Is this not a cruel and evil sentence!?? What kind of Judge is this?!?

Its been a long time since I posted but when I read this I cannot tahan! We need a change in govt to get rid of judges who are not doing justice in our Country!

3 who protested against Zambry as Perak MB go to jail

Ahmad Fadli KC 4:33PM Sep 13, 2013

Thirteen people, some of whom are single mothers and cancer patients, who protested at the appointment of Zambry Abdul Kadir as the new menteri besar at the Ubudiah Mosque in Kuala Kangsar four years ago, were today ordered to serve their two years’ jail sentence at Tapah prison.

This follows the Kuala Kangsar Sessions Court finding them guilty of participating in an illegal assembly and fining them RM5,000, after refusing to grant an application for a stay of the sentence pending appeal.

The two years’ jail is the maximum jail sentence accorded for illegal assembly under the Police Act.

Sessions judge Norsalha Hamzah ordered the sentence to run from today as she refused to grant a stay.

According to lawyer Augustin Anthony, as a result of the court not granting a stay order they will file a formal application at the Taiping High Court on Tuesday at the earliest. Monday is a holiday as it is Malaysia day.

The 13 were protesting the appointment of Zambry as the new Perak menteri besar from BN, when the Pakatan Rakyat government under the stewardship of Mohd Nizar Jamaluddin fell.

This happened as a result of three Pakatan assemblypersons defecting to BN, resulting in the government’s collapse and leading to a constitutional crisis.

Augustin said the lawyers are upset as the court did not consider granting a stay as they had argued that some of the accused are single mothers.

“Some of them are also cancer patients,” he toldMalaysiakini, adding that despite such grounds the court refused to grant a stay.

Among the lawyers representing the accused were Aminuddin Zulkifli and Zamri Ibrahim.

Janji di tepati!! TNB increase tariff!

FROM MALAYSIAKINI

Kua Kia Soong 10:37AM Jul 27, 2013

COMMENT In my recent article ‘Damned Dams & Noxious Nukes: Questioning Malaysia's Energy Policy' (Suaram 2013, p 2), I had warned that the government would surely raise electricity tariffs after the 13th general election.

Right on cue, Tenaga Nasional Bhd (TNB) has just announced that there will be an upward review of the electricity tariff. TNB is justifying this increase by claiming that domestic consumers have been subsidised long enough.

However, who have been the main beneficiaries of the government subsidies?

The energy industry in Malaysia has become a mega business and the government has been subsidising private businesses handsomely for at least two decades, even as it announces attempts to remove subsidies for domestic consumers.

In the mid-Nineties when the IPPs first came into the energy production scene, the industrial sector was TNB's largest consumer, with 60 percent of electricity consumption, but it was paying the lowest rates averaging 15.98 sen per kilowatt hour. On the other hand, the domestic and commercial sectors were paying 21.5 sen per unit and 23.3 sen per unit respectively. (New Straits Times, Jan 17, 1996)

But any privatisation exercise can only be called a success if the businessmen who bid for the projects succeed in raising financing from the banks through their own credentials. What is evident in the privatisation contracts in the energy industry of Malaysia is that many of the crony capitalists (who are, strictly speaking, failed businessmen) rely on the Malaysian workers' pension fund, the EPF, through their links with the government.

Thus, then-energy minister S Samy Vellu justified the EPF as the single biggest source of financing for the Bakun Dam project:

"Bakun, you see, they need some government help... They need government help to borrow money. About RM15 billion to generate 2,400MW of electricity, which means Ekran needs to borrow from the EPF," Samy Vellu said. (Business Times, Feb 23, 1995)

Well-connected IPPs

TNB used to be the sole electricity provider in the country but after the blackouts and brownouts in 1992, independent power producers (IPPs) were allowed into the industry.

They were politically well-connected but devoid of any electric power engineering or generating experience, and the power purchase agreements they signed with TNB allowed them highly favourable terms with take-or-pay arrangements for power generation, i.e. if there was no uptake, the IPPs were paid a capacity charge to offset this.

Furthermore, they could pass their cost increases, such as any fuel price increases, to TNB. But TNB itself does not enjoy such a cost-pass-through formula to help it recover any increases in costs.

In 1995, a single IPP made RM800 million in profits - about half of what Tenaga made with all its national plants! Furthermore, the IPPs do not have to invest in transmission or distribution - the expensive parts of the business. (Sunday Star, Sept 1, 1996)

If we compare the generation costs of TNB and the IPPs, we will have an idea of TNB's problems. In 1997, TNB was paying between 11.8 sen and 15.5 sen per unit of electricity to the five IPPs while its cost of generating electricity was less than 10 sen per unit. (The Star, April 20, 1997)

To solve these contradictions, TNB saw the only way out as raising electricity tariffs and to urge consumers to use more electricity, including drying their clothes with electrical appliances! Either way, Malaysian consumers lost out and the need for energy conservation was put off once again despite the pious declarations at the Rio conference.

Apart from the dice being loaded in favour of the IPPs, they also built power stations at sites of their own choice, not where they were needed. Thus, YTL built a station at Paka, Terengganu, (where the gas supply comes in) although electric power was desperately needed in the north and central regions.

The admission of the IPPs into the energy industry and subsequent flip-flopping policies reflect the total lack of planning and well-thought out energy policy.

The costs of excess capacity

TNB has been keeping a reserve margin in excess of 30 percent over the nation's total demand. In fact, this reserve margin was boosted to 42 percent after the commissioning of two new power plants in 2003. With rising operational costs, including that of excess capacity maintenance, TNB was forced to cut its reserve margin to just below 25 percent. This move was estimated to save the corporation RM1 billion in maintenance cost a year:

"Tenaga has to bear the cost of managing excess capacity on its own. It pays independent power producers about RM500,000 for every megawatt a year and normally draws less than four-fifths of that power... Imagine how much Tenaga spends to manage about 1,500MW of excess capacity from the IPPs!" (New Straits Times, Aug 30, 2003)

There is thus no justification for the Bakun Dam which harnesses 2,400MW electricity when the demand for energy in the whole of Sarawak state was only around 400MW in 1997. The original intention was for the electricity produced to be transmitted 665km to the west coast of Sarawak and a further 670km to Peninsular Malaysia, through high-voltage undersea cables that have never been tested through this distance anywhere in the world!

The current total energy demand in the whole of Sarawak is only 1,000MW, so the government has been trying to attract the biggest energy guzzlers, such as aluminium smelters that happen to be the most toxic as well. These environmentally polluting industries are then touted as part of the Sarawak Corridor of Renewable Energy (Score).

In fact, hydro-electric power dams and toxic aluminium smelters are all industries rejected by developed countries. None of these countries, especially Australia, wants to have toxic industries in their own backyard. Lynas is but the most recent example.

But the Sarawak state government is willing to have these mega projects for rather dubious purposes. The desperate chase for investments to take up the excess Bakun energy after the dam has been built shows a total lack of economic feasibility studies which should have been done long before the dam was built. Is it surprising therefore that many Score contracts have been given to companies owned by members of Chief Minister Abdul Taib Mahmud's family?

As long as the full eight-turbine capacity of the Bakun dam is not being fully utilised, it will not be economical as the same amount of water is required to run one or all the turbines. It is comical to see the same vacillating suggestion being made every time the government is faced with this conundrum, namely, to resurrect the submarine cables to transmit the surplus power to the peninsula!

The recent blackout throughout Sarawak has been attributed to a glitch at the Bakun dam which triggered the state-wide blackout. Has the cost of the blackout been worked out yet?

The Bakun dam project cost has ballooned to well over RM8 billion. At the end of the day, the project will be a yoke around Malaysian consumers' necks and we will have to pay high tariffs to cover the losses incurred by the developer and/or TNB.

More mega-dams for us to subsidise

But the monstrous Bakun dam is not all that has been dreamed up by the Sarawak state government. The 944MW Murum dam is soon to be impounded. Like Bakun, this latter dam project is in violation of international standards on indigenous rights as guaranteed in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), of which Malaysia is a signatory.

As with the Bakun dam, none of the studies related to the projects have been transparent. The affected Penan and Kenyah have stated that they have never been asked for their consent, as demanded by the UNDRIP.

The project developer, Sarawak's state-owned electricity generating company, Sarawak Energy Bhd (SEB) has not provided indigenous communities with an opportunity to grant or withhold their "free, prior and informed consent" for the project as required by UNDRIP. Even in cases where there was agreement, the resettlement plan was not made known to the indigenous peoples prior to the start of the construction, and they were not informed about the project's impacts.

The social and environmental impact assessment (SEIA) for the Murum project is seriously flawed. International standards - including the World Bank IFC Performance Standards - universally require that the SEIA must be completed during the design phase, before the government approves the project and before construction begins.

This was not the case with the Murum Dam Project. The SEIA process only began after construction of the project was already under way.

When the 944MW Murum Dam costing RM3.5 billion comes on stream, the total installed capacity of the two dams will be 3,344MW. The combined cost of the two dams is RM10.8 billion. There are also plans to build more dams - 1,400MW in Balleh, 1,000MW in Baram, 150MW in Limbang and 300MW in Metjawah, among others.

Sarawak's existing capacity to generate electricity (viz. 1,300MW) without the Bakun dam already exceeds the peak demand of 1,100MW. Electricity generated cannot be stored. Unused power will be wasted. The government hopes that energy guzzling industries such as aluminium smelters will come and take up this surplus of energy...

In such a state of affairs, who is subsidising whom? Don't even mention building noxious nuclear plants!

---

KUA KIA SOONG, a former MP, is adviser to human rights NGO Suaram.

Another stupid law pass in the middle of the night!

Apparently this law was also pass in the darkness of the night!

I wonder why?

  (May 20, 2012): The recently passed Evidence (Amendment) (No 2) Act 2012, whereby internet users are held liable for any content posted through their registered networks or data processing device, is both unfair and an attempt to put fear in people, says civil society.
The amended law will have serious repercussions on internet use as the owner of the site or device is presumed guilty and has to fight to prove his innocence, they say.
What this means is, if an anonymous person posts content said to be offensive on your Facebook wall, or if someone piggybacks your WiFi account and uploads a controversial document, you will be immediately deemed the publisher of the content and subject to prosecution under the relevant laws such as the Sedition Act.
Not only that, if a person starts a blog in your name and publishes content that is red-flagged, you will be considered the publisher unless you can prove otherwise.

What is the reason for Bersih 3.0? Kim Quek explains clearly!

By Kim Quek

COMMENT It is now confirmed - the parliamentary select committee (PSC) on electoral reform report is a scam to hoodwink Malaysians into thinking that the Barisan Nasional (BN) government is finally restoring democratic election.

While nothing concrete has been achieved to ensure the cleansing of the "phantom" infested electoral roll and the elimination of rampant corruption and abuse of power that has become the trademark of Malaysian elections, the main stream media has painted the town red with false propaganda that the PSC report is a reform agenda that will make any democracy proud.

Just look at The Starnewspaper of April 4. The entire front page was splashed with goodies from the PSC, headlined ‘Hooray for voters’.

Some of the prominently displayed items were: ‘Allowing citizens to vote by post or at Malaysian missions’, ‘Creating a caretaker government after the dissolution’, ‘Continuous cleaning of the electoral roll’, ‘EC to have its own budget and be answerable to Parliament’, ‘EC to be restructured to enforce election laws’, ‘Provide allocations to political parties and candidates based on the number of seats and number of votes obtained’, and ‘Have a balanced delineation election constituencies’.

Wah! Isn’t it wonderful. From now on, Malaysians can finally raise their heads to claim that they have a practicing democracy!

But, rejoice not. This PSC report is not a bearer of fruits but a messenger of false hopes.

The PSC report’s 22 recommendations are only a series of expressions of hope that the Election Commission (EC) will do this or that.

Knowing the deeply political partisanship of EC and its unashamedly pro-BN stance to resist reform, what hope is there anything meaningful will be done to alleviate the nightmare of Malaysians of another dirty election ahead - by all counts, the worst?

There was not a word in the report on the numerous cases of fraud uncovered in the electoral roll or on the blatant open bribery and abuse of power that have gone from bad to worse from one by-election to another since the 2008 general election.

Hypocritical participation

Without acknowledging and probing the existing flaws how can there be any remedy?

There was no concrete measure proposed or firm commitment made by any quarter in the BN regime that the serious flaws that have made a mockery of our election will be rectified before the next election.

In fact, the hypocritical participation of EC in the PSC reform effort is glaringly demonstrated through the continuing cheating in the electoral roll that was going on out right during the working sessions of the PSC.

This was exposed during the press conference of Bersih 2.0 announcing its impending mass demonstration on April 28.

At the press conference on April 4, two academicians with authoritative research on Malaysian elections revealed numerous cases of ongoing fraud in the electoral roll.

Wong Chin Huat (left) demonstrated four methods adopted by fraudsters to “clone” voters through variation of one or more of personal data like names, old and new identity card numbers, addresses and dates of birth.

Ong Kian Ming revealed irregularities in the postal voter roll that showed double registration and unqualified postal voters among the security personnel. These instances were described as only the “tip of the iceberg”.

From numerous previous revelations, it is now an established fact that our electoral roll is heavily infested with “phantom voters” - either through manipulation of the electoral roll or through illegal granting of citizenship to foreigners (which is particularly rampant in Sabah as proven in court).

It is therefore imperative and of utmost urgency that an independent body be commissioned to comprehensively audit both the electoral roll and the citizenship registry to flush out these “phantoms”.

But there was nothing in the PSC report to even remotely suggest that this cleansing process will proceed forthwith.

It is ironical that the PSC which is dominated by BN, instead of scrapping the notorious postal voting system as strongly demanded by reformists, has further expanded its scope.

This postal voting is a discredited system that has been profusely abused to give consistently more than 90 percent electoral support to the ruling BN.

Illegitimate advantage

Originally meant for the soldiers and police, it will now be extended to cover media workers and EC personnel, the latter, according to reports, has alarmingly increased from 140,000 to 240,000 personnel.

This decision by PSC which quickly acted upon by EC to gazette the new postal voters will no doubt add a major illegitimate advantage to BN in the coming polls.

Another major injustice that has rendered our election meaningless is BN’s stranglehold on the mass media (save the Internet), which while serving BN’s parochial political interests in ordinary times, is turned into full blast propaganda machines in election time to falsely glorify BN while running down or blacking out news of its opponents.

Electoral democracy being a game of perception, the existence of such a grotesquely lop-sided information dissemination system makes a total mockery of our democracy, not to mention putting BN’s opponents in grave disadvantage.

In recognition of reformists’ earnest requests for free and fair media coverage, PSC has, however, only given its lip service.

In recommendation No.9, PSC merely says it has “taken note” of the Information Ministry’s “readiness” to grant fair media access to all parties and candidates in the poll.

PSC further “recommends” that the EC take note of Article 115(2) of the federal constitution which stipulates that other authorities shall on request assist EC to discharge its duties as may be practicable.

If fair reporting is a serious undertaking by BN, why didn’t the ministry give a solemn pledge to honour this “readiness” instead of only the EC “taking note”?

Will this “note” taken by the EC lead to fair media coverage? Knowing the disposition of EC and BN, your guess is as good as mine.

It should be apparent by now that no real reform will come while BN is in power, for any reform - particularly electoral reform - would mean the reduction of the illegitimate advantage enjoyed by them in the contest of political power.

And the present fake reform as exemplified by the setting up of this PSC was only a grudging concession thought of by Prime Minister Najib Abdul Razak to recover some of the electoral support lost during the ill-advised crackdown on the Bersih 2.0 rally on July 9, 2011.

From that point of view, Bersih 2.0’s prompt call for another mass rally is a wise move. For only in the convincing show of strength could BN see the necessity to make some reforms, however disinclined it may feel towards them.

Other things that are unfair in Malaysia today!

1. AG still charging Kapal Singh with sedition over remarks involving the Perak Sultan

while they refuse to charge Kedai Rakyat 1 Malaysia for endangering the health of the normal rakyat with false information.

2. New salary scheme top-ranking government servants will be paid as much as RM80 000 a month while some drivers get just a RM1 70 increase in monthly wages earning.

AG expecting to get a big pay cheque for the great work he put in Anwar's case!

3. Teoh Beng Hock case vs NFC and Sharizat!

One was investigating corruption worth RM2400

The other was for RM300million!

One was investigated by top MACC officials and had all night interrogation!

The other had tip off that they are going to be raided! (even the news reporters were there first before the MACC officers arrive!)

Some corrupt UMNO people may have to find a new CASH COW to steal from but you can wait till the COWS COME HOME before we see any real justice here!!!

What is fair?

Anwar, 64, was charged on Aug 8, 2008 under Section 377B of the Penal Code with committing carnal intercourse against the order of nature. (NOTE: This charge is with consent of the "victim" not force rape)

He was accused and acquitted by the High Court of sodomising Mohd Saiful

Is it fair that Saiful, a 20+ man that is 6feet tall get an appeal at the cost of the the reputation and funds of the Malaysian Government, just so that he can defend his dignity?

WELL HE GOT HIS APPEAL!

How about Abdul Razak Baginda? A close friend of Najib who was charge and also acquitted with the murder (blowing up with military gred C4 explosive) of Altantuya Shaariibuu, a pregnant Mongolian women!

Did her family see justice and get an appeal?

NO WAY!

Deputy public prosecutor Tun Abdul Majid Tun Hamzah, who is leading the prosecution, said in a statement today that there would be no appeal because the trial judge had made a finding of fact in acquitting Abdul Razak.

Anwar's acquittal was also on point of fact! So why is there an appeal!

The answer is here!

A simple explanation on why Malaysia's Elections are unfair

All Malaysian should read this article from Malaysiakini to understand why BERSIH 3.0 is crucial if the government does not reform the electoral process!

---------------------------------------------------------------------

A retiree arrested the attention of opposition members at the public hearing by the parliamentary select committee (PSC) on electoral reform, when he told them to forget about marching to Putrajaya under the current electoral system.

Armed with printouts of his presentation slides, Ng Chak Ngoon (right) who described himself as a retiree, presented the panel with a graph that showed 222 lines with every one being taller than the other as it progressed.

The graph, said Ng at the hearing in Kota Kinabalu yesterday, which saw several others testifying, was plotted against the population size of all the constituencies in ascending order for the 2008 general election.

"All on the left (in blue) are won by BN, on the right (in red) are all won by the opposition. The BN constituencies are very small and the opposition constituencies are very big. So what is happening here?

"It's not by chance that all the people in big constituencies like the opposition and all those people in the small constituencies like BN. I would think there is a design here for the Election Commission (EC) to sub-divide all the BN areas into smaller areas to increase their number of MPs," he said.

Ng added that the smallest constituency, BN-held Putrajaya only had 6,008 voters but Opposition-held Kapar had a staggering 112,224 voters, 17 times more than Putrajaya.

‘Kapar can have 17 MPs'

"If we break down Kapar to the size of Putrajaya, you would have 17 MPs from Kapar instead of just one."

If all the seats are made into equal size, Ng added, the last general election would yield a result where BN and Pakatan Rakyat would only have a difference of seven seats in Parliament as opposed to the actual results of 140 to 82 seats.

He further estimated that if a party relied on all the small seats to win power, it would only require 15.4 percent of the total votes to form a majority in Parliament.

"If the opposition thinks they can march to Putrajaya, forget about it."

At this point, PSC member Anthony Loke who is DAP's Rasah MP quipped: "Very demoralising."

Explaining further, Ng said the smallest constituency in Malaysia was 13 percent of the national average while the largest was 288 percent, in contrast to the UK's which smallest and largest constituency are 77 percent and 153 percent of the national average respectively.

"If the EC is sincere, it should redraw all the constituencies, this is not gerrymandering, this is outright cheating."

PSC member Dr Hatta Ramli later concurred, pointing out that the Baling parliamentary constituency, supposedly a rural seat, had an unusually large number of constituents at around 70,000.

"This was because PAS has won the seat before," said Hatta, who then asked if Ng thought this was ethical.

"Unethical is a mild word, Can I answer outside?" replied Ng in reference to parliamentary rules that require members in the hearing to abide by appropriate language.

State by state breakdown

Ng later proceeded to present similar graphs with a state by state breakdown at which PSC member Mohd Radzi Sheikh Ahmad said: "Can you rate Kangar?", in reference to his own constituency.

"If you have Negeri Sembilan's, I would like to see my chances of winning," added Loke.

At this, Ng quipped: "I'll have to charge you for consultancy."

When asked by PSC member Fong Chan Onn (right) on how the panel can accommodate the increase of seats for Sabah and Sarawak to meet the Malaysian Federation agreement of 34 percent into his recommendations, Eng replied: "What is your objective?

"To win the election or to have an equitable dispersion of votes? If these are conflicting desires, obviously we cannot come to a compromise. BN has to answer that question, not me, I'm a retired man."

The justice we come to expect in Malaysia!

SURPRISE! SURPRISE!! Premier Najib Abdul Razak and his wife Rosmah Mansor will not be testifying in the Sodomy II trial as they are "not material witnesses".

This follows the Kuala Lumpur High Court's decision today to throw out the subpoenas served on them to testify as defence witnesses in Anwar Ibrahim's trial.

In allowing Najib and Rosmah"s application to be set aside, justice Mohamad Zabidin Mohd Diah said they are not relevant and material witnesses in the trial.

Zabidin issued the subpoenas last month but he ruled in favour of an application by the couple to strike them out, saying the defence failed to show their involvement

(even through Najib has admitted meeting Anwar's accuser Mohamad Saiful Bukhari Azlan two days before the alleged sodomy).

IS ANYONE IN MALAYSIA REALLY SURPRISE BY THIS VERDICT!!

All I can say is that this is not COOL! on Najib's part!!

Another news that is NOT SURPRISING!!!

The police have identified a police personnel who during the July 9 Bersih 2.0 rally allegedly used out excessive force on demonstrators.

Contacted yesterday, Kuala Lumpur CID chief Ku Chin Wah said that a police report was lodged against the errant officer - who was wearing a bandana across his face during the rally - but no prosecution will take place.

"The matter has been referred to the Attorney-General's Chambers and no further action could be taken against him due to the absence of witnesses," he told Malaysiakini.

I GUESS WE BETTER GET USE TO THIS LAH!

That is as long as Malaysian are stupid enough to still keep on voting for BN and still believe how efficient and good they are at running this country!

With reports that none of the 25 cases of serial acid attacks that took place in the Klang Valley this year have been solved, (Parliament was told today). How can any alternative party do any worst?

I guess we can't blame the police entirely. After all they are very busy trying to find evidence to incriminate an old man (with a bad back) with sodomizing a tall young fit guy!!

Why Malaysia can't extradite Raja Petra and etc.

Read a recent article from Malaysia Today. Check up some of the facts on internet. Thought most Malaysian should read this.

Tan Sri Abdul Gani bin Patail the current Attorney General of Malaysia with Tan Sri Musa Hassan the former Malaysia's Inspector-General of Police.

Gani Patail’s dilemma started back in 2009 when he discovered that I (RPK) was no longer in Malaysia. He tried to track me down and found out that I was in the UK (mainly because I was not in hiding but made many public appearances).

However, he tried to hide this fact from me and announced that they know I was in Australia. Actually, this was a red herring. They knew I was in the UK but they did not want me to know that they know.

But I knew that they knew. This was because they met up with the British authorities to discuss the possibility of extraditing me back to Malaysia. They told the British authorities that I was facing four charges, one for sedition and three for criminal defamation.

What Gani Patail did not know is that the British authorities contacted my lawyers to get more details about my cases. It seems they wanted to send a report to the Home Office in case the Malaysian government files an application to extradite me.

The British authorities reminded Gani Patail that there is no extradition treaty between the UK and Malaysia. Therefore, they can’t just pick me up and send me back to Malaysia. Malaysia would have to go to a UK court to apply to extradite me. This means a sort of trial would be held where Malaysia would have to convince the UK court of my guilt.

Now this would be a problem for Malaysia. Gani Patail would not be able to manipulate the British judiciary like he does in Malaysia. The evidence would have to be very strong for them to convince the UK court that I am guilty and therefore should be sent back to Malaysia.

An even bigger problem would be the dual criminality law. The crime I am alleged to have committed must also be a crime in the UK. For example, sodomy is not a crime in the UK (gay marriages are legal in the UK). So, in that type of situation, you cannot extradite someone charged with sodomy in Malaysia.

This all happened back in 2009, mind you.

While Gani Patail was figuring out what to do, on 1st January 2010, the UK Government suddenly repealed the sedition and criminal defamation laws. That means sedition and criminal defamation were no longer crimes in the UK. And that also means that since the dual criminality rule would apply, Malaysia could no longer extradite me.

I am sure the UK government did not repeal the sedition and criminal defamation laws just for my sake. Was it a mere coincidence then? Or is this what we can call divine intervention?

Anyway, that ended any possibility of the Malaysian government applying to extradite me back to Malaysia.

Yes, nothing seems to be working in Gani Patail’s favour and he can’t figure out why. He knows that I have moles in Bukit Aman and the A-G Chambers -- people who are feeding me information so that I am always one step ahead of the government. But after two years of trying, he still can’t figure out who they are. And this is really making him mad as hell.

Now I have moles in the Customs Department as well -- the result of what the MACC did to Ahmad Sarbaini Mohamed. Who do you think leaked the documents regarding Rosmah Mansor’s USD24 million diamond ring? This was the Customs officers’ revenge for what they did to Ahmad Sarbaini.

In fact, Gani Patail has many other problems as well. He went for the ex-CCID Director, Ramli Yusuff. Ramli Yusuff was charged for all sorts of things. Then the court acquitted him without his defense being called, like what happened to my son. In fact, the Sabah court even said that the ex-IGP, Musa Hassan, lied.

Ramli Yusuff

That was a double whammy for the Gani-Musa team.

Then, coincidentally, or maybe through divine intervention, Ramli Yusuff was appointed the Deputy Chairman of Ho Hup. And, lo and behold, Ho Hup’s auditors discovered that the previous Chairman had bribed Gani Patail.

Now that is what I not only call divine intervention but poetic justice. Talk about bad karma. So Ramli Yusuff now has Gani Patail’s balls in his hands. And he is squeezing them so hard that Gani Patail can’t breathe properly.

Gani Patail is still trying to get Ramli Yusuff though. He is also trying to get Ramli Yusuff’s lawyer, Rosli Dahlan, as well. However, just like what happened to Ramli Yusuff, Rosli Dahlan was also acquitted of the charges they brought against him.

Not satisfied with that, Gani Patail asked his boys to appeal the court’s decision. But his boys realised that, just like in the case of Ramli Yusuff, they had no case against Rosli Dahlan. So they did nothing.

Unknown to Gani Patail, the time allowed to file an appeal had expired. When he found out that the deadline had come and gone, and the appeal against Rosli Dahlan’s acquittal had not been filed yet, he flipped.

Gani Patail has now written to the court to apply for an extension of time to file the appeal against Rosli Dahlan’s acquittal. By right, the date to file the appeal has expired. But Gani Patail is trying to bypass the rules so that he can still file the appeal even though the date has expired.

Sigh…poor Gani Patail. Nothing seems to be going his way. He is supposed to be God where even Prime Minister Najib Tun Razak is supposed to be scared of him. But everything he tries seem to have failed. Could there be an even greater God than Gani Patail who is intervening and thwarting all the AG’s plans and plots?

IS NAJIB AND THE GOVT NOT AWARE OF ALL THIS?!?!

WHY ARE THEY NOT DOING ANYTHING TO STOP THIS INJUSTICE?

Prove of Religious persecution in Malaysia!

The village has only two Muslims, but the authority had built a surau for them!

The area has been categorised as an Orang Asli settlement, therefore the residents have every right to construct buildings within the area.

From Malaysiakini

The Alor Gajah Municipal Council has ordered that a chapel located in the Machap Umboo Orang Asli settlement in Malacca be demolished on grounds that it is an illegal structure.

Last Saturday, chapel caretaker Puanheerby Siam was served with the demolition notice dated Sept 20 by the council's building department, stating the building was in violation of Section 70 of the Street, Drainage and Buildings Act 1974.

That particular section regulates the construction of new buildings and Pastor Joseph Boon Chai, who oversees the chapel, said no specific reason was given by the authority for its action.

According to him, officials from the Department of Islamic Development Malaysia (Jakim), Malacca Islamic Religious Council (Maim) and Department of Orang Asli Affairs informed Puanheerby two months ago that the chapel was illegal because it did not have permission from the local council.

"But why are Jakim and Maim involved in this case? We are puzzled. What is the main motive behind this?" Joseph said when contacted today.

He argued that the area has been categorised as an Orang Asli settlement, therefore the residents have every right to construct buildings within the area.

There are about 20 households in this Temuan settlement, which has been occupied by the Orang Asli since the days of the Japanese Occupation.

The Muslims there have a surau

The construction of the 20ft by 30ft chapel was completed in March this year to serve 11 Christian families from the Machap Umboo settlement and two more Orang Asli villages nearby.

It is under the pastoral care of Jus Chapel based in Kamping Orang Asli Jus in Selandar, Malacca. Jus Chapel is a registered church with the National Evangelical Christian Fellowship (NECF) Malaysia, under the mission name of Jus Chapel Tribal Ministry.

To date, Jus Chapel has built five chapels in various Orang Asli settlements.

Joseph also said two of the five chapels had faced the same problem before, but after they demanded that the authority issues official letters detailing the reasons for the demolition, it kept silent and eventually dropped the matter.

The village has only two Muslims, but the authority had built a suraufor them, he said.

Joseph revealed that the matter has been raised with the NECF and a legal panel has been set up to tackle the issue.

"Depending on the situation, we plan to challenge the demolition order in court," he added.

Injustice by Chief Justice for not standing up for Justice!

The Federal Court has dismissed a crucial appeal by five native customary rights landowners, a decision which will adversely affect more than 100 similar cases.

The three-member panel of judges led by outgoing Chief Justice Zaki Azmi, chief judge of Sabah and Sarawak Richad Malanjum and Federal Court Judge Md Raus Sharif made a unanimous decision to dismiss the case, brought by Bato Bagi and five others.

Bato, along with five others, are suing the state government over the loss of their lands to the Bakun dam project.

This is also Justice Zaki's last judgment. He steps down on Monday, after reaching the retirement age of 66.

Bato, whose name is now synomous with the case, was unable to hear the judgment today, as he died two months ago.

The Federal Court today (8 Sept) refused to answer a question on whether the seizure of land by the Sarawak government for the Bakun dam was unconstitutional or not.

The decision by Chief Justice Zaki Azmi (left) and the Chief Judge of Sabah and Sarawak Richard Malanjum, both of whom refused to answer the question, was to let other pending cases deal with the issue.

The other Federal Court judge, Justice Md Raus Sharif, answered the question in the negative, and said the seizure was not unconstitutional.

However, all three judges unanimously decided to dispose of lawyer Baru Bian's appeal following the land seizure in Bakun by the state government 14 years ago to build the multi-billion ringgit dam and a wood pulp mill.

The question posed before the court was “whether section 5(3) and (4) of the Sarawak Land Code relating to the extinguishment of native customary rights are ultra vires of Article 5 (right to life) and Article 13 (right to property) of the federal constitution.”

Zaki in his 15-page judgment, which was the last to be read out, said there seems to possibly be other grounds for challenging the unconstitutionality of section 5(3) and (4) of the Code.

Unfortunately, he said as pointed by Justice Malanjum these were not raised or properly canvassed before the court.

“A lengthy part of the submission was for the case to be reverted to the High Court for a full trial, which for reasons mentioned I do not find it proper to do so. I will therefore have to decide the question based on the arguments put before us.

“Based on those arguments and after having read the grounds of the other two judgments I would associate with the Chief Judge of Sabah and Sarawak and find I do not need to answer the question,” he said, adding the court unanimously made no orders as to cost here and below.

Following this, Zaki ruled in dismissing the appeal and upholding the orders by the two courts ie the Sarawak High Court and Court of Appeal below.

The Chief Justice, noted before the start in delivering the decision that this was one of the most difficult verdicts he had to make in his three years' tenure as the top judge in the country.

Normally the Federal Court being the highest court in the land can determine on constitutional interpretation, but it chose not to due to arguments that there is not much before them to decide.

'Bring it to arbitration'

Zaki noted that while parties are not satisfied with the amount of compensation, the matter should have been brought to arbitration.

“In my opinion during that arbitration they could have raised all the issues regarding loss of their farms, burial grounds and other matters affecting their livelihood. There is no need for this case to be sent back for trial.

“To me that wold be unnecessary waste of money and time. Bato Bagi has accepted the compensation without referring it to arbitration. How could he now come before us to review the compensation or the extinguishment of the natives rights itself?,” the parting Chief justice said in his final judgment.

Justice Malanjum, in his 37-page detailed judgment, wrote he was of the view the court was not fully assisted although the question posed was staring at the parties.

“There was no discussion on whether the courts below were correct in their approaches in construing the relevant provisions of the constitution or whether they adopted the right test in considering the constitutionality of the impugned sections.”

Not mere existence

The Chief Judge of Sabah and Sarawak noted that the expression of life in Article 5 (1) does not refer to mere existence.

It, he said, incorporates all those facets that are an integral part of the life itself and those matters which go to form the quality of life.

“Of these are the right to seek and be engaged in lawful and gainful employment and to receive those benefits that our society has to offer to its members. It includes the right to live in a reasonably healthy and pollution free environment.

“If indeed extinguishment of their native customary rights has an adverse effect on the livelihood of the natives in the same way as dismissal has on the livelihood of a gainfully employed person... then it is only fair in my view that before any extinguishments direction is issued the holders of native customary rights should be given the opportunity to present their case,” he said.

Malanjum said this is essential justice and procedural fairness which a public decision-maker should ensure as having been meted out.

Justice Raus in holding sections 5 (3) and (4) of the Sarawak Land Code as constitutional said he was always guided by the principle that when the court is faced with the issue of constitutionality of a provision or statute, the court should be slow in striking down the impugned provision for being unconstitutional.

“The approach of the court while examining the challenge to the constitutionality of an enactment, is to start with the presumption of constitutionality. The court should try to sustain its validity to the extent possible. It should strike down the enactment only when it is not possible to sustain,” Raus cited former Federal Court judge Gopal Sri Ram.

Background of the suit

Bato Bagi, five longhouse residents of Uma Balui Ukap at Batu Kalo, Uma Lesong at Batu Keling, Uma Bakah at Long Bulan, Rumah Kulit at Long Jawe and Rumah Ukit at Long Ayak on June 23, 1997, claimed native customary rights over lands along Batang Balui and its tributaries in the Belaga District of Kapit division. Other claimants, Jalang anak Paran and Kamong Anak Amih, had their lands taken for the Borneo Pulp and Paper Sdn Bhd.

They were ordered to vacate the land and surrender their native customary rights for the construction of the dam.

The indigenous people wanted the order to be declared void on the grounds that:

• The directive violated the plaintiffs' fundamental rights under Articles 5(1) of the federal constitution, and/or Article 8 of the federal constitution and/or Art. 13(2) of the federal constitution;

• The directive was in violation of Article 39(1) and (2) of the constitution of the state of Sarawak and/or Article 153 of the federal constitution; and

• The directive was made pursuant to sections 5(3) and (4) of the Sarawak Land Code, which are void and unconstitutional as being in violation of Article 5(1) of the federal donstitution and/or Article 8 of the federal constitution and/or Article 39(1) and (2) of the constitution of the state of Sarawak and/or Article 153 of the federal constitution.

Bato has since passed away.

Disappointment at decision

Counsel for the natives Baru Bian expressed disappointment at the apex court not allowing the appeal but rejoiced that there is an opportunity for the issue to be brought up again in other cases.

“There are many similar cases affecting NCR land which had been seized by the Sarawak government without considering the livelihood of the people. This cases will be coming up and it gives us another bite to challenge the constitutionality of the land grab,” Baru (left in photo) said.

Sahabat Alam Malaysia representative Mohideen Abdul Kadeer also expressed disappointment at the court not wanting to interpret the question.

He said the case took 10 years for it to come to the Federal Court, and it missed a golden opportunity to put such matter at rest and resolve other pending NCR land cases.

“Our concern is not only the livelihood of the person affected but also the ecological impact of such projects which would affect climate change,” he said.

Before the start of the case Baru led prayers in Bahasa Malaysia for a positive ruling in court but this was not to be.

Meanwhile a law professor said Chief Justice Zaki Azmi and Chief Judge of Sabah and Sarawak Justice Richard Malanjum, could have abdicated their oath of office by their refusal to interpret the question of law posed to them.

The question posed before the court was "whether section 5(3) and (4) of the Sarawak Land Code relating to the extinguishment of native customary rights are ultra vires Article 5 (Right to life) and Article 13 (right to property) of the Federal Constitution."

Islamic International University professor Abdul Aziz Bari said by refusing to deal with the constitutionality issue, the Federal court has abdicated its duty.

"Under the Federal Constitution, the Federal Court which is the highest court of the land is essentially the constitutional court of the country; the main tribunal whose major duty is to take care of the constitution," he said.

Abdul Aziz (left) pointed out that their refusal meant that they had failed to fulfill their oath when taking office by saying "I will faithfully discharge my judicial duties in that office to the best ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its constitution."

The don added that the court is the custodian of justice, so the judges have let the citizens down for the constitution is the supreme law of the land, one that protects them from arbitrariness whether in the form of laws passed by the legislature or through executive decisions.

"It is the duty of the judiciary to declare the rights of the citizens, being custodial of justice," he said

'Case cannot be good authority'

Abdul Aziz said from the law standpoint when the decision is not decided unanimously, then there is a loophole.

“Since there is only one judge who made a ruling (on the constitutional question) on it, this case cannot be a strong authority.

“In any case, one wonders why the two did not make up their mind? Is it a case of just wanting to let go this one and later the court can take a more restrictive approach?” he asked, adding that the bottom line is the same; that the land grab is now deemed legal and the citizens have lost.

The law expert said the right to property is guaranteed by the constitution under Article 13 of the supreme law of the nation.

“There seems to be a kind of politics or manoeuvring here,” observed Abdul Aziz.

Malaysian Justice calls on Home Minister to Charge Sinar Harian under the PPP Act!

This is outrageous!! If any newspaper were talking about Islam like this newspaper is talking about Christianity, the newspaper company would have been burned to the ground by now and the editor and his entire team be lock behind ISA!

So is the Home Minister going to do anything about it?!?

After all they hauled up the Star editor over something small for running buka puasa articles together with stories on non-halal restaurants. STAR had to make a public apology and PERKASA were yelling for their heads!!!

What will the Christian do?!?

More Importantly! What will Hishammudin as the Home Minister do?!?!

Will Malaysia see justice over this?!?!

Taken from Malaysiakini

Harping on the controversial issue of an "apostasy movement" by Christian groups, Malay language daily Sinar Harian today stepped up its criticisms and accused the movement of encouraging free mingling between the sexes and permitting prostitution.

Yesterday, the daily gave extensive coverage to a so-called "apostasy movement" in its regular Monday column, Bicara Isnin.

In the second part of the column published today, scathing allegations were levelled against the 'Christian movement' and were listed in an information text box titled Matlamat gerakan Kristian (Objectives of the Christian movement).

Sinar Harian listed four items that it said are among other programmes afoot "to destroy Muslims":

1. Social movement: encouraging free mingling between the sexes;

2. Moral degradation: damaging moral values with wild activities;

3. Permitting prostitution as a service occupation; and

4. Films and music: inserting negative or extreme elements and excessive music that leads to heedlessness and negligence.

The daily did not elaborate on these allegations.

On the same page, Sinar Harianpublished two reports quoting Islamic NGO Jamaah Islah Malaysia (JIM) president Zaid Kamaruddin and Malaysia Syariah Lawyers Council president Isa Ralik respectively.

Zaid (left) called on the authorities to establish a research centre to detect apostasy at early stage, before it got worse, while Isa said preaching non-Islamic religions to Muslims was a violation of the federation constitution.

Yesterday the daily reported on its front page that the "apostasy movement" was getting bolder and was being done openly.

In a related development, former information minister Zainuddin Maidin, in an article published in Utusan Malaysia today, urged the Malay rulers' council to focus on the rise of proselytising by Christian groups.

Zainuddin (right) said the proselytising activities exposed recently had been done in a "subtle, intelligent, bold, aggressive and provocative" manner with the purpose of turning Malaysia into another Indonesia.

"Their objective is to erase the image of 'Malaysian Malays - One Religion' and they want Malaysia to become Indonesia, where 'one race is not one religion'."

Comparing the preaching approach of Christian and Islamic groups in the country, the karyawan tamu(visiting fellow) of Universiti Utara Malaysia said Christians were more dynamic and progressive while the Islamic groups were old-fashioned, not creative and not responsive to the current demands.

Therefore, Zainuddin added, the Malay rulers' council, which oversees the nation's religious agencies, should address the issue immediately.

UPDATE: Sinar Harian has apologies for this article but they called

what they did as "information given was inaccurate". I hardly call that a sincere apology!

Still we are waiting for the Home Minister to act!!