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Budget 2011 : Hishammuddin should answer to serious allegations in Mat Zain’s open letter

2011 Budget not a child of New Economic Model but bears all the marks of old discredited Mahathirish policies (Part 5 of 5)

Ex-top cop Mat Zain’s Open Letter is testimony that criminal justice system had further deteriorated after 2005 Dzaiddin Police Royal Commission report

Recently, both the Prime Minister, Datuk Seri Najib Razak and Home Minister Datuk Seri Hishammuddin Hussein had made great play about the successful NKRA on crime reduction, claiming that there have been a drastic drop in the crime rate particularly in street crime with improvement of the crime index since January this year.

However, up and down the country, ordinary Malaysians do not feel this dividend of fall of crime index in their daily lives as they do not feel comparatively safer in the streets, public places or privacy of their homes as compared to previous years.

In fact, the continued mushrooming of gated and guarded communities in the country is most eloquent proof of the failure of the police force in the country to discharge its most basic duty, to ensure that Malaysians, visitors, tourists and investors enjoy the two fundamental rights to be free from crime and the fear of crime.
Continue reading “Budget 2011 : Hishammuddin should answer to serious allegations in Mat Zain’s open letter”

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Can Najib guarantee safety of ex-RMAF sergeant Thamendran while awaiting trial of theft of two jet-fighter engines?

It is another international infamy for Malaysia that former RMAF sergeant N. Tharmendran, 42, feels comparatively safer in Sungai Buloh prison while he awaits trial for the theft of two jet-fighter engines than to be out of jail.

It was only 11 days ago he was freed when he and his family successfully waged a six-month battle to reduce his RM150,000 bail to RM50,000.

It is a terrible indictment on the system of governance in Malaysia that a person should feel safer in prison custody than to be out as a free man, for fear of being abducted and tortured again by military intelligence officers, as Tharmendran had alleged that he had been previously detained and tortured by military intelligence for three weeks and the “favourite torture” was to make him wear a crash helmet where he was repeatedly hit as hard as possible.

Thamendran’s personal safety and welfare while he awaits trial for theft of two jet-fighter engines has again put national and international focus on “institutional degradation” which the New Economic Model had identified as one of the causes of Malaysia’s economic stagnation and “declining growth trajectory”.
Continue reading “Can Najib guarantee safety of ex-RMAF sergeant Thamendran while awaiting trial of theft of two jet-fighter engines?”

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MCs by 1Malaysia clinics – illegal?

By Dr Anony

I refer to the reply given by Dr Nooraini Baba (NST, March 30th, 2010) in which she claimed that Assistant Medical Officers (AMO) can issue Medical Certificates.

She had then explained that the MCs issued by AMOs are not illegal, but just that they are invalid for the purpose of workers absenting themselves from work without pay under Section 60F of the Employment Act. In her reply, Dr Nooraini had quoted from the MEDICAL ACT 1971 (Act 50).

I would like to point out that there is NO provision under any Act of Parliament for the Medical Assistants who man the 1Malaysia clinics, to be referred to as “Assistant Medical Officers.” Instead, the
Medical Assistants are governed under the MEDICAL ASSISTANTS (REGISTRATION) ACT 1977 (Act 180), and they are thus properly referred to as Medical Assistants, and NOT as “Assistant Medical Officers.”

Continue reading “MCs by 1Malaysia clinics – illegal?”

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Abdul Gani’s decision not to press charges against Al-Islam reporters without extracting public apology indefensible and dangerous precedent inimical to 1Malaysia concept

The decision of the Attorney-General Tan Sri Abdul Gani Patail not to press charges against the two Al-Islam journalists who desecrated a sacred Catholic ritual without extracting a public apology is indefensible and a dangerous precedent inimical to the 1Malaysia concept of the Prime Minister, Datuk Seri Najib Razak.

I can understand the disappointment of Kuala Lumpur Archbishop Tan Sri Murphy Pakiam over Gani’s decision to drop the case against Al-Islam reporters without any public apology.

Gani said the desecration of the communion wafer by the two Al-Islam reporters at the St. Anthony’s Church in Jalan Robertson near Puduraya, Kuala Lumpur last May was “an act of ignorance, not malice” and that they might have hurt people’s feelings but he was satisfied that they did not intend to offend anyone.

The Attorney-General would not be able to convince the community hurt by the act of desecration with such a lame excuse – what more, without any apology from the perpetrators to show remorse for the religious desecration which must be regarded as an act of heinous insensitivity completely unacceptable in Najib’s 1Malaysia.

Gani said: “In view of the circumstances at that particular time, and in the interests of justice, peace and harmony, I decided not to press charges against them.

He said he had made similar decisions in previous cases involving other religions.
Continue reading “Abdul Gani’s decision not to press charges against Al-Islam reporters without extracting public apology indefensible and dangerous precedent inimical to 1Malaysia concept”

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Towards A Developed Malaysia – Part 1

By M. Bakri Musa

[Presented at the Third Annual Alif Ba Ta Forum, “1Malaysia Towards Vision 2020,” Rochester Institute of Technology, NY, December 5, 2009, organized by Kelab UMNO NY-NJ. The presentation can be viewed at www.youtube.com (search under “Bakri Musa RIT”) or through this link]

Part One of Six: Definition of A Developed State

Thank you, President Shahrir Tamrin of Kelab UMNO-NY/NJ for inviting me again. I still savor the many pleasant memories of last year’s event. To President Arif Aiman of the Malaysian Students Association, RIT, your warm welcome and generous introduction more than made up for the chill of a New York autumn! To Nur Fauzana and her committee, I congratulate you for your grit in holding this forum in December when American campuses are typically gripped with term paper deadlines and final examinations.

To fellow panelist Dr. Azly Rahman, it is good to see you again! I was in Greece recently and imagined you conducting a Socratic-like seminar on the meaning of truth, wisdom, and knowledge, under those imposing columns! To Ambassador Jarjis, it is a pleasure meeting you and your wife again. That was an impressive picture of you with President Obama, a portrait of a Malay hulubalang (knight), fearsome yet elegant, with his tanjak (keris) discreetly tucked underneath the samping. You effectively demonstrated that a genuine hulubalang need not brandish his keris to convey his message!
Continue reading “Towards A Developed Malaysia – Part 1”

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More important for Najib to convene all-party all-religion RTC to demonstrate Malaysian unity and condemnation of religious intolerance giving real meaning to 1Malaysia than to officiate launching of hollow-sounding GTP

The desecration of two mosques in Petaling Jaya, the Masjid Jumhuriyah in Taman Dato Harun and the Al- Imam Tirmizi mosque at Taman Sri Sentosa this morning, must be condemned in no uncertain terms – no ifs and buts – by all Malaysians, regardless of race, religion or political affiliation.

Again, for the past four weeks since the beginning of the year, Malaysia is hogging the international limelight for all the wrong reasons – the 16th and 17th cases of desecration of places of worship involving arson attempts and acts of vandalism which now involve 11 churches, a Sikh gurdwara, three mosques and two surau.

This has aggravated Malaysia’s crisis of confidence to attract foreign investors, tourists and students, undermining Malaysia’s international competitiveness and tarnishing Malaysia as a safe and secure haven for FDIs and as an ideal location for tourists and students.

Clearly there are irresponsible people out to cause mischief and create inter-religious strife arising from the Dec. 31 judgment of the Kuala Lumpur High Court judge Datuk Lau Bee Lan lifting the 2007 Home Ministry ban on the Catholic Church weekly Herald and allowing the use of the word “Allah” in its Bahasa Malaysia version, and it is most unfortunate that the lack of firm commitment by the Home Minister, Datuk Seri Hishamuddin Hussein to uphold the rule of law had sent out the wrong message to these mischief makers.
Continue reading “More important for Najib to convene all-party all-religion RTC to demonstrate Malaysian unity and condemnation of religious intolerance giving real meaning to 1Malaysia than to officiate launching of hollow-sounding GTP”

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Najib should set a two-week deadline to resolve the “Allah” controversy to salvage his 1Malaysia slogan and to defuse the latest factor driving away Malaysian talents and FDIs

The Prime Minister Datuk Seri Najib Razak should set a two-week deadline to resolve the “Allah” controversy to salvage his 1Malaysia slogan and to defuse the latest factor driving away Malaysian talents and FDIs.

The Police are to be commended for their quick arrests in connection with four arson attacks on churches and suraus and Malaysians hope that the police can expeditiously resolve all the 15 cases of arson and vandalism against places of worship in the first three weeks of the year since the Kuala Lumpur High Court judgment on the “Allah” controversy on Dec. 31 last year.

Right from the beginning, this controversy had been mishandled by the authorities, in particular the political leadership, who have failed to fully realize the negative impact and far-reaching consequences of the issue to the country.

The Home Minister, Datuk Seri Hishammuddin Hussein, for instance, should stop play politics on the issue and not allow his political role as Umno leader to wrongly influence his professional judgment and other aspects of his duties as Home Minister.

For instance, Hishammuddin said in Kuala Terengganu on Friday that the arson attacks on churches and suraus in the country could be attempts to undermine the 1Malaysia vision.
Continue reading “Najib should set a two-week deadline to resolve the “Allah” controversy to salvage his 1Malaysia slogan and to defuse the latest factor driving away Malaysian talents and FDIs”

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Hishammuddin is too truculent and controversial an Umno leader to be a good and professional Home Minister to inspire confidence of all Malaysians that he will not use his ministerial powers for party political ends

“KDN akan ambil tindakan ke atas Anwar – Jika sengaja guna isu agama perkauman berhubung insiden serangan gereja” is the Utusan Malaysia headline today, whose real casualty is public confidence in Datuk Seri Hishammuddin Hussein as a good and effective Home Minister who could resolve the crisis caused by attacks on places of worship and church arson tarnishing Malaysia’s international reputation as an international example of inter-religious harmony, peace and goodwill.

Hishammuddin is too truculent and controversial an Umno leader to be a good and professional Home Minister to inspire confidence of all Malaysians that he will not use his ministerial powers for party political ends.

Why is Hishammuddin talking about action against Anwar when he has not been able to take any action in the past five days against anyone for the spate of attacks on places of worship, whether church, surau or Sikh temple which have placed at risk billions of ringgit which might otherwise benefit Malaysia in the form of foreign investment, tourism and educational opportunities?
Continue reading “Hishammuddin is too truculent and controversial an Umno leader to be a good and professional Home Minister to inspire confidence of all Malaysians that he will not use his ministerial powers for party political ends”

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Have no fear, Christians will not retaliate

COMMENT
By Thomas Lee

Following the cowardly, contemptuous and condemnable attacks on several churches in the Klang Valley by some obviously fanatically and foolhardy persons, Police Tan Sri Musa Hasan has ordered all state police chiefs to organise patrols to monitor mosques and churches as “we do not want any untoward incidents happening at the mosques or churches.”

It is certainly commendable of the IGP to order the beefing-up of security around the places of worship in view of the perceived and real threats of such detestable and destablising by persons of deranged and destructive character and conduct.

However, I can say behalf of my fellow Christian believers that none of us will take any violent revenge or retaliatory action on people who abuse or prosecute us unreasonably without any just and fair causes.
Continue reading “Have no fear, Christians will not retaliate”

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In just 9 months, Najib’s 1Malaysia slogan facing most critical test – all top political party leaders must condemn the spate of church attacks in the wake of the “Allah controversy” and ensure no further escalation

What many Malaysians had feared would happen and which the Prime Minister and Home Minister had discounted with their far-from-responsible stances – the exploitation of the “Allah” controversy by irresponsible and extremist elements – have unfortunately come to pass.

All top political party leaders should take a common stand to condemn in the strongest possible terms the spate of church attacks in the wake of the “Allah” controversy and ensure that there is no further escalation.

As Prime Minister, Datuk Seri Najib Razak should immediately impress on the Home Minister Datuk Seri Hishammuddin Hussein to take all urgent and necessary measures to protect the good name of the country or be held responsible for any undesirable consequences.

In just nine months, Najib’s 1Malaysia slogan is facing its most critical test as its very credibility is at stake.

Malaysia also cannot afford further adverse international publicity over the “Allah” controversy, which would only aggravate Malaysia’s declining international competitiveness if there is escalation of deplorable incidents by irresponsible and extremist elements like the spate of church attacks.

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Why Hishammuddin continue to condone Utusan Malaysia’s utter contempt of the truth, rules and ethics of journalism, and the law in purveying unadulterated venom, poison and sedition in falsely alleging that DAP wants to create a Malaysian republic?

The homily by the Home Minister, Datuk Seri Hishammuddin Hussein on what constitutes good journalism and what differentiates local journalists and “some bloggers” is mind-boggling to say the least.

Hishammudin said some bloggers, unlike local journalists, do not adhere to the rules and ethics of journalism in their bid to garner popularity.

“The local journalists adhered to ethics but these bloggers did not, and this was what differentiated the journalists from these bloggers.”

Speaking at the presentation of the 2009 ExxonMobil Journalism Awards in Kuala Terengganu last night, Hishammuddin said journalists in the country would have nothing to fear so long as their reports adhered to the ethics of journalism, adding that they would be accepted by the people.
Continue reading “Why Hishammuddin continue to condone Utusan Malaysia’s utter contempt of the truth, rules and ethics of journalism, and the law in purveying unadulterated venom, poison and sedition in falsely alleging that DAP wants to create a Malaysian republic?”

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Najib will have to explain in Parliament next month why Hishammuddin is not prosecuted for sedition if Malaysiakini is charged for cowhead protest video clips

I am giving notice that the Prime Minister, Datuk Seri Najib Razak will have to explain in Parliament next month why the Home Minister, Datuk Seri Hishammuddin Hussein is not charged for incitement and sedition in initially defending and justifying the cow-head protest in Shah Alam section 23 three days before National Day, committing the crime of ultimate religious insensitivity and sacrilege, if Malaysiakini is charged for showing the cowhead protest video clips.

The Malaysiakini video clips of the cowhead protests is highly offensive, not because of the news portal but because of the action of the irresponsible people who showed utter contempt for the sensitivities and sensibilities in a plural society as well as a top Cabinet Minister who could be guilty of such offensive conduct as to defend and justify such protest.

The cowhead protestors should be prosecuted. Even the Home Minister should be prosecuted. But it would not enter into any sensible, rational and reasonable person’s mind that Malaysiakini should be prosecuted – except those who have an axe to grind in wanting to penalize the news portal for the audacity of reporting the truth!
Continue reading “Najib will have to explain in Parliament next month why Hishammuddin is not prosecuted for sedition if Malaysiakini is charged for cowhead protest video clips”

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Cow-head protest sacrilege – Hishammuddin just does not get it

Home Minister Datuk Seri Hishammuddin Hussein protests too much. He said he has evidence that the cow-head protesters involved both members of the Barisan Nasional (BN) and the Pakatan Rakyat (PR) parties of PKR and PAS.

Hishammuddin just does not get it – that he is accused of double police standards illustrated by the instant police arrest of 16 persons for peaceful candlelight protest at Dataran Merdeka in Kuala Lumpur on Saturday night while cow-head protestors are still scot-free 10 days after the Shah Alam sacrilege.

Hishammuddin’s latest claim that the cow-head protestors come from both Barisan Nasional and Pakatan Rakyat parties, which is not proven, does not answer the charge that the Home Minister and the Police had failed their most elementary duty of being independent, impartial and professional in discharge policing duties which is not influenced by any personal, party or political bias.

Why is the Police still tip-toeing over the cow-head protest in Shah Alam on August 28, which not only put Malaysia in the dock of world opinion with adverse international media reports scaring off intending investors with the spectre that Malaysia is on the verge of greater racial and religious polarisation and intolerance, but spoilt the national mood for the 52nd National Day celebrations three days later.

Is this because of Hishammuddin’s earlier defence and justification for the cow-head protestors?
Continue reading “Cow-head protest sacrilege – Hishammuddin just does not get it”

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Hishammuddin’s defence and justification of cowhead demonstration equivalent to his insensitivity in wielding the keris at Umno Youth General Assembly

Utterly incredible!

Datuk Seri Hishamuddin Hussein as Home Minister has done the equivalent of wielding the keris at the Umno Youth General Assembly for three consecutive years as Umno Youth leader which had been accepted by Barisan Nasional leaders as a major factor in the political tsunami of the March 8 general election last year!

It would appear that Hishammuddin is determined to make another unforgettable contribution which would ensure that the uncompleted political changes in the political tsunami of the March 8 general last year could be fully accomplished in the next general elections.

Yesterday, Hishammuddin usurped the roles of the Attorney-General and the police to defend and justify last Friday’s cow-head demonstration in Shah Alam, totally insensitive to the insult and profanity of such an act of sacrilege to Hindus in the country.
Continue reading “Hishammuddin’s defence and justification of cowhead demonstration equivalent to his insensitivity in wielding the keris at Umno Youth General Assembly”

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The Court of Appeal’s “outline of reasons” in Anwar Ibrahim v P P – a critique

By NH Chan

I must apologize for the delay in giving this critique. The Court of Appeal gave its decision on July 1. I received the “outline of reasons” from Ngan Siong Hing only last Friday, 17 July 2009. Without him supplying me with a copy of the judgment of the Court of Appeal I would not be able to write this critique. Also as I do not have access to a law library I depend a lot on his generosity to get the legal material that I need to write my essays for ordinary people to understand what the judges are talking about. This is to enable the common people of this country to judge the judges for themselves.

The whole case can be understood just by readings 418A(l) and (2) and s376(l) and (2) of the Criminal Procedure Code.

Power corrupts

David Pannick in his book Judges, OUP, 1987, wrote, p 76:

In all societies throughout history, judges have occasionally been adversely affected by their power. An early example occurs in the biblical story of Daniel and Susanna. Two elders of the community were appointed to serve as judges. They saw Susanna walking in her husband’s garden ‘and they were obsessed with lust for her’. When she resisted their advances they falsely accused her of infidelity to her husband. ‘As they were elders of the people and judges, the assembly believed them and condemned her to death.’ A young man named Daniel protested that an enquiry should be made into the judges’ allegations. He accused them of giving ‘unjust decisions, condemning the innocent and acquitting the guilty’. Under his careful cross-examination, the judges were proved to be liars: Daniel and Susanna in The Apocrypha.

The English Bench has had its fair share of bad judges. . . .In the seventeenth century, the Bench ‘was cursed by a succession of ruffians in ermine [most notably Jeffreys and Scroggs (Sir William)], who, for the sake of court [royal] favour, violated the principles of law, the precepts of religion, and the dictates of humanity’: John Lord Campbell, Lives of the Lord Chancellors (5th edn, 1868), vol 4, p 416.

The misuse of power from whatever quarter it may come

In The Family Story, Butterworths, 1981, Lord Denning said, p 179:
Continue reading “The Court of Appeal’s “outline of reasons” in Anwar Ibrahim v P P – a critique”

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Did Kit Siang and Karpal commit sedition?

By NHChan

Prelude – please read it before reading the article

I write this article so as to apprise the people who, in the mind of the general public, have taken the law into their own hands through the harassment of law abiding citizens of this country with the threat of using the Sedition Act 1948 on them. They should not have done it without first taking expert legal advice on the technical and difficult law of sedition under the Act.

After you have read this article, I am sure you will agree with me that the law of sedition is not easy for a layman to understand. Even lawyers and judges have found great difficulty in understanding it – let alone an uninitiated policeman. If the police are not careful, one of these days they will find themselves at the receiving end of a suit for malicious prosecution, false arrest or whatever the victims of their harassment would throw at them.

I hope you will bear with me if this time I am not able to explain difficult law in simple language as much as I would like to. It is at a time like this that I really appreciate the great ability of the late Lord Denning who was so adept at explaining difficult law to us ordinary folk. Continue reading “Did Kit Siang and Karpal commit sedition?”

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Has Malaysia lost the battle to become a developed nation and entered the cycle to become a failed state?

The collapse of the roof of the RM300 million 50,000-capacity Sultan Mizan Zainal Abidin Stadium in Gong Badak within a year of completion provoked disbelief, shock and outrage with a whole spectrum of unflattering comments and reactions.

One reaction is that the shocking collapse of the RM300 million stadium within a year of completion is a disaster waiting to happen. An engineer, A. Mohamed who often jogged in the area, has told the media that he had noticed that the space frame which held the roof was getting bent out of shape but his efforts to warn government agencies and the media of the stadium defects were ignored.

Another is that the collapse is the inevitable consequence of a system which gives premium to “know who” than “know how”, the curse of Umno cronyism hiding under the guise of New Economic Policy. Will the Umno cronies responsible for the infamous collapse of the RM300 million stadium roof within a year of completion be exposed and fully penalized?

I was told this morning that the collapse of the Gong Badak Stadium symbolizes the collapse of the “1Malaysia” slogan of Datuk Seri Najib Razak marking his second month as the sixth Prime Minister of Malaysia.
Continue reading “Has Malaysia lost the battle to become a developed nation and entered the cycle to become a failed state?”

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Najib’s 1 Malaysia has morphed to 1 Police State

By Dr. Chen Man Hin

The sudden police raid of party headquarters without a search warrant means that the police does not care about ‘rule of law’ in a civilised society.

Barging into the party premises and snatching a ‘server’, brazenly ignoring the objections of party personnel is tantamount to the behaviour of police in communist and totalitarian states like Nazi Germany and Communist Russia.

The police in Malaysia has changed its character.from a guardian of the people, to become a secret police.

Malaysia’s own secret police behaviour is no different from the behaviour of the Gestapo, the Kempetai of Japan. We are living in a police state.

DEFINITION OF A POLICE STATE.
The term police state describes a state in which the government exercises rigid and repressive control over the social, economic and political life of the population. A police state typically exhibits elements of totalitarianism and social control and there is usually little or no distinction between the law and the exercise of political power by the executive.
Continue reading “Najib’s 1 Malaysia has morphed to 1 Police State”

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Abdullah/Najib – why their thundering silence on the Selangor Umno Youth mob in Parliament menacing Karpal and other PR MPs?

The outgoing UMNO Youth leader and contender for one of the Umno Vice President slots next month, Datuk Seri Hishammuddin Hussein has proved it once again – that he has no qualms in subordinating parliamentary and national interests to personal and political interests in the upcoming Umno party elections.

In declaring his public support for the Selangor Umno Youth mob on Thursday which obstructed and menaced wheelchair-confined DAP National Chairman and MP for Bukit Gelugor Karpal Singh in the discharge of his parliamentary duties in the very precincts and sanctity of Parliament and manhandled Pakatan Rakyat MPs Lim Lip Eng (DAP – Segambut), Fong Kui Lun (DAP – Bukit Bintang), Chong Chieng Jen (Bandar Kuching) and N. Gobalakrishnan (PKR – Padang Serai), Hishammuddin has shown that he is incapable of differentiating between right and wrong – in great contrast to the forthright denunciation of the Dewan Negara President Tan Sri Dr. Abdul Hamid Pawanteh of the incident as a national embarrassment caused by “hooligans” obstructing parliamentarians from doing their duty.

But Hishammuddin, Education Minister and aspirant to even higher office, has become a protector and defender of “hooligans” who subverted the parliamentary process by violating the sanctity of Parliament to obstruct and menace parliamentarians from discharging their duty.
Continue reading “Abdullah/Najib – why their thundering silence on the Selangor Umno Youth mob in Parliament menacing Karpal and other PR MPs?”

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Rulers can be sued – are judges, lawyers, law professors/lecturers to be charged for treason?

The police questioned DAP National Chairman Karpal Singh for two hours yesterday in connection with 89 reports which had been lodged against him nationwide for being disrespectful to the Sultan of Perak over the most simple proposition – that rulers in Malaysia’s system of constitutional monarchy can be taken to court in their official capacities.

This is the height of nonsense in the police and the Home Ministry!

Are all the law professors and lecturers in the Malaysian universities and colleges going to be questioned by the police for the crime of treason for teaching their students that rulers can be sued in court for their official capacities?

Are all the judges and the lawyers in the country going to be charged for treason for holding that rulers can be sued in their official capacities?

The Home Minister, Datuk Seri Syed Hamid Albar and the Inspector-General of Police, Tan Sri Musa Hassan should be fully aware of this simple legal proposition or they are simply not fit to continue for a single second in their high positions and in Hamid’s case, everyone must wonder how he got his law qualifications in the first place! Continue reading “Rulers can be sued – are judges, lawyers, law professors/lecturers to be charged for treason?”