Muhyiddin - Time to prosecute those who 'disapeared' Amri and Koh - no need any new 'task force' to simply inquire and recommend?

What? A special 'Task Force' to look into Malaysian Human Rights Commission's findings over dissapearance of Amri and Pastor Koh ....WHY?

 

After an extensive public inquiry, the Human Rights Commission of Malaysia (Suhakam) announced today that the Special Branch, the special police intelligence team from Bukit Aman, was involved in the abduction of pastor Raymond Koh, similar to that of activist Amri Che Mat.

 

NO - What we need to do now is to move forward, and this means we need a special team to take action, which means a team that will now PROSECUTE the guilty...or maybe commence a civil suit to sue the said Special Branch officers, the Special Branch, etc to secure some justice for the families of the victims...We need also to find the 'disappeared' or determine what happened to them?

 

SUHAKAM is the National Human Rights Commission of Malaysia, and the public inquiry was conducted by HR Commissioners, not ordinary staff or employees of SUHAKAM. It would have been different if the public inquiry was conducted by some non-governmental organisations(NGOs) or civil society organisations(CSOs)...This inquiry was conducted by SUHAKAM.

 

We do not need any 'SPECIAL TASK FORCE' to simply review SUHAKAM's findings - we need to move forward now..

 

"The report by Suhakam is serious, and the task force will be responsible to view it. 

"Once that is done, the task force will recommend actions that should be taken," said Muhyiddin, after attending buka puasa with Home Ministry staff on Thursday (May 23).

No need to view or review SUHAKAM's findings ...No need to make reccomendations...now, we need to TAKE ACTION...

 

As such, what we need is a team with power to prosecute and take action. Maybe, it should be led by the Public Prosecutor(Tommy Thomas) or some senior Deputy Prosecutor or some 'special' public prosecutor(as SUHAKAM's findings point the finger to the involvement of civil servants being police special branch officers ..which may end up making the past government liable as well? So, maybe the Attorney General, who is also the advisor and/or lawyer for government should stay out...

A TASK FORCE that ends up with findings and recomendations to the police, prosecutor or government is not what we need. We need action based on the findings of SUHAKAM.

CRIMINAL PROSECUTION (not any disciplinary action) - it will need evidence to prove beyond reasonable doubt to succeed. CIVIL SUIT requires less - balance of probabilities and it will also get the families some compensation.

Police officers or civil servants involved - besides being tried(and possibly convicted) - they should also be 'terminated' - we do not need such 'bad apples' in our police force or civil service.

I worry if it is just another 'special task force' that simply inquires and makes recommendations, it is a waste of time...and worse still, this PH government may then use the 'Official Secrets Act' and keep the procedings and outcome secret.

 

Talking about taking real action - Muhyiddin must also look at the various other inquiry findings like for example what is happening to the police officers responsible for the killing of  Syed Mohd Azlan Syed Mohamed Nur?

Police officers that tortured and killed detainee - what will the AG and the Malaysian government do?

Cepat tindakan kes bunuh lelaki korea, kenapa lambat tuduh polis/pembunuh Syed Mohd Azlan?

Dalam kes Syed Mohd Azlan - 

...EAIC mengesyorkan kepada Pendakwa Raya (Peguam  Negara) bagi  pendakwaan  jenayah  dibawa terhadap  pegawai  dan anggota  PDRM  yang  didapati  telah  melakukan  salah  laku bersifat  kesalahan jenayah seperti yang dikenalpasti...

 

Terdapat   perlakuan serangan   bersifat jenayah   yang   melibatkan   unsur   niat bersama   atau   pensubahatan   (abetment)   oleh anggota   PDRM yang   terdiri daripada  anggota  pasukan tangkapan bagi melakukan kekerasan  fizikal  secara sengaja ke atas si mati yang telah mengakibatkan kecederaan dan kematian e atas  si  mati,  dan  perlakuan  ini  adalah  merupakan jenis kesalahan bersifat jenayah di bawah undang-undang,khususnya kesalahan di bawah seksyen 302 danseksyen   325   Kanun   Keseksaan...

Baca  kenyataan penuh SURUHANJAYA INTEGRITI AGENSI PENGUATKUASAANdalam Bahasa Malaysia di http://www.eaic.gov.my/sites/default/files/media/kenyataan-media/makluman-siasatan-eaic-ke-atas-kematian-syed-mohd-azlan-bin-syed-mohamed-nur-semasa-di-dalam-tahanan/kenyataan_media_eaic_siasatan_syed_azlan.pdf

Terdapat perlakuan gangguan bahan bukti yang material oleh anggota PDRM iaitu,(i ) membersihkan tempat kejadian sebelum dilawati dan diperiksa oleh pegawai perubatan,(ii) melupuskan tikar getah dan karpet yang dipercayai mempunyai kesan darah si mati di tempat kejadian tangkapan,dan (iii) perlakuanmenyembunyikan/menghilangkan saksi mata(eye witness) yang melihat kejadian tangkapan simati; 

 

Earlier related posts:-

Victims of Enforced Dissapearance by police officers - Amri and Pastor Koh? HR Commission's findings

Charge the police officers in COURT - no to 'internal disciplinary' procedures or termination for enforced dissapearance cases

 

 

Task force to be set up to look into Suhakam's findings over disappearance of Amri, Pastor Koh

Nation
Thursday, 23 May 2019 9:47 PM MYT
by mazwin nik anis

PUTRAJAYA: A special task force will be set up to look into the findings by the Human Rights Commission of Malaysia (Suhakam) that the police were behind the disappearance of activist Amri Che Mat and Pastor Raymond Koh.

Home Minister Tan Sri Muhyiddin Yassin said the Cabinet had agreed to this and members of the task force would be announced soon.

"The report by Suhakam is serious, and the task force will be responsible to view it.

"Once that is done, the task force will recommend actions that should be taken," said Muhyiddin, after attending buka puasa with Home Ministry staff on Thursday (May 23).

He said several names had been listed as task force members, and they include representatives from the police.

"Yes, the police will also be involved in the task force, but we will have to find individuals who are not directly related to the case.

"For instance, since the allegations are against the Special Branch, we will not name interested parties as task force members," he said.

In April, Suhakam had concluded that both Amri and Pastor Koh were victims of forced disappearances and the unanimous decision in both cases were made after lengthy discussions and deliberations.

Suhakam said direct and circumstantial evidence in both cases proved on balance of probability that they were abducted by state agents, namely the Special Branch of Bukit Aman.

It also urged a special task force to be formed to reopen both cases as enforced disappearances, rather than cases of missing persons.

Amri, who was the founder of the NGO Perlis Hope, left his home in Kangar at about 11.30pm on Nov 25, 2016 in his SUV.
Pastor Koh, who founded the NGO Harapan Komuniti, was believed to have been abducted by a group of men along Jalan SS4B/10 in Petaling Jaya on Feb 13, 2017, while on his way to a friend's house.

On calls for leaders who are not up to mark to step down, Muhyiddin said Datuk A. Kadir Jasin was entitled to his opinion.

"It is also up to those who feel they should not no longer be in Cabinet to quit. I don't know who are the individuals (Kadir is referring to) but if it was me, I would resign," he said.

Muhyiddin said it was also the prerogative of the Prime Minister to take any measures or action against those who do not perform.
Kadir, who is the Prime Minister’s special media adviser, wrote in his blog that leaders incapable of fulfilling their responsibilities should just quit.

He said they include ministers, mentris besar, chief ministers and state executive councillors who are not up to mark even a year after assuming their positions.  - Star, 23/5/2019

Iskandar Puteri City councillors know their own power? Or should they resign calling for Elections?

Iskandar Puteri City Council (MBIP)  Mayor and Local Councillors are all 'political appointees' - not democratically elected by the people...

There are about 24 Local Councillors in MBIP - so, the issue is whether more than 12 Councillors want the Mayor(also a member of Local Council) to show cause....


All decisions of the Local Council, including the  Iskandar Puteri City Council (MBIP) are made by the Mayor and all Councillors  - so, it is very ODD for the Local Councillors to suddenly shift the blame to the Mayor ...(Or did these Local Councillors make the mistake of previously deciding that all powers of approving licences/permits in connection to Pasar Ramadan be given to the Mayor???)

26  Vote of majority decisive (Local Government Act 1976)
(1) Except as otherwise prescribed all questions coming before any meeting of the local authority shall be decided by a majority of the votes of the Councillors present.
(2) In case of an equality of votes the Chairman at the meeting shall have a second or casting vote.

Even if there is an urgent issue, Local Councillors can call for a 'Special Meeting" -  

21  Special meetings

(1) The Mayor or President may at any time and shall, at the request in writing of not less than one-third of the Councillors, call a special meeting of the local authority, and the day fixed for such meeting shall be within fourteen days of the presentation of such request.
(2) The notice of any special meetings shall specify the object of the meeting, and no other subjects than those specified in the notice shall be discussed at the meeting.

ALL powerful is the LOCAL COUNCIL - and Committees cannot make decisions on its own - such decisions really will have to be approved by the Local Council, who also shall have the power to reverse any such Committee's decisions... 

Do the Local Councillors know their OWN Power - They decide - Majority Decision. Committee is committee - Council have the power to agree or not agree with any Committee's decision... 

Have the issue about Ramadhan Bazaar been discussed and decided by the Local Council - Local Council meeting are OPEN to the public...unless they want to keep it 'secret' - So, is Pakatan Harapan making Local Council meetings OPEN to PUBLIC?

 23  Meetings of local authority to be public

All meetings of the local authority shall be open to the public and to representatives of the Press unless the local authority by resolution at the meeting otherwise decides:

Provided that this section shall not apply to any Committee of the local authority unless such Committee by resolution otherwise decides..

Who are the Councillors who are handing over 'formal complaint' in the picture - are there more than 12 Local Councillors there?

Why are they handing over 'formal complaint' - when it really is for the Local Council(Mayor plus 24 Councillors to decide) --- it is not the Council's employees to decide?

Look at page 1 of the Local Councillor's profile - I am shocked that there are Party Whips in the Local Council. Does that mean that the Local Councillors have no personal freedom to decide at Council meetings ...what is good for the people of the community? If there are 'Whips', then all Councillor's from the relevant political party has no choice but to vote as directed by the WHIP?

AREA / ZONE CHAIRMAN
ISKANDAR PUTERI CITY COUNCIL (MBIP)18hb JULY 2018 - 31hb DESEMBER 2019

MAYOR	:	YANG BERHORMAT DATO' HAJI ADIB AZHARI BIN DAUD
SETIAUSAHA	:	PUAN AZURAWATI BINTI WAHID
WHIP PARTI PPBM	:	ENCIK HAFIZEE ADHA BIN NORZAMRI
WHIP PARTI DAP	:	PUAN NG SIAM LUANG
WHIP PARTI PKR	:	ENCIK CHOONG THONG YUEN
WHIP AMANAH	:	ENCIK MOHD. AZAM BIN MEKTAR

TIME FOR PEOPLE TO CHOSE THEIR LOCAL COUNCIL - ELECTIONS NOW..

UNTIL THEN - LET US MAKE ALL LOCAL COUNCIL MEETINGS OPEN TO THE PUBLIC 

LET US BE TRANSPARENT ABOUT DECISIONS - MINUTES(OR EXTRACTS) OF MINUTES SHOULD BE MADE PUBLIC...

ACCOUNTS - INCOME AND EXPENSITURE MUST BE REVEALED.. 

So many issues - but some Local Councillors only choose to highlight Ramadhan Bazaar issue 

Some relevant law:-

10  CouncillorsLOCAL GOVERNMENT ACT 1976

(1) The local authority shall consist of-

(a) the Mayor or President; and
(b) not less than eight and not more than twenty-four other Councillors,

to be appointed by the State Authority.

(2) Councillors of the local authority shall be appointed from amongst persons the majority of whom shall be persons ordinarily resident in the local authority area who in the opinion of the State Authority have wide experience in local government affairs or who have achieved distinction in any profession, commerce or industry, or are otherwise capable of representing the interest of their communities in the local authority area.

(3) The term of office of each Councillor shall not exceed three years.

(4) The seat of a Councillor shall become vacant in the event of his resignation being accepted, if he is disqualified under subsection 34(7) or if his appointment is revoked by the State Authority.

(5) On a vacancy occurring in the seat of a Councillor, the Mayor or President shall immediately notify the State Authority.

(6) A Councillor shall be eligible for reappointment upon the expiry of his term of office.

(7) If the Mayor or President does not agree with the other Councillors as to the exercise of any of his powers or of the powers of the local authority, he shall refer the matter to the Menteri Besar or Chief Minister of the State whose decision thereon shall be final and binding on the local authority.

(8) The Mayor or President may grant leave of absence to the Councillors for such period and upon such terms as the State Authority may determine.

(9) Each Councillor and any person appointed to any committee under section 28 shall be paid such salaries or may be paid such allowances as the State Authority may determine.

 9  Power of State Authority to issue directions(1) The State Authority may from time to time give the local authority directions of a general character, and not inconsistent with the provisions of this Act, on the policy to be followed in the exercise of the powers conferred and the duties imposed on the local authority by or under this Act in relation to matters which appear to the State Authority to affect the interests of the local authority area, and the local authority shall as soon as possible give effect to all such directions.
(2) The local authority shall furnish the State Authority with such returns, accounts and other information with respect to the property and activities of the local authority as the State Authority may from time to time require.

Iskandar Puteri City councillors give mayor till Raya to explain alleged abuse of power

Published 3 days ago on 26 May 2019

Iskandar Puteri City councillors lodge a formal complaint at the council’s headquarters in Johor Baru May 26, 2019. — Bernama pic

JOHOR BARU, May 26 — Iskandar Puteri City Council (MBIP) councillors are giving Mayor Datuk Adib Azhari Daud until this Aidilfitri to explain allegations of power abuse over the Taman Nusantara Ramadan Bazaar, near Gelang Patah, licencing issue.

Councillors representative, Mohd Azam Mektar, who is also a councillor of Gelang Patah Zone 9, said Adib's move to overturn the decision of the MBIP Licensing Committee meeting, which he (Adib) chaired himself on April 18, is seen as an act of sabotage against MBIP councillors and the state government.

Mohd Azam went on to explain that in that April 18 Licensing Committee meeting, a decision was made to approve 100 Ramadan bazaar lots at the Jalan Nusaria 4/7 carpark in Taman Nusantara, a decision which was later endorsed on April 28.

“This particular area was a replacement to the original suggested area in Jalan 2/1, which drew protests from shop traders in the vicinity on the grounds that the bazaar activity would disrupt their business,” he said after the MBIP full board meeting, here today.

“However, MBIP's Licensing Department rejected the early applications from 47 traders to participate in the bazaar because the mayor wanted to amend the organising rights,” he added.

Following this, councillors from the affected zone took the initiative to discuss the matter with the mayor, who agreed to grant only 30 licences, despite the 100 agreed earlier in the April 18 licensing committee meeting.

Mohd Azam said councillors also received public complaints of a Ramadan bazaar operating without permits and licences on Jalan 2/1, which is the site of the earlier proposed site that later was shelved due to protests shopkeepers there.

He said the councillors are raising these allegations (abuse of power) because the mayor had failed to provide a proper explanation over the matter, which he added could be detrimental to his (mayor) credibility, and secondly to ensure these sort of situations do not recur. — Bernama

Afy, a SOSMA victim, at police 'buka puasa' saying SOSMA helped him? Re-education during detention? JOKE?

Afy, 33 - a victim of SOSMA who wants Malaysia to keep SOSMA, POCA and POTA ...a 'JOKE" or what? Or maybe he simply says this because of ...???

Afy, a civil servant(penjawat awam), arrested and allegedly detained for investiugation under SOSMA for 28 days ....and, guess what, it must have been a 'mistake' for he was not thereafter charged for any offense? So, he was a VICTIM - will be like MP Maria Chin be compensated? ...or he will not...after all, he is no MP or politician of the ruling parties that form government, is he? [I say COMPENSATE all victims of the administration of criminal justice system - it will DETER police and/or prosecutors from abusing their powers..

28 days in police Detention
- Many employees may just lose their jobs (well Afy was a civil servant - so, likely he did not lose his job...) '
-if they are daily paid, then they do not get paid for the days that they did not work...
- If they ran their own business like selling mee, then no income for 28 days..
- Will the 28-day Detention prejudice him with regard to promotion, etc...? 

Police feel bad - so invite SOSMA deteinees to hotel functions?

Looks like the police are maybe feeling bad, so they now invite Afy(and maybe family) to their 'Break fast party at a Hotel' ['Majlis Iftar Ramadhan Bahagian Counter Terrorism, Cawangan Khas (E8) bersama bekas tahanan militan di Hotel Seri Pacific']

Who is paying for this? Is it the people's money(Duit Rakyat} or is it funded by donations from these policeman... such an event at the Hotel is expensive - better to have just had it in some community hall or hall? [Home Minister Muhyiddin - who is paying for such makan-makan? We are curious?...]

Wonder whether the police is inviting all the people who have wrongly became the victim of SOSMA? ...Or who have wrongly arrested, detained,...and then determined to be 'innocent' - 'not guilty?'

Stop calling him a 'former militant...or former terrorist" - unless already convicted by court

Calling Afy a 'former militant detainee' (bekas tahanan militan) is really wrong - it can be 'defamatory'...How would you be liked to be known as 'former corruption detainee' ...'former criminal detainee..' - Afy is an innocent man, a victim of the police using SOSMA... If they wanted to ask questions...they could have just called him in and investigated...no need to lock up for 28 days...see how Najib, Rosmah and others were dealt with....

Why is this 'Afy' talking to the press about keeping SOSMA? 

He hides his name....and his face... So, is he being threatened? Will be be again arrested and this time charged...which means no Bail until his trial is over maybe in years...and maybe the court finds him not guilty?

SOSMA gives police too much power ....and this a power that can be abused..

SOSMA gives police the power to detain for 28 days (no need to convince the Magistrate for remand orders - a letter from a fellow policeman is enough...'...a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation...'

- gives power for police to be able to abuse detention ...maybe even 'torture'...after all, NO Magistrate monitoring that detention to ensure no abuse and that detention really for investigation purposes only and not for other purposes including 'counselling' or 'brain-washing'.....no Magistrate monitoring to ensure no 'TORTURE"...

Should our 'Afy' even be arrested...and detained for 28 days? 

Police supposed to arrest and investigate ...and then charge in court - but here, it seems the police did what it was not supposed to do...'...we believe that the detention had made him aware that the activities of the IS group do indeed threathen national security and we are confident that he was thankful when he did not 'slip' and join Mahmud...- a rough English translation of -

“Kita percaya penahanan tersebut telah menyedarkan dia bahawa aktiviti kumpulan IS memang mengancam keselamatan negara dan kita juga yakin dia bersyukur apabila tidak terlanjur menyertai Mahmud,”

Is SOSMA detention now for COUNSELING servives...or for creating awareness - it should not be, only for investigation purposes...not for 'brain-washing', not for any other purpose...

ABOLISH SOSMA...ABOLISH POCA, POTA ...ALL DETENTION WITHOUT TRIAL LAWS..

 

See related posts:-

SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?

Malaysian Bar - SOSMA Must Not be Abused to Quell Dissent - condemns arrest of Maria Chin?

Bar Resolution for the Repeal of the Prevention of Crime Act 1959 and All Detention Without Trial Laws, and Provision for Compensation for Deprivation of Liberty of the Innocent 

Najib do not have to spend time in prison awaiting trial - but about 17,000 have to? NOT JUST? REFORMS needed.

Mohd Azis Jamman '...firmly believes that the law[SOSMA] is good' - REMOVE HIM FROM CABINET?

Jangan mansuh SOSMA, POCA, POTA- bekas tahan militan

AYOB Khan beramah mesra dengan bekas tahanan militan di Hotel Seri Pacific, Kuala Lumpur, semalam.

Naimah Mohamed

19 Mei 2019 12:06 PM 

KUALA LUMPUR 19 Mei - Jangan hapuskan SOSMA, POCA dan POTA.

Itu saranan bekas tahanan militan yang hanya mahu dikenali sebagai Afy, 33 tahun.

Katanya, Akta Kesalahan Keselamatan (Langkah-langkah Khas) 2012 (SOSMA), Akta Pencegahan Jenayah (POCA) 1959 dan Akta Pencegahan Keganasan 2015 (POTA) perlu di negara ini bagi membendung jenayah.

Kakitangan kerajaan yang pernah ditahan di bawah Akta SOSMA pada tahun 2014 itu berkata, akta-akta tersebut sekiranya digunakan pada masa serta individu yang betul sememangnya perlu.

“Walaupun saya pernah ditahan, saya lihat akta itu mampu membendung aktiviti keganasan terutamanya yang melibatkan keselamatan negara, mungkin hanya perlu ditambah baik, namun bukan dimansuhkan terus,” katanya.

Beliau berkata demikian ketika ditemui selepas Majlis Iftar Ramadhan Bahagian Counter Terrorism, Cawangan Khas (E8) bersama bekas tahanan militan di Hotel Seri Pacific di sini semalam.

Menurut Afy, berada di dalam tahanan selama 28 hari memang mendatangkan kesan mendalam terhadapnya, lebih-lebih lagi apabila dia mendakwa tidak pernah terlibat dengan sebarang aktiviti militan.

“Apa yang berlaku selama 28 hari itu pada mulanya menimbulkan rasa marah, kesal dan sedih, namun selepas saya dibebaskan saya lebih faham mengapa ia wujud.

“Saya disyaki terlibat dengan aktiviti militan kerana kerap mengikut pertubuhan bukan kerajaan (NGO) ke negara bergolak seperti Syria, dan ketika ditahan di Sabah, mereka syak saya mahu ke Selatan Filipina untuk menyertai kumpulan militan di sana,” ujarnya.

Bagaimanapun, sumber polis berkata, siasatan awal mengesahkan Afy ditahan kerana pernah terlibat dalam mengikuti usrah kendalian Dr. Mahmud Ahmad, iaitu anggota kanan Daesh yg terbunuh di Selatan Filipina.

“Ketika ditangkap di Sabah, kita syaki dia mahu ke Selatan Filipina untuk menyertai sel Daesh Mahmud.

“Kita percaya penahanan tersebut telah menyedarkan dia bahawa aktiviti kumpulan IS memang mengancam keselamatan negara dan kita juga yakin dia bersyukur apabila tidak terlanjur menyertai Mahmud,” jelasnya. - UTUSAN ONLINE, 19/5/2019

Tribunal ENDs...former EC Coms 'not guilty'? redelineation exercise OK? No risk of new Elections?

Tribunal decides to not proceed to look at the alleged misconducts of Election Commission(EC) members - Why? Because the 6 commissioners have already resigned...no more EC Commissioners now...

The tribunal looking into the alleged misconduct of six former members of the Election Commission (EC) in the 14th general election ended its proceedings abruptly, declaring it "an exercise in futility."

In a three-two decision, the panel members held that the tribunal will not go ahead with its hearing today as the matter has been rendered academic.

Tribunal chairperson retired Federal Court judge Steve Shim Lip Kiong said a final analysis of matters raised before the panel showed no good reason on grounds of public or national interest to proceed with the hearing to seek the removal of the six commissioners who had resigned from their positions.

So, does that mean that even if they did WRONG - since they resigned before being terminated/removed - they can still continue receiving all their benefits 

The tribunal tasked with investigating the conduct of six former Election Commission (EC) members can recommend that their post-retirement gratuity be revoked if wrongdoings are established, said attorney-general Tommy Thomas.- Malaysiakini, 28/2/2019

Conclusions about  EC 6

- those 6 EC members did no wrong?  - Nothing wrong if EC members today and in the future do the same...?

- Records(historical records) will show they resigned - not 'removed' for misconduct or doing wrong as EC members....(May be seen as their resignation was caused because of a new government coming into power - ...

- They will still get 'post-retirement gratuity' and other benefits due... 

SHOULD NOW THE PAKATAN HARAPAN GOVERNMENT APOLOGIZE TO THESE 6 PERSONS - Othman Mahmood, Mohd Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, K Bala Singam, and Leo Chong Cheong? Should the 6 also be compensated?

What was the TRIBUNAL supposed to look at?

The panel was initially set up to hear 13 charges of alleged misconduct against the six former EC officers over their role in preparing a controversial redelineation report and the manner in which GE14 was conducted.

This was the very REDELINATION REPORT that was passed by Parliment, and was put into force on March 2018 - resulting in changes in electoral boundaries -

SO, if the Tribunal proceeded and found that the 6(or less) EC Commissioners failed to prepare that REPORT according to law - then that very report may be INVALID - hence, maybe then the whole changing of electoral boundaries were INVALID - Hence, the elections in those affected Constituencies may be also INVALID - so, there may be a need for a RE-ELECTIONS in all Constituencies affected by the controversial redelineation report - it was  really not a simple 'Domestic Inquiry" - 

Many have made a lot of allegations against EC members - are they all simply 'baseless' allegations or are in fact true? - That would have been what the Tribunal looking into and determining ...was the 'report' concerning delineation VALID if it was tainted by wrongs brought about by EC Commissioners? ...And if the REDELINATION REPORT was tainted and invalid - would that make the redelination exercise invalid - hence maybe some of the constituencies affected may really have a re-election based on the previous boundaries ? - SO, it is very serious - and could lead to new Elections in certain Constituencies.

The tribunal would have also provided us with a guideline of how to determine whether an EC Commissioner/Officer abuses his/her power...as the consider allegations against the 6 EC Commissioners..

It will show us also how EC abused powers during the last General Elections...

All this would have helped us REFORM ...IMPROVE...plug holes...and most importantly send a clear message to not just EC members, but also others who are appointed by the King, that simply 'resigning' will not mean the end of it...and all past wrongdoings when in office can be covered up...and you will still be paid pensions/gratuities/etc.. 

Will the former Attorney General also be subjected to investigations? Will the former Chief Justices, judges also be subjected to investigations?

OR will mere 'resignation' save them from such investigations and even other actions to ensure justice...

Remember, in this case, the TRIBUNAL was formed on 17 Oct 2018. The day after 5 of the Commissioners tendered their resignation. The remaining one did so a month later ...BUT their resignation was to take effect on 1/1/2019 > so they continued receiving the salary/allowances/benefits...until the end of the year... 

Putrajaya had announced the setting up of the tribunal on October 17 last year to seek the removal of six former Election Commission (EC) members.

Five of the EC commissioners — Tan Sri Othman Mahmood, Datuk Md Yusop Mansor, Datuk Abdul Aziz Khalidin, Datuk Sulaiman Narawi and Datuk Leo Chong Cheong — then resigned the following day.

The last remaining commissioner, Datuk K. Bala Singam, resigned on November 27.

All their resignations took effect on January 1 this year.

When the Tribunal decided as it is ....what will happen now? Will the AG and the PH government do anything further ...was this all a 'sandiwara' or a 'show" - noting that risk is that the Truth may lead to a re-elections in all Constituencies affected, and if this happens PH may not have the same support they had in May 2018... 

I ask myself why the panel members accepted their appointment to this Panel ...and did not elect to resign earlier...? They knew what the panel was all about - they would also have known long time ago that all 6 EC Commissioners had resigned(or maybe the panel members did not know)... 

So now, maybe we need a NEW Tribunal or maybe a 'Royal Commission of Inquiry" with new mandate...(or same)..

- If the actions/omissions of the said EC Commissioners made the REDELINATION REPORT invalid(void ab initio)  - then the fact that may mean RE-ELECTIONS in all affected Constituencies must not deter us...

- POSITIVELY, if that Re-delination Report was invalid, so too will be the entire exercise, and we do not have to wait for 8 YEARS to undo the 'gerry mandering' and injustices caused by past ECs...it could be done NOW

The next redelineation of the electoral boundaries in the peninsula is only due in 2026, says Deputy Minister in the Prime Minister’s Department Hanipa Maidin.

He said if the exercise was necessary for the next general election, amendments have to be made to the Federal Constitution and have to be passed with a two-thirds majority in Dewan Rakyat.

He said Article 113 of the Federal Constitution stated that the Election Commission (EC) could only conduct a redelineation exercise after eight years from the date of the last exercise or if there was a change in the number of parliamentary seats under Article 46.

The current electoral boundaries were approved in Parliament in March, two months before the GE14.  

In the delineation exercise, 98 parliamentary seats out of 165 involved were affected while 28 state seats had their names changed. - Star, 22/11/2018

3-2 decision: Tribunal ends hearing on ex-EC members, calls it futile exercise

Alyaa Alhadjri  |  Published: Today 11:24 am  |  Modified: Today 11:24 am

   

The tribunal looking into the alleged misconduct of six former members of the Election Commission (EC) in the 14th general election ended its proceedings abruptly, declaring it "an exercise in futility."

In a three-two decision, the panel members held that the tribunal will not go ahead with its hearing today as the matter has been rendered academic.

Tribunal chairperson retired Federal Court judge Steve Shim Lip Kiong said a final analysis of matters raised before the panel showed no good reason on grounds of public or national interest to proceed with the hearing to seek the removal of the six commissioners who had resigned from their positions.

"In the final analysis, the fundamental question is this: is it in the public and national interest to spend so much time, energy and expense merely to seek the removal of the six officers when they have already removed themselves, whether voluntary or otherwise, from the EC?

"The answer in my view is obvious... it is an exercise in futility," he added.

The panel was initially set up to hear 13 charges of alleged misconduct against the six former EC officers over their role in preparing a controversial redelineation report and the manner in which GE14 was conducted.

The six former EC officers are Othman Mahmood, Mohd Yusop Mansor, Abdul Aziz Khalidin, Sulaiman Narawi, K Bala Singam, and Leo Chong Cheong.

Tribunal members Zaleha Zahari and Suriyadi Halim Omar concurred with Shim's views to make up the majority recommendation.

Two other panel members who dissented, Jeffrey Tan Kok Wha and Prasad Sandosham Abraham, recommended that the panel proceeds with its set mandates.

Tan (photo) said despite the EC members no longer holding office when the tribunal commenced its hearing, the tribunal should still have discretion to proceed on grounds that the case is a matter of national interest.

He also noted that a recommendation by the panel for the EC members to be removed, if accepted, would change their resignation status from voluntary to involuntary and would thus affect their eligibility to draw pensions and other benefits.

Similarly, Abraham argued that the matter is not academic on grounds of possible impact on the six former EC members.

"A removal will lead to a loss of their benefits and the respondents will no longer be known as EC commissioners who took early retirement.

"There lies the issue which is still alive," said Abraham.

On Oct 17 last year, the government had reportedly begun the process of setting up the tribunal.

A day later, five members of the EC announced their resignation from office.

The one remaining member, Bala Singam, tendered his resignation on Nov 27, last year.

Lawyers for the six respondents previously said the hearing should not proceed as the king had approved their applications to shorten their terms.

However, Thomas had said their resignations were done to impede the tribunal's investigations. - Malaysiakini, 24/5/2019

AG: Ending tribunal hearing against ex-EC officers is disappointing

Premature end to EC tribunal doesn’t serve public interests, says Fahmi

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Chan Kok Leong Updated 2 hours ago · Published on 24 May 2019

Lembah Pantai MP Fahmi Fadzil says prematurely ending the tribunal on alleged misconduct by election commissioners during the last elections does not satisfy the people's need for answers. – The Malaysian Insight file pic, May 24, 2019.

THE premature end to the tribunal on alleged misconduct by election commissioners during the last elections leaves a bitter after taste for those seeking answers, said Fahmi Fadzil.

“While the public at large may accept that the Election Commission (EC) commissioners in question have since quit their posts, it does not satisfy our need for answers on how the redelineation process was allowed to take place in the manner we witnessed.

“The public needs to know how is it that the kind of gerrymandering – ultimately aimed to keep Barisan Nasional in power – can be stopped from recurring in the future,” the Lembah Pantai MP told The Malaysian Insight today.

“More importantly, the public needs to know what are the steps that the current EC will take to correct the imbalances caused by that redelineation exercise in order to realise the principle of ‘one person, one vote’,” said the PKR communications director.

The tribunal investigating allegations of misconduct during the 14th general election by six former EC commissioners decided not to continue today because the matter had become purely academic.
Tribunal chairman and retired Federal Court judge Steve Shim said the six people in question had already stepped down and that public interest would not be served to spend more resources on the matter.

Meanwhile, Bersih 2.0 resource person Wong Chin Huat said having the tribunal itself has sent a strong signal to all public servants that they will be held accountable for their actions.

“While the Attorney-General’s Chambers has managed to convince only two out of five tribunal panel members, and not a majority to pursue the proper tribunal, it has nevertheless sent a strong signal to all public servants that they may be accountable some day for actively betraying their mandates or passively abdicating their duties.

“The days of impunity for high-level misconduct is over and future public servants may not be so lucky,” said Wong.

He said the previous commissioners, including the former chairman, had escaped this process by resigning.

“Even if they had made contributions earlier in their services as civil servants, their last stint at the EC would be the one that defines their career records.

“As such, I applaud the attorney-general, Tommy Thomas and all parties for their efforts in various ways to hold the other six accountable.” – May 24, 2019. Malaysian Insight

AG: EC tribunal fair, officers in service when alleged misconduct took place

Published 3 months ago on 30 January 2019

By Emmanuel Santa Maria Chin

A ballot box sits on a table at a polling station during the general election in Kuala Lumpur May 9, 2018. — Reuters pic

KUALA LUMPUR, Jan 30 — Attorney General (AG) Tommy Thomas today defended the tribunal investigating six Election Commission (EC) commissioners for alleged misconduct before and on polling day during the 14th general election, as the officers were in service during the period that is being probed.

He said the six commissioners, albeit having already resigned from their positions, were still subject to the outcome of the tribunal proceedings.

“The relevant period of time that the Tribunal is tasked to investigate is before and on polling day (May 9 last year).

“The members were then in office, and it is their conduct then that is being investigated,” he said.

Thomas clarified the first mandate of the tribunal was to investigate and establish actions on the part of the EC members to determine whether they amounted to misconduct.

The tribunal would then, if satisfied, make recommendations to the Yang Di-Pertuan Agong on the appropriate action to be taken against those found guilty, which includes their removal from office.

“By virtue of these mandates, the tribunal must first carry out an investigation into their conduct as stated in the 13 charges against them to determine the facts as to the issue of misconduct.

“These are very serious charges which, if established, will demonstrate personal culpability on the part of the EC members for the way in which GE14 was organised,” Thomas said in his statement.

Putrajaya had announced the setting up of the tribunal on October 17 last year to seek the removal of six former Election Commission (EC) members.

Five of the EC commissioners — Tan Sri Othman Mahmood, Datuk Md Yusop Mansor, Datuk Abdul Aziz Khalidin, Datuk Sulaiman Narawi and Datuk Leo Chong Cheong — then resigned the following day.

The last remaining commissioner, Datuk K. Bala Singam, resigned on November 27.

All their resignations took effect on January 1 this year.

Thomas also suggested the resignations of the officers was a clear deliberate move to frustrate investigations, and to “avoid the ignominy” of being removed from their positions and its following consequences. 

“The resignations were tendered immediately after it was reported that the government had begun the process of establishing such a tribunal, and yet, were ‘post-dated’ unilaterally by the EC members to take effect on January 1, 2019,” he said.

Thomas then added a dose of reality for those implicated, saying the outcome of the tribunal could potentially have a direct financial effect on the officers if found guilty.

“The outcome of the tribunal proceedings can potentially have direct financial implications to the EC members’ entitlements to pension and other benefits, which will accrue to them on resignation, but may not be payable if they are removed.

“Ultimately, the tribunal is free to decide on the preliminary issue as it wishes, and to make recommendations to His Majesty,” he added in reference to the Agong.

Yesterday, 28 March, the Election Commissions (EC)'s redelineation report was passed in the Dewan Rakyat

The report was passed with 129 MPs in favour, while 80 voted against it. Seven MPs from both government and opposition were allowed to debate for 10 minutes before the report was passed.

According to The Malaysian Insight (TMI), opposition MPs protested against the report after it was tabled at the Parliament yesterday.





Lim Guan Eng, Lim Kit Siang, and Datuk Seri Wan Azizah were among others who protested against the redelineation bill.

Image via The Malaysian Insight




The report will be presented to the Yang di-Pertuan Agong for his assent, and it will be gazetted into law once the assent is given. Here's all you need to know about it:


1. What is delineation?



Sarawak's redelineation exercise in 2015.
Image via Bersih

Also known as delimitation, delineation is the drawing of electoral boundaries in order to prevent uneven distribution of voters across constituencies.

Simply put, delineation ensures citizens in each constituency are equally represented, regardless of its population. This is to avoid having a group of voters in one constituency being entitled to larger representation in government than other constituencies.


2. Why did the EC propose the redelineation?



The EC's redelineation report which was previously embargoed.

Image via Twitter



The Star reported that the EC was considering the massive increase in number of residents and registered voters in Selangor, among other reasons.

The number of voters have also increased by 51.8% since the 2003 redelineation exercise.

Prime Minister Datuk Seri Najib Razak was also quoted by The Star as saying that the boundaries created by the 2003 redelineation have been used in the last three general elections.

"Seeing that the eight-year period has already passed, the EC therefore has conducted the redelineation exercise," he added.

3. Which state will be the most affected by this redelineation exercise?

Malay Mail Online (MMO) reported that the redelineation mostly changes the electoral boundaries in Selangor, with five parliamentary seats and nine state seats being renamed.

According to The Star, the top five constituencies that will experience the biggest growth in voters are:

DAP - Damansara (76.16%)
PKR - Petaling Jaya (62.6%)
DAP - Beruas (55.05%)
DAP - Klang (40.33%)
DAP - Bukit Bintang (30.99%) These constituencies were previously won by Democratic Action Party (DAP) and Parti Keadilan Rakyat (PKR) in the 13th general election.

Malaysiakini reported that this scenario could lead to Barisan Nasional (BN) taking seven state seats from both Pakatan Harapan and Parti Islam Se-Malaysia (PAS) by default.

4. How can the growth in voters in a certain constituency lead to the win or loss of a party?




For this illustration, if you're voting in Kapar, the weight of your vote is only a quarter of another voter in Sabak Bernam.

Image via Twitter

Although the delineation exercise aims to ensure voters are equally represented, it is impossible to have totally equal number of voters in each constituency as issues such as rural weightage and fair representation have to be taken into account.

The Malaysian Bar gave an example to illustrate this scenario. The electoral boundaries of a rural area cannot be too big, as it would be hard for a representative to reach out to all registered voters in that area.

However, this could be easily abused to give advantage to a certain party. After redelineation, a party could win in a constituency with fewer voters.




Image via Washington Post

An NGO, Tindak Malaysia also published a comprehensive map of Selangor's electoral boundaries after redelineation.

They alleged that BN may take over the Selangor government despite winning fewer seats.



Image via Tindak Malaysia

For a simpler depiction, here's a video on how the practice may affect constituencies unfairly:

5. Why are some parties opposing the redelineation exercise?

MMO reported that Bukit Gasing assemblyman Rajiv Rishyakaran claimed the redelineation will give BN an advantage in Selangor during the 14th general election (GE14).

Seri Andalas assemblyman Dr. Xavier Jayakumar was also quoted by MMO as saying that it was disrespectful of Parliament Speaker Tan Sri Pandikar Amin Mulia to allow the redelineation report to be tabled, as there were ongoing court cases against the exercise.





Image via Malay Mail Online

Yesterday, a group of Bersih supporters also protested against the exercise outside the Parliament, claiming that it will redraw electoral boundaries to create more ethnic majorities.

[PHOTOS] Bersih Supporters Protest Against Electoral Map Changes Outside The Parliament

Prime Minister Datuk Seri Najib Razak was expected to table the redelineation report at 11.30am today.

says.com

Furthermore, amidst accusations of increased ethnic segregation, EC chairman Tan Sri Mohd Hashim Abdullah told New Straits Times (NST) that the EC did draw constituency boundaries along racial lines.

"We cannot simply divide an ethnic group in any particular area," Hashim was quoted as saying by NST.

"We cannot put half of the community in one constituency and the other half in another. As best as we can, we try to keep them together," he added.



EC chairman Tan Sri Mohd Hashim Abdullah.

Image via Malay Mail Online

Earlier today, 29 March, the Court of Appeal denied the Selangor government's appeal to challenge the redelineation exercise

Court Of Appeal Rules Against Selangor Govt's Bid To Challenge EC's Redelineation Exercise

A three-judge panel unanimously ruled that the courts have no jurisdiction.

says.com Free Malaysia Today reported Hashim as saying that the new electoral boundaries will be applied in GE14 once it is gazetted.

In a statement published by the Attorney General's Chambers, the Yang di-Pertuan Agong has ordered the redelineation to be enforced today, 29 March.