Trial of Jaya Supermarket 'killers' of 7 workers have started - but when is the next date?

Remember the 7 workers that were killed at the Jaya Supermarket during an 'unapproved' demolition of the building...well, finally it has been reported that 2 construction companies have been charged. But, my concern is with regard to the workers that died - were their families/dependents compensated for the unnecessary death...

Now, it is important for groups that are concerned about Human Rights, including the Bar Council, to pay special attention to this case. Maybe, watching  briefs need to held by lawyers representing the families/dependents of the deceased workers - and when the companies have been found guilty, maybe a civil suit should be commenced against these companies for the loss of lives of these workers.

Wonder whether the Majlis Bandaraya Petaling Jaya (the PJ Local Council) and the Selangor State government is holding a watching brief in this case to ensure that justice is done....

PETALING JAYA: Two construction companies were separately charged in the Sessions Court here Tuesday with failing to meet safety standards over the collapse of the Jaya Supermarket.

Directors Yap Choon Wai, of CW Yap Sdn Bhd, and Jason Hee Kok Hing, of Lian Hup Earth Work and Construction Sdn Bhd, appeared on behalf of their companies and pleaded not guilty to the offences.

The offences were allegedly committed on May 28 last year, around 5pm, at the former Jaya Supermarket site along Jalan Semangat here.

One of Petaling Jaya's oldest landmarks, the building in Section 14, had been vacant since early 2008 as there were plans to redevelop the site.

The structure collapsed before demolition works could start, killing seven workers. - Star, 21/9/2010, Two construction companies charged with Jaya Supermarket collapse

See earlier related posts:-

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

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

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..

Bangladeshi migrant worker killed in 'accident' at construction site - recalling also 7 workers who died in Jaya Supermarket tragedy

Another human being has been killed - a Bangladeshi migrant worker

And it was when a building under construction collapsed....and they were working beyond the permitted time. What will happen? Maybe the company will be charged for some breach of some regulations and fined a small sum - and work goes on as usual...

KUALA LUMPUR: Overloading from heavy machines placed on the fifth floor of the Bank Rakyat building under construction in Jalan Ang Seng, Brickfields, is believed to have caused the floor to collapse late Monday.

In the incident, a Bangladeshi construction worker, Ahmad Ali Late Azgor Ali, 42, was killed while another Bangladeshi and an Indonesian worker were injured, when the fifth floor which is still under construction, came crashing down 17 metres at about 10.30pm.

Fire Operations assistant director at the Kuala Lumpur Fire and Rescue Department, Azizan Ismail, said their initial investigation showed that the scaffolding was not strong enough to support the excess weight of the heavy machines and concrete mixer placed on it.

"There were also several workers on that floor when the incident happened," he told Bernama after visiting the construction site Tuesday.

However, he said, a full, detailed investigation was being undertaken by a special committee which also involved the Department of Occupational Safety and Health (DOSH) and Kuala Lumpur City Hall.

"The special committee was set up to further investigate the incident and to find out the causes as well as discuss measures to prevent such incidents from recurring.

"According to the regulations, construction work at the site is only allowed until 10pm but yesterday, the workers were still working after that time until the incident happened," he said.

Azizan said the management should improve safety levels at the site as a preventive measure.

Construction work on the building has been temporarily halted to enable DOSH to carry out its investigation. - Bernama - Star, 4/1/2011,  Overloading believed to have caused Brickfields building floor to collapse

We recall also the other construction accident in Petaling Jaya, where 7 workers died. See the earlier posts:- I have yet to see any report that states that the family/dependents of those killed migrant workers were given adequate compensations... I also saw nothing the Petaling Jaya Local Council website...if anyone knows, please post in the comments section below this post.

Jaya Supermarket Tragedy : Is the Selangor Government still using OSA to hide the truth?

 Jaya Supermarket Tragedy: 1 Director of 1 Company - what about the other Directors, CEOs, etc?

 Trial of Jaya Supermarket 'killers' of 7 workers have started - but when is the next date?

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

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

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..

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

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

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

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 ...

I wonder why the UMNO-led BN Governments just shut down these companies until they comply with the required Occupational Safety and Health standards and requirements.

Remember the 7 workers who died in the Jaya Supermarket Demolition - was also a case of 'illegal' demolition - done without getting the required approval of the Department of Occupational Safety and Health (see also PJ Local Council's responsibility in the death of 7 Jaya Supermarket incident cannot be ignored...)

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. Subramaniam...Dr Subramaniam said the department began its investigations on Monday and it would take about two weeks to complete.

“If there is any element of negligence, the engineers, contractors and the proprietor of the building can be fined RM50,000, jailed up to two years, or both, under the Occupational Safety and Health Act for each offence,” he told a press conference after launching a Small-Medium Enterprises training fair at a hotel yesterday.

On May 28, the five-storey portion of the supermarket building collapsed right to the basement during demolition work.

Seven workers died in the incident. - Star, 3/6/2009, Jaya Supermarket demolition done without approval

- Have the company been charged yet? Have they Directors been charged? - They have also been 'protected' - the names have been kept 'secret' away from the press...

Only 10% of the 267 transportation companies audited by the Occupational Safety and Health Department (DOSH) last year paid heed to occupational safety and health issues.

DOSH director-general Datuk Ir Dr Johari Basri described the situation as dismal and viewed as serious the low awareness level among transport operators, especially those running express buses.

“All operators and drivers must bear full responsibility to ensure that their co-drivers, passengers and the public are safe,” he added.

He said this in his speech read by DOSH deputy director-general (policy) Zabidi Datuk Md Adib at the opening of a seminar on enforcement of the Occupational Safety and Health Act 1994 and Safety, Health and Environment Code for the road transport sector here on Monday.

“The majority either did not have a system or were unaware of the need to develop a safe working culture while managing their companies,” Dr Johari noted.

Companies with more than 40 workers were required to form a safety committee, he added.

Speaking to reporters later, Zabidi said the department had issued notices to companies that had yet to draw up policies or set up safety committees so the management and workers could discuss safety issues.

“They were given a month to do the necessary, and I am happy to note that they have been cooperative,” he added.

Zabidi said 10% of the 23,087 vehicles involved in road accidents in Pahang were public transport vehicles such as stage and express buses, lorries, tankers and taxies.

To a question, Zabidi said although the link between the number of accidents and lack of awareness on safety issues was vague, undesirable things could still happen if workers’ health and vehicle safety were not managed properly. - Star,

Jaya Supermarket Tragedy: 1 Director of 1 Company - what about the other Directors, CEOs, etc?

Yap Choon Wai, director of construction firm CW Yap Sdn Bhd, was charged at the Sessions Court here Monday with failing to ensure the safety of others in last year’s Jaya Supermarket collapse that killed seven....and last Wednesday, Directors Yap Choon Wai, of CW Yap Sdn Bhd, and Jason Hee Kok Hing, of Lian Hup Earth Work and Construction Sdn Bhd, appeared on behalf of their companies and pleaded not guilty to the offences.

What is happening?

* Well, last Wednesday they charged two companies...

* Now, they charged one director of one of the 2 companies - What about the other Directors, and the CEOs...

* And, they are charging them under the Occupational Safety and Health Act, and the question that we must ask is that why they are not also being charged under the Penal Code? What about the 'not having approval' bit - no charges about that? Where is the Petaling Jaya Local Council ...the Pakatan Rakyat State government ...maybe not bothered about the death of 'small' workers....and now focussed only on the PKR elections... 

PETALING JAYA: Yap Choon Wai, director of construction firm CW Yap Sdn Bhd, was charged at the Sessions Court here Monday with failing to ensure the safety of others in last year’s Jaya Supermarket collapse that killed seven.

The 54-year-old pleaded not guilty.

The iconic supermarket collapsed during demolition work and killed seven construction workers on May 28 last year.

Last Wednesday, two construction companies, including Yap’s, were charged in separate Sessions Courts with failing to ensure the safety of others.

Then, Yap and Jason Hee Kok Hing, of Lian Hup Earth Work and Construction Sdn Bhd, appeared on behalf of their companies and pleaded not guilty to the offences.

CW Yap Sdn Bhd was charged as an employer for failing to ensure that non-employees, namely four workers and three civilians, who could be affected by the company’s works, were not exposed to safety and health risks.

Lian Hup Earth Work and Construction Sdn Bhd was charged as an employer for failing to ensure the safety, health and welfare of all its employees on duty by failing to comply with the work safety system provided in demolition works for buildings.

Both companies allegedly committed the offences on May 28 last year at about 5pm at the site of the proposed project to demolish the office building and shopping complex at Jalan Semangat here.

The proposed project was also set to rebuild a seven-floor shopping complex building and a four-level basement car park at the site.

CW Yap Sdn Bhd and Lian Hup Earth Work and Construction Sdn Bhd were each charged under Section 17(1) and Section 15(1) of the Occupational Safety and Health Act 1994 which is punishable under Section 19 of the same Act.

Those convicted under this Section could be fined up to RM50,000 or jailed for a term not exceeding two years or both.

Both companies were represented by defence counsel Ooi Huey Min while Department of Occupational Safety and Health prosecuting officers Jaafar Leman and Hazlina Yon appeared for the prosecution.- Star, 27/9/2010, Jaya Supermarket collapse: Director Yap Choon Wai charged

See also earlier post that also has the report of the 2 companies charged a few days ago...Trial of Jaya Supermarket 'killers' of 7 workers have started - but when is the next date?

Well, they seem to be charged only under the  OCCUPATIONAL SAFETY AND HEALTH ACT 1994, and even if guilty the maximum fine is RM50,000-00, and that really is nothing for these companies... and what justice is there for the 7 workers that were killed. Really this Act need to be amended to give the court powers to order that employers, who are found guilty, do also pay certain sum of compensation to the victims and/or their families. The relevant sections  ( or parts of...) under which they have been charged with is as follows. Note, that there is nothing that bars the victims (and/or their families/dependents) from commencing Civil Suits - and here a caring Local Council (like the PJ Local Council) or a caring Pakatan Rakyat State Government can come in to assist the families of these 7 victims who died unnecessarily in Petaling Jaya, Selangor get some justice.... OR really, just like BN, they too just do not care about poor workers...

15.  General duties of employers and self-employed persons to their employees. [Part IV, 
OCCUPATIONAL SAFETY AND HEALTH ACT 1994]

(1) It shall be the duty of every employer and every self-employed person to ensure, so far as is practicable, the safety, health and welfare to work of all his employees;

17.  General duties of employers and self-employed persons to persons other than their employees. [Part IV,OCCUPATIONAL SAFETY AND HEALTH ACT 1994]

(1) It shall be the duty of every employer and every self-employed person to conduct his undertaking in such a manner as to ensure, so far as is practicable, that he and other persons, not being his employees, who may be affected thereby are not thereby exposed to risks to their safety or health.

(2) It shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner, to give to persons, not being his employees, who may be affected by the manner in which he conducts his undertaking, the prescribed information on such aspects of the manner in which he conducts his undertaking as might affect their safety or health.

19.  Penalty for an offence under section 15, 16, 17 or 18.[Part IV,OCCUPATIONAL SAFETY AND HEALTH ACT 1994]

A person who contravenes the provisions of section 15,16,17 or 18 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

59.  Civil liability not affected by Parts IV, V and VI.[Part XII,OCCUPATIONAL SAFETY AND HEALTH ACT 1994]

Nothing in Parts IV, V and VI and the relevant industry code of practice shall be construed as-

(a) conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of those Parts;

(b) conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings; or
(c) affecting the extent, if any, to which a right of action arises or civil proceedings may be taken with respect to breaches of duties imposed by other legislations in regard to safety and health.

Now, they still can charge these persons under the Penal Code... under other laws...

288. Negligence with respect to pulling down or repairing buildings.

Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment for a term which may extend to six months, 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.

And, what about that lack of approval.... are they not going to be charged with that?

The Local Council enforcement officers are so alert when we do not display parking slips...but it is odd that they could not see a big unapproved demolition exercise happening  just less than 1 KM from the MBPJ office... and this incident happened when the Pakatan Rakyat was the government of Selangor. [So much concern about the death of Teoh Beng Hock, but so little concern about the death of 7 poor workers - not even a Commission of Inquiry, not even the making sure that compensations were done, not even bothering to be interested that justice be done (were they even in court to ensure justice be done??)] 

I have been searching the net to be able to at least show that the Pakatan Rakyat was different from the BN - and that they cared more for justice and welfare of the poor especially the families of these workers that died in PJ, Selangor... but alas, I did not see anything. Did the MBPJ Council and/or the State Government even sent a rep to their funerals?...NOW- if any person have any information about things that the MBPJ, Pakatan Rakyat State Government, etc did concerning this issue, you could post it as a comment...so that all will know.

Jaya Supermarket Tragedy : Is the Selangor Government still using OSA to hide the truth?

It has been pointed out by Malaysiakini and others that really the current Selangor government have sufficient power under the existing Official Secrets Act (OSA), even before we get it repealed, to declassify documents/information that have been marked 'secret' by previous governments, and not mark any new documents 'secret' in the interest of accountability, transparency and freedom of information but alas, they still behave like BN ....

Was there a report by the MBPJ on the Jaya Supermarket Tragedy that saw the death of 7 workers....? I have not seen any .... and if any person is aware of it, post it here under comments...or e-mail me at easytocall@yahoo.com {For the record I searched the MBPJ website for the words 'Jaya Supermarket" - and there was nothing about the incident that caused 7 deaths...and then I looked at the Suara Keadilan, but they did not have any search function }

I recall a report in the Nut Graph in June 2009, which is pasted below:-

PETALING JAYA, 5 June 2009: The Majlis Bandaraya Petaling Jaya (MBPJ) has failed to disclose documents of public interest relating to a development project in Section 19, Petaling Jaya, even after residents' repeated requests.
"First they told us the documents were classified. Now they say that these documents belong to the developers, and that they would need the developers' consent to disclose them," Section 19 resident Ow Yew Teik told The Nut Graph.

"This is ridiculous," Ow said, adding that the information was in the public's interest.

Ow, along with other residents living along the Section 19/30 and 19/27 residential roads, have been requesting development orders, building plans, and other documents related to a development project in their neighbourhood. They have been petitioning MBPJ for the documents since June 2008.

In a letter sent to news organisations, the Section 19 residents group outlined their questions about the development project:

1. why a portion of the land adjoining Jalan 19/30 had been re-gazetted for commercial use, when it was previously gazetted as residential;

2. when the development project, which sits between Jalan 19/30, SS2/72, and Ken 3 Condominiums, was approved; and

3. why the residents of Section 19 were not consulted on the project before approval was given.

"The MBPJ claims they have an approval list from us. But no one gave them consent. Show us proof that they consulted with us," Ow said in a phone interview.

According to Ow, there were many particulars that were questionable about the development project, including the height and close proximity of the buildings.

"What we want is the council to show us the development plans," Ow said. "In the event that everything is legal, we will shut up."

However, if the documents revealed that there were irregularities in the development project, Ow said it was up to the MBPJ to rectify matters.

Councillors acting

Ow revealed that at the last MBPJ full-board meeting held on 28 May 2009, all 24 MBPJ local councillors agreed that the documents should be made available to the public.

"I have written a number of letters to the MBPJ Town Planning Department, instructing them to reveal to residents these documents," local councillor Mak Khuin Weng said in an interview.

Mak, who writes for The Nut Graph, pointed out that the Section 19 case was "not normal".

"In the case of other developments, residents are normally given access to the development plans, and documents such as traffic impact assessments," Mak explained.

"I have given the department a deadline," Mak said, adding that he had hoped the documents would be released without any conditions by 2 June.

"These documents should be released. Failing which, we will have to take the matter up with the menteri besar's office."

However, according to Ow, Section 19 residents still have not received the documents as of 4 June 2009.

The Nut Graph's attempts at contacting MBPJ's town planning department and the legal department since 2 June have not yielded any official explanations.

MBPJ's reticence is in contrast with the Selangor government's commitment to freedom of information. On 19 May, Selangor Menteri Besar Tan Sri Khalid Ibrahim announced that the Pakatan Rakyat (PR)-governed state would table a Freedom of Information Enactment (FOIE) bill by the end of 2009. - Nut Graph, 6/6/2009, MBPJ keeps mum on Section 19 project
 

Has things changed? MBPJ (and other local councils in Pakatan Rakyat's Selangor) has still has not disclosed their accounts for 2008, 2009 - Why are they hiding how much the MBPJ earned, and how did they spend it?

We demand transparency and accountability - no more secrets please...

I wonder whether the same contractors were still allowed to continue with the demolition exercise....and maybe even given other contracts in Selangor, etc... 

 

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

7 workers killed by the accident during the demolition of the Jaya Supermaket ...and this is serious - now the company responsible, the CEO, Manager, Directors, etc should also be charged for committing a criminal offence under the penal code or other laws. Example of sections of the Penal Code that may be relevant are as follows (note that there may be more relevant sections). Maybe also can be used against the Local Councillors who gave their 'stamp of approval' for the demolition..

288. Negligence with respect to pulling down or repairing buildings.

Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment for a term which may extend to six months, 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.

Shocking also that the demolition was being done without the requisite approval - it was an ILLEGAL demolition. Again, we note that the name of the company doing the demolitions, the name of the employer of the workers killed, etc have all been kept 'secret' - the newspapers are not reporting it.

Also, there is no report about any police investigation - police arrests, etc... 7 killed, and others injured. Illegal Demolition. Clearly, there is sufficient reasons for a criminal investigation,... It is not just a matter for the Occupational Health and Safety officers...

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.

“If there is any element of negligence, the engineers, contractors and the proprietor of the building can be fined RM50,000, jailed up to two years, or both, under the Occupational Safety and Health Act for each offence,” he told a press conference after launching a Small-Medium Enterprises training fair at a hotel yesterday.

On May 28, the five-storey portion of the supermarket building collapsed right to the basement during demolition work.

Seven workers died in the incident.

Dr Subramaniam said the ministry was amending the Act so that professionals would be held accountable for monitoring work being done as it was impossible for department officers to monitor every company throughout the year.

Petaling Jaya mayor Datuk Mohamad Roslan Sakiman said developers and contractors would be asked to sign a statutory declaration that they were responsible for a work until its completion to further enhance public safety.

At present, he said, the Uniform Building By-laws only required such a declaration when the building plan was submitted.

He added that the Housing and Local Government Ministry’s Certificate of Completion and Compliance in 2007 had also replaced the council’s Certificate of Fitness.

As such, the applicants bear sole responsibility for the construction or demolition, which includes safety at the site, he said.

Section 14A Rukun Tetangga chairman Tee Kee Ti, however, felt that it was not appropriate for the local council “to blame the matter on somebody” and “to push away their responsibility in such a way”.

Petaling Jaya Local Councillors , i.e. those Pakatan Rakyat appointed ones, should immediately tender their resignation.

They have a responsibility for all matters that happen within their jurisdiction - especially matters concerning construction and demolition. The incident happened less that 2 Km from their head office. Do they not also send officers to check on state of affairs - i.e. whether the requisite approvals have been obtained, etc..

Is the Local Council investigating the incident? Will they be issuing a report of their own findings..Will they ensure that the family and dependents of those killed b adequately compensated for their loss (i.e. not less than RM25K each)? Will the injured be compensated? Will this errant company - its Directors, shareholders, Management, etc be blacklisted irrespective of what new company they form or are part of? Or...like their predecessors, their BN appointed councillors, they too will sweep this under the carpet? 7 dead demands the head of the Local Council, if not all the councillors, to immediately tender their resignation in shame..

Elected Councillors would have been more responsible, for if they fail their community, they would not be re-elected by their constituents. On the other hand, appointed councillors only have to spend time being in the good books of the MB and State Exco, and maybe their party leaders - they tend to neglect the needs of the people..they neglect ...Shocked am I to hear that the said 'demolishers' and killers of 7 had the blessing of the Local Council to proceed...Do you not know that there is a need to get Occupational Safety and Health's approval before demolition can commence.

I await the response of the Local Council of Petaling Jaya ...I also hope that the MPs and ADUNs of the area, is out there demanding answers...from the Local Council, etc. It matters not whether the Local Council are 'your' people or not, peoples' reps have a duty and obligation to the people that they represent...

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

What non-sense...are you telling me that the employer (and/or fellow workers) do not know the names of their own workers? Surely, they have the employment records, etc...

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.

Final count: The recovery team removing the last body from under the rubble yesterday. The bodies of all seven workers who were trapped after the building collapsed on Thursday have now been found.

However, the final two bodies could not be identified as they were badly crushed. Police will wait for the Indonesian Embassy to help with possible DNA identification, he said.

With the recovery of the seven bodies, the search and recovery operation ended at 5pm.

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

DNA identification - I wonder how they are going to do this. Even, in Malaysia, we do not have a DNA database of persons, whereby it would able for us to do DNA identification.

Fingerprints...and Dental Records - that is how identification is made when bodies are crushed beyond identification.

But, again ...surely you know the name of your workers that are missing. I wonder also why the name of the employer of these workers that have been killed are being kept 'secret'.

I worry whether their family/dependents will get their Workmen's Compensation money of maximum RM18,000 (plus the additional compulsory insurance payment of RM7,000)

Or, will there by no pay-out...? I wonder whether the employer registered these workers for Workmen's Compensation, or purchased the requisite for the said workers...

Is the employer being investigated? Was he negligent in not providing the required safety levels and conditions, as required by law. Did the workers have the required safety clothing...equipment?

See also earlier post:- 4 workers dead - Employer? According to law, dependents get RM25K only if...

4 workers dead - Employer? According to law, dependents get RM25K only if...

Tell me about the 4 workers (migrant workers) who died...

Tell me about their family/dependents...

Tell me their names...

Tell me whether they are documented workers (or undocumented workers) - tell me who their employer is... [Why is the name of their employer not being reported in the media? Is he connected to powerful persons? Did the employer cut corners to save money - and was this the cause of this accident?]

Tell me whether the Majlis Bandaraya Petaling Jaya (MBPJ) was doing their job to ensure that the demolition work was done with the adequate safety equipments...and in a safe manner. (The MBPJ headquarters is only about 2 kilometers from the accident site...)

Tell me whether the Occupational Health and Safety officers had visited the site before the collapse and ensured that the required Occupational Health and Safety standards were met - or are they only NOW coming there..

Are these workers under the Workmen's Compensation Scheme - do they have the required additional insurance as required by Workmen's Compensation (Foreign Workers' Compensation Scheme)(Insurance) Order 2005.

The dead worker, under Workmen's Compensation (sec.8) would get RM18,000 or sixty months wages, whichever is less. [But there is this odd proviso in section 8, that says that if the deceased did not leave any dependents, then only amount for the funeral or RM1,ooo, whichever is less - really odd]

Under the insurance, for death he also gets..."....a sum of seven thousand ringgit in the event of death of a workman from personal injury sustained in an accident which arises out of and in the course of his employment..."

Therefore, the family and dependents of the dead migrant worker will get RM18K + RM7K = RM25K [Is this JUST - I think not...and believe that this figure needs to subtantially be increased taking into account the increased cost of living (and inflation)] What about the expenses of family members coming over, cost of getting the body transported back for burial, etc...

What if these are undocumented workers? What will their dependents and family get...?

Search and rescue personnel have uncovered the remains of the fourth victim from the rubble of the collapsed Jaya Supermarket building in Petaling Jaya this afternoon.

MCPX

At about 3am, the body of the third victim was discovered.

The three were among nine workers who were trapped when the five-storey building collapsed after demolition works went awry yesterday evening.

Two of the workers, all of whom are believed to be Indonesian nationals, are currently undergoing treatment at the Universiti Malaya Medical Centre.

Yesterday, Petaling Jaya district police chief Arjunaidi Mohamad said all nine victims were on the ground floor at the time of the incident.

He added that firemen used a skylift to assess the safety level of the affected building before the search and rescue team could enter it.

Meanwhile, Deputy Housing and Local Government Minister Lajim Ukin said initial investigation indicated that the structure might have collapsed due to overloading as heavy machinery were used in the demolition work. - Malaysiakini, 29/5/2009, Stop-work order issued as death toll rises

RM25 K may really not be sufficient for the family/dependents to pay off the debts incurred in coming over to Malaysia - all that agent fees, etc...

746 workers died in industrial accidents in Malaysia in 2008

Recently, we had 7 workers who died during the former Jaya Supermarket demolition accident. Later, it was revealed that the said employer did not have the necessary approval of the Department of Occupational Safety and Health (DOSH).

Now, it has been revealed that in 2008, there were 44,918 industrial accidents, and 746 workers died. This is unacceptable.

No information have been provided as to whether action have been taken against the negligent parties.

No information as to whether these workers and/or their dependents have received their compensation under the SOCSO (for local workers) and Workmen's Compensation (for foreign workers).

How many foreign workers died? Did their dependents receive their compensation?

The 'secretive' maner of reporting makes us wonder whether the 7 who died at the recent Jaya Supermarket incident were documented or undocumented workers. Were they registered workers - entitled to the SOCSO/Workmen's Compensation?

Should undocumented (or 'illegal' ) workers be entitled to receive the compensation provided for under these social security schemes/insurances when they meet with an industrial accident or die as a result of this accident? YES - reasonably and justly they should get their due compensation.

Mr Minister, tell us more and re-affirm us that these undocumented workers also get the said compensation when they are victims of industrial accidents.

There were 44,918 accidents at the work place in the country for the whole of last year with 746 fatal cases.

The Deputy Minister of Human Resources, Datuk Maznah Mazlan, said the figure was quite high and the Department of Occupational Safety and Health (DOSH) would intensify efforts to reduce the rate.

She said the DOSH was responsible in ensuring that employers implemented and complied with all the guidance and procedures on safety and health at the work place.

The ministry noted that many employers were still neglecting the aspects of safety at the work place and were reluctant to register with the DOSH, she said.

"For example, out of the total of 215 estates and plantations in Negeri Sembilan, only 126 were registered with the DOSH," she told reporters after opening the seminar on occupational safety and health in the agricultural and livestock breeding sectors organised by the DOSH, Negeri Sembilan at the Industrial Training Institute, Pedas, near here today.

Maznah said most of the industrial accidents involved the manufacturing and agricultural sectors.- Bernama, 28/5/2009, Rate Of Industrial Accidents Still High

What are the laws that cover workers when it comes to industrial accidents (including travel to and from the workplace)? Here is just some brief general points, that I found from the Port Klang Free Zone website

Two compensation schemes provided for local and foreign workers are as follows:

1. Social Security Organisation (SOCSO):

• Administers the Employment Injury Insurance Scheme and the Invalidity Pension Scheme provided under the Employees' Social Security Act 1969. Socso only covers Malaysian workers and permanent residents.
• All establishments, including factories, employing workers earning wages not exceeding RM2,000 a month are required to insure their workers under the two social security schemes.
• The Employment Injury Insurance Scheme provides employees with coverage by way of cash benefits and medical care in the event of any disablement or death due to employment injury. Only the employer pays the contribution of about 1.25% of the employees' monthly wages.
• The Invalidity Pension Scheme provides 24-hour coverage to employees against invalidity and death due to any cause before attaining the age of 55 years. The 1% monthly contribution is shared equally between the employer and employee.

2. Foreign Workers' Compensation Plan (FWCP) - Malaysia

• The Workmen's Compensation Act 1952 administered by the Department of Labour provides for the payment of compensation to workmen in the event of injuries arising from their employment. Where fatalities occur, the Act provides for the payment of compensation to the workers' dependants.
• The Act covers private sector workers who earn less than RM500 a month and all manual workers irrespective of their wages.
• Malaysian and permanent residents who are covered by SOCSO are NOT covered by this Act.
• All foreign workers come under the purview of the Act in respect of compensation for employment injury as well as non-employment injury via the Workmen's Compensation (Foreign Workers' Compensation Scheme) (Insurance) Order 1998.
• Under Section 26(2) of the Amended Act 1996 of Workmen's Compensation Act 1952, it is mandatory for every employer to insure all the foreign workers employed by him under an approved insurance scheme in respect of any liability he may incur.

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

Something, that I received by e-mail, which looks authentic, and raises questions about the recent Jaya Supermarlet Demolition tragedy that saw the death of 7 workers. (See earlier posts:- Jaya Supermarket Collapse: 7 Workers dead - Is there a 'cover-up'?

*********

To All my engineer friends,,,

Ini boleh kah...or is it Msia semua boleh??

well finally the truth is out, thanks to these pictures.
look carefully at the sequence of pictures from top to bottom;
what's wrong with this scene?
they were demolishing the building from the top with heavy cranes.
Dunno who the consultant but it doesnt make sense to pile on the top right!

The Jaya Shopping Mall disaster

2 excavators clearing the rooftop

And then, KABOOOM!

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...

Selangor Government must provide a closure to the issues arising from JAIS action on 3rd August

3rd August 2011

The raid occurred Wednesday night during a dinner at the Damansara Utama Methodist Church in Petaling Jaya, just west of the capital Kuala Lumpur.

Around 30 Islamic religious and police officials entered the church compound in Selangor state without a warrant and began taking videos and photographs, Daniel Ho, senior pastor for the church, said in a statement.

They subjected guests to "undue harassment" and took down the details of the Muslims present before leaving, he said. - Malaysiakini, 4/8/2011, Jais raid 'a dangerous precedent', says CCM

The issue is respect - it was wrong to trespass into a private event...and disrupt it. Would it have happened if the PM or some Minister, or some BN politician was its patron...or an invited guest... or if it was organized by some BN or BN-linked organization?  If there was evidence of laws being broken, then certainly investigate, and if there is sufficient proof - then only arrest or do the needful. Do not simply act on the basis of police reports - or information received from un-named sources... They could have quitely met with the organizer and get details of attendees to the function  or even wait until the event end and get details when people leave... but certainly not do what was done...(but reports are vague, and we still do not know exactly what happened..)

The issue is freedom of assembly, freedom of expression, ... are we heading towards a situation that soon people also need to apply for JAIS permission if they are organizing events where Muslims may attend/participate...and then JAIS will decide also the content of speeches, materials disseminated, etc - be careful for are we not trying to be ONE mulit-religious multi-ethnic Malaysia - not a Malaysia divided into a Muslim Malaysia and a non-Muslim Malaysia.

JAIS -  they should have no authority in policing non-Muslims - or non-Muslim organized events. That should be left to the police...

Discrimination - why take down only the details of Muslim guests - and not others. Would not the others present also be credible witnesses for what had transpired in that event. Or is this just another anti - 1Malaysia action by the BN government and/or their stooges - to scare Muslims in Malaysia from attending or being part of any event, function ... organized in a non-Muslim premise, or religious compound...or by persons who are non-Muslims. Would it also not scare Muslims from attending weddings or funerals or their non- Muslim friends - why the JAIS may come and harass us...

Selangor Menteri Besar - his immediate reaction was disappointing... that 'gag-order'. Let us not forget that JAIS comes under the State government. He should have expressed immediate anger at the actions of JAIS (and police) disrupting a private event and tell them that this is not the way one does things in Selangor - where we do respect persons of other faiths/beliefs and will not just go charging into their compound disrupting events being organised - and hassling their guests. With regard to further action, he could say that he will wait for that JAIS report..but it has almost been 9 days. The Menteri Besar is akin the CEO of the State, and if he is responsible for the actions of all State authorities, departments and bodies... and if one of them does something disrespectfully - he must scold them... Set up an Commission of Inquiry - to independently investigate matters - not just wait for the JAIS report. Meet the organisers, the owners of venue, .... After receiving the report, he must first discuss with his Exco - then he could also meet with the Sultan...

The poor response of the MB may be because of other considerations - i.e. the upcoming elections and he did not want to seen as being anti-Islam, which may arise if he was strong against JAIS. Can we accept this? Hello, Muslims in Selangor and Malaysia are not so 'shallow' - they do not equate being anti one JAIS action as being anti- Muslims. A PAS or DAP MB would have done the right thing but PKR worries too much and that delay in taking the right action....worrying always the consequence it will have come next elections is making matters worse. The same was with the 'Allah' issue - PAS was clear that Muslims do not have the exclusive right to call God 'Allah' - and here again PKR speakers were vague about this, citing reasons like they are not religious scholars, etc...In fact, I recall that even for that accident in Jaya Supermarket which saw many workers die - I have yet to see any detailed report from the Selangor government and/or the relevant local council..I wonder whether the victims or their families were even compensated?

Remember your position on right and wrongs is not depended on what the majority says is right and wrong. If this was the way how leaders behave, we will still be having a lot of injustices. Slavery would still be there ...in fact, we may not even be having democracy, women's rights, workers' rights, orang asli rights, etc...

For a long time, people accepted the ISA and Detention Without Trials as necessary and OK - but finally, the mindset of Malaysians have changed and today the majority is for its abolition - and it was because there were 'leaders' who took the lead in condemning such laws and asking for its repeal. Do not be scared to take a stand for what is right and against what is wrong.

This JAIS action has done a lot of harm to our struggle for unity and respect - and many narrowly see the JAIS action, as being a Muslim action which is not, and the Selangor MB's reaction thus far also does not help matters. The issue is still 'festering' and the Selangor MB and State Government's delay in taking a clear position only makes things worse - and some quarters are making this into a Muslim -versus- non-Muslim issue. In fact, there seems to be some quarters are starting to lose faith in the Selangor government - and, it may be worthy to note that even the MCCBCHS is calling for the Federal Government, not the Selangor government, to intervene - Selangor PR Government must act firmly - reprimand where necessary, clarify where required (did the 'raid' happen during the event or did it happen after the event was over???), apologize if required, and propose changes in law/policy and guidelines to prevent future such actions by the SELANGOR JAIS..

Good to see what Damansara Utama Methodist Church (DUMC)(the owner of the venue), Harapan Community (the organizer of the event), JAIS, Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST), Allied Coordinating Committee of Islamic NGOs (ACCIN), UMNO Youth, Islamic Renaissance Front (IRF) - see below

Selangor Mentri Besar Khalid Ibrahim has issued a gag order to all state exco members from commenting on the issue of Jais' raid on Damansara Utama Methodist Church (DUMC) on Wednesday until they have received the Jais report and “further action” has been taken.

“Once I receive Jais' report on the matter I will meet with the Selangor Sultan to discuss and resolve the matter, and to ensure that such incidents do not recur,” said Khalid (left) in a statement today.

“Until this is done and the matter is resolved, all Selangor exco members are prohibited from making any statements regarding this issue,” he added.

“As mentioned yesterday, we regret that the incident has taken place and is confident that the people of Selangor do not feel that their interests have been overlooked,” said Khalid.

The MB added that good intentions did not justify the raid, that he said “failed to display fairness and wisdom in leadership”.

He called on the people to perpetuate the spirit of harmony, respect and tolerance amongst the various religions in the country. - Malaysiakini, 5/8/2011, MB Khalid issues gag order on church raid

Damansara Utama Methodist Church (DUMC) slammed the Selangor Islamic Religious Department (Jais) for carrying out a raid on their premises on Aug 3 “without proper authority under the law”.

“We reiterate the fact that Jais and police officers came into Dream Centre without a search warrant,” said senior pastor Daniel Ho in a statement today.

“They intruded into the thanksgiving dinner and interrupted the programme. They took photographs and videos when they came in,” he said, adding the officers continued recording and photographing even after exiting the hall.

“The Jais officers issued several stern warnings to the organisers for refusing to cooperate with their demands.

“In the meantime, many plainclothes personnel rode into the Dream Centre compound with motorbikes and some of them went around the compound,” said Ho.

DUMC's statement comes after a week of silence on the raid since 20 to 30 Jais officers raided the DUMC premises without a warrant last Wednesday.

The pastor however remained silent on allegations that the church had been proselytising Muslims.

“We respectfully submit that this trespass, search and seizure by Jais and police actions were without proper authority under the law,” said Ho.

Yesterday Jais issued its first official statement on the matter denying that they had “raided” DUMC and stressed that no force was used.

"No force was used by Jais enforcement officers on that night...only after the event attended by 100 attendees was over, did the inspection take place inside the hall," said Jais director Marzuki Hussin (right).

"Reports that Jais conducted a raid, used force and gate-crashed the dinner are all wild accusations," said Marzuki.

Last week Ho had blasted the authorities for trespassing on a HIV/AIDs benefit dinner by non-profit organisation Harapan Komuniti held at DUMC's hall, without producing a warrant or the alleged complaint that Jais said their visit was based on.

Incidentally the same venue also hosted an electoral reform forum organised by the Association for the Promotion of Human Rights (Proham), featuring Bersih 2.0 chief Ambiga Sreenevasan and Election Commission deputy chairperson Wan Ahmad Wan Omar. - Malaysiakini, 12/8/2011, Church: Jais acted 'without proper authority'

Umno Youth has today called on the Selangor government to provide a detailed explanation on what transpired when the Selangor Islamic Affairs Department (Jais) raided the Damansara Utama Methodist Church last week.

Its chief Khairy Jamaluddin Abu Bakar (right) said the movement was unhappy with the Selangor Pakatan government, which was seen as weak in handling the matter.

"Initially, they are seen to be avoiding or claiming responsibility, saying it (Jais) comes under the purview of the ruler. They also made allegations of a federal government conspiracy in such an action, although such claims were unsubstantiated.

"Such perception changed when the menteri besar said the state government should bear the responsibility and answer for its actions. Following this, I urge MB Khalid Ibrahim not to delay in explaining or trying to hide the matter any further. If he cannot explain, it is better he resigns," Khairy said in a statement.

It is frustrating, Khairy noted, that the Selangor government has attempted to delay or was trying to hide the issue from public domain, with no follow-up action.

The Umno Youth chief said for the movement, such a tactic was truly irresponsible because it involved an issue sensitive to both the Muslim and Christian communities, which were watching the matter closely.

Besides the Selangor MB's realisation of this being a sensitive issue, he had chosen to delay and was hiding the matter behind a veil.

"He should himself quickly probe the matter and take the proper action," Khairy said. - Malaysiakini, 10/8/2011, Come clean on church raid or quit, Khairy tells MB

We, from the Islamic Renaissance Front (IRF) read the news regarding the proposed Faith Crime Act by the deputy education minister yesterday with trepidation.

The proposal came about as a response to Jais' unwarranted raid of Damansara Utama Methodist Church last week.

The raid conducted by Jais was purely based on suspicion that the Methodist Church was involved in an act of proselytisation. The Malaysian Aids Council however reiterated that the dinner was actually a fund-raiser for HIV/AIDS support programmes.

The whole issue boils down to one main issue. The so-called defenders of the faith believed that their action was espoused by the religion of Islam in preventing the believers from apostasy.

This uncivilised act of storming into a sacred place accompanied by the Mafia-like police was endorsed by none others than the insular and xenophobic NGOs like Perkasa and Pembela.

We believe that such an act of storming into a church without any warrant and based on mere suspicion was a travesty of justice and democratic principles. Freedom of assembly is enshrined in Article 10 of our constitution. Any act that violates this freedom is reprehensible.

We realise that this conflict stems from the static and stagnant approach to understanding Islamic law. The codified law in Islamic jurisprudence derived through the exercise of juristic reasoning of the latter years was considered sacred and beyond reproach. Hence the most rigid and literalist interpretations tend to prevail.

The defenders of faith failed to look at ample evidence in the Quran that gives the liberty to the people to freely follow their conviction.

Any individuals are given the right to accept or reject a particular faith based on his personal conviction.

"There shall be no coercion in matters of faith" [Qur'an, 2:256]

“And [thus it is] had thy Sustainer so willed, all those who live on earth would surely have attained to faith, all of them: dost thou, then, think that thou couldst compel people to believe” [Qur'an, 10:99]

This message of freedom of belief and the call to religious tolerance is reiterated time and time again in the Quran and through various Prophets. This has been the call of all the Prophets even before Prophet Muhammad. Refer the Quran [7:85-87, 39:39-40, 17:84].

Faith is a personal conviction. The state has no authority to interfere in one's choice of faith. One is answerable to God for the decision he or she makes in her life. Hitherto it is very perturbing that a lawmaker proposed for Faith Crime Act to be enacted by the government.

This act infringes on God given right for us to believe on our free will. No one has the authority to take this right from us. We are answerable to God alone in the life to come. We must ensure that our community embraces this freedom of religion and we will not succumb to any threat to remove this freedom away from us.

The principle of reciprocity is to be upheld since it gives a meaning to the concept of justice. In a modern multiracial society like us, where different faiths lives together, we have to respect the right of an individual to choose and convert to a faith that he or she believes in.

There should not be undue pressure or coercion for a person to believe in a faith he or she has no belief anymore. It would be a real tragedy and disaster when a state started imposing its authority in matters of faith.

The writer is chairman and director of Islamic Renaissance Front (IRF). - Malaysiakini, 10/8/2011, Raid by Jais an 'uncivilised' act 

Harapan Komuniti has broken its silence on the multi-racial dinner at the Damansara Utama Methodist Church, which has become the centre of controversy after a raid by the Selangor Islamic Affairs Department (Jais) last week.

In a statement today, executive director Raymond Koh said the 'thanksgiving' dinner was attended by "donors, friends and beneficiaries of Harapan Komuniti" before it was raided by 30 Jais and police officers.

“They proceeded into the hall and took photos and videos and even removed pamphlets from the various drawers and cabinets in the said hall, without any permission from us or the landlord of DUMC's premises.

He described the non-profit group as one that works with the poor and "downtrodden" and people living with HIV/AIDS.

This is the full statement:

Harapan Komuniti is a non-profit organisation, working to bring love, hope, peace and dignity to the needy, downtrodden, children, women and people living with HIV and AIDS. We help people, regardless of race, religion or creed.

Harapan Komuniti is a partner organisation of Malaysian AIDS Council.

On Aug 3, Harapan Komuniti held a thanksgiving/fundraising dinner at DUMC's (Damansara Utama Methodist Church) premises. That dinner was attended by donors, friends and beneficiaries of Harapan Komuniti.

About 120 people, from various backgrounds, attended the dinner and were treated with a meal catered by Muslims, followed by live performance, a 1Malaysia dance, a quiz, and reporting by individuals. Harapan Komuniti also offered a general prayer.

Around 9.30pm, about 30 officers from Jais (Jabatan Agama Islam Selangor) and the police, some were in uniforms and others in plainclothes came into the said premise without any search warrant or permission.

Harapan Komuniti immediately requested the Jais officers if they had any warrant and despite repeated requests, Jais officers refused to hand to us any warrant to search or arrest.

They proceeded into the hall and took photos and videos and even removed pamphlets from the various drawers and cabinets in the said hall, without any permission from us or the landlord of DUMC's premises.

Harapan Komuniti's lawyer Annou Xavier stated that Malaysia should be fortunate to have non-profit organisations such as Harapan Komuniti that gives 'Harapan' or hope to the needy, afflicted, poor, marginalised and yet, on that fateful night, Jais decided to take the opportunity to raid the thanksgiving charity dinner on the assumption that conversion of religion was taking place.

Harapan Komuniti has helped many needy and downtrodden citizens of Malaysia, without regard to race, religion, creed, yet Jais took it upon themselves to disrupt a peaceful and harmonious charity event.

Annou further states that Harapan Komuniti is a '1Malaysia' organisation in its pure sense, in that its board members consist of a Malay, Mohd Rahim Ithnen, a Chinese, Raymond Koh and an Indian, Sri Ram KS Gopal to help all races, religion and creed, and not some parties that simply chant '1Malaysia' merely as a slogan.

He hopes that such an unwarranted raid would not take place in the future that would cause unnecessary anxiety and trauma to peace-loving Malaysians.

Raymond Koh
Executive director
Harapan Komuniti - Malaysiakini, 10/8/2011, Harapan Komuniti breaks silence on Jais raid

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) is calling on the federal government to intervene in last Wednesday's Selangor Islamic Religious Department (Jais) raid on a church compound.
"Jais' action sets a dangerous precedent which must be stopped and condemned by all peace-loving Malaysians.

"The constitutionally guaranteed and internationally recognised sanctity of all places of worship cannot be compromised, and this unprecedented violation must be investigated and those responsible, appropriately punished.

"We urge the federal government to expeditiously launch a thorough investigation into the fiasco," said its honorary secretary-general Prematilaka KD Serisena.

The raid was carried out based on a tip-off that the dinner organised by Harapan Komuniti at a building owned by the Damansara Utama Methodist Church (DUMC) had allegedly attempted to proselytise among Muslims present.

The interfaith council is peeved by news reports quoting unnamed Muslims at the event, claiming that they had been asked to convert from Islam, one of many claims that have cropped up since the raid including accusations of distributing Malay-language Bibles to Muslims during the event.

"Such witnesses must be made available to an independent inquiry, which must be instituted immediately, to determine their qualification to bear such witness, to corroborate such evidence and to verify it.

"lf the newspapers in question are found to have published false statements likely, or meant, to incite religious or racial hatred between Malaysians, the authorities must initiate the necessary action to punish them to the full extent provided for in our laws," he said.

The council also called on the government to assure non-Muslim communities that there will not be a repeat of the incident.

'Discuss issue at working committee'

Meanwhile, less than 24 hours after the council's statement, the Allied Coordinating Committee of Islamic NGOs (ACCIN) reminded its counterpart MCCBCHST to refrain from making statements on interfaith matters and instead to discuss them at the governement's interfaith working committee.

"Since the Working Committee Promoting Understanding and Harmony Between Adherents of various Religions (JKMPKAPA) was established under the cabinet, ACCIN and its members have not made any statements on interfaith matters out of respect for the committee's consensus.

"ACCIN would like to remind the MCCBCHST to respect the committee in future," said the coalition chairperson Sheikh Abdul Halim Abdul Kadir.

The Muslim coalition also called on parties to respect religious sensitivities and to cease all proselytisation activities among Muslims.

"This is consistent with the spirit of interfaith relations and the provisions of the constitution where Islam is the official religion. Other religions can be practiced so long as they respect the official religion and the sensitivities of its followers," he added. - Malaysiakini, 9/8/2011, Jais raid: Federal gov't should intervene, says council