order, then why was no action taken to ban the English version when it was first circulated.

“Why was the prohibition made only when it was translated to the national language?As I understand it, the root of the respondents’ concern is it would result in religious confusion as the authority decided to ban the book only when it was translated into Bahasa Malaysia.Does this mean that only the Malay speaking readers will be confused while English readers would not?”

Argument fortified

Lawyer Nizam Bashir who appeared with K Shanmuga for ZI Publications, said this fortified their argument that the sale of the Malay translated version would not result in untoward events.

Nizam indicated that the judge is expected to write the full grounds later.
NONEIn their judicial review application, ZI Publications helmed by Ezra Zaid (right), had named the Deputy Home Minister, Home Minister and the government as respondents.

The company claimed they were not allowed any opportunity to voice their views before the Deputy Home Minister’s ban on the printing, importing, producing and selling of the book last year.

They further claimed that the book only contained opinions in the form of brief summaries criticising current approaches in the administration of the religion, which were not harmful.

The ban, they alleged, was null and void as it was inconsistent with Article 10(1)(a) and 8(1) of the federal constitution, related to freedom of speech and expression. They are seeking to have the order declared nullified, with costs.

Besides this case, ZI Publications had also filed another judicial review application to challenge the power of the Selangor Islamic Affairs Department to prosecute them in the Syariah court citing it limited the company’s freedom of expression.

It was also reported that the Home Ministry and Federal Territory Islamic Department (JAWI) had been ordered by the Kuala Lumpur High Court to drop the syariah charge against Borders Gardens store manager Nik Raina Nik Abdul Aziz for distributing the book.

Justice Zaleha Yusof had ruled that JAWI’s raid on March 23, 2012 predated the ban order issued by Home Ministry and that the prosecution of Nik Raina amounted to retrospective enforcement.

Nik Raina’s withdrawal of the charge was supposed to be heard at the KL Syariah High Court on August 28, then postponed to September 3 and postponed again to September 13.

This resulted in the Lawyers for Borders issuing another letter dated September 3 to the court and JAWI, expressing the hope that there are no more postponements as any judge could hear the matter.

Singapore: Softer Part of Nation Building


November 19, 2012

Singapore: Softer Part of Nation Building

By Seah Chiang Nee (11-17-12) @www.thestar.com.my

For decades, the government had regarded chasing after gross domestic product and accumulation of reserves as the supreme objective, done at the expense of other developments. However, it still lacks the “graces of a civilised society” such as music, culture and the arts.

WITH the foreign population topping a historic two million mark, materialistic Singapore is seeking to turn more towards values it was rarely famous for.

“We can’t just measure our success by GDP growth…but also by the growth of our values: compassion, empathy, altruism, love for our fellow citizens,” said Prime Minister Lee Hsien Loong.

This is the second time in three months Lee has referred to the softer part of nation-building, something not often emphasised in 47 years of independence.

It comes at a time when division in this over-crowded city is growing between locals and foreigners as well as between Singaporeans themselves.

In his National Day Rally in August, Lee dwelt on how Singapore could become a home with heart, where people become more gracious.He also set up a “national conversation” in which values became a regular theme.

Society is undergoing a period of transformation as more foreigners continue to be admitted to fuel its economic growth and make up for a low birthrate.

At end of 2011, the number of foreign workers, including permanent residents, reached 1.926 million, but by mid-2012, it totaled 2.027 million – 38% of a population of 5.3 million.

For decades, the government had regarded chasing after gross domestic product and accumulation of reserves as the supreme objective, done at the expense of other developments.

The result has been a “golden era” of economic growth. But as Lee Kuan Yew, then Senior Minister, himself admitted eight years ago Singapore was every bit a First World nation.

However, it still lacked the “graces of a civilised society” such as music, culture and the arts.

“The generation now in their 30s to 50s can take Singapore there in the next 15 to 20 years. The best is yet to be,” Lee added. It implied he was leaving the problem to the current leadership under his son to resolve, and could be the cause of PM Lee to start emphasising on “compassion, empathy, altruism, love for our fellow citizens.”

The pursuit of the dollar – from the government and corporations downwards to the ordinary citizens – has become so strong that it has clouded some Singaporeans’ sense of ethics and morality.

This money preoccupation stems from many of the young to senior citizens who flock to 4-D shops and casinos.It includes employers who exploit foreign workers before packing them home and girls traded into prostitution by boyfriends, all under the influence of making money.

I have heard cases of kids expressing shame at their father’s small Japanese car “when their friends were being driven in luxury vehicles”.One child reportedly told his father not to pick him up in his old car too close to his school gate.

Some teachers commented that it began with the schools and the choice of studies. For most students acquiring knowledge or serving society is the last thing on their mind.

“By and large students choose subject they can easily score distinctions rather than what they like or need,” said a retired school principal.

As a result few readily choose to study literature or history, which are useful to learn but hard to score good grades, she said.They are also shunned by parents because they don’t make money.

Yet these subjects often teach young people about humanity about what is right and what is wrong about life.

I remember the occasion when (then Deputy Prime Minister) Dr Goh Keng Swee called for a wider teaching of Humanities not only for individuals but society as a whole.

Books like Shakespeare, the Three Kingdoms or English literature are not only interesting, but are a treasure cove on ethics and morals.Science, Math and Engineering are useful, but just as important to any society is the old wisdom or values.

In Singapore we have too many who choose to study finance, medicine and law where the money is.

The habit of sitting quietly to read a literature book or the humanities helps to moderate temptations of modern times and provides a balanced sense of right and wrong.It teaches us to express ourselves and articulate well.

“We learn what we should do or not do, what we should say or not say.Literature is not a popular subject among Singapore’s students. Our education system as everyone well knows places a huge emphasis on scores and grades,” wrote Elaine Ee.

Holding a masters degree in Comparative Post Colonial Literature from the University of London, she said: “Waxing lyrical about the benefits of studying literature doesn’t address the issue that Singapore schools face either.As long as grades remain what makes or breaks a student in our system.”

A local DJ, Anna Lim commented to Lianhe Wanbao that Singaporeans are well educated but have poor upbringing.

“Singaporeans reserve seats with tissue paper packets and they leave trash behind after gatherings”, she said.

“On the MRT, they do not give up their seats to the needy, neither do they allow alighting passengers to get off before squeezing their way into the carriage.”

Students compete both academically and in the sporting arena, she said. “It certainly makes us afraid and it saddens their teachers,” she said.