Elmina Tragedy - Unanswered questions about Pahang State government spending? Investigate not just the crash, but also the people in the plane?

Elmina airplane tragedy - condolences to the families and friends of the deceased.

One of the passengers was a Pahang State Exco member, allegedly on official State business in Langkawi.

The chairman of the Pahang Local Government, Housing, Environment, and Green Technology Committee, Datuk Seri Johari Harun, 53, was on board the aircraft that crashed in Bandar Elmina, Shah Alam for official business. This was confirmed by the Speaker of the Pahang State Assembly, Datuk Seri Mohd Sharkar Shamsudin ... "Datuk Johari was on the plane for official matters; he had a meeting with the Pahang Menteri Besar (Datuk Seri Wan Rosy Wan Ismail) in Langkawi.

What official business? Meeting of State Exco with the Menteri Besar of Pahang in Langkawi - not somewhere in Pahang? People deserve answers and transparency.

The Plane - was the flight ticket of the State Exco paid for by the Pahang Government? Was the whole flight paid by the Pahang State Government? It is not a flight where anyone can purchase seats - maybe have to rent the whole plane. So, who were the other passengers and how were they related to the Pahang State Exco member? Who paid is another important question? If it was someone else, then it may be a possible corruption offence???

As we mourn the victims of the tragedy - we did not want to raise relevant questions that goes towards usage of peoples' monies by the Menteri Besar and its exco members of Pahang?

Why go all the way to Langkawi for a meeting with the Pahang MB himself? How much monies was 'wasted' - which could have been saved if the meeting was in Kuantan or somewhere in Pahang?

How much monies saved if he took a normal flight, as there are many airlines that fly from Langkawi to Subang/KLIA every day?

Malaysia has over RM1 trillion in debt > and how much of DEBT has Pahang State government have. The responsible conduct is to SAVE MONEY in such 'official business' > and monies saved can be used to help the poor. {Remember Pahang is ruled by the Anwar's 'unity government' now????)

TRANSPARENCY AND ACCOUNTABILITY NOW...it is not only 'stealing' peoples' monies that we don't want. We also do not want a 'wasteful spending' of the peoples' monies...

Maybe, MACC and the police need to investigate the passengers, and determine whether there was any abuse of powers, corruption or ....

Johari was returning from official state business in Langkawi- Pahang State Assembly Speaker [NSTTV]

By Ruwaida Md Zain - August 17, 2023 @ 11:47pm

KLANG: The chairman of the Pahang Local Government, Housing, Environment, and Green Technology Committee, Datuk Seri Johari Harun, 53, was on board the aircraft that crashed in Bandar Elmina, Shah Alam for official business.

This was confirmed by the Speaker of the Pahang State Assembly, Datuk Seri Mohd Sharkar Shamsudin who addressed the media in the compound of the Tengku Ampuan Rahimah Hospital Forensic Department (HTAR), here today.

"Datuk Johari was on the plane for official matters; he had a meeting with the Pahang Menteri Besar (Datuk Seri Wan Rosy Wan Ismail) in Langkawi.

"I was initially surprised when I heard the news because we have many individuals named Johari. We have Johari Harun, Johari Hussein (member of the Tioman State Assembly). I didn't know which one.

"However, when we found out that his identity card began with the year 1970, meaning he was 53 years old, we could deduce that it was Johari Harun who had passed away," he said.

He described Johari, an exco member of the state, as diligent who had contested for the first time as a representative.

Further commenting, he mentioned that they were supposed to have a routine meeting with the Pahang state government exco members on Wednesday, but he did not meet Johari that day.

According to him, they last met the previous week during a programme and the late Johari would always seek opinions and advice about politics from him.

"We were supposed to meet him yesterday and this was a regular routine where I would be at the office on Wednesdays to communicate information to specific exco members. He would always respond and come but yesterday he was quiet (without any news).

"All of this is fated by Allah. He knows best and we are deeply saddened to lose a young figure with such big potential," he said.

Meanwhile, he mentioned that all matters related to the late Johari, including transportation and burial, will be fully covered by the state government.

He also commented that he had been asked about the vacant Pelangai State Assembly seat, and he had not yet received an official letter on it before notifying the Election Commission.

Earlier, Selangor police chief Datuk Hussein Omar Khan confirmed that 10 individuals, including Johari, were killed, involving eight passengers and the aircraft's crew.

Two more victims were civilians in a car and a motorcycle passing through the area when the plane crashed.

Hussein stated that the private plane was en route from Langkawi and was expected to land at 2.50pm but it crashed two minutes before the scheduled landing time.- NST, 17/8/2023

 

Elmina plane crash voice recording ‘clear’, says Loke

Transport minister Loke Siew Fook says a preliminary report will be issued in two weeks at the earliest.

Shahrul Shahabudin - 29 Aug 2023, 3:02pm

Ten people were killed when the light aircraft crashed onto the Guthrie Highway near Bandar Elmina in Selangor two weeks ago.

PUTRAJAYA: The Air Accident Investigation Bureau (AAIB) has managed to retrieve the voice recording data from the cockpit voice recorder (CVR) of the aircraft that crashed in Bandar Elmina, Shah Alam, two weeks ago, says transport minister Loke Siew Fook.

The head of the AAIB had travelled to the US last Thursday to send the CVR’s “memory puck”, which contains the voice recording data, to its manufacturer in Florida.

At a press conference here today, Loke said the voice recording is clear, especially the final 30 minutes before the crash.

He said the analysis of the recording will help identify the reasons behind the crash, with a full report only expected to be completed in a year.

“The recording will be analysed and a preliminary report will be issued approximately two weeks from now at the earliest,” he said.

The AAIB head and his team, who are still in Florida because of poor weather conditions, are expected to return to Malaysia on Thursday.

CNN reported that Florida is bracing for “major impact” as Tropical Storm Idalia is expected to rapidly strengthen into a powerful Category 3 hurricane, threatening dangerous storm surge and winds.

An agency under the transport ministry, AAIB managed to remove the “memory puck” containing the voice recording data and sent it to Singapore’s Transport Safety Investigation Bureau’s (TSIB) lab to obtain the voice recording as Malaysia does not have the equipment to do so.

However, the TSIB was unable to obtain the voice recording data as well, leading to the decision to send the CVR directly to its manufacturer in Florida.

The business jet crashed on the Guthrie Highway near Bandar Elmina on Aug 17, killing 10, including Pahang executive councillor and Pelangai assemblyman Johari Harun, 53.

The aircraft was flying from Langkawi to Subang airport and had been cleared to land at 2.48pm but crashed two minutes later. - FMT, 29/8/2023

PUBLIC PARTICIPATION - People in Equador stop new oilwells, and also a gold mining project - When will Malaysia have REFERENDUMS and real public participation?

 PUBLIC PARTICIPATION - Good news for the people of Equador, through a PUBLIC REFERENDUM voted to halt the development of all new oilwells in the Yasuní national park in the Amazon.

And, in a second referendum, citizens in Quito also voted to block gold mining in the Chocó Andino, a sensitive highland biosphere near the capital city, by an even larger margin of about 68% to 31%.

SADLY, in Democratic Malaysia - the government has still failed to use MEMORANDUMS as a means of Public Participation to determine whether the people want a particular development.

As mentioned, in an earlier post, in Malaysia often people do not know about their right to public participation - the incumbent decides 'what is good for the people' - when in reality the people may OBJECT.

The use of government appointed Ketua Kampungs or Area leadership(JAWATANKUASA KEMAJUAN DAN KEMAKMURAN KAMPUNG (JKKK) ORMajlis Pemuafakatan Komuniti Kampung (MPKK) dan KKI ] 

Yes, even Ketua Kampung(village leader) are most times not democratically elected by the people - but politically appointed by the State. Guess what, they are also paid. Now, in Thailand, payment is made to the elected community to help support their activities not to any individual personally

Kerajaan Selangor mencadangkan penyelarasan elaun Ketua Kampung tradisi, ketua kampung baru/bagan serta ketua komuniti India (KKI) daripada RM1,200 sebulan kepada RM1,500 sebulan. - Sinar Harian, 25/11/2022

Before, it was thought the politically appointed community leaders only happened with the Orang Asli - but, in fact, even Malay kampung leaders are politically appointed - not democratically elected by the kampung community,,,

If people participated in the decision making to allow Lynas to build the factory, to allow the government to build the Nenggiri Dam, to allow an INCINERATOR near your homes > DO YOU THINK THE PEOPLE WILL AGREE OR NOT AGREE? However, government paid politically appointed ketua kampungs may agree without even asking the people in the community where he/she is allegedly the 'ketua kampung'?

Look at Local Council(Local Government) websites - do they even have notices asking for public views before they approve some development project? Have a look and maybe the Minister responsible can correct this failings that deny public participation.

Like in Equador, we must have REFERENDUM where people can express their views whether a development ought to be approved or not?

 

Ecuadorians vote to halt oil drilling in biodiverse Amazonian national park

Referendum result protecting Yasuní reserve will benefit huge range of species as well as ‘uncontacted’ Indigenous peoples

Dan Collyns in Quito

@yachay_dc

Mon 21 Aug 2023 18.46 BST

First published on Mon 21 Aug 2023 13.22 BST

Ecuadorians have voted in a historic referendum to halt the development of all new oilwells in the Yasuní national park in the Amazon, one of the most biodiverse regions on the planet.

Voters opted to safeguard the unique biosphere by a margin of nearly 20% with more than 90% of the ballot counted – with more than 58% in favour and 41% against, according to Ecuador’s National Electoral Comission. Voting took place in the first round of presidential elections on Sunday.

The move will keep about 726m barrels of oil underground in the Yasuní national park, which is also home to the Tagaeri and Taromenane people, two of the world’s last “uncontacted” Indigenous communities living in voluntary isolation.

At a time when the climate crisis is intensifying around the world and the Amazon rainforest is fast approaching an irreversible tipping point, Ecuador has become one of the first countries in the world to set limits on resource extraction through a democratic vote.

In a second referendum, citizens in Quito also voted to block gold mining in the Chocó Andino, a sensitive highland biosphere near the capital city, by an even larger margin of about 68% to 31%.

A Petroecuador oil processing centre in Yasuní national park. Photograph: Rodrigo Buendía/AFP/Getty Images

“Today is a historic day! As a Waorani woman and mother, I feel overjoyed with Ecuadorians’ resounding decision to stop oil drilling in my people’s sacred homeland, said Nemonte Nenquimo, an Indigenous Waorani leader and winner of the Goldman prize for the environment.

“Finally, we are going to kick oil companies out of our territory! This is a major victory for all Indigenous peoples, for the animals, the plants, the spirits of the forest and our climate!” she added.

“This victory shows that we humans are taking action to save our planet during these times of climate crisis,” said Leonidas Iza, president of Conaie, Ecuador’s umbrella Indigenous federation.

Pedro Bermeo, founding member of Yasunidos, an activist group that gathered hundreds of thousands of signatures petitioning the referendum, said the vote showed that the “greatest national consensus at this time is in the defence of nature, the defence of Indigenous peoples and nationalities, the defence of life”.

But he warned: “The fight isn’t over. Even if politicians separate us, nature unites us, and we will work together to ensure the government complies with the will of Ecuadorian people.”

The binding referendum permanently bans oil drilling in the Ishpingo-Tambococha-Tiputini (ITT) oil project, also known as oil block 43, located on the eastern edge of the Yasuní national park.

The state oil company, Petroecuador, produces more than 57,000 barrels of oil a day, approximately 12% of Ecuador’s oil production.

The decision comes as a major blow to the fossil fuel industry. Before the vote, economists warned blocking oil drilling in the park would mean more austerity for the cash-strapped country.

Earlier this month, rating agency Fitch downgraded Ecuador’s credit score to CCC+, seven points below investment grade. While it cited the country’s political and security risk, it also estimated a $600m fall in fiscal revenues due to a drop in oil output if the vote succeeded.

The Ecuadorian government is required to halt the operations and dismantle infrastructure within one year, as well as carry out remediation and reforestation.

It is not the first time Yasuní ITT has become a touchstone for the struggle between big oil and protecting the Amazon rainforest in Ecuador. In 2007, the then newly elected president, Rafael Correa, famously offered the world the chance to keep about 850m barrels in the ground at the oilfield.

By creating a fund for half of the oil’s estimated value, $3.6bn, countries would compensate Ecuador for not touching the reserves.

Whether it was a gamble or a publicity stunt, the bid failed to get the money. In 2013, Correa ended the initiative and gave the go-ahead to oil drilling on the 2,000-hectare (4,942-acre) patch of rainforest.

In 1989, Yasuní was designated a world biosphere reserve by Unesco. It covers more than 1m hectares (2.5m acres) and is home to 610 species of birds, 139 species of amphibians and 121 species of reptiles. At least three species there are endemic.- The Guardian, 21/8/2023

Karpal and lawyers threatened to boycott ESCAR trials - SOSMA is just like ESCAR - So repeal it, and ensure all TRIALS are fair and comply with Evidence Act and Criminal Procedure Code.(MADPET Statement)

 

Media Statement – 27/8/2023

Repeal SOSMA, and not make small amendments. Repeal Detention Without Trial Laws – POTA, POCA and DD(SPM)A

Lawyers including late Karpal Singh threatened to boycott cases that used ESCAR (a law like SOSMA)

MADPET (Malaysians Against Death Penalty and Torture) is pleased that the PH-BN government is looking as Security Offences (Special Measures) Act 2012(SOSMA), and may likely restore the bail granting discretion to judges.

At present, the Act enacted by Parliament prohibits bail pending the end of the criminal trial, which means that the accused of any offences listed as SOSMA offences are forced to languish in detention until the end of the trial – this is draconian as it ignores the presumption of innocence until proven guilty.

Further, it is totally unjust for any possibly innocent individual because of denial of bail results in having to languish in detention until the completion of trial, noting that trials in Malaysia can take a long time to end, maybe even years. Imagine the suffering also caused to the family, children and dependents of these possibly innocent accused persons. What happens when they are found not guilty?

Leave it to the judges to determine whether bail be allowed or not, and it is wrong for Parliament by law to steal from judges this power to determine whether bail be granted or not.

It was reported that ‘The federal government has no intention to repeal the controversial Security Offences (Special Measures) Act 2012 (SOSMA), Ramkarpal Singh said today. Instead, the deputy minister in the Prime Minister’s Department (Law and Institutional Reform) said the government plans to introduce two amendments to the law, one of them being the issue of bail.’(Malay Mail, 23/8/2023).

MADPET is disappointed that this PH-led government’s position, as expressed by the late Karpal Singh’s son, is not to repeal SOSMA, and, as such, we reiterate that what is needed urgently is the abolition of SOSMA, not simply making some minor amendments here and there.

All Criminal Trials must comply Evidence Act and Criminal Procedure Code

All persons should equally be given a FAIR TRIAL, in compliance with the existing Evidence Act and Criminal Procedure Code. Now, those accused of SOSMA listed offences are discriminated and not accorded the same fair rights in a trial.

There is no justification for the allowing any exception on the strict compliance of the Evidence Act and Criminal Procedure Codes that ensures the standard for a fair trial in Malaysia. If there is a need, then amend the Evidence Act and Criminal Procedure Code, and apply the same standards and procedures to all accused in all criminal trials.

SOSMA – a violation of constitutional guarantee of equality?

SOSMA is a bad law, similar to the ESCAR (Essential (Security Cases) Regulations, 1975), that violates the right to a FAIR TRIAL, as it provides to provide for special measures relating to security offences, etc including the use and admission of evidence currently prohibited by Malaysia’s Evidence Act.

Noting that our Federal Constitution provides for in Article 8(1) that ‘All persons are equal before the law and entitled to the equal protection of the law.’ SOSMA is a violation of this Constitutional guarantee. It allows for a class of accused persons to be tried differently, not in full compliance with Malaysia’s Evidence Act and Criminal Procedure Code – hence a violation of Article 8.

Even late Karpal Singh and the Bar opposed ESCAR ( a law like SOSMA)

SOSMA, being an Act to provide for special measures relating to security offences, is just like the ESCAR (Essential (Security Cases) Regulations, 1975) which was strongly opposed to the late Karpal Singh, Malaysian lawyers and the Bar. Lawyers threatened the boycott any cases that used ESCAR, that permitted the avoidance of strict compliance of the Evidence Act and Criminal Procedure Code.

The government’s reaction to the Malaysian Bar then was the amendment of the Legal Profession Act 1976, that, amongst others, barred young lawyers (below 7 years of practice) from holding bar leadership positions and being in Bar Committees, an increased quorum for General Meetings.

Hence, the retaining of SOSMA is certainly NOT what lawyers including the late Karpal Singh, and the better Pakatan Harapan of the past wanted.

Hope, that the current PH-led government will revert back to its earlier just position and abolish SOSMA speedily.

SOSMA repealed the ISA, but is not a replacement Detention Without Trial (DWT) law

SOSMA is not a detention without trial law, as all those charged under any SOSMA listed offence will be accorded a TRIAL, whereby prosecution is duty bound to prove in an open court beyond reasonable doubt that the accused is guilty of the crimes he/she was charged with.

In a Detention Without Trial, like the then Internal Security Act (ISA), and the present Prevention Of Crime Act 1959(POCA), Prevention of Terrorism Act 2015 (POTA) and the Dangerous Drugs(Special Preventive Measures Act 1985 [DD(SPM) Act], which are detention without trial laws, there will be NO TRIAL and the accused does not have the opportunity to defend themselves in court. For all SOSMA listed offences, there is a trial.

Confusion may have arisen because the draconian ISA was repealed by Section 32 SOSMA in 2012, which states ‘ (1) The Internal Security Act 1960 [Act 82] is repealed….’, but this certainly does not mean that SOSMA replaces ISA and is a ‘new’ Detention Without Trial law.  It is not.

After ISA repealed, a new law POTA, and POCA’s scope increased resulting wider scope for DWT

What happened after the repeal of the draconian Detention Without Trial laws, ISA in 2012, and the Emergency (Public Order and Crimes Prevention) Ordinance 1969 was repealed in 2013 was that a new DWT Trial law Prevention of Terrorism Act 2015(POTA) was enacted. The existing Prevention Of Crime Act 1959(POCA) was amended in 2014 and thereafter to increase the scope of alleged crimes that would make suspects be subject to detention without trial.

Like ISA, Detention Without Trial laws are draconian also because judicial review or court challenges of the reasons for the arrest, detention or restriction is not allowed.

Hence, not only is there a denial of the right of fair trial, but also the denial of the right to challenge the reasons it was used on you. This facilitates miscarriage of justice, including the possibility that an innocent person being wrongly arrested, detained and restricted. This is why Malaysia must abolish all Detention Without Trial(DWT) laws.

Even if politicians are not victims, Repeal POCA, POTA and DD(SPM)A

Some say that the ISA was strongly opposed by politicians and political parties, after politicians fell victim to this DWT law in Operation Lallang in 1987. So, until politicians fall victim to POCA, POTA or the DD(SPM)A, Malaysian politicians may not repeal these remaining DWT laws. It seems that political parties and government do not care if ‘unknown’ Malaysians become victims of DWT laws. MADPET hopes that this not be the case, and call for the immediate repeal of all DWT laws.

Anwar’s and PH’s ‘reasons’ for not repealing bad laws unacceptable

Some say, that the current PH-led government is backtracking or making U-turns in its commitment to abolish draconian laws or provisions in law because it did not manage to obtain majority in the last General Elections, forcing it to form a coalition government with other parties who do not care about human rights.

This is a lame excuse, as PH managed to win  won 81 seats out of 112 seats required to form government, which means it has more than 50% in Cabinet that is all that is required to table laws, and MADPET believes that there are sufficient non-PH MPs and Opposition MPs that will pass any good laws that promote justice and human rights. Hence, the excuse of PM Anwar Ibrahim’s PH-led government or Pakatan Harapan(PH) for not repealing bad laws is not justifiable, and may not be accepted by the public. Table the required Bills to repeal bad laws, and bad provisions in some laws.

MADPET reiterates the call for the immediate repeal of SOSMA, and all Detention Without Trial Laws, being Prevention Of Crime Act 1959(POCA), Prevention of Terrorism Act 2015 (POTA) and the Dangerous Drugs(Special Preventive Measures Act 1985 [DD(SPM) Act]. MADPET also calls for a MORATORIUM on the usage of these draconian laws pending abolition.

Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

## covered by Malaysiakini, and hopefull will by other media

Deputy law minister says govt will amend Sosma, repeal ‘not in the pipeline’

Deputy minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh speaks at a press conference in Putrajaya August 23, 2023. —Picture by Shafwan Zaidon

By Kenneth Tee

Wednesday, 23 Aug 2023 10:07 AM MYT

PUTRAJAYA, Aug 23 — The federal government has no intention to repeal the controversial Security Offences (Special Measures) Act 2012 (Sosma), Ramkarpal Singh said today.

Instead, the deputy minister in the Prime Minister’s Department (Law and Institutional Reform) said the government plans to introduce two amendments to the law, one of them being the issue of bail.

“We are looking at several aspects, the question on bail is the issue we are looking into now. There are two recommendations. However, in our improvement of the Act, it will proceed in stages accordingly.

“Repeal is not in the pipeline,” he told reporters after flagging off a brisk walk in conjunction with Merdeka this month at the ministry here.

At present, Section 13 of Sosma only allows for bail if the offender facing a security offence is one who is below 18 years, a woman, sick or infirm person.

Introduced in 2012 as a replacement to the colonial-era Internal Security Act (ISA), the equally controversial preventive detention law retained its predecessor's clause which allows for suspects of an investigation to be detained without trial for up to 28 days at a time.

When asked when the Cabinet would deliberate on the matter, Ramkarpal said there was no definite timeline as of yet but did confirm it will be done within this year.

"At this point in time we have more or less completed most of the engagement with stakeholders, so now it's bringing said proposals for [Cabinet's] consideration.

"No timeline but at the earliest," he said.

Earlier this month, Ramkarpal had in an issued statement said the proposed amendments were now jointly being studied by the Home Ministry, the Royal Malaysia Police and the Attorney General’s Chambers.

Prior to the issuance of Ramkarpal's statement, a hunger strike by family members of Sosma detainees in front of the Sungai Buloh Prison had taken place.

Last December, Home Minister Datuk Seri Saifuddin Nasution Ismail defended the retention of Sosma, saying "the law allows the court process to take place,” which led to much criticism from political figures and rights groups over the country’s stance on the protection of human rights.

His stance has put him in conflict with some allies in Pakatan Harapan (PH) as well as civil society groups that have pointed out the apparent hypocrisy in defending the preventive detention law that the coalition previously rejected when it was in Opposition.

Saifuddin Nasution's predecessor, Datuk Seri Hamzah Zainudin had in March 2022 said parties who do not agree with Sosma are those who want to make room for criminals and terrorists to dominate the country.

Hamzah had then too defended the government's stance of retaining Sosma with further amendments to extend enforcement of the 28-day detention period, noting that the law is still relevant and crucial to ensuring public order and national security. - Malay Mail, 23/8/2023

Bail for detainees among recommendations to improve Sosma

Nation
Wednesday, 23 Aug 2023 1:21 PM MYT

PUTRAJAYA: A provision allowing bail for detainees is being considered as part of the recommendations to improve the Security Offences (Special Measures) Act 2012 (Sosma).

Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) Ramkarpal Singh when asked about developments on Sosma said that efforts to improve the Act are now almost complete.

According to him, several engagement sessions with stakeholders including the Home Ministry, the Royal Malaysia Police (PDRM), the Attorney-General's Chambers and family members of Sosma detainees have been held whereby the recommendations received will be presented to the Cabinet soon.

"The recommendation to allow bail (for Sosma detainees) is an issue we are looking into now. Repeal (of the Act) is not in the pipeline but we are looking into improvements," he told reporters after participating in the Merdeka 'brisk walk' activity organised by the law and institutional reform portfolio agency here Wednesday (Aug 23).

Currently, a person arrested under Sosma cannot be bailed except for a juvenile (under the age of 18), a woman or a person who is sick or infirm subject to the discretion of the court.

Ramkarpal said all Sosma improvements will not be implemented in one go but will be done in stages.

In February, Home Minister Datuk Seri Saifuddin Nasution Ismail said the Unity Government did not intend to repeal the Act, but would make improvements.

According to Saifuddin Nasution, it is because PDRM still needs the law so that immediate action can be taken to avoid any public panic and threats to the nation's sovereignty and the well-being of the people.

Earlier in his speech, Ramkarpal called on the members of the Legal Affairs Division (BHEUU) to continue to strengthen the bonds of brotherhood and mutual respect in line with the concept of Madani Malaysia which emphasises unity.

In conjunction with the 66th National Day, BHEUU has organised a number of activities including a Jalur Gemilang (naitional flag) raising ceremony, independence talks and a visit to the Declaration of Independence Memorial in Melaka. - Bernama - Star,23/8/2023

 

Ramkarpal: Abolishing Sosma not in pipeline, govt to improve it instead

Hariz Mohd

Published:  Aug 23, 2023

The government has no intention to repeal the Security Offences (Special Measures) Act which allows detention without trial for 28 days.

Instead, according to Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh, Putrajaya aims to improve the law by introducing several amendments in stages.

"It's not in the pipeline. But we are looking at improvements," he told reporters in Putrajaya this morning when asked if there is any plan to abolish Sosma.

Ramkarpal said the ministry has completed the groundwork in reviewing the act, which included engagement sessions with stakeholders.

While there is no timeline set for the review, the deputy minister said they plan to bring proposals from the engagement sessions to the cabinet soon.

"There is no timeline as such, but as I said, our groundworks are more or less completed. Now we are preparing the summary.

"At this stage, we plan to bring up two main proposals to the cabinet for Sosma improvements. These (the improvements) will not be done at one go, but perhaps in several stages," he said.

The two main proposals include improving Sosma on the question of bail, added Ramkarpal.

Controversial law

Sosma is a controversial law which allows up to 28 days of detention.

While the government has said it was planning to review Sosma provisions, human rights activists have been pushing for a complete repeal.

Family members of 69 Sosma detainees launched a hunger strike outside the Sungai Buloh Prison

Last month, about 100 family members of 69 Sosma detainees launched a hunger strike outside the Sungai Buloh Prison to demand the release of their family members, who are imprisoned without trial.

About 34 detainees are reportedly being held at Sungai Buloh while the remainder are in Alor Setar, Kedah.

Following this, Ramkarpal urged them to remain patient as the government is reviewing improvements to the act. - Malaysiakini, 23/8/2023

Home minister: 624 individuals arrested under Sosma, 195 currently on trial

In a parliamentary reply today, Saifuddin revealed that 195 offenders are currently on trial, with 147 charged under criminal conspiracy, 47 for human trafficking, and two for terrorism. — Bernama pic

By Shahrin Aizat Noorshahrizam

Friday, 03 Mar 2023 11:10 AM MYT

KUALA LUMPUR, March 3 — Home Minister Datuk Seri Saifuddin Nasution Ismail said that 624 people were arrested under Security Offences (Special Measures) Act (Sosma) 2012 last year.

In a parliamentary reply today, Saifuddin revealed that 195 offenders are currently on trial, with 147 charged under criminal conspiracy, 47 for human trafficking, and two for terrorism.

“For the year 2022, the Royal Malaysian Police have arrested a total of 624 people under the Security Offences (Special Measures) Act 2012 (Sosma). Of these, 71 arrested have been charged in court, 401 have been sentenced, 140 have been released and 12 are still under investigation.

“The ethnic breakdown consists of 247 Malays, 83 Chinese, 89 Indians, 47 Other Races and 158 foreign nationals, all aged between 18 to 69 years old,” he said.

Saifuddin Nasution was responding to Sosma questions posed by Perikatan Nasional’s (PN) Tasek Gelugor MP Datuk Wan Saiful Wan Jan and DAP’s Raub MP Chow Yu Hui.

Apart from Sosma, the minister also revealed that 132 people were arrested under the Prevention of Crime Act 1959 (POCA).

Previously, it was reported that the new government is willing to sit down with various stakeholders to review laws that have the potential to be abused for political purposes. - Malay Mail, 3/3/2023

 

Protection of people's right of public participation? ADUNs - Role? Awareness of right of public participation and helping public to participate?

Do we in Malaysia know and want our RIGHT OF PUBLIC PARTICIPATION? 

Do we want to use it and exercise it so we can have our say on development in our area, and even laws, etc? Do we want to personally participate, OR simply want our ADUNs/MPs to participate on our behalf?

In Malaysia, the right of public participation can sometimes be 'STOLEN' from the Rakyat (the people) by political appointees, who decide on our behalf on various issues without even our knowledge, and/or even our participation in the decision making?

In Malaysia, government appoints the members of the Local Government, even Ketua Kampungs and the JKKKK or similar structures, and many a time the feedback of the people are made by these political appointees without even the peoples' knowledge. One example, when the people are against logging in the forest reserve near their kampungs, it is ODD to hear that many political appointed 'ketua kampungs' had signed letters supporting the logging. This is an example of peoples' right of public participation being 'stolen'...

In Malaysia, the right of public participation is sometimes also 'STOLEN' from the Rakyat (the people) by reason that the government and/or government department/agencies failing to PUBLICIZE enough how,when and where we can 'participate' > hence, not knowing, decisions are made WITHOUT PUBLIC PARTICIPATION. What use simply putting notices inviting public feedback on notice boards of some offices - when today, it could be publicized through placement of LARGE banners at prominent places, through the internet and other online means. Evaluate what the government have been doing - by not sufficiently informing the people of how and when they can exercise their right to give their comments/feedback.

Objections to the incinerator in Selangor

A recent media report about objections to an incinerator - well, the newly appointed PH rep says he will raise the people's objection >>> but note that the Selangor have been governed by Pakatan Harapan for some time now.

I believe that No incinerator can be build unless the Local Government(Local Council) says OK - but the problem is that we do not have Local Government elections - so, all them Local Councillors are appointed by the Pakatan Harapan government of Selangor.

Does the State Government have the power to decide and build an incinerator in the State? 

Normally, for such projects, the views of the nearby community is sought > but again the State appointed ketua kampung, or JKKK like committees MAY have given their consent on behalf of the people.

People wake up, check election expenses and statements of ALL Election Candidates and HIGHLIGHT any LIES? Election Expense limit - RM100,000?

The Malaysian People have the OPPORTUNITY to ensure that we had a FREE and FAIR Elections.

Watch out for the notice by the State Elections Officer, of the date and place during which the return(accounts) and statements in question from ALL candidates that contested in the State Elections will be available for inspections by anyone. You can also get copies of the documents at a price.

We want to expose LIES that will be an offence? It will also list where there were campaign activities of 3rd parties like our PM > did they have the required written authorization, and how much was spend for that activity >>> all these are offences.

Law breakers must not escape > Many do not monitor, and after elections over do not CHECK and determine whether any election offences committed by candidate, his agent, and third parties who did campaign without the required authorisation - ALL expenses need to be disclosed, and if any candidate spend MORE than RM100k, it is a serious election offence.

How much did Anwar Ibrahim or the party spend when he campaigned in a particular constituency for a particular candidate? The cost of government helicopter, the cost of the venue and other resources? ALL that other persons spend for the campaign is expenditure of the candidate ...Anyone who campaign or spend anything without the authorization of the candidate or his/her agent commits an offense.

The spending limit is to ensure FREE and FAIR elections - and the limit for the recent State elections was RM100,000 only...

 19  Expenses in excess of maximum to be illegal practice [ELECTION OFFENCES ACT 1954 ]

(1) Subject to such exception as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by a candidate at an election or by his election agent, after the date of publication of the notice of the election in the Gazette, during or after an election, on account of or in respect of the conduct or management of such election, in excess of-

(a) two hundred thousand ringgit in the case of an election to the Dewan Rakyat;

(b) one hundred thousand ringgit in the case of an election to a Legislative Assembly;

(c) ten thousand ringgit in the case of an election to a local authority other than a local council;

(d) three thousand ringgit in the case of an election to a local council:

Provided that paragraphs (c) and (d) shall have no application in Sabah and Sarawak.

(2) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice.

During the campaign period, NO ONE can expend monies for the 'procuring or promoting' the elections of a candidate OTHER than the candidate, the agent, OR persons authorized by the election agent of the candidate...

Example, so when Anwar Ibrahim or any MB or Cabinet member or State Exco or other politicians did anything to campaign for any candidate > they must have the written authorization of the candidate's election agent >>>> so did they have this needed authorization - if not it is an OFFENCE. Did the Statement and Accounts disclose this.

"It's the government's. Hang (you in Kedah lingo) can't use it, the Prime Minister can," he said during his speech at the Segalanya FELDA event held at FELDA Felda Teloi Timur yesterday.

In addition to the helicopter used by Anwar, two more helicopters were observed landing in the public field near the event venue.

The Felda Teloi Timur area falls under the Jeneri State Legislative Assembly seat, which will see Caretaker Kedah menteri besar Datuk Seri Muhammad Sanusi Md Nor defending it.

Yes, at any of this 'so-called' visits, if Anwar had told people to vote the BN-PH candidate - then, the question is whether he got the written authorization of the candidate's agent? This applies to any election constituency or public event in anywhere? If NOT, Anwar has committed an offence under the Election Law.

Now, if Anwar received the written authorization, then within 14 days of the election result > he must submit to the candidate's election agent -- how much monies was spend. (Note this expenditure will be included and considered the candidate's election expenditure for the campaign...)

If Anwar used helicopters, halls, PA System, provided food and drink - all these are expenses. HOW much will this be? It was no longer government business, if it was to get people to vote the candidate....I am of the opinion, even if HE/SHE was there on official PM or Finance Minister's duties, if he said/mention/called that people support or vote for PH-BN candidate, it becomes campaign activity ...and all expenses incurred becomes the candidate's expenses.

YES - every candidate will have to go present his accounts of expenses to the Election Commission, together with supporting documentation possibly also written authorization given to 3rd Parties, including Party President or current PM.

Some candidates MAY LIE - so, it is BEST for us to check accounts and relevant documentation when it made PUBLIC so that we can, amongst others, check to see whether any 'campaign activity' or expense have not been disclosed - so that they can inform the Election Commission that may lead to action taken for this offence _ A candidate or his election agent who '...makes any declaration required by subsection (2) which is false and which he either knows or believes to be false or does not believe to be true, shall be guilty of an illegal practice.'

Our ELECTION LAWs must be complied with, and not made a 'mockery' - action must be taken for ALL offences under this law - irrespective of whether the candidate won the elections or not, and against all third parties irrespective of whether they are now the State Menteri Besar or State Exco, PM or Cabinet member???

 

15A  Prohibition of certain expenses during campaign period 

(1) No expenses shall, with a view to promoting or procuring the election of a candidate, be incurred during the campaign period, by any person other than the candidate, his election agent and persons authorized in writing by the election agent on account-

(a) of holding, convening or organising any open public meeting, open public rally, open public display or open public entertainment or giving open public address or lecture;

(b) of printing or issuing advertisements, circulars or publications; or

(c) of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing, or disparaging another candidate:

Provided that this paragraph shall not-

(i) restrict publication in a newspaper or other periodical of any matter relating to the election;

(ii) apply to expenses incurred by any person in travelling or in living away from home, or to similar personal expenses.

(2) Where a person incurs any expenses required to be authorized by an election agent under subsection (1), he shall within fourteen days after the date of publication of the result of the election in the Gazette send to the election agent a return, accompanied by a declaration made by him (or in the case of an association or body of persons, a director, general manager, secretary or other similar officer thereof) verifying the return and giving particulars of the matters for which the expenses were incurred:

Provided that this subsection shall not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.

(3) The expenses shown in the return referred to in subsection (2) shall be included in the return made by the election agent in accordance with subsection 23(1), and the authority received from the election agent shall be annexed to and deemed to form part of such return.

(4) Any person who incurs any expenses in contravention of this section, or who makes any declaration required by subsection (2) which is false and which he either knows or believes to be false or does not believe to be true, shall be guilty of an illegal practice.

If any candidate( whether he won or lost that spend more than(b) one hundred thousand ringgit in the case of an election to a Legislative Assembly, then he has committed an illegal practice and must be punished according to law..

Now, the law says that 23(1) Within thirty-one days after the date of publication of the result of an election in the Gazette every candidate at that election or his election agent shall deposit with the State Elections Officer a true return, in this Act referred to as the "return respecting election expenses," ....

Thereafter, 

24  Publication of deposit of return, etc.

(1) When any return respecting election expenses and the statements made in respect thereof have been received by the State Elections Officer, he shall, as soon as may be, cause a notice of the date on which the return and statements in question were received by him and of the time and place at which they can be inspected to be fixed in some conspicuous place in his office and published in the Gazette.

(2) The State Elections Officer shall preserve all such returns and statements with the bills and vouchers relating thereto and at all reasonable times during six months next after the publication in the Gazette of the notice mentioned in this section shall permit any person to inspect them and to make extracts therefrom on payment of a fee of ten ringgit and shall, on payment of two ringgit for each folio of one hundred words, supply a copy or copies of any part thereof; and after the expiration of the said period of six months the said documents may be destroyed or returned to the candidate if application for their return is made by the candidate before they are destroyed.

IF YOU SEE ANYTHING MISSING OR FALSE, IMMEDIATELY MAKE A WRITTEN REPORT OF THE WRONGDOING TO THE ELECTION COMMISSION - You should maybe  also make a police report of wrongs that may amount to an election offense - because POLICE definitely can investigate election offenses, and thereafter prosecute.  Election Commission may lack the capacity.... 

WE HAVE A DUTY TO MAKE SURE MALAYSIA HAS/HAD A FREE AND FAIR ELECTIONS - AND IT IS NOT RIGHT FOR ELECTION LAW BREAKERS TO GET OFF SCOT FREE...

See earlier posts:

Make police reports - if not, election offences may never be investigated? New clear laws criminalizing abuse of government resources that undermine FREE FAIR Elections? 

Elections, BERSIH, Free and Fair Elections, Abuse of government resources/powers, Social Media Control?

 

PM Anwar responds to helicopter controversy

By M. Hifzuddin Ikhsan - August 5, 2023 @ 11:03am

Prime Minister Datuk Seri Anwar Ibrahim attended campaign events in Jeneri and Kupang. -NSTP/SYAHARIM ABIDIN

SIK: Prime Minister Datuk Seri Anwar Ibrahim's arrival in the rural areas of this state has drawn significant attention as he opted to use a helicopter, including for programs in Jeneri and Kupang last night.

This choice of helicopter transport also garnered criticism from caretaker Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor, during his campaign speech, where he suggested that the Prime Minister should be able to use other ground transportation options.

Responding to the criticism, Anwar, who is also the Finance Minister, emphasised his right to utilise this facility due to his position as the Prime Minister.

"They got upset when I took a helicopter to Jeneri. Why use a helicopter? Well, this helicopter belongs to the government.

"It's the government's. Hang (you in Kedah lingo) can't use it, the Prime Minister can," he said during his speech at the Segalanya FELDA event held at FELDA Felda Teloi Timur yesterday.

In addition to the helicopter used by Anwar, two more helicopters were observed landing in the public field near the event venue.

The Felda Teloi Timur area falls under the Jeneri State Legislative Assembly seat, which will see Caretaker Kedah menteri besar Datuk Seri Muhammad Sanusi Md Nor defending it. Sanusi also holds the position of election director for the Perikatan Nasional (PN) coalition in the upcoming State General Election (PRN) on August 12.

For the record, he won the seat for the first time in 2018 and will face a one-on-one contest against the Barisan Nasional candidate, Datuk Muhamad Khizri Abu Kassim, who is also the chief of the UMNO Sik Division. - NST, 5/8/2023