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Anwar’s unsworn statement an indictment of Malaysia’s political, justice systems

by Ramli Zain
The Malaysian Insider
Aug 22, 2011

AUG 22 — By making an unsworn statement from the dock today in his sodomy trial, Datuk Seri Anwar Ibrahim has now put the whole country, its judiciary, the media and our entire justice system on trial.

More than that, he has given notice to politicians like Datuk Seri Najib Razak and other players in his prosecution that he intends to place them on trial as well.

Whether one agrees with this move or not, the message is clear.

Sodomy II is no longer about whether he is guilty of sodomising his aide — if it ever was in the first place — but will now be an attack against the political and justice system which he claims has conspired to put him in this position. Continue reading “Anwar’s unsworn statement an indictment of Malaysia’s political, justice systems”

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Anwar has the right to face his accusers and question them is an inalienable right in a court of law

By Dr Chen Man Hin, DAP life advisor

It is common knowledge that the accused person in a criminal case has the right to face his accusers and to question them in a court of law.

However laudable it is that Anwar Ibrahim has been given permission to face his accusers/witnesses in a court of law, it is disappointing that Anwar was not allowed to question the witnesses and must remain silent in court.

This is unusual and runs contrary to established practice, where the accused is permitted to confront his accusers/witnesses and to ask them questions.

In most countries, the law has a Confrontation Clause where in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him, and the defendant usually has a right to cross examine the witnesses.
Continue reading “Anwar has the right to face his accusers and question them is an inalienable right in a court of law”

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Mat Zain claims A-G interfered with forensic experts

By Shannon Teoh | August 11, 2011
The Malaysian Insider

KUALA LUMPUR, Aug 11 — Datuk Mat Zain Ibrahim has continued his attacks on Tan Sri Abdul Gani Patail, claiming today that the Attorney-General has caused the public to lose faith in government inquests and inquiries due to his alleged interference in testimony made by forensic experts.

The former city criminal investigation chief said today that Dr Abdul Rahman Yusof, the forensic expert in former deputy prime minister Datuk Seri Anwar Ibrahim’s black-eye probe that Mat Zain had headed, “was willing to prepare three false reports according to orders by Gani Patail.”

“We cannot blame the public if they have lost confidence in government pathology and forensic experts… ridiculing and abusing their opinions in the Teoh Beng Hock inquest and royal commission of inquiry (RCI) and also the inquest of Ahmad Sarbaini Mohamad,” he wrote in an open letter to the Inspector-General of Police.
Continue reading “Mat Zain claims A-G interfered with forensic experts”

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AG – why the alacrity to prosecute the PSM EO6 while total immobility to charge MACC officers for a pile of crimes and unlawful actions exposed by Royal Commission Inquiry into Teoh Beng Hock’s death?

The Attorney-General Tan Sri Gani Patail should explain why the alacrity with which he wants to prosecute the PSM EO6 in contrast with his total immobility to charge Malaysian Anti-Corruption Commission (MACC) officers for a pile of crimes and unlawful actions as exposed by the Royal Commission of Inquiry (RCI) into Teoh Beng Hock’s (TBH) death?

Yesterday, The PSP EO6 including the Sungai Siput Member of Parliament Dr. Michael Jeyakumar who were released last Friday from detention-without-trial Emergency Ordinance were charged in the Butterworth Sessions Court under the Internal Security Act and the Societies Act with possessing subversive documents and assisting an illegal organization.

However, there are no signs whatsoever that the Attorney-General is taking any action or shown any interest in the report of the James Foong Royal Commission of Inquiry into Teoh Beng Hock’s death, in particular in the shocking RCI revelations of the pile of crimes and unlawful actions committed by MACC officers in the MACC massive operation resulting in Beng Hock’s death.
Continue reading “AG – why the alacrity to prosecute the PSM EO6 while total immobility to charge MACC officers for a pile of crimes and unlawful actions exposed by Royal Commission Inquiry into Teoh Beng Hock’s death?”

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Mubarak pleads ‘not guilty’ at Cairo trial

Al Jazeera
03 Aug 2011

Former Egyptian president maintains innocence over charges that include corruption and unlawful killings of protesters.

Hosni Mubarak, Egypt’s ousted president, has denied charges of corruption and complicity in the killing of protesters at the start of his historic trial in Cairo.

At his first court appearance on Wednesday, Mubarak spoke from a hospital stretcher where he lay inside a cage for defendants.

“I categorically deny all the charges,” Mubarak said.

The proceedings, in a temporary court at the Police Academy in Cairo, was shown live on state television. Continue reading “Mubarak pleads ‘not guilty’ at Cairo trial”

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The EO 6 freed – but are they free?

By P Ramakrishnan, Aliran’s President | 2 August 2011

Considering the fact that all these six citizens were accused of very serious offences in the first instance and subsequently cleared, this news that they will be charged tomorrow is disturbing to Malaysians.

The police initially accused them of treason, which if proven would make them traitors to the country. This is a terrible accusation. One would think that without solid proof this accusation would not be levelled against them.

Mysteriously, this accusation simply disappeared into thin air. Next they were accused of posing a threat to public order. This, again, is a serious offence. Malaysians were anxiously waiting to be convinced in what ways these six were a threat to public order. Strangely, nothing was produced to support the police claim.
Continue reading “The EO 6 freed – but are they free?”

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Dead Bersih marcher’s kin demand inquest

By Syed Mu’az Syed Putra | August 01, 2011
The Malaysian Insider

KUALA LUMPUR, Aug 1 — The family of ex-soldier Baharuddin Ahmad, the sole Bersih 2.0 marcher who died on July 9, filed a notice at the High Court here today demanding an inquest to investigate the circumstances leading to his death.

At a press conference later, Baharuddin’s widow Rosni Melan said the notice was filed as the police had refused to initiate special investigation proceedings to probe her husband’s death, despite the seven-day deadline she had issued last month. The deadline expired on July 26.

“Today, I directed my lawyer to file the notice demanding an inquest to investigate my husband’s death as soon as possible.

“My purpose is sincere. I accept God’s will but my family and I need to know how he died… who and which party was responsible and to what extent is that responsibility,” she said.
Continue reading “Dead Bersih marcher’s kin demand inquest”

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RCI report: Gobind throws Gani a challenge

By G Vinod | July 27, 2011
Free Malaysia Today

KUALA LUMPUR: DAP national legal bureau chairman Gobind Singh Deo wants Attorney- General Abdul Gani Patail to explain why the three MACC officers found responsible for the death of Teoh Beng Hock cannot be charged under the Penal Code.

“If you can’t find anything under the Penal Code to charge them with, come debate with me and I will tell you how,” said Gobind.

Gobind said under the Federal Constitution, only the Attorney-General’s office has the power to prosecute anyone in a court for a criminal offence.

He was speaking at a forum attended by about 500 people at the Kuala Lumpur Selangor Chinese Assembly Hall here yesterday.
Continue reading “RCI report: Gobind throws Gani a challenge”

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RCI + inquest = ‘big, big mess’

By Teoh El Sen | July 28, 2011
Free Malaysia Today

PETALING JAYA: The Royal Commission of Inquiry (RCI) into Teoh Beng Hock’s death, which released its findings in a report last Thursday, has created a “big legal mess” by generating more questions than answers, said prominent human rights lawyer Malik Imtiaz Sarwar.

Malik, who represented the Selangor government during the inquest and RCI, said rather than serving its original function to bring a closure to the issue, there are now different conclusions by the RCI and inquest.

“What has resulted is a big, big, mess. We have now a coroner’s decision and a RCI’s, which are saying different things. In law, the coroner’s findings is the determinative one,” the National Human Rights Society president told FMT.
Continue reading “RCI + inquest = ‘big, big mess’”

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AG must go if MACC trio not charged, says DAP

By Shazwan Mustafa Kamal | July 27, 2011
The Malaysian Insider

KUALA LUMPUR, July 27 — DAP has given Tan Sri Abdul Gani Patail an ultimatum: Either prosecute the three Malaysian Anti-Corruption Commission (MACC) officers linked with Teoh Beng Hock’s death or resign as Attorney-General.

MACC announced on Saturday the temporary suspension of the three officers named in the Royal Commission of Inquiry (RCI) report — former Selangor MACC deputy director Hishammuddin Hashim and enforcement officers Arman Alies and Mohd Ashraf Mohd Yunus — pending the outcome of an internal probe.

The commission also said yesterday that it will only probe the three officers, and has remained silent on extending investigations to other officers in connection to this case.
Continue reading “AG must go if MACC trio not charged, says DAP”

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Mat Zain says MACC officers can be charged for Teoh’s suicide

By Shannon Teoh | July 26, 2011
The Malaysian Insider

KUALA LUMPUR, July 26 — A former senior police officer said today that three Malaysian Anti-Corruption Commission (MACC) officers should be charged for abetting Teoh Beng Hock’s suicide following the release of the royal commission of inquiry’s (RCI) findings.

Datuk Mat Zain Ibrahim told the Inspector General of Police in an open letter that then deputy director for Selangor Hishammuddin Hashim, officers Arman Alies and Mohd Ashraf Mohd Yunus were culpable in the interrogation of Teoh.

The former Kuala Lumpur CID chief noted the RCI said the three men had left the former DAP aide “almost a mental and physical wreck.”
Continue reading “Mat Zain says MACC officers can be charged for Teoh’s suicide”

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UiTM lecturer: MACC officers should be brought to court

Bernama | Jul 24, 11
Malaysiakini

Universiti Teknologi Mara (UiTM) law lecturer Assoc Prof Abd Halim Sidek said an investigation should be carried out on the allegation by the Bar Council that Teoh Beng Hock died due to the negligence of MACC officers named in the RCI report.

“If Teoh was driven to suicide as a result of the MACC officers’ action then they must be brought to court,” he said.

“I think the Bar Council president’s statement was premature and he jumped the gun. They must be patient and wait for the investigation,” he added.

Meanwhile a member of the Malaysian Anti-Corruption Commission (MACC) Consultation and Prevention of Corruption Panel, Syed Akhbar Ali, said the non-acceptance of the RCI conclusions by some could also be construed as disrespect for the laws of the country.
Continue reading “UiTM lecturer: MACC officers should be brought to court”

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Cartoons, yellow tees, now ties – what’s next?

Malaysiakini Your Say | Jul 15, 11

‘When are they going to learn that Bersih, when it’s in the rakyat’s hearts, cannot be removed from the rakyat by banning yellow ties and T-shirts?’

Police to tighten noose against Bersih neckties, too

DannyLoHH: Is there a way to file a class suit against the police and the home minister for their unconstitutional and unlawful outlawing of all things Bersih?

Wearing a Bersih shirt or shirt with the word ‘Bersih’, or even just the Bersih logo should not be illegal as we are a democratic country. Wearing a Bersih shirt does not mean we are a member of the ‘outlaw organisation’ nor does it necessarily mean we’re providing (material) support the organisation.
Continue reading “Cartoons, yellow tees, now ties – what’s next?”

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Mat Zain wants Altantuya accused retried

By Debra Chong
July 12, 2011 | The Malaysian Insider

KUALA LUMPUR, July 12 — Datuk Mat Zain Ibrahim urged today Prime Minister Datuk Seri Najib Razak to step in and relook the Attorney-General’s (A-G) prosecution of two policemen now on death row for the murder of Mongolian model Altantuya Shaariibuu.

The retired cop accused the A-G of mishandling the case, which reflects a miscarriage of justice as the motive for murder was never found. Continue reading “Mat Zain wants Altantuya accused retried”

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Councillors in the dock: Another one for the books

Malaysiakini Vox Populi | Jul 7, 11

‘Malaysia will enter the Guiness Book of Records as a Third World country for disallowing the wearing of yellow.’

Yellow tees: 11 councillors to be charged tomorrow

Ong Guan Sin: The case will surely collapse as there is no basis of circumstances and law to support the ‘illegal’ declaration against Bersih 2.0 T-shirts. It is a total waste of public resources to pursue the case.

As a 1Malaysia government so fond of setting itself key performance indicators (KPI), this waste of public resources should be factored into its KPIs – the rakyat will judge you accordingly. In fact, the public resources are abused in this case to just inconvenience and burden the good people of Bersih and its supporters.
Continue reading “Councillors in the dock: Another one for the books”

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When will Hishammuddin or IGP announce that it is unlawful and a police arrestable offence for anyone to wear or sport yellow until July 9?

Just four days ago in Ipoh on Saturday, I had called on the Home Minister Datuk Seri Hishammuddin Hussein to “stop the madness where a person can be detained by the police for wearing the Bersih 2.0 T-shirt, as if he/she is more dangerous than Osama bin Laden”.

Clearly, I had directed my call at the wrong person as Hishammuddin is now at the heart of the “madness” with his announcement this morning that Bersih 2.0 T-shirts are illegal and that it is a police arrestable offence to wear them.

The question Malaysians must pose is whether Prime Minister Datuk Seri Najib Razak’s “Government Transformation Programme” has reached a stage where Ministers can unilaterally make laws like Hishammuddin declaring Bersih 2.0 T-shirts are illegal to justify police arrests and seizures?

Hishammuddin did not mention under what law the Bersih 2.0 T-shirts could be considered illegal and unlawful. The reason is simple – there is no such law, unless Malaysia’s democratic governance has degenerated to a stage where a Minister could unilaterally declare a law “on the run” as the Home Minister has done this morning.

The question is whether the Malaysian judiciary has degenerated to a new low where it would uphold the such Ministerial abuses of power in arbitrarily and unilaterally making a law “on the run” without parliamentary sanction. Continue reading “When will Hishammuddin or IGP announce that it is unlawful and a police arrestable offence for anyone to wear or sport yellow until July 9?”

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Najib GTP in past two years a depressing failure

I posed a supplementary query in Parliament to Question No. 5 to the Minister in the Prime Minister’s Department, Senator Tan Sri Dr. Koh Tsu Koon who had boasted about the great success and achievements of Prime Minister Datuk Seri Najib Razak’s Government Transformation Programme to date.

Puncturing his balloon, I pointed out that the purpose of Najib’s GTP is to restore national and international confidence in the efficiency, independence, integrity and professionalism of key national institutions but the reality in the past two years had been the very opposite – with even greater plunge of public and international confidence in the efficiency, independence, integrity and professionalism of key national institutions like the police, judiciary, elections commission and the anti-corruption commission, the MACC.
Continue reading “Najib GTP in past two years a depressing failure”

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Mat Zain: Bala’s SD might save cops on death row

Malaysiakini
Jun 27, 11

Former Kuala Lumpur CID chief Mat Zain Ibrahim has urged Inspector-General of Police Ismail Omar to intervene in the decision of the Attorney-General’s (AG’s) Chambers not to charge private investigator P Balasubramaniam with falsifying a statutory declarations (SDs).

In an open letter to Ismail, Mat Zain said the contents of Balasubramaniam’s statutory declarations, if tested in court, may influence the outcome of the Altantuya Shaariibuu murder case.

Two young police personnel, Azilah Hadri, 33, and Sirul Azha Umar, 36, were both sentenced to death for Altantuya’s murder.

However, political and defence analyst Abdul Razak Baginda was acquitted of abetment without his defence being called. Prosecutors did not appeal the decision.

“If the judge had mistakenly freed Abdul Razak, that is inconsequential. Maybe that is his luck. But we cannot allow the judge to mistakenly sentence Azilah and Sirul to death. Continue reading “Mat Zain: Bala’s SD might save cops on death row”

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Gani Patail playing judge in Altantuya case, says Mat Zain

By Shannon Teoh | June 27, 2011
The Malaysian Insider

KUALA LUMPUR, June 27 — A retired senior policeman has accused Tan Sri Abdul Gani Patail of superceding the courts by dismissing private investigator P. Balasubramaniam’s statutory declarations (SD) regarding the murder of Altantuya Shariibuu.

Datuk Mat Zain Ibrahim said in an open letter to Inspector-General of Police Tan Sri Ismail Omar today that the Attorney-General was trying to ensure that the Mongolian’s murder case is not reopened.

The Shah Alam High Court ended a 159-day trial in April 2009, meting out death sentences to two police officers who are now appealing the judgment.
Continue reading “Gani Patail playing judge in Altantuya case, says Mat Zain”

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Something rotten at the Duta courts

by Hafiz Yatim
Malaysiakini
Jun 25, 11

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

Can yesterday’s conviction of the infamous ‘Datuk T’ trio be said a travesty of justice deserving the local version that goes “something is rotten in Duta courts” resulting in possibly another charge looming over Opposition Leader Anwar Ibrahim? Continue reading “Something rotten at the Duta courts”