Posted on

AG, IGP ‘cleared’ in black-eye case

by Rahmah Ghazali and S Pathmawathy
Mar 11, 09
Malaysiakini

Attorney-general Abdul Gani Patail and inspector-general of police Musa Hassan have both been cleared of any criminal involvement in Opposition Leader Anwar Ibrahim’s black-eye case, according to the Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz.

He was replying to Gobind Singh-Deo (DAP-Puchong) as to why no action has been taken by the authorities after Anwar had lodged reports with the police and the then Anti-Corruption Agency (ACA) last July.

Subsequently, the ACA – now called the Malaysian Anti-Corruption Commission – set up an independent panel to probe the case.

The panel members were Kadir Sulaiman, Wira Mohd Nor and Ahmad Nor Abdullah – all former judges from the Federal Court and Court of Appeal. Continue reading “AG, IGP ‘cleared’ in black-eye case”

Posted on

Najib knows best

Najib knows best
With the announcement of a huge stimulus package, Malaysia’s next leader shows that he’s no economic reformer..

Asian Wall Street Journal
11.3.09

The man slated to take over Malaysia’s government later this month hasn’t said much about his economic philosophy. But with the announcement of a 60 ringgit ($16 billion) stimulus package yesterday, one thing is clear: Najib Razak is no free-market reformer.

Mr. Najib, who is currently deputy prime minister, called yesterday’s package “unprecedented in the nation’s history.” For an expenditure of roughly 9% of 2008’s GDP over two years, that’s no exaggeration. Malaysia will raise debt to fund this largesse. The fiscal deficit is now projected to reach a whopping 7.6% of GDP, up from 4.8%.

Malaysia is following in the fiscal footsteps of the U.S., Australia and Japan, but that doesn’t make it smart. The “stimulus” from all this spending will likely be limited. Most of the money will be spent on loan guarantees, infrastructure and public-sector expansion, rather than on tax cuts that could stimulate productive growth. State-owned investment company Khazanah, for instance, will be handed 10 billion ringgit. Pet projects such as “green investments” and the state-run auto maker will also see cash handouts. The government itself will hire 63,000 workers.

This is effectively a restatement of Malaysia’s old, government-knows-best policies. It’s the opposite of what Malaysia really needs, which is to ditch this thinking and shift to a business climate that encourages private investment and entrepreneurship. The government predicts GDP could shrink 1% this year. Continue reading “Najib knows best”

Posted on

The Pendatang joke from Penang

(This joke, which came by email, hits home a most pertinent message about Malaysian nation-building.)

Ahmad: Hey son, who were you talking to ?
Son: My fairy godmother.

Ahmad: How many times have I told you there is no such thing as a fairy godmother ?
Son: I know but there really is a fairy godmother, Dad.
Ahmad: Okay, call her here now. I would like to talk to her.
Son: But she won’t come Dad. She said she doesn’t want to meet you.

Ahmad: Did she tell you why?
Son: She said that you are a bad man.
You betray your Chinese friends by calling them Pendatangs.
Ahmad: You saw that news on TV, didn’t you ?
Son: No, I didn’t, the fairy godmother told me.
Ahmad: Well, your fairy godmother is wrong.
She should thank me for calling the Chinese Pendatangs.
Son: Why Dad ? Continue reading “The Pendatang joke from Penang”

Posted on

“Perak Speaker must be represented by State Legal Adviser” – Government Proceedings Act 1956 Irrelevant

(By CKO, an Advocate practicing in Sabah, who has no political affiliation.)

1. Much has been said on the recent legal battles in Perak in the first week of March 2009, including the decision of the Ipoh High Court to grant an Order against the Speaker under Section 44(1) of the Specific Relief Act 1956. The Ipoh High Court apparently has ruled that because of the Government Proceedings Act 1956 (“GPA”), the State Assembly Speaker must be represented by the State Legal Advisor in the relevant legal proceedings. However, it is my humble view that the GPA was not applicable at all.

State Speaker Must be Represented by the State Legal Advisor?

2. There is no official report yet on the actual legal basis for the High Court’s rulings on this point, so we can only rely on the press reports. It has been reported that:-

“Mohd Hafarizam had argued that the Speaker’s own lawyers could not represent him as he was considered “part of the government”, and therefore only the state legal adviser could act for the Speaker and State Assembly members.”

(Speaker restrained from convening ‘State Assembly meetings’; The Star, Wednesday, March 4, 2009)
http://thestar.com.my/news/story.asp?file=/2009/3/4/nation/3399999&sec=nation

“Datuk Hafarizam Harun, who is leading the lawyers representing the three independent state representatives who switched to support Barisan Nasional, said Sivakumar could use private lawyers only if he resigns.

“Then we can elect a new speaker from the Barisan Nasional,” Hafarizam said, reflecting Barisan Nasional’s strategy to oust the speaker.

He added that Sivakumar had no choice but to use the SLA even if he had no faith in that person. “The prime minister also has to use the Attorney-General. It is not a matter of choice.””

(High Court: Sivakumar must be represented by state legal adviser; The Malaysian Insider, Thursday, March 5, 2009)
http://www.themalaysianinsider.com/index.php/malaysia/19690-high-court-sivakumar-must-be-represented-b

3. Presumably, such a sweeping argument made by the lawyers representing the Perak Barisan Nasional was based on Section 24 of the GPA:- Continue reading ““Perak Speaker must be represented by State Legal Adviser” – Government Proceedings Act 1956 Irrelevant”

Posted on

Wow! MCA Minister and Deputy Minister publicly telling the “lame-duck” PM and UMNO President to buzz off!

It was only last October that the Prime Minister, Datuk Seri Abdullah Ahmad Badawi denied that “UMNO is big bully in Barisan Nasional” when he spoke at the MCA General Assembly.

This makes it all the more unusual the spectacle of a MCA Minister and Deputy Minister publicly tell the “lameduck” Prime Minister and UMNO President to “buzz off” as evident from the following news reports:

(1) New Sunday Times (8.3.09) – “PM: Resolve language issue before it gets out of hand” –

KUALA LUMPUR: The prime minister wants the Education Ministry to decide quickly whether Science and Mathematics should continue to be taught in English.

Datuk Seri Abdullah Ahmad Badawi said the contentious issue should be resolved before it got out of hand.

“This issue has become bigger and more sensitive. I hope the ministry will make a decision on the matter fast.

“If not, the issue will become even bigger and the pressure from non-governmental organisations will continue,” he said after launching a fantasy novel written by 13-year-old Adam Umemoto titled Dragonfire Hammer. Continue reading “Wow! MCA Minister and Deputy Minister publicly telling the “lame-duck” PM and UMNO President to buzz off!”

Posted on

Assault On Legislature, Constitution Dead

by Malik Imtiaz Sarwar

Discussing the Perak situation with specificity is, by this stage, a difficult thing to do. So much has happened so quickly. Nuanced actions and counter-actions, some of it in uncertain legal terrain, and relatively scarce details have made it precarious to consider certain key events – the legal action against the Speaker and its incidents, for instance – with the depth that only certainty would allow for.

Having said that, whatever the specifics may be and whoever may be right as to the validity or legality of certain aspects of the unfolding saga, when considered from a broader perspective and with reference to the fundamentals of democracy, I do not think that the situation in Perak is very complicated at all. As Tengku Razaleigh recently observed, a chain-reaction of illegality has left Perak possibly without a legitimate government and the Constitution a dead piece of paper.

I was too young to fully appreciate the terrible impact on democracy that the events of 1987 and 1988 had. Understanding came later, as I learnt to see what needed to be seen: the supremacy of the Constitution, the separation of powers and the check and balance it is aimed at, the independence of the judiciary and, correspondingly, the legislature. But even as my awareness of what had happened and how it had happened increased, I rather naively found myself thinking that it was unlikely that we would ever see anything of the likes again. Those events had simply been too heinous and the injuries inflicted on this nation too serious to ignore, even by those who had been responsible and those who would possibly follow in their footsteps.

Or so I thought. Continue reading “Assault On Legislature, Constitution Dead”

Posted on

Raintree Assembly commemoration – Perak political crisis has gone on long enough

It was a simple but symbolic and historic ceremony – the commemoration of a plaque of democracy at the site of the Raintree Perak State Assembly on 3rd March 2009 by the legitimate Perak Mentri Besar, Datuk Seri Nizar Jamaluddin, accompanied by Pakatan Rakyat Perak State Exco members, leaders as well as staunch defenders of democracy among the Perak public.

2008 gave the historic date of “308” while 2009 has given “303” as another historic date in the Malaysian battle for democracy.

The commemoration of the marble plaque beneath the “Democracy Tree” and the planting of five sapling raintrees today is doubly significant, falling on the anniversary of the political tsunami of the 12th general election last year – which completely changed the political landscape by bringing the graph of possibility of change within reach of all Malaysians.

But I have only one message which I made at the media conference after the ceremony – that the Perak political crisis had gone on long enough and should be ended without any more delay, so that Perakians and Malaysians can unite as one people to face the worst global economic crisis in 80 years.

The Perak constitutional crisis, which has produced two Mentris Besar, can be ended within 30 days if Barisan Nasional and Pakatan Rakyat leaders can agree to a common solution – to dissolve the Perak State Assembly and hold state-wide general election to let the Perak voters decide on the state government they want.

Pakatan Rakyat fully accepts the results of such a state election. Continue reading “Raintree Assembly commemoration – Perak political crisis has gone on long enough”

Posted on

Sombre curtain closers marking Abdullah’s abysmal failures in police reforms

The police used excessive and unnecessary force today, firing tear gas and water cannons, against peaceful protestors gathered to submit a memorandum to the Yang di Pertuan Agong at the Istana Negara opposing the use of English to teach science and mathematics from Standard One.

It is another example of the failure and futility of the blue-ribboned Royal Police Commission set up by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi when he first took office in 2003, and which came out with 125 recommendations to create an efficient, incorruptible, professional, world-class police service with three core functions to reduce crime, eradicate corruption and uphold human rights.

In Abdullah’s last hundred days as the fifth Prime Minister, illustrations galore are being given by the police highlighting the failure and futility of the Royal Police Commission, with a former Chief Justice, Tun Dzaiddin Abdullah in the chair and the country’s most famous and longest serving Inspector-General of Police, Tun Hanif Omar as deputy chairman.

These recent police outrages and scandals include: Continue reading “Sombre curtain closers marking Abdullah’s abysmal failures in police reforms”

Posted on

Pak Lah’s Legacy

By Tunku Aziz
Mysinchew.com

As the prime minister begins the process of winding down his stewardship of this country that he inherited from his now much despised predecessor, he would have been less than human if he did not reflect upon the highlights and the low points of his stewardship that in turn cheered and depressed him.

He must wonder why, after such a promising start, fate should have intervened to deal him such a cruel hand. The humiliation of being forced to get on the bicycle and ride off alone into the political sunset prematurely has been, he must admit, largely self-inflicted.

He must sometimes wonder why he was so incredibly naïve as to swallow the proverbial hook, line and sinker, the assurances and protestations of complete and undying loyalty so glibly and convincingly uttered by his closest associates.

I personally would not myself touch them with a long barge pole, but then I suppose I am of a suspicious nature.

When Abdullah Badawi took over the reigns of government, I was among those invited by the media to comment on what his legacy might be. We were swept and overwhelmed by the euphoria of the moment, the dawn of a blessed new era and the end of a morally degrading and debilitating regime. Continue reading “Pak Lah’s Legacy”

Posted on

How to judge the judge?

by N. H. Chan

In The Sun newspaper, March 4, 2009, I read on page 1 this alarming report:

“Ipoh High Court grants injunction sought by Datuk Dr Zambry Abdul Kadir and the six State Executive Councillors to stop speaker V. Sivakumar from convening any state assembly sitting.
Court also ruled that Sivakumar’s five lawyers have no legal standing to represent him in the case filed by Zambry to seek a declaration that Sivakumar’s decision to suspend him and his executive council was unconstitutional and unlawful.”

The arrogance of a novice judge

I must say I was taken aback by the astonishing ruling of the High Court judge. The full report is on page 6 of the newspaper. There I find that the judge was Mr Ridwan Ibrahim, a judicial commissioner. He ruled that the lawyers “engaged by Sivakumar had no locus standi to represent him in an application by Perak Mentri Besar Datuk Dr Zambry Abdul Kadir, who is seeking a declaration that Sivakumar’s decision to suspend him and his executive council was unconstitutional and unlawful”.

Sivakumar’s leading lawyer was Mr Tommy Thomas, and I quote from the newspaper of what he said: Continue reading “How to judge the judge?”

Posted on

People’s hope in the judiciary has been misplaced

by P Ramakrishnan
President
Aliran

Confronted by crisis in Perak, the people had reason to believe that the judiciary would be our last hope for justice to prevail. That hope is apparently misplaced. What a disappointment that proved to be!

It is difficult to believe or accept the decision of the Judicial Commissioner, Ridwan Ibrahim. To say the least, Malaysians are shocked into disbelief by his verdict. Technicalities were used to prevent a fair trial and counter arguments to help the judge to arrive at a sound decision. In this instance we are reminded of Aeschylus who said, “Wrong must not win by technicalities.” But that was what happened in the Ipoh High Court on 3 March 2009. It is a matter of grave disappointment to all of us.

To begin with, his decision to hear the case in chambers – not withstanding his discretionary powers – came as a complete surprise to the nation. Knowing that the entire country is very concerned with what is happening in Perak, the appropriate thing would have been to hear the case in open court as requested by senior lawyer, Tommy Thomas, representing the Speaker of the Perak Assembly. This fair request was denied.

What is at issue in this instance concerns every Malaysian and they have a right to know what persuasive arguments have been presented to support this case that has been brought to the Ipoh High Court by Zambry and others. We have a right to know what prevailed upon the Judicial Commissioner for his decision. Now, we will never know what transpired in the chambers. Continue reading “People’s hope in the judiciary has been misplaced”

Posted on

Razaleigh calls for fresh polls in Perak

Business Times, Singapore
06 Mar 2009

Razaleigh calls for fresh polls in Perak
He says this may be an elegant way out of the political impasse

By S JAYASANKARAN
IN KUALA LUMPUR

BARISAN Nasional lawmaker and former finance minister Tengku Razaleigh Hamzah has added his voice to a growing chorus of Malaysians demanding fresh elections in Perak state to resolve its month-long political impasse.

‘I think that constitutional rule in Perak has collapsed and the only way to rectify the situation is to go back to the people,’ Tengku Razaleigh told BT in an exclusive interview yesterday. ‘That would be the appropriate thing for the ruler to do.’

The reference is to Sultan Azlan Shah, the state’s monarch who, on Feb 2, rejected a request by Perak’s then chief minister Nizar Jamaluddin – of the Pakatan Rakyat (PR) opposition alliance – to dissolve the state’s assembly and pave the way for fresh polls.
Mr Nizar made the request after his government was toppled when three of his representatives defected to become independents supportive of the Barisan Nasional (BN). Continue reading “Razaleigh calls for fresh polls in Perak”

Posted on

Believe it or not!

‘Perak Speaker Can Only Be Represented By State Legal Adviser’
Bernama
March 05, 2009 18:58 PM

IPOH, March 5 (Bernama) — The High Court has ruled that Perak State Legislative Assembly Speaker V. Sivakumar can only be represented by the State Legal Adviser in the suits brought by 10 members of the assembly including Perak Menteri Besar Datuk Dr Zambry Abdul Kadir.

Zambry and the six State Executive Councillors — Datuk Ramly Zahari, Datuk Saarani Mohamad, Hamidah Osman, Zainol Fadzi Paharuddin, Mohd Zahir Abdul Khalid and Dr Mah Hang Soon — are seeking a declaration that the speaker’s decision in suspending and preventing them from attending the assembly’s sittings for 18 months (for Zambry) and 12 months (for the rest) null and void.

There independent lawmakers — Jamaluddin Md Radzi, Capt (R) Mohd Osman Jailu and Hee Yit — want the court to declare that their Behrang, Changkat Jering and Jelapang seats not vacant and that they are still legitimate people’s representatives.

Counsel Datuk Mohd Hafarizam Harun, a member of the team of lawyers representing all the plaintiffs, told reporters that Judicial Commissioner Ridwan Hashim accepted two points forwarded by his side to object the appointment of private lawyers to represent the Speaker.

First, he said, the Speaker is a public official and a branch of the government and his salary is paid through the state government’s Consolidated Fund.

Second, the preamble of the Perak Constitution explains that the executive body to the state assembly is an organ of the state government, he said. Continue reading “Believe it or not!”

Posted on

Nazri, who is the “small boy” in the PM’s Department?

by Martin Jalleh

Who is small the boy in the Prime Minister’s Department who treats and turns parliament into his personal playground where he proudly leaves a trail of his political pooh behind?

Who is the small boy who tries to act tough, talks big and throws his weight around and wants everybody to think that he is the PM and that he knows everything?

Who is the small boy who childishly threatens and taunts those who stand up to him, and refuse to tolerate his temper, tantrums and theatrics?

Who is the small boy who cannot take criticisms and goes into a fit or a foul frolic or flaunts his foolishness according to his whim and fancy?

Who is the small boy who said he would advise the Cabinet to replace the then ACA Investigations Director with whom he had a war of words with!

Who is the small boy who told Parliament that former Lord President Salleh Abas and other senior judges involved in the judicial crisis 20 years ago were not “sacked”?

Who is the small boy who shouted in parliament like some street bully “racist and “bloody racist” at DAP MP M Kula Segaran – 41 times in a space of five to 10 minutes? Continue reading “Nazri, who is the “small boy” in the PM’s Department?”

Posted on

MACC proving it is just UMNO catspaw when it clears Umno of money politics

Far from wanting to prove that it is another ICAC (Hong Kong’s intrepid and world-famous Independent Commission Against Corruption) as promised in Parliament in December, the newly-formed Malaysian Anti-Corruption Commission (MACC) seemed determined to establish that it is nothing but the catspaw of UMNO.

The latest evidence has again come from the MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan who said in Malacca that the MACC had completed its investigation on claims of money politics in Umno and found no cases so far.

Congratulations to the MACC Chief Commissioner for clearing UMNO of all allegations of the corruption of money politics – which must have even caught UMNO leaders, delegates and members by surprise that UMNO is so clean, pristine and pure!
Continue reading “MACC proving it is just UMNO catspaw when it clears Umno of money politics”

Posted on

Election Commission biased – if more proof is needed

Opposition slams 3-in-1 by-elections
Mar 4, 09 6:00pm
Malaysiakini

The decision to hold three separate by-elections on the same day showed the Election Commission was biased in favour of the government, charged veteran opposition leader Lim Kit Siang.

“If more proof is needed about the lack of independence on the part of the election body, this is one. There is no earthly reason for coinciding three by-elections,” Lim told AFP.

Lim said the opposition, which lacks funds and other resources, would be overstretched if it had to campaign for a constituency in Sarawak along with polls in Perak and Kedah – all slated to be held on April 7.

“Three by-elections on the same day makes it difficult for the opposition to campaign effectively. But it is convenient for the ruling Barisan Nasional which has the money, media and government machinery,” he said. Continue reading “Election Commission biased – if more proof is needed”

Posted on

Raintree Perak Assembly – Najib’s crisis of legitimacy as 6th PM

The historic “raintree Perak State Assembly” in Ipoh yesterday has captured the imagination of Malaysians longing for democracy and political change after the political tsunami in the 12th general election almost a year ago last March.

It has entered the folklore of the human struggle for democracy, freedom, justice and solidarity, not only in Perak and Malaysia, but of mankind itself.

This is why the “raintree Perak State Assembly” has had such en empowering, uplifting and even liberating effect on Malaysians, who have had enough of the sham and hypocrisy of Umno and Barisan Nasional leaders who had claimed that they had heard and understood, loud and clear, the message of the Malaysian electorate in the March 8, 2008 general election, that they would be leaders for all Malaysians and not just for any one race or group, even proclaiming the slogan of “Reform or Perish”! Continue reading “Raintree Perak Assembly – Najib’s crisis of legitimacy as 6th PM”

Posted on

The Parable Of The Rain Tree – A Personal Experience

By Goh Keat Peng

While some watch birds, I have always preferred trees myself. The best break I ever have always involves sitting where my eyes can behold the wonders of trees, unfailingly and truly a sight for my tired eyes, mind and heart.

Coming from Taiping, my favourite tree is the raintree, tall and sprawling. At the Taiping Lake Gardens, the branches of the raintree majestically bend down towards the water forming a manificent canopy of green archways over the road. You haven’t been to Taiping without cycling or driving under those archways, a singular sublime experience to cherish for a very long time.

Raintrees do last a long time. In Taiping, they were there long before I was born and no doubt will be there long after my time on this earth.

What better symbol therefore for the status of Perak democracy than the humble raintree!

Derogatory talk, therefore, of the extraordinary session of the Perak State Assembly convened on Tuesday 3 March 2009 at 10.20am under the raintree across the road from the Perak State Secretariat Building is completely misplaced, shortsighted and shallow. Continue reading “The Parable Of The Rain Tree – A Personal Experience”

Posted on

Reformasi reigns under a raintree

(MJ reporting from the site where history was created)

I have never felt so proud of being a son of Perak than today. It was a historic and unforgettable moment. It was a moment made up of heroic courage accompanied by an unending chorus of “Hidup Perak”. It was a moment which Perakians could hold their heads high and know that there is hope.

For once “Malaysia Boleh” meant something very significant to me. What took place happened in Bolehland! In the midst of the crowd there was a placard which read: “The Whole World is Watching”. Yes, the whole world saw how the people of Perak and their leaders refused to bow, bend and buckle under Najib’s nefarious tricks and Umno’s manipulative maneuverings.

The whole world saw how a brave bunch of State Assemblypersons refused to be bribed, bought over, bullied or budge and how they are ready to face the possible consequences of their bravery in standing up to the powers-that-be who brazenly and shamelessly robbed the people of their State Government.

Today, Mohd Nizar Jamaluddin was voted and confirmed unanimously in a motion of confidence the true and legitimate Menteri Besar of Perak by the Perak State Assembly. This took place in an “emergency sitting” held under a raintree and an open sky – in the approving and affirming presence of the people. Continue reading “Reformasi reigns under a raintree”

Posted on

Perak State Assembly under a rain-tree – history made today

History has just been made in Perak with the Perak State Assembly convened and held under a rain-tree.

Twenty-one years ago, the doctrine of separation of powers among the Executive, Judiciary and the Legislature suffered a grievous blow in the “Mother of Judicial Crisis” on 1988, from which Malaysia has not yet fully recovered.

Today, the doctrine of separation of powers has suffered another grievous blow with the powers and privileges of the legislature in Perak, attacked by the executive, both federal and state, which is also seeking to invoke unprecedented judicial interference with the legislature.

The Perak Speaker, V. Sivakumar, the legitimate Perak Mentri Besar, Datuk Seri Nizar Jamaluddin, the legitimate senior Exco Datuk Ngeh Koo Ham, and all the Pakatan Rakyat Assembly men and women have done Perak and Malaysia proud.

They have written a glorious chapter in the history of democracy in Perak and Malaysia. Continue reading “Perak State Assembly under a rain-tree – history made today”