Enough of Pledges!  We Need Actions!

By
M. Bakri Musa

Prime Minister Najib Razak’s pledge to improve six key areas (crime, corruption and poverty reductions as well as education, infrastructure, and public transportation) would have met widespread applause if only he had indicated just a wee bit more on how he would go about achieving those lofty goals. Malaysians are rightly fed up with highly optimistic targets and stirring slogans; what we desperately need are leaders who could execute things and get us there.

            Najib refers to those objectives as national “Key Results Areas” (KRAs). If he is not diligent and imaginative in the execution, Najib’s KRA could very well end up as KeRA (monkey).  Kera would then join with Najib’s earlier glokal Malay to be the next laughing stock of the nation.

            The very manner in which Najib made the announcement does not give us much confidence.  He made it at a huge gathering of civil servants and on a working day.  Thus during that entire morning work at the various government offices was at a standstill.

            More than likely the afternoon too was a washout, with those officers busy rehashing the speech.  With their superiors absent, the subordinates would even be more sluggish than usual.  I pity members of the public who had urgent businesses with the government on that day.

            Najib has acquired one of the many bad habits of his predecessor.  Abdullah Badawi used to convene his ministry officials for a monthly lecture a la school assembly.  And just like a headmaster, Abdullah would stand on the podium sermonizing in his soporiferous monotone voice, putting everyone to sleep.  That is, if he himself had not dozed off first.  Of course work at the ministry would come to a screeching halt.

            The Chief Secretary to the government Sidek Hassan has not thought of advising Najib to use other more effective and cheaper ways to communicate, like newsletters or even taping the message onto a CD and then distributing it.  Perhaps Sidek is in awe of Najib, imagining him to be the civil service’s Steve Jobs.  Apple’s Jobs used to gather his employees in a huge hall at the launch of a new product or to make significant announcements.

            If only Najib has a fraction of Job’s charisma and executive ability, perhaps such large gatherings could be excused and defended as a means of rallying and inspiring the troops.  Having seen the videotape of the assembly however, it was more a torture session, torture for those civil servants to remain awake!

            Najib deludes himself if he thinks that simply assigning a responsible minister would solve the problem of execution. None of the six ministers he has selected had excelled themselves or impressed us with their executive talent. Muhyiddin, for education, has not ‘wowed’ us with his flip flopping on the policy of teaching science and mathematics in school.  As for Hishammuddin, responsible for crime reduction, his previous tenure in Education did not enthrall us with his competence.

            Then there is Ong Tee Keat, responsible for infrastructure development. This poor soul has yet to explain the rapidly ballooning boondoggle that is the Port Klang Free Zone Development scandal.

            I would have been more impressed had Najib in assigning the areas of responsibility also indicate the price for non-performance.  Would Hishammuddin be relieved of his cabinet post should he fail to reduce the crime rate?  Heads must role when there is a major lapse.  That is the only way to make people accountable and take their responsibilities seriously.  If there is no price to pay for failure, there is little incentive to perform, much less excel.

            Take crime reduction; Najib is needlessly reinventing the wheel.  All he has to do is revisit the recommendations of the Royal Commission on the Police of four years ago.  Along the same vein, if during the tenure of the present Police Chief Musa Hassan the crime rates have soared, that is compelling enough reason not to renew his contract.

            My hunch is that Najib will renew Musa’s contracts, thus making a mockery of the commitment to crime reduction.  Najib would do more for crime reduction by firing the glaringly ineffective and incompetent Musa Hassan.  Otherwise all those lofty goals would merely be cakap kosong (empty talk), KRA morphing into KeRA.

             Likewise in his battle to curb corruption, Najib would do well to get rid of the present director of MACC, Ahmad Said Hamdan.  His agency’s record in the two latest high-profile cases is abysmal. Then there is the tragic death of one of its ‘friendly’ witnesses.

             Simply upgrading or renaming the old Anti Corruption Agency to the Malaysian Anti Corruption Commission would not combat corruption if you are still stuck with the same personnel, procedures, and mindset.

A Better Approach

A more effective approach would have been for Najib to gather his assigned minister and the relevant senior officers to a private meeting where he would lay out his goals and inquire from them the steps and initiatives they would recommend in reaching those goals.

            Those meetings would be working sessions, dispensing with time-wasting unnecessary protocols.  Everyone would literally roll up their sleeves.  That is not the time to be in your three-piece suit.  There is much heavy lifting to be done, with ideas critically examined, resources allocated, and markers put in place.

            Such meetings would not only be cheap they would also not disrupt the normal workings of the various departments, especially if they are held outside regular office hours. Those meetings would be the time to monitor progress, get feedback, and modify strategies if need be.

            Najib’s meetings thus far have been heavy on press coverage and laudatory comments especially in the mainstream media.  This is not the time for premature accolades; there will be plenty of time for that later when those objectives are achieved.  Meanwhile we should all be critical lest these leaders get carried away with too early unmerited applauses.

            Like his predecessor Abdullah Badawi, Najib is thus far satisfied merely with making highly publicized public pronouncements instead of attending to the necessary nitty-gritty of governance.  It is attention to such practical and mundane details on which the success or failure of a policy would depend.

            Najib must act more as chief executive and less a sultan satisfied merely with issuing endless titahs (edicts). Malaysia has enough sultans already with the nine that it has; there is little need to add to the roster.

                This entry was posted on Monday, 3 August 2009, 10:56 am and is filed under
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How to spot the Usurper between Ganesan and Sivakumar?

By NH Chan

News item in MalaysiaKini – July 24, 2009

I found this news item in MalaysiaKini – an online news portal:

Speaker vs. Speaker: Police report over letterhead

Humayun Kabir Jul 24, 09

Barisan Nasional state assembly speaker R Ganesan lodged a police report with the Ipoh district police headquarters accusing his Parkatan Rakyat speaker V Sivakumar of illegally using the speaker’s official letterhead twice to communicate with him.

Ganesan said the ‘abuse of official letterheads’ happened twice – Sivakumar’s July 14 reply to his affidavit and summoning Ganesan to an inquiry on July 27.

Ganesan claimed that he was appointed as the legal speaker on May 7 to replace Sivakumar and thus the latter had used the letterheads ‘illegally’.

Sivakumar had summoned Ganesan before him and his Committee of Powers and Privileges on Monday to answer charges of contempt and unlawful conduct.

Sivakumar in his summon notice stated that Ganesan had no right to be in the House during the riotous May 7 assembly sitting and had acted contrary to parliamentary practice when he instructed the police to remove Sivakumar from the speaker’s chair at 2.4Opm that day.

‘I am the lawful speaker’.

Sivakumar, who is Tronoh assemblyman, maintained that he was the legal Perak Speaker and also chairman of the powers and privileges committee.

Now, to us ordinary folk of Perak and even elsewhere in this country, we all know that Sivakumar is the Speaker of the Perak Legislative Assembly. Yet there is this shameless individual Ganesan who pretended to be oblivious of the fact that Sivakumar is the elected Speaker of the Legislative Assembly. Before I read out the law on the status of Sivakumar so as to show that the imposter Ganesan has no legitimate claim whatsoever to the Speaker’s chair at all, I think it is appropriate to pause here for a moment to recount Shakespeare’s
Hamlet
 for us to understand the character of Ganesan.

Most of us have read
Hamlet
, a tragedy by William Shakespeare, during our school days. If you have not or if you have forgotten, here is the synopsis which is taken from
The Oxford Companion to English Literature
, Fourth Edition 1967. A noble king of Denmark has been murdered by his brother Claudius after he had seduced Gertrude, the king’s wife and mother of Hamlet. Claudius has supplanted on the throne the murdered king’s son, Hamlet. He then married with indecent haste the dead king’s widow Gertrude.

The play presents itself to an Elizabethan audience, like Dr Johnson and other eighteenth century critics apprehend, the political situation of the era. Dr Johnson calls Claudius “the Usurper”. Hamlet was the rightful heir to the throne who had been robbed of his inheritance by an uncle who had taken his place on the throne. The play ends with the untimely end of the Usurper Claudius and Hamlet’s mother who had accidentally taken poison.

The foresight of Shakespeare is uncanny in its resemblance to the political scene in Perak. Here in present day Perak, the Usurper Ganesan fits into the character of Claudius who for position and power has forsaken the application of the Perak Constitution in assuming the mantle of Speaker by nefarious action. Like Claudius, Ganesan is an unprincipled Usurper – his crass behaviour is that of a bully and ruffian – a rogue and a thug. Like Claudius, he has robbed the incumbent Speaker Sivakumar of his rightful place as Speaker of the legislature by force.

On the other hand Sivakumar is the duly elected Speaker. He was appointed by the majority of the members of the Legislative Assembly of Perak shortly after the general election in March 2008; and it is there that he will remain as the legitimate speaker of the assembly until he resigns his office (Article 36A(2)) or is disqualified (under Clause 5) or the Assembly has resolved that he vacates his office as speaker (Article 36A(2)(d)). That that is the true position and status of the office of Speaker as Sivakumar rightfully is. It is so provided in Article 36A of the Laws of the Constitution of Perak. Thus:

36A. (2) The Speaker may at any time resign his office and shall vacate his office –

(a)

(b)

(c ) upon being disqualified under Clause (5); or

(d) if the Assembly at any time so resolves.

(5) A member who is elected to be Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial industrial or other undertaking, whether or not he recives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community

(6) Where any question arises regarding the disqualification of the Speaker under paragraph [sic] (5) the decision of the Legislative Assembly shall be taken and shall be final.

The effect of Article 36A, Clauses 2, 2(c) and (d), 5 and 6 is that Sivakumar cannot be deposed by any Usurper to the chair of the Speaker. In this case we have read in the newspapers that unlawful force had been used – Sivakumar was manhandled by the police – who evicted the constitutionally elected Speaker Sivakumar from the Legislative Assembly. For this dastardly and criminal act committed by those policemen and the Usurper Ganesan – who has admitted that it was he who had summoned the police, and all those other persons who participated in the forceful eviction of Sivakumar, Sivakumar has a claim against each and every one of them for substantial damages which should include a claim for aggravated or exemplary damages for trespass to his person for assault and battery. Possibly even for false imprisonment – if I remember correctly, he was restrained by the police to enable the Usurper Ganesan to supplant on the chair of Speaker Sivakumar.

Furthermore, all the perpetrators are in contempt of the Legislative Assembly and could be dealt with by the Speaker Sivakumar.

So then, what is the thug and Usurper Ganesan talking about in his rant about the legitimate Speaker Sivakumar using the letterhead of his office of Speaker of the Legislative Assembly? Everything the Usurper Ganesan says, as reported in the news item of 24 July 2009 in Malaysia Kini, is untrue. The Usurper Ganesan is not the rightful Speaker. Mr Sivakumar is. The Usurper Ganesan is the thief who tried to rob the honest and legitimate incumbent Mr Sivakumar of his rightful place as Speaker in the Legislature of Perak. Imagine this. When intruders enter your home to commit robbery and you call the police. Instead of apprehending the robbers the police joined hands with the robbers and robbed you. After that the robbers lodged a report with the police that you stole from them. This is what is happening in Perak – The Usurper Ganesan has “lodged a police report with the Ipoh district police headquarters” and he has the cheek to accuse “Speaker V Sivakumar of illegally using the speaker’s official letterhead twice”. ‘Why can’t the duly appointed Speaker use his official letterhead? Surely he is entitled to do so. What right has the Usurper Ganesan to say otherwise?

In conclusion, therefore, since Speaker Sivakumar has not resigned his office (Article 36A(2)), nor was he disqualified under Clause 5 of Article 36A, nor did the Perak Legislative Assembly resolve that he vacates his office (Article 36A(2)(d)), he is still and always has been the legitimate elected Speaker of the Legislative Assembly of Perak.

In Perak, it is only the Legislative Assembly that has the power to resolve that the incumbent Speaker vacates his office. This is what Article 36A, Clause 2 (d) of the Laws of the Constitution of Perak states:

36A. (2)
The Speaker may
 at any time resign his office and
shall vacate his office
 –

(a)

(b)

(c)

(d)
if the Assembly at any time so resolves
. (I have supplied the emphasis)

There has been no resolution by the Legislative Assembly that Speaker Sivakumar is to vacate his office as Speaker. Article 36(2)(d) is the only provision in the Laws of the Constitution of Perak where a Speaker can be required to vacate his office by resolution of the assembly.

Another startling news report in Malaysia Kini – July 27, 2009

Then on 27 July 2009 there appears another shocking news report. Here is the report from Malaysiakini:

‘
Speaker’ Sivakumar denied entry by police

Humayun Kabir I Jul 27, 09 5:44pm

There was a 70 minute stand-off when Pakatan Perak Assembly Speaker V Sivakumar and his Rights and Privileges Committee members were denied entry into the State Secretariat.

The six-member committee was to hold an inquiry into the conduct of BNappointed state Speaker R Ganesan, who called police into the House to remove Sivakumar during the riotous May 7 assembly sitting.

The committee also wanted to interview three witnesses – Pokok Assam’s Yee Seu Kai who lodged the complaint against Ganesan DAP state chairman Ngeh Koo Ham and constitutional law expert Tommy Thomas.

Wall of police personnel

Sivakumar and his six-member committee then arrived at the State Secretariat at 9.55am to face a wall of police personnel blocking their path into the state government building.

Ipoh CID chief Glenn Anthony told Sivakumar that he had instructions from the state secretary not to allow him and his committee into the building.

Now, all of you right thinking members of the public in Perak and elsewhere in this country would like to know why the CID chief Glenn Anthony are taking the side of the wrongdoer? Imagine yourself returning to your home and seeing a wall of police personnel preventing you from entering your home and you are told by the police chief that he has instructions from your servant not to allow you to enter your home when you are the boss. The Speaker Sivakumar is the boss; not the State secretary and certainly not the imposter Ganesan.

Yet another news report – the Sun Friday July 31, 2009

Next is the report in the Sun newspaper of Friday July31 2009. The Sun gave a misleading report It took the side of the Usurper Ganesan. It declared that the imposter is the Speaker, thus:

Sivakumar’s rights and privileges panel dissolved

IPOH: The previous Perak Rights and Priveleges Committee headed by Tronoh assemblyman and former speaker V. Sivakumar can no longer hold a meeting as it is deemed dissolved after the May 7 sitting of the state assembly.

The reading public knows, because I have informed them that the incumbent Speaker  Sivakumar cannot be forced to vacate his office until the Legislative Assembly of Perak has passed a resolution that he shall vacate his office: see Article 36(2)(d) of the Constitution of Perak as shown above. The Sun should not mislead the public in this way. The report in the Sun continues:

State assembly secretary Abdullah Antong Sabri said yesterday the committee was valid for only one term and it ceased to function after the state assembly entered a new term.

“New committee members were appointed during the meeting of the second term on May 7. As such, the previous committee chaired by Sivakumar is no longer valid,” Abdullah said.

He said Datuk R. Ganesan was appointed the new state assembly speaker and chairman of the Rights and Privileges committee during the sitting.

Who appointed Ganesan? Don’t these people know that they cannot do as they please? They have to apply Article 36A(2)(d) as it stands. They cannot take the law into their own hands. Every one in this country is under the law. The report in the Sun goes on to say:

Shamshuzaman conveyed a directive from State Secretary Datuk Abdul Rabman Hashim that the committee was barred from holding its meeting at the complex as it was no longer valid and relevant.

Does not the State Secretary realize that he is only a civil servant and he is not the law?

He is not above the law and he should not serve the imposter and Usurper Ganesan. He cannot take the side of the wrongdoer. He knows that the legitimate Speaker is Sivakumar who cannot be forced to vacate his office of Speaker without the Assembly resolving that he so vacates his office.

It looks as if all these people who sided with the imposter and Usurper Ganesan are all in cahoots, otherwise, how do you explain how they seemed to have acted in unison! The State Secretary should know his place which is to be in charge of the administrative management of the State – in short he is only a manager of the state government; a civil servant – no more than, no less. He is not above the Speaker who is an elected member of the Legislative Assembly and he cannot speak on behalf of the Speaker who is appointed as such by the Assembly. He has no authority to issue instructions to the police to obstruct the Speaker. This is how Article 36C puts it:

36C. (1) There shall be constituted the offices of State Secretary, State Legal Adviser and State Financial Officer and appointments thereto shall be made by the appropriate Service Commission from amongst members of any of the relevant public services.

(2) (a) The State Secretary shall be a Malay and profess the Muslim religion and shall be the principle officer responsible for the administrative management of the State.

(3) Every such official shall have the right to take part in the proceedings of the State Executive Council and the Legislative Assembly and may be appointed to any committee thereof but shall not have any vote in the State Executive Council or the Legislative Assembly or in any such committee.

So, how dare he issues a directive that the Rights and Privileges Committee is barred from holding its meeting at the complex as it was no longer valid and relevant. Who is he to say that the committee is no longer valid and relevant? He does not even know the State Constitution, otherwise he would not be saying anything so stupid. Does he not realize that he is acting beyond his powers under Article 36C of the Perak Constitution when he obstructs the rights of elected representatives of the State from entering the office of the State Legislature? In the eye of the people of Perak this nasty individual is just a minion of the people’s elected representatives.

This final piece of news from
The Star
 indicates that they are all in cahoots

And finally, to cap it all we have Zambry the illegitimate Menteri Besar of Perak entering the fray of inequity. The story appears in The Star newspaper this morning, Monday 3 August 2009. It reads:

Zambry: Don’t allow anarchy to rule

TAPAH: The Government has been urged not to allow anarchy to reign to satisfy one man’s ambition. Perak Mentri Besar Datuk Seri Zambry Abd Kadir said the anti-ISA rallies in Kuala Lumpur on Saturday was all about fulfilling Opposition Leader Datuk Seri Anwar Ibrahim’s ambition to become Prime Minister. “What would happen if he succeeds and the culture continues? Then the country will have no peace and will not be able to prosper,” he told reporters after opening the Tapah Umno delegate meeting yesterday.

“Enough is enough, we need to put a stop to it,” he added.

Is he serious? It looks like he is talking of himself- ever heard of the adage, those who live in glass houses shouldn’t throw stones or the pot calling the kettle black? He forgets that he is one of those who have caused the Perak debacle. He is one of the people responsible for sowing the seeds of discontent in Perak.

Remember what the late Lord Denning said in
The Family Story
, p 179:

No matter who it is – who is guilty of the abuse or misuse. Be it government, national or local. . . . Whoever it be, no matter how powerful, the law should provide a remedy for the abuse or misuse of power. Else the oppressed will get to the point when they will stand it no longer. They will find their own remedy. There will be anarchy.

If you have been reading my articles on the Perak debacle you will see the abuse and misuse of power being perpetrated by those in power. And the higher judiciary are also guilty or such abuse or misuse by not administering the law as it stands – they have even refused to apply the plain language of the Constitution, Federal or State by giving their own meaning to unambiguous words just like Humpty Dumpty did.

And the only way to prevent anarchy from getting a hold in this country is to return to the days of our former glory. Lord Denning puts it admirably, p 179:

To my mind it is fundamental in our society that a judge should do his utmost to see that powers are not abused or misused. If they come into conflict with the freedom of the individual – or with any other of our fundamental freedoms – then it is the province of the judge to hold the balance between the competing interests. In holding that balance the judges must put freedom first.

And our judiciary should also take not of the wise words of Lord Denning, still on p 179:

But if and when wrongs are thereby suffered by any of us, what is the remedy? The courts must do this. Of all the great tasks that lie ahead, this is the greatest. Properly exercised the new powers of the executive lead to the Welfare State: but abused they lead to the totalitarian State. None such must ever be allowed in this country. . . . Let us prove ourselves equal to the challenge.

                This entry was posted on Monday, 3 August 2009, 7:59 pm and is filed under
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Malaysian Arrests Put in Question Vow of Rights

By
THOMAS FULLER

Published: August 2, 2009

New York Times / International Herald Tribune

BANGKOK — Soon after coming to power four months ago, Najib Razak, the Malaysian prime minister, vowed to temper the country’s repressive laws and respect civil liberties though they have often been ignored.

But Malaysia’s honeymoon of liberalism hit the rocks over the weekend, when the police broke up a large rally in Kuala Lumpur, arresting nearly 600 people and reaffirming the governing party’s longstanding policy of zero tolerance toward street protests.

Opposition parties, which organized the rally, were calling for the repeal of a law that allows the government to jail its critics indefinitely without charge. The opposition is also pressing the government to expand an inquiry into the recent death under mysterious circumstances of a political aide after a late-night interrogation by anticorruption officials.

News services estimated that the rally on Saturday, which was broken up by thousands of police officers using tear gas and water cannons, drew about 20,000 protesters, making it the largest demonstration in two years.

“We can provide them stadiums where they can shout themselves hoarse till dawn, but don’t cause disturbance in the streets,” Mr. Najib said Sunday, according to the Malaysian news media.

Since taking office in April, Mr. Najib has gained favor with investors and businesspeople by partly dismantling a system of racial preferences that long caused resentment among the country’s minorities.

He also released 13 political detainees held without trial. An opinion poll conducted from June 19 to July 1 showed 65 percent of respondents were satisfied or very satisfied with his performance. The poll, by the Merdeka Center for Opinion Research, surveyed 1,060 voters.

More recently, Mr. Najib’s government has been criticized as reverting to the authoritarian tactics of previous administrations.

A former health minister and stalwart of the governing coalition, Chua Jui Meng, defected to the opposition in July, saying that Mr. Najib represented an “iron fist behind the velvet glove.”

Lim Kit Siang, a prominent opposition politician, said in a blog entry on Sunday that the large number of people detained “underlines” that the “greatest violators of human rights are often the police and the law enforcement agencies.”

The death of the political aide, Teoh Beng Hock, in July has galvanized opposition parties and caused widespread outrage, especially among the minority Chinese.

Mr. Teoh, a legislative aide in the opposition-controlled state of Selangor, was found dead beneath the 14th-story window of the offices of the country’s anticorruption commission after a nightlong interrogation. A pathologist’s report said he died of internal injuries from a fall.

A government minister initially said Mr. Teoh, 30, committed suicide, but his belt and back pockets were torn, adding to speculation that he might have been forced out the window.

After initial resistance, the government bowed to public pressure and ordered an inquiry into Mr. Teoh’s death as well as the interrogation tactics of the anticorruption officers.

Deaths in police custody have increased in recent years, according to Suaram, a human rights group. According to the Malaysian Home Ministry, 1,535 people died in police custody between 2003 and 2007, the latest year for which data is available.

———-

Malaysia criticised over protest crackdown

(AFP)

KUALA LUMPUR — Malaysia’s government faced criticism Sunday for arresting hundreds of people and using tear gas and water cannon to break up a protest against laws that allow detention without trial.

More than 60 of the 589 people detained in Saturday’s protest, which saw at least 15,000 people massing in chaotic scenes in downtown Kuala Lumpur, were still in custody Sunday according to media reports and lawyers.

“I experienced first-hand the indiscriminate police use of tear gas and its corrosive effects,” said Lim Kit Siang, a veteran opposition lawmaker who took part in the protest.

He condemned Prime Minister Najib Razak over the heavy-handed police response, which saw 5,000 officers, including riot squad members, play a cat-and-mouse game with protesters through city streets.

“Is this an indication that the Najib premiership is going to be the most draconian of all prime ministers since independence in 1957?” he asked.

Najib had criticised the protest plans before the demonstration, saying that he had already promised to review the controversial legislation after taking office in April.

On Sunday he defended the police action, saying they had a duty to preserve security.

“Street demonstrations should not continue and the authorities can take action,” he was quoted as saying by the national news agency Bernama.

Home Minister Hishammuddin Hussein, who is charge of the police force, reportedly said the Internal Security Act (ISA) could be amended as soon as the next parliament session.

But the opposition and rights groups are calling for the colonial-era ISA — which has been used to detain government opponents as well as suspected terrorists — to be abolished.

Latifah Koya, a lawyer for the arrested protestors, said police were continuing to hold senior opposition lawmaker R. Sivarasa, as well as the wife and son of an ISA detainee. Two other children were also in custody.

“We totally condemn the police action. People who merely wore tee shirts with an anti-ISA logo were also arrested. We demand their immediate release,” she told AFP.

Political analyst Khoo Kay Peng said that the results of 2008 elections, which saw a major swing away from the ruling Barisan Nasional coalition, showed Malaysians were demanding greater freedoms.

“The people want change. If the Barisan Nasional wants to remain in power they have to listen to the people who desire liberty and respect for individual rights,” he said.

“They took to the streets because the government has not provided an alternate platform to engage the people,” he said.

Khoo said the coalition, which has struggled to claw back support since the landmark 2008 polls, faced defeat at the next general elections if it failed to introduce democratic reforms.

                This entry was posted on Monday, 3 August 2009, 11:03 am and is filed under
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Police arrest of 589 people in crackdown of peaceful “Abolish ISA” assembly a “black eye” to Police and BN human rights but which Najib and Hishammuddin seem to regard as a “badge of honour”!

It is indeed both tragic and pathetic.

The mass arrest of 589 people in the harsh police crackdown of the peaceful patriotic “Abolish ISA” assembly in Kuala Lumpur on Saturday  using excessive force and indiscriminate firing of tear gas and chemically-laced water cannon at all and sundry, including women and children, passers-by and the residents in the vicinity, is a veritable “black eye” to the police and the Barisan Nasional human rights record – nationally and internationally as evidenced by the very critical and damaging international media coverage.

But to Home Minister, Datuk Seri Hishammuddin Hussein and the Prime Minister, Datuk Seri Najib Razak  and their other Cabinet Ministers, the “black day” in the Kuala Lumpur streets of August 1, 2009 – where it is not the peaceful patriotic tens of thousands who caused breaches of peace and disorder with their remarkable discipline and commitment to peaceful protest but  the “disciplined” 5,000-strong police force on the directives of their police superiors – and the “black eye” to the police and Barisan Nasional human rights record are regarded as a “badge of honour”!

This shows the canyon of differences that have emerged on the part of the majority of thinking Malaysians and the international society on the one hand and the present power-holders on the other on  what is the meaning of human rights, peaceful protest and the proper role and conduct of the police force.

The Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz  spoke about “crushing” the anti-ISA rally and declared that “As long as Barisan Nasional is leading the government, the ISA will not be abolished”.

Does Nazri think that Malaysia is run by the likes of  Hitler, Stalin, Mussolini, Nicholas Ceau?escu and Saddam Hussein?

If the majority of Malaysians want the  ISA to be abolished,  is the Barisan Nasional going to stand in the people’s way?

Home Minister, Datuk Seri Hishammuddin Hussein is sabre-rattling, vowing action against Pakatan Rakyat leaders who  “masterminded” the peaceful patriotic “Abolish ISA” protest on Saturday.

Hishammuddin can be assured of full support from leaders of all Barisan Nasional component parties is the Pakatan Rakyat leadership can be decapitated, especially for those who see  this as the only way to save Barisan Nasional from defeat in the next general elections.

The Prime Minister, Datuk Seri Najib Razak is more conciliatory, declaring that the government had nothing against the idea of public gatherings  to voice out dissatisfaction, offering even to provide proper venues such as stadiums “where they can gather and voice their unhappiness”.

But why didn’t the Prime Minister voice his position and offer the use of stadiums before Saturday?

Why didn’t the Prime Minister respond to the request for a meeting by the Pakatan Rakyat leadership made on 28th July 2009, where he could have made these proposals?

Is Najib prepared to agree to a public inquiry by Suhakam to investigate who was responsible for the breaches of peace, disorder and gross human rights violations at the peaceful patriotic “Abolish ISA” gathering on Saturday – the 5,000-strong police contingents or the tens of thousands of peaceful patriotic Malaysians who want the ISA to be abolished?

Alternatively, an international human rights inquiry commission could be instituted compromising  credible and eminent international human rights personalities to establish the truth –  to ascertain who were really guilty of gross human rights violations at the peaceful patriotic “Abolish ISA” assembly on Saturday.

Is the Cabinet on Wednesday prepared to endorse such a human rights inquiry, whether by Suhakam or by an international tribunal?

                This entry was posted on Monday, 3 August 2009, 2:57 pm and is filed under
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What will happen to Kampung Buah Pala?

By
Lilian Chan

A lot of questions were being asked and many are still asking the same questions until today. So, I take the liberty of downloading the exclusive interview Maran Perianen of Malaysiakini had with Chief Minister Lim Guan Eng on July 15, 2009 and uploaded it to my Facebook.

(if the video doesn’t show up, it means Facebook site is down)

Tomorrow (Monday) will be the D-day. Will the landowner Koperasi and the developer Nusmetro send bulldozers to demolish the houses there? Will the supporters of Kampung Buah Pala lie in the path of the bulldozers? Will there be tear gas and water canon courtesy of FRU? Will Special Branch nabbed all those who made mischief?

My fellow citizen journalist from Ipoh who is a Hindraf supporter talked to me over the phone just now. He joked with me to make sure I video him if he has to sleep on the road to prevent the demolition. We are going to be there. I will be there because I don’t want anything bad to happen to those adorable Indian old ladies who were so sweet to me. To me, SOME of the people living there deserves our moral support. Like Uncle I-Pasu (not sure if that’s how his name is spelt) who walked with a limp. He is a newspaper delivery man. He said, “Saya sudah tua, kalau kasi saya satu rumah, pun cukup lah….” Now, the Penang State Government has tried to negotiate for a house, a corner of the land and a community hall for the villagers. Will they get that? Will they have time to move their things and stay elsewhere when demolition begins at a time when things are less chaotic?

I have attended many press conferences by CM Lim and Prof. Ramasamy. I have faith that they are nice people and will not allow any harm to come to the villagers there.

I don’t know. But I have prayed hard for a happy ending. I pray for the CM and his Excos/ADuns to have wisdom to solve this sticky situation. And this morning, during Sunday mass, our priest Father Fabian also prayed with all of us that the issue in Kampung Buah Pala will be settled.

(P/S : There is a lot of static sound in the video because of the external mike used for the CM. Nothing can be done, sorry.)

CJ Chan Lilian packing her gears :

Salt – check

Wet towel – check

Running shoes – check

Camera + memory card + battery + charger – check

Helmet

Gas mask

Muahahahar…you think I play play wan meh? I really got industrial gas mask one….And salt in tiny sachets, ‘borrowed’ from McD. I’m lovin’ it!

                This entry was posted on Monday, 3 August 2009, 5:09 pm and is filed under
Lim Guan Eng
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Why 8 STAR reports in 8 days on“black blog” to defame DAP Selangor leaders but no mention of RPK’s blog post detailing 5 flights taken by Ong Tee Keat in private jet of Tiong King Sing?

MCA President and Transport Minister, Datuk Seri Ong Tee Keat yesterday thanked me for
lodging a police report last Monday to protect his life over a death threat to him
, but said I had no locus standi in the matter and  that in any event, I was “one-step too late” as he had lodged a police report the same day.

There is no need for Ong to thank me as I was lodging a police report more for the public interest to ensure that Cabinet Ministers whether Ong or the others are not threatened by Malaysia’s version of “black gold” politics invoking “dark forces” of politico-business underworld combined with certain Barisan Nasional elements to compromise the integrity of their decision-making process.

However, it would appear that Ong has lodged a police report on a threat to him which is different from the death threat which had been made against Ong much earlier – which means my police report was indeed necessary to protect Ong’s life.

The police report lodged by Ong was over a threat in the form of a note sent to his house warning “Watch Out”.

But this is not the death threat he talked about when interviewed by
Sin Chew Daily on 16th July 2009
, where he said:

Q: You said you were threatened by people. How did they do it? And by whom?

A: Someone tried to deliver a message through some friends in the secret society, saying that if some day I suddenly disappear from this world, I should know why this has happened.

Clearly, we are referring to two completely different events.

In the case of the threat in the note “Watch Out”, Ong did not know the identities of the person who sent it to him.

But in the case of the death threat delivered to him through “secret society brothers” which read: “If you’re wiped out from this world some day, you should know why this has happened”, Ong knew the identities of the persons involved:

the person who sent him the death threat; and

the “friends in the secret society” who delivered the death threat to him.

Has Ong told the Police the person who sent him the death threat and the “friends in the secret society” who delivered to him the death threat that he would “disappear from the world”?

So far, Ong has not lodged a police report about the death threat to him that he would “disappear from the world”? Can Ong explain why?

Recently, there has been a sprouting of anonymous “black blogs” to spread lies,  half-truths and doctored documents to defame  Selangor DAP leaders in the wake of the mysterious death of Teoh Beng Hock at MACC Headquarters on 16th July 2009.

What is shocking is the involvement of MCA elements in these black blogs, with MCA’s newspaper The Star among Barisan Nasional mainstream media which had played a prominent role in disseminating lies and falsehoods from anonymous “black blogs” which no self-respecting mainstream media would normally touch with a barge-pole.

But in the case of the anonymous black blog, t4tbh.blogspot.com, which told lies and half truths about DAP leaders, particularly from Selangor, the Star was in the forefront of certain mainstream media to promote it with extensive reports of  its allegations.

Can the MCA-owned Star explain why it had published eight reports in eight days from July 24 to August 1 to get excuses to disseminate the blog address of the anonymous “black blog” to defame DAP Selangor  leaders.

Can the MCA Star explain the double standards in scrupulously omitting mention or report of RPK’s blog post Malaysia Today since July 31 detailing
five flights taken by Ong Tee Keat in private jet of Tiong King Sing, boss of KDSB
, turnkey developer of Port Klang Free Zone (PKFZ)?

Can Ong confirm and if so, explain, these five flights on Tiong’s private jet “all over the place” when he had become Transport Minister? I will ask this question in Parliament if Ong chooses to keep dumb.

                This entry was posted on Monday, 3 August 2009, 3:43 pm and is filed under
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Anwar a traitor?

By Hussein Hamid

If like Anwar I am call a traitor for denouncing UMNO as failing to defend the special rights of the Malays and the Monarchy then let me stand beside Anwar and be a traitor.

UMNO defending the rights of the Monarchy? Was it not your President Mahathir who stripped away the legal privileges of the Sultans – the hereditary and cultural symbols of the Malays? The Sultans to whom we all go for protection against political and administrative excesses? And then you all have the audacity to put yourself on the same level as we had once had placed the Sultans on – but this time giving the Malays no access to protection from the excesses you have indulged in and now continue to indulge at the expense of the Malays? I did not hear of any Sultan taking Ringgit $500 million for services rendered. I did not hear of Sultans using the Police to impose their will upon the Malays. I did not hear of Sultans blowing up foreign nationals. I did not hear of Sultans willing to allow the Malays to suffer economically as they do in Kelantan, just because the people in that state choose to have, as their government, a party that is not UMNO.

And you call us traitors to the Malay cause? Are the people in Kelantan not Malays?

If they question Anwar’s sincerity for not raising the matter when he was in power then I too am not sincere because I was once one of those that look upon UMNO as our savior and never did denounce UMNO until now.

If what I say now shows disrespect to the Malays then I rather do this then to  sit quietly while our Malay leaders enrich themselves through greed and corruption – as they continue to do today. If I am guilty of showing disrespect to these Malay leaders – so be it , I plead guilty as charged.

It is because I am sick to my stomach of UMNO leaders and their cronies taking, taking and taking for themselves what is rightfully for the Malays that they say they have been championing that I now stand up and point my finger at them and say to myself that if anything, I have been guilty of keeping quiet..because I, like Anwar, have had hopes that the aspirations of the Malay would have taken precedent over the greed of our leaders.

UMNO is greed. UMNO is deceit. UMNO is dishonor. You Muhyiddin, You Najib, you Khir Toyo, you Mahathir, You Daem, …and so many other UMNO cohorts have brought dishonor to UMNO and shame to us Malays. You dare call Anwar a traitor. Then call me one to.

There was a time when we had to expose the goings on in the award of tenders, privatization deals, projects failure…to make the people understand your misdeed while in power – NOT ANYMORE – that UMNO has become a bloated, corrupt and sleazy organization is a given fact – a fait accompli – a fact realized or accomplished – a decided fact – now days we can say that in your face and your leaders and past Presidents have accepted it as FACTS. Let me say it again – it is a given fact that UMNO is corrupt. Whether Anwar and me are traitors is still to be decided!!

Our worry is this. Now that you know that you will lose the next GE – what will you do to win it? Or should the question be what will you NOT do to win the next GE. Murder most foul. You have done it. Giving Ringgit 500 million for ‘services rendered’ to your running dog? You have done it. Using the ISA indiscriminately separating our leaders from their loves one? You have done it. I can name any evil under the sun and you have done it. UMNO through its leaders, have done it…and you dare to call me and Anwar traitors for speaking up? I can only shake my head in disbelief when trying to work out what is that you will NOT do? But this we pledge…whatever you do, do not think that you will be able to make us go away…. Never. We will be your worst nightmare – not money, not your might, not you threats not your gifts will deter us from doing the right thing. We will keep our anger until the next General Elections.

                This entry was posted on Tuesday, 4 August 2009, 9:29 am and is filed under
Anwar Ibrahim
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Hussein Hamid
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Can Malaysia get out of the information black-hole as a result of snail-pace broadband to  join the ranks of super-fast broadband nations?

I have received a report from my IT Manager Goh Kheng Teong on his meeting at a TM Customer Engagement convened by Telekom Malaysia last Friday on July 31, 2009 in Bangsar following his constant badgering of Telekom Malaysia with complaints about atrocious Streamyx service with little results.

The Engagement was attended by seven customers and some 30 TM staff led by Jeremy Kung, Executive Vice President, Consumer and Chief Executive Officer of TM Net Sdn. Bhd.

I find Goh’s report of great public importance if Malaysia is get out of the information black-hole as a result of  snail-pace broadband to join the ranks of super-fast broadband nations and be among  the front band of internationally competitive nations.

I have decided therefore to make Goh’s report public to initiate a public debate to ensure that Telekom Malaysia is not allowed to abuse its monopoly position to impede Malaysia’s long-delayed quantum leap to become an information and communications technology power.

This is the relevant parts of Goh’s report on his meeting with TM staff in Bangsar, Kuala Lumpur on July 31, 2009:

Jeremy Kung, Executive Vice President, Consumer & Chief Executive Officer of TM Net Sdn Bhd started presentation on overview of TM Net position in the market and continue on to explain the architecture of Streamyx from a very high level perspective. In the presentation also, he explains the plans of TM Net such as improving customer service, providing information to customers on PC maintenance and Fair Usage Policy in the pipeline.

Among the statistics presented that caught my attention were Internet penetration by user is only 6.1% (per population). Internet penetration by household is over 30%. And TM Net owns the lion share at 75% of the market.

The other statistics which sticks was the proportion of fault caused by customer vs. TM Net. In June 2009, 31% fault of customer and the rest was TM Net fault. June 2009 sees an increased of fault caused by TM Net compared to December 2008 as presented by Jeremy Kung.

A customer who participated seek to clarify whether it is true that most of the time fault lies at TM Net side. The staff present confirmed the figures. Which draw comments from other participating customers on modus operandi of TM Net call centre that lay blame on the customers first before anything else. Later on some one highlighted that he was asked to format his computer to improve his Streamyx speed.

During the presentation on Fair Usage Policy, which TM Net says they are studying and finding the right tweak for the network before implementing. At this juncture, I asked what is TM Net’s International Bandwidth per customer (kbps/customer). A long explanation without going into specific about how TM Net use some formula to have certain level of bandwidth for customers.

After repeated request for information on available International Bandwidth per customer (IBPC) which is an international measurement parameter on broadband, the staff who explained on behalf of Jeremy Kung says they are unable to divulge the information. Which was retorted by me that this is an international measurement parameter and it is freely available for countries like Thailand and Indonesia. The final response was that the information are surveys done by third

party and they do not have the data. Which I accepted in order not to prolong and sidetrack the whole exercise.

After my query on IBPC, the other customers built on the point of “speed not enough” started the volleys of complaints. A customer who subscribed to 4Mbps package have local connection of 7Mbps. However, international speed was still very bad. Case in point given was the constant and very long buffering of youtube videos.

He emphasised that there’s no quality of speed given by Streamyx. Which he elaborated as no consistency of speed.

Among other issues brought up was the discrimination of users according to IP address family. This lead to the discussion of slow connections between 9am to 5pm. Customers claim that during these hours, TM Net have signed agreement with some banks, such as Standard Charted guaranteed bandwidth.

TM Net staff went on the defensive and says that banks are on special package which cost a bomb. Which of course not only does not satisfy those who were present but also turn the heat up a few notches.

The discussion then developed into the point of network neutrality. I argued that regardless of what package we paid for, the data packets must be treated equal. Which is not the case now. And I claimed that TM Net murdered network neutrality before there’s even any public discourse on it.

Further point which was raised relating to quality of speed is that TM Net does not have enough International Bandwidth to support its current customer base. And that TM Net has oversold  their available International Bandwidth to corporate customers such as the banks and other ISPs such as P1 Wimax.

Almost all the customers present were subscribers to 2Mbps and above. Many upgraded their packages from 1Mbps to 2 or 4 Mbps thinking that that would solve their woes of slow connection. And unanimously it was not the case.

At this juncture, I took the opportunity to air my case, that my 4Mbps package was slower than my brother’s 512kbps package as claimed by him. I also provided copies of speedtest print-outs to 22 destinations all over the world as proof of the state of connection.

Most of the discussion (discontentment) was with speed provided by Streamyx. Unanimously all the customers present felt that the arrival of HSBB will not solve the problem.  All the customers present also point out that they are not a customer of TM Net by choice. And given a choice, they would not subscribed to Streamyx

Another specific issue brought up was, the response of TM Net over complaints filled at the end of the week. If the complaints were filed on Thursday, it will only be addressed by next Monday noon time. The customer said this cost him a lot of international business over the weekend.

The final specific issue which I brought up was the collection of RM88.00 for upgrade installation of Streamyx package. In the present of Jeremy Kung, the staff in charge clarified  that there is no installation charge for existing customers who wants to upgrade. And whoever have been charged RM88 for installation during upgrade should contact TM Net as soon as possible.

As a conclusion, the exercise was successful as only to the extent that customer could air their views and complaints direct to the CEO, Jeremy Kung. However, throughout, the responses from TM Net staffs were defensive and provided no promises or solutions.

As far as I am concerned, the only way to save Malaysia from going down the information black-hole and continue to drop behind the rest of the world is a full and complete liberalisation of Internet service from end to end, viz. International Landing Rights, Local Exchange, Last Mile Copper/ Fibre. TM Net could not and will not change as long as there’s no competition.

Telekom Malaysia owes Malaysians and the country more satisfactory and acceptable answers to the many issues raised.

If there is no significant improvements in the TM performance and streamyx services, DAP and Pakatan Rakyat MPs will ask for a meeting with the top TM leadership.

Why is the Malaysian Communications and Multimedia Commission (MCMC) and the Minister for Information, Communications and Culture Minister Datuk Seri Dr. Rais Yatim so passive and even indifferent in allowing Telekom Malaysia to fail in its national mission to catapult Malaysia into the forefront of ICT nations as promised by former Prime Minister Tun Dr. Mahathir Mohamad when he launched the Multimedia Super Corridor (MSC) more than a decade ago?

I call on Rais to give his personal attention to the unsatisfactory answers on all the important issues raised as he will have to answer to Parliament both for Telekom Malaysia’s failure as well as his Ministry’s failure to exercise proper supervision and monitoring of Telekom Malaysia’s monopoly position and streamyx services.

                This entry was posted on Tuesday, 4 August 2009, 9:53 am and is filed under
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Dare Ministers from MCA, Gerakan, MIC and from the Sabah and Sarawak component BN parties put the rank racism, incitement and sedition in Utusan Malaysia and Berita Harian totally subversive of Najib’s 1Malaysia slogan as the No. 1 agenda in Cabinet

Utusan Malaysia has joined Berita Minggu to come out with an article entitled
“
Melayu jangan jadi bacul
”
 by Noor Azam which spouts  unabashed rank racism, incitement and sedition totally subversive of the Prime Minister Datuk Seri Najib Razak’s 1Malaysia slogan.

If any Chinese or Tamil newspaper had published an article of the same nature but replacing the rank Malay racism with rank Chinese or Tamil racism, there can be no doubt that not only the writer would have been instantly arrested by the police and charged for racist incitement and sedition but the newspaper concerned would have been banned immediately!

Is the Barisan Nasional government having one law for Utusan Malaysia and Berita Harian while another law for Chinese and Tamil media publications?

Are the Ministers from MCA, Gerakan, MIC and from the Sabah and Sarawak component Barisan Nasional parties going to raise in the Cabinet tomorrow  Noor Azam’s racist writing in Utusan Malaysia today – placing it as the No. 1 agenda in the Cabinet meeting tomorrow as otherwise all the talk of Najib about his administration’s new motto of “1Malaysia. People First. Performance Now” would have lost all credibility.

In fact, the Key Performance Index (KPI) Minister, Tan Sri Dr. Koh Tsu Koon should ask the Cabinet to set clear indicators for Najib’s 1Malaysia concept – in taking stern action against media which incite racism and communalism regardless of what variety. Otherwise, what is the use of having KPIs?

Two Sundays ago, Zainul Arifin, the new editor-in-chief of Umno’s flagship newspaper group, the News Straits Times, in his article
“
Kematian Teoh timbulkan pelbagai spekulasi politik
”
, made the utterly irresponsible, abhorrent and baseless allegation against DAP and Pakatan Rakyat for harbouring the agenda to weaken Malay-controlled institutions like MACC in our campaign for justice for Teoh Beng Hock who died mysteriously at the MACC headquarters in Shah Alam on July 16, 2009.

Zainul Arifin could even be so irresponsible as to resort to blatant race-baiting as when he demanded of Tan Sri Khalid Ibrahim: “Why does Selangor Menteri Besar, a Malay, doubt the ability of those of his own race to act fairly and sincerely?”

Not a single Umno leader condemned Zainur Arifin for spouting unadulterated communal poison demolishing Najib’s 1Malaysia concept. Equally unfortunate, not a single Minister from  MCA, Gerakan, MIC, SUPP or the Sabah and Sarawak component Barisan Nasional parties dared to raise the issue in Cabinet to admonish Zainur and Berita Minggu.

Now there is another case of rank communal poison in Utusan Malaysia in the form of Noor Azam’s article today. Will there be any Malaysian and statesmanlike  voice from the Umno leadership to condemn such rank communalism which is an open defiance and challenge to Najib’s call for a 1Malaysia?

When Umno’s two newspaper groups, Utusan Malaysia and New Straits Times, openly flout Najib’s 1Malaysia concept, how is the Prime Minister to convince all Malaysians that his Cabinet and administration are fully, sincerely and seriously committed to the 1Malaysia concept and that it is not just an empty slogan like his predecessor Tun Abdullah’s  slogan of “Cemerlang, Gemilang and Terbilang” as the fifth Prime Minister of Malaysia?

Tomorrow’s Cabinet meeting has therefore shaped up into a major test of Najib’s 1Malaysia concept, whether it is to be proved wanting in less than 125 days of Najib’s premiership – which will be a very bad omen for the 52nd National Day celebrations on August 31 and the first National Day celebrations under Najib as Prime Minister.

                This entry was posted on Tuesday, 4 August 2009, 11:43 am and is filed under
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Is Najib giving an undertaking that if inquest  is unsatisfactory to Teoh family, the RCI will be empowered to probe into the causes and circumstances of Teoh’s death?

Prime Minister Datuk Seri Najib Razak is reported as saying in Pekan today that the Royal Commission of Inquiry (RCI) set up by the government following the mysterious death of DAP political aide Teoh Beng Hock will take into account the findings of the n ongoing magistrate’s inquest.

He explained to reporters that the RCI’s full scope, which includes looking into the Malaysian Anti-Corruption Commission’s (MACC) investigation procedures, is pending the completion of the inquest into the death of Teoh.

“We have to go through the inquest first which will determine the cause of (Teoh’s) death.”

Najib said the RCI, which will look into the procedures of the MACC, would also take into account the findings of the inquest.

“The sequence has to be right,” he said.

I do not know what is this “sequence” that Najib is talking about as he seems to be have been given the wrong advice a second time by the Attorney-General Tan Sri Abdul Gani Patail, who had earlier given the Prime Minister and the Cabinet the wrong advice that there could not be a Royal Commission of Inquiry into the causes and circumstances of Teoh’s mysterious death when under the law there has to be an inquest.

Professor Dr. Shad Faruqi of the of the Faculty of Law, UiTM in his article in the Star
 “Ferreting out the Facts” (29th July 2009)
 had
dismissed Gani’s contention that a Royal Commission of Inquiry could not be established
 pending an inquest as “not convincing”.

In fact, Shad Faruqi supported the establishment of a Royal Commission of Inquiry, stressing that “On the peculiar facts of this case, a Commission would have been most appropriate because of the legitimate expectations of the people created by assurances and proposals from many top politicians”.

As Shad Faruqi appreciated, “What is crucial is that justice must not only be done but must be seen to be done. Public skepticism is acute because despite considerable passage of time, no decisive evidence seems to have emerged”.

The Attorney-General should have briefed Najib by now of the case of the mysterious death of Dr. David Kelly in the United Kingdom in 2003 which caused a nation-wide uproar.

Kelly, a Ministry of Defence scientist
, was found dead after appearing before a parliamentary committee investigating the political scandal of the UK war against Iraq as he was accused of leaking sensitive information to the British Broadcasting Corporation.

A
 judicial inquiry headed by a judge, Justice Hutton
 was established to inquire into the causes and circumstances of Kelly’s death.

The inquest into Kelly’s death by the Oxfordshire Coroner was adjourned while the inquiry proceeded. The inquiry reported on 28th January 2004 and the Oxfordshire Coroner announced in March 2004 that the inquest would not be reconvened.

There have been other cases of mysterious deaths which evoked great public concern where inquests into the deaths concerned were stood down until the outcome of high-level independent inquiries, after which the coroners concerned would decide whether to continue or terminate inquest proceedings.

So when Najib spoke about getting the “sequence right”, he should have first set up the RCI with expanded scope to inquire into the causes and circumstances of Teoh’s mysterious death, with the inquest standing down its inquiry  until the outcome of the RCI.

In any event, what is Najib really trying to say?

Is Najib giving an undertaking that if the inquest into causes and circumstances of Teoh Beng Hock’s mysterious death is unsatisfactory to family members, the Royal Commission of Inquiry will be empowered to probe into the causes and circumstances of Teoh’s death?

This is in fact Najib’s assurance to the Teoh’s family members, his father, mother, elder brother, sisters and fiancée when they met in Putrajaya last Tuesday in response to the query by the family whether they could ask for a RCI into the causes and circumstances of Teoh’s death if they are  not satisfied with the inquest findings.

If this is Najib’s position, then let him state it clearly and unequivocally and let the Cabinet tomorrow take and make  a formal decision on it after the meeting.

David Kelly
,
Hutton Inquiry
,
Inquest
,
RCI
,
Shad Faruqi

                This entry was posted on Tuesday, 4 August 2009, 3:31 pm and is filed under
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Najib Razak
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Teoh Beng Hock
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ISA should be abolished, not amended

By Dr Chen Man Hin, DAP Life Adviser

PM NAJIB RAZAK SHOULD ABOLISH THE ISA IF HE IS TO KEEP TO HIS PROMISE TO BUILD A 1MALAYSIA, AS THE ISA IS AN ANTIQUATED REPRESSIVE LAW, AND WILL RETARD MALAYSIA TO BECOME A MODERN PROGRESSIVE AND PROSPEROUS MALAYSIA.

The ISA was introduced in the era when the Malayan Communist Party fought to control the country, at which time Tunku Abdul Rahman was the Prime Minister.

Communism is not a threat any more. Chin Peng the chief of the Malayan Communist Party surrendered at a widely publicised surrender ceremony at Baling. Later Russia and China, the two largest communist countries in the world, also announced their rejection of communism to dominate the world.

Today there is no threat of communism in Malaysia, and the ISA has become an anomaly. However, it is being retained by Barisan not to deal against communists, but to harass and oppress the Opposition political parties. Opposition leaders who speak up for democracy, for justice and transparency are summarily arrested under the ISA and detained for years without trial.

This is a gross miscarriage of justice. The democratic Opposition wants the ISA to be abolished and not just ‘amended’ as proposed by PM Najib.

PM Najib, suggested that the Opposition could have dialogue with him, as he is prepared to amend the ISA.

For the information of the people, the Opposition, the Bar Council, NGOs have’ for years voiced their protests against the ISA. But the BN government has stubbornly refused to listen, and instead have continued using the ISA against all those who chose to exercise their fundamental rights of freedom of expression and freedom of assembly.

BECAUSE THE PM REFUSED TO LISTEN TO THE YEAR UPON YEAR OF CALLS FOR ABOLISHING THE ISA, THE PR LEADERS AFTER CAREFUL CONSIDERATION, FELT IT FIT TO ORGANISE A PEACEFUL ASSEMBLY AS A WAKE UP CALL TO THE PM.

PR leaders, Anwar Ibrahim, Lim Kit Siang and Hadi Awang, are within their rights to call for a peaceful assembly, because according to the UN Declaration of Human Rights ‘EVERYONE HAS THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY AND ASSOCIATION’. This is the inalienable right of a person, as guaranteed by the UN charter on human rights.

PR assembly was planned to be peaceful. It was the police who raised the tension and provoked anger from the assembly because they used tear gas and water cannons.

It was the police who created a lock up of Kuala Lumpur streets and also all roads leading into KL because of the erection of police blocks at every intersection.

If KL lost 200 millions ringgits of business, the blame should be laid fully on the police.

If there is to be a talk between PM and PR is should not be on how to amend the ISA but how to replace it with a new law to deal with the new threat of terrorism.

                This entry was posted on Tuesday, 4 August 2009, 11:25 am and is filed under
Dr. Chen Man Hin
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Malaysian Evasion

The Prime Minister should abolish the ISA.

Wall Street Journal | OPINION ASIA | AUGUST 3, 2009, 4:20 P.M. ET

Malaysian Prime Minister Najib Razak promised in April that his government would conduct a “comprehensive review” of the Internal Security Act, a colonial-era law that allows indefinite detention without trial. On Saturday, 10,000 Malaysians marched in the streets of Kuala Lumpur to hold him to his word, asking him to abolish the act. They were soon dispersed with tear gas and water cannons, and 589 people were arrested.

The confrontation marks a turning point for Mr. Najib’s administration, which until now has refrained from employing roughshod tactics against political opponents. Earlier he won praise for releasing 26 ISA detainees and using that law to detain terrorists, not politicians or journalists as his predecessor did.

But even given that restraint, Malaysians increasingly want a more transparent and freer society. Saturday’s protest was nominally about the ISA, and it was organized by Abolish the ISA Movement, a human-rights group, along with other NGOs. But it was also a larger vote of dissatisfaction with the government’s decision to press ahead with a show trial of opposition leader Anwar Ibrahim and the unexplained death last month of a young opposition political aide following several hours of interrogation by anti-corruption officials. Politicians from all three opposition parties were present at the protest, including Mr. Anwar.

Malaysia’s constitution guarantees the right to free speech and assembly. But police set up barricades and checkpoints on Friday to prevent crowds from gathering, and launched teargas Saturday before the march began. Under Malaysian law, street gatherings of more than five people are automatically illegal because they require a permit—which in practice is almost never granted. The prime minister’s office and the home office declined to comment to us yesterday, and the police didn’t return our calls.

Mr. Najib would be better served by embracing the protestors’ cause. Abolishing the ISA would not only benefit Malaysians—who would still be protected from terrorists by a host of other detention laws—but would also deny Mr. Anwar’s opposition coalition one of its key rallying points. Arresting opposition leaders, as police did Saturday, only augments their popularity.

Mr. Najib has so far proved to be a savvy leader and boosted his popularity ratings by introducing a series of reforms that begin to tackle Malaysia’s affirmative action polices. If he wants to demonstrate his reform bona fides he could start by listening to those protesters instead of chasing them away.

                This entry was posted on Tuesday, 4 August 2009, 9:59 am and is filed under
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What a shame, would Muhyiddin be another  “Nero playing the fiddle while Rome burned” if he had been Health Minister and faced with two killer epidemics, A (H1N1) and dengue?

What a shame! The MCA Health Minister, Datuk Liow Tiong Lai has to seek refuge in an UMNO leader to come to his defence in the face of criticism of his playing truant from his ministerial duties when Malaysians are faced with two killer epidemics –  A(N1H1) and dengue – to the extent that there are people who liken him to  “Nero playing  the fiddle while Rome burned”!

And what a poor, outrageous and unprofessional defence.

Deputy Prime Minister Tan Sri Muhyiddin Yasin defended Liow’s Ministerial performance with the declaration: “Even if I am health minister, I cannot guarantee your safety.”

Is this an admission and even confession by Muhyiddin that he would be another “Nero playing the fiddle while Rome burned” if he had been Health Minister and similarly faced with two killer epidemics, A (H1N1) and dengue?

Is this meant to be a testimonial that Liow had not fallen too far below the standards expected of the Ministers in the Najib Cabinet?

If so, the Malaysian Cabinet must have the lowest standards of performance expected of Ministers – no wonder the portfolio of KPI (Key Performance Index) of Tan Sri Dr. Koh Tsu Koon has rapidly become a national joke!

Muhyiddin and Liow must be reminded that the two killer epidemics are no trivial matters to the people of Malaysia, especially as the death toll of f A(H1N1) flu has risen to eight from zero  in a matter of two weeks, with the total number of recorded cases having shot up to 1,446  – with 574 imported cases while the rest being local transmissions.

The seventh victim was a 24-year-old native woman who died at the Miri Hospital’s intensive care unit, two weeks after giving birth to her first child. She was the first A(H1N1) fatality in Sarawak.

The eighth victim was a 51-year-old school teacher who died in Seremban on Sunday.

Let Muhyiddin, who is the chairman of the inter-ministerial committee for A(H1N1) and Health Minister Liow be deadly serious about the two killer epidemics as no Malaysian will take kindly to their taking lightly their responsibilities to protect them from the ravages of these two killer epidemics.

dengue
,
H1N1
,
KPI

                This entry was posted on Tuesday, 4 August 2009, 4:28 pm and is filed under
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Ipoh City Council , do not intimidate the people!

By Augustine Anthony; Chairman, Ipoh City Watch

The City of Ipoh has an approximate population of 710,000 people. Not all are well versed with legal principles to scrutinize and understand news report that may send panic and jittery feelings amongst the residents, especially if such news report touches on legal issues.

It is for this reason that those who are in positions of authority, when called upon to make an announcement in public or when called upon to give a press statement, exercise great care to prevent anxiety and anger amongst the residents.

Take for example the recent news report that appeared in the Star newspaper on 03.08.2009 under caption “Door to door collection” in which, the said news was carried in the following fashion:-

“Ipoh city folks who have defaulted in their assessment payments should not be surprised if they receive knocks on their doors from Ipoh City Council enforcement officers. Datuk Bandar Datuk Roshidi Hashim said the council had sent out enforcement teams to demand payment from defaulters.”

Read the full Star Online report
here

If indeed the Mayor had said this as reported in the news paper, then one possessed with some legal knowledge would think of it as an irresponsible comment that is likely to send wrong signal to the public.

Such news would give the impression that the Ipoh City Council is engaging in intimidating tactics to demand payments from those who may have defaulted payments of their assessments.

Does the Local Government Act 1976 empower local council enforcement officers to knock on the doors of defaulters and demand payments?

And if the enforcement officers  are not possessed of such powers, then the next question that beckons answer is whether their act of knocking on the doors and causing embarrassments to the “purported” defaulters  constitute nuisance and other tortious acts that may give rise to defaulters seeking appropriate remedies in courts.

The Local Government Act 1976 has stipulated the needed framework for the charging of rates, proceedings in default, proceedings for recovery of an arrear and the right to bring a civil suit for the recovery as and when it is required.

The relevant provisions under the Local Government Act 1976 can be summarized as follows:-

A default must take place as defined under Section 147 of the Act. A default according to section 147 would ordinarily trigger proceedings for the recovery of an arrear.

Section 148 provides the compulsory statutory requirements that must be met on a step by step basis by the local council for recovery of an arrear.

The local council must (and it is mandatory) serve a notice in Form E as   provided under the first schedule by posting or delivering to the owner or any one of the owners (if there ae more than one) at the last known address calling on him to pay the arrear within 15 days of the posting or the delivery.

If the defaulter does not respond within the 15 days from the date of the notice, then the local council may proceed with the issuance of form F and form G and exercise all the powers provided for under Section 149 – Section 156 for the purpose of recovery of the arrears.

Nowhere in the Local Government Act 1976, there exists any provision for the local council officers to knock on the doors of purported defaulters and demand payments.

There are other questions that invite further answers namely:-.

Since there are no such powers to knock on the doors of residents and demand payments, could this exercise be considered as an abuse of power?

When is the appropriate time the enforcement officers are likely to knock on the doors of residents?

If the enforcement officers come knocking during office hours, there is a high chance that this would also involve waste of city council resources and public funds as it is unlikely that people will be in their respective houses during this time.

If the enforcement officers knock on city folk’s homes after office hours then this may involve additional cost in the form of allowances or for enforcement officers and yet again may involve a waste of public funds.

Perhaps the Ipoh City Council may have certain recalcitrant defaulters in its mind and this may not necessarily be the majority of the ordinary city folks and if that is so, then it would be more prudent to pursue the appropriate legal recourse that is available and refrain from causing unnecessary panic and anxiety amongst these ordinary city folks by such announcements.

                This entry was posted on Wednesday, 5 August 2009, 9:18 am and is filed under
Augustine Anthony
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Local Goverment
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Musa Hassan on a personal vendetta binge – is he offering the “heads” of the Pakatan Rakyat leaders from PKR, PAS and DAP in exchange for another renewal as IGP in September?

Inspector-General of Police Tan Sri Musa Hassan is really on a personal vendetta binge.

He returned from Singapore yesterday where he was awarded the Distinguished Service Order for his outstanding contribution in fostering excellent ties and co-operation between Malaysian police and the republic’s police force to declare that top Pakatan Rakyat leaders from PKR, PAS and DAP would be charged and prosecuted for masterminding last Saturday’s peaceful gathering by tens of thousands of people calling for the abolition of the Internal Security Act.

Musa has come to the conclusion and he makes no bones about it in public that the Pakatan Rakyat leaders from PKR, PAS and DAP namely Datuk Seri Anwar Ibrahim, Datuk Seri Abdul Hadi Awang and I are the “masterminds” of Saturday’s gathering and that we had committed criminal offences for which we would be prosecuted and punished – rolling into one in himself the three roles of Inspector-General of Police, Attorney-General and Chief Justice!

If further evidence is needed, Musa has provided the latest testimony of the personal vendetta he is waging against me and other Pakatan Rakyat leaders like Parliamentary Opposition Leader and PKR chief, Anwar Ibrahim and PAS President, Hadi Awang for the Parliamentary Roundtable which Pakatan Rakyat convened last week.

The Parliamentary Roundtable resolved, with the unanimous support of PR MPs and NGO representatives present, that Malaysia needs a new IGP to create a safe Malaysia and demanded that Musa Hassan should not be given a second renewal of term of service as IGP in September.

Is Musa offering the “heads” of the Pakatan Rakyat leaders from PKR, PAS and DAP to the Prime Minister, Datuk Seri Najib Razak and the Barisan Nasional government in exchange for another renewal as IGP in September?

Musa has recently been applying pressure for the renewal of his term as Inspector-General of Police. He said at the Kuala Lumpur International Airport  that he has about a month more left to his contract but has not received any indication from the government over his future, adding:

“This question should be forwarded to the relevant authorities.

“They should know whether there will be an extension of my contract.”

If this is not a most improper pressure for renewal of his term as IGP, I do not know what is.

If Musa is given a renewal of his term as IGP, he would be the first IGP to be given two renewals as the No. 1 Policeman in the country after retirement.

Is Musa really convinced that his term as IGP should be renewed for another two years next month as there is not a single one from all the senior police officers, including the eight top police officers occupying key police positions below the post of IGP, who is qualified or competent enough to become the new IGP to provide a new police leadership and culture to roll back the tide of crime in the past five years?

Isn’t this itself a terrible indictment of Musa‘s failure to groom a new generation of top police officers in the country?

                This entry was posted on Wednesday, 5 August 2009, 3:42 pm and is filed under
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PDRM instrument of their political masters

By
Hussein Hamid

I will not refer to the Police as PDRM – it is an affront to our Seri Paduka Baginda Yang di-Pertuan Agong to do so. There is nothing Royal about the Police.

PDRM is an instrument of the state. PDRM takes instructions from their political masters and what they do reflects the instructions given to them by their political masters who are the legitimate authority of our country (at least for the time being).

But I am getting ahead of myself here. Let us back up a bit.

Have you not seen a mata mata jump to attention when an Inspector comes into his peripheral vision? What about the Inspector jumping to attention when an Assistant Superintendent of Police (ASP) casually walks by? Then you go past the Superintendent grade. When the mata-mata is privileged (and I use this term loosely…very very loosely!!) enough to come into the same rarified air as a Senior Assistant Commissioner of Police you will see him stand rooted to the spot standing at attention…not daring to breath, eyes front and just wishing that the earth would swallow him for having the nerve to be born on the same planet as the SAC in front of him….get my drift?

Were the mata mata baton hitting the demonstrators for personal gain? No. Were they doing it out of hatred or in defense? No. These mata mata had nothing against the demonstrators. It was a case of obedience to the orders given to them. They could not be faulted because they were simply following orders.

If he is instructed to contain a situation he will do so – if that involves tear gas, baton hitting a demonstrator – anything – he will do so because that action of his has been cleared by his superiors in the briefing before the act. The average mata mata simply do not have the capacity or ability to think further then the length of his nose and certainly incapable of promoting good governance by doing the right thing for the demonstrators who are simply exercising their democratic right to show that they do not agree with the ISA.

Now why would the Police allow themselves to be use as instruments of the state? Are they not drawn from the same stock  – cultural and racial – as those that they have been asked to subjugate? At the least would that not make them unreliable instruments of state with the probability of them turning against the very people that is attempting to use them?

The answer is simple. Quid proco. For doing the bidding of their political masters against their masters domestic enemies their Political masters will turn a blind eye to what the Chairman of the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police describe as “ rampant corruption in the force’s traffic, commercial crimes, narcotics and internal investigation divisions” and  “excessive use of force used against detainees” resulting in a number of deaths in police custody (an understatement to say the least!!). He also said that the commission inquiry into the Malaysian police has been inundated with allegations of corruption and brutality.

When all is said and done this has manifested itself in the failure to establish critical aspect of the commission’s recommendations: “An Independent Police Complaints and Misconduct Commission (IPCMC) aimed at dealing with complaints regarding the police and seeking to improve the professionalism of the force and to ensure that doctrines, laws, rules and procedures are observed and implemented by the police”.

The powers that be condones and turn a blind eye to the massive corruption that pervades all levels of the Police and in return the Police will rid the country of all organized opposition to the Government. Political opponents are held without trial and under conditions of cruelty – even death. You need only see what had happened to Anwar Ibrahim – a Deputy Prime Minister while under Police Custody and the perpetrator of that crime against Anway was the IGP himself. I shudder to think what could happen to others below the level of a Deputy Prime Minister.

                This entry was posted on Wednesday, 5 August 2009, 9:43 am and is filed under
Hussein Hamid
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Teoh Beng Hock inquest begins

Updates from
http://twitter.com/limkitsiang

Inquest adj till tmr

08/05/2009 01:36 PM

Lawyers 4TBH need time 2bring their experts

08/05/2009 01:18 PM

Site visit on friday Coroner decides 2finish last early witness Rahman security officer Plaza n adjourn 4tmr 4expert testimony

08/05/2009 01:15 PM

Lunch break 4 inquest. 1 more early witness left 4 prosecution b4 going into expert evidence chemist pathology

08/05/2009 01:10 PM

Gobind crossexamines witness. Wan Rosli fumbles in answers abt early-hr MACC comings n goings at @ PlazaM. Does not verify MACC ppl.

08/05/2009 12:59 PM

Shown CCTV shots. Don’t know 1 person shown but recognise two persons from MACC

08/05/2009 12:36 PM

5th witness Wan Rosli PlazaM security guard on duty 4th fl lobby tower bloc w CCTV from 12 midnite until 4 am 16/7/09.

08/05/2009 12:33 PM

Inquest resumes w 4th witness in box n Karpal as lead counsel 4TBH fmly

08/05/2009 12:08 PM

Karpal just arrived Brief adjourn 4 wheelchair-bound Karpal 2get into ct TBH mother in ct 2follow inquest as she is not witness like othrs

Wednesday, August 05, 2009 11:52 AM

Forensics IPK was informed.

Wednesday, August 05, 2009 11:45 AM

4th witness police kpl Abdul Karim IPD gerakan on date/time in question recd phone from Khairul of corpse @ PlazaM suspected suicide

Wednesday, August 05, 2009 11:37 AM

He informed police @ 1.53pm n police came in 8 – 10 mins He covered body w black plastic but did not touch corpse

08/05/2009 11:25 AM

3rd witness Khairul described how he had 2access 5th flr security corridor thru mall roof n saw a male corpse leaning 2right w dried blood

08/05/2009 11:17 AM

Karpal only discharged yest from 8day hospitalisation but despite his serious condition causing fmly n party worries he wants justice 4TBH

08/05/2009 11:08 AM

Inquest resuming Karpal coming over from Federal Ct Putrajaya 2head lawyers team 4 TBH fmly

08/05/2009 11:05 AM

97 witnesses lined up but probably only 36 will be called  15 days fixed 4inquest

08/05/2009 10:43 AM

3rd witness 2b Khairul. Inquest having short break

08/05/2009 10:23 AM

Ridzuan did not have proper look at corpse as he panicked n ran 2contact his superior Azmi who came with Khairul of security

08/05/2009 10:14 AM

Service corridor @5th floor not accessible 2public except thru an office n a grill

08/05/2009 09:57 AM

Blood on TBH had dried Used walkie-talkie 2inform security superior Lodged police rpt next day Identified many fotos produced byTanHockChuan

08/05/2009 09:53 AM

When I went 2chk found an inert body n reported 2superiors

about 2 hours ago from TwitterBerry

2nd witness Ridzuan maintenance technician @ Plaza M abt 2pm got call from Siti person lying 5th fl service corridor in suspicious manner

about 2 hours ago from TwitterBerry

1st witness a woman guard at 19th fl Plaza Massala testified shortly she sighted a body lying on 5th floor around 1pm on date of TBH death

about 2 hours ago from TwitterBerry

Early witnesses will b on toxicology n DNA rpts

about 2 hours ago from TwitterBerry

Gobind in ct – Tan Boon Wah n Lee Wye Wing DNA tests show no match with those found on TBH

about 2 hours ago from TwitterBerry

157 DNA specimens taken including all MACC police forensic staff cleaners

about 2 hours ago from TwitterBerry

DNA tests completed including Tan n Lee accused by a black blog of Teoh’s murder Understands no match in all DNA tests

about 2 hours ago from TwitterBerry

At Shah Alam inquest into TeohBengHock’s mysterious death at MACC July 16 Inquest begins

about 2 hours ago from TwitterBerry

                This entry was posted on Wednesday, 5 August 2009, 11:38 am and is filed under
Crime
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Teoh Beng Hock
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Why do Malaysians march?

By
Yeo Yang Poh

WHY march, when the government has said that it will review the Internal Security Act? Why march, when there are other very cosy ways of giving your views and feedback?

One would understand if these were questions posed by nine-year-olds. But they are not. They are questions posed by the prime minister of this nation we call our home. Answer we must. So, why?

Because thousands who died while in detention cannot march or speak any more. That is why others have to do it for them.

Because persons in the corridors of power, persons who have amassed tremendous wealth and live in mansions, and persons who are in the position to right wrongs but won’t, continue to rule our nation with suffocating might. And they certainly would not march. They would prevent others from marching.

Because the have-nots, the sidelined, the oppressed, the discriminated and the persecuted have no effective line to the powerful.

Because the nice ways have been tried ad nauseam for decades, but have fallen on deaf ears.

Because none of the major recommendations of Suhakam (including on peaceful assembly), or of the commissions of inquiry, has been implemented. Because the proposed Independent Police Complaints and Misconduct Commission (IPCMC) is not in sight, while corruption and insecurity live in every neighbourhood; and (despite reasoned views expressed ever so nicely in opposition) Rela (people’s volunteer corps) is being brought in to make matters even worse.

The proponents in “Su Qiu” (remember them?) were not marchers. In fact it is hard to find nicer ways than “su qiu”, because the term means “present and request” or “inform and request”. In terms of putting forward a view or a request, it is the height of politeness. Yet they were labelled “extremists” – they who did not march.

And now you ask, why march?

Because you gave non-marchers a false name! You called them the “silent majority”, who by virtue of their silence (so you proudly argued with twisted logic) were supporters of government policies since they were not vocal in raising objections. You claimed to be protecting the interest of the “silent majority”. Now some of them do not want to be silent anymore, and you are asking why?

Yes, because double standards and hypocrisy cannot be covered up or explained away forever; and incompetence cannot be indefinitely propped up by depleting resources.

Because cronyism can only take care of a few people, and the rest will eventually wake up to realise the repeated lies that things were done in certain ways purportedly “for their benefit”.

Because the race card, cleverly played for such a long time, is beginning to be seen for what it really is – a despicable tool to divide the rakyat for easier political manipulation.

Because it does not take much to figure out that there is no good reason why Malaysia, a country with abundant human resources and rich natural resources, does not have a standard of living many times higher than that of Singapore, an island state with no natural resources and that has to import human resources from Malaysia and elsewhere.

Because, in general, countries that do not persecute marchers are prosperous or are improving from their previous state of affairs, and those that do are declining.

Because Gandhi marched, Mandela marched, Martin Luther King marched, and Tunku Abdul Rahman marched.

Because more and more people realise that peaceful assemblies are no threat at all to the security of the nation, although they are a threat to the security of tenure of the ruling elite.

Because politicians do not mean it when they say with a straight face or a smile that they are the servants and that the people are the masters. No servant would treat his master with tear gas, batons and handcuffs.

Because if the marchers in history had been stopped in their tracks, places like India, Malaysia and many others would still be colonies today, apartheid would still be thriving in South Africa, Nelson Mandela would still be scribbling on the walls of Cell 5, and Obama would probably be a slave somewhere in Mississippi plotting to make his next midnight dash for the river.

And because liberty, freedom and dignity are not free vouchers posted out to each household.

They do not come to those who just sit and wait. They have to be fought for, and gained.

And if you still want to ask: why march; I can go on and on until the last tree is felled. But I shall obviously not.

I will end with the following lines from one of the songs sung in the 1960s by civil rights marchers in the US, without whom Obama would not be able to even sit with the whites in a bus, let alone reside in the White House:

“It isn’t nice to block the doorway

It isn’t nice to go to jail

There are nicer ways to do it

But the nice ways have all failed

It isn’t nice; it isn’t nice

You’ve told us once, you’ve told us twice

But if that’s freedom’s price

We don’t mind …”

Yeo Yang Poh is a former Bar Council president.

                This entry was posted on Wednesday, 5 August 2009, 9:30 am and is filed under
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All PKR, DAP and PAS must exercise responsibility and discipline  to strengthen public confidence in PR if it is not to end up as a one-term wonder

All Pakatan Rakyat leaders of PKR, DAP and PAS must exercise responsibility and discipline to strengthen public confidence in the credibility, cohesion, integrity and common sense of purpose of Pakatan Rakyat if PR is not to end up as a one-term wonder.

If a state Exco member of a Pakatan Rakyat state government can publicly demand the removal of another  state exco member from another Pakatan Rakyat component party from his portfolio, and be supported by the state youth wing of that party to the extent of wanting to hold a public demonstration, then the same thing can be done by the other Pakatan Rakyat component parties.

If in a Pakatan Rakyat state government, a PAS Exco member can demand the removal of a DAP State Exco member which is supported by the state PAS youth calling for a public demonstration, then a DAP or PKR State Exco member could also demand the removal of a PAS State Exco member from his portfolio and be supported by the respective state youth wings together with threats of holding public demonstrations.

The result would be utter chaos and discredit for Pakatan Rakyat, whether at the state or national level and Pakatan Rakyat leaders and component parties will then become PR’s own biggest enemies and not those from Barisan Nasional.

It is imperative therefore that any unhappiness and dissatisfaction by any Pakatan Rakyat component party or leader must be raised and dealt with internally in the grouping.

Without going into the specific controversy in Selangor, the proposed blanket ban on the sale of alcohol in Muslim-majority areas in the state, there can be doubt that the latest ruckus in the Pakatan Rakyat in Selangor has caused nation-wide dismay among Pakatan Rakyat’s own supporters.

It is best that Pakatan Rakyat problems whether at the state or local level should be addressed and resolved at the respective levels through internal Pakatan Rakyat channels and mechanism, failing which, they will have to be addressed by the Pakatan Rakyat national leadership. The Pakatan Rakyat Leadership Council will have no choice but to meet if this problem, for instance, cannot be resolved at the Selangor PR state level.

                This entry was posted on Thursday, 6 August 2009, 2:42 pm and is filed under
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Horror of horrors – BN government wants to put up Internet filter blocking “undesirable websites” in total violation of the MSC guarantee of no internet censorship!

I had
tweeted
: “
Horror of horrors. BN govt wants Internet filter 2block ‘undesirable websites. Dear Rais – “Et tu Brutus”? M’s MSC guarantee
?”

This must be the common reaction of Malaysians, particularly in the Malaysian cybersphere, blogosphere and twitterverse  to the Malaysian Insider report that the Malaysian government is evaluating the feasibility of putting an Internet filter  to block “undesirable websites” — similar to China’s aborted “Green Dam” software.

Malaysian Insider reported that the Minister for Information, Communication and Culture  Minister Datuk Dr. Rais Yatim is commissioning  a study which is to be completed in December to filter blogs and websites.

Rais’ Ministry had initiated a tender exercise calling for companies to put proposals to assist the Malaysian Communications and Multimedia Commission (MCMC) evaluate an Internet filter.

The Malaysian Insider reported that the tender documents require the tenderer to:

evaluate the readiness and feasibility for the implementation of Internet filter at Internet gateway level, through assessments on the existing infrastructure and existing products in the market.

evaluate and estimate costs for the implementation.

study the existing legal framework in addressing content filtering and no censorship issue, including the impacts that are caused by the implementation to Internet users and the Malaysian economy.

The successful tenderer is also to visit Internet services providers (ISPs) and question them on various issues apart from studying countries which have some form of Internet filters to study the suitability for the Malaysian environment. Among the recommended countries are India, Pakistan, Australia and Hong Kong.

It is most shocking that Rais, who is generally regarded as the most level-headed and liberal of the existing Cabinet Ministers, is spearheading a move which  will not only bury the government’s pledge to the world of “No Censorship” in the MultiMedia Super Corridor (MSC) Bill of Guarantees announced by Tun Dr. Mahathir in his heyday as Prime Minister, but will be seen as a turnaway from an Open Society and retreat to a Closed Society with all the grave long-term political, economic and nation-building implications.

I call on all Barisan Nasional Ministers, leaders and component parties to take a stand to uphold the MSC Guarantee of “No Censorship” by stopping the tender exercise to instal an Internet filter to censor blogs and websites. The Cabinet next week should veto the tender exercise for an Internet filter.

                This entry was posted on Thursday, 6 August 2009, 1:33 pm and is filed under
IT
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Kg Buah Pala: Offer ends tomorrow

                This entry was posted on Thursday, 6 August 2009, 9:26 pm and is filed under
Penang
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