Posted on by Kit

Police after RPK again

Police going after Raja Petra Kamarudin again.

His computer was confiscated during a police search of his house in Sungai Buloh this morning connected to his recent posting on the Altantunya Shaariibuu murder case in his blog, “Let’s send the Altantunya murderers to hell”.

Malaysiakini has reported DSP Victor Sanjos of the cybercrimes division as saying that the police are investigating Raja Petra under the Sedition Act 1948 for incitement and also because he “commented on a case before the court made its decision”.

Any offence in the latter category would fall under “contempt of court” to be dealt with by the presiding judge for the Altantunya case. When did it become an offence under the Sedition Act?

The police action, coming immediately after the denial by Deputy Prime Minister Datuk Seri Najib Razak through his press secretary of having anything to do with the murder of Altantunya Shaariibuu, smacks of an orchestrated response to Raja Petra’s blog – and must be deplored in the strongest possible terms.

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157 Replies to “Police after RPK again”

  1. Thank you YB Lim , for offering this space of yours to YM Raja Petra and also his wife Marina.

    YM Raja Petra is called to give statement at the commercial crime Hq ( near bank negara ) tomorrow. May God be with you YM raja petra.

    yours sincerely.
    hamba/adam

  2. These clowns don’t know whether they are coming or going. Charging prejudicial comments under the Sedition Act smacks simply of incompetence – just like the incompetence we have seen during the Altantuya trial.

  4. IS THAT ANY JOY THAT I CAN FIND AFTER THE MARCH 8 TSUNAMI?
    honestly NO.

    BUT , let us all not make YB LIM, a victim too. Please refrain from any uncouth words .
    thank you.

  5. Dear Godfather,

    remember the previous case of YM raja petra being called to dang wangi. it was not what YM wrote, but what “little bird wrote” that got him into trouble.

    there is more to meet the eyes.

  6. BN and the police have not learned any lesson from the March 8 fiasco. They are preparing the groundwork for UMNO and BN to be completely annihilated in the next elections.
    Let them abuse their power.
    In a way what they are doing is going to bring even more international focus on the murder case, the switching of judges and the prosecution team. Malaysia has nothing to gain from going after RPK.

  7. Dear Mr. Smith.

    YM Raja Petra, have been exposing one scandals after another .
    Malaysia has nothing to gain from going after RPK, BUT he is to be silenced to those who fear him and to those whose closets are full of skeletons. thank you.

  8. Mr Lim is very correct.
    What has RPK article got to do with sedition. I read it and many too had. I find that it did not incite any ill racial feeling among us at all. None at all. This article definitely would not cause racial riot at all. How did it be considered SEDITIOUS?

    Yes, Mr lim is said, at bst RPK could be charged for contempt of court. Let us hope the police officer concern can get a lesson from Mr Lim on what charges to file if there is any. I doubt very much if there is one.
    RPK, GOD WILL BE WITH YOU! IF YOU ARE FOR GOD, NO ONE CAN BE AGAINST YOU, RPK!

  9. The real victims here are the PDRM.
    We are being tied like a dog on a short chain.
    Anytime the owner will yank the chain and we have to do their bidding.

    Please free the PDRM.

    Fighting the owner won’t do any good.
    Any officer that doesn’t toe the line will get demoted or fired.

    Please help us.

  10. police are suppose to collect evidence and not to wipe evidence. now adays police are send not to protect victims but protect BN politicians.

    Raja Petra Kamarudin! you tell the truth and shame the devil. i don’t want a murderer PM.

  11. Thanks to people like RPK who willing to sacrifice it all and be the lightning rod…. but the truth needs to get out.

    Let’s us all never forget RPK and many others who have made such sacrifices and some still paying for it, like the continued detention without trial of ISA detainees, and work towards wresting the government back to the Rakyat hands comes GE-13.

  13. The laws of this country are always applied to the common people (especially if you are against umno bn ) but immune to the people in power.

    umno bn is gaining back their strenght day by day and they are going to impose alot of havoc to those who voted for PR and PR control States.

    We must all stay united to wipe out umno bn in the next election.

    GE 13 – No matter what, we must ensure that umno bn do not regain the power like they had for the past fifty years.

  14. grace, everyone in their right mind will chip in to help RPK but the question is, will he be charged in court. My thinking is that they will try to use some trump up excuse to put him under the ISA. I am sure RPK is prepared and what comes may we will stand united behind him.

    GE 13 – No matter what, we must ensure that umno bn do not regain the power like they had for the past fifty years.

  15. There is a Chinese saying which describes that if you are the thief and have stolen somebody’s goods, you will become very “reacting”; that is if the wind blows open the door, immediately you will take action to run for your life. If you are not the thief and have not stolen any body’s goods, you just couldn’t bother even if the police walk into your house.

  17. Ladies/Gentlemen,

    Let’s put ourselves in Najib’s shoes and see whether it is fair to him by assuming that he is involved in the murder case. Least we bacome like BN, assuming all opponents guilty before trial and send them to Kamunting!!! May be those who were so convinced of who were the murderers have much much information beyond the reach of ordinary guy like me!!!

  20. If this kind of article is seditious, what about Keris brandishing act and KJ’s infamous racist speech??? (actually, i read it and it has nothing seditious la) Or someone has ghost inside their closet and scare that people will discover it and choose to silence the person??

    oh no, what a hipocrate police force. They seem working so hard to hit PR’s MPs and someone who goes infavour of BN. They even beaten up Kota Melaka MP and tolled Ah Jeff’s car at parliament.

  23. Dear LKS,

    What do you expect from a law enforcement who only possess a secondary education.They don’t even know what they are talking about.You challenge them they will detain you and keep you behind bars for several hours / days if need be for the purposed of investigation.

    Tsunami 8th means nothing to them and the Goverment.They said their are in power they can do anything DEEM fit to ensure national security be preserved.Change the Goverment only we can see a lot of changes happen in Malaysia.

  24. DAP and other coalition of the Pakatan Rakyat must waste no time to tender any kind of assistance to Raja Petra Kamarudin. In Malaysia, the person whoo wants to seek the truth will be sacrificial lambs and the one who walks in the “corridors of power” will walks off scot free
    for any high crime. I earnestly urged Uncle Lim to lobby for RPK’s release, unconditionally.

    Sedition Act? In Hitler’s Germany maybe.

  25. YB.

    apparently the cid officers are interogating marina and pet now. they came into their house at 4 pm. they brought forward the time from tomorrow to this evening.

    GOD SAVE GOOD MALAYSIANS PLEASE.

  26. I have a feeling the police and the politician behind their latest action do not understand how massive a following Raja Petra and his Malaysia Today has gathered over the months and years. To play around with him is like playing with fire. They will only get their hands burn bardly and openly invite criticisms which are indefensible.

  27. I have already made up my mind for the 13th GE more than a month ago. The more unjust acts that shown by BN will only make me more pro-active to spread the words to others.

  29. GOD bless Raja Petra.

    Hope that YB Lim, DAP and PR will stand behind him.

    and also pls ask DSAI to take over the gomen at the right time ASAP.

    If Adam Yong’s info is real, then something fishy is going on…

  30. They will of course not charge RPK for “sedition” as the court will just throw it out. its just an excuse to harass him. They may think of something more creative later after consulting with the AG.

  31. ADAM YONG IBNI ABDULLAH

    Who is so sensitive to criticisms and comments to the extent that he needs to ask his secretary to do something? I am sorry I cannot be clearer than that lest I get into trouble.

  32. I agree with LittleBird that Anwar should take over the federal government immediately. And I would propose that ISA should be used extensively to maintain the country stability once Anwar forms the new government, in light of the fact that some people might not be willing to accept peacefully the facts that non-BN coalition can form a Malaysian government. We should not lose any more good soul in this country especially someone like RPK.

  33. During my young days, parents used to behave me by using the word police. But as days go by, i found out that these group of uniformed bodies who called themselves “polis” are appearing on newspaper almost everyday. They rob, rape, high on drugs, kill innocent people and the list goes on and on.
    But i dont blame you guys coz your boss is also like that. Monkey see Monkey do. Go ahead, enjoy what you are enjoying. At the road side you begged money from me, what have i done wrong? I pity him and gave him RM20 but he wanted more. I dont want to call you animals coz animals are better than you.
    Today, sorry to say, i HATE polis wherever i see them.

  34. how stupid can the PDRM be. Arresting RPK now would create more problems for the rulling govt. Better yet, please charge him in open court then you will see how many lawyers would jump to represent him pro bono and let the whole Malaysians judge by themselves who is the real traitor to the country.

  35. The act police against RP is another proof of biasness on the police part. There are so many corruption allegations against DPM some of which Dato Sri Anwar openly said and challenged the authorities to investigate. Instead of checking these allegations they go after Raja Petra.
    What Raja Petra did was merely repeating what has been said by others. Once again everything seem to be ignored by Malaysia’s authorities. If this were to continue PR has to seriously consider taking over federal Administration.

  36. With BN & UMNO still in power, this country has no HOPE! Simple as that! Their conscience are simply “IR-REPARABLE”. Their character is one that resembles some kind of creatures from the jungle or cannibals. How they wish now to ‘eat up’ RPK whole!

    Soulless Creatures!

  37. Chinese idiom “ping2 shi2 bu2 zhuo4 kui1 xin1 shi1, ban4 ye4 qiao1 men2 ye3 bu4 jing1”

    meaning: if someone hasnt done anything wrong, he doesnt even need to worry if someone is knocking his house door at night.

    impliying: if someone is damn so senstitve to something, he must hv done something silly and scared being discovered.

  40. I wonder who is the real moderator on this forum?!

    Opinions, suggestions and/or comments are purely personal and are not subject to the agreement and/or approval from other users and/or are not meant to be offensive to other users on this forum.

    Yang Berusaha Ms Moderator (as someone called you), I feel that it is uncalled for, for a user to criticize another on this forum and seemingly impose his comments or opinions on others.

    Please understand, we love the country no less than anybody and are making sure that changes will surely happen.

    Thank you.

  41. localgrad,

    “Chinese idiom “ping2 shi2 bu2 zhuo4 kui1 xin1 shi1, ban4 ye4 qiao1 men2 ye3 bu4 jing1?

    meaning: if someone hasnt done anything wrong, he doesnt even need to worry if someone is knocking his house door at night. ”

    This might be true in other countries, but not in Malaysia!!! where the robbers are every where and even policemen are involved in robberies etc. , so watch out and be worry when someone is knocking on your house door at night!!!

  45. Oh…Dear….I see more to come…..

    Its revenge time….more arrest shall be on for other bloggers….BUT FEAR NOT…..Rakyat are with you.

    RPK is just the beginning….the mata mata are giving all type of excuses to intimidate and pur away those who have dare to speak out for the GE12. RPK…we are with you….should you need to incur any cost in fighting your non case…we shall rise for you…a fund will definitely be started for you…..

    Do not kow tow to the lackeys of depleted BN….we shall move on to victory.

  46. kingkenny,

    Please dont be naive, there are rules and regulations every where you go!!! as the Chinese saying goes “there are rules in the family and laws and orders in the country”, so there bound to be rules and regulations in the blog, else YB Lim may be arrested for allowing the spread of rumours and other seditious words in his blog. If you wanted to be free from any censoring acts, you might like to have your own blog to begin with.

  49. Yes, my best thoughts goes out to RPK right now and I hope all his work thus far will not go to waste.

    Here is another open chance for Pakatan Rakyat to walk the talk.

    I am sure YB Lim and gang are working to defend him.

  50. Adam Yong:

    Do not worry. Compared to what has appeared on RPK’s blog, the comments on Kit’s blog are far less likely to be termed as seditious. However, it is clear that the clowns can catch anyone of us on anything – such is their hold on the Police, the AG’s Chambers and the Judiciary. Remember they charged the Hindraf 5 with attempted murder, so if RPK were to raise his fist, they might do the same to him !

    The more they flex their muscles against public opinion, the deeper they are digging their own grave, so let’s just wait and see what happens.

    RPK has enough support from lawyers, royalty and the ordinary rakyat and they won’t be able to pull the wool over all our eyes.

  51. dear thanks i_love_malaysia.
    for explaining to mr. kingkenny.

    dearkingkenny.

    i am sure you know how pet talk.
    i am sure you know how pet write.

    glad little bird is here too. is temenggong and teo siew chin around.

  53. Dear Godfather.

    my respect to you. thanks for the kind assurance. i got a little work up, when i got the news of pet. thanks again godfather.

    and tomorrow is a court holiday. can you see the consequence if any arrest is made today. poor pet. i cannot even use profanity here.

  55. Day by day BN through it’s puppet, AG, SPR, polis, BAKTI etc are showing their desperado…

    Nothing it seems learned from the PRU12 result. Well it’s good anyway, surely they will be on the losing side when PRU13 comes.

    Instead all these respective bodies served the rakyat, they have again and again betrayed the rakyat trust in them by seemingly protecting the who & whom” in BN. I wait with interest the Lingam case, Molest ex Pahang MP case as well as other high profile cases.

    I am for sure nothing will be done and to use a famous phrase “tutup sebelah mata” will surely apply here. No need for forensic, lied detecting, evidence, etc are needed here. Just waisting the rakyat money….

    I am not into bribery and it disgust me, but whenever there is a roadblock, I make sure I have small change with me….such a SORRY state for Malaysian to have that kind of feeling….

  56. For the life of my I can’t understand how this RPK is not behind bars or yet to be declared as bankrupt for all the wild allegations that he made against all kinds of people claiming as facts.

    Perhaps it is time he starts to provide facts to prove that his writings are not work of fiction.

    My guess is that BN ignored his writings previously but after March 8 Tsunami they realized how badly RPK’s accusations had hurt them.

  57. Killer:

    The law provides that a person who is slandered can always take the purported slanderer to court. If RPK had wronged anyone, then that person should take action and not stay silent. The public perception is that if you have no guts to take a purported slanderer to court, then there must be some truth to the “slander”.

    BN can take a leaf from Lee Kuan Yew’s book of retribution – sue the other party and recover financial damages until that party becomes bankrupt; but then what are the chances of a BN complainant being totally innocent ?

  59. In that case they should first charge Dr.M for commenting on national tv about DSAI’s guilt before and during his trial in 1999. That would also have been sub-judice.

    Contempt of Court is for the presiding judge to act on; not the Police.

    Besides, the posting on MT is not calling for racial riots, overthrowing of the Govt., insulting the Royalty or such nationally divisive issues. So, why have the Police jumped the gun? Were they directed by their political masters and mistresses?

    Besides, 106 days without a finality in the trial indicates something is not quite kosher with the pace of justice!

  61. If writing what he had is considered sedition, I guess all the hundreds of blogs and coffee-shop and mamak-stall talk can also be considered so. Since when has writing into a blog being considered a crime? If he had done so in the MSM, or released a press statement or interviewed by reporter … maybe that could be tantamount to it.

  63. Dear Adam Yong,

    “tomorrow is a court holiday. can you see the consequence if any arrest is made today.”

    If ur commenting on the rampant abuse of remand powers by police, I believe the amendment made to s.28 of the Criminal Procedure Code which is in force has eleminated the problem as any person arrested now must be brought before a Magistrate before the expiry of 24hrs regardless of office hours and venue. So the amendment is now in line with Art. 5(4) FC. s.117CPC has also been amended and the maximum detention period for remand proceedings is clear and demarcated. Nevertheless, Petra doesn’t deserve to have all these worries hanging over his head. Being in a lock up whether a day or a month is no fun.

  64. Section 505 of the Penal Code regarding ‘statements conducing to public mischief has this exception read as follows included in the publication.

    “It does not amount to an offence within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report has reasonable grounds for believing that that statement, rumour or report is true, and makes, publishes or circulate it without any such intent as aforesaid”

    RPK cannot be charged even for spreading rumour conducing to public mischief. Sedition is a much more serious offence.

    But there have been anomalous examples in the adminstration of justice in the country. A lord president was sacked mainly for writing a letter, and for the dispute of what the word ‘representation’ should mean. A deputy prime minister was jailed because he had not the privilege of the Prime Minister, when he on his initiative tried to halt spreading of rumours which could undermine the stability of the government.

    But the police might be interested to know what RPK knew more than the entire police force.

  65. YB LKS,

    May the “Force” be with us. Let play fire with fire, force with force.

    Create a police force within each state of Malaysia,

    and probably the goverment as always will copy ideas and create and investigation unit federal level i.e (FBI).

    “let the ball roll on dud”

  67. Stand-up for RPK! God will bless such kind of person who speak up for those who are bullied, who has been trampled by injustice and the arrogant! Leave the vengeance to God.

  68. Let all rightful Malaysians stand together and pray to God to save Raja Petra, Pakatan Rakyat and alliance.

    Let’s hope the whole world are able to unveil the truths to the unjustice in these current situations of Malaysia as soonest as possible.

    A message to all people, it they want to their generations to have a better future in Malaysia let’s unite immediately for Pakatan Rakyat and make Anwar to become the next PM in this coming September!

  69. Is this one of the reasons a certain VIP has gone to Mecca to avoid questions in Parliment as well as to Raja Petra’s blog. Worst, Raja Petra may have to spend time in the lock-up over the week-end, citing no available court officials around during Sat and Sundays. I pray for his safety.

  70. RPK detained for questioning?

    So you boys better take care not to come down on the wrong side of the Sedition Act and put Kit in hot water!

    To those who are so doggedly determined about doing away with the ISA, rather than substituting it with a legislation that better protects due process rather then denies it, here’s your opportunity to discuss the Sedition Act. [deleted]

    Comments on the ongoing Altantuya murder trial touches directly on the issue of sub judice. But not every statement made in public on an ongoing trial – if they are limited to the bare facts of the case – is in contempt of court, which is what sub judice is all about.

    I am fortunate to be in a jurisdiction which places free speech rights (commonly referred to as First Amendment rights) above all else and against the tight restrictions on comments sub judice. Where I am allows me to write about a trial being “akin to an orchestra and if it was playing the “Titanic” song, then the conductor was conducting the orchestra by satellite from an undisclosed location – except that the Titanic never sank and Jack and Rose never met.”

    RPK should talk more often to his lawyer before writing about an ongoing trial to ensure that his comments are not sub judice. Apparently, RPK’s reckless disregard for the law has given the puppetmaster a golden opporutnity to flex his muscles which he now does with glee!

    But the Sedition Act? Now that is a different ball game.

  71. Latest update from rockybru blog:

    Raja Petra released after 2-hour “interview”. update 7.30pm

    RPK, who runs the Malaysia Today on-line, said the Commercial Crime Division of Bukit Aman had asked him to make a statement with regards to his posting headlined “Let’s send Altantuya murderers to Hell”.
    He refused to make that statement, of course.
    The cops gave up (for now, at least) after two hours.
    RPK was accompanied by his lawyer, YB William Leong, the MP of Selayang.
    Scores of journalists, bloggers and Malaysia Today supporters waited at the entrance of the Bukit Aman.
    The MP of Wangsa Maju, YB Wee Choo Keong, arrived just after 5pm. After a brief discussion with Marina, RPK’s wife, Wee told her he would try and meet the cops. He asked me to accompany him. Wee took offence when the sentry on duty stepped in front of him and blocked his progress with an elbow.
    “Wah, is this a police state now? I don’t think we are a police state. Are we a police state?” Wee challenged the sentry’s superiors. He said the sentry treated him like a criminal.
    “If you can do this to an wakil rakyat,” he continued, “what chance does the average citizen,” he said, pointing at me, “your guard there will kick him out, hah?”
    That’s YB Wee for you!

    Raja Petra said the cops still had his lap top and computer. He confirmed that he was being investigated under Sedition Act.

    “For two hours they tried to make me make a statement. I refused. They threatened to charge me for refusing to make a statement. I told them, go ahead and arrest me or release me right now. And i told them that if they let me walk, I don’t want to see their faces again.”

    GE 13 – No matter what, we must ensure that umno bn do not regain the power like they had for the past fifty years.

  72. “Any offence in the latter category would fall under “contempt of court” to be dealt with by the presiding judge for the Altantunya case. When did it become an offence under the Sedition Act?” Kit

    Why has the presiding judge not put a gag order on the case?? Any lawyer in our midst?

  74. Najib is doing all he can to save whatever chances he has to be the next PM. The murder of altantuya will not be forgotten and I am sure God will punish the murderer in anyway he can

  75. “KUALA LUMPUR: Malaysia Today editor Raja Petra Kamaruddin is being investigated under Section 233 of the Communications and Multimedia Act 1998 for an article he wrote recently titled Let’s send the Altantuya murderers to hell.” STAR

    Which is which now?? Sedition Act or CMA?

  79. Dear kingkenny.

    now that my mind is a little clear up. i am sorry if you have felt i am compelling you or others to follow guidelines. i am not the webmaster nor the moderator, it is just that i wish not to see anyone, you,me and uncle kit to be investigated as what the police did to ym raja petra. unless you have full confidence in our system. hope you understand. i am just a visitor into this blog like you. thank you.

  80. Friday, May 02, 2008
    RPK Released After 2-hour Questioning….

    Raja Petra Kamaruddin was released after he was questioned for two hours (from 4pm) by police at the Commercial Crime Division at Jalan Dato Onn, Kuala Lumpur.

    Wearing a yellow t-shirt and a pair of jeans, a smiling RPK told waiting reporters and bloggers that he was being investigated under Section 4C of the Sedition Act for his article “Let’s Send The Altantuya’s Murderers To Hell” in Malaysia Today.

    “For two hours, they tried to persuade me to make a statement, I refused to answer any question or have my statement taken. They threatened to charge me for refusing to make a statement. I told them to go ahead and arrest me or release me right now. And I told them that if they let me walk out of here, I don’t want to see their faces again. Don’t disturb me anymore. I gave them two choices, arrest me now or let me go.”

    However, RPK thinks that “this is not over yet”.

    He was accompanied his lawyer, William Leong who is MP for Selayang. His wife, Marina, was waiting outside the premises.

    MP for Wangsa Maju Wee Choo Keong, who arrived after 5pm, asked to see RPK but was not allowed. (Read Rocky’s Bru).

    Earlier in the morning. seven policemen visited RPK at his home today and confiscated his laptop and CPU.

    He was to go in for an “interview” at 11am tomorrow but the time was rescheduled to 4pm today

  81. Sec. 233 of the Communications Multimedia Act 1998:

    A person who makes

    “any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person”

    commits an offence.

    It is easier for the presiding judge of the Altantuya case to haul RPK in for contempt.

  84. “Dear undergrad2.
    I read somewhere, you are returning to malaysia. are you?” ADAM

    Yes. I’m considering to return to set up a rehab center for internet addicts and a School of Acting for our MPs some of whom are below 35 years of age and others who have been MPs for far too long that they’ve come to regard Parliament as their playground!

  85. “…a smiling RPK told waiting reporters and bloggers that he was being investigated under Section 4C of the Sedition Act for his article “Let’s Send The Altantuya’s Murderers To Hell” in Malaysia Today.”

    So now it is back to Sec. 4C Sedition Act??

  86. Godfather Says:

    Today at 18: 00.20 (2 hours ago)
    Killer:

    The law provides that a person who is slandered can always take the purported slanderer to court. If RPK had wronged anyone, then that person should take action and not stay silent. The public perception is that if you have no guts to take a purported slanderer to court, then there must be some truth to the “slander”.

    Yo G’father

    RPK has been spared of trouble until now, not because people didn’t want to sue him or he wrote the truth but because of his royal connection. But he has been writing lies after lies without a shred of evidence and I think the BN govt feels it had enough.

    If he feels he has evidence to back his story, then why fear ? I am sure there will be a whole battalion of PR lawyers to defend him if he gets charged. If he has the courage to write then he should not claim intimidation but wlecome the chance to prove his point in the court of law. He already lost one case and I am sure soon he going to be sued his pants off.

  87. Haha….. just look and observe the current situation.

    BN lost the elections …… There is now a need to play the racial card to gain back support. KJ’s rumored planned riots failed. Everyone found out. Now everywhere we see that there is this “forum” and that “forum” on ketuanan Melayu, hak hak keistimewaan melayu, blah blah this melayu that melayu …… the racial card is in play.

    Almost everywhere we can see that “forums” are focused on the future of malays, where in almost each event, there are somewhat sedition-like comments made by the speakers to “ingite the flare” of radical racial sentiments, not to improve the current state of malays or malay politics. This is proven by the refusal of UNMO to hold the EGM. Hahaha…… just watch and wait.

    By the way, nice article by RPK.

  88. It was mentioned in tonight’s China Press (page A5) that the police used the following Acts to charge Raja Petra Kamarudin:

    1) Sedition Act
    2) The 1998 Multimedia and Communications Act 233 (if convicted under this Act, the person is imprisoned for not longer than a year or fined RM50,000 or given both punishments (i.e. imprisonment and fine).

    There was no mention of contempt of court.

    Sorry for the poor translation.

  89. when we watch movies,always the good guys are being bullied,i thought that were merely movies,but ,it is in reality,in this bolehland!

    when we noticed that discotheques ,massage parlours,4-ekor haram,drug addicts,along,mat rempit and etc continue to exist,this society is meant to protect them,not the hawkers on the streets try to earn a living,or making end- meets,they were always bullied by DBKL too!rily bastard gomen!bias gomen!cruel gomen!

  90. “Do not worry. Compared to what has appeared on RPK’s blog, the comments on Kit’s blog are far less likely to be termed as seditious. ” GODFATHER

    They could haul you up for making comments that are prima facie seditious. Whether your comments meet the definition of “seditious” is up to the courts and not the police. Be that as it may, the idea is to intimidate more than anything else.

    Phoning you up and asking you to be present on such a day at such and such a time, and then making sudden appearances at your gates in their patrol car with lights flashing and within sight of your neighbors, and knocking on your door in the early hours of the morning, is enough to intimidate most of us.

    It is akin to the abuse of prosecutorial powers by the AG.

    The idea is to have you detained for having committed some offence, allegedly of course, then making you spend hours in the police lock-up without food or water before freeing you, and later arresting you and hauling you up to face the magistrate. There is then the question of bail being refused or bail being set too high, and if bail is granted you find you don’t have the funds to pay it. You are returned to your cell at the police station “to serve out the rest of your sentence”. You contact your relatives to inform them of your new found fame and ask that a lawyer be woken up from his sleep to come and see you ASAP.

    The purpose is not to make those charges stick but to punish you in the process. If you are a person with deep pockets you may like to consider suing the government for the abuse of prosecutorial powers by the AG. That or you may be reduced to playing cat and mouse with the police. Imagine what that does to your life! Never mind your sex life!

  91. See the timing? It is a followed up manoeuvre by Pak Lah after the ” Kau tak sabar nak jadi PM” whisper. Najib’s chance have been blown to pieces. Definitely not by his order that RPK was summonsed. The fan is spinning full speed to splash all Najib’s dirt. Attention is being drawn to RPK’s article to further magnify Najib’s woes. The wife’s included.

  93. Here is the latest 8.30PM news from Malaysiakini (Chinese Edition):

    Raja Petra Kamarudin went with PKR’s lawyer Leong to Bukit Aman police station at 4.00PM to have his case recorded by the Cyber Crime Dept. Raja Petra Kamarudin walked out of the police station at 6.30PM. Immediately he was greeted and hugged upon by about 10 bloggers.

    Raja Petra Kamarudin refused to answer the questions the police officer asked him. He said this was the fourth time he had been investigated under the Sedition Act. He said he would refuse to entertain such boring and meaningless interrogations by the police and he would not submit any information.

    He said he would not join in the police’s political game and told the police to either arrest him or release him – the police chose to release him.

    The police could not produce a report to say that Raja Petra Kamarudin had committed a crime. It is not sure if he will have to go back to the police station for further questioning.

    I personally hope that Raja Petra Kamarudin can get away from such unnecessary harassment by the police.

    If our No. 2 is so sensitive and narrow-minded towards criticisms, I wonder whether our country will ever be reformed if he takes over from PL.

  94. ..but wlecome the chance to prove his point in the court of law. He already lost one case and I am sure soon he going to be sued his pants off. – Killer

    Since RPK is not able to rebut your statement in this blog, then allow me to “cut & paste” his arguments in Malaysia Today regarding the courts in Malaysia.

    To argue that we should leave this matter to the courts to decide is just not on. It can never be on until we see genuine and real reforms in the judiciary. And when the talk amongst legal circles is that, in September, the President of the Court of Appeal will take over as the new Chief Justice, this just erodes our confidence in the judiciary even further. Putting Umno’s lawyer in charge of the judiciary is like putting the fox in charge of the henhouse or, as the Malays would say, putting the kambing in charge of the sireh. And you want us to leave it to the courts to decide?

  95. devilmaster

    How convenience, RPK being the judge, the jury and the executioner…

    This is worse than bagaikan kambing jaga sireh…this is more like “bagaikan buaya jaga kambing”…ha ha ha…

  96. How convenience, RPK being the judge, the jury and the executioner… – Killer

    I dont understand why are you saying RPK acting like a judge. If you read carefully his post, RPK was implying that our kangaroo courts are there just to serve certain parties. It is no longer independent as it used to be.

  97. The Bully Boys are at it again! Less than a week after getting thrashed on live National TV by YM Raja Petra ‘The Rock’ Kamaruddin, the Umnoputra Bully Boys unleashed their errant boys PDRM to haul up RPK and wife for questioning for sedition.

    News reports say that the interrogation has got to do with the article that appeared on Malaysia Today linking Altantunya with Najib and Rosmah. However, somehow I get the feeling it has got to do with RPK’s appearance on RTM1 last Sunday. RPK did some major collateral damage to the BN/ Umno regime in that interview. I guess it did not go down well with the archaic Umno ultras and the 4th Floor Boys.

    Nevertheless, my prayers and support is with RPK and his family. God is great! God will never forsake you for you stand on the side of Truth and Righteousness and the Truth shall set you and all who are unjustly detained free while sending the vermins who caused so much pain and suffering on His people fleeing into the Fires of Perdition.

    To all idiots like Joachim Xavier who think that it is immoral for Pakatan Rakyat to come to power tomorrow through a cross over of BN MP’s, I say to him and all the rest [deleted] Only when PR takes power can all the abuses and injustices be stopped. The longer the BN regime rules, things like what happened to RPK and wife will continue. More Balkis and Bunga Tanjong will continue. More injustices by the Police will go unabated. More files and evidence of corruption and malpractices will disappear!

    DSAI, Uncle Kit and Tok Guru Hadi Awang, form PR Federal Government now and stop the rot before it is too late. Pakatan Rakyat please help RPK! Hidup Malaysia!

  99. The goons are showing their muscles again at least under licence from PL, NTR etc … like the Malacca DAP men, this muscle showing off will cost BN more seats next GE.
    Best of Luck and Thank you RPK , DAP , PKR etc…

  101. May God protect RPK from any injustice and cruelty by UMNO and police. We appeal to the international community to put pressure on UMNO and its corrupt and evil politicians, so that justice will prevail in the country, so that innocent Hindraf detainees are released, and for transparency in the Altantutuya case. Makkal Sakti !

  102. “BN can take a leaf from Lee Kuan Yew’s book of retribution – sue the other party and recover financial damages until that party becomes bankrupt; but then what are the chances of a BN complainant being totally innocent ?” Godfather

    This would be ideal. But if the independence of the judiciary is suspected, I am not so sure the outcome from any suit will be accepted by the parties concerned. If the government leaders sue and win, many of us may complain that the impartiality of judiciary has been compromised. On the other hand, if government leaders do not take legal actions in the face of repeated accusations, many of us will say that may be the leaders really have something to hide. Susah lah, from the way I see it. I really don’t know who is telling the truth anymore.

  103. Kit, this is the reason why you and Karpal must not put up your big ego condemnation about unethical kataks when they leap over to PR to form a new government to liberate us all from this police state. Just imagine if the submarine king succeed in taking over, we will have gestapos breathing down our breakfast table or pulling our blanket over before we could even open our eyes in the morning. Unless you two knows something about Anwar’s scheme that we don’t know. Please use your good office to stop these abuse by the police and we want you to know that we are all behind you and just say the word, and we shall throw in our support.

  104. My sense is that somebody is obviously making a very big mistake here – and it is not Raja Petra Kamarudin (“RPK”)!

    There are three angles to look at this.

    First : For any criminal charge or official action to be taken against RPK, it has to proceed on the justification that RPK is someone who customarily libels and slanders by making “wild allegations” and spinning fiction as fact (as what Killer said). The paradox however is that if RPK spins fiction and has no credibility with ordinarily reasonable people, why instigate official action and charge him ??? After all no one takes what he writes seriously beyond its providing entertainment value, and hence no one’s reputation or stature could seriously be injured, considering his so called lack of credibility. To instigate official action and charge him will have the opposite effect of impressing more people that what he said could be likely true and that is why he is a threat needing to be fixed!

    Second: If a criminal charge – whether sedition, contempt of court, criminal defamation, whatever charges – were to be brought against him, his first defences will invariably be (a) he has only raised issues in public interest and (2) he will plead justification (the truth of his allegations) and one does not know what he has got hidden, awaiting disclosure to suggest that.

    Apart from the issue of whether legal technicalities of any charge can be made out beyond reasonable doubt – and of course his royal connection or possible protection – there is another dimension going beyond law and courts: for anyone who wishes Altantunya case to be forgotten or not delved deeper, any criminal prosecution against RPK promises to re-focus public attention twice over on the case, one from the on-going case involving Baginda (which many are no more following) and the second, involving RPK which may well lead to more revelations from unsuspected quarters causing the lid of the Pandora Box, ajar, to be further thrown open. Don’t forget RPK will have the support of public opinion – if not international opinion going all the way to Mongolia – on the Altantunya case!

    Third : If police investigation were not intended to charge but merely to harass and intimidate him, then sorry lah this is wrong reading of character – if RPK were the type easily intimidated and harassed by police investigation, he would not be writing all sorts of things that he has been doing all this while in his blog. In fact I suspect he absolutely revels in this kind of police harassment and enjoys countering it…..

  105. It is akin to the abuse of prosecutorial powers by the AG. Undergrad2

    Prosecutorial powers by the AG? Is police’s power to investigate and arrest under AG? When a person is arrested and bought to court, the AG prosecutes, but it is the magistrate or the judge that set the bail (if applicable). Am I not right to say that for the abuse to happen the three agencies, the police, the AG Chamber and the Judiciary must all act in tandem? Your “prosecutorial powers by the AG” is a little confusing for me.

  106. Isn’t it obvious the Police are under the thumbs of the Ruling Party’s leadership?

    The Malay sayings goes like… tepuk sebelah tangan tak akan berbunyi…. tiada angin, daun tak akan bergoyang… and so on.

    The Malay saying also has this to say about the country’s present leadership…. Mati Ayam Mati tungau nya….loosely translated to Inglish :) it means… When chicken dies, the fleas will die with it.

    Imagine, the Chief dies, corruption dies, simply catching innocent people will no longer the norm, murdering young woman with C4 will be unheard off. All these fleas will die lah.

    Phack Lah

  107. “Am I not right to say that for the abuse to happen the three agencies, the police, the AG Chamber and the Judiciary must all act in tandem? Your “prosecutorial powers by the AG” is a little confusing for me.”

    The abuse can happen at different levels. Here we are talking about abuse of police powers – which is why I said “akin to abuse of prosecutorial powers”.

    Wakarimasta??

  109. Still hoping for judicial & police to be independent ???? Dream on guys….!!!! Pakatan Rakyat form new govt then we talk reform. Before that don’t waste your time HOPING !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  110. Bear in mind that the police has taken possession of RPK’s hard drive. Their forensic experts are now looking frantically for information on his computer’s hard drive to see if he could be detained and charged for some crime.

    This is like police searching your house without a search warrant for evidence of a crime. The police in Malaysia does not need a search warrant before they could search your property for evidence unlike in some other jurisdictions. They don’t need to be armed with a search warrant issued by a judge. They only need to be armed with “reasonable cause” – not any reasonable cause but reasonable cause to believe that you have committed a crime. If they search your house to look for evidence of a crime they have no ‘reasonable cause’ to believe has been committed, then the search is illegal. But does that mean any evidence found may not be admissible in a court of law?

    If you think you’re out of the woods think again! It is all about the ‘fruit of the poisonous tree’ and what this creature called ‘reasonable cause’ is about. Can you identify this creature called ‘reasonable cause’ when you see it?

    The fruit of the poisonus tree? You’re right. It has nothing to do with the tree in your backyard which has some odd looking fruits hanging from it.

    It is also about going on a ‘fishing expedition’ and if you think fishing expedition here is about going on your fishing trip one lazy afternoon to catch a few fish, it is time to consult our resident legal expert, Jeffery QC.

  111. Below are the words synonyms to UMNO
    think UMNO, think Abuse of Power
    think UMNO, think Bullied
    think UMNO, think Corruption
    think UMNO, think C4 Explosive Murder
    think UMNO, think Discrimination
    think UNMO, think Evil Politicians
    think UMNO, think Freedom No Hope
    think UMNO, think Hypocrisy.
    think UMNO, think ISA
    think UMNO, think Keris Waving
    think UMNO, think Monkeys
    think UMNO, think Money Politics
    think UMNO, think OSA
    think UMNO, think Phantom Voters
    think UMNO, think Quota
    think UMNO, think Racist
    think UMNO, think Sleeping-LAH
    think UMNO, think Sexist
    think UNMO, think Toll Increase
    think UMNO, think Zakaria
    …
    think UMNO, think Raba Punggung

  112. Undergrad2, depends on what they’re searching for n the expediency of the search. For eg court order for production of document under s.54CPC requires search warrant. s.56CPC requires warrant if Magistrate has reason to believe that an offence has been committed or evidence or thing necessary for investigation is in a certain place. However if we are talking bout search without warrant, the relevant sections would be 62(read with 435), 63 and 116 CPC. ss.62 and 63 are out as it concerns stolen properties. Then there would be the provisions for seizure of items searched for. I think the provisions give police considerable latitute to search n seize therefore, they need not proceed without warrant.

    “Is police’s power to investigate and arrest under AG?” -limkamput
    For arrest, no. For power to investigate, depends on whether offence is seizable or non-seizable i.e. shall arrest without warrant or with warrant. If it’s a non-seizable offence then yes,police must obtain Order to Investigate from public prosecutor(PP) which is alter ego of AG. Police not below rank of Inspector can prosecute only with written authority of the PP for seizable offence. So Undergrad2 has a point, abuse can occur in any level. However,it’s unlikely one can accuse of AG abusing prosecutorial powers. FC and CPC give the AG wide discretionary powers, very wide that is…..

  113. Dear YB Lim,

    If RPK were to be arrested because of “arahan dari atas”, all DAP or Pakatan Rakyat lawyers must unite to stand and fight for justice in any Malaysian court. Perhaps, Pakatan Rakyat should organise the rakyat for a peaceful demo in front of parliament or in Putrajaya PM office to demand the release of the respected and beloved RPK. Let us pray that nothing drastic or brutal will befall on this brave man — a true Bangsa Malaysia.

  114. Dear Adam Yong,

    Thank you for your kind words. I’m not a lawyer. Petra sure would need a very good one now. All I could say to him now is hang tight. His experience in dealing with police and threats would prove useful now.

  115. Killer Says:

    Yesterday at 17: 53.14
    [snip]

    My guess is that BN ignored his writings previously but after March 8 Tsunami they realized how badly RPK’s accusations had hurt them.

    ————–

    Are you suggesting that BN is using the police to retaliate? Is this not an abuse of power?

  116. Killer Says:

    [snip]

    If he feels he has evidence to back his story, then why fear ? I am sure there will be a whole battalion of PR lawyers to defend him if he gets charged. If he has the courage to write then he should not claim intimidation but wlecome the chance to prove his point in the court of law. He already lost one case and I am sure soon he going to be sued his pants off.

    ———————-

    I don’t think he is afraid, that’s why he continues to write.

    However, just because one is not afraid does not make police intimidation tactics right. For example, if you have done nothing wrong, does it make it right for the police to come and search your house? Likewise, by claiming intimidation tactics is an abuse of power does not equate to an admission of guilt.

  117. limkamput Says:

    This would be ideal. But if the independence of the judiciary is suspected, I am not so sure the outcome from any suit will be accepted by the parties concerned. If the government leaders sue and win, many of us may complain that the impartiality of judiciary has been compromised. On the other hand, if government leaders do not take legal actions in the face of repeated accusations, many of us will say that may be the leaders really have something to hide. Susah lah, from the way I see it. I really don’t know who is telling the truth anymore.

    ————————–

    Yes, banyak susah. :)

    On the other hand, that’s what you get when the govt and judiciary is corrupted or perceived to be corrupted.

    In matters based on opinion and perception, you cannot win when you do not have any credibility.

  119. “However, it’s unlikely one can accuse of AG abusing prosecutorial powers. FC and CPC give the AG wide discretionary powers..” procol

    You may want to rephrase that to “It is unlikely one can prove prosecutorial abuse by our AG”. You can accuse anybody of anything. Proving is another matter.

    I respectfully disagree. The case of the Hindraf 30 (or more), may be a case in point but then I do not know the full facts. So I say “may be”. You’re in a better position to tell me the facts of that case and to give an opinion.

    But certainly, however wide the discretionary powers given to our Attorney General may be, prosecutorial abuse is prosecutorial abuse in any jurisdiction. You can prove a case of prosecutorial abuse if the facts are right. The law is the same.

  120. “I think the provisions give police considerable latitute to search n seize therefore, they need not proceed without warrant.” Procol

    I think you meant to say “they do not need a search warrant to proceed”!

    Agreed. The police does not need a search warrant to enter your house, or to look into your computer hard drive, to look for evidence which could be in the form of information – if the case is one involving sedition, for example. But what good is evidence if it is not admissible in a court of law?

  121. It does not appear that RPK fell foul of the sub judice rule since he was aware of it and this was what he wrote:

    “I understand the concept of subjudice when commenting on an ongoing trial. So allow me to comment only on what the mainstream newspapers have already covered”

    He went on to write:

    “The mainstream newspapers reported about a green Suzuki Vitara. The registration plate of the car was also mentioned in that newspaper report. Malaysia Today traced the owner of this car to an address in Ijok. On further checking with the SPR registration, it was confirmed that this person exists and his name, address and IC number tally with that in the JPJ registration.”

    This then could not have earned him the wrath of he who has been silent all this while? So what does?

  122. The police act as instructed by the government.Let them probe and bring him to book.If the truth is reported it will prevail.Political leaders who are afraid that they may be implicated it is best they resign for the good of the country.We must start afresh leaving the rotten one behind.Meanwhile let the police do its job.At least now they can do their job a bit independently because the public is behind them.We have changed.We see how the agencies of government conduct themselves after the mandate.

  123. Going through RPK’s article, I think there is enough material there to make the sedition charge stick!

    SEDITION ACT 1948

    Art. 3 (1) (c)

    “to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any state;”

    Good luck to RPK but his connection to the Palace may make the difference!

  124. Any lawyer worth his salt will be able to tell you that the Sedition Act is so wide that it will be able to catch insects, warts and all!

    The conundrum that constantly swirls in legal minds is how NOT to make the law look like an ass, sound like an ass and act like an ass. Lord Denning will tell you from the other shore of eternity that any pro-establishment judge worth his salty tang will be able to make a camel walk through the eye of a needle with laws like the Sedition ACt and the ISA, for instance, which we have in Malaysia.

    So the long and short of what I am saying is: justice and integrity must serve the spirit of the law and the interests of the people, not fend for some political bastard who helped initiate some nefarious law to protect his asshole, in a manner of speaking. The point that must be absolutely clear is that human laws are not necessarily divinely inspired; otherwise Zimbabwe’s Mugabe would be a deity by now and not the pariah that his true colours really show.

    Let’s give RPK a chance to spur the truths to bolt from the dungeons. DEnning is advising Altantuya in the courts of eternity on how to help RPK send those ‘bloody murderers to hell”, in a manner of speaking again.

  125. Going forward from what Undergrad2 said, the statutory defence is in section 3(2) of Sedition Act 1948, next following section 3(1) (c), that reads:-

    “Notwithstanding anything in sub-section (1), an act, speech, wording, publication or other thing shall not be deemed seditious by reason only that it has a tendency to point out errors or defects otherwise in the administration of justice with a view to the remedying of the errors or defects…..”

    According to Raja Petra – “I understand the concept of subjudice when commenting on an ongoing trial. So allow me to comment only on what the mainstream newspapers have already covered. The mainstream newspapers reported about a green Suzuki Vitara. The registration plate of the car was also mentioned in that newspaper report. Malaysia Today traced the owner of this car to an address in Ijok. On further checking with the SPR registration, it was confirmed that this person exists and his name, address and IC number tally with that in the JPJ registration.

    The house exists and the neighbours confirm that the person concerned does live there and that the green Suzuki Vitara has been seen in front of the house. This, according to the newspapers, is the car that took Altantuya away after she was arrested in front of Razak Baginda’s house and taken to Bukit Aman.

    Has this man been picked up? And, if not, then why since Altantuya was last seen alive driving off with him? Malaysia Today has revealed his name, address and IC number. And this man’s neighbours in Ijok confirm his existence and that of the car. Note that this was raised in the trial and was reported by the mainstream newspapers. So this is not mere insinuations and innuendoes.”
    See this link to MalaysiaToday : http://www.malaysia-today.net/2008/content/view/6849/84/

    Question : In asking why owner of a green Suzuki Vitara [who has been identified with his name, address and IC number tallying with that in the JPJ registration] has not be picked uip for investigation, isn’t Raja Petra pointing out the “:errors or defects otherwise in the administration of justice with a view to the remedying of the errors or defects…..” that constitute a complete defence????.

  126. This is precisely what I meant in my earlier posting Today at 00: 26.30 (7 hours ago) – “anyone who wishes Altantunya case to be forgotten or not delved deeper, any criminal prosecution against RPK promises to re-focus public attention twice over on the case, one from the on-going case involving Baginda (which many are no more following) and the second, involving RPK which may well lead to more revelations from unsuspected quarters causing the lid of the Pandora Box, ajar, to be further thrown open…”

    If one cannot nail RPK on sedition, what other courses are open?

    Try criminal defamation, and RPK will plead justification, fair comment and public interest as defences which will make Altantuya’s murder an even bigger public issue than what it is already!

    Try getting him on cyber laws eg Communications and Multimedia Act 1998, you would then have tio fight the entire cyber and blogging community here in Malaysia as well as internationally (not just Mongolia) and you hazard and jeopardize our MultiMedia Super Corridor premised on the Bill of Guarantee, a commitment given by the country to the International Community…..

    Try intimidation and harassment, he is not afraid, and in fact quite ready and prepared to face it – for example he refused to make statement under section 112 of the Criminal Procedure Code, telling investigators that for his refusal, they had “two choices” – arrest and lock him up or release him.

    They have released him.

    So what other courses??

  127. To that YB who eats chillies:

    Our leaders always think they are of first world caliber. But when it comes to PUBLIC SCRUTITY they run back into their shells and think they are not accountable to anyone or be subjected to public opinion and resort to autistic behaviour.

    Don’t you think that is being infantile?

    In developed countries public figures would stand down with grace and honour in such scandals……………………..

    Don’t eat chilies then …..if you do not wish to be subjected to public scrutiny. As a paid “PUBLIC SERVANT” you are a public property – shall and always will be subjected to public scrutiny

    If there is “no bone in an egg”, then why resort to the Bully’s TACTIC with the threat of suing somebody out of his pants in attempt to gag someone. I am sure you have made allowance for such circumstances when you offered yourself to the PUBLIC SERVICE. It is too late now to say PUBLIC SCRUTINY is not part of the service contract

    You should however make a public statement in the press with Atticism and announce your innocence- that would put the matter to rest.

    I wonder why you are not doing this with ALLAH as a witness…………………………………..…is there really a “smoking gun” this is the MOTHER OF ALL PUZZLEs of public interest confronting us at the moment

  128. “In asking why owner of a green Suzuki Vitara [who has been identified with his name, address and IC number tallying with that in the JPJ registration] has not be picked uip for investigation, isn’t Raja Petra pointing out the “:errors or defects otherwise in the administration of justice with a view to the remedying of the errors or defects…..” Jeffrey QC

    I’m no expert on the law of sedition. So allow me to place a very strong caveat in what I’m about to say in case a reader or two take my opinion as gospel truth.

    RPK to me seems to be doing more than just pointing out defects in the administration of justice when he wrote the said article. He is suggesting unequivocally that the process is corrupt and that the administration of justice has been tampered with ‘by higher powers’ and by doing so invites public scorn on the country’s justice system. Now it is important to also note that he does this while the Altantuya murder trial is an ongoing case and this is important. I don’t know how else to put it.

    In my opinion, there is enough material in there to satisfy Sec. 3 (1) (c). Sedition Act 1948.

    Also note that despite saying that he understood the meaning sub judice, RPK then went on to do just that i.e. made comments sub judice!

    Having said that to be fair to Jeffrey QC, he did say that that could be a defense i.e. pointing errors in the administration of justice with a view to remedying them. A defense is just that i.e. a defense.

  129. To: Jeffrey QC

    (…following section 3(1) (c), that reads)

    “Notwithstanding anything in sub-section (1), an act, speech, wording, publication or other thing shall not be deemed seditious by reason only that it has a tendency to point out errors or defects otherwise in the administration of justice with a view to the remedying of the errors or defects…..”

    I do not see that in my copy of the Sedition Act 1948. Was there an amendment since?

  130. There goes again, with so many pending cases yet to be solve and yet again the man in blue are more eager to save the ars* of their leader. It really irks me when this kind of things happen. To tell the truth I vote for BN in the GE cause I thought the country will be more stable and prosperous. Looks like I got it all wrong :(

  131. “Any lawyer worth his salt will be able to tell you that the Sedition Act is so wide that it will be able to catch insects, warts and all!” ENDANGERED HORNBILL

    In a nutshell, yes!

    I’d agree with you if you add “with a less than impartial and less than independent Judiciary”.

  132. If (say) RPK directly or indirectly pours scorn on the administration of justice, the final arbiter of whether he will be punished by the laws of the country or absolved/exculpated will not just be decided upon legal technicalities alone and twisting them to fit a crime but also public opinion and whether what he said or wrote is actuated by irresponsible recklessness or malice or otherwise has reasonable basis and justification in promotion of public interest….
    If (supposing) there are glaring irregularities, shortcomings, gaps and subterfuge by which a case is investigated and prosecuted, if there were obvious injustice in what is going on, will pointing out truthfully these irregularities, shortcomings, gaps and subterfuge (ie “pouring scorn”) on the administration of justice – or rather administration of injustice – sustain a criminal prosecution? Yes maybe but that will be persecution, but can that be successfully sustained in today’s political milieu and public heightened consciousness and active civil society’s pressure for transparency and accountability?
    In short can truth struggling to be set free be denied from prevailing in the longer term? How long?

  135. Latitude to search and seize, warrant or without warrant, admissible and not admissible, fishing expedition and poisonous fruits, prosecutorial abuse, seditious, non seditious, defamation or no defamation, pointing error in the administration of justice or otherwise, etc. etc. Just one question: if a Nincompoop (hence limkamput) or Ah Beng without fame and money got into trouble with law, would the police, AG and the court diligently follow all these being discussed here? I am not being cynical or anything. I really don’t know. That is why may be I quite like what ENDANGERED HORNBILL Says: Today at 07: 26.28 (1 hour ago) which I thought is so beautifully written.

  137. “And what is going to happen to Paul Augustine’s reputation as a judge after TDM openly admitted to “framing” DSAI during his trial?”

    A miscarriage of justice should make the victim richer by more than just a few dollars.

  139. “What is your opinion on the police seizure of RPK’s computer hard drive, whether information obtained is admissible in court?”
    “I think you meant to say “they do not need a search warrant to proceed”! – Undergrad2

    I don’t know which provision the police proceeded with the search and seizure. However, I think it’s unlikely that the search and seizure was illegal. The police may hv proceeded under s.56CPC which also empowers the police to seize the evidence specifically searched for. The reason y I think that the police had a search warrant is because firstly, there wasn’t real urgency unlike a search for stolen goods which may be moved or disposed off. Secondly, it’s not difficult to obtain a search warrant so y risk being denied entry n hv to resort to reasonable force to obtain ingress? n open themselves up to yet another ground of contention? Unless u think that they like the thrill of kicking down doors Hollywood style(legal under s.16(2)CPC). In any case, whether with or without search warrant, s.435CPC is wide enough for seizure of items,evidence,etc to be lawful. It extents to seizure of property not mentioned in search warrant.
    The police is looking for incriminating evidence of seditious document. Under the Evidence Act,any matter stored, retrieved or produced by a computer is a document. Provided the document as evidence is relevant and the mode of proof duely complied,it’s admissible as evidence. I assume ur thinking about illegally obtained evidence. If presuming evidence was illegally obtained, a string of cases would suggest that it would be admissible provided it’s relevant and if it doesn’t operate unfairly against the accused. However, it is suggested that the court would have judicial discretion to disallow such evidence if it’s unfair to the accused. And I’m sure u know how courts interpret unfair. To depart slightly, even an illegal arrest would not affect the court’s jurisdiction to try an accused.

    “It is unlikely one can prove prosecutorial abuse by our AG”. You can accuse anybody of anything. Proving is another matter.

    Spot on thanks for the detail. In my opinion the discretion is so wide that what is perceived as “abuse” by public opinion, whether based on moral highground,justice,etc is not deemed as abuse by the legal standard and interpretation. Though the AG is not responsible for the investigation part, if the AG proceeds to institute proceedings based on weak evidence,I don’t think it qualifies as abuse. It’s another matter already. Art.145(3)FC n s.376CPC are the provisions set out for the AG’s powers. There’s this joke that the AG listens to the song “I have the power!” every morning in his CLS,lambo,perdana,whatever.

  140. Wow! The Police are very efficient at going after UMNO Opponents! But ask them to solve some crimes & they say the Public is not cooperative! Where are those innocent missing children? Where the killers of that poor little girl in PJ?
    Looks like “someone” & his wife are getting verrrrryyyy scared isn’t it?! RPK’s article has put questions that needs to be swept under the rug!

  142. In reference to the matter under discussion between Undergrad2 & procol, I think the general position on police powers of entry and search is that unless (1) otherwise authorised by search warrant issued by magistrate or (2) otherwise specifically permitted by specific legislations or (3) police suspects the presence of suspected criminals in premises (authority given under CPC), police cannot just enter home and premises to search and seize objects.

    Police seizure of RPK’s computer hard drive is more likely based on (1) and/or (2) by authority of Section 8 (1) of Sedition Act which provides –

    “A Magistrate may issue a warrant empowering any police
    officer, not below the rank of Inspector, to enter upon any
    premises where any seditious publication is known or is reasonably
    suspected to be and to search therein for any seditious publication.
    (2) Whenever it appears to any police officer not below the
    rank of Assistant Superintendent that there is reasonable cause to
    believe that in any premises there is concealed or deposited any
    seditious publication, and he has reasonable grounds for
    believing that, by reason of the delay which would be entailed by
    obtaining a search warrant, the object of the search is likely to be
    frustrated, he may enter and search the premises as if he were
    empowered to do so by a warrant issued under subsection (1)”.

  143. If you guys don’t mind I’d like to leave the matter of search and seizure, illegally obtained evidence etc and move on to the issue of S. 112 statements under the CPC. I don’t have copies of the CPC and the Evidence Act and my comments are of the cuff comments – if you know what I mean.

    What does the CPC and the Evidence Act say about the refusal of someone who may be a witness to assist police in their investigations? There are constitutional issues involved and I do not think you can be put to jail for not wanting to answer questions put to you because you believe statements made may incriminate you in a crime you have neither been informed nor charged with. In any event statements made under S. 112 or S. 111 CPC are not evidence that could be used in the trial because they infringe on the common law rule against hearsay evidence. These out-of-court statements could still be used in memory refreshing and to prove inconsistencies between out-of-court statements and your court testimony if they become relevant issues later.

    Notwithstanding the above, your refusal to answer questions in a police investigation may be relevant to prove an issue, should there be one, in the trial if there is one later.

    Where have I gone wrong so far?

    I think RPK’s lawyers working pro bono are interested in the free publicity and exposure they are getting rather than his welfare. That could explain his cavalier attitude, his reckless disregard for the law, his own safety and to the welfare of his own family.

    The Sedition Act much as we all abhor it is still law. So is contempt of court and the sub judice rule. What saves him is his connection to the palace. Other lesser mortals may want to think carefully before they embark on a similar trip.

  145. Dear Undergrad2.

    “what saves him is his connection to the palace.”

    just for your information.
    raja petra was detained under ISA before. Was beaten up by a senior police office before.

    And even if any Yang Mulia, or Yang Teramat Mulia would champion the rights of Malaysian, i think , i personally will appreciate that. wont you ? i am sure you will.

    thank you .

  146. Yeap his connection with the palace definately keeps him out of trouble but how long ??but at least despite it all at least he got the guts to voice out whats in his mind …god be with u rpk

  147. Don’t get me wrong. I’m not belittling RPK. He feels passionate about issues and is prepared to do what it takes to expose those whom he thinks are responsible for the injustice that he sees. That is more than many of us are prepared to do alone, to say “bring ’em on!” knowing that when push comes to shove he’ll be standing alone in that jail!

    He is surrounded by a plethora of ‘friendly’ lawyers advising him of his rights encouraging him on. All of them, I’m sure, are prepared to work for him pro bono in court for the publicity they get. That is more than any lesser mortal could expect to get. But if I were him, I would take a long hard look at some if not all of them.

    When push comes to shove it is your family that suffers.

  148. It is time that we give our thumbs up for Raja Petra, a man of guts who speaks against injustice in our system . My opininon is that he has done no wrong but to question things for the interest of the general Public , many of whom may not be as informed or literate . His words are against the System and ultimately the people behind it i.e. the ones who walk the corridors of power as he tags it. Even he has the guts to speak out against the powerful and we really need more of these people lik Raja Petra so that we can strive to have Proper Governance both in perception and in reality .

    The ones in governance should not take lightly the Rakyat demands for a clean and transparent system . As long as the ones Governing are clean and transparent themselves ,there is no need to walk a different path . Go along and open up , be prepared to answer well in parliament , in court , in media and in conscience.

    May the Almighty ( God or Allah or whatever terms you use is not important but the Heart is Sincere is more important) be the guiding force in our purpose for a Better Humankind in our Beloved motherland and this World that we live in.

    Whatever we strive here in Malaysia is what we want for siblings of ours in this Mother Earth and to start a better World , we need to start at right where we are. Thank you to all readers .

  152. I think you meant to say you’re not a practicing lawyer- undergrad2.

    Lol, ur a psychic? I missed out on the word “yet”. In any event, I can’t say I will be a practising lawyer or want to be one. Ur right, s.112 statements can’t be used at all after the amendment, not even for impeachment. RPK bound to answer the truth to questions if he chooses to answer but may choose not to answer any questions which has a tendency to expose him to criminal charges. Adverse inference not an issue here. Perhaps post d question to lawyers specializing in criminal litigation.

  154. “Ur right, s.112 statements can’t be used at all after the amendment, not even for impeachment.” procol

    Amendment? What amendment? Something in the pipeline? S. 112 statement is after all an out-of-court statement. It is his court testimony that is the evidence. Like all statements, it should be available for use in the impeachment process.

    What about memory refreshing – which is akin to admitting hearsay evidence by the back door?

  155. Yup ur right. I’ll be sure later on.

    Yes, the amendment. I don’t know whether to be happy or worried. Happy because I don’t have to memorise the entire s.113 chapter together with cases, procedures,application,etc. Worried because I don’t know how the questions would be come July. The fact is, right this moment, there aren’t any cases decided on the amendments. Even after amendment some parts are still ambiguous especially the prima facie part. It’s already in force (CPC(Amendment) Act 2006). Sorry, I’m lagging behind in the subject of evidence at the moment. As much as I would like to indulge in an intellectual discourse but i’m kinda pressed for time for my revision. So details might be incomplete…. 1. No more cautioned statement to be taken under s.113CPC. Previously, s.113CPC statements was used in X-examination n impeachment. AG got so sick that people like RPK got beaten the daylights out of them which causes 113 stmts to be inadmissible based on involuntariness. So now all stmt wld be taken under s.112 2. Previously s.113(1) states…”shall be admissible”. Now it’s “except as provided in this section, no stmt made by any person to a police…shall be used in evidence”. 3. prosecution can’t use 112 stmt to impeach accused but accused can use 112 stmt of other witnesses to impeach them. 4. There are exceptions to non admissibility of s.112 stmt but too long to list everything here.

    Get a copy if possible of the new CPC.

  156. What good are Malaysian judges if Dr. M himself had confessed to “framing up” DSAI so that he was convicted years back and the presiding judge, Augustine Paul, just keeps quiet. Just how did he come to he verdict then which he can pronounce such a sentence on the then DPM? Shouldn’t Augustine Paul come out and confess his sins? And if he does so, what about the piles of cases he has decided as a High Court Judge? Are these judgments correct, righteous and legal? All these makes me wonder what the Malaysian judiciary is becoming. Can we even get justice from the Courts in Malaysia?

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