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False IPCMC Bill (SCC Bill) – Emergency Public Consultation in KL on Monday

I am convening an emergency public consultation in Kuala Lumpur on Monday night on the stand that Members of Parliament should take on the fraudulent Independent Police Complaints and Misconduct Bill (IPCMC) which will be debated in Parliament on Tuesday or Wednesday – the last day of the 46-day sitting of the current parliamentary meeting.

I regret that time is so short with only two days to convene such a public consultation when there should be a series of such public consultations in various parts of the country in view of the importance of the proposed legislation based on the most important recommendation of the Royal Police Commission to create an efficient, incorruptible, accountable, professional world-class police service with three core functions – to keep crime low, to eradicate corruption in the police and to protect human rights.

The Special Complaints Commission (SCC) Bill was tabled for first reading in the Dewan Rakyat on Thursday and will be debated for passage on Tuesday or Wednesday before the adjournment of Parliament until next March.

The SCC Bill admitted in its explanatory statement that its genesis came from the IPCMC proposal – “This Bill is introduced as a result of the recommendations made by the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police and it is intended to cover not only the police officers but also all enforcement officers at the Federal level.”

Most unfortunately however, the SCC is a completely different animal from the one conceived and recommended by the Royal Police Commission – in fact it makes a total mockery of the IPCMC proposal as to warrant the SCC Bill to be billed as a fraudulent IPCMC Bill.

The whole raison d’etre for the IPCMC proposal, the most important of its 125 recommendations for police reform, was spelt out by the Royal Police Commission in Chapter 6 its Report on “Modernise the Role, Functions and Organisations of the Royal Malaysia Police” (p. 189), viz: Continue reading “False IPCMC Bill (SCC Bill) – Emergency Public Consultation in KL on Monday”

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Special Complaints Commission – totally different creature and very negation of IPCMC proposal

The Special Complaints Commission proposed in the bill tabled for first reading in the Dewan Rakyat yesterday is a totally different creature from the Independent Police Complaints and Misconduct Commission (IPCMC) and the very negation of the independent external oversight agency for the police recommended by the Royal Police Commission.

No wonder the Chairman of the Royal Police Commission, Tun Mohamed Dzaiddin Abdullah said yesterday that he was “very disappointed” as the proposed Special Complaints Commission was not what the Royal Police Commission had in mind. Dzaiddin described the Special Complaints Commission as “something entirely different from what we recommended”.

Another member of the Royal Police Commission, Tunku Abdul Aziz, former Transparency International Malaysia President, is also a disappointed man.

He said: “The whole purpose was to ensure that no only were the police protected against unfair criticism and allegations but also that there would be a return of public confidence in an organization that had lost it. If the new bill is watered down, obviously we are not going to achieve this purpose.”

How can the Prime Minister, Datuk Seri Abdullah Ahmad Badawi and the Cabinet expect the 26 million Malaysians to have confidence in the proposed Special Complaints Commission when the leading lights of the Royal Police Commission like Tun Dzaiddin and Tunku Aziz are totally disgusted by the breach of faith and the complete watering-down of the IPCMC proposal to produce something quite nonsensical? Continue reading “Special Complaints Commission – totally different creature and very negation of IPCMC proposal”

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Is PM AAB above the law?

by Loh Meng Kow

According to Star, PM AAB commenting on the arrest of eight people, including four lawyers, for taking part in an illegal march here yesterday, and said: Lawyers are not above the law.

Federal Constitution: Section 10. Freedom of speech, assembly and association has four clauses. It reads (1) Subject to Clauses (2), (3), and (4)-

(a) every citizen has the right to freedom of speech and expression;

(b) all citizens have the right to assemble peaceably and without arms;

(c) all citizens have the right to form associations.

Section 4. Supreme law of the Federation reads (1) This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
Section 27 of the police Act 1967, and section 141 of the penal code deal with assembly, and they can only provide guidelines on how assembly should be conducted. They cannot go against Section 10 (1) in making assembly illegal since that would be inconsistent with the Constitution and therefore be void. Continue reading “Is PM AAB above the law?”

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Human Rights Day arrests – police takes off velvet glove to show iron fist

The high-handed and arbitrary police arrests of eight people, including five lawyers, for the peaceful march to mark the International Human Rights Day in Kuala Lumpur this morning has marred the celebration of Human Rights Day and blotted Malaysia’s international image on human rights.

The arrest of the eight, including five lawyers, N Surendran, Latheefa Koya, R Sivarasa, Eric Paulsen and Amer Hamzah, and human rights activists Anthony Andu and Norazah Othman in totally unprovoked circumstances is a great shame for the Abdullah premiership, as the some 100 people who had gathered at Sogo Department store in Kuala Lumpur to march to the Central Market in the federal capital clearly posed no threat to anyone, let alone national security, public order or peace.

Why couldn’t the police leave the marchers alone, only taking action if they pose a threat to national order or security, eschewing all forms of police over-reaction which can only add to the list of adverse international publicity which had been piling for Malaysia in recent months.

The police arrests of the eight on International Human Rights Day is doubly ominous for it is a clear symbol that the Abdullah premiership, which had started with the false promise of greater respect for human rights, has finally taken off its velvet glove to show the iron fist within to crush expressions of human rights in the country. Continue reading “Human Rights Day arrests – police takes off velvet glove to show iron fist”

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Police should also be charged with attempted murder

by Richard Teo

Malaysians in general and Indians in particular must be appalled at how the Attorney-General could charge 31 Hindraf protestors for the dubious crime of attempted murder.

Surely the charge can only be valid if the perpetrator of the crime can be identified. There is no justification to detain the 31 members if the crime was committed by a single individual. The prosecutor cannot expect the court to believe that the 31 perpetrators were responsible for throwing an object which specifically caused injury to the police officers.

How could the prosecutors cast a net so wide and hope per chance that it may catch the culprit from amongst the 31 protestors? Obviously not all of the 31 protestors were responsible for the single injury caused to the officer. Therefore will justice be served if the law punish the 31 Hindraf members just because one of them caused injury to the officer?

Can our justice be so vicious that 31 individual should pay the price for a crime committed by one individual? That in essence is what the Attorney-general is doing and in doing so he has made a mockery of our judicial system.

But in reality what was the crime committed by the 31 protestors?

By the same token, there were several protestors who suffered head injuries when the police fired tear gas canisters laterally at the crowd. Video clips taken on that day confirmed that quite a number of the protestors suffered injuries as a result. By the
same logic the police officers who fired the tear gas canisters can also be charged with attempted murder. Continue reading “Police should also be charged with attempted murder”

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3 critical issues which Cabinet cannot continue to procrastinate tomorrow

There are three critical issues which the Cabinet cannot delay and procrastinate tomorrow, viz:

  • A New Deal to end the long-standing marginalization of the Malaysian Indians and all marginalized groups;
  • Royal Commission of Inquiry into the Lingam Tape scandal and restore the national and international confidence in the independence, integrity and competence of the judiciary; and
  • Make public the Independent Police Complaints and Misconduct Commission (IPCMC) Bill.

If there is no immediate announcement of the establishment of the Royal Commission of Inquiry after the Cabinet meeting tomorrow, on its composition and terms of reference, the Malaysian public and international community cannot be blamed for coming to adverse inferences about the bona fides and political will of the Prime Minister, Datuk Seri Abdullah Ahmad Badawi to come to grips with the nettlesome problem of the 19-year degradation of the system of justice.

Malaysians had been expecting announcements from the Prime Minister about the Royal Commission of Inquiry since last Wednesday’s Cabinet meeting but the past week had passed with the daily disappointment of no news on the matter.

Although the past week had been overshadowed by the after-effects and shocks of the 30,000-strong Hindraf demonstration on November 25, with almost daily condemnation by the Prime Minister of the Hindraf allegation of “ethnic cleansing” of Indians in Malaysia, it is a grave misjudgment for anyone to think that the issue of the Royal Commission of Inquiry into the Lingam Tape and to restore the independence, integrity and quality of the judiciary could be sidestepped and even swept under carpet as a result of the Hindraf furore.

Let me remind Abdullah that Malaysians expect positive and concrete announcements about the establishment of the Royal Commission of Inquiry after the Cabinet meeting tomorrow or it will be another blackmark on his administration. Continue reading “3 critical issues which Cabinet cannot continue to procrastinate tomorrow”

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Crime – increase by leaps and bounds and mutate to new criminality

In the past 30 months since the Royal Police Commission Report and its 125 recommendations in May 2005 to create an incorruptible, efficient, professional world-class police service to reduce crime, eradicate corruption and protect human rights, the scene on the crime front has taken a turn for the worse.

There has not only been a big jump in the crime index, new forms of criminality have been created striking fear among law-abiding citizens, tourists and would-be investors making Malaysia even more unsafe for people and property compared to four years ago.

The Royal Police Commission in its May 2005 Report had referred to the “alarming” and “dramatic increase” in the crime index from 121,176 cases in 1997 to 156,455 cases in 2004, an increase of 29 per cent in eight years, and recommended a reduction by 20% in the crime index in the first 12 months.

In actual fact, the reverse has taken place with the crime index set to create a new record in crossing the 200,000 mark this year — a hefty increase of some 30% of the crime incidence in three years from 2004!

Yesterday, Datuk Dr. Maximus Ongkili, Minister in the Prime Minister’s Department and Chairman of the Crime Prevention Foundation, admitted the worsening of the crime index this year with nine reported cases of rape a day in the first nine months of this year as compared to four cases a day in 2003 and 6.7 cases a day in 2006!

A recent public opinion survey found that crime and public safety was rated as the second biggest concern of Malaysians — coming after price hikes and economic concerns.

What must be a matter of grave concern is the creation of new forms of criminality compounding the fear and trauma of Malaysians that they have lost the fundamental and precious freedom from crime and the fear of crime. Continue reading “Crime – increase by leaps and bounds and mutate to new criminality”

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Free and peaceful demonstration is provided for in the constituition

by Richard Teo

Why should the govt stifle dissent by refusing to give permits for its citizens to demonstrate? It does not matter whether the govt thinks that the issue is not justifiable or for some imaginary reason it is a threat to national security. Whether their grievances are legitimate or not is something the public will have to judge. The govt’s role is merely to ensure that the demonstration is held peacefully and without any violence.

When people take to the street to demonstrate it is always for a cause. History has shown us repeatedly that when the voice of the people is continually and contemptously ignored the only recourse is to show their displeasure by demonstrating. After all this liberty to demonstrate peacefully is provided in our constituition and it is the inalienable right of every citizen to exercise this right.

I disagree with some view that because the rally was specifically for a certain community the demonstration should not proceed. This view is in direct contradiction with the basic principle that the right to peaceful assembly is enshrined in the constitution and if the aggrieved party is of the view that their grievances have not been addressed than they should have every right to demonstrate. It does not matter whether their grievances merely highlight a particular community interest as long as they perceive there is a need to publicise and convey their message. Continue reading “Free and peaceful demonstration is provided for in the constituition”

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Hindraf rally – excessive use of police force with firing of tear gas and water cannons

The excessive use of police force with the firing of tear gas and water cannons against the Hindraf gathering in Kuala Lumpur this morning to present a memorandum to the British High Commission is most high-handed, ham-fisted, undemocratic and a grave disservice not ony to the Malaysian Indian community but to Malaysia’s international reputation in wanting to be a first-world developed nation.

If the Prime Minister, Datuk Seri Abdullah Ahmad Badawi had “walked the talk” of creating a Malaysia with “First World Infrastructure, First World Mentality”, today’s disgraceful display of excessive police force would not have happened.

Peaceful demonstrations and marches are common and accepted occurrences in First World developed nations which Malaysia aspires to become. As has been rightly pointed out recently, in Britain, Australia and other modern countries, when people wish to demonstrate, the police typically clear the way and make sure no one gets hurt. The streets belong to the people. And the police, like the politicians, are their servants. It is not the other way around as in Malaysia where the first reflex of the police and the government to any peaceful demonstration is to impose a ban and to fire tear gas and water cannons to deny Malaysians the fundamental right to a voice in national affairs.

During the world-wide anti-Iraq war demonstrations in late 2002, the Malaysian government had applauded mammoth peaceful demonstrations in the Western capitals, whether in London, Paris, Rome or Washington where crowds ranging from hundreds of thousands and even millions came out to peacefully voice their anti-war aspirations.

If the Police had issued a permit to Hindraf for their gathering to submit a memorandum to the British High Commission this morning, the whole incident would have ended in a peaceful, orderly and swift manner, which will not only be a credit to the police but to the nation’s international reputation as well.

This is a case where the Police has failed to make the important distinction between their role from that of their political masters in the Barisan Nasional. Continue reading “Hindraf rally – excessive use of police force with firing of tear gas and water cannons”

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IPCMC Bill – make public after Cabinet Wednesday to give MPs and civil society at least two weeks to study

The current 42-day budget meeting of Parliament scheduled to end on Dec. 13 has been extended by three days till Dec. 19 to debate a spate of bills, seven of which had been presented for first reading while several others have yet to be brought to the House.

One of the bills which have yet to be presented for first reading but which the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz has promised would be debated before the end of the current parliamentary meeting is the long-delayed Independent Police Complaints and Misconduct Commission (IPCMC) Bill proposed by the Royal Police Commission as the most important of its 125 recommendations to create an incorruptible, efficient, professional world-class police service.

The Royal Police Commission had proposed the IPCMC as the centre-piece of its police reform proposals to achieve what it recommended should be the three core objectives of the Police – to keep crime low, eradicate corruption in the police force and uphold human rights.

The Royal Police Commission placed such importance and priority on its IPCMC proposal that it even took the trouble to include a draft IPCMC Bill in its Report to facilitate its establishment, which it envisaged should begin to be operational by May 2006.

However, the Police mounted a strong opposition to the IPCMC proposal threatening even an open revolt in the initial stages, with some top police officers blatantly displaying insubordination to the political masters of the day.

More than 18 months have elapsed from the timeline proposed by the Royal Police Commission for the establishment of the IPCMC, and we are still waiting for the proposed IPCMC bill to surface into the public domain.

The question is whether the final IPCMC Bill when presented to Parliament will still be recognized as basically constituting the external oversight mechanism to check police abuses of power as proposed by the Royal Police Commission or so shorn of the substantive features and “teeth” of the IPCMC proposed by the Royal Police Commission as to be a completely different creature altogether. Continue reading “IPCMC Bill – make public after Cabinet Wednesday to give MPs and civil society at least two weeks to study”

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Hindraf rally – police stop over-reacting, dismantle roadblocks and issue permit

The police should not repeat their over-reaction and high-handed action on Nov. 10 over the peaceful 40,000-people Bersih gathering to hand over a petition to the Yang di Pertuan Agong for electoral reforms to ensure free, fair and clean elections and should immediately dismantle the roadblocks creating massive jams in Kuala Lumpur and the Klang Valley since yesterday.

The massive Nov. 10 traffic gridlock creating massive congestions in Kuala Lumpur and Klang Valley were largely the creation of the police and could have been avoided or ameliorated considerably with enlightened and sensitive police handling of peaceful gatherings by citizens exercising their fundamental constitutional rights to get their voices heard in a meaningful democracy.

If the Police had issued a police permit for the Bersih peaceful gathering on Nov. 10, demonstrating greater sensitivity and respect for human rights guaranteed in the Malaysian Constitution as recommended by the Dzaiddin Royal Police Commission 30 months ago, all legitimate concerns would have been met — the concerns of the police and government with regard to law and order and the concerns of aggrieved citizenry to petition the Yang di Pertuan Agong for an end to electoral abuses.

For the Hindraf rally on Sunday, the Police has not only refused to learn any lesson to respect the human rights of Malaysians to peaceful assembly, but has decided even earlier to impose roadblocks — starting since yesterday on various roads and expressways in the Klang Valley.

Headlines of such traffic gridlocks are already in the media — “Klang Valley chokes up” (The Star), “Roadblocks mounted ahead of Hindraf rally” (The Sun), “Massive traffic jams leading into the city” (New Straits Times) and “Police roadblocks jam up roads, again” (Malaysiakini).

From all indications, the traffic gridlock in Kuala Lumpur and the Klang Valley this time is going to be worse than a fortnight ago — no thanks to the police. Continue reading “Hindraf rally – police stop over-reacting, dismantle roadblocks and issue permit”

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Bersih Gathering/Petition to Agong – PM should show the world that Malaysia is a democratic country

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi should show the world that Malaysia is a democratic country by allowing the peaceful gathering organized by Bersih (Coalition for Free and Fair Elections) at the Dataran Merdeka in Kuala Lumpur tomorrow to submit a memorandum to the Yang di Pertuan Agong on electoral reforms.

Malaysia will become the laughing-stock in the international arena if Malaysians are not even allowed the fundamental and constitutional right provided in the Malaysian Constitution for 50 years to gather peacefully to submit a petition to the Royal Palace, not to advocate any violence or even for an overthrow of the government, but for electoral reforms to ensure that the next general election is clean, free and fair and the election results are not marred by electoral abuses, fraud and other malpractices.

Bersih officials have appealed to the Kuala Lumpur City Chief Police Officer, Datuk Zul Hasnan Najib against the rejection by the Dang Wangi district police chief ACP Mohd Zulkarnain Abdul Rahman for a permit the gathering at Dataran Merdeka.

The Police should be mindful of the important declaration in the Rukunegara that Malaysia is dedicated “to maintaining a democratic way of life”, and as such, it is one of the national objectives which the Police should be duly committed to protect and promote — by allowing the peaceful gathering to submit a petition to the Yang di Pertuan Agong on electoral reforms.

There is no basis whatsoever for the Inspector-General of Police, Tan Sri Musa Hassan to be “doubtful of the intentions” of Bersih or the peaceful character of the gathering as its sole purpose is to submit a petition to the Yang di Pertuan Agong.

I for one can vouch for the bona fide of the peaceful gathering tomorrow and that there is no intention whatsoever by anyone to create any untoward incident. Continue reading “Bersih Gathering/Petition to Agong – PM should show the world that Malaysia is a democratic country”

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RM27 million cop charged – call for end to “headless administration” and multi-millionaire cops

The charging of the Commercial Crime Investigation Department (CCID) director Datuk Ramli Yusuff in the Kuala Lumpur Sessions Court yesterday with two counts of failing to make a full disclosure of his assets and another for involvement in business which entail a maximum penalty of 20 years in prison if convicted has raised the curtain for public view of something very rotten both in the police force as well as the government.

It warrants an urgent call for an end to the “headless administration” presently prevalent in the country in the past four years, as it is most disheartening to the Malaysian public that despite the Royal Police Commission Report and its 125 recommendations to create an efficient, incorruptible, professional world-class police service to keep crime low, eradicate corruption and respect human rights, the rot both in the police and government have got worse rather than improve for the better.

The prosecution of the “RM27 million cop” reminds Malaysians of two serious allegations about corruption in the police force –

  • The allegation by former top cop who was the country’s longest-serving Inspector-General of Police Tun Hanif Omar in August that 40% of senior police officers could be arrested for corruption without further investigations strictly on the basis of their lifestyles;
  • The Royal Police Commission Report in May 2005 which found that “corruption is still widespread among police personnel” (p 9), recounting the case from a complainant of a senior police officer who made an asset declaration amounting to RM34 million but no action had been taken.

    The Ramli prosecution has refocused public attention on the problem of police corruption and millionaire and multi-millionaire plice officers — and the failure to implement the recommendations of Royal Police Commission for zero tolerance for corruption in the police force. Continue reading “RM27 million cop charged – call for end to “headless administration” and multi-millionaire cops”

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    Police at war with itself

    Before Parliament adjourned at 7.30 pm, I asked the Deputy Internal Security Minister, Datuk Foo Ah Kiow to give a proper, informed and satisfactory report on the unprecedented phenomenon of “the police at war with itself” as well as “at war” with the Internal Security Ministry when he resumes his reply on behalf of his Ministry on the 2008 Budget tomorrow.

    I had referred in particular to the three-page press statement earlier in the day by the Commercial Crime Investigation Department (CCID) chief Ramli Yusuff, where he made serious allegations about victimization of CCID officers by the police and mistreatment by the Anti-Corruption Agency (ACA).

    Ramli confirmed that he was the police officer being investigated for amassing RM27 million in undeclared assets and denied that he had amassed RM27 million.

    Ramli said he had “until today remained silent about developments in the police force, in particular, the arrest and prosecution of officers of the Commercial Crime Investigation Department (CCID) who are alleged to have falsified statements of confidential informants in connection with the banishment of one Goh Cheng Poh @ Tengku”.

    Goh, who was alleged to be an underworld kingpin in Johore, was ordered to be detained on the directive of Deputy Internal Security Minister Datuk Johari Baharom based on the intelligence gathered by police officers of CCID.

    Goh was eventually “banished” to Jeli, Kelantan and subsequently applied to the High Court to set aside Johari’s banishment order.

    In Parliament today, I read out five paragraphs from Ramli’s three-page statement, viz:

    “In an unprecedented stance, the legal adviser of the Ministry of Internal Security, an officer of the Attorney-General’s Chambers, declined to advise and direct my officers and I (to) prepare affidavits of the events surrounding the preparation of the investigative papers on Goh for the benefit of the deputy minister of internal security.

    “Those affidavits were to be filed in the High Court arising from the application by Goh to have his banishment order set aside. Given the constraints of time, we, the officers of the CCID, sought legal advice from a private law practice who advised and assisted in the preparation of the draft affidavits concerned. Continue reading “Police at war with itself”

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    Cold-blooded killing of two cops, Jayabalan and Alagesan, condemned by all Malaysians

    Malaysians are shocked and revolted by the cold-blooded killing of two police inspectors, L/Kpl K. Jayabalan from the Gombak police and detective L/Kpl M. Alagesan from the city police headquarters during a drug bust in Sungai Buloh on Thursday night and the killers must be hunted down and brought to justice.

    Deepest condolences to the families of the two cops who died in the course of duty. It is both an outrage and tragedy that their families will be grieving instead of having a Deepavali celebration in a fortnight’s time.

    The Prime Minister, Datuk Seri Abdullah Ahmad Badawi, who is also Internal Security Minister, said the deaths of the two police officers during the drug raid could have been avoided if the police had adopted a proper strategy and followed procedures.

    The avoidable death of two police officers cannot be taken lightly, and if the Prime Minister is right, then there should be a full inquiry as to why the correct strategy and procedures had not been followed and who were responsible for such negligence resulting in the unnecessary sacrificing of two cops.

    Parliament and the nation are entitled to know what lessons are being learnt if the deaths of the two police inspectors were the cause of avoidable negligence and sloppiness on the part of the police in carrying out a drug bust — and what measures the government and the police are taking to help the two bereaved families who are afflicted with the irreplaceable losses. Continue reading “Cold-blooded killing of two cops, Jayabalan and Alagesan, condemned by all Malaysians”

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    Zam is a disgrace to Malaysia – handicapped by his chauvinistic mindset from becoming a full Malaysian

    Information Minister Datuk Seri Zainuddin Maidin is a disgrace to Malaysian nation-building on her 50th Merdeka anniversary, a Minister who is handicapped by his narrow-minded thinking from becoming a full Malaysian, constantly playing the communal drum to turn every issue including human rights, corruption and justice into a racial one.

    This is the Bernama report of Zainuddin’s remarks attacking the DAP in Sungai Petani yesterday:

    Zainuddin said many of the party’s statements seemed to be aimed at eroding public confidence in the police force, besides taking a swipe at the Malays by connecting police with the Malay community.

    “As most of the police personnel are Malays, any action taken in a case is seen by the DAP as the use of Malay power over the non-Malays,” he said in reference to several rape and corruption cases highlighted by the DAP.

    It is sad and tragic that although Malaysia has just celebrated 50 years of independent nationhood, there are still people occupying positions of power in government who have not kept abreast with the evolution of Malaysian identity and consciousness but continue to cling to their chauvinist mindset, seeing everything through the communal prism. Continue reading “Zam is a disgrace to Malaysia – handicapped by his chauvinistic mindset from becoming a full Malaysian”

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    Nurin’s brutal death – let Cabinet observe minute-silence and renew forgotten commitment to keep crime low

    The country joins the Prime Minister, Datuk Seri Abdullah Ahmad Badawi in shock, anger and grief at the brutal rape-murder of eight-year-old Nurin Jazlin Jazimin, whose naked body in a foetal position was stuffed in a sports bag in Petaling Utama.

    No stone must be left unturned to track down and to bring the murderer to justice.

    The Inspector-General of Police, Tan Sri Musa Hassan said on Thursday that the Police was closing in on the killer. All Malaysians pray and hope that the police would be successful in the hunt for the murderer.

    In contrast, the statement yesterday by Musa that Nurin’s parents are being investigated for possible negligence have stirred very mixed feelings from Malaysians, regardless of race or religion.

    If there is evidence that Nurin’s parents had been negligent contributing to her brutal murder, and the parents are prosecuted, it is a totally different matter from putting pressure on the grieving parents at this time of their bereavement when the police has as yet to get any evidence to establish any parental negligence.

    Is it right and proper for Musa to add to the grief and sorrow of Nurin’s parents in such circumstances?

    Nurin’s brutal rape-murder must be regarded as both a family tragedy for taxi driver Jazimin Abdul Jalil and a national shame.

    There is something very sick and rotten in our society that Nurin could meet with such a brutal end. But it also bespeaks of the breakdown of the institutions in the state responsible for upholding law and order.

    Let the Cabinet meeting next Wednesday begin by observing a minute of silence for Nurin’s brutal death followed by a renewal of its forgotten commitment to make the country a safer place for our citizens, tourists and investors.

    This renewal of commitment by the Cabinet is imperative for we must not allow Malaysia to become a crime-infested society which claim victims regardless of race or religion. Continue reading “Nurin’s brutal death – let Cabinet observe minute-silence and renew forgotten commitment to keep crime low”

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    Nathaniel Tan’s reply to the Prime Minister

    Nathaniel Tan has emailed me his response to the Parliament reply of the Prime Minister, Datuk Seri Abdullah Ahmad on Tuesday claiming that the actions against Nat and Raja Petra Kamarudin were not the “beginning of a clampdown on bloggers” but were normal actions taken against individuals who “break the law”.

    Abdullah said the government will not restrict the free flow of information on the Internet but warned that the government will not hesitate to act against bloggers who flout the law.

    He said Nat’s arrest and the police report against Raja Petra were usual procedures followed by the police and that such actions do not mean that the government is stifling dissent.

    This is the response from Nat, who was detained and investigated for alleged breach of Section 8 of the Official Secrets Act 1972 relating to a comment left on his blog linking Deputy Internal Security Minister Mohd Johari Baharum to a corruption allegation.

    Is Kidnapping Standard Police Procedure?

    I am terribly saddened by the fact that Prime Minister Abdullah Badawi would claim that the police actions taken against me could be considered the “normal process of law” and “standard procedure.”

    What he seems to be saying is that standard procedure includes: Continue reading “Nathaniel Tan’s reply to the Prime Minister”

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    Batu Burok riot – immediate independent public inquiry warranted

    (Speech on the 2008 Budget in Parliament on Monday, 10th September 2008)

    I must start with the shameful episode to the nation, which marred not only the presentation of the 2008 budget but also the 50th Merdeka Anniversary celebrations — the police firing live bullets at a ceramah crowd at Batu Burok, Kuala Terengganu on Saturday night and wounding two and the ensuing confrontation between the crowd and the police.

    In 24 hours, the minimal “feel good” effect created by the 2008 Budget had been destroyed by two incidents – the police contempt for human rights and excessive use of force in Batu Burok on Saturday night and the latest Auditor-General’s Reports highlighting continuing widespread and incorrigible government inefficiency and waste of public funds.

    All Malaysians, regardless of race, religion or political beliefs, are shocked by what happened in Batu Burok on Saturday night, especially with the mainstream media carrying screaming headlines like “750 pembangkang merusuh, rosakkan harta awam di Terengganu” (Utusan Malaysia), “4 polis cedera rusuhan di Kuala Terengganu” (Berita Harian), “RM1m damage, 23 held in riot” (New Straits Times), “Ceramah clash” (The Star), “23 held and 7 injured in riot” (The Sun).

    Why did a traditionally peaceful ceramah organized by Bersih, a coalition of political parties and NGOs campaigning for free and fair elections degenerate into a confrontation between the police and the crowd, turning it into a “riot” with police firing live bullets, resulting in four being hospitalized and 23 arrested?

    Isn’t it a reflection of failure of the police to uphold law and order when what would have been a peaceful ceramah ended up into a “riot” between the police and the crowd?

    Who must bear responsibility for the disgraceful incident in Kuala Teregganu — the police or the ceramah organizers?

    The police has only itself to blame when its official account, giving full publicity by the mainstream media, both printed and electronic, are suspect as history has shown that official accounts, whether police or that of other authorities, could give distorted and very one-sided accounts.

    The best example was the Kesas Highway Incident on 5th November 2000, where I was personally present, with the members of the public who had gathered peacefully for a rally treated like criminals by the police, which indiscriminately fired tear gas and water cannons. Continue reading “Batu Burok riot – immediate independent public inquiry warranted”

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    AG’s draft IPCMC bill – make it public for feedback and consultation

    The second draft Independent Police Complaints and Misconduct Commission (IPCMC) Bill which has been prepared by the Attorney-General’s Chambers should be made public to allow for public feedback and consultation.

    The Inspector-General of Police, Tan Sri Musa Hassan, has said that the police is satisfied with the draft IPCMC bill prepared by the Attorney-General’s Chambers as it contained some of the proposals presented by the police.

    He said the police is not opposed to an IPCMC but wanted a fair procedure so that there is no victimization of the police.

    Malaysians welcome the change-of-heart of the police on the IPCMC issue, backing down from its original stand of total opposition.

    Malaysians can accept and agree with Musa that when the IPCMC is formed, no one, including the police, should be victimized by its operation and function.

    As the whole purpose of an IPCMC is to uphold justice, it would be a travesty of justice to create new victims or to countenance new injustices to be perpetrated under the IPCMC regime.

    The real stand of the police on the IPCMC still await full clarification, as the test of the pudding is in the eating or in the passage of the IPCMC legislation.

    As the Attorney-General’s draft IPCMC bill has not been made public, no one knows whether it has kept to the spirit of the key recommendation of the Police Royal Commission for the establishment of an independent external oversight mechanism to check police abuses of powers, misconduct and negligence in order to create an efficient, incorruptible, professional world-class police service which could keep crime low, eradicate corruption in the police service and uphold human rights. Continue reading “AG’s draft IPCMC bill – make it public for feedback and consultation”