Showing posts with label Prime Minister. Show all posts
Showing posts with label Prime Minister. Show all posts

Thursday, July 30, 2020

PM Muhyiddin - Pendapatan bulanan RM93,841.65 menimbulkan banyak tanda tanya? Bila gaji bulanan PM adalah RM93,841.65?

Apakah sumber yang menjadikan gaji bulanan Perdana Menteri Muhyiddin Yassin menjadi RM93,841.65, manakala undang-undang, MEMBERS OF PARLIAMENT (REMUNERATION) ACT 1980] menyatakan bahawa gaji Perdana Menteri adalah  RM93,841.65 sahaja. Ini berasaskan apa yang diistiharkan kepada MACC.

Prime Minister's salary RM22,826-65, so what are the other sources of Muhyiddin's RM93,841.65 monthly income?

Rakyat ada hak untuk mengetahui, dan Muhyiddin perlu jelaskan. Adakah ini daripada elaun sah - takkan elaun bulanan melampaui nilai gaji?

Adakah ini daripada 'perlantikan politik' yang lain, di mana ini dilakukan oleh Perdana Menteri, Menteri atau kabinet?

Apa yang diperlukan adalah deklarasi yang jelas dan terang - tentang sumber pendapatan bulanan

Gaji Perdana Menteri - Berapa?
Elaun tambahan kerana jawatan Perdana Menteri - Berapa?
Elaun tambahan selaku Ahli Parlimen? - Berapa?
PENCEN(jika ada) - Berapa?
Pendapatan lain(Dividend, Faedah simpanan) - Berapa?
Pendapatan lain(Sewa,) - Berapa?
Derma politik orang ramai dan/atau penyokong - Berapa?
Derma politik daripada syarikat atau perniagaan - Berapa?
RASUAH - Berapa?

Kekayaan lain saperti tanah, rumah, syer, wang dalam bank, dll... ini tak begitu menjadi isu > TETAPI apa-apa perolehan semasa menjadi PM, Menteri, Ahli Kabinet adalah sangat relevan - kerana ianya mungkin 'rasuah' untuk melakukan sesuatu(atau tidak melakukan sesuatu).

Untuk membenteras RASUAH, Kleptokrasi atau salahguna kuasa - mungkin Malaysia juga memerlukan undang-undang yang menjadikan penerimaan wang, hadiah atau faedah daripada mana-mana pihak lain, semasa menjadi Perdana Menteri, Menteri atau Ahli Kabinet satu kesalahan, di mana juga mungkin menyebabkan kelucutan jawatan.

Thailand, negara jiran, pun ada undang-undang sedemikian. Seorang bekas Perdana Menteri kerana menerima bayaran daripada satu rancangan masak di TV apabila beliau menyertai program masak menjadi alasan mengapa beliau hilang kelayakan terus menjadi Perdana Menteri. Terima RM50 pun salah...jumlah tak penting.

Seorang Menteri lain kerana terima hadiah jam tangan pun sama - ia merupakan kesalahan.

Malaysia juga memerlukan undang-undang sedemikian untuk memastikan Perdana Menteri dan ahli Kabinet semua BERSIH. Menerima wang atau hadiah dari pihak lain semasa mereka memegang jawatan pentabiran kerajaan adalah satu kesalahan yang akan menyebabkan mereka hilang jawatan, dan juga posisi MP atau Senator.

Kini, DEKLARASI yang perlu Ahli Kabinet dan ahli Parlimen beri adalah tak memadai - Biar jelas dan ada butiran mencukupi mengenai pendapatan bulanan, serta sumber pendapatan.

KEKAYAAN LAIN tak begitu penting kecuali
(1) Syer atau kepentingan dalam mana-mana syarikat atau perniagaan. [MENGAPA - kita tak mahu kerajaan/PM/Menteri membuat apa-apa keputusan yang akan membantu perniagaan tersebut - saperti memberi projek, dll - kerana ia secara tidak langsung akan juga menjadi pemegang syer/kepentingan lain juga kaya);

(2) Tanah di mana (Mengapa? Kerana kerajaan dan Menteri mempunyai kuasa membuat keputusan mengenai pembangunan setempat, yang akan secara tak langsung menyebabkan nilai tanah ini naik - justeru memberikan keuntungan besar kepada pemilik tanah. Bila kerajaan membuat keputusan meminda pusat pentadbiran kerajaan ke Putrajaya - ramai yang 'tahu terdahulu' mungkin telah cepat-cepat pergi membeli tanah di situ, dan apabila pengumunan dibuat secara rasmi - mereka menang kerana nilai tanah meningkat. Perkara sama berlaku di Janda Baik, kerana dulu ada ura-ura kerajaan mungkin akan memajukan kawasan tersebut - akhirnya tak ada apa-apa yang berlaku dalam kes ini.]

Bagi orang biasa yang meneka, dan membeli tanah  atau syer syarikat sedemikian bukan isu besar - tetapi bagi mereka saperti Perdana Menteri, Menteri atau ahli Kabinet yang mempunyai maklunat perlu dan kuasa membuat keputusan sedemikian, mereka atau ahli keluarga(atau rakan karib) tidak harus dibenarkan beruntung akibat keputusan kerajaan sedemikian.

SEMUA mahu kerajaan dan pemimpin negara BERSIH dan BERAMANAH - tujuan deklarasi pendapatan dan aset bertujuan untuk menghalang salah-laku sedemikian mengunakan maklumat atau kuasa dalam pentadbiran kerajaan.

Deklarasi Pendapatan dan Aset sekali saja tak cukup - ia perlu dibuat mungkin 3 bulan sekali, mungkin 6 bulan sekali - paling kurang sekali setahun, sama sebagai kehendak kini berkenaan deklarasi kepada pihak Lembaga Hasil Dalam Negara.

Ini penting supaya rakyat boleh memantau setiap masa - dan akan mempersoalkan apa-apa pendapatan yang tiba-tiba meningkat. Jika wang masuk dalam akaun peribadi sebagai DERMA pun mesti diistiharkan.

AKAUN BANK - sekiranya ada akaun bank di luar negara pun, di mana ini tempat ramai penjenayah menyimpan 'wang haram' kerana di luar bidangkuasa kerajaan Malaysia, dan setengah bank sedemikian juga tidak akan dedahkan butiran akaun kepada kerajaan atau mana-mana penyiasat jenayah.

Adakah PM, Menteri, Ahli Kabinet, MP, Senator atau ADUN ada memiliki akaun sedemikian di bank luar negara? Ini juga maklumat perlu yang perlu didedahkan.

Penyimpanan wang di bank sedemikian juga biasa tidak didedahkan atau diketahui oleh pihak Lembaga Hasil Dalam Negara(LHDN) - justeru cukai yang perlu dibayar untuk apa-apa pendapatan atau perolehan dapat dielakkan. Mangsa terus adalah RAKYAT MALAYSIA.

* Kita tahu semasa pemerintahan BN dan PH terdahulu, ahli parlimen parti kerajaan telah diberikan berjuta ringgit, kononnya untuk digunakan untuk membantu rakyat di kawasan Parlimen atau ADUN berkenaan > Mana akaun pembelanjaan tersebut? Kenapa BN, PH atau PN tidak mendedahkan? Adakah wang tersebut telah digunakan untuk rakyat dengan betul - adakah wang itu diambil oleh wakil rakyat berkenaan untuk memperkayakan diri atau kepentingan peribadi? Adakah wang itu digunakan untuk memperkayakan kroni atau parti? Semua ini rakyat perlu tahu dengan jelas, kerana ini DUIT RAKYAT?

Sekali buat DEKLARASI tak memadai? Membuat DEKLARASI tanpa butiran tak cukup.

Tujuan utama DEKLARASI sedemikian adalah untuk memberikan jaminan kepada rakyat bahawa PM, Ahli Kabinet atau MP tidak mengunakan kedudukan, kuasa atau posisi untuk memperkayakan diri, keluarga, kawan secara salah - untuk memastikan tak ada RASUAH, dsb.

Selepas buat DEKLARASI, kesalahan dilakukan kini tidak akan diketahui umum - Deklarasi harus dilakukan setahun sekali, lebih baik setiap 3 atau 6 bulan.




PM Muhyiddin tops MACC list with RM93,000 monthly income, 10 other govt officials have assets over RM10m


Prime Minister Tan Sri Muhyiddin Yasin had on June 15 declared his monthly income to be RM93,841.65 and his total assets to be worth more than RM10 million. — Picture by Miera Zulyana
Prime Minister Tan Sri Muhyiddin Yasin had on June 15 declared his monthly income to be RM93,841.65 and his total assets to be worth more than RM10 million. — Picture by Miera Zulyana

KUALA LUMPUR, July 22 — With his public declaration of getting RM93,000 every month, Prime Minister Tan Sri Muhyiddin Yassin earns the highest income in the Perikatan Nasional (PN) government.

A list of assets owned by 57 of the country’s top officials who have declared the Malaysian Anti-Corruption Commission (MACC) is now publicly accessible on this portal as part of a move towards greater government transparency. However, this list does not include all 70 government officials.
Muhyiddin had on June 15 declared his monthly income to be RM93,841.65 and his total assets to be worth more than RM10 million.

10 other officials with assets exceeding RM10 million

The list also names 10 others in PN as having declared their assets to be worth more than RM10 million to the MACC.

They are:
1. Federal Territories Minister Tan Sri Annuar Musa
2. Deputy Tourism, Arts and Culture Minister Datuk Jeffrey Kitingan
3. Deputy Science, Technology and Innovation Minister Ahmad Amzad Mohamed @ Hashim
4. Finance Minister Tengku Datuk Seri Zafrul Zainal Abidin
5. Minister in the Prime Minister’s Department Datuk Seri Maximus Johnity Ongkili
6. Deputy Foreign Affairs Minister Datuk Kamarudin Jaafar
7. Deputy Education Minister II Datuk Dr Mah Hang Soon
8. Deputy Federal Territories Minister Datuk Seri Edmund Santhara Kumar
9. Deputy Minister in the Prime Minister’s Department Datuk Hanifah Hajar Taib
10. Deputy International Trade and Industry Minister Datuk Lim Ban Hong

However, they are not necessarily the ones with the highest monthly income that has been declared.

The MACC portal does not put the exact amount when it comes to the assets held by the members of the PN government.

Instead of listing the exact amount, MACC gave a range of values for the assets declared by each of the 57 members of the PN administration.

The other brackets of asset values listed by the MACC and the government officials in them are as follows.

With assets worth RM8.5 million to RM10 million:
1. Minister in the Prime Minister’s Department Datuk Seri Mohd Redzuan Md Yusof
2. Minister of Science, Technology and Innovation Khairy Jamaluddin

With assets worth RM5 million to RM8.5 million (eight individuals); RM2.5 million to RM5 million (12 individuals); RM1 million to RM2.5 million (16 individuals including Datuk Shahruddin Md Salleh who has since quit as deputy works minister); and those with less than RM1 million (eight individuals).

The eight individuals with less than RM1 million in declared assets are Minister in the Prime Minister’s Department Datuk Takiyuddin Hassan; Environment and Water Minister Datuk Tuan Ibrahim Tuan Man; Deputy Finance Minister II Mohd Shahar Abdullah; Deputy Home Minister I Jonathan Yasin; Deputy Minister in the Prime Minister’s Department Arthur Joseph Kurup; Deputy Human Resources Minister Awang Hashim; Women, Family and Community Development Minister Datuk Seri Rina Harun; and Deputy Rural Development Minister II Datuk Henry Sum Agong.

The previous version of the MACC portal that was first unveiled on November 1, 2018 initially only listed the total income for members of the administration and MPs from the ruling coalition, but did not include information on the value of their declared assets. The previous version of the portal had subsequently the same month included the exact value of the total assets declared by members of the then Pakatan Harapan administration and MPs from the ruling coalition.

The new version of the portal contains additional information such as the post of the individuals in the government.

Unlike the older version, the new version omits information on whether the spouse and children of the government official in question had also made declarations to the MACC.

Top 10 earners in PN government

Other than Muhyiddin, the top 10 monthly income earners are:

1. Annuar at RM87,877.20
2. Kitingan (RM85,450)
3. Home Minister Datuk Seri Hamzah Zainudin (RM84,615.20)
4. Minister in the Prime Minister’s Department Datuk Seri Mustapa Mohamed (RM69,427.20)
5. Senior Minister and Minister of International Trade and Industry Datuk Seri Mohamed Azmin Ali (RM69,186.48)
6. Redzuan (RM65,407.20)
7. Transport Minister Datuk Seri Wee Ka Siong (RM65,236.48)
8. National Unity Minister Datuk Halimah Mohamed Sadique (RM64,527.20)
9. Ahmad Amzad (RM64,087.41)

The top 11th to 20th earners in terms of declared monthly income are:

Minister in the Prime Minister’s Department Datuk Takiyuddin Hassan (RM62,412.13), Tengku Zafrul (RM62,077.20), Khairy (RM61,188.22), Agriculture and Food Industry Minister Datuk Seri Ronald Kiandee (RM59,972.43), Shahruddin (RM59,524.27), Ongkili (RM59,500.20), Deputy Minister of Energy and Natural Resources Ali Biju (RM58,762.89), Deputy Domestic Trade and Consumer Affairs Minister Datuk Rosol Wahid (RM57,322.89), Environment and Water Minister Datuk Tuan Ibrahim Tuan Man (RM57,227.20) and Deputy Higher Education Minister Datuk Mansor Othman (RM56,347.65). If Shahruddin is excluded from the list since he has quit as deputy works minister, Rural Development Minister Datuk Abd Latiff Ahmad will be the 20th highest monthly earner at RM55,147.35.

As for the 10 who have the lowest declared monthly income in the list as of the time of writing, they are Deputy Transport Minister Hasbi Habibollah (RM36,262.89), Deputy Agriculture and Food Industry Minister Datuk Seri Ahmad Hamzah (RM36,262.80), Deputy Minister in the Prime Minister’s Department Datin Mastura Mohd Yazid (RM35,847.65), Deputy Minister Lim Ban Hong (RM34,347.65), Senior Minister and Education Minister Mohd Radzi Md Jidin (RM34,242.00), Rina (RM34,004.48), Deputy Plantation Industries and Commodities Minister I Willie Mongin (RM33,450), Deputy Entrepreneur Development and Cooperatives Minister Datuk Mas Ermieyati Samsudin (RM 25,700), Datuk Henry Sum Agong (RM25,700) and finally Youth and Sports Minister Datuk Seri Reezal Merican Naina Merican at RM24,687.

Those yet to declare their assets

The MACC said that it has to date received and displayed the information on assets declared by 57 out of the 70 members of the PN administration. If Shahruddin is excluded, 56 have made their declarations to the MACC.

Based on the MACC’s definition of members of the administration covering the prime minister, senior ministers, ministers and deputy ministers, there are currently 14 of them who have yet to submit their monthly income and total assets declarations to the MACC.

Based on Malay Mail’s comparison of the MACC portal and the current list of ministers and deputy ministers, five of the 32 PN ministers are not currently listed as having declared their assets to the MACC for the public portal.

These five ministers are:
  1. Human Resources Minister Datuk Seri M. Saravanan
  2. Energy and Natural Resources Minister Datuk Shamsul Anuar Nasarah
  3. Health Minister Datuk Seri Dr Adham Baba
  4. Domestic Trade and Consumer Affairs Minister Datuk Alexander Nanta Linggi
  5. Plantation Industries and Commodities Minister Datuk Mohd Khairuddin Aman Razali
Of the 38 deputy ministers, nine not on the MACC list are:
  1. Deputy Defence Minister Datuk Seri Ikmal Hisham Abdul Aziz
  2. Deputy Home Minister I Datuk Seri Ismail Mohamed Said
  3. Deputy Works Minister Datuk Shabudin Yahaya
  4. Deputy Rural Development Minister I Datuk Seri Abdul Rahman Mohamad
  5. Deputy Housing and Local Government Minister Datuk Seri Ismail Abd Muttalib
  6. Deputy Communications and Multimedia Minister Datuk Zahidi Zainul Abidin
  7. Deputy Youth and Sports Minister Wan Ahmad Fayhsal Wan Ahmad Kamal
  8. Deputy Environment and Water Minister Datuk Ahmad Masrizal Muhammad
  9. Deputy National Unity Minister Datuk Seri Ti Lian Ker
* A previous version of this story contained errors which have since been corrected - Malay Mail, 22/7/2020

Saturday, April 04, 2009

Why release 13 from ISA? Mistake..or belief that they have been 'sufficiently punished' - Tell us, Mr PM

In the first no one should be subjected to Detention Without Trial, i.e. arrest and detention under the ISA and other laws that allow for Detention Without Trial. Today, there maybe over thousand persons detained without trial, and under the ISA there were 46 as at December 2008. In fact, as of June 2008 there were 62 - meaning that old PM released 16 during that period, so what is the big deal about Najib releasing only 13. (see Aliran's ISA Watch page)

In his first address to the nation as prime minister, Najib Abdul Razak said the government has freed 13 Internal Security Act (ISA) detainees and lifted the ban on two opposition publications.

MCPX

najib tun razak"I would like to announce that the government has decided with immediate effect to remove the temporary ban on two news publications, release 13 detainees from ISA detention, and conduct a comprehensive review of the Internal Security Act," he said in his first act after taking office today.

"These decisions are timely as we move to enhance the confidence of our citizens in those entrusted with maintaining peace, law and order," he said. - Malaysiakini, 3/4/2008, 13 ISA freed, ban lifted on party organs





So, ALL ISA and Detention Without Trial persons need to be immediately released.. and like Guantanamo Bay, Kamunting Detention Centre and other Detention Without Trial Centres need to be closed down immediately.

REVOKE THE SUSPENSION of Harakah and Suara Keadilan --- mmm...this looks staged. Just a few weeks before for no apparent reason, the suspension is invoked. Was it done so that Najib could revoke it like a 'good guy' new Prime Minister...

There is no need to have any 'comprehensive review of the Internal Security Act' - just repeal the Act, and all other Acts that allow for Detention Without Trial. There are sufficient laws in Malaysia already. Remember that 'planning' or 'even preparing' for the commission of any offence is already a criminal offence in Malaysian law.

Today, the ISA and other Detention Without Trial laws DO NOT allow the questioning of the validity of the reasons for the Detention Order, and that is so very wrong. It means that good Minister can give any 'cock and bull' reason - and it cannot even be reviewed by the court.

Released from ISA - will there be any compensation given to them and their families? Nothing at all, and that is the evil of these Detention Without Trial Laws of Malaysia.

Will the names of those wrongly detained under the ISA and other Detention Without Trial be cleared? Can they now sue the Minister...the Government of Malaysia for defamation...to clear their name? Maybe they should try ...and maybe even seek a Declaration that their detention was wrong...

I take it that the release of persons under Detention Without Trial laws is an ADMISSION by the Government that they were never 'guilty' and their entire Detention was wrong. If not, they would have been charged, tried and found guilty.

I believe that many of these Detention of persons allegedly being a member of JI (Jemaah Islam), KMM, or Darul Islam is all 'bullshit' - more likely these innocent persons were just incarcerated because Malaysia wanted to show the world (not the world but maybe the US under Bush..) that Malaysia was also strong against 'terrorism' - even Islamic terrorist. If it is not so, then charge all those persons in court and prove that they were guilty of some wrong.

If Najib wants to do something good - then release them all immediately and go for the repeal of the ISA and all Detention Without Trial Laws. No need to review...

Why are you releasing 2 from the HINDRAF 5? Did you make a mistake in the 1st place? Do you now feel that the 2 have been 'sufficiently punished' for their wrongs but not the other 3? Explain Mr Home Minister the reasons for your release? Mistake...or because they have been punished enough..tell us. Is this not discrimination against the remaining 3 - unless the release was an admission of a mistake.

It was also very wrong to delay the release - for it seems the decision to release was made earlier, and it was delayed so that it could be announced by new PM when he made his speech. When Mr Home Minister did you decide to release them? Were you ordered by new PM to release them? Tell us....be open and honest..

Immediately after Najib's address, Home Minister Syed Hamid Albar announced the names of the 13 ISA detainees to be freed.

hindraf isa detainees 290808They include two of the Hindraf 5 - V Ganabatirau and R Kenghadharan - both of whom have been incarcerated for 15 months.

The others released are eight members of the Darul Islam movement and three foreigners.

The Home Ministry, as of December last year, said it was holding 46 people under the ISA, the majority of whom belong to militant groups like the Jemaah Islamiah and the Darul Islam movement. - Malaysiakini, 3/4/2008, 13 ISA freed, ban lifted on party organs





Saturday, October 11, 2008

Head of the Judiciary after 18 October 2008 - Hopefully not Zaki Azmi

Tan Sri Zaki Tun Azmi - an UMNO man, a lawyer, was suddenly appointed to become a Federal Court Judge in September 2007...

Normally persons are first appointed High Court Judges, later maybe elevated to become a Court of Appeal judge, and maybe several years later elevated to become a Judge of the Federal Court...
Tan Sri Zaki Tun Azmi will today become the first lawyer to be appointed directly to the Federal Court. The only other lawyer to have bypassed the High Court in Malaysia was Justice Datuk Gopal Sri Ram - Star, 5/9/2008, Lawyer Zaki to be made Federal Court judge
And 3 months later, in December 2007, Zaki Azmi is appointed as the number 2 of the Malaysian Judiciary - the President of the Court of Appeal...

Only 3 months experience as a Judge - and he is made No. 2 of the Malaysian Judiciary ...Not at all good.

Federal Court judge Tan Sri Zaki Tun Azmi will take over from Abdul Hamid as Court of Appeal president

Datuk Seri Abdullah Ahmad Badawi, who made the announcement in a statement yesterday, said both appointments had been consented to by the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin upon his advice after consultation with the Conference of Rulers. - Star, 6/12/2007 -Abdul Hamid confirmed as CJ


Minister in the Prime Minister’s Department Datuk Seri Nazri Abd Aziz also said there was nothing wrong with his quick move upwards.

“There is no law against fast track appointments nor is it unconstitutional,” he said at the Parliament lobby yesterday.

Zaki’s appointment was announced by the Prime Minister on Wednesday.

He takes over from Datuk Abdul Hamid Mohamad who has been appointed the country’s new Chief Justice following the retirement of Tun Ahmad Fairuz Sheikh Abdul Halim on Oct 3.

He was earlier appointed Federal Court Judge in September.

Nazri said, as a lawyer, Zaki was invited to sit in the disciplinary panel of Umno because he was a lawyer with integrity.

...On Zaki's appointment, Karpal, who is DAP national chairman and a veteran lawyer, said it created a bit of apprehension among lawyers, given his political ties.

PAS Youth Chief Salahuddin Ayub expressed surprise over Zaki’s appointment and said it should have been based on rank and file.- Star, 7/12/2007 - Zaki’s rise explained

Abdul Hamid retires from the topmost judicial post in eight days’ on Oct. 18 , 2008 - and the question is who will be appointed to be the next Head of the Judiciary.

I certainly hope that it would not be Zaki Azmi .

Zaki Azmi may be a good person, but his past close association with UMNO and his unprecedented appointment from lawyer to Federal Court Judge in September, his appointment to No. 2 of of the Malaysian Judiciary in December 2007...would not be good for public perception if we want to maintain and/or restore public perception that we do indeed have an independent judiciary in Malaysia...

The Malaysian Bar does not openly come out and say that it do not want Zaki Azmi to be made the next head of the Malaysian Judiciary...but a recent statement by the Bar President indicates its concerns...(I say that they should have been very clear about their position about Zaki Azmi.) The Bar Statement is as follows:-

It is precisely to overcome any hint of subjectivity or collateral purpose in the appointment of Judges (including the Chief Justice) that the Bar Council and other organisations have pressed for the establishment of a Judicial Appointments Commission. That remains the step forward that the nation awaits.

In the absence of such a Commission, it is hoped that the applicable criteria which represent the acceptable norms in such an appointment will guide the selection process of the important position of the Chief Justice, which becomes vacant on 18th October 2008.

Seniority in terms of the position currently held is one criterion. Seniority in terms of the years of experience on the Bench is another important consideration. Other factors relate to ability and competence, which are often reflected in the quality and number of judgments written. Integrity, judicial temperament, and a demonstration of independence are also vital qualities.

It must not be forgotten that it is the Chief Justice who sets the tone in the Judiciary and guides its direction. He heads the third branch of Government, and hence a critical national institution. He must therefore enjoy the confidence of Malaysians, the consumers of the justice system.

It is also imperative that the Chief Justice be a person who is widely perceived to be above and independent of any political alliances or influences. This is all the more critical at this time when the nation faces many political challenges. When all else may seem to be in a state of flux and confusion, an independent Judiciary stands above the fray, giving the nation’s citizens a sense of security and stability that justice will continue to be administered in accordance with the rule of law, no matter what the circumstances.

In the appointment of the Chief Justice, the constitutional process of consultation with the Conference of Rulers is critical. It draws on the wealth of the Rulers’ wisdom and experience and raises the process above partisan politics. In short, it provides an essential check and balance in the appointments and promotions of judges.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar

9 October 2008

[Malaysian Bar Press Release]


Zaki Azmi has only got about 13 months experience as a Judge (he was appointed in September 2007).

Zaki Azmi's past very close relationship with UMNO also makes him not a 'person who is widely perceived to be above and independent of any political alliances or influences.'


Lim Kit Siang also is very concerned when he also stated that if Zaki Azmi gets appointed then we may have yet another '...new judicial scandal and crisis....'

Tan Sri Zaki Tun Azmi to the bench - firstly, the triple jump to become Federal Court judge in September last year without ever being High Court or Court of Appeal judge and then the quadruple jump three months later up the judicial hierarchy to become the Court of Appeal President.

Will Zaki make quintuple jump to be appointed Chief Justice of Malaysia after a year’s elevation to the bench when Abdul Hamid retires from the topmost judicial post in eight days’ on Oct. 18?

It is this possibility which holds the seeds of plunging the country into a new judicial scandal and crisis. Will this be the valedictory scandal of the Abdullah premiership? - Lim Kit Siang's Blog


Abdullah Ahmad Badawi plays the major role in determining who will be the Head of the Malaysian Judiciary...

122B. Appointment of judges of Federal Court, Court of Appeal and of High Courts.

(1) The Chief Justice of the Federal Court, the President of the Court of Appeal and the Chief Judges of the High Courts and (subject to Article 122c) the other judges of the Federal Court, of the Court of Appeal and of the High Courts shall be appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers. - Federal Constitution

And remember, unlike Abdul Hamid, Zaki Azmi would be only about 63 years old if appointed the No.1 of the Malaysian Judiciary - and it is a long time until his 66th Birthday (plus 6 months).

Abdul Hamid, 65, was made acting Chief Justice the day after Tun Ahmad Fairuz Sheikh Abdul Halim retired on Oct 3.

Zaki, 62, made history on Sept 5 by being the first lawyer to be appointed directly to the Federal Court. - Star, 6/12/2007- Abdul Hamid confirmed as CJ


125. Tenure of office and remuneration of judges of Federal Court.

(1) Subject to the provisions of Clauses (2) to (5), a judge of the Federal Court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve.- Federal Constitution

So, let us all focus and play a part in the process that will decide who with the Head of the Malaysian Judiciary after 18th October..

Remember that the Judiciary is one of the 3 branches of government in a democracy, the other 2 being the Executive (PM & Cabinet) and the Legislature (Parliament).

It is to the Judiciary that we go when we have matters against the government..the Minister, the PM - and as such, it is very important that the Judiciary, and certainly its Head, be independent....and also brave. ...i.e. willing to act without fear or favour in upholding justice..

It just not just a matter of fact that is important but also the question of perception - not just to be independent but also to be seen as being independent.

Outgoing Prime Minisiter Abdullah Ahmad Badawi, have to date not been very good in the choices that he has made.

We, the rakyat, need to speak up NOW and communicate our thoughts and views to the Prime Minister especially...and maybe also the Yang di-Pertuan Agong and the Conference of Rulers.

Who do Malaysians want to be the Head of the Judiciary after 18th October 2008?


Monday, September 22, 2008

Immediate investigation whether PM influenced ACA investigation is needed..

I wonder whether an investigation has already commenced against Abdullah Ahmad Badawi, this Raymond Tan and the ACA officer concerned. I believe that what they did, if what Raymond Tan said is true, is something very wrong...

Or maybe, there will be no investigation -- because no one has filed a police report yet..

This kind of talk really makes me as a Malaysian very worried - I have serious doubts about the independence of the ACA, the Police, the Public Prosecutor...

The war of attrition continues over the sudden withdrawal of Sabah Progressive Party (Sapp) from Barisan Nasional last week as a “shocking revelation” came to light.
MCPX

raymond tanIts disgruntled ex-deputy president Raymond Tan (left) claimed on Saturday that he had been instrumental in preventing the arrest of party president Yong Teck Lee in June in relation to allegations of corruption.

abdullah ahmad badawi bn and yong teck lee and sappAn English-language daily in Sabah quoted Tan as saying that Abdullah Ahmad Badawi had wanted Yong arrested by the Anti-Corruption Agency (ACA). This was after Yong spearheaded a no-confidence vote against Abdullah’s leadership.

In defending himself against claims of ingratitude by failing to support the Sapp pullout, Tan revealed that he had intervened on Yong’s behalf in June.

He said he had pleaded with Abdullah not to arrest Yong as it would be a bad move, and had even gone on television with a plea to allow the latter to speak up. - Malaysiakini, 22/9/08 - 'I stopped PM from ordering Yong's arrest'
Are not all Malaysians equal before the law? When the PM can decide who gets investigated...and maybe even who gets charged...it shows us the sad state of affairs that the country is in.

I recall PI Balasubramaniam's 1st SD - where he made statements giving the picture that the police made sure that his statement did not have any reference to Mohd Najib Razak - similarly, the DPPs did not even ask questions about the DPM. Was this again on instructions of the PM?

Wondered why also the Altantuya case started so fast... Was that again on instructions of the PM?

I seriously wonder whether police, ACA, AG, Courts are truly independent - or are they still influenced by powerful persons....

Raymond Tan has clearly stated what he did - and there should be action taken against him, PM and whoever else...

In an immediate response, Sapp newly-appointed information chief Chong Pit Fah described this as a “a shocking revelation [...] that he can influence the prime minister to stop ACA action”.

chong pit fah“This is an admission by a BN deputy chief minister that the prime minister can interfere with ACA work,” Chong said in a statement issued yesterday.

He also wanted to know if the same influence could be used on other persons such as serving ministers, or similarly abused. - Malaysiakini, 22/9/08 - 'I stopped PM from ordering Yong's arrest'

Tuesday, September 02, 2008

Resign, Dissolve Parliament or Emergency Rule - Options for "outgoing" PM??

As September 16 draws near, the talk is whether Pakatan Rakyat would be able to form the government on or immediately after 16/9/2008 - or whether this all just another Anwar and Pakatan Rakyat 'spin' --- or an 'unachievable aspiration'.

Now, within the BN, the 2 SAPP Members of Parliament have already taken the stand that they do not anymore have confidence in this Prime Minister...and yes, the question really is not whether MPs jump parties or not ...but whether they still have confidence in this Prime Minister - Abdullah Ahmad Badawi of the UMNO party - the Barisan Nasional coalition.

Article 43(4) of the Federal Constitution is rather clear about this:-
If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-pertuan Agong dissolves Parliament, the Prime Minister, shall tender the resignation of the Cabinet.
We already know that there are others within the BN coalition also do not anymore have confidence in this Prime Minister...

Even Mukriz and Ku Li have been vocally calling for Badawi to step down...

So, come September 16 - there need not even be "party hopping" - all that is required is for the majority of the MP to declare that they do not anymore have any confidence in the present PM - and maybe at the same time also declare that they now support and have confidence in some other like Anwar Ibrahim to be the Prime Minister..

If that happens - then Abdullah Ahmad Badawi has 3 choices:-

a) Gracefully tender his and the Cabinet's resignation ( Art. 43(4) Federal Constitution)

b) "..request the Yang di-pertuan Agong dissolves Parliament.." (Art.43(4) FC) - meaning fresh Parliamentary Elections. But then, the Art. 40 (2)(b) FC clearly makes the question of disolution one of the few matters that come under the discretion of the Yang di-pertuan Agong. This means that the Yang di-pertuan Agong may request the PM's request for a disolution of Parliament - and hence " the Prime Minister, shall tender the resignation of the Cabinet...." (Art.43(4) FC)
"(b) the withholding of consent to a request for the dissolution of Parliament;"
c) Proclamation of Emergency
- well, this is a matter that really is up to the Prime Minister - and the Yang di-pertuan Agong will have to act in accordance with the advice of the Prime Minister..

150. Proclamation of emergency.

(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.

(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.

(2A) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di- Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.

(2B) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

(2C) An ordinance promulgated under Clause (2B) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2B) may be exercised in relation to any matter with respect to which Parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.

(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2B).

(4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer or authority thereof.

(5) Subject to Clause (6A), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6A), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

(6A) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or customs in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.

(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

(8) Notwithstanding anything in this Constitution -

(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2B) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and

(b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of -

(i) a Proclamation under Clause (1) or of a declaration made in such Proclamation to the effect stated in Clause (1);

(ii) the continued operation of such Proclamation;

(iii) any ordinance promulgated under Clause (2B); or

(iv) the continuation in force of any such ordinance.

(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House.


But, then thankfully our current Prime Minister Abdullah Ahmad Badawi, despite what he recently said, also did earlier tell us that he would not resort to using Elergency.

"Efforts by certain parties to destabilise the country by attempting to seize power through illegitimate means, and without the mandate of the people, must be rejected," said Abdullah towards the end of his Budget 2009 speech.

"We cannot allow uncertainties to continue as this will adversely affect foreign investment, economic sentiment and the capital markets.

"I will not allow these disturbances to continue," he stressed. - Malaysiakini, 29/8/2008 Pak Lah vows to foil Sept 16 plan

On 1/8/2008, the Prime Minister "...ruled out imposing emergency rule if Anwar's supporters hold street protests to denounce the latest accusation...".

Asked whether Anwar was bluffing, Abdullah said that "so far, it is going toward that direction. "Whether he bluffs or not [it seems] he wants to keep his popularity afloat all the time like a stock market share," Abdullah added.

He ruled out imposing emergency rule if Anwar's supporters hold street protests to denounce the latest accusation.

"I don't think we are going down that road; definitely not," he said.

Abdullah said he believes Anwar is trying to bribe government lawmakers to defect.

"I've heard so much stories, many stories of his buying, tempting them with monetary offers to cross over to the opposition," he said. - GulfNews.com, 1/8/2008 Badawi rejects Anwar threat to seize power as a 'bluff'

It really would be good if the Prime Minister Abdullah Ahmad Badawi can assure the people of Malaysia NOW that he would not resort to emergency rule.... if it is shown that he no longer has the confidence of the majority in the Dewan Rakyat - and that he will quitely resign and peacefully hand over power to whoever commands the majority support in the Dewan Rakyat.

Sunday, July 20, 2008

PM no power to keep out IGP and DG - get advice before talking please...

Abdullah Ahmad Badawi must really get legal advice before opening his mouth and disgracing our country, Malaysia.

Who is he to oust the person and/or the involvement of the IGP (Inspector General of Police) and/or the Attorney General (AG) from this Investigation or from that investigation. Where is the law that says that the Prime Minister has such power? I am at a loss..
Inspector-General of Police Tan Sri Musa Hassan and Attorney-General Tan Sri Abdul Gani Patail will play no part in the investigation of an allegation of sodomy against Datuk Seri Anwar Ibrahim.
Prime Minister Datuk Seri Abdullah Ahmad Badawi said both Musa and Abdul Gani would have no role whatsoever in the case.

He added that police officers involved in the case would also not refer to their boss or the A-G in the course of their investigation.

Asked if Musa and Abdul Gani should be suspended pending the completion of the investigation, Abdullah said: "They will not be involved at all in the case and the investigating officers will also not refer to them. Therefore, I do not see any reason why they should be suspended." - New Straits Times online, 20/7/2008 -PM: No role for Musa, Abdul Gani in sodomy probe

When it comes to the Attorney General (who is also the Public Prosecutor), certainly his position and role is provided for in the Federal Constitution, and also the other laws of the land - and nobody can prevent him exercising his duties and responsibilities. Not even the say-so of the Prime Minister. It would also be wrong for some underling to exercise the power of the AG when he is around..and fully functional.

Our Prime Minister really must get legal advice before opening his mouth....oh, and the person the Prime Minister should be getting legal advice from is the AG.

While Abdul Gani Patail is AG, and Musa Hassan remains the IGP, you cannot ask them to relinquish their responsibilities, duties and powers in law... To ask them would be wrong... and for them to do so would also be wrong. (Did you, Mr PM, also ask them to leave out the DPM in the Altantuya investigation and prosecution?)

One solution...and one solution only, I see, and that is to remove the Attorney General and appoint a new Attorney General.

Likewise, remove the IGP and appoint a new IGP..

After all, that is what you just did with the DG and the Deputy DG of Immigration. They too are still being investigated - and they have not been charged in court yet. A new DG and Deputy DG have been appointed.
Datuk Mahmood Adam has been appointed Immigration Department director-general, replacing Datuk Abdul Wahid Md Don who has been transferred pending investigations into alleged corruption.
Mahmood was deputy Defence Ministry secretary-general (management). His appointment takes effect tomorrow.

The appointment was announced by Chief Secretary to the Government Tan Sri Mohd Sidek Hassan yesterday.

Mohd Sidek also announced that the department's director of the Foreign Workers' Division, Abdul Rahman Othman, would be Mahmood's deputy, replacing Yusof Abu Bakar, who is also being probed by the Anti-Corruption Agency (ACA).- New Straits Times, 20/7/2008 - 'New D-G for Immigration.'
Mr Prime Minister, would it not be DISCRIMINATORY to accord a different kind of treatment to the AG and the IGP, who are also now being investigated...

Again - I say that the PM must stay out of this police investigation and not interfere any more....

The powers being demonstrated by Abdullah Ahmad Badawi in this case -- and his personal involvement in the conduct of the police investigation --- only makes one wonder about the real independence of the police and the AG's chambers.

It also makes us seriously wonder whether it was this kind of PM's (or DPM's) exertion of power over the police and the AG that has led to the name of the DPM being left out from the Balasubramaniam's statement (as alleged in his 1st SD) and maybe the whole Altantuya case, and the fact that no charge was levied against the DPM (or his spouse).

We really have to wonder now...do we not since this time, the exertion of the PM's power is done so openly in this Anwar case...

Friday, July 18, 2008

PM, are you involved in the Anwar investiagations?

Saiful made a police report allegedly stating that Anwar sodomized him - but then nobody seem to know what that police report says...what really is the content of the report remains a mystery to most, save the police, the complainant(and maybe Khairy, Syed Hamid and the PM). The WHY is worrying.

The fact that Anwar is not even provided the alleged police report makes it really odd - a police report (and this the First Information Report). The media seem to have gone to town stating that report alleges that Saiful was sodomized by Anwar - but what is the source? Did they see the report themselves? Did the police or Saiful tell the media? (I do not recollect really - matters not now anymore..)

Anwar(and/or others) who have or are going to be called in should at the very least have had access to this report, the basis for the commencement of the investigation.

Remember, we are not talking about the more detailed statement that the police will usually record from the complainant. We are talking about just the police report..)

It is a police investigation -- and it is shocking that BN MPs (including the son in law of the premier), Ministers and the now the Prime Minisiter is getting involved in what should be just a POLICE Investigation...

The authorities require a fresh DNA sample from Anwar Ibrahim because the sample extracted 10 years ago is too old, said Prime Minister Abdullah Ahmad Badawi today.

MCPX

"So we are asking for a new sample," he told a press conference in Putrajaya. - Malaysiakini, 18/7/2008 , Existing DNA sample too old, says PM

So, WE are asking ....not the police are asking but "we are asking..." - this is getting really odd, and now it looks like good old Abdullah Ahmad Badawi has joint the police investigation team --maybe will also be part of the prosecution -- and maybe even the Judge indirectly ...

Come on Mr Prime Minister, you just stepped over the line - and this just supports even more that 'conspiracy theory' that seems to be developing....

We all do not know the facts -- even what really has been alleged by the said Saiful person..., but let me just be hypothetical... and maybe even make some suggestions as to how we can move forward and satisfy the concerns/fears of all concerned.

a) First, there must be immediate disclosure and access to the police report of the said complainant.

b) Second, there must be an immediate taking of another statement from the said Saiful as to what really happened not by the police (which would have been done by now) - but maybe by a Magistrate/Judge - something in the nature of a deposition in court.

What I mean, is that it must be a statement recorded in court, also in the presence of the lawyers of the said Anwar... and locked away in some 'court-safe' so that it cannot be changed later. (Maybe, there should also be video with audio recording also done, and the recorded tape/disc should immediately be handed over to court for safe-keeping.) If court is a problem, maybe the Bar Council (or even SUHAKAM) could assist here..

This will prevent allegations of later changing of the story/statement based on the 'evidence that were manufactured to get Anwar' (for that seems to be the Anwar's concern/fear)

c) Third, it must be disclosed the actual nature of the sodomy - and whether there is any medical evidence that supports the claim made by the complainant... (and if there are no direct evidence, whether there are some circumstantial evidence at least...)

d) Since they measured Anwar's private parts, let's assume that his private parts are involved... - Gone now is the ability for the defence to ask Saiful about that tattoo or that birth-mark (or absence of it) on the private parts of the suspect/accussed -- and then demonstrate the opposite is true hence shattering the credibility of the complainant
- Gone too the weight and the strength of the testimony of the complainant describing accurately the markings on the private parts (for after all, you who saw when examination and measurement was done can tell the complainant)

e) Next, were there any semen or body fluids (DNA) of another found on/in the body of the complainant, or on the bed or at the alleged place of the said crime? If yes, can we isolate these samples now, do the necessary DNA tests and provide the results immediately to Anwar (and/or his lawyers) first.. and to the court (or some independent body like the Bar Council, maybe) for safekeeping.

WHY? The concern of Anwar seems to be, that if I give you my sample now, you will use it ...maybe place it here (and there), maybe on some mattress, etc.... so, if what is proposed is done first before the taking of any new DNA sample from Anwar, then what is feared would not be able to be done easily(or would it still be)

After all, Anwar's DNA sample cannot change - and, later when he gives it, and it is analyzed, we will all be able to see if it matches with what was found... (If it matches, then things would not be looking too good for Anwar, would it now?...)

If this was done, I believe Anwar's concern may be put to rest - and the police would also be able to verify quickly whether Anwar's DNA matches with the samples they found on/in the person of the complainant/bed/place where the alleged incident took place..END of STORY.

I believe, what has been suggested would work.... but then, it is merely a suggestion...

I am also rather about perturbed about this calling for the taking of DNA sample - coming from Khairy Jamaludin (PM's son-in-law), Syed Hamid (the Home Minister).....and now the Prime Minister.

But the question that the police must answer first, is whether there were body fluids of a third party found on/in the complainant, the bed or the place the crime is alleged to have taken place - for if there was none, then all this hoo-hah about DNA is not just a waste of time, and also will be a 'torture' of Anwar Ibrahim.

The way, Khairy, Syed and Abdullah are asking for DNA samples, it looks like they may have seen (or do know) the contents of the police report...

A commotion occurred during the Dewan Rakyat sitting today when Khairy Jamaluddin (BN-Rembau) asked Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim to give his DNA sample to the police to assist in the investigation into the allegation of sodomy against him. “We can’t force anyone to give their DNA sample (but) if he (Anwar) is not afraid of the truth, I hope he (Anwar) will be present (at the Kuala Lumpur Police Headquarters), and if he dares, give the DNA sample to test whether the police report was correct or wrong. - New Straits Times Online, 16/7/2008 -Commotion in Dewan Rakyat when Khairy asks Anwar to give DNA sample
Mr Syed Hamid criticised Mr Anwar for not giving a blood sample, saying that if he was interested in determining the truth, "simply give the DNA and let the experts read the DNA". - new.com.au, 17/7/2008, -It's a vendetta, says Anwar

But then, what an expert said about DNA should also be taken into consideration. Well preserved body fluids from the last time could still be used...And really, it is not that difficult getting body fluids, is it not??

"Saliva, blood and seminal stains when stored in proper conditions can be preserved - by not exposing the sample to rain, sunlight and other natural elements," he told Malaysiakini.

"It could be kept at room temperature like in a cupboard," he added. - Malaysiakini, 18/7/2008, Expert: Specimen can be conserved for years


All kinds of allegations are floating around about Anwar and Sodomy BUT most Malaysians really want to know the TRUTH...the whole truth and nothing but the truth...

Many Malaysians also hope that all this will go away very fast because it distracts all of us from the more real issues affecting the people - the price hikes, the increased prices -- and the growing suffering of the people.

So, Mr Policeman, do your job professionally... and Mr. PM, Mr. Ministers, YBs, YABs just let the police get on with their job...

YAB Abdullah Ahmad Badawi - be reminded that you are not part of the investigation team, and there is no need for you to speak for the police....OR am I wrong - for you really are "head" of this Police Investigation involving Anwar Ibrahim, the one who boasted that he will oust you as PM come September 16...?

Friday, July 04, 2008

Badawi benefits from "Najib-Anwar battle" ??

Najib is hit bad by the recent events -
- with his meeting the alleged victim of Anwar before a police report was even made
- with the renewed allegation of his involvement in the Altantuya affair
- the mysterious less than 24 hour later retraction of the Statutory Declaration by the Private Investigator Balasubramaniam (really looks bad on the police and 'Najib')

Anwar is hit badly by
- the new allegations of sodomy by a former 'aide'
- the subsequent demolition of the character of the complainant also does not augur well for Anwar
- his sudden, and certainly badly timed allegation about the AG and IGP's involvement in fabricating evidence against him (his allegation surfaces after that new sodomy allegations against him).
- the Statutory Declaration by the Private Investigator Balasubramaniam , which also made a statement about Najib preference for anal sex....(Anwar's presence and link to that SD was not at all good for Anwar - and the timing serriously stinks)
- the retraction of the SD alleging 'duress' is again bad - was it Anwar that 'forced' Bala to say what he did? The lack of details by Bala can only keep people guessing -- and naturally the 1st source of this duress that the common man would think of is from Anwar or his agents...
- the press, including Star and some others also played up the fact again that the Federal Court judges that let Anwar off the hook did make a statement that they believed that what was alleged with regard the sodomy did happen - but the evidence not sufficient to convict.... (This was very mean of the press like Star. Oh yes, Mahathir, in his blog also makes mention of this..)

Pakatan Rakyat would also be hit by all this too... (and the allegation of the Selangor MB using his office to get funds for the party do not also help - more so since Pakatan Rakyat has yet to come out and say that they will be investigating the matter...)
- the recent walk-out of the MPs of PR because Najib Razak made an additional speech, which should not have been allowed because of Parliamentary rules, etc... was really not good. If they had walked out in protest about some more substantive issue, it would have been better..
- Who are the leaders of Pakatan Rakyat? What is the decision making process? To date, it seems that reaction to the alleged 'political assasination' of the PKR (and PR) de facto leader seems very much a response made by PKR - and not the Pakatan Rakyat as a coalition..

All things considered - the person that has benefited is PM Abdullah Ahmad Badawi...

Attention from increased fuel prices, etc.... seem to have shifted to Anwar's sodomy and Najib's Altantuya issue (Hope that the 6th July fuel hike protest is not hijacked and made into "support Anwar" campaign)

The pressure for PM to step down - and all that internal challenge to remove nomination quotas, etc... seem to have been forgotten. The call for Abdullah Ahmad Badawi and Najib to step down and not contest just like what the MCA leaders did is also not being made...

So is Abdullah Ahmad Badawi the real master-mind and the 'puppet master' of all that had happened these few days...?, I wonder...

If there was, no sodomy by Anwar - someone got the Saiful person to make that allegation, go to see Najib before even making the report, making the report to the police, making sure that photos of the complainant and Najib's mad reaches Anwar's people, and also the other photos with some 3 different Ministers, ....

With regard to PI Balasubramaniam - someone made him go see Anwar, and then make that SD (on oath) and make the disclosure in public, and then get him to come out immediately thereafter and retract it all claiming he was forced to do it...

Maybe, I may be reading it all wrong --- but looking at it in toto (at least with regard to the facts that we have to this day), I see that the one who would benefit most is our Abdullah Ahmad Badawi.. (Maybe, he did not do it or was not even involved ...maybe someone else (a friend of the PM is doing it...)

Will these all change the focus from price hikes - into an 'Anwar clearing his name' and 'Implicate Najib and that Mongolian woman' --- The Anwar-Najib wars will certainly be good for Abdullah Ahmad Badawi. UMNO reform and struggle to change leadersip, the BN problems.... all will take a back seat -- as we all continue to be distracted by the battle between two aspirants to the Premiership of Malaysia.

Good old Mahathir, on the other hand, is still focussed on the government 'flip-flops' about that twice a month salary payments talk, and about the oil price, petronas, and the money that Malaysia has (go read his piece "Malaysia and a World in Turmoil at che det.com, a bit of which I have pasted below..)

"...The rise in the price of petrol and products has begun to affect our lives, our living standards and our complacency.

8. We produce about 650,000 barrels a day, consume 400,000 and export roughly 250,000 barrels. We used to earn 30 US Dollar per barrel; today we earn 140 US Dollar, almost all profit. Work out the revenue from 250,000 barrels per day for one year.

9. Besides, we produce 900,000 barrels equivalent of gas, mostly exported. There is no need to take notice of the petrol we produce in Sudan and elsewhere, all selling at 100 US Dollar plus.

10. But we also earn more, much more from palm oil. It used to cost us RM600 per ton to produce. It must be slightly more now. But one ton of palm oil used to sell for RM800 before. Now it sells for more than RM3,000. The palm oil plantation companies are laughing all the way to the bank.

11. But the prices of rubber and even tin have also increased tremendously.

12. For the Government it must mean a great increase in revenue. The profits from petroleum accrue 100% to the Government. I believe in 2006 when oil price was about 70 US Dollar Petronas made a profit before tax of 60 billion Ringgit..."





Thursday, July 03, 2008

Expunge Najib's involvement in Altantuya case - was there a directive from someone?

THE POLICE LEFT OUT CERTAIN DETAILS IN THE STATEMENT....

"They then proceeded to record my statement from 8.30 am to 6pm everyday for seven consecutive days. I told them all I knew including everything Abdul Razak Baginda and Aminah had told me about their relationships with Najib Razak
but when I came to sign my statement, these details had been left out...." - P Balasubramaniam

This is really bad - as police officers should be independent and do their work. They should not choose to "include" or "exclude" portions of a witness's statement recorded. Just record it all - and do not censor it. I hope that there will be immediate investigation with regard the police officers involved.

Were they just acting on their own? Were they acting on instructions from someone? A police personnel investigating a crime must do it truthfully and correctly - and if there is interference, be it orders or directives, then a good police person will report it.

If the statement depicts the reality of the Malaysian police, then public confidence in the police will certainly erode further... (after all, it seems that statements could be adjusted to not show relevant or some information).

That is why, we really do need electronic recording of all interrogations and the taking of statements so that such 'hanky-panky', if it did happen could be avoided.

Now, what we may have following this Statutory Declaration maybe statements by the affected police personnel and/or others denying what Balasubramaniam declared . Who will we believe - would have been good if we could refer to the recordings of the interrogations and the statement taking, would it not.

They, the police, wants people to install CCTV with recording capabilities to deter crime and make investigations easier - but alas in that one place where more and more 'crime' is happening, i.e. the police station -- they seem to NOT have CCTV with recording capability. In Hong Kong, these recordings involving a person will so easily be made available to the lawyers.

THE PROSECUTOR JUST DID NOT ASK ME ANY QUESTIONS ABOUT THIS...

"I have given evidence in the trial of Azilah, Sirul and Abdul Razak Baginda at the Shah Alam High Court. The prosecutor did not ask me any questions in respect of Aminah’s relationship with Najib Razak or of the phone call I received from DSP Musa Safri, whom I believe was the ADC for Najib Razak and/or his wife. .."- P Balasubramaniam

Of course, the prosecutors can choose to ask this question and not that.... BUT here, reading the Statutory Declaration gives the impression that the said Abdul Razak Baginda would not have even known the said Altantuya Shaaribuu (who also called herself 'Aminah' according to Balasubramaniam) if it was not for Najib Razak...

Najib Tun Razak is the Deputy Prime Minister, and investigations may have disclosed that he was not involved in the murder of Altantuya Shaaribuu, and in the interest of "national security" or maybe "Najib's political standing and future", there is really no reason for the police or the prosecution to bring up the Najib-connection -- is that it. Who decided that? The police? The prosecutors? The IGP? The AG? The PM? or just the DPM?

Najib may not have killed or ordered the killing or was in any way involved in the killing of Altantuya Shaaribuu, but it was wrong for the police and the prosecution to 'hide' that involvement. Bring forth all relevant facts, and let the court decide...

A woman has lost her life....and the lives of other persons are now involved - the TRUTH must be revealed, and JUSTICE must be done.

DO WE NOW BELIEVE BALASUBRAMANIAM?

I really do not know...

Why now? Interesting how it contains a statement that allegedly Najib is also inclined to 'sodomy'.. [A diversion :- Maybe only acts of sodomy without consent should still be a crime. It is time that oral sex, anal sex, or other forms of creative sexual positioning and preferences between consenting adults are no longer considered a legal crime, to be found in our Penal Code....It may be considered immoral or even unnatural BUT really should it still be a crime.]

Interesting how it comes out just when Malaysia is all excited with the new allegations of Sodomy against that former DPM, now de facto leader of PKR.

Interesting, how it comes out just after Anwar's report about the current IGP and the AG, and the similarity in the allegations about the police and the prosecutors..

"...Anwar lodged a report at the Selangor police headquarters against Musa [Inspector-General of Police Musa Hassan] and Attorney-General Abdul Gani Patail...He alleged that the duo had purportedly hidden facts and falsified information regarding Anwar’s case a decade ago...." - Malaysiakini, 2/7/2008 "Cops to probe Anwar's report against their boss"

But then, we must not forget that even during the Anwar trial, there was an application to disqualify the prosecutors, and that disqualification application was based on a Statutory Declaration made by lawyer Manjeet Singh Dhillon and also a letter that had written to the Attorney General alleging that Prosecutors Dato' Abdul Gani Patail [now our AG] and Encik Azahar bin Mohamed were actively involved in requesting one Dato' Nallakaruppan to fabricate evidence against Anwar Ibrahim.. I know that lawyer Zainur Zakaria was cited, found guilty of contempt and sentenced to 3 months imprisonment, and finally the Federal Court allowed Zainur's appeal.

But , I do not remember whether there was any investigation into that allegation about the fabrication of evidence...WHY, I wonder...

In any event, maybe it is just for the court, who should be provided with ALL information and facts concerning the case - and at the end of the day decide on what is before the court irrespective of the position or the power of persons involved. Court will decide without fear or favour - without worrying about possible transfer, or delayed promotions, etc..



The full 16-page statutory declaration sign by Abdul Razak Baginda's private investigator P Balasubramaniam on July 1 can be found in Malaysiakini today (3/7/2008) - "Private investigator's statutory declaration in full"
[http://www.malaysiakini.com/news/85502], and below are some extracts on points that I did comment on, and just stuff that is interesting... like the 'sodomy' issue here again :-

"...Abdul Razak Baginda informed me that:

1) He had been introduced to Aminah by Najib Razak at a diamond exhibition in Singapore.

2) Najib Razak informed Abdul Razak Baginda that he had a sexual relationship with Aminah and that she was susceptible to anal intercourse.

3) Najib Razak wanted Abdul Razak Baginda to look after Aminah as he did not want her to harass him since he was now the deputy prime minister.

4) Najib Razak, Abdul Razak Baginda and Aminah had all been together at a dinner in Paris.

5) Aminah wanted money from him as she felt she was entitled to a US$500,000 commission on a submarine deal she assisted with in Paris. ..."

"They then proceeded to record my statement from 8.30 am to 6pm everyday for seven consecutive days. I told them all I knew including everything Abdul Razak Baginda and Aminah had told me about their relationships with Najib Razak
but when I came to sign my statement, these details had been left out...."

"I have given evidence in the trial of Azilah, Sirul and Abdul Razak Baginda at the Shah Alam High Court.
The prosecutor did not ask me any questions in respect of Aminah’s relationship with Najib Razak or of the phone call I received from DSP Musa Safri, whom I believe was the ADC for Najib Razak and/or his wife. .."

Thursday, June 19, 2008

Shoot messenger ignore the message..The BN Way??

It was interesting how the BN and its cronies (including the 'government-linked-media[GLM] reacted to the position taken by SAPP. The message was ignored - and mud was slung at the messenger...
One NST report headline read 'He does not have support of own party'. - is he not the President...
Another headline read "Act of 'uncouth, irresponsible man', "A maverick politician" , blah...blah.
It was an attempt to be-little the impact of the thunderous slap given by SAPP to the current PM and his government.
Yong's past crimes were also highlighted -- oh yes, he was charged for illegal assembly, and after he pleaded guilty...he became Chief Minister.
He was allegedly charged of possession of dangerous weapons.
He lost his seat because the "....Election Court ruled that the electoral roll in the March 1999 elections was tainted with illegal voters.... also ruled that Yong's agents contravened the Election Offences Act by using billboards to smear a rival candidate...."
Come on...come on - we are here not to pass moral judgment on the this Yong character - and the PM and the BN must really look at the good reasons as to why they did what they did .

I was amused that "Menteri Besar Datuk Ahmad Said described Yong and his party's two MPs as ingrates. ..."( see NST,"Act of 'uncouth, irresponsible man' , 19/6/2008). After all, was this not the same man who stood so clearly against the Prime Minister, the head of Barisan Nasional, the head of UMNO. Did he not stand firm against all the other BN ADUNs....
(
ingrate - a person who shows no gratitude thankless wretch, ungrateful person unwelcome person, persona non grata - a person who for some reason is not wanted or welcome - definition found in an online Dictionary)
Maverick means '...being independent in thought and action or exhibiting such independence: maverick politicians; a maverick decision...' That is good, is it not - after all surely we do not want our MPs, ADUNs, and party leaders to be mere 'followers' of the PM and/or the powerful UMNO or the mighty BN.
Ah yes..but being a maverick is not permitted within the BN - remember Shahrir Abdul Samad, SK Devamany, mmm they were really blasted and taken to task for for their maverick-ness.

I believe there really is a serious need for a campaign for freedom of expression within the BN and its component parties.

BN has a meeting, and a member is not called for that meeting. It was SAPP .... now surely, it will not be right. Wonder whether it will be OK if the BN had a meeting and UMNO was not called to that meeting.... Wonder whether any decision made in such a meeting would even be valid... It could not have been a BN meeting -- but was only a meeting of some of the component parties.

Heard that more likely than not, there have been similar BN meeting -- where some of the component parties could have met...

Anyway, does the BN have some sort of constitution, membership approval removal mechanisms procedures.... (Could we all get it from the Registrar of Societies...?)

I believe that small SAPP has had the guts to come out and make a clear pronouncement of its position..., and rather than trying to throw mud on the President - it may be best if the PM and the BN government take heed to what they feel and said. In a land like Malaysia, we can say what one said is indicative of maybe what a 100 or 100,000 more feel, who may lack the guts to come out and openly say it....

In fact, a secret ballot amongst all the members of BN component party members as to whether they still have confidence in the PM and this government may sting reveal results similar to what SAPP has openly stated...

We all know how the rest of Malaysia feels...

All members of Parliament...and wakil rakyats must learn from the courage demonstrated by SAPP -- Oh yes, this also goes for all you Pakatan Rakyat MPs and ADUNs.

At the end of the day, remember that you serve the PEOPLE first...not the Party or the Coalition...

It is no use staying silent in the face of injustice ....and then many years later come out saying that "I did protest...I did protest"... it is no use.

All you MPs of the BN today, your silence indicate that you are OK with the price hikes, you are OK with the use of water cannons, tear gas, arrest, detention of persons who just want to express themselves, etc.. The only way that we will know different is when you do come out and express that difference.

There will be attempts to force SAPP to withdraw their expressed position --- maybe also there may be attempts to support some anti-Yong factions within SAPP to try get rid of this President and all its supporters so that SAPP will once again be led by pro- Abdullah pro-BN kind of personalities....mmm. We shall see..we shall see...

Newspapers too must really learn to be independent -- There should have been at least some detailed reports looking into the reasons why SAPP did what they did...These was all clearly stated in the statement they issued, part of which I quote again..

"...
us to recover our autonomy, get 20% oil royalties and return of Labuan would be lost.

Unfair federal laws, excessive taxes and structural imbalances in the economy will remain entrenched.

Sabah will remain the poorest state subservient to the central leadership.

Labuan bridge, poverty eradication and rural development will remain elusive.

Racial politics and wasteful monopolies will continue as usual.

The illegal immigrant problems will reach boiling point.

Grown up street kids, illicit drugs and crimes will continue to strike fear among the people.

Police and law enforcement will remain understaffed and under-resourced.

In other words, Sabah will lose out badly again. We will not get this window of opportunity for another 50 years, if ever again. In fact, we have now become suspicious of their delaying tactics.....

The people are also suffering from high inflation resulting from the recent astronomical and unexpected fuel price hikes which was contrary to a BN election promise. Fuel prices have brought about stagnation in the business sector.

Unemployment and social problems will rise.

But the government's responses seem ad-hoc, flip-flop and lacking in foresight with a fire fighting style.


This is why we have to START INSULATING ourselves from the external shocks such as oil prices and food crisis. The food and energy crises will last a few years. The effects will be around for many more years. This is worse than the financial crisis of 1997-98 from which Malaysia took five years to sufficiently recover....

With our political move today, SAPP hereby initiates the political process to claim 20% in oil royalties which is after all the natural resource of Sabah. With that extra billions, we can invest in agriculture, education, capacity-building and achieve self-sufficiency in many things. We can therefore insulate ourselves from the external shocks or economic tsunami...."

Save for Malaysiakini (and maybe some other alternative media), I did not come across any mainstream media talking about the reasons why SAPP did what it did...

Also interesting in Malaysiakini, is that report entitled "Sapp's expulsion will 'invite serious repercussion', where an UMNO member, interestingly is reported as saying that "...the stand taken by Sapp is “consistent with the concerns of Sabahans - oil royalty, illegal immigrants and the high inflation rate which can potentially increase the poverty level in Sabah”.

So, is SAPP really alone....or is it really a spokesperson for majority of the wakil rakyat of Sabah...

Was that a factor that resulted in the BN not taking steps towards the expulsion of SAPP from the BN...