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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”

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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”

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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!”

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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?”

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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”

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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”

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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”

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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”

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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”

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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”

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Invest In Our People!

by M. Bakri Musa

Millions of Chinese had a rude awakening when they returned last month from celebrating their Lunar New Year in their villages. They discovered that the jobs they had in the cities before they left only a few weeks earlier had now disappeared. Tragic though that may be to them individually, the aggregate loss pales in comparison to that suffered by their government through its massive investments in the stocks of American companies and other paper assets like bonds and Treasury Notes.

If only the Chinese government had invested in its people, imagine the good that would do to them, and to China. If their government had spent the funds to build better schools, Chinese schoolchildren would not have dangerous physical facilities that collapse with the slightest tremor. Had those funds been used to build affordable apartments, the Chinese people would have been better housed. That would at least help alleviate their miserable existence.

The Chinese people suffered twice. First, they worked incredibly hard under intolerable conditions and insufferably meager wages so the West could enjoy inexpensive consumer goods. Then the foreign currencies earned by their government from the exports created through their hard work vanished with the downward spiral of Western economies.

When Western consumers could no longer afford to spend, the Chinese were forced to work under even harsher conditions so the products they make could be sold cheaper still. This is just a modern twist to the old “coolie” concept. In the early part of the last century, millions of indentured Chinese were brought to America to work on the gold mines and railways. Today the coolies remain in China; America brings in only the products of their hard labor.

China is not alone in engaging in this folly of investing abroad instead of in their people, so is the rest of Asia. Singapore lost a hundred billion dollars on its American investments. On a per capita basis, Singapore’s loss is massive and readily dwarfs that suffered by China. Continue reading “Invest In Our People!”

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Najib’s unethical and unconstitutional power grab in Perak may sow the seeds for his downfall as the sixth Prime Minister

As the Prime Minister-in-waiting, Datuk Seri Najib Razak cannot be so ignorant as not to know that his statement that there could not be any Perak State Assembly meeting until the courts decide on the status of the state government is completely untenable, as it has no basis in law or constitutional practice.

The question is whether Najib is making this statement as Deputy Prime Minister after getting the proper advice of the Attorney-General’s Chambers or as UMNO Deputy President without the benefit of any proper expert legal opinion.

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi had acted most improperly when he had earlier advised the “pretender” Perak Mentri Besar Datuk Dr. Zambry Abd Kadir to lodge police report against the Perak State Assembly Speaker, V. Sivakumar for suspending Zambry and the other six “pretender” state exco members from the state assembly, which also attracted the criticism of former Prime Minister Tun Dr. Mahathir Mohamad, when the Speaker’s decision or action is protected by law and conferred immunity from civil or criminal proceedings.

Clearly, Abdullah’s advice could not have emanated from the Attorney-General’s Chambers.

But it has resulted in gross abuses of power by the Police as well as by the Malaysian Anti-Corruption Commission (MACC) in subjecting the Perak State Assembly Speaker to interrogation, which are gross violation of established world-wide parliamentary laws, practices ,conventions and traditions. Continue reading “Najib’s unethical and unconstitutional power grab in Perak may sow the seeds for his downfall as the sixth Prime Minister”

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MACC: Old wine in a new bottle

by Tunku Abdul Aziz
Sin Chew

What a waste of public funds! The creation of the Malaysian Anti-Corruption Commission will go down in history as a feeble and pathetic final clutch at the straws by a sitting duck prime minister best remembered for his inexhaustible supply of good intentions but with nothing to show for them. The MACC was hastily conceived against a murky background of a web of duplicity and deceit. It was a desperate attempt at deluding the people of this country and the world anti-corruption community at large that the Abdullah Badawi administration still had a lot of fire in its belly to make corruption a high risk and low return business. The whole process was nothing more that a charade, a sleight of hand that we had come to expect of this government. In the meantime, corruption continues to be in robust good health.

In 1995 my friends and I started to look at corruption in our country seriously and to view with growing unease its debilitating effects on our society. This led incidentally to the formation of Transparency International Malaysia as it has come to be known. We saw the Anti-Corruption Agency for what it really was in operational terms. It was the weakest link in both the “supply and demand sides” of the corruption equation. We saw the ACA as part of the problem of corruption and not, as it should rightly have been, part of the solution. We thought its claim to “independence” was a joke in poor taste. It was as independent as a beached whale.

We demanded from day one that the ACA be converted into an independent commission along the lines of the highly professional Independent Commission Against Corruption with a strong and influential oversight civilian committee to keep an eye on the staff who could otherwise be tempted to abuse their wide powers. Continue reading “MACC: Old wine in a new bottle”

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Blog access

Note from sys admin :

We continue to receive complaints regarding access to the blog. Such as,

Sdr Lim, i have no problem accessing to other sites except your blog. I think they blocked your site. Please tell your IT people.

We strongly believe this is mainly due to the damage to TM Net’s
international link to North America via Asia Pacific. The international link named by TM Net in an announcement on 24 February 2009 is APCN2. According to their statement, “TM expects the complete recover of its services by 5 March 2009.”

We also understand that not all streamyx users are affected equally. Those with IP address starting with 118, 115 and 124 are affected severely while those with IP address starting with 60 experience almost no interruption. To check what IP address you are on, visit http://myip.dk.
Continue reading “Blog access”

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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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“Foul is fair, fair is foul” – Malaysian politics getting uglier by the day as Najib gets close to be PM

With the Abdullah premiership nearing its end and the daily countdown for Datuk Seri Najib Razak to take over as the sixth Prime Minister in the first week of April, Malaysian politics is also getting uglier by the day – where “foul is fair and fair is foul”!

The shameful, shocking and outrageous violation of Parliament’s sanctity yesterday, where Selangor UMNO Youth leaders mobbed DAP National Chairman and MP for Bukit Gelugor, Karpal Singh in the precincts of Parliament, obstructing and menacing Karpal in the discharge of his parliamentary duties, as well as manhandling 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) who had gone to the aid of Karpal to protect him, is a blot in the 51-year history of Parliament marking a new low in Malaysian politics.

What was doubly shameful, shocking and outrageous was that the administration and security of Parliament were fully aware of the criminal intent of the Selangor UMNO Youth mob to commit the crime of parliamentary contempt under the Houses of Parliament (Privileges and Powers) Act 1952 in “assaulting, obstructing or insulting any member coming to or going from the House or on account of his conduct in the House or endeavouring to compel any member by force, insult, or menace to declare himself in favour of or against any proposition or matter pending or expected to be brought before the House” [Section 9 (e)], but they did not lift any finger to protect the safety and security of MPs in the parliamentary precincts from the Selangor UMNO Youth mob although they could alert MPs and the media to the crime of parliamentary contempt being committed against Karpal. Continue reading ““Foul is fair, fair is foul” – Malaysian politics getting uglier by the day as Najib gets close to be PM”

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‘Cops, security did not help me’

by S Pathmawathy & Rahmah Ghazali
Malaysiakini Feb 26, 09

DAP chairperson Karpal Singh said police and security personnel did not come to his aid when he was mobbed by a group of angry Umno Youth supporters at the Parliament lobby this afternoon.

“Although I called for the police to come and help, no one came… and my driver Michael called (DAP MP Fong) Po Kuan, who then called (DAP MP) Lim (Lip Eng).

“Lim came with N Gobalakrishnan (Padang Serai-PKR), Fong Kui Lun (Bukit Bintang-DAP) and Chong Chieng Jen (Bandar Kuching-DAP),” he told reporters after the incident.

“I might be in a wheelchair but I will not be cowed or intimidated by anyone,” he added.

The DAP chairperson and Bukit Gelugor MP said the Umno Youth supporters were so brazen that some of them had given him their name cards.

“They were very unruly and refused to let me leave,” said the veteran politician, who called for urgent action to be taken against the mob.

“Something must be done on a very urgent basis… how were these people even allowed in the precincts of Parliament? Where is the security if we are going to be accosted on our way to the House?

“I want action to be taken by the speaker, a rhetoric statement in the House is not enough, we want action and the speaker could do the necessary afterwards,” he added.
Continue reading “‘Cops, security did not help me’”

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Sultan has no powers to ask Nizar to quit

by NH Chan
Malaysiakini
20.2.09

According to the Perak constitution, the ruler has a personal discretion in the performance of two functions – the appointment of a menteri besar and the withholding of consent to a request for the dissolution of the legislative assembly.

On Feb 4, Mohd Nizar Jamaluddin, the mentri besar, was granted an audience by the sultan to request for the ruler’s consent to dissolve the Perak State Assembly.

The next day, Deputy Prime Minister Najib Abdul Razak also requested for an audience with the sultan as the Perak BN chief and consent was granted for him to present himself before the ruler.

This is the account given in the Star, Feb 6:

“The four-page statement, signed by the sultan’s private secretary, Col Abdul Rahim Mohamad Nor, was issued at 2.15pm, Feb 5.

“It said Mohd Nizar had an audience with the sultan yesterday to seek the ruler’s consent to dissolve the state assembly. Earlier in the day, Najib, who is Perak Barisan chairman, had an audience with the sultan twice.

“At the audience in the morning, he informed the ruler that BN and its supporters now had the majority in the state assembly. The statement said the sultan had summoned all the 31 assemblymen before him to verify the information.

“‘His Royal Highness had used his discretion under Article XWI (2)(b) of the Perak Darul Ridzuan State Constitution and did not consent to the dissolution of the Perak State Assembly,’ the statement added.”

Bernama later reported that Mohd Nizar was summoned to an audience to be informed of the sultan’s decision not to dissolve the state government.

Now what is wrong with that? Continue reading “Sultan has no powers to ask Nizar to quit”

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ICAC’s praise for MACC “a good start for Malaysia to battle graft” – a supreme insult!

The Star headline, “Good start, says Hong Kong’s ICAC”, quoting the deputy commissioner and head of operations of Hong Kong’s Independent Commission Against Corruption (ICAC) Daniel Li for the creation of the Malaysian Anti-Corruption Commission (MACC) officially launched by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi yesterday is no real praise but a supreme insult causing self-respecting Malaysians to cringe at such a serious indictment of Malaysia’s anti-corruption record whether in the 22-year premiership of Tun Dr. Mahathir Mohamad or the five-year Abdullah premiership.

When the Anti-Corruption Agency (ACA) was founded in 1967 under the first Director-General Tan Sri Harun Hashim, the ACA’s public standing as an independent anti-corruption agency both regionally and internationally was highest in its 41-year history.

Unfortunately, after Tan Sri Harun Hashim’s tenure, the ACA had not been able to build on the public confidence enjoyed by the ACA.

Otherwise, the ACA should have become a premier anti-corruption body in the world instead of allowing the Hong Kong International Commission Against Corruption (ICAC) which was formed seven years after the ACA in 1974 to establish the international reputation as one of the best known and successful organisations dedicated to addressing issues of corruption in both the public and private sectors, to the extent that the Malaysia has to learn from ICAC, when it should be Hong Kong having to learn from the ACA! Continue reading “ICAC’s praise for MACC “a good start for Malaysia to battle graft” – a supreme insult!”