Our courts are being turn into a circus BN's political gain! Shameless!!

Something rotten at the Duta courts

Jun 25, 11 6:26pm

Shakespeare wrote in the play 'Hamlet' that "something is rotten in the state of Denmark". Court of Appeal judge NH Chan had also made similar remarks when he wrote the Ayer Molek Rubber Co Bhd vs Insas Bhd judgment in 1995, where he described the case he was presiding over as being about an injustice perpetrated by a court of law.

Can yesterday's conviction of the infamous 'Datuk T' trio be said a travesty of justice deserving the local version that goes "something is rotten in Duta courts" resulting in possibly another charge looming over Opposition Leader Anwar Ibrahim?

Anwar had yesterday maintained the government's conspiracy in the matter, asking how can one respect a government when its instruments are so blatantly used politically.

Let's back-track a bit before returning to the conviction. The video was screened on March 21 at the posh and historical Carcosa Seri Negara Hotel by the Datuk T for several invited editors and journalists in a room booked under the name of former Malacca chief minister Abdul Rahim Thamby Chik, who is also Risda chairperson.

Rahim is part of the Datuk T trio that also comprised businessperson Shazryl Eskay Abdullah and former MP Shuib Lazim - all three later claimed responsibility for the event. The three protagonists had called on Anwar to resign.

This led to Anwar issuing a statement on the same day, March 21, denying that he was the man in the video and lodged a police report the next day.

As a result, the trio was called in and it was during this time Eskay said he had handed the only copy of the sex tape to the police.

However, parts of the clip made their way online just before the Sarawak state elections, only to resurface last month, this time in full. It also made its way to the homes of village headmen and politicians via post.

After a period of silence, Eskay took a religious oath at a Sentul mosque - complete with bullet-proof vest - to swear that Anwar was the man in the video.

He repeated himself yesterday when the facts of the case were being read out in court, telling the court that the man in the video who resembles Anwar, was indeed the politician.

Subsequently the trio pleaded guilty to be fined a total of RM5,500.

Discrepancy before yesterday

When Eskay told reporters on Wednesday that he would be charged on Friday, several parliament reporters claimed that they spotted Rahim apparently meeting Prime Minister Najib Razak in the august House.

While Najib denied the meeting took place, Anwar maintains it did indeed happen, suggesting that it would probably lead to the charge being reduced, thus adding muscle to his assertion of a political conspiracy.

The trio - Eskay, Rahim and Shuib - were the main actors along with DPPs Kamaludin Md Said and Mohd Hanafiah Zakaria and respected lawyer Muhammad Shafee Abdullah as well as two other defence lawyers.

Another bombshell dropped before the Datuk T trio were charged was when Umno-owned Utusan Malaysia published a story yesterday quoting Eskay as saying he was ready for any outcome with the article aptly titled 'Kami sedia apa saja hukuman' (We are prepared to face any punishment).

So Utusan had a scoop, probably because they knew the high possibility of all three preparing to plead guilty.

The same report stated that the trio would be charged under Section 5 of the Film Censorship Act, for circulating, exhibiting, distributing and displaying an obscene film, which is punishable by a fine of not less than RM10,000 and not more than RM50,000 or imprisonment for a term not exceeding five years or both.

Utusan however got that charge wrong when prosecution filed a lesser charge against Datuk T. Anwar pounced on this to back his political conspiracy accusation.

Proceedings in court

Before the arrival of the accused, reporters somehow knew in advance that the case would be heard at magistrate's court three and rushed up there.

Normally, a case would have to be registered first, only then will the courtroom be known. That is the normal procedure any lawyer will tell you to ensure that there is no fixing of judge or magistrate.

It could not be determined if the case had been registered first when the counter opened at 8am and that Eskay and co were told to arrive at that time, but they instead presented themselves sometime around 9.15am in court.

According to reporters covering the trial, two widescreen televisions were already placed in court as a possible prelude to the video being screened.

Some lawyers who were not watching the case but were in the massive court complex were heard murmuring that the protests outside the court in support of Datuk T and the charging were merely a sideshow - a show which has entranced and held the whole nation captive as the three-and-a-half hour proceedings rolled on.

Another point of oddity was when the charge was read out under section 292 of the Penal Code, all three had asked for a break to consult their counsel, as this was "a new charge".

When the case was recalled, they pleaded guilty and suprisingly, the facts of case had already been conveniently prepared.

The normal proceedings in such cases in a magistrate's court is that when a person pleads guilty, the prosecutors would seek more time - usually a few hours or in the afternoon and sometimes the next day to prepare the statement.

However, in this case, after a 45-minute interval, the charge was read again and all three entered their plea with the statement of facts ready to be read out in court.

The five-page fact sheet appeared to have been carefully crafted to implicate Anwar in the video as his name was mentioned at least five times right from the first paragraph.

Then came the real jolt when Shafee and not the prosecution told the magistrate that according to case laws, many such cases had been thrown out on appeal because the obscene material had not been screened.

He then applied for the 20-minute sex-clip to be shown in court. The prosecution and other defence counsel raised no objections.

The tape then appeared on the two big screens, which had been been placed there earlier.

Then Shafee began his lengthy submission in mitigation, representing the third defendant, Rahim.

He stated that the revelation of video was made in the defence of the public good and his client's role was merely booking the hotel room. The other two counsel then delivered their submissions.

Merely coincidences or conspiracy

Putting together all the incidents, what is a sane person to assume - that they were merely coincidences or a meticulously crafted consipiracy as claimed by Anwar?

This despite the foreign expert findings that the person performing the sex act resembled the opposition leader.

The tape was shot before the crucial Sarawak election and the other point is that Anwar, who is facing an ongoing sodomy trial at that time, had successful block the admission of three crucial evidence retrieved in the police lock-up - the toothbrush, the mineral water bottle and white towel.

The other point not mentioned earlier is that Eskay himself was embroiled in a legal battle involving a RM20 million suit he filed against Merong Mahawangsa Sdn Bhd and one of its directors, over the construction of the Johor Baru crooked bridge. The High Court ruled against him.

It is strange that the sex tape investigations took three months as according to a retired senior police officer, in such cases the person caught would be charged within a week. The clip was also widely distributed after Eskay had handed what he claimed as the only copy to the police.

Were hidden hands at work when what was reportedly a charge under the Film Censorship Act as was highlighted in Utusan was reduced to a lesser offence under the Penal Code?

Is it a coincidence that big screen televisions were placed in court before the start of proceedings and the facts of case conveniently prepared.

As the facts present themselves, the readers can decide whether something rotten really happened at the Duta Court yesterday.

Is the poem below seditious? What do the police know about poems anyway?

National laureate A Samad Said today decried police investigations into his poem recital during a Bersih 2.0 event and said the authorities are now treating poetry as a weapon.

The septuagenarian was hauled up for about 90 minutes of questioning today at the Dang Wangi district police station on his poem recited during the June 19 'launch' of the Bersih 2.0 rally.

(Refer to the poem Unggun Bersih below)

"Poetry has now become something extraordinary; it has now become a weapon," he told a throng of journalists jostling to hear the soft-spoken man.

Pak Samad, as he is popularly known, is being investigated under Section 4(1)(b) of the Sedition Act 1948 and Section 27(5) of the Police Act 1967 which relates to unlawful assembly.

The laureate, easily recognisable by his shock of white hair and long white beard, said he was "saddened" that the authorities viewed his poem "with prejudice".

“In my poem, I did say that we need to purify democracy, not muddle it or pollute it... and in poetry, those are suggestions that are very pure and should be appreciated, not viewed suspiciously.

“Personally, I find it rather strange why this has happened. A writer contributes through his art, to document a situation that is worsening, (but) it is viewed with such prejudice. This saddens me so,” he said.

Samad pointed out that rather than cowing the nation's literary community, the actions of the police against him could likely spur a more spirited movement from his peers and fellow writers in pursuing the freedom of expression.

“It may be seen as a warning, but for writers, this would spur them and encourage them as they begin to realise that literature has power too,” he said.

"I intended to produce something that was pure, not to incite," he said.

"It is the actions of the police that will spur the nation's literary community to respond to his predicament.

"This act should motivate our literary community (to state their views openly),” Samad said when asked if the investigation into his poem would spook other writers and artistes from going public with their views.

'Art cannot be interrogated'

Samad's counsel, N Surendran, slammed the police for launching the probe into his client's poem, stressing that this could possibly be the first time a literary great is being hauled up for “simply reading a poem”.

Surendran claimed the police had also asked “strange” questions, which insinuated that the Bersih 2.0 rally is politically motivated and at other times, matters completely unrelated to the investigation.

“They asked him where he got his datukship, whether the poets at the event (Bersih 2.0 launch) were paid to read out their poems and they even asked him if the event is politically motivated.

“I cannot recall an instance where a national laureate has even been investigated for poetry... we cannot cross-examine or interrogate art,” Surendran said.

Samad stood firm in his support for the rally, saying it should not be allowed to be hijacked and turned into a racial issue.

“I don't want to touch on race. This is not about one race going against another, this is about Malaysians... I will be there,” he said.

Samad, a celebrated Malay poet and novelist, is no stranger to protest rallies, being one of the big names who joined the March 2009 mass gathering to protest the government's policy on the teaching of Science and Mathematics in English (PPSMI).

A strong proponent of Malay literature, he penned at least a dozen novels and countless poems, and has also worked as a journalist in several national Malay-language papers including Utusan Melayu, Utusan Malaysia and Berita Harian.

He was honoured as a national laureate, or Sasterawan Negara, in 1985.

Suhakam: Respect freedom of assembly

Meanwhile, in another related development, the Human Rights Commission of Malaysia (Suhakam) reiterated its position that it is the right of members of public to assemble and to express their views in a peaceful manner, as provided for under Article 10(1)(b) of the federal constitution, as well as Article 20(1) of the Universal Declaration of Human Rights.

The statutory human rights institution has called on the government to respect the freedom of assembly in many of its previous annual reports submitted to Parliament.

The reports also recommend that proportionate and non-violent methods be employed should the police find it necessary to control or disperse a crowd during an assembly.

"The commission calls on the authorities to allow the planned peaceful assemblies to be held, and on the parties intending to hold these assemblies to exercise their rights in a peaceful and responsible manner.

"The commission shall duly monitor the event," its chairperson Hasmy Agam (above, right) said in a statement issued today.

THE POEM

Note: A. Samad Said read out only the last two stanzas of his poem

Unggun-bersih

Semakin lara kita didera bara -
kita laungkan juga pesan merdeka:
Demokrasi sebenderang mentari
sehasrat hajat semurni harga diri.

Lama resah kita - demokrasi luka;
lama duka kita - demokrasi lara.
Demokrasi yang angkuh, kita cemuhi;
suara bebas yang utuh, kita idami!

Dua abad lalu Sam Adams berseru:
(di Boston dijirus teh ke laut biru):
Tak diperlu gempita sorak yang gebu,
diperlu hanya unggun api yang syahdu.

Kini menyalalah unggun sakti itu;
kini merebaklah nyala unggun itu.



The Bersih Fire
(translation)

As the coals that molest us rage higher
we shout still the message of Merdeka
for democracy as bright as the sun
as pure as dignity our purpose is one

Deep is our worry - as democracy's wounds
long is our sadness - as democracy's woes
at arrogant democracy we scorn
for a strong free voice we dream

Two centuries ago Sam Adams decreed
in Boston was tea poured into blue seas
no need for riotous shouts full of ire
only for a truly heartfelt fire

Alight now the sacred fire
spread afar raging higher.

Police arrest the good people while voilent people runs free!

As the police dragnet for Bersih 2.0 supporters widens, more have been arrested, including lawmakers.

According to human rights NGO Suaram, Senator S Ramakrishnan (right) was arrested last night for 'promoting' Bersih 2.0 at a DAP dinner in Banting.

“At the dinner, I spoke at length about the unfairness in the elections like the gerrymandering and the political corruption. So I asked the people to support Bersih in whatever way they can,” he told Malaysiakini when contacted.

He added that about five policemen surrounded him and arrested him just as he was about to get into his car after leaving the function at about 9.30pm, citing that he was 'inciting people to participate in an illegal assembly'.

He said that he was also asked if he knew who the organisers were and whether he was paid to 'instigate'.

“I just kept mum and exercised my right to only answer it in court,” he said.

Telok Datuk assemblyperson from DAP Philip Tan (left) was also arrested yesterday evening for wearing the Bersih 2.0 T-shirt at the same function.

They were released after having their statements taken at the Kuala Langat district police headquarters several hours later.

According to the Suaram website, since last Wednesday 81 people have been arbitrarily arrested and detained at various locations in the country.

A group of Umno Youth members gathered in front of their arch nemesis PKR's headquarters in Petaling Jaya late last night (27 June) in a noisy demonstration, threatening to burn down the building.

About 300 people, according to PKR estimates, had converged on motorcycles and demanded that PKR withdraws its support from the Bersih 2.0 march on July 9.

PKR secretary-general Saifuddin Nasution, who rushed to the HQ after being alerted by party members, said he arrived at about 11pm and observed the demonstration from a distance.

"How do I know they are Umno members? First of all, they were carrying Umno flags and they were wearing their red 'Patriot' T-shirts,” he told Malaysiakini.

“I could also see (Umno Youth exco Lokman Adam) and (former Perkasa Youth chief Arman Azha Abu Hanifah) leading the group."

Incendiary speeches on tape

Saifuddin (right) also said that when he got there with several party members, they recorded the fiery speeches made by Lokman to the Umno Youth crowd.

"He said that he wants to burn down the PKR HQ. He can deny it all he wants, but we have the recording," he said.

PKR Youth deputy information chief Rozan Azen Mat Rasip, who was also there, confirmed that Lokman had explicitly threatened to burn down the headquarters if the party participates in the July 9 rally.

"He also threatened (PKR de facto leader Anwar Ibrahim) and (Bersih 2.0 steering committee chairperson) S Ambiga for supporting the rally," he said, adding that about 50 PKR Youth members were there to monitor the demonstration.

According to Rozan (left), the Umno Youth group gathered in two locations - at a petrol station in Shah Alam and at the Batu Tiga toll plaza on the Federal Highway - before making their way to the PKR HQ in Tropicana. This was based on information in pro-Umno blogs.

He lodged a police report at the Tropicana police station, just a few doors down the road from the HQ, at about 11.40pm, almost immediately after the crowd had dispersed.

No arrests made

Rozan said he saw about 20 heavily-armed police officers on standby at the protest although no arrest were made.

"That's why we're puzzled," he said, urging the police to investigate the case under criminal intimidation.

Though Bersih 2.0 - which stands for the Coalition of Free and Fair Elections - claims to be a politically non-partisan group, PKR is expected to mobilise tens of thousands of its members from around the country for the massive rally.

In calling for electoral reforms, Bersih 2.0 intends to hand over a petition to Istana Negara detailing their eight demands before the next general election.

However, Umno Youth has said that it will also organise a counter-rally on the same day, calling it the 'Patriot' rally, in support of the current electoral system.

Movement chief Khairy Jamaluddin had previously said that their objective is to defy Bersih 2.0, as well as to support engagement with the Election Commission.

Malay rights NGO Perkasa has vowed to hold a counter-rally in a bid to stop the Bersih rally.

Are Malaysian Judges are qualified to be judges?? An expert's opinion here!

Constitutional law expert Shad Saleem Faruqi said he finds it "scandalous" that judges or the chief justices are appointed without having to study local laws.

"Almost 90 percent of all superior court judges and most of the senior lawyers of the Bar are trained abroad," he told an international conference themed 'Decolonising Our Universities' in Penang today.

"Most are steeped in the English tradition of parliamentary supremacy and that of an unwritten constitution. They are blissfully unfamiliar with constitutional jurisprudence and adroitly avoid or evade constitutional issues."

Shad Saleem (left) claimed that they do not have to study Malaysian laws for a single day, do not undergo a bridging course, and serve without understanding the philosophical and political underpinings of local legislation.

In many monumental cases attracting issues of constitutional supremacy, fundamental rights, federal-state relations, implied limits on Parliament's powers and judicial independence, constitutional arguments are "brushed aside and the case is reduced to one of administrative laws doctrine of ultra vires".

When a participant asked if any laws in the country contradict the constitution, Shad Saleem responded: "Where do I start?"
He then referred to the Printing Presses and Publications Act where the home minister has absolute discretion to approve or reject annual applications for newspaper licences.

In addition, the Official Secrets Act says that anything - even how many cups of tea a minster drinks - may be declared a 'secret'. There is also no recourse to the law to define what is secret and what is not.

"How can laws like this reconcile with Article 10 of the federal constitution which allows freedom of speech and other freedoms? When we give ministers the absolute discretion to decide, we consider them supreme and the constitution becomes irrelevant."

Shad Saleem further said the Legal Profession Act permits foreign lawyers to be admitted on an ad hoc basis to argue special cases.

He noted that a few years ago, Queen's Counsel Cherie Booth (left), the wife of former British premier Tony Blair, had been invited as a human rights expert to cover a case which hundreds of local lawyers could have handled just as well.

"Fortunately, the judge was not an Uncle Tom, and disallowed her application," he quipped.

(IdiomDictionary.com defines 'Uncle Tom' as an 'old-fashioned person who is happy to be told what to say and how to vote'.)

Shad Saleem said although most of the Malaysian law faculty staff were locally trained (at undergraduate level), the "persistence of the colonised mind exhibits itself in many ways".

This is because, the favoured destinations for Masters study courses are generally the UK or Australia, while Asia and Africa are avoided, he said.

"It is quite insulting to say this but usually it would be deemed more favourable to go for a holiday in Washington, rather than to Nagore or New Delhi," he quipped.

Contradiction in terms

He went on to say that most external examiners and visiting professors are from the UK, the US or Australia, and that Asian scholars are generally not considered for such honour.

For seminar participation or a number of prestigious lecture series, the preference is again for British or Australian lecturers. Asian scholars are either not known or are regarded as not being up the mark.

"A few years ago, Tony Blair (left) - who the world knows lied about Iraq to justify the colonial and racist war (on Iraq) - was invited by Universiti Malaya to deliver the Sultan Azlan Shah Lecture, the most prestigious law lecture series. He was also paid by a private organisation to give a talk at a private function.

"Obviously mass murderers from the US and UK still deserve our worship but Malaysian voices of concern are raised when an Asian/African miscreant like (Zimbabwe's Robert) Mugabe or (Sudan's Omar al-) Bashir seeks to visit Malaysia," he added.

Shad Saleem had served as 'judge' at the Kuala Lumpur War Crimes Tribunal to look into issues related to the Iraq invasion in 2009.

He is visiting professor at Universiti Sains Malaysia which organised the seminar with Penang-based NGO Citizens International. The event drew about 200 people from across Asia.

Ibrahim Ali speaks his mind!

And gets away with it without fear of getting arrested at all.

How nice would it be if all Malaysian are able to speak their mind freely without the fear of being arrested under ISA or be charge for Sedition!

But why do ordinary Malaysian have this fear in them? Is it because we have seen people like Theresa Kok and the Sin Chew reporter Tan Hoon Cheng getting arrested under Section 73 (1) of the ISA in 2008. For just doing their job!

Or could it be because (in 2009) DAP chairman Karpal Singh was charged under the Sedition Act for having expressed the intention to take the ruler of Perak to court?

How does those "sins" compare to Ibrahim Ali who had threaten Christians nationwide with a holy war against any move to usurp Islam with a Christian state.

In that incident he was neither charge or sent to jail under ISA.

I guess you can't blame him for being bolder to now threaten Chinese nationwide with violence!

"Never in the history of Malaysia, since independence, have such threats been made so openly"

Yet do we expect any action to be taken against Ibrahim Ali?

The answer is surely a big NO!!

But Why??? How can Ibrahim Ali and his Perkasa get away with this without any action from the Police or government?

See how violent they are here!

During the launch of Perkasa's 'Peace March' yesterday, members of the Malay rights pressure group took to burning and stomping on pictures of Bersih chairperson Ambiga Sreenevasan, a former Bar Council president.

Ibrahim then threatened that chaos would ensue if the rally for electoral reform is not cancelled.

“Imagine, ladies and gentlemen, if the Bersih rally is not called off and they go ahead with it - if they don't cancel it on July 8 or 9 - I believe the Chinese community, many of them, will have to stock up on food at home. Anything can happen on that day."

Perkasa has called for a counter-rally dubbed 'Peace March' on July 9, while Umno Youth also plans to hold a simultaneous rally to defend the current electoral system.

But the electoral system is very screw up! Here is prove!

So why is defending it?!? If you read the article above about the prove of our screwed up electoral system, you will realize very quickly how the screwed up system is benefiting UMNO!!

So why is Ibrahim Ali helping UMNO?!?

I leave you to come to your own conclusion!

I hope all Malaysian will come out in full force to support the Bersih rally!

This is for the sake of Malaysia!!

It is the only way we can eventually bring Ibrahim to justice!

Malaysian Justice fully support BERSIH!!

BERSIH has 8 demands for the Election Commission.

They are:

Clean the electoral roll

Reform postal vote

Use indelible ink

Free and fair access to media

Minimum 21 days campaign period

Strengthen public institutions

Stop corruption

Stop dirty politics

For a more details, please see this page.

MALAYSIAN JUSTICE WILL BE THERE TO SUPPORT THIS WORTHY AND NOBEL CAUSE!

BE A TRUE MALAYSIAN AND COME OUT FOR SAKE OF MALAYSIA!

Wikileak shows What US thinks about the Perak Constitutional Scandal!

From Malaysiakini

The notion that the Malaysian judiciary is not independent has been reinforced by rulings delivered in the legal saga that followed thePerak constitutional crisis in 2009, according to US diplomats.

It was also noted that well financed political coalition like BN could persuade members of parliament to support the other side, thus shifting power through undemocratic means.

These views were revealed in a WikiLeaks cable made available toMalaysia Today.

The cable quoted comments from a US embassy official that questions had already been raised on the independence of the judiciary in connection with the Anwar Ibrahim trials and other cases.

“This Federal Court decision in BN's favour (in Perak) raises renewed questions about the independence of the Malaysian judiciary,” the cable said.

“Before the Federal Court decision, the (Perak state) assembly would have instead been dissolved for fresh elections but now the sultan can legitimise the takeover without voter input.”

The diplomat noted that, while the government argues that the decision was based on a sound interpretation of the Perak constitution, the opposition had criticised the verdict as legitimising illegal political manoeuvering to change the outcome of democratic elections.

“This sets a dangerous precedent by implying that the (Agong) could remove the prime minister, without a no-confidence motion in Parliament,” the official said.

The Federal Court's 5-0 decision on Feb 9, last year ruled that Pakatan Rakyat menteri besar Mohd Nizar Jamaluddin could not continue to govern Perak when he had lost majority support in the state assembly.

Chief Judge of Malaya Justice Arifin Zakaria (left), reading out the 41-page judgment, said that to allow Nizar to do so would be against the principle of democracy. However, Arifin said this is by no means the end of the matter.

"It is always open for the appellant (Nizar) to bring a vote of no confidence against the respondent (BN's Zambry Abd Kadir) or make a representation to the sultan at any time if he thinks the respondent does not enjoy the support of the majority of members of the legislature," he said.

The bench, led by the President of the Court of Appeal Justice Alauddin Mohd Sheriff, then declared Zambry the lawful menteri besar.

The other three judges were Justices Zulkefli Ahmad Makinuddin, Mohd Ghazali Mohd Yusoff and Abdull Hamid Embong of the Federal Court.

Spotlight on royal powers

The cable further noted that the powers of the sultan had come under scrutiny because replacing a chief minister or menteri besar is not mentioned in the Perak constitution.

By virtue of the unanimous court ruling, Sultan Azlan Shah (right) of Perak would have the authority to appoint a new menteri besar if he believes that a different political coalition commands the majority of seats in the state assembly.

The diplomat noted that the only way to fairly resolve such a crisis would have been to hold snap election, as Nizar had sought to do in seeking an audience with the sultan.

Diplomats who interviewed some of Nizar's lawyers over the Federal Court verdict described the decision as a “political decision” rather than a “constitutional decision”, and said such a verdict would result in it rewriting its past decisions and the constitution.

Nizar was also quoted by the diplomat as saying that the ruling would result in a “dangerous precedent” where the prime minister or chief minister holds office at the pleasure of the Agong or sultan.

While Prime Minister Najib Abdul Razak had appealed to everyone to respect the court's decision, Anwar was quoted in the diplomat's report as saying that Umno and BN "do not have the courage to face the people" in elections.

DAP leader Lim Kit Siang was quoted as calling it a "legalisation of BN's coup d'etat."

Malaysiakini does not exist!! Wow!! Stupid Judgement!

8 June 2011 - Malaysiakini

One of the most ridicules and blatantly bias judgement!!

The Shah Alam High Court has affirmed the coroner's decision not to cite Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz for contempt during the Teoh Beng Hock inquest.

Justice Akhtar in his judgment today acknowledged that the Malaysiakini reporter's affidavit was based on a telephone conversation with Nazri.

However, he said there is total lack of evidence to prove Malaysiakini is an electronic media, resulting in the court viewing the appeal as problematic and frivolous.

"Following this, the court dismisses the application," he said.

Teoh's family had sought to cite Nazri(left in photo) for contempt for calling Thai pathologist Dr Pornthip Rojanasunand (right in photo) "a liar" in relation to her claim that she had beenthreatened by the Malaysian authorities not to testify at the inquest.

Outside the court, Karpal said "A minister's utterance of such words of contempt is a serious offence before the court and hence, action should have been taken by a court of law,"

'Surprising finding'

Karpal also expressed amazement that Justice Akhtar did not find evidence that Malaysiakini is an electronic media.

"The court took judicial notice that it cannot find proof thatMalaysiakini is an electronic media, and we are perplexed with this finding," he said.

"Malaysiakini is a recognised electronic media and for the court to state this as a finding is certainly surprising."

Karpal (right) also hopes to clear this issue with the court.

On May 21, last year coroner Azmil Muntapha Abas had escaped contempt proceedings when he ruled that the remark made by Nazri was “his own opinion”.

The coroner, however, said it was not acceptable for Nazri to accuse Pornthip, an expert witness, of lying.

Don't shoot the Tourisim Minister...

I mean don't shoot the Tourisim Minister only!

What really happen with the Tourism Ministry spending with regards to FB??!!

The Domestic Trade, Cooperatives and Consumerism Minister is just as bad!!!

Its no wonder the govt has blown their annual budget already!!

From Malaysiakini

The RM1.4 million 1pengguna.com website, which had been marred by technical glitches and a security breach, has been fixed and improved, according to the domestic trade, cooperatives and consumerism minister.

For all Ismail Sabri Yaakob's assertions, however, a subsequent check of the website has revealed that some of the problems and weaknesses persist.

The website was launched last week to allow consumers to check and compare the prices of products sold at hypermarkets, supermarkets, wet markets and convenience stores nationwide.

But users have complained that the price list is incomplete and that the user interface is nowhere near worth the RM1.4 million invested in it.

Following complaints from readers, Malaysiakini browsed through the website and found several shortcomings:

1. Users can only compare prices offered within specific localities, while a comparison across different districts is not available.

For example, no comparison is available of retail prices within Petaling Jaya. Instead, consumers have to select one of three localities - Damansara, PJ Old Town or Seri Setia - and find comparisons within that locality.

2. Users can only compare prices under the same category - hypermarket, supermarket, wet market or convenience store. So, they cannot compare prices at Jusco with those at Tesco because one is a supermarket and the other is a hypermarket.

3. No search engine is provided. Users have to select the state, district and area from a list, followed by type of retailers, name of retailers, then browse through a long list to select the product before checking the price.

Asked about these problems, Ismail admitted that the website does not allow users to compare retailers of different categories.

"Cannot, you can only compare apple with apple," he told a press conference after he launched the Malaysian Consumer Law Journalin Kuala Lumpur this morning.

On the absense of comparison among retailers in different localities, he argued that users can do this by checking the product price in a particular locality and repeating the process in other localities.

Expensive modification?

Users have also poked holes in the website design, claiming that it is not original but modified from a free template provided by an open source social networking portal.

A user has uploaded a short clip on video-sharing website Youtube to show that the 1pengguna portal is constructed based on a free website theme named 'Seashells'.

This is easily verified by checking the page source of the website.

The user also discovered from the ministry's home page that the contract for construction of the1pengguna portal was awarded to Sands Consulting Sdn Bhd on Dec 21, 2010, at RM1,478,000 a year.

Many questioned the exorbitant cost after the website crashed due to high traffic. It was hit by a security breach last week, which allegedly led to the leak of personal data of over 2,000 users.

But the ministry has denied that any information is missing from the website.

So what is the KPI on this?

Govt blows their annual budget! Its only June!!

From Malaysiakini

The federal government's attempt to secure a RM13 billion supplementary budget only shows that it is not prepared to tighten its belt when it expects the public to do so.

In a statement today, DAP secretary-general Lim Guan Eng said this request is unfair as the public has been made to bear the burden of subsidy cuts for sugar, fuel and electricity tariff.

“Fishermen and consumers are asking why there is no improvement in government finances when they have to pay more now for diesel, sugar and other basic commodities.

“Has the government not said that subsidy cuts are necessary to cut down expenditure that (it) can no longer afford?”

Yesterday, the government tabled the Supplementary Supply Bill in the Dewan Rakyat for an additional RM13 billion to cover operating expenses for the first half of this year. If passed, it will raise the Budget 2011 estimate to RM176 billion.

Of the funds sought, RM6 billion will be for the Finance Ministry to pay an estimated RM5.6 billion in subsidy claims for petroleum products; RM150 million for electricity bill exemptions for usage below RM20 monthly; and RM100 million for skills training programmes nationwide.

A total of RM1.5 billion is allocated to the Education Ministry and another RM1 billion to the Health Ministry. An extra RM11.3 million is also required to finance maintenance work at Parliament House.

'Worst of both worlds'

Lim, also the Bagan MP and Penang chief minister, argued that the supplementary budget was sought without first addressing factors that bleed the coffers, such as the RM19 billion gas subsidies from Petronas to independent power producers (IPPs).

“Up to end of 2010, Petronas had extended about RM 131.3 billion in gas subsidies to both the power and non-power sectors.

“The greatest beneficiaries of the gas subsidies are IPPs who also benefit from a guaranteed buyer through the compulsory Power Purchase Agreement signed with TNB.”

Lim said Malaysia is currently experiencing the “worst of both worlds” because the government is contributing to inflationary pressures and failing to improve on efficiency and competitiveness at the same time.

“The only losers are 27 million ordinary consumers who are not IPPs. Perhaps the BN needs a strong reminder whether it is the IPPs or ordinary Malaysians that determine the direction and destiny of the country,” he concluded.

Facebook Tourism! What really happen!

Did the Ministry of Tourism really spend 1.8million to create and maintain 6 Facebook account?

The answer is Yes!

The 6 FB account is...

• Citrawarna 1Malaysia
• 1Malaysia Malaysia Mega Sale/Malaysia Year End Sale
• Cuti-Cuti 1Malaysia
• 1Malaysia Contemporary Art Tourism contest
• 1Malaysia Green and Clean Campaign
• Fabulous Food 1Malaysia

Did DAP lied or twisted the facts?!

Tourism Minister Ng Yen Yen using her FB page to accuse DAP of completely twisted the truth.Actually it was Ng Yen Yen's own Deputy Tourism Minister James Dawos Mamit that told Parliament that the ministry spent RM1.8 million on the Facebook site, including expenditure for six Flash applications, development and maintenance work and advertising.

So actually it is Ng Yen Yen that is twisting the truth!

So what does the 1.8 million buys you??

According to the Cuti-cuti Tourism Malaysia page...

The RM1.8million budget is used for:

1. Technical

1.1 Dedicated hardware deployment

1.2 Software licensing

1.3 Front end applications

1.4 Application Server engine

2. Development of six (6) campaigns which requires:

2.1 Flash games engine

2.2 Flash programming & coding

2.3 Creative Development and Design

2.4 Campaigns Ideas and Concept

2.5 Front-end Flash Design

2.6 Testing and Debugging

3. Campaign Promotions

3.1 Digital advertising campaigns on Google and Facebook

3.2 Contest, Page Wall and Tourism Fanpage Content Management

3.3 Collection and management of Database

The Fanpage sets as its KPI and aims to achieve the following targets:

1. An average of 20,000 fans per campaign
2. Minimum 120,000 fans by the end of December 2011
3. To increase traffic and encourage domestic and international tourism
4. To act as a promotional tool to disseminate information for Tourism Malaysia, Ministry of Tourism and Government.
5. Tourism Malaysia and the Ministry of Tourism will be able to communicate directly with at least 120,000 fans (Malaysians and foreigners) by the end of the year through the Fanpage and Database compiled from the applications.

KPI is suppose to be objectives that are quantifiable. So only the 120,000 fans is the only realistic objective that can be measured.

Is this value for money?

Is this 1.8million expenditure only for 1 year or less and how much more do we have to spend maintaining it?!

Would this have been a big deal if the govt didn't raise sugar,petrol and electricity prices?

If we need to be more careful in the way we spend the money, shouldn't the govt do the same and not simply blow their budget!? (see here to see how much the govt has overspend this year)

The big joke is that I hear many stories of JPA graduates who have Computer software degrees from top universities around the world who stayed overseas because the govt failed to employed them!!

Justice for Hanafi, Hafiz, and Hairul!

Will probably not happen because of Police involvement in this shooting! Sad! Very Sad!

Taken from Malaysiakini

Post-mortem evidence of the fatal shooting of three youths last year showed that they were gunned down by cops at close proximity and in a kneeling position, claimed civil rights NGO Lawyers for Liberty (LFL).

Muhammad Hanafi Omar, 22, Muhammad Shamil Hafiz Shapiei, 15, and Mohd Hairul Nizam Tuah, 20, were gunned down by the police after a reported high-speed car chase in the early morning of Nov 13 in Glenmarie, Shah Alam.

The police had previously stated the youths had charged at the authorities with machetes, and were shot during the purported attack.

“The post-mortem contradicts the police version of the incident that they acted in self-defence and shot the boys, which means they would have been shot in the front,” said lawyer N Surendran (right).

“However, the post-mortem report says the angle of the bullet was 45 degrees entering the forehead and exiting the back of the neck, and for the chest shot, (the bullet) similarly entered at a 45-degrees trajectory through the body.

“This indicates the victim was kneeling or in a lower position than the shooter,” he said, referring to the autopsy report on Muhammad Syamil.

Surendran said he received post-mortem reports conducted by Hospital Tengku Ampuan Rahimah's forensic pathologist Dr Khairul Azman Ibrahim on Muhammad Shamil and Mohd Hairul on Tuesday, but Muhammad Hanafi's is not ready yet.

He reiterated the cops were “lying” about acting in self-defence and lambasted Selangor acting police chief A Thaiveegan for labelling the youths as “seasoned criminals”, who were allegedly involved in several armed robberies in the state.

An autopsy on Muhammad Shamil concluded that he died from two injuries consistent with gunshot wounds.

According to the forensic report, the first injury mark was on Muhammad Shamil's forehead, and the second, on the right side of the chest.

“Both gunshot wounds were from 45 degrees penetration into the back and right side of the body.

'No injuries to indicate self-defence'

“There were no injuries to indicate self-defence,” said the report.

It added that 46milligram (mg) of ethyl alcohol - usually found in alcoholic beverages - was found in per 100mg of Muhammad Shamil's blood and that there was gunpowder residue on the chest wound.


The chemist's report further asserted that there was also gunpowder residue on the victim's jacket.

Similarly, in Mohd Hairul's autopsy report, the pathologist indicated that the cause of death was gunshot injuries to the head and chest.

“Post-mortem examination showed that he received two shots, one at the left side of the head and (exited) at the right side of the head.

“The other shot was on the front part of the left side of the chest and (exited) at the back of the right side of the chest,” stated the report.

The report indicated that the bullets wounds came from “a single-fired rifled weapon such as a pistol”.

“There was no evidence to show that the weapon was fired during contact or at a near distance,” it added.

The youths were executed in cold blood, said Surendran, as the medical evidence showed that there could be no other conclusions.

“In (Mohd) Hairul's case his right eye is bruised, which shows that he was arrested and beaten because there is no reason for the police to beat up a dead body, so they must have hit him when he was alive,” said Surendran, which conflicted with the police version of events.

The cops could have acted in such a way as to incapacitate their assailants since they were said to be rushing at the cops withparangs (machetes), he said.

Muhammad Shamil's mother Norhafizah Mad Razali, who was unable to hold back tears, burst out that her suspicions that her son was “mercilessly killed” were true.

“He is only 15-years-old, he is not a murderer nor a criminal,” she pleaded.

“One shot would have been enough to stop an elephant, but no, they used two, and aimed to kill, instead of aiming for the legs or shoulders,” said Surendran.

'Did the bullet bend in mid-air?'

Although they have not obtain the post-mortem report for Muhammad Hanafi, from visual identification of the body, there were two shots to the right side of his head and one at his torso, described Surendran.

“The police said they shot from the front. So the bullet bent and hit the boys heads at the side of the head? It's totally inconsistent,” he said.

Backed by the forensic reports, Surendran is confident that the “three youths were arrested, taken into custody, made to kneel and executed”.

Following the evidence they have, Surendran said that Attorney-General's Chambers has to act on it by charging the cops involved with murder.

His call was backed by PKR vice-president Nurul Izzah Anwar and the party's political bureau member R Sivarasa, with the latter also demanding that a royal commission be set up to probe the shooting.

“We are giving them (AG's Chambers) unprecedented evidence so I don't understand why if they don't charge (the police) with murder,” said Surendran.

According to human rights group Suara Rakyat Malaysia (Suaram), 88 people were killed in police shootings last year, compared to 2009 when there were only 13 such cases.

Khir Toyo Bungalow that don't make sense

Khir Toyo (former Selangor Menteri Besar) said he took a RM3.5 million loan to buy a sprawling Balinese-style mansion in an exclusive neighbourhood, brushing off allegations that the property is valued at RM24 million. He has threatened to sue Sekinchan Assemblyman Ng Swee Lim for making the claim, pointing out that HSBC would not have approved the loan if it was not above board and also countered claims that he could not afford to purchase the house on what he was being paid as mentri besar at the time.

However yesterday it was revealed in court that, Former Selangor Menteri Besar Dr Mohd Khir Toyo spent roughly RM6.5 million to renovate his mansion from its original Italian tropical design to the current Bali concept, the landscaper engaged to do the job, Nasir Ismail.

The amount, he testified on the third day of Khir's corruption trial in the Shah Alam High Court, was stretched out in roughly 13 cash payments between 2006 and 2008.

Nasir said he collected the payments, amounting to RM500,000 in cash each time, about five times from Ditamas Sdn Bhd director Shamsuddin Hayroni and around eight times from Khir, who was MB at the time, at his official residence.

He explained that in the beginning he picked up the progress payments from Shamsuddin, whom Mohd Khir had appointed as his agent to handle all matters regarding the renovation, for as he told Nasir, “he had no time to handle it himself”.

Later on, Mohd Khir would call him to come to his official residence to collect the payment.

Asked why the payments were made in cash, Nasir said he was bankrupt and cannot administer a bank account.

For official purposes, Nasir said he used the bank account of his wife, along with her company Lisa Ubersari Bali Landscape and Pottery, as a front for his landscaping business.

It was also reveled that A company director paid RM6 5 million for two plots of land and a bungalow before allegedly selling the properties to Dr Mohd Khir Toyo for only RM3 5 million the former Selangor mentri besar’s graft trial was told today.

The maths just don't add up! How do you buy a property for only 3million that was previously sold for 6.5million?

How do you spend 6.5 million on renovation when your property cost only 3million?

How does a Menteri Besar get 6.5million Ringgit in Cash?!?

Where is the money trail?!???!

And we haven't even talk about his Disneyland Scandal yet!!

I hope Selangor never falls into the hands of such corrupt people ever again!!

Justice for Ahmad Sarbani

I have not written anything on Ahmad Sarbani yet due to lack of information but Malaysia Today's article has done a good job summarizing up the whole story.

Please read Part 1, Part 2, Part 3 and Part 4 here.

They are real eye opener. Especially part 4!

I hope justice is done for this man!

Till then this is another injustice in Malaysia thanks to the BN govt!

Bravo! PM show us creative ways of saving money!

Saving his money but at the expense of our money lah!

Read this report from Malaysiakini today.

While not problematic procedurally, the use of public funds to pay for Prime Minister Najib Razak and his official entourage to Kazakhstan for Najib's daughter's wedding is morally wrong, Kuala Selangor MP Dzulkefly Ahmad says.

"It may no problem procedurally, if your boss (the PM) approves something no one is going to question.

"But it is morally wrong to use public funds to travel to your daughter's wedding. Najib has no class!" Dzulkefly told Malaysiakini.

Regardless of whatever reason Najib may concoct to justify coinciding his visit to Kazakhstan with his daughter Nooryana Najwa Najib's wedding, the PAS MP says the fact remains that the premier is misusing his station for personal reasons.

The parliamentarian clarified that it was not wrong for Najib to go to Kazakhstan for his daughter's wedding, but Najib should take leave and go there on his own time and expense, and not by spending public funds.

The MP was responding to reports that Nooryana, 22, is set to marry Daniyar Nazarbayev, the son of a top Kazakhstan official, was the main reason for the date of the PM current visit to that country.

Daniyar apparently met and fell in love with Nooryana when she was a student at Georgetown University.

Some quarters have questioned the purpose of the trip and the PM's entourage, as to whether there is any real official reason - or just a manufactured reason for Najib and his wife Rosmah Mansor to visit their soon-to-be in-laws.

Dzulkefly related the tale of Muslim leader Umar Abdul Aziz who had two candles by the side of his bed.

'Not the first time Najib has abused privileges'

If he were awakened at night for affairs of the people, he would light a candle paid for with state coffers. But if he was awakened by friends or family on a visit, he would use a candle he paid for himself.

"This is the highest level of transparency in administration that we should emulate, not abuses unchecked, like we see with Najib," Dzulkefly said.

This is not the first time that Najib has abused the privileges accorded to him as the prime minister, he said.

Recalling another time when the premier, Rosmah and his entourage travelled at public expense, he said this was to the United States when his daughter Nooryana graduated from Georgetown University in Washington on May 21.

Such abuses, if unchecked, would lead to other civil servants, who are supposed to serve the public, using their station for personal gains instead, Dzulkefly warned.

"If the top guy pees while running, what do you expect? District police chiefs and other officials may soon use their staff and government resources for their own ends," the PAS leader said, and expressed his fears that more public funds may be spent come the wedding proper.