Kasitah Gaddam & Eric Chia - Prosecution's failure to call witnesses - Was it just incompetence OR....?

The new Prime Minister (i.e. Abdullah Ahmad Badawi) came in and said that he was serious about fighting corruption - and, maybe to show that he was serious about it 2 BIG-GUNS were charged with corruption, one a famous businessman (seen by some as a good friend of the former Prime Minister Mahathir Mohammad), and the other a Land and Cooperative Development Minister (not an MP but a Senator).

Tycoon Tan Sri Eric Chia Eng Hock - he was acquitted in June 2007.

Kasitah Gaddam - he was just acquitted in 2009.

In both cases, it was as if the prosecution was not interested in ensuring that they be found guilty - and they failed to call important crucial witnesses, hence sabotaging their own case. Is this also not 'corruption'? Rakyat's money and resources have been wasted here...

In his 30-page oral judgment, he went on to fault the prosecution in every aspect of the case, from the way the main charge and alternative charge were proffered right to the tendering of documents, and its failure to call crucial witnesses.

Akhtar said the most glaring setback was the prosecution’s failure to call two material witnesses, who would have been able to confirm whether payment was needed for the technical assistance agreements (TAA) signed between Perwaja Rolling Mill Development and NKK Corporation.

He said former Perwaja company secretary R.R. Durai Rajasingam, who was involved in all Perwaja’s contracts, would have known the actual contents of the TAA.

“Yet the prosecution never called him. The question is why? I see nothing to say that he would be a hostile witness or give evidence against them.”

The judge also questioned the prosecution’s reluctance to call the five Japanese witnesses, including NKK Corporation, Japan, director N. Otani, who was present at the signing of the TAA in Japan in 1993.

“I wonder whether it was the Japanese witnesses who were reluctant or the prosecution was the one reluctant to bring them here,” he said.

Akhtar also said the prosecution’s contention that the TAA was free fell flat in its face when tendering its documents at the trial as they clearly stated that the agreements would be effective upon receiving first payment.

Another document by NKK Corporation not only requested for the payment to be in a lump sum but also stated the amount.

He said the prosecution failed to lead any evidence to show fabrication of that document, which it contended.- Star, 27/6/2007, Eric Chia acquitted of CBT

Now, see the similarities in the Kasitah Gaddam's case...

Former land and cooperative development minister Tan Sri Kasitah Gaddam was acquitted and discharged by the High Court here of committing corrupt practice and cheating involving shares belonging to the Sabah Land Development Board (SLDB) in 1996.

Judge Justice Suraya Othman ruled that the prosecution had failed to establish a prima facie case on both charges for the court to call Kasitah to enter his defence.

“The essential ingredients of both the offences of corrupt practice and cheating were not made out on the facts before the court. In the circumstances, the accused stands acquitted and discharged of both the charges against him,” Suraya said in her 74-page judgment.

Kasitah, 62, was the first Cabinet member to be charged with such crimes.

Not guilty: An overjoyed Kasitah sharing his elation with his wife Puan Sri Rosni Ambuting and lawyer Datuk Muhammad Shafee Abdullah after his acquittal of corruption and cheating charges at the Kuala Lumpur High Court Wednesday.

Immediately after the verdict, Kasitah said he was relieved and happy, adding that the judgment was a “pleasant surprise”.

“I want to see my mother in Ranau and spend a few days with her. Then, I want to perform the umrah with my family and close friends. After that I will think about reorganising my life,” he said.

His wife Puan Sri Rosni Ambuting and his grandaughter Jennay Joanis rushed up to kiss and congratulate him immediately after the court’s decision was announced.

Kasitah had claimed trial to using his position as SLDB chairman for his financial gain by taking part in the decision to approve a proposal to sell 16.8 million shares held by the board in Sapi Plantations Sdn Bhd to Briskmark Enterprise Sdn Bhd, where he was promised 3.36 million shares in Sapi Plantations on Oct 22, 1996.

On the second charge, Kasitah was alleged to have cheated the SLDB board members by omitting to disclose the offer by PPB Oil Palms Sdn Bhd to allocate five shares of the company for each share of Sapi Plantations in the proposal by company for listing on the KLSE.

He thereby dishonestly induced them to approve the sale of 16.8 million shares held by SLDB in Sapi Plantations to Briskmark Enterprise whereas they would not have approved the sale if they had known about the offer by PPB Oil Palms.

Justice Suraya said the failure of the prosecution in not calling six board members who were present in the meeting was detrimental to the case as it had created a big gap over the question of whether the board members were actually cheated by the accused.

She also said that evidence by lawyer cum board member Catherine Yong was very damaging as she did not indicate that Kasitah had misused his position or influence her or other board members during the meeting.

Besides that, the judge said there was no element of inducement on the part of Kasitah to the board members.- Star, 13/8/2009, Kasitah freed of corruption charges

The questions that many may be asking are:-

1) Whether the arresting and charging of these persons just a 'political drama', or was merely politically motivated? If this be the case, the police and the Public Prosecutor may be guilty of abusing their powers. Charging someone without even doing proper investigations or getting sufficient evidence is definitely wrong. Who is going to compensate them for the monies spent for lawyers, etc and for the pain and suffering they suffered. Who is going to compensate for the impact on Kasitah's political career? So, did the police and the Public Prosecutor just do the bidding of their then political master, and not the job they are meant to do independently and honestly, without fear or favour?

2) Did the Public Prosecutor throw the case...sabotage their own case..by not disclosing to court all the incriminating evidence they had...or calling all the necessary witnesses? Was this done at the bidding of their 'political master'? Was this done because there was 'corruption' involved?

If they had called all necessary witnesses, and adduced all available witness, and then the court found them not guilty, we would not be asking these questions now. But the fact is that both judges in both cases, as reported in Star, finds that the prosecution did fail to call material witnesses, and or adduce required evidence...

Appeal to the Court of Appeal may also be useless. Why? Because the Court of Appeal will only be able to consider evidence already adduced during the trial at the High Court. Hence, evidence of witnesses not called or other evidences not adduced at the trial stage by the prosecution will also not be available for the Court of Appeal to consider. New evidence, just found not available at the time of trial, may be brought in ....but, in this case, we are talking about the prosecution - they should have all the required evidence before they even charge people...

Another trial - nope, our law does not allow a person to be charged and tried twice for the same offence...

Some may say that all this happens because our Malaysian police, Anti-Corruption Officers and the Public Prosecutor are incompetent and of 'poor-quality'...but, I would disagree, for I believe that they are sufficiently competent and are good when they want to...Hence, these failures in both these cases may be for some other reason...

Somebody should inquire into this matter...investigate it....after all, a lot of money was wasted here...

New guidelines need to be put into place ... as to when someone should be arrested? When someone should be tried? ...and maybe also about compensation to people who have been put to unnecessary expenses by the police, public prosecutors, courts...

Maybe 40,000 cases of dengue, and 100 plus deaths in 2008, and this year it is worse. Do not hide figures - just do more to erradicate Dengue..

I am shocked at the number of dengue cases in Malaysia last year, and also this year - and I wonder whether the government has been doing enough ....Remember, this is not H1N1, and is transmitted by mosquitoes, and the government can do a lot to ensure that there is less breeding opportunities for mosquitoes especially near human residences...

From what I see, they start fogging after someone has been hospitalized with dengue - too late....

Even grass is not cut properly - they only cut grass up to about 5 ft (or is it 3 feet) from the road... Why? Grass in all public spaces must be cut - and irrigation is also essential to ensure that water does not clog - and mosquitoes cannot breed. Regular fogging of certain areas will also help a lot...

2008 (until August 12) - 26,829 cases, and 62 deaths...

2009 (until August 12) - 28,127 cases and 67 deaths...

How many died in 2008? Maybe 100, maybe more (Why does our Malaysian government be transparent about this? Afraid that the tourism industry is affected...)

A total of 585 dengue cases with one death were reported from Aug 2 to 8, an increase of 17 cases, or three per cent, from the previous week.

The death involved a 32-year-old housewife who was a diabetic and lived in Taman Peringgit Jaya, Melaka Tengah, where two outbreaks with 13 cases had occurred this year, Director-General of Health Tan Sri Dr Mohd Ismail Merican said on Thursday.

He said the woman started having fever and joint aches on July 21 but only sought treatment at a private clinic five days later.

She was diagnosed as having respiratory tract ailment and warded at the Melaka Hospital on July 28 after her mother found her unconscious, he said in a statement here today.

Dr Mohd Ismail said the woman was suspected of having dengue haemorrhagic fever and meningoencephalitis, or infection of the meninges, and was confirmed as suffering from dengue the same day.

She died on July 29 due to complications from shock syndrome.

Dr Mohd Ismail said that from Aug 2 to 8, six states recorded an increase in dengue cases. They were Johor (64 per cent), Melaka (35 per cent), Pahang (29 per cent), Negeri Sembilan (21 per cent) and Sabah (17 per cent) and Selangor (eight per cent).

The accumulated cases for this year stood at 28,127 with 67 deaths compared with 26,829 cases and 62 deaths for the corresponding period last year, he said, adding that this represented a five per cent increase, or 1,298 cases.

Dr Mohd Ismail said that up to Aug 8, 27 hot spots were reported, four less than the previous week while nine localities were declared to be free of hot spots.

On chikungunya, he said 27 cases were reported, a drop of eight cases from the previous week and only Sarawak, Pahang and Johor showed an increase.

However there were no Chikungunya-related deaths so far. --BERNAMA, 13/8/2009, More Dengue Cases And One Death For Aug 2-6

Did the Malaysian police push 3 Vietnamese women out of the 11th floor window, killing 2? - Today, this is a question that many Malaysians may ask...

Did the Malaysian police push them out of the window on the 11th Floor....today, we have to ask these kind of questions after what happened to Teoh. The police version of the 'truth' is no more sufficient - we need an independent inquiry...an independent assessment of what really happened..

3 Vietnamese women apparently 'jumped' or 'fell' or 'slipped' of the 11th floor - Logical or not? I do not think so...since what were they running from?

There seem to be no indication they were 'drug traffickers', for if so fear of the death penalty may be a reason for running...

Were they committing any offence when the alleged police raid happened? Nope .... some sex stimulant drugs found interestingly in the bags of the 2 that died. Questions. Was it planted later? Anyway, what is wrong with having sex stimulant drugs - In Malaysia, many seek out the 'tongkat Ali' and other sex stimulant drugs, and possession of these does not make you a criminal...or a 'prostitute'?

Did the 3 women from Vietnam have proper documentations? I believe so - and so, we wonder why these 3 Vietnamese tourist were even targeted?

For 1 women to climb out of the window in fear of the police ....and slip ....maybe - but for all 3 women to slip and fall from the 11th floor...mmm. The police can say anything - but will Malaysians believe them? No more..

There must be a proper public inquiry into the deaths of these 2 Vietnamese - and let's make sure that the police does not 'tamper' with the surviving Vietnamese witness...

The inquiry must be conducted by an independent body - not the police...(but alas, we still do not have that IPCMC)

Quere:
1 - Was the raid an authorized raid?
2 - What was the basis of the raid?
3- Was the raid VDO-taped?
4 - Were the police personnel wearing uniforms? ( Why - because if you are 3 women alone in an apartment - and suddenly the door is opened/broken down, and in rushes some strange men shouting in a language you do not understand - you may very well panic, and flee possible rape, sexual assault, robbery, murder, etc ...and may try to escape through the window...)
5 - Were the warnings given in Vietnamese?

One of the three Vietnamese women who fell from the 11th floor of an apartment in an attempt to escape a police raid on Tuesday has survived despite having severe fractures.

The 25-year-old woman is in stable condition at the Penang Hospital.

The three were believed to have been involved in vice activities and police recovered pills, believed to be sexual stimulants, from the bags belonging to the two who died.

The women, aged 23 and 33, died on the spot after they slipped while climbing out of the apartment unit in River Road here through a window and landed some 30m below.

Their bodies were found in a pool of blood in the open space at the apartment block while the woman who survived landed in a garbage bin in the 9.50pm incident.- Star, 13/8/2009, Vietnamese woman survives 11-floor fall

Just because you are young woman from Asia traveling with other young women, you must be involved in vice - is that not prejudice? Wonder how many raids there have been on apartments where there are groups of young single American, Australian, European women...?

And, if you have condoms and sex-stimulant pills, then you MUST be sex workers - is that not prejudice?

Newspapers must also be careful in their reporting - use the word 'alleged' when reporting about things that police is alleging. Remember that all is presumed to be innocent until proven guilty...

Like BN, the Pakatan Rakyat may also be depriving its MPs (and ADUNs) of freedom of opinion, freedom of expression,....mmm GAG...GAG...GAG

Is Pakatan becoming like BN?

Pakatan MPs and ADUNs must support all Pakatan decisions and views (No more freedom of opinion...or freedom of expression)

Pakatan MPs and ADUNs cannot support any ideas, comments or suggestions coming from the BN and/or others...mmm

Pakatan Rakyat leaders will meet Thursday to discuss the possibility of imposing a gag order to prevent their respective MPs and state assemblymen from openly criticising their colleagues.

PKR adviser Datuk Seri Anwar Ibrahim said both DAP adviser Lim Kit Siang and PAS president Datuk Seri Abdul Hadi Awang had agreed to the meeting.

“Each party will be represented by about 30 leaders. We will discuss whatever problems we have. We do not want Pakatan’s credibility to be undermined due to open squabbling, especially through the media,” he said. - Star, 12/8/2009, Pakatan may gag its MPs, reps

“The workers knew the gas was poisonous..." is no justification for the death of 6

Yes, it was an industrial accident - and 6 died. See earlier post: 6 persons died by reason of amonia gas leak in Tanjung Karang...Malaysia - A Occupoational Safety and Health Issue?

Workers are human beings, and the Malaysian government must start to care about workers safety and health issues..

The government must start sending labour inspectors (DOSH officers) to all workplaces to ensure that no more workers die and/or are injured at their workplace.

Not compliance with DOSH standards must not be viewed lightly...

Six people, including a store manager who tried to save a Bangladeshi worker, died from inhaling ammonia that leaked from a faulty refrigeration system at a jetty in Kampung Bagan Pasir here.

Three other Bangladeshi workers who also suffered from the gas leak have been warded at the Tanjung Karang Hospital.

Manager Lim Kian Chew, 35, collapsed after pulling out a Bangladeshi worker who had fainted while working inside a makeshift cooler tank that was used to store fish.

Four other Bangladeshi workers, who joined Lim’s relative Kim Son, 58, and two of his neighbours, Sia Liang Huat, 33, and Gan Ayong, 30, in responding to calls for help, also died in the 8am incident yesterday.

zone: Six people were killed and three others hurt after inhaling ammonia gas that leaked from a faulty refrigeration system at a jetty in Kampung Bagan Pasir.

The noxious ammonia was being used as a refrigerant in the cooler tank.

When firefighters arrived at 9am, they found nine people unconscious and foaming at the mouth next to one of the four cooler tanks in the jetty area.

A firefighter said the smell of ammonia was so strong that he could smell it through his breathing apparatus.

The victims were sent to the hospital where six of them were pronounced dead on arrival.

Selangor Fire and Rescue Department director Soiman Jahid told reporters that residents from 15 houses within 100m of the jetty were ordered to evacuate for several hours until the situation was under control.

“This is the first time we have responded to a case like this in Selangor,” he said.

Three fire engines, including a hazardous materials response team (Hazmat) from Section 15, Shah Alam, were dispatched to the emergency.

Water was used to dissolve the gas contained in the faulty cooler tank and later soda ash was applied to neutralise the liquid ammonia.

Kian Chew managed the store for his elder brother Kian Boon, 38, who sells the fish that is used to make fertiliser.

Kian Boon said the cooling system had leaked before, adding that the salt water caused the refrigerator coils to corrode and he spent RM10,000 in April to change the coils.

“The workers knew the gas was poisonous but they did not know how hazardous it was,” he told The Star reporters. - Star, 12/8/2009, Six die of ammonia poisoning

**************************

AMMONIA is a colourless, highly irritating gas with a pungent, suffocating odour.

Eighty per cent of ammonia produced by industry is used in agriculture as fertiliser.

Ammonia is also used as a refrigerant gas, which was the case in yesterday’s incident in Tanjung Karang where six people died after a leak at a refrigeration facility.

Other uses of ammonia are to purify water and in the manufacture of plastics, explosives, textiles, pesticides, dyes and other chemicals.

It is also found in many household and industrial-strength cleaning solutions.

How ammonia kills

Ammonia acts immediately upon contact with any available moisture in the skin, eyes, respiratory tract, and particularly mucous surfaces to form the very corrosive ammonium hydroxide.

Ammonium hydroxide leads to cellular destruction, causing cell proteins to break down, resulting in inflammation.

Inhalation of lower concentrations can cause coughing, and nose and throat irritation.

Exposure to high concentrations of ammonia causes an immediate burning of the nose, throat and respiratory tract. This can result in respiratory distress or failure.

Ammonia’s odour is highly noticeable due to its stench but it also causes olfactory (smelling) fatigue or adaptation, reducing awareness of one’s prolonged exposure at low concentrations.

What to do if one comes into prolonged contact with ammonia? Ammonia’s effects can be treated.

Wash affected skin and eyes with copious amounts of water.

Ingested liquid ammonia is diluted with milk or water.- Star, 12/8/2009, The ABCs of ammonia

Malaysia's and ASEAN's response to the finding and the sentencing of Aung San Suu Kyi by the Burmese court....

It is good that the ASEAN is once again voicing out on an injustice committed by one of its member countries, i.e. Burma.

See earlier post:- Aung San Suu Kyi Guilty - 3 years prison with hard labour - then reduced to 18 months house arrest. Release her, and restore democracy to Burma

ASEAN Chairman’s Statement on Myanmar
11 August 2009, Bangkok
http://www.aseansec.org/PR-090812-1.pdf

Thailand, as the ASEAN Chair, has learned with deep disappointment that Daw Aung San Suu Kyi was sentenced to serve eighteen months of house confinement with limited freedom. The Chair wishes to reiterate the calls made by the ASEAN Foreign Ministers attending the 42nd ASEAN Foreign Ministers’ Meeting and the 16th ASEAN Regional Forum held in July 2009 in Phuket, for the immediate release of all those under detention, including Daw Aung San Suu Kyi, with a view to enabling them to participate in the 2010 General Elections.

Such actions will contribute to national reconciliation among the people of Myanmar, meaningful dialogue and facilitate the democratization of Myanmar. Only free, fair and inclusive General Elections will then pave the way for Myanmar’s full integration into the international community.

ASEAN member countries wish to see Myanmar, a fellow ASEAN member, be at peace, prosperous and well respected in the international community. We stand ready to cooperate with the Myanmar Government in its efforts to realize the seven steps to democracy and remain constructively engaged with Myanmar in order to build the ASEAN Community together. We also continue to support the ongoing good offices of the United Nations Secretary-General and urge Myanmar’s full cooperation with the United Nations.

And, interestingly Malaysia also had a response, i.e. We need an urgent ASEAN meeting on this.

Malaysia's foreign minister Tuesday pressed for an "urgent meeting" among his ASEAN counterparts after the Myanmar junta ordered Aung San Suu Kyi to stay under house arrest for 18 months.

"I think there is a need for ASEAN foreign ministers to have an urgent meeting to discuss this issue, which is of grave concern," Foreign Minister Anifah Aman told Agence France-Presse.

"With this sentence there is no possibility for Aung San Suu Kyi to participate in the general election next year which should be free, fair and inclusive," he added.(AFP) - Inquirer.Net, 12/8/2009, Malaysian pushes for ASEAN meeting on Suu Kyi

Aung San Suu Kyi Guilty - 3 years prison with hard labour - then reduced to 18 months house arrest. Release her, and restore democracy to Burma

After independence on 4/1/1948, Burma was a democracy until an army coup in 1962. In 1990, the military regime said they will restore democracy and a general elections was held. Of the 485 Parliamentary seats contested, Aung San Suu Kyi-led National League for Democracy(NLD) won 392 (over 80%). Ethnic minority parties won 65 more seats. The military junta abdicated in its promise, and continued to rule. Aung San Suu Kyi has spend 14 out of the last 20 years in detention.

The detention itself was wrong - and, now she is found guilty of breaching a condition of her detention. [ See below, for similarities in Malaysia's Detention Without Trial Laws..]

I call for the immediate and unconditional release of Aung San Suu Kyi and all other political detainees, and for a return of democracy to Burma.

Burma pro-democracy icon Aung San Suu Kyi was sentenced to another 18 months of house arrest by a Burmese court on Tuesday.

The special court set up at Rangoon's notorious Insein Prison was originally scheduled to deliver its verdict on July 31 but postponed the decision until Tuesday, citing legal problems.

She was initially sentenced to three years injail with hard labour, but the sentrence was commuted to another 18 months under house arrest.

The case stemmed from a May 3 incident in which American national John William Yettaw, 53, swam, uninvited, to Suu Kyi's home on the edge of Inya Lake and stayed there until May 5.

The military junta said Yettaw's presence violated the conditions of the Nobel peace laureate's house arrest.

Yettaw was sentenced to seven years of hard labour.

Mrs Suu Kyi had argued it was not her responsibility to keep intruders out of the grounds of her home. It was the responsibility of the Burmese authorities who kept her imprisoned there.

The case is proving to be a major headache for Burma's powerful generals, caught between growing international pressure to free Suu Kyi and what critics say is their determination to keep her locked up during elections due in 2010. - Bangkok Post, 11/8/2009, Junta returns Suu Kyi to house arrest

The courtroom was initially told that Ms Suu Kyi was sentenced to three years in prison with hard labour.

But after a five-minute recess, Burma's home minister entered the courtroom and read out a special order from the country's military ruler Than Shwe that commuted the sentence to 18 months and said it could be served under house arrest.- BBC News, 11/8/2009, Burma's Aung San Suu Kyi 'guilty'

Likewise in our ISA and other Detention Without Trial Laws, there is these restrictions and conditions...and a breach of these conditions makes a person liable to a criminal offence which on conviction is punishable with imprisonment up to two years. It is really unjust and totally wrong. I refer you to an extract from an article that I wrote several years ago. [For the full article, you could go to Malaysia & Human Rights Website or the Malaysian Bar website ]

Besides the Detention Order, the Restriction Order is an alternative DWT order available to the Minister under the ISA, E(POPC)O and the DD(SPM)A. In my opinion, this is a more repressive order, because a breach of the conditions or restrictions makes a person liable to a criminal offence which on conviction is punishable with imprisonment up to two years. The RRA only allows for the imposition of a Restriction Order.

To appreciate the kind of restrictions and conditions that can be imposed on a person subjected to a Restriction Order, s 8(5) ISA is set out below: ‘If the Minister is satisfied that for any of the purposes mentioned in subsection (1) it is necessary that control and supervision should be exercised over any person or that restrictions and conditions should be imposed upon that person in respect of his activities, freedom of movement or places of residence or employment, but for that purpose it is unnecessary to detain him, he may make an order (hereinafter referred to as a restriction order) imposing upon that person all or any of the following restrictions and conditions:

a) for imposing upon that person such restrictions as may be specified in the order in respect of his activities and his places of his residence and employment;

b) for prohibiting him from being out of doors between such hours as may be specified in the order, except under the authority of a written permit granted by such authority or persons as may be so specified;

c) for requiring him to notify his movements in such manner at such times to such authority or persons as may be specified in the order;

d) for prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to, any organisations or association, or from taking part in any political activities; and

e) for prohibiting him from travelling beyond the limits of Malaysia or any part thereof specified in the order except in accordance with permission given to him by such authority as may be specified in such order.’ (s 8(5) Internal Security Act 1960)

In the case of the E(POPC)O, the conditions and restrictions which cover similar areas, are elaborated even further and one significant addition is the inclusion of Police Supervision Orders[16].

‘If the Minister is satisfied that for any of the purposes mentioned in section 4(1) it is necessary that control or supervision should be exercised over any person or that restrictions or conditions should be imposed upon that person in respect of his activities, freedom of movement or places of residence and employment, but for those purposes it is unnecessary to detain that person, he may make an order (hereinafter referred to as a ‘restriction order’) imposing upon that person (hereinafter referred to as a ‘restricted person’) all or any of the following restrictions and conditions:

a) that he shall be subject to the supervision of the Police for any period not exceeding two years;

b) that he shall reside within the limits of any State, districts, mukim, town or village specified in the restriction order;

c) that he shall not transfer his residence to any other State, district, mukim, town or village, as the case may be, without the written authority of the Chief Police Officer of any State concerned;

d) that except so far as may be otherwise provided by the restriction order, he shall not leave the State, district, mukim, town or village within which he resides without the written authority of the Chief Police Officer of the State concerned;

e) that he shall at all times keep the Officer in Charge of the Police District in which he resides notified of the house or place in which he resides;

f) that he shall be liable, at such times or times as may be specified in the restriction order to present himself at the nearest police station;

g) that he shall remain within doors, or within such area as may be defined in the restriction order, between such hours as may be specified in the restriction order, unless he obtains special permission to the contrary from the Officer in Charge of the Police District;

h) that except in so far as may be otherwise provided by the restriction order, he shall not enter any State, district, mukim, town or village specified in the restriction order;

i) that he shall keep the peace and be of good behaviour;

j) that he shall enter into a bond, with or without sureties as the Minister may direct and in such amount as may be specified in the restriction order, for his due compliance with the restrictions and conditions imposed on him by the restriction order. (s 4A, Emergency (Public Order and Prevention of Crime) Ordinance[17])

The length of the Restriction Orders is not clear, but s 4A(2) of the E(POPC)O seems to imply that this period could be up to five years. But note that in the DWT laws, the Minister also has the power to renew the detention/restriction orders for periods of not more than two years at a time, for an indefinite period.

As was mentioned earlier, a contravention of a restriction or condition would result in a commission of an offence, and if this contravention is proved, the said person ‘shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years and not less than two years’[18] under the E(POPC)O. Under the DD(SPM)A, he can ‘be punished with imprisonment for a term not exceeding five years and not less than three years’[19]

6 persons died by reason of amonia gas leak in Tanjung Karang...Malaysia - A Occupoational Safety and Health Issue?

6 workers killed in what looks like an industrial accident.... leaking amonia gas...

Tanjung Karang: Six died after inhaling leaked ammonia gas behind the Bagan Pasir Chinese temple here, this morning.

The bodies of the victims, comprising four locals and two Bangladeshis, are now at Tanjung Karang hospital mortuary. - New Straits Times, 11/8/2009, Ammonia gas leak, six dead

Profits are more important in Malaysia - and occupational safety and health of the workers are not important...

Occupational Health and Safety seems to be no longer important...and did the 746 workers who died in industrial accidents in Malaysia in 2008 because occupational safety and heath requirements and standards were not met?

Now, we are told that about 90% of transportation companies in Malaysia are not even bothered about Occupational Health and Safety matters...

A few weeks ago, we were told that 90% estates in Malaysia fails to meet Occupational Safety and Health standards ... [ See earlier post: Worker Safety is not a BN priority - Occupational Safety and Health is no more important - 90% Transportation Companies...90% Estates..]

What about Pakatan Rakyat? Are they different from BN? Are they concerned about workers, and occupational safety and health of workers? To date, it is not at all evident...and remember, there is not much disclosure yet about the death of the 7 workers arising from an unapproved demolition exercise of the old Jaya Supermarket building in Petaling Jaya - hardly a kilometer from the Petaling Jaya's local council building...

Was there an enquiry? Was there an 'act of kindness' in the form of some sort of compensation/donations by the Selangor government (or the relevant Local Council) to the family of the deceased? Has there been a 'black-listing' of the company, its directors and its shareholders... Well, they were after all poor migrant workers that died - and someone important or politically significant...

Did the police try to arrest them...or did they just shoot to kill them? Extrajudicial killing must be condemned..

Another police 'shoot to kill' incident where 4 persons were killed...

Where did the 'murder' happen? At the site of the robbery...after the robbery? And, if so why were the police already there present and waiting...

Extrajudicial killing must be condemned.... Remember every person is presumed innocent until proven guilty...

The police says that they are robbers ....but alas the dead cannot defend themselves...hence, we need a procedure (an inquest or something else) in place whereby it must be shown to the court that :-

(1) The dead are indeed robbers, as alleged - and some innocent person;

(2) That the police had no choice but to shoot them dead [ Did the police try to arrest them? Did they shoot to disable and arrest ...or to kill?]

Four highly wanted and dangerous Indonesian robbers were shot dead by the police at 6.45am in Rawang after they attempted to rob a house in Jinjang here. - Star, 11/8/2009, Four wanted Indonesians killed by police

Just yesterday, my attention was drawn to yet another shoot to kill incident that took place in Sarawak where the police shot dead 5 robbers. See post: Were the 5 all robbers? Did they deserve to be all shot dead by the police?, and another relevant newspaper report, - Borneo Post, 11/12/2008, Woman shocked hubby one of five robbers shot dead

State Government cannot set up Selangor Royal Commissions of Inquiry - this is just an excuse, is it not?

In response to my posting (below), someone responded stating that only the Federal Government can establish a Royal Commission...

It is the power of Fed Govt to establish royal com. State Govt only can blacklist contractors and set new guidelines for demolition & other safety measures.

Why can't the HRH Sultan of Selangor set up a Selangor Royal Commission of Inquiry? Why can't the State Government set up a Commission of Inquiry? After all the deaths happened in the State of Selangor, did it not?

Just because, it has never been done before when Selangor was governed by the BN does not mean that it can never be done now when this state is being governed by the Pakatan Rakyat...

Malaysia is a Federation - and States have powers still to do as it pleases within the State...It can even acknowledge rights within the State - just include rights in the State Constitution, and this rights can be more than those now stated in the Federal Constitution - right to food, shelter and clothing, right to universal healthcare, right to freedom of information, etc...

Not doing anything now - giving the excuse that things will be done ONLY when Pakatan Rakyat is able to take over the Federal Government is an excuse that only fools will accept. ...

That earlier post is Royal Commission of Inquiry for 7 workers who were killed in 'unapproved' demolition work of Jaya Supermarket building - Petaling Jaya, Selangor??

In the end of May 2009, in Petaling Jaya, Selangor (a Pakatan Rakyat governed State), 7 people ...workers lost their life, and I wonder whether the will be any Royal Commission of Inquiry...or any Inquiry into the death of the 7.

Remember, the construction company (the employer) started demolition works without the requisite approval from the Department of Occupational Safety and Health(DOSH) - and apparently, with the approval of the local council.

Is there any investigation going on?

The 7 deceased workers - what are their names? Have their family been compensated? Etc..

Oh, you appointed (not-elected) Local Councillors of PJ... MB and government of Selangor -- Minister of Labour (in charge of approvals, employments, SOCSO/Workers Compensation) from the UMNO led-BN Federal government - UPDATE us....

This is Malaysia - and we do have the tendency of not being bothered about the 'small' people - the workers, the peasants, the poor - Sweep it under the carpet - that is the way things are done here. Is the Pakatan Rakyat any different?

The bodies of all seven workers trapped in the rubble of the collapsed Jaya Supermarket building here have been recovered.

The last three were pulled out yesterday, said Petaling Jaya OCPD Asst Comm Arjunaidi Mohamed.

On Thursday, the five-storey portion of the supermarket building collapsed right to the basement, where the car park was located, during demolition work. - Star, 31/5/2009, Bodies of all seven trapped workers found

The Department of Occupational Safety and Health did not give approval for the demolition of the Jaya Supermarket in Petaling Jaya, said Human Resources Minister Datuk Dr S. Subrama-niam.

He said the developers had a demolition permit from the local authority and while they had applied for the department’s approval, they did not obtain it when they started the demolition work.

Dr Subramaniam said the department began its investigations on Monday and it would take about two weeks to complete. - Star, 3/6/2009, Jaya Supermarket demolition done without approval

This is a really old story - why bring it up again? Well, we have to because if not 'they' may 'cover-it-up' and the victims will not get justice, and the wrong-doers will get off scot-free. We, who want answers, must persist and repeatedly knock at the doors until finally we will get some answers...

See also earlier posts:-

Jaya Supermarket Collapse: 7 Workers dead - Is there a 'cover-up'?

PJ Local Council's responsibility in the death of 7 Jaya Supermarket incident cannot be ignored...

Jaya Supermarlet Demolition tragedy :- Pictures reveal 'mistakes' that resulted in 7 dead workers

Worker Safety is not a BN priority - Occupational Safety and Health is no more important - 90% Transportation Companies...90% Estates..

746 workers died in industrial accidents in Malaysia in 2008