No to death by hanging for 6 former Malaysian Armed Forces University students - Should the other 12 be charged for culpable homicide?

 

Media Statement – 24/7/2024

No to death by hanging for 6 former Malaysian Armed Forces University students – Sentence them instead to 30 – 40 years imprisonment, which is more humane and consistent with Malaysia’s current stance on death penalty and executions

Court should never endorse ‘self-help’ actions against suspected criminals by lay persons, and take action against Clinic for failure to report victim of suspected crime

As human beings and Malaysians, we do not want to anymore kill or murder anyone, even those that commit the most grievous of crimes. It is a folly to believe that we are innocent, because it is our courts that sentenced someone to death by hanging, and the State carried out the execution. As Malaysians, more so in a democracy, we are responsible for the laws of the land, and the acts of intentionally killing of anyone by the State.

MADPET (Malaysians Against Death Penalty and Torture) verily believes that justly, the Court of Appeal should not have, in the case of the killing of navy cadet Zulfarhan Osman Zulkarnain of Universiti Pertahanan Nasional Malaysia (UPNM) seven years ago, sentenced the 6, being Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri, and Abdoul Hakeem Mohd Ali to death. The court in this case, was reported saying, “Therefore, we unanimously decide that a single sentence is appropriate for all six defendants, and they shall be taken to a place of execution where they will be sentenced to death by hanging.”(Malay Mail, 23/7/2024).

For the crime of murder, no more does the Malaysian courts and Judges have no choice but to sentence the convicted to mandatory death penalty as it was in the past. Now, courts have the option to impose the alternative sentence of long-time imprisonment and whipping.

MADPET hopes that Malaysian Courts demonstrate justice and compassion and stop using the death penalty.

After 4/7/2023, There Is an Alternative Sentence, Other Than Death, For Murder

After the Abolition Of Mandatory Death Penalty Act 2023 (AMDP Act 2023) came into force on 4/7/2023, the sentence for murder (Section 302 Penal Code) was no longer the mandatory death penalty, it became it ‘shall be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes.’

Beside sentencing someone to death by hanging, there now is an alternative sentence available that does not involve the deprivation of life.

Alternative Sentence Available For Even MURDER Committed Before Mandatory Death Penalty Abolished.

Section 39 of the AMDP Act 2023 states that ‘Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 121, 121A, 302 or 364 or paragraph 130C(1)(a), 130I(a), 130N(a), 130O(1)(aa), 130QA(a), 130ZB(a) or 374A(a) of the Code, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the Code as amended by this Act even though the offence was committed before the date of coming into operation of this Act.’

This means that the new sentence applies for all ongoing trials and appeals, and it did not matter when the crime was committed.

This meant that when the Court of Appeal, allowed the Appeal on 23/7/2024 in the case of the killing of navy cadet Zulfarhan Osman, and found the 6 guilty of murder (s. 302), the Court did not have to sentence them to death, but had the option to impose the alternative sentence of  ‘imprisonment for a term of not less than thirty years but not exceeding forty years’ plus ‘whipping of not less than twelve strokes’

In this case, the court could have even sentenced the 6 to 40 years imprisonment, and these about 21 year old young adults when they committed the crime, would come out of prison when they are over 60 years old. This would be just.

Even for Murder, Courts Should Justly Avoid Death Sentence

In this case, there were about 18 others, then University Students, who were involved in the torture of the late navy cadet Zulfarhan Osman for over 2 days, and at the end, 5 took turns ‘pressing a steam iron on the entire body of the deceased (Zulfarhan), including his private parts, while one Abdul Hakeem was complicit in inciting and instructing the 5.  

After the end of torture on the 22^nd, Zulfarhan sadly passed away on 1/6/2017.

Whilst the 6, involved in the torture in the later stage using the steam iron, were sentenced to death, it is ironical that the other 12 only ended up with a sentence of 4 years imprisonment. They ought to have received a higher sentence as it is hard to say that their earlier torture did not contribute to the death.

Why were the other 12 NOT charged for culpable homicide not amounting to murder? SELF-HELP against suspected criminals by lay persons cannot be allowed.

Ironically, the 12 others were convicted Section 330 of the Penal Code -Voluntarily causing hurt to extort confession or to compel restoration of property, which is an offence prescribed usually for law enforcement. The 12 were just fellow students – not police or law enforcement. They have NO RIGHT to to extort confession or to compel restoration of property.

The law prohibits ‘self help’ when a crime is suspected? Reports must be made to the relevant law enforcement authorities when another is suspected of a crime.

Hence, to convict under Section 330 may be seen as an acceptance of ‘self-help’ by lay persons, including the ‘torture’ of persons suspected of a crime by persons, who are not legally empowered to enforce the law.

Should the 12 not have been charged, tried and convicted for the offence of culpable homicide not amounting to murder?

More so, since it would have been most difficult to establish whether it was the earlier torture, that involved kicking and beatings, or the later ‘steam iron’ torture that caused the death?

Section 330 should never be used for anyone other than police or law enforcement officers.

Why has no action been taken yet against the Military Hospital and the Clinic with regard the death?

A perusal of the High Court judgment, revealed that Rumah Sakit Angkatan Tentera (RSAT)/Military Hospital was allegedly informed on 23rd, a day after the 2-day torture ended, but failed to act.

The judgment also revealed that the deceased was allegedly then taken to the As-Salam Clinic for treatment on 27/5/2017, and for another follow-up treatment at the same clinic the following day – but the Clinic failed to inform the authorities of the crime. Surely, the clinic must have suspected that the patient was a victim of a crime, and should have immediately informed the police?

Should not action be taken against the Hospital and the Clinic, for if they had acted, death could have been avoided?

The deceased passed away on 1/6/2017, several days after the torture.

To sentence 6 to death, but the other 12 to just 4 years imprisonment may be a miscarriage of justice, or inadequate administration of justice. The failure of the 12 to immediately inform the authorities should also be a consideration – was it acquiescence to the ongoing torture that ended with death?

All responsible for causing the death should be held accountable.

Malaysia – Moratorium on Executions Pending Abolition of Death Penalty

Malaysia, since 2018 have committed to a moratorium on executions pending the abolition of the death penalty. Malaysia voted in favour in the United Nations General Assembly Resolution 73/175 of 17 December 2018, 75/183 of 16 December 2020 and 77/222 of 15 December 2022. Therefore, these resolutions were supported by the post GE14 Pakatan Harapan Government in 2018, the Perikatan Nasional government in 2020, and Prime Minister Anwar Ibrahim’s Pakatan Harapan led-coalition (also known as ‘Unity Government) in 2022.

Opposition and Government Parties for Abolition Ultimately – So ABOLITION Now

For, as long as Malaysia retains the death penalty in its laws, there is always a risk that persons will continue to be sentenced to death, and as such, MADPET calls for the total abolition of the death penalty.

Thus, in Malaysia, currently both the ruling parties in government, and the Opposition parties are for the ultimate abolition of the death penalty, and so, MADPET calls on Malaysia to take the next step after the abolition of the mandatory death penalty, to now totally abolish the death penalty.

Therefore,

MADPET calls for the Public Prosecutor, and/or the convicted 6, to appeal this decision of the Court of Appeal, with a view of changing the ‘death by hanging’ sentence for murder to the alternative sentence of long-term imprisonment.

MADPET calls for the Public Prosecutor to appeal this decision of the Court of Appeal, with a view of also reviewing the conviction of the 12 under Section 330 Penal Code, and to consider charging them for culpable homicide not amounting to murder. Self-help in punishing criminal suspects cannot be endorsed, and certainly not by a court of law.

MADPET also calls for the Public Prosecutor to consider taking actions against the Rumah Sakit Angkatan Tentera(RSAT)/Military Hospital and the As-Salam Clinic, including also relevant staff in these institutions,  for the actions/omissions with regard to this death. Surely, doctors and medical facilities are duty bound to report to relevant law enforcement when they come across a possible victim of crime.

MADPET reiterates its call for the abolition of the death penalty, and for the maintenance of a moratorium on executions pending abolition.

MADPET also reiterates its call for the abolition of the inhumane corporal punishment of whipping, that is now provided for in Malaysia’s criminal laws.

Charles Hector

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

 

#####

Note:

Extract from the relevant High Court Judgment [2024] 1 CLJ 795

‘Ringkasan Fakta Kes Pendakwaan

[17] Si mati, ZF, adalah pelajar UPNM, menginap di Asrama Jebat di bilik B-06. ZF telah disyaki mencuri sebuah laptop milik T1 di bilik asrama yang lain. Pada 20 Mei 2017 jam 9.30 malam, SP25 (rakan sebilik ZF), telah diminta oleh T1 untuk mencari laptop T1 di loker ZF dan di sekitar bilik ZF kerana T1 menuduh ZF mencuri laptopnya. SP25 mencari laptop itu tetapi tidak dijumpai. Menurut SP25, rakan sebilik ZF, iaitu T18, menyatakan bahawa bapanya, SP13, berkebolehan mencari barang hilang mengikut perubatan Islam. SP13 selepas dihubungi oleh anaknya T18, telah membuat solat hajat dan mendapat firasat bahawa ZF yang telah mengambil laptop. Ini membuatkan T1 menjadi sangat marah.

[18] Pada jam lebih kurang 1 pagi, masuk ke tarikh 21 Mei 2017, semasa ZF sedang tidur di biliknya, ZF telah dikejutkan oleh T1 dan SP20 dan ZF diarahkan pergi ke bilik 3-05. Di bilik ini, ZF telah disoal siasat oleh T1 dan telah dipukul oleh T1, T7, T9, T11 dan T12. ZF pada masa itu hanya berseluar tanpa baju. Walaupun ZF dipukul beramai-ramai, namun ZF masih tidak mengaku mencuri laptop T1.

[19] Pada sebelah pagi hari tersebut, ZF tidak hadir roll call. ZF kemudian dilihat berada di biliknya pada jam 6.30 petang, berpakaian sukan, berkeadaan lemah dan sakit tangan sehingga memerlukan bantuan SP25 untuk memakai baju.

[20] Selepas dipukul, di bilik yang sama dari jam 4.45 pagi sehingga azan subuh berkumandang jam 5.45 pagi, ZF telah dicucuh atau ditekap dengan seterika wap sambil disoal siasat. Pada masa ini, ramai pelajar telah bersurai dan hanya tinggal T1 hingga T6. Tertuduh-tertuduh, T1 hingga T5, telah mencucuh seterika panas ke badan ZF bergilir-gilir dan T6 yang mengarahkan lima tertuduh ini supaya ZF dicucuh. ZF menjerit dan menggelupur kesakitan setiap kali dicucuh dengan seterika. Pada masa itu, ZF hanya memakai boxer, tertiarap di lantai dengan kedua-dua tangan diikat.

[21] Selepas dicucuh dengan seterika pada 22hb dan beberapa hari ZF tetap berada di bilik 4-10. T1 dan T2 ada bersama mengawal ZF dan tidak meninggalkan ZF tanpa ada salah seorang atau lebih seorang tertuduh mengawalnya. Keadaan kecederaan ZF akibat ditekap seterika wap pada badannya menjadi menggelembung dan ada tompok-tompok kehitaman di badan dan sedikit darah di kulitnya, di seluruh badan. ZF dilihat tidur di atas katil dan berselimut. T1 hingga T4 bercakap mahu merawat sendiri ZF.

[22] Kawan ZF, SP23 bersama T8 merasa kasihan kepada ZF telah menulis surat layang meminta ZF diselamatkan dan pada 23 Mei 2017, SP23 telah menyelitkan surat itu di hadapan Rumah Sakit Angkatan Tentera (RSAT). Malangnya, tiada tindakan diambil untuk memberi bantuan ke atas ZF walaupun surat layang telah dibuat, malah surat layang ini telah tular dan diketahui oleh T1. T1 setelah mengetahui surat layang itu lantas telah membawa ZF ke bilik asrama yang lain. Selepas itu, ZF dibawa keluar dari UPNM dan menginap di hotel di Bangi dan membawa ZF ke Klinik As- Salam pada 27 Mei 2017 dan selepas itu satu lagi rawatan susulan (follow up) pada 31 hb di klinik yang sama. Selepas itu, ZF dibawa tinggal di Apartment De Centerum di Bangi. Di sinilah pada 1 Jun 2017, ZF tidak sedarkan diri dan nazak dibawa dengan ambulans ke Hospital Serdang dan disahkan meninggal dunia….’

 

Court of Appeal reinstates murder charge, death penalty for six former UPNM students over death of Navy cadet (VIDEO)

The father of the murder victim who was a former student of the National Defense University of Malaysia (UPNM) Zulfarhan Osman Zulkarnain, Zulkarnain Idros (second from right) and his wife Hawa Osman, appeared at the Appeal Court at the Palace of Justice in Putrajaya, July 23, 2024. — Bernama pic

Tuesday, 23 Jul 2024 12:38 PM MYT

PUTRAJAYA, July 23 — The Court of Appeal today imposed the death sentence on six former students of Universiti Pertahanan Nasional Malaysia (UPNM) for the murder of Navy Cadet Officer Zulfarhan Osman Zulkarnain seven years ago.

The sentence was meted out after a three-judge panel led by Judge Datuk Hadhariah Syed Ismail, allowed the prosecution’s cross-appeal to reinstate Section 302 of the Penal Code initially faced by all the accused.

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The accused are Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri, and Abdoul Hakeem Mohd Ali.

Delivering the unanimous decision, Judge Hadhariah stated that the High Court judge had erred in amending the original murder charge under Section 302 of the Penal Code to Section 304 (a) of the Penal Code.

“Therefore, the court allows the prosecution’s appeal to set aside the amended charge and reinstate Section 302 of the Penal Code,” she said, sitting alongside Judges Mohamed Zaini Mazlan and Datuk Azmi Ariffin.

In her ruling, Judge Hadhariah stated that the court found the five defendants had taken turns pressing a steam iron on the entire body of the deceased (Zulfarhan), including his private parts, while Abdul Hakeem was complicit in inciting and instructing the five defendants to do so.

“Therefore, we unanimously decide that a single sentence is appropriate for all six defendants, and they shall be taken to a place of execution where they will be sentenced to death by hanging.

“Thus, the court overturns the 18-year prison sentence imposed by the High Court on the six defendants and replaces it with the death sentence,” said the judge.

Initially, Muhammad Akmal, Muhammad Azamuddin, Muhammad Najib, Muhammad Afif, and Mohamad Shobirin faced murder charges under Section 302 of the Penal Code, which provides for a mandatory death penalty upon conviction.

Whereas, Abdoul Hakeem was charged as an accomplice under Section 109 of the same Code, which also carries a mandatory death penalty.

The Kuala Lumpur High Court had then found all six defendants guilty of causing injury to Zulfarhan with intent but without the intention to kill, under Section 304 (a) of the Penal Code, which provides for imprisonment of up to 30 years and a fine if the act was committed with the intent to cause death.

All of them were accused of committing the acts in a room at the Jebat Hostel block, UPNM, between 4.45 am and 5.45 am on May 22, 2017.

Zulfarhan passed away at the Serdang Hospital on June 1, 2017.

Meanwhile, the three-judge panel overturned the three-year prison sentences imposed on 12 other former students of the same university for injuring Zulfarhan to four years of imprisonment.

The 12 are Mohd Hafiz Fauzan Ismail, Mohamad Lukhmanul Hakim Mohd Zain, Ahmad Shafwan Berdal, Muhammad Amirul Asraff Mala, Luqman Hakim Shamsuri Agus, Muhammad Sufi Mohd Mustapha, Noriznan Izzairi Noor Azhar, Muhamad Ashraf Abdullah, Muhammad Danial Firdaus Azmir, Muhammad Hasif Ismail, Muhammad Adib Iman Fuad Ady Sani, and Mohamad Syazwan Musa.

They were found guilty of deliberately causing injury to Zulfarhan to obtain a confession that he had stolen a laptop and were charged under Section 330 of the Penal Code, which provides for a maximum penalty of seven years in prison and a fine, upon conviction.

All of them, now aged 28, were accused of committing the acts in two rooms at the Jebat Hostel block, UPNM, between May 21 and 22, 2017. — Bernama, Malay Mail, 23/7/2024

AG to file appeal against court’s ruling in navy cadet’s case

Bernama

-03 Nov 2021, 03:53 PM

The six accused escaped the gallows but were sentenced to 18 years’ jail yesterday after they were found guilty of culpable homicide not amounting to murder.

The judge said he was satisfied that the 90 burn wounds inflicted on navy cadet Zulfarhan Osman Zulkarnain by five of the accused using a hot steam iron had caused his death, but ruled that it was not premeditated murder. (Facebook pic)

KUALA LUMPUR:

The Attorney-General’s Chambers (AGC) will appeal against the High Court’s ruling to convict six students of the National Defence University (UPNM) for culpable homicide not amounting to murder of a navy cadet.

They were initially charged with murdering UPNM cadet officer Zulfarhan Osman Zulkarnain.

Attorney-General Idrus Harun, when asked whether the AGC would file an appeal to restore Section 302 of the Penal Code against the accused, said:Yes, we will file an appeal.

The six accused escaped the gallows but were sentenced to 18 years’ jail yesterday by High Court judge Azman Abdullah after they were found guilty of culpable homicide not amounting to the murder of Zulfarhan four years ago.

They are Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri and Abdoul Hakeem Mohd Ali.

Of the six accused, five were charged with the murder of Zulfarhan under Section 302 of the Penal Code, which carries the mandatory death penalty upon conviction, while Hakeem was charged with abetting the murder under Section 109 of the same Act, which carries a similar sentence.

The judge, in his decision, however, said that the court found all the accused guilty under Section 304 (a) of the Penal Code for causing injuries to the deceased (Zulfarhan) with no intent to murder, which carries a jail term of up to 30 years and shall also be liable to a fine, upon conviction.

The court also sentenced five of the accused, except Shobirin, and their 12 friends to three years’ jail after finding them guilty of injuring Zulfarhan.

Shobirin was previously charged with the same offence but was acquitted of the charge at the end of the prosecution’s case.

The 12 are Mohd Hafiz Fauzan Ismail, Mohamad Lukhmanul Hakim Mohd Zain, Ahmad Shafwan Berdal, Muhammad Amirul Asraff Mala, Luqman Hakim Shamsuri Agus, Muhammad Sufi Mohd Mustapha, Noriznan Izzairi Noor Azhar, Muhamad Ashraf Abdullah, Muhammad Danial Firdaus Azmir, Muhammad Hasif Ismail, Muhammad Adib Iman Fuad Ady Sani and Mohamad Syazwan Musa.

All of them, now aged 25, committed the offence in two rooms at the Jebat dormitory block, UPNM, on May 21 and 22, 2017.

Zulfarhan succumbed to his injuries at Serdang Hospital on June 1, 2017.

Azman, in his judgment, said he was satisfied that the 90 burn wounds inflicted on Zulfarhan by five of the accused using a hot steam iron had caused his death, but ruled that it was not a premeditated murder.

He said after considering the testimonies of two medical experts who were a prosecution and a defence witness respectively, the court found that Zulfarhan’s death was not a sudden death after being injured. - FMT, 3/11/2021

THE HIGH COURT JUDGMENT 

 

PP lwn. MUHAMMAD AKMAL ZUHAIRI AKMAL & YANG LAIN - see full judgment at

No to death by hanging for 6 former Malaysian Armed Forces University students – Sentence them instead to 30 – 40 years imprisonment, which is more humane and consistent with Malaysia’s current stance on death penalty and executions...(MADPET)

Anwar, has our Federal Government debt increased from RM1.2 Trillion to RM1.5trillion? Change Finance Minister? What is OUR DEBT now - be honest...

What exactly is Malaysia's Federal Government DEBT?

Based on Media Reports - it seems that Malaysian Federal Government Debt has been increasing since Anwar became Finance Minister and Prime Minister.

The recent statement in JULY 2024 - indicates that Anwar has FAILED to reduce Federal Debt, and maybe it has increased from the RM1.2 Trillion in January 2023 to now RM1.5 Trillion. (in the July media report, there is NO INDICATION that the RM1.5 Trillion, includes other liabilities.)

The prime minister said, he and the Public Service Department (PSD) would continue to find ways to ensure that this is realised, despite the government's debt reaching RM1.5 trillion.

Anwar, as FINANCE MINISTER, the people expect you to be VERY HONEST and speak clearly so that the people can KNOW and understand the financial state of the nation > as this has SERIOUS impact to all Malaysians, now and in the future...

In October 2022, the previous Prime Minister said

Total government debt and liabilities as of June 2022 is estimated to be at RM1.42 trillion and will rise further next year as Prime Minister Datuk Seri Ismail Sabri Yaakob’s administration tabled a deficit Budget 2023, the biggest federal spending plan to date. - Malay Mail, 7/10/2022

Then, in January 2023, Anwar said that the DEBT was RM1.5 Trillion, i.e. RM1.2 Trillion debt, and if plus liabilities, it is RM1.5 trillion.

In January 2023, Anwar said '"The problem with our debt is it has already touched RM1.2 trillion and if includes liabilities, it is RM1.5 trillion.' - hence, debt was RM1.2 Trillion. If we plus other liabilities(?) it is RM1.5 trillion."We have to accept this reality. We cannot feel complacent, living with the culture of contentment as if there is no problem," Anwar said during the 2023 Budget dialogue here today. - NST, 17/1/2023

Then, recently in July 2024, Anwar implies government debt reaching RM1.5 trillion

The prime minister said, he and the Public Service Department (PSD) would continue to find ways to ensure that this is realised, despite the government's debt reaching RM1.5 trillion."Some said Anwar is not being practical and only wants to be popular, saying that we have no money, but want to increase pay. Others say it is not likely to happen. - NST, 13/7/2024

WHAT IS THE TRUTH? WHAT IS THE MALAYSIAN FEDERAL GOVERNMENT DEBT? The additional 'liabilities' must also be explained? Some say, these are Federal Government GUARANTEES when others borrowed monies - details, please Mr Finance Minister Anwar Ibrahim.

a) So, Anwar, since January 2023, have you FAILED to reduce the Federal Government Debt? Has the DEBT increased? If so, should you not RESIGN - and get in a more competent Finance Minister?

b) What is the amount of the Federal Government DEBT, and what is amount of the Federal Government Debt(Plus Liabilities)? 

c) Does the 'Liabilities' include  government guarantees for the loan taken by other entities like 1MDB, etc? If NOT, what is amount of government guarantees for loans taken by others - and please inform the people who did the government stand as 'guarantors' and for what amounts?

Government guarantees are conventionally excluded from the federal debt and liability balance sheet but there is increasing call by opposition lawmakers to include it into the national fiscal management debate after the 1Malaysia Development Berhad corruption exposed taxpayers to the fund’s massive debt.

Over RM50 billion had been leaked or embezzled through the sovereign fund founded by disgraced former prime minister Datuk Seri Najib Razak, now facing trial for multiple corruption and power abuse charges for his alleged role in the fiasco...Up to June this year[2022], the Ministry of Finance said RM19 billion of the stolen monies have been recouped and deposited into a special account set up to clear 1MDB’s debt. The Malaysian government is still exposed to RM25.9 billion of the fund’s debt up to June this year, or 1.5 per cent of total debt-to-GDP. Meanwhile liabilities from private-public partnership projects, private-financing initiatives and programmes spearheaded by public infrastructure company PBLT Sdn Bhd dropped to RM149 billion from RM151 billion last year.

d)  Now, Malaysia is in a VERY PRECARIOUS financial position, for besides the Federal Government Debt(Plus Liabilities) plus government guarantees, ordinary Malaysians have also personal debts, whereby the HOUSEHOLD Debts was reported to be about RM1.53 Trillion in 2023, and this is VERY HIGH for a country with a population of about 30 million only...

The aggregate debt for households in 2023 has amounted to RM1.53 trillion, the Dewan Rakyat was told.Finance Ministry in a parliamentary written reply on Monday (March 18) said of the total, the largest portion of the debt was housing loans which comprised 60.5 per cent of the debt, followed by vehicle loans (13.2 per cent) and personal financing (12.6 per cent).

It added that other loans for other purposes include non-residential property purchases, credit card debt, securities and others.

In aggregate, the total household debt for 2022 was RM1.45 trillion, followed by 2021 (RM1.38 trillion), 2020 (RM1.32 trillion), 2019 (RM1.25 trillion), and 2018 (RM1.19 trillion), said the ministry.

e) Besides Federal Government DEBTS and Liabilities, Household DEBTS, there is state State Government Debts(and liabilities), and also Local Government DEBTS(and liabilities) - Malaysians deserve to know details of these debts(and liabilities) too. Are the PN governed States in a better position than the PH-BN governed States? 

In the past, whenever the salaries of civil servants go hope - the price of goods and the cost of living also rises, does Anwar not realize this? So, expect a large jump in the cost of living at the end of the year...

When Malaysia's financial situation worsens, our Ringgit value also drops - and the cost of goods and cost of living rises too.. When this happens, it derails our preparedness for old age survival - what we kept aside is no longer enough to sustain the cost of living until death... KWSP told us before that RM250,000 in our account was sufficient to cover our livelihood until death- I believe that may not be enough anymore...

Fuel Subsidies are disappearing - but still no plans to put in place affordable public transport - In the past, there were regular busses in every towns, but today only bus-stops remain, but no busses. In most towns, new housing estates have emerged - and so, distances between town centre, hospitals, etc increased to 10-15 Km, and there is no bus services - and GRAB is simply too expensive(and seriously lacking in smaller towns). Public Transport within towns and local government areas are generally not-profitable if one wants to keep cost affordable for the masses - so, it is best managed by the government, be it the Federal Government, State government or local government. But, Anwar's government still not dealing with this yet...focus still remains in Klang Valley, Penang and the west Coast of Peninsular Malaysia - 

Government needs to 'tighten its belt' and overcome the debt-problem - so, please end policy of using monies to generate/maintain political support - which, by the way really does not work in 2024, as it may have in the 80s and 90s. People are smarter with their choices at the ballot box.

So, ANWAR forget about the next GE, and focus on improving the economic or financial state of the nation >>> REDUCE our DEBT(and other liabilities) now, so it does not burden future generations of Malaysians.

"We don't even have (huge) reserves any more. Oil-producing countries have huge reserves, we don't."

He said if Malaysia's RM1.5 trillion debt and continually widening federal budget deficit were not remedied, the economy would inevitably collapse and cause immense suffering to future generations.

 

 

 

Govt to fulfil salary hike pledge despite RM1.5 trillion debt

By Hana Naz Harun - July 13, 2024 @ 12:37pm

The government’s commitment to raise civil servants’ salaries starting this December will still be fulfilled, said Datuk Seri Anwar Ibrahim. - NSTP/AIZUDDIN SAAD

BANGI: The government's commitment to raise civil servants' salaries starting this December will still be fulfilled, said Datuk Seri Anwar Ibrahim.

The prime minister said, he and the Public Service Department (PSD) would continue to find ways to ensure that this is realised, despite the government's debt reaching RM1.5 trillion.

"Some said Anwar is not being practical and only wants to be popular, saying that we have no money, but want to increase pay. Others say it is not likely to happen.

"But the PSD is working hard to find ways to make it a reality.

"I don't want anyone to be left behind," he said at the National Union of Teaching Profession's (NUTP) golden jubilee celebration here, today.

Anwar said teachers have waited too long for a raise, but said it was not their fault that the country had debts."It is not the teachers who built houses in London, or Australia. It is not teachers who have caused the country to have huge debts.

"So why should they sacrifice?" he said.

Also present were Selangor Menteri Besar Datuk Seri Amirudin Shari, Education Minister Fadhlina Sidek, PSD director-general Datuk Seri Wan Ahmad Dahlan Abdul Aziz and NUTP president Aminuddin Awang.

On Labour Day, Anwar announced a more than 13 per cent increase in civil servants' remuneration, among the highest in Malaysia's history.

The salary increase, effective Dec 1, marked one of the highest in Malaysia's history, with the last revision occurring 12 years ago. - NST, 13/7/2024

Malaysia's national debt now at RM1.5 trillion, or over 80pct of GDP

By Teoh Pei Ying, Farah Adilla - January 17, 2023 @ 9:01am

Malaysia's national debt including liabilities has reached RM1.5 trillion. NSTP/AIZUDDIN SAAD

PUTRAJAYA: Malaysia's national debt including liabilities has reached RM1.5 trillion and should be addressed urgently, Prime Minister Datuk Seri Anwar Ibrahim said.

This was already more than 80 per cent of the country's gross domestic product (GDP).

The figure also suggests that Malaysia's budget deficit will widen further than the earlier estimate of 5.8 per cent of the GDP for 2022.

"The economic uncertainties are still not easing. The economy is still considered dim and this was also contributed externally including the Ukraine-Russia conflict as well as global recovery post-Covid.

"The problem with our debt is it has already touched RM1.2 trillion and if includes liabilities, it is RM1.5 trillion.

"We have to accept this reality. We cannot feel complacent, living with the culture of contentment as if there is no problem," Anwar said during the 2023 Budget dialogue here today.

Also present were deputy Finance Ministers Datuk Seri Ahmad Maslan and Steven Sim Chee Keong, as well as deputy secretary general of treasury Datuk Johan Mahmood Merican.

The new 2023 Budget is expected to be tabled in the Parliament on Feb 24.

The original 2023 was presented on Oct 7 by the then finance minister Tengku Zafrul Abdul Aziz with a total allocation of RM372.3 billion but was not approved due to the dissolution of Parliament three days later to make way for the 15th general election (GE15).

Anwar was reported to have said that the government will look at the proposals in the budget tabled by the previous government and make the necessary changes before tabling his government's budget.

Meanwhile, Anwar said it had taken him only two months in the office to recognise that the government would be able to save around RM10 billion from leakages from its procurement system.

Hence, he said the mandate of the unity government remained - to change the orientation of the system in order to ensure that the vast majority of citizens benefit from economic initiatives and reforms. - NST, 17/1/2023

Budget 2023: Malaysia’s debt, liabilities estimated at RM1.42t up to June

Prime Minister Datuk Seri Ismail Sabri Yaakob and Finance Minister Tengku Datuk Seri Zafrul Abdul Aziz at Parliament building in Kuala Lumpur, October 7, 2022. ― Picture by Firdaus Latif

By Syed Jaymal Zahiid

Friday, 07 Oct 2022 4:20 PM MYT

KUALA LUMPUR, Oct 7 ― Total government debt and liabilities as of June 2022 is estimated to be at RM1.42 trillion and will rise further next year as Prime Minister Datuk Seri Ismail Sabri Yaakob’s administration tabled a deficit Budget 2023, the biggest federal spending plan to date.

Federal government debt accounts for 61 per cent of debt-to-GDP, at RM1.04 trillion up from RM979.8 billion in 2021. Total debt and liabilities are about 82 per cent of GDP.

Guarantee commitments up to the same period rose to RM199 billion from RM197.3 billion in 2021. Total loans guaranteed by the government up to June 2022 stood at RM307 billion or 17.9 per cent of GDP, down from RM310.4 billion last year.

Government guarantees are conventionally excluded from the federal debt and liability balance sheet but there is increasing call by opposition lawmakers to include it into the national fiscal management debate after the 1Malaysia Development Berhad corruption exposed taxpayers to the fund’s massive debt.

Over RM50 billion had been leaked or embezzled through the sovereign fund founded by disgraced former prime minister Datuk Seri Najib Razak, now facing trial for multiple corruption and power abuse charges for his alleged role in the fiasco.

He has already been convicted of criminal breach of trust and embezzling RM42 million from SRC International, a former 1MDB subsidiary.

Up to June this year, the Ministry of Finance said RM19 billion of the stolen monies have been recouped and deposited into a special account set up to clear 1MDB’s debt.

The Malaysian government is still exposed to RM25.9 billion of the fund’s debt up to June this year, or 1.5 per cent of total debt-to-GDP.

Meanwhile liabilities from private-public partnership projects, private-financing initiatives and programmes spearheaded by public infrastructure company PBLT Sdn Bhd dropped to RM149 billion from RM151 billion last year. - Malay Mail, 7/10/2022

 

Teoh Beng Hock, Syed Mohd Azlan,... No one charged for killing, torture, tampering of evidence, obstruction of justice,..? End policy of protection of public officers - police, MACC,..?.

One common perception  is that police officers, MACC officers, etc that commit offences, even causing death and/or enforced disappearance in Malaysia.., even after findings of the Coroner, Courts, EAIC(Enforcement Agency Integrity Commission) and/or SUHAKAM (Malaysian Human Rights Commission) confirming this, is that they very seldom ARE NOT BEING CHARGED FOR THEIR CRIMES. 

Why is law enforcement and the Public Prosecutor 'protecting' these criminals? OR is it a government policy or a government decision to protect these police and law enforcement officers?  

What we need is for people who committed crimes ought to be charged in accordance with the law, and prosecuted... CIVIL liability alone is not enough - if the 'criminals' are  out there walking free without paying for their crimes...

TEOH BENG HOCK - the death happens in the MACC premises, and the Courts have determined ruled that Beng Hock’s death was caused by multiple injuries as a result of unlawful acts by unknown persons. > Why has there been no one that have been charged for the killing, torture and breaking of the Malaysian law yet.? 

The MACC, the government and 12 others, admitted negligence in the death of 30-year-old Teoh, who was found dead on the fifth floor of Plaza Masalam, Shah Alam on July 16, 2009.

On 19/7/2024, 'In a Parliamentary written reply to Lim Lip Eng (Pakatan Harapan-Kepong), Saifuddin said the police reopened investigation papers into the death under Section 342 of the Penal Code for wrongful confinement, following the cabinet decision in 2018.' - very ODD, just for 'wrongful confinement' - what about for the killing, torture, and obstruction of justice? After all, the MACC, the government and 12 others, admitted negligence in the death - 304A  Causing death by negligence is a crime? 

342  Punishment for wrongful confinement - Whoever wrongfully confines any person shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand ringgit or with both.

304A  Causing death by negligence - Whoever causes the death of any person, by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

POLICE SHOOTING of S Mahendran, G Thavaselvan and J Vijayaratnam- Coroner Rasyihah Ghazalis finding that The shots were not fired in self-defence. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men, '...scientific evidence with regards to the position of the bodies and the weapons allegedly found on the two men did not tally with the oral testimonies of the policemen.The weapons described by the ballistic expert (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,police witnesses gave evidence that shots were fired at the men from an upright position but post-mortem reports stated that the bullets pierced their bodies at a downward angle. - in short, the police may have 'murdered' - and it was not a killing by reason of self defence. The witnesses(including police) LIED - BUT, then no one was charged for the killing, and the LIES. WHY? - FMT,31/5/2022

Syed Mohd Azlan Syed Mohamed Nur’s 2014 death in custody, the Enforcement Agency Integrity Commission (EAIC)  found that“There was an element of crime in the attacks involving common intent or abetment by PDRM officers, including the arresting team, to intentionally use physical violence on the deceased to cause death or injury,” the EAIC said in a statement today....its investigations also found attempts to obscure evidence from the 25-year-old’s interrogation that resulted in 61 separate injuries on various parts of his body...

Court rules cops caused death of Syed Mohd Azlan, awards dad RM383,300? Have the police who killed or tampered with evidence been charged yet?

Raymond Koh and  Amri Che Mat - SUHAKAM (Malaysian Human Rights Commission) inquiry concluded  on April 3, 2019 - that Special Branch officers from Bukit Aman were responsible for Koh and Amri’s enforced disappearances. No criminal prosecution yet of any police officers involved.

## There are other cases, where the Courts have found police and law enforcement officers responsible for death, torture, etc...and awarded large amounts of monies as damages/compensations. Likewise there are also cases where the EAIC(Enforcement Agency Integrity Commission) and/or SUHAKAM (Malaysian Human Rights Commission), even other Royal Commission of Inquiries. 

### Some of these victims have family members who will take it to EAIC, SUHAKAM and even to Courts. Alas, most do not have the capacity to do so..

 

When the police or law enforcement officers torture suspects/detainees - there is still no specific law that criminalizes TORTURE by public officers - that should be carrying a HEAVY SENTENCE that is deterrent.

When the police or law enforcement officers DESTROY or TAMPER with evidence - there is still no specific laws that criminalizes DESTRUCTION or TAMPERING of evidence by public officers.

When the police or law enforcement officers see or witness (or have evidence of crimes of their fellow public officers), there is still NO specific law that criminalizes their action of 'hiding' relevant evidence of such crimes. With deaths in police custody, death at MACC or law enforcement facilities, criminal police shoot to kill incidents - the failure or the refusal of public officers to disclose relevant evidence of crimes committed by fellow officers must be criminalised - and carry a DETERRENT penalty

Enforced Disappearance must be a CRIMINAL OFFENCE.

Extrajudicial killing must be a CRIMINAL OFFENCE

Obstruction of investigation by public officers including members of the Administration must be a Criminal Offence.

The STATE or government must end 'PROTECTION' of public officers that commit crimes - and crimes by PUBLIC OFFICERS must carry a high deterrent sentence...

Following ORDERS or INSTRUCTION of superior officers or MINISTERS should clearly not be a DEFENCE for crimes committed. Public Officers should follow the law, and be 'model citizens' - and should also be obligated to report suspected crimes committed by their fellow public officer or even the Minister or Deputy Minister. [Maybe, this must be enacted]. Guarantee should also be given that 'whistle blowing' will in no way jeopardize their employment and/or future promotions - something that any worker requires]

See also:-

Court rules cops caused death of Syed Mohd Azlan, awards dad RM383,300? Have the police who killed or tampered with evidence been charged yet?

RM490,000 to widow of Dharmendran(died in police custody) - 4 officers charged for 'murder' remain FREE and in the police?

RM1.4 mil in damages for family of man who died in police custody

MACC to pay RM660,000 as settlement to Teoh Beng Hock family

By Hidir Reduan - May 12, 2015 @ 1:48pm

KUALA LUMPUR: The Malaysian Anti-Corruption Commission and 13 others agreed to pay RM660,000 to the family of the late Teoh Beng Hock to settle a civil suit over the Selangor exco aide's death.

High Court judge Datuk Rosnaini Saub recorded the settlement in open court today in the presence of the family's counsel Gobind Singh Deo and senior federal counsel Kamal Azira Hassan, who acted for the 14 defendants.

The MACC, the government and 12 others, admitted negligence in the death of 30-year-old Teoh, who was found dead on the fifth floor of Plaza Masalam, Shah Alam on July 16, 2009.

Teoh's death was discovered after his interrogation at the MACC office on the 14th floor of the same building.

On October 3, 2012, Teoh’s father Teoh Leong Hwee, his mother Teng Shuw Hoi, his fiancée Soh Cher Wei and his son Teoh Er Jia filed the legal action, seeking compensation for their distress and loss of dependence.- NST, 12/5/2015

Cops abused power in shooting of 3 men, including Sri Lankan, coroner finds

V Anbalagan

-31 May 2022, 08:45 PM

The coroner’s court finds that police did not fire the shots at the three men in self-defence as claimed and that there were elements of a criminal nature in the shooting of the trio in Rawang.

Lawyer M Visvanathan (left) briefs family members of G Thavaselvan and J Vijayaratnam on the outcome of the inquest.

SHAH ALAM:

The coroner’s court today concluded that there was abuse of power and elements of a criminal nature in the death of three men who were shot at close range by police three years ago.

Coroner Rasyihah Ghazali said, on the balance of probabilities, S Mahendran, G Thavaselvan and his brother-in-law J Vijayaratnam, a Sri Lankan national, died of gunshot wounds on their heads and chests.

The shots were not fired in self-defence. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,she said this evening at the end of an inquest.

Police had claimed there was an exchange of fire between policemen and the trio at the edge of a jungle in Rawang and that two of the men had been armed with pistols.

Rasyihah, however, said she was unable to conclude as to what had happened to G Moganambal, the wife of Vijayaratnam, who was reported missing after the incident and has yet to be found.

On Sept 14, the three men, whom police said were suspected to have been involved in armed robbery, were killed in a shootout with the police at Km22 of Jalan Rawang heading towards Batu Arang, following a 7km high-speed car chase.

The coroner said today the men died between 5.20am and 5.30am on Sept 14 based on evidence collected in the inquest.

She said scientific evidence with regards to the position of the bodies and the weapons allegedly found on the two men did not tally with the oral testimonies of the policemen. The weapons described by the ballistic expert (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,she said.

She said police witnesses gave evidence that shots were fired at the men from an upright position but post-mortem reports stated that the bullets pierced their bodies at a downward angle.

Rasyihah said, in totality, there were many disputable questions of fact regarding witness statements.

The four had left Kepong at about 10pm on Sept 13 after dinner to visit friends and relatives. Moganambal’s sister, Vasanthi, had testified that Moganambal sent a location map via her mobile phone at about 1am (Sept 14) that indicated they were at a food outlet in Serdang.

Vasanthi stated in her evidence that shop owner Senizam Md Yusof admitted meeting the four that morning. However, Senizam denied in court that he had met them at his premises.

Lawyer M Visvanathan, who held a watching brief for the family of Thavaselvan and Vijayaratnam, said he had instructions to file a civil suit following today’s verdict.

We have four months to do so as the three-year limitation period to file a legal action against the government will set in by September,said Visvanathan who was assisted by V Sanjay Nathan.

Deputy Public Prosecutor Sean Dudley assisted the coroner. A total of 20 people gave evidence. - FMT, 31/5/2022

Court rules cops caused death of ex-welder, awards dad RM383,300

V Anbalagan

-

December 19, 2019 3:01 PM

Lawyer M Visvanathan with Syed Mohd Azlan Syed Mohamed Nur’s father, Syed Mohamed Nur Ali (2nd from left), and other family members.

PETALING JAYA: The father of a former welder was awarded RM383,300 in damages today after the High Court in Johor Bahru found that his death was caused by police negligence when in their custody five years ago.

Judge See Mee Chun found the police liable for causing injuries to Syed Mohd Azlan Syed Mohamed Nur that ultimately led to his death.

See also said Syed Mohd Azlan must have been in severe pain before he succumbed to his injuries.

“The damages awarded must send a strong message to the police force that they must act in accordance with the Federal Constitution and the relevant laws,” she said.

The judge said the court had to come down hard on the enforcement agency as the life of a person had been unlawfully taken away.

See awarded RM150,000 for the tort of misfeasance in public office, RM150,000 in exemplary damages, and RM20,800 for bereavement, funeral and miscellaneous expenses.

Syed Mohd Azlan’s father, Syed Mohamed Nur Ali, was also awarded RM62,500 in dependency claims and another RM60,000 in costs.

The Enforcement Agency Integrity Commission (EAIC), in its investigation, found that Syed Mohd Azlan, 25, was “murdered” by police personnel who beat him up in the police station lock-up in Sungai Rengit, Johor, on Nov 3, 2014.

Syed Mohd Azlan suffered 61 injuries to his face, body and legs, some of which were consistent with “defensive wounds while protecting himself from physical attack by police personnel”, the EAIC found.

The EAIC also found evidence that police personnel had cleaned the scene of the beatings before medical officers arrived to check on Syed Mohd Azlan.

The police also disposed of the rubber mat and carpet believed to have been stained with Syed Mohd Azlan’s blood.

The EAIC also said the police “hid away eye-witnesses” from the scene, and that criminal charges should be filed against them for violating provisions in the Criminal Procedure Code.

Following the findings, lawyer M Visvanathan, who appeared for Syed Mohamed Nur, said the negligence suit was filed in 2017 against 16 policemen and the government.

Syed Mohd Azlan was arrested by a team of police officers on Nov 3, 2014 at 3.30am as part of an investigation into alleged possession of weapons or missiles in a riot, based on a police report made against him.

EDICT, an NGO fighting against deaths and abuse in custody, said the damages awarded would be a great relief to Syed Mohd Azlan’s family but could not compensate for his “dreadful death”.

In a statement, it said the case showed the extent to which abuse of police power and concealment and condonation of abuse was entrenched in the police force.

“It is shocking that to date, the police have announced no disciplinary action against any of the numerous policemen involved,” it said.

It added that today’s decision was a report card on the police, the Attorney-General’s Chambers, the Police Force Commission and the government. - FMT, 19/12/2019

 

'Govt promised to look into Pastor Koh, Amri's enforced disappearance'

Hidir Reduan Abdul Rashid

Published:  Jun 4, 2024 6:25 PM

⋅

Updated: 5:45 PM

The families of missing Pastor Raymond Koh and activist Amri Che Mat were promised in 2019 that the then government under Dr Mahathir Mohamad would look into the duo’s enforced disappearance.

Perlis Hope adviser Mohammad Faisol Abd Rahman told the Kuala Lumpur High Court this during today’s hearing of the Koh family’s related lawsuit against the government and the police.

The witness, who knew Amri (above, right) before the co-founder of the charity organisation disappeared on Nov 24, 2016, was giving oral evidence in support of Susanna Liew’s lawsuit over her husband Koh’s disappearance on Feb 13, 2017.

During the hearing before judge Su Tiang Joo over Koh’s disappearance, Faisol testified that he alongside Amri’s wife Norhayati Mohd Ariffin and Liew met then-home minister Muhyiddin Yassin who promised to bring the issue to the cabinet.

While under examination-in-chief by Liew’s lawyer Steven Thiru, Faisol said Muhyiddin’s then principal private secretary Marzuki Mohamad had arranged the meeting, which took place at the Home Ministry in Putrajaya.

Describing the meeting as taking place after Suhakam made a finding on April 3, 2019 - that Special Branch officers from Bukit Aman were responsible for Koh and Amri’s enforced disappearances - Faisol confirmed the meeting as depicted in two photographs shown in court.

Mohammad Faisol Abd Rahman

One photo showed Muhyiddin meeting with the group in the home minister’s office, and that the group comprised DAP leaders Teresa Kok and Steven Sim as well as Faisol, Norhayati, Liew, and several others.

The second photo showed the group minus Muhyiddin posing outside the same office after the half-hour meeting.

Thiru: What did Muhyiddin say (in the meeting)?

Faisol: Muhyiddin said he took the matter seriously, that he would investigate the issue, and not worry as he was very concerned about what happened.

Thiru: The families managed to raise their questions?

Faisol: Yes.

Thiru: Did Muhyiddin answer (the questions)?

Faisol: Yes.

Thiru: How did the meeting end?

Faisol: With Muhyiddin promising to bring the case to the cabinet.

Limited access to classified report

On May 23, 2019, Muhyiddin announced that the ministry would establish a special committee to reinvestigate the case of Koh and Amri’s disappearance.

This special task force later prepared a report classified under the Official Secrets Act 1972.

Former home minister Muhyiddin Yassin

Late last year, the civil court allowed Norhayati to obtain limited access to the report to strengthen her civil suit against the police and government over Amri’s disappearance.

Recently, Liew herself filed a separate application for limited access to the classified report to bolster her lawsuit against the authorities over Koh's disappearance.

The trial of Liew’s lawsuit before Su will resume tomorrow.

A year after the Suhakam finding, Liew filed a civil court action to compel the authorities to reveal Koh’s whereabouts.

Su is also presiding over Norhayati’s suit. - Malaysiakini, 4/6/2024

 

 

HRD Corp and/or the Minister of Human Resources should never have resorted to SLAPP suits against the media, journalists, and/or Human Rights Defenders in connection with the HRD Corp ‘Scandal’ as highlighted by the Auditor General and Parliament (19 Groups)

 

Joint Media Statement (19 Groups) – 20/7/2024

* The statement was reported in Media - Focus Malaysia, Malaysiakini, etc

HRD Corp and/or the Minister of Human Resources should never have resorted to SLAPP suits against the media, journalists, and/or Human Rights Defenders in connection with the HRD Corp ‘Scandal’ as highlighted by the Auditor General and Parliament

- Enact Anti-SLAPP laws -

We, the undersigned 19 organizations and groups, are appalled that the Human Resource Development Corp (HRD Corp) has threatened legal action against The Edge Communications Sdn Bhd and one of its writers for alleged defamation. This pertains to their reporting on the findings of the Public Accounts Committee (PAC) and the Auditor General regarding the agency. The articles in question were titled: "PAC flags dubious property deals by HRD Corp," and "Frankly Speaking: Total breach of governance at HRD Corp."

This action can reasonably be considered a SLAPP (Strategic Lawsuit Against Public Participation), which aims to intimidate the media and deter them from fulfilling their duty of reporting on issues of public concern. It also serves as an attempt to stifle public participation and discussion on a matter of national interest affecting all Malaysians.

HRD Corp was established under the Pembangunan Sumber Manusia Berhad Act 2001. Section 3 of the Act states that the corporation's primary objective is the imposition and collection of a human resources development levy to promote the training and development of employees, apprentices, and trainees, as well as the establishment and administration of the Fund. The Minister of Human Resources, currently Steven Sim, is responsible for HRD Corp.

The Act states the composition of the Board of Directors, all appointed by the Minister, including representatives from employers, the government, the Ministry of Human Resources, the Ministry of Finance, and the Chief Executive. The Investment Panel, as stipulated by the Act, must include representatives from these same ministries and the Central Bank of Malaysia (Bank Negara Malaysia).

Since 2017, however, there has been no representative from Bank Negara Malaysia in the investment panel, a violation of the Act. This absence renders all actions and decisions of the Investment Panel invalid. Consequently, any decisions or actions by the Board and/or HRD Corp relying on the Investment Panel are also invalid.

The Ministers of Human Resources and Finance, who should be aware of this breach, must be held accountable. The Act specifies that the Minister appoints the Officer in Charge and other authorized officers responsible for ensuring that HRD Corp operates in accordance with the law.

Further concerns arise from reports that PAC revealed misuse of funds, such as the Gerak Insan Gemilang (GIG) scheme under HRD Corp, which cost RM51.69 million and was attended multiple times by 3,727 participants, with some attending up to 16 times. This suggests an abuse of funds meant for the benefit of all workers, not just a select few.

While a normal company can act as its share holders please, a statutory body like HRD Corp must adhere to the Pembangunan Sumber Manusia Berhad Act 2001. It is disconcerting that these issues were not highlighted by the Minister of Human Resources but by the Auditor General and the PAC.

Despite the findings, the Minister and HRD Corp are disputing the results and suggesting an independent audit. The findings of the Auditor General and PAC, however, should take precedence unless officially revised.

The Minister referred the matter to the Malaysian Anti-Corruption Commission (MACC), but MACC’s jurisdiction is limited to investigating crimes under its purview. Issues of statutory non-compliance and the distribution of HRD training benefits highlighted by PAC should fall under the Ministry or Parliament’s responsibility.

Despite these serious issues, there has been no suspension or removal of the Chief Executive, Board members, or Investment Panel members of HRD Corp. Their continued presence poses a risk of evidence tampering or destruction.

It is crucial to recognize that the media brought these issues to light. Therefore, it is unacceptable for HRD Corp, with or without the Minister of Human Resources' approval, to threaten the media with defamation suits.

In this case, Steven Sim, the Minister responsible for HRD Corp, on 17/7/2024 was reported saying that he has instructed the withdrawal of the threat of legal action against The Edge Communications Sdn Bhd and its journalist. The withdrawal is good, but victims are entitled to an apology and an appropriate remedy.

We, the undersigned groups, call on all parties, including the government, government agencies and government linked corporations to NEVER again resort to threats or the use of SLAPP (Strategic Lawsuit Against Public Participation) suits against the media, journalists, and/or Human Rights Defenders. Freedom of expression, opinion and the right to fight for one’s rights must never be stifled. Public discourse and scrutiny should never be stifled.

We call on Malaysia to enact anti-SLAPP laws to provide a remedy to SLAPP suits. Anti-SLAPP laws are intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate people who are exercising their rights.

 

Charles Hector

Ng Yap Hwa

For and on behalf of the 19 groups listed below

ALIRAN

MADPET (Malaysians Against Death Penalty and Torture)

Borneo's Plight in Malaysia Foundation (BoPiMaFo)

Centre for Orang  Asli Concerns (COAC), Malaysia

Cambodian League for the Promotion & Defense of Human Rights (LICADHO)

Haiti Action Committee

IDEAS (The Institute for Democracy and Economic Affairs), Malaysia

Labour Solidarity and Learning Resource Association (LLRC), Malaysia

Malaysian Action For Justice And Unity (MAJU)

North-South Initiative (NSI), Malaysia

Parti Rakyat Malaysia (PRM)

Payday Men’s Network (UK/US)

Persatuan Sahabat Wanita Selangor (PSWS)

Sabah Timber Industry Employees’ Union (STIEU)

Sarawak Dayak Iban Association (SADIA)

Saya Anak Bangsa Malaysia [SABM]

Singapore Anti Death Penalty Committee (SADPC)

WH4C (Workers Hub For Change)

Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH) Youth

 

Note: It was discovered that threats of legal suits were also sent to - The letter of demand withdrawn against The Malaysian Insight and The Vibes was over reports on audit findings critical of HRD Corp. ... letter of demand against freelance journalist M Krishnamoorthy

NGO grouping wants Steven Sim taken to task for HRD Corp’s financial irregularities

• By FocusM
• 1 day ago
• in Featured, Mainstream, Top

A GROUPING of 19 Malaysian NGOs wants both the Human Resources and Finance Ministers to be held accountable for breaches/irregularities in the Human Resource Development Corp (HRD) Corp accounts as exposed by the Auditor-General’s (A-G) Report 2/2024 and by the Parliament’s Public Accounts Committee (PAC).

This is because the Pembangunan Sumber Manusia Bhd (PSMB) Act 2001 specifies that the minister appoints the officer-in-charge and other authorised officers responsible for ensuring that HRD Corp operates in accordance with the law.

“While a normal company can act as its shareholders’ please, a statutory body like HRD Corp must strictly adhere to the PSMB Act 2001,” contended Charles Hector and Ng Yap Hwa who are spokesmen for the grouping of 19 NGOs.

“It is disconcerting that these issues were not highlighted by the HR Minister (Steven Sim Chee Keong) but by the A-G and the PAC.”

Worse, still, the NGO grouping pointed out that despite the A-G and PAC findings, Sim and HRD Corp “are disputing the results and suggesting an independent audit.”

“The findings of the A-G and PAC, however, should take precedence unless officially revised,” lamented the NGO grouping which comprised among others, ALIRAN, Malaysians Against Death Penalty and Torture (MADPET), Malaysian Action for Justice and Unity (MAJU), Parti Rakyat Malaysia and the KL and Selangor Chinese Assembly Hall (KLSCAH) Youth.

“Despite these serious issues, there has been no suspension or removal of the CEO, board members or investment panel members of HRD Corp. Their continued presence poses a risk of evidence tampering or destruction.”

Earlier, the NGO grouping has lambasted the HRD Corp for threatening legal action against financial portal The Edge Communications and one of its writers for alleged defamation in two published articles entitled “PAC Flags Dubious Property Deals by HRD Corp,” and “Frankly Speaking: Total Breach of Governance at HRD Corp”.

“This action can reasonably be considered a SLAPP (strategic lawsuit against public participation) which aims to intimidate the media and deter them from fulfilling their duty of reporting on issues of public concern,” asserted the NGO grouping.

“It also serves as an attempt to stifle public participation and discussion on a matter of national interest affecting all Malaysians.”

However, the said letter of demand was retracted barely 24 hours later at the instruction of Sim with PA chairwoman Datuk Mas Ermieyati Samsudin, having expressed shock over HRD Corp’s action to o obstruct The Edge’s role as media practitioner and potentially undermine the PAC’s credibility. – July 20, 2024, Focus Malaysia

 

LETTER | Enact laws to counter strategic suits against public participation

Charles Hector & Ng Yap Hwa

Published:  Jul 20, 2024 5:56 PM

⋅

Updated: 4:59 PM

 

LETTER | We, the undersigned 19 organisations and groups, are appalled that the Human Resource Development Corp (HRD Corp) has threatened legal action against The Edge Communications Sdn Bhd and one of its writers for alleged defamation.

This pertains to their reporting on the findings of the Public Accounts Committee (PAC) and the auditor-general regarding the agency. The articles in question were titled: “PAC flags dubious property deals by HRD Corp” and “Frankly speaking: Total breach of governance at HRD Corp”.

This action can reasonably be considered a Slapp (Strategic Lawsuit Against Public Participation), which aims to intimidate the media and deter them from fulfilling their duty of reporting on issues of public concern.

It also serves as an attempt to stifle public participation and discussion on a matter of national interest affecting all Malaysians.

HRD Corp was established under the Pembangunan Sumber Manusia Berhad Act 2001.

Section 3 of the Act states that the corporation’s primary objective is the imposition and collection of a human resources development levy to promote the training and development of employees, apprentices, and trainees, as well as the establishment and administration of the fund.

The human resources minister, currently Steven Sim, is responsible for HRD Corp.

The Act states the composition of the board of directors, all appointed by the minister, including representatives from employers, the government, the Human Resources Ministry, the Finance Ministry, and the chief executive.

The investment panel, as stipulated by the Act, must include representatives from these same ministries and Bank Negara Malaysia (BNM).

Since 2017, however, there has been no representative from BNM in the investment panel, a violation of the Act. This absence renders all actions and decisions of the investment panel invalid. Consequently, any decisions or actions by the board and/or HRD Corp relying on the investment panel are also invalid.

HR, finance ministers must be accountable

The human resources and finance ministers, who should be aware of this breach, must be held accountable. The Act specifies that the minister appoints the officer-in-charge and other authorised officers responsible for ensuring that HRD Corp operates in accordance with the law.

Further concerns arose from reports in which PAC revealed misuse of funds, such as the Gerak Insan Gemilang (GIG) scheme under HRD Corp, which cost RM51.69 million and was attended multiple times by 3,727 participants, with some attending up to 16 times. This suggests an abuse of funds meant for the benefit of all workers, not just a select few.

While a normal company can act as its shareholders please, a statutory body like HRD Corp must adhere to the Pembangunan Sumber Manusia Berhad Act 2001. It is disconcerting that these issues were not highlighted by the human resources minister but by the auditor-general and the PAC.

Despite the findings, the minister and HRD Corp are disputing the results and suggesting an independent audit. The findings of the auditor-general and PAC, however, should take precedence unless officially revised.

The minister referred the matter to the MACC, but the MACC’s jurisdiction is limited to investigating crimes under its purview. Issues of statutory non-compliance and the distribution of HRD training benefits highlighted by PAC should fall under the ministry or Parliament’s responsibility.

Despite these serious issues, there has been no suspension or removal of the chief executive, board members, or investment panel members of HRD Corp. Their continued presence poses a risk of evidence tampering or destruction.

Unacceptable for HRD Corp to sue media

It is crucial to recognise that the media brought these issues to light. Therefore, it is unacceptable for HRD Corp, with or without the human resources minister’s approval, to threaten the media with defamation suits.

In this case, Minister Sim, responsible for HRD Corp, on July 17 was reported as saying that he had instructed the withdrawal of the threat of legal action against The Edge and its journalist. The withdrawal is good, but victims are entitled to an apology and an appropriate remedy.

We, the undersigned groups, call on all parties, including the government, government agencies and government-linked corporations to never again resort to threats or the use of Slapp suits against the media, journalists, and/or human rights defenders.

Freedom of expression, opinion and the right to fight for one’s rights must never be stifled. Public discourse and scrutiny should never be stifled.

We call on Malaysia to enact anti-Slapp laws to provide a remedy to Slapp suits. Anti-Slapp laws are intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate people who are exercising their rights.

Signed by:

Aliran

Madpet (Malaysians Against Death Penalty and Torture)

Borneo’s Plight in Malaysia Foundation (Bopimafo)

Centre for Orang Asli Concerns (Coac)

Cambodian League for the Promotion & Defence of Human Rights (Licadho)

Haiti Action Committee

The Institute for Democracy and Economic Affairs (Ideas)

Labour Solidarity and Learning Resource Association (LLRC)

Malaysian Action For Justice and Unity (Maju)

North-South Initiative (NSI)

Parti Rakyat Malaysia (PRM)

Payday Men’s Network, UK/US

Persatuan Sahabat Wanita Selangor (PSWS)

Sabah Timber Industry Employees’ Union (STIEU)

Sarawak Dayak Iban Association (Sadia)

Saya Anak Bangsa Malaysia (SABM)

Singapore Anti Death Penalty Committee (SADPC)

Workers Hub For Change (WH4C)

Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH) Youth

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CHARLES HECTOR is a spokesperson for the group Malaysians Against Death Penalty and Torture (Madpet).

NG YAP HWA is the assistant secretary of the Labour Solidarity and Learning Resource Association (LLRC). - Malaysiakini, 20/7/2024

HRD Corp threatens to sue The Edge over reporting of PAC, AG reports

By theedgemalaysia.com / theedgemalaysia.com

16 Jul 2024, 11:00 am

Photo by Patrick Goh/The Edge

KUALA LUMPUR (July 16): The Human Resource Development Corp (HRD Corp) has threatened to take legal action against The Edge Communications Sdn Bhd and one of its writers for alleged defamation over reporting on the findings of the Public Accounts Committee (PAC) and the auditor general about the agency.

In a letter of demand sent on its behalf by the law firm Amrit & Company, HRD Corp accused the media company of having "unfairly, deliberately, maliciously, recklessly published and in bad faith (malice) misquoted, sensationalised and misinterpreted the findings made by the National Audit Department" in two of its articles, which carried the headlines: 'PAC flags dubious property deals by HRD Corp', and 'Frankly Speaking: Total breach of governance at HRD Corp'.

In the first article published on July 4, The Edge reported that the PAC had flagged several dubious property deals at HRD Corp, including the purchase of a RM154 million building without the approval of its board. The article quoted the PAC's report on the same day about the matter.

It also quoted PAC chairperson Datuk Mas Ermieyati Samsudin as saying that there had not been a consistent procedural standard process for the approval of property acquisitions by HRD Corp, and that HRD Corp's board of directors was not given the complete documents for some property purchase transactions.

The second article, published in The Edge Malaysia weekly for the week of July 8 to 14, discussed how HRD Corp had come under scrutiny for questionable investments and property purchases, based on the findings and conclusions of both the PAC and the AG, and what some of those transactions involved.

HRD Corp, in its letter of demand, claimed the articles were designed to malign the agency and its officials, and that they had exposed HRD Corp and its officials and employees to "odium, ridicule, contempt and public scandal which has undoubtedly tarnished the professional reputation of HRD Corp" and its appointed officials and employees.

It said the articles suggested that HRD Corp had failed its audit, mishandled its funds, made decisions that did not follow procedures, and did not protect its own interests to achieve its objectives.

"Our client states that the impugned statements (reports) are false, misguided and misleading," the law firm said, adding that the reports were made without verification with HRD Corp.

HRD Corp claimed that it never failed its audit, mishandled its funds, or breached any procedures in safeguarding its investments and objectives.

It said all its investments were undertaken by its investment panel in accordance with the Human Resources Development Fund Act 2001, and that they were documented and recorded in accordance with standard required procedures and good governance. It also said its investment panel is not duty bound to report its investment decisions to the board of directors, that it had not breached any rules of governance, and that it does not engage in criminal and/or corrupt practices.

"Bank Negara Malaysia had through a letter dated July 12, 2010 decided to withdraw its representative from HRD Corp’s investment panel...HRD Corp did not breach any rules of governance in relation to its investments. Section 50 of the Human Resources Development Fund Act 2001 provides that HRD Corp can refer to the minister in charge for matters pertaining to investments," the agency said.

HRD Corp wants the articles to be removed, and a formal written apology to be published in two English dailies and The Edge's own website within 48 hours of the date of the letter. It also wants damages for the alleged grievances it claimed it suffered.

The Edge, meanwhile, stands by its articles that quoted the findings of the PAC and the AG, and will vigorously defend any suits that HRD Corp may file against it, said The Edge Media Group chief executive officer and publisher Datuk Ho Kay Tat, adding that issues surrounding HRD Corp are of public interest as they involve money belonging to employers and employees of the country. - Edge, 16/7/2024

HRD Corp drops lawsuit threat against two other news portals

Published:  Jul 18, 2024 12:14 PM

⋅

Updated: 2:30 PM

• UPDATED 3.30PM | Added letter of demand to freelance journalist retracted.

The Human Resource Development Corporation (HRD Corp) has withdrawn its letter of demand against two news portals.

The letter of demand withdrawn against The Malaysian Insight and The Vibes was over reports on audit findings critical of HRD Corp.

“We are instructed by HRD Corp to retract the said letter of demand on July 15,” law firm Amrit & Company said, as reported by The Vibes.

Petra News owns both TMI and The Vibes.

On Tuesday, it was reported that HRD Corp was threatening to sue The Edge over its reports on the matter.

Like The Edge, the company had wanted TMI to remove its articles on the audit report and issue an apology.

However, Human Resources Minister Steven Sim announced yesterday that he had instructed HRD Corp to withdraw the letter of demand against The Edge, citing media freedom.

HRD Corp has come under scrutiny after a report by the National Audit Department flagged the company for mismanaging hundreds of millions of ringgit in training grants, investments, and property purchases.

It is unclear as of writing whether the letter of demand against freelance journalist M Krishnamoorthy over the same issue has also been dropped.

When contacted by Malaysiakini later today, a counsel for the law firm confirmed that they have retracted the legal letter against Krishnamoorthy, as instructed by HRD Corp. - Malaysiakini, 18/7/2024

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HR Minister orders HRD corp to withdraw suit against media company

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By TARRENCE TAN, RAGANANTHINI VETHASALAM and GERARD GIMINO

• Nation

• Wednesday, 17 Jul 2024

  

KUALA LUMPUR: The Human Resource Development Corporation (HRD Corp) has retracted its letter of demand against The Edge over an allegedly defamatory article.

“I disagree with the move to sue the media because I believe in media freedom.

“Once I got that information, I ordered HRD corp to retract the summons on Wednesday (July 17),” Human Resources Minister Sim said during a press conference in Parliament on Wednesday (July 17).

The Edge had cried foul after HRD Corp sent a letter of demand on July 16 over two articles it published on July 4 and 8, respectively.

The Edge claimed that the HRD corps letter alleged that the media company had “unfairly, deliberately, maliciously, recklessly published and in bad faith misquoted, sensationalised and misinterpreted the findings made by the National Audit Department". - Star, 17/7/2024

The Edge thanks HR minister, PAC for intervening in HRD Corp's lawsuit threat against the company

By theedgemalaysia.com / theedgemalaysia.com

17 Jul 2024, 05:21 pmUpdated - 07:17 pm

Human Resources Minister Steven Sim told a press conference on Wednesday that he had instructed Human Resources Development Corp (HRD Corp) to retract the letter of demand to the company which publishes The Edge Malaysia weekly and theedgemalaysia.com upon learning of the matter, saying he disagreed with HRD Corp's action.

KUALA LUMPUR (July 17): The Edge Media Group has expressed its appreciation to Human Resources Minister Steven Sim and the Public Accounts Committee (PAC) for intervening to stop Human Resources Development Corp (HRD Corp) from suing the media company over its reports on the lapses in governance at the agency that manages billions of ringgit in money collected from employers.

The Edge's publisher and chief executive officer Datuk Ho Kay Tat said there was no malice in their reporting on HRD Corp following the recent release of both the PAC and auditor general's reports on the agency, and that The Edge was prepared to defend any suit HRD Corp had threatened to file against it.

Nonetheless, The Edge was happy that HRD Corp had since dropped the matter after being directed to do so by Sim, he said, noting that HRD Corp had retracted the letter of demand it issued to the media company, according to a notice sent by the law firm acting on its behalf, Amrit & Company, on Wednesday.

In the now-retracted letter of demand, HRD Corp had threatened legal action against The Edge and one of its journalists for alleged defamation related to its reporting on the PAC and auditor general's findings concerning the agency. It had accused the media company of unfairly, deliberately, and maliciously misquoting, sensationalising, and misinterpreting findings by the National Audit Department in two articles: PAC flags dubious property deals by HRD Corp and Frankly Speaking: Total breach of governance at HRD Corp.

HRD Corp claimed the articles were intended to defame the agency and its officials, exposing them to public scorn and damaging their professional reputations. The demand letter insisted on the removal of the articles, a formal written apology published in two English dailies and The Edge's website within 48 hours, and sought damages for alleged harm suffered.

In a press conference earlier on Wednesday, Sim said he had instructed the agency to retract the letter of demand to the company which publishes The Edge Malaysia weekly and theedgemalaysia.com upon learning of the matter, saying he disagreed with HRD Corp's action.

"I completely disagree with the decision to pursue legal action against the media, as I firmly uphold the freedom of the press. This has been my principle even before we came into government," Sim said.

 

Public Accounts Committee (PAC) chairwoman Datuk Mas Ermieyati Samsudin said the committee viewed HRD Corp's actions as an effort to obstruct The Edge's role as media practitioners and potentially undermine the PAC's credibility.

PAC chairwoman Datuk Mas Ermieyati Samsudin, who expressed shock over HRD Corp's actions, had also told HRD Corp to retract its letter.

She said the committee viewed HRD Corp's actions as an effort to obstruct The Edge's role as media practitioners and potentially undermine the PAC's credibility. She had also called on the board of directors of HRD Corp to be held accountable for having threatened to sue The Edge over its reporting on the committee's findings and those of the auditor general's.

"We demand explanations from the Human Resources Ministry and HRD Corp's board of directors regarding these actions. The board must be held accountable for these actions," she told a separate press conference on Wednesday.

She also stressed that HRD Corp is a company limited by guarantee and subject to the Companies Act 2016, as well as the Human Resources Development Act 2001. "The levy collected by HRD Corp is taxpayers' money, and it is the duty of the PAC to ensure that it is managed in accordance with the law," she was reported as saying.

"HRD Corp is not a private company funded by private money. It is funded by taxpayers and collects billions in levy from employers meant for workers' training. Its operations must therefore be subject to scrutiny, including by the media," said Ho.

"We thank YB Sim and the PAC for their support and appreciation of the role played by the media in highlighting issues of public interest," he added. - Edge, 17/7/2024

 

Anti-SLAPP law gets final seal of approval from EU Parliament

By Nathalie Weatherald | Euractiv

Nathalie Weatherald

Editor

Location: Prague
Languages: English
Expertise: EU affairs, migration
Location Expertise: UK

Est. 3min

 Feb 27, 2024

Content-Type:

Tiemo Wolken, rapporteur for the file, speaking at the European Parliament plenary session on Tuesday (27 February). [Philippe STIRNWEISS / © European Union 2024 - Source : EP]

The European Parliament approved with an overwhelming majority a law protecting journalists and human rights advocates from abusive legal proceedings designed to stifle freedom of speech, marking the end of a six-year push to get the law across the line.

The directive, approved in plenary on Tuesday (27 February), sets a minimum standard for protecting media and public watchdogs from strategic lawsuits against public participation (SLAPPs) across the EU.

The final text includes provisions on early dismissal of manifestly unfounded cases, a broad definition of what constitutes a ‘cross-border’ case, and provides for compensatory damages for the defendant.

“Journalism, activism, and other types of public participation will finally be protected from baseless, costly, and time-consuming lawsuits,” Flutura Kusari, who advocated for the law as part of the Coalition Against SLAPPs in Europe (CASE), wrote on X.

EU institutions reached a political agreement on the directive in November.

“Despite strong divergences between the Council and the Parliament’s position, we managed to ensure that this directive goes beyond mere procedural aspects and duly reflects the broader impact and context of these cases,” the Parliament’s rapporteur for the directive, social democrat Tiemo Wölken, told journalists at the time.

EU co-legislators agreed on the directive to address the growing number of strategic lawsuits against public participation (SLAPPs) and protect defendants from unfounded, abusive litigation on matters of public interest.

The Anti-SLAPP Directive is colloquially known as Daphne’s Law, named after Maltese investigative journalist Daphne Caruana Galizia who was assassinated in 2017 and faced over 40 lawsuits at the time of her death.

For the past six years, the foundation created under her name has campaigned for better protections for journalists facing lawsuits designed to drain the time and financial resources of defendants.

While no comprehensive EU-wide data exists on the prevalence of such cases, in large part due to varying definitions of what constitutes a SLAPP, research by CASE identified Malta, France, Croatia, Greece and Slovenia as having a notable number of such lawsuits.

CASE welcomed the European Parliament’s adoption, stating that the responsibility now lies with member states to build on the foundation of the EU directive and the Council of Europe’s upcoming recommendation on SLAPPs to draft effective national legislation.

EU countries will have until 2026 to implement the directive.

[Edited by Zoran Radosavljevic] - EURACTIV, 27/2/2024

 

UK: RSF supports calls for amendments to proposed anti-SLAPP bill to better protect journalists against abuses of law

Image by Steve Brown from Pixabay

Reporters Without Borders (RSF) supports calls made by the House of Lords Communications and Digital Select Committee for the UK government to make crucial amendments to an anti-SLAPP bill making its way through parliament. Passing the bill without changes could end up undermining efforts to protect journalists against such abuses of law. 

The UK parliament is currently considering a standalone law aimed at countering lawsuits and legal intimidation that seek to silence journalists, known as Strategic Lawsuits Against Public Participation or SLAPPs. The bill, introduced as a Private Member’s Bill by Wayne David MP, is one of several measures underway to strengthen protections for journalists and others targeted by SLAPPs. ....

 

Pennsylvania expands protections against frivolous suits aimed at curtailing free speech

by Sarah Nicell for Spotlight PA | July 19, 2024

 

HARRISBURG — Pennsylvanians have new protections against lawsuits meant to silence public expression under a bill Gov. Josh Shapiro signed into law this week.

Strategic lawsuits against public participation (SLAPPs) are often filed against people or groups who criticize corporations or governments. The person or entity behind a SLAPP suit can cite defamation or privacy violations as their reason for suing, even if their real goal is intimidation or draining the defendant’s funds with legal fees.....Spotlight PA,19/7/2024

Business and Human Rights - one thing that need to be done in Malaysia is the enactment of Anti-SLAPP laws

The UN Working Group on human rights and transnational corporations and other business en-
terprises (UN Working Group on Business and Human Rights/UNWG) is mandated by the Hu-
man Rights Council to promote the effective and comprehensive implementation of the UN Guid-
ing Principles on Business and Human Rights (UNGPs).1 ....Enacting anti-SLAPP legislation to ensure that human rights defenders are not subjected to civil liability for their activities. - see Guidance on National Action Plans on Business and Human Rights -

UN Working Group on Business and Human Right