Malaysian Bar welcomes proposal to give Judges discretion on death sentence

Press Release: Malaysian Bar welcomes proposal to give Judges discretion on death sentence

Friday, 20 July 2012 04:27pm

The Malaysian Bar welcomes the Honourable Attorney General’s recent announcement that the Attorney General’s Chambers (“AGC”) is considering proposing an amendment to the Dangerous Drugs Act 1952 to give Judges the discretion not to impose the death sentence on drug couriers.  The AGC is reportedly also considering a proposal that those on death row be resentenced.   This is a positive first step towards realising the cross-party initiative, led by the Minister in charge of Law and Parliamentary Affairs, to end the use of the mandatory death penalty for drugs-related offences.  There is great wisdom in leaving the decision on punishment for such offences to the discretion of the Judiciary. The next step must be a moratorium on the use of the death penalty, which must ultimately culminate in the abolition of the penalty, as the execution of human beings by the State serves as an “example of barbarity” to society and legitimises the taking of human life. This goal will earn Malaysia a rightful place amongst modern and progressive democracies, as the worldwide trend has been to abolish the death penalty. Lim Chee Wee President Malaysian Bar

Malaysia mulls scrapping death penalty for drug couriers

M’sia mulls scrapping death penalty for drug couriers

Wednesday, July 11, 2012 - 14:36

by Andrew Sagayam

Location: 

KUALA LUMPUR

MALAYSIA may follow Singapore’s move to abolish the mandatory death penalty for drug couriers. Attorney-General Tan Sri Abdul Gani Patail said his Chambers was working towards proposing an amendment to the Dangerous Drugs Act 1952 to give judges the discretion of not imposing death sentences on couriers.

“We are getting advice from law experts throughout the world regarding drug laws and how are they applied in their country,” Abdul Gani told The Malay Mail, yesterday.

“Since late last year, we have been doing research and studies, and one of the suggestions is that we want to allow those on death sentence to be resentenced.

“This means those on death row would be referred back to the courts, with legal representation, to be re-sentenced,” he said, in response to a query following Singapore’s decision to scrap the mandatory death penalty for drug couriers.

On Monday, Singapore Deputy Prime Minister Teo Chee Hean said the proposal would give judges the discretion to sentence drug couriers to life imprisonment and caning.

Teo, who is also Minister for Home Aff airs, had said in parliament that the changes would apply to drug couriers and those convicted of homicide where intention to kill could not be established.

However, the mandatory death penalty for drug kingpins and traffi ckers remains.

Bar Council president Lim Chee Wee said Malaysia should abolish the mandatory death penalty or at least begin with a moratorium on execution.

‘Executions have not reduced drug trafficking’

He said leaders and lawmakers should stop thinking of politics namely the impact of such abolition would have on votes adding that the statistics show that mandatory death penalty has not reduced the number of drug trafficking cases.

“The Bar has consistently taken the position that the government must abolish the death penalty if we are to be called a just, democratic and progressive society in the eyes of the world.

“We urge the government to demonstrate leadership by immediately declaring a moratorium on any imposition for the death penalty,” Lim said.

He said the majority of arrests for drug trafficking is usually of low-ranking “drug mules” who are the most visible and easy to apprehend.

“In other words, while policymakers hope that the death penalty serves as a deterrent, the reality is that the majority of these arrests of “minor offenders” would not impact the scale or profitability of the drug market,” he said.

Lim said as it is well-acknowledged that no legal system in the world is foolproof or error-free the opportunity to right a wrong is, however, not available if the death sentence on a person has been carried out.

“In such event everyone will be collectively responsible for having sent an innocent man or woman to the gallows. We should take no risks to subject a person to death, as the execution of the death sentence is irreversible,” he said. - Malay Mail, 12/7/2012, M’sia mulls scrapping death penalty for drug couriers

See earlier post:

Abolition of Death Penalty for Drugs - Singapore doing it, when will Malaysia follow suit?

Beware the new NATIONAL HARMONY ACT - just repeal the Sedition Act 1948

PM Najib and the BN government is now saying that the Sedition Act 1948 Act will be replaced and replaced with a new Act, to be called the National Harmony Act. The name certainly sounds very nice BUT we really need to look at it - for, I worry, it may be even worse that the current Sedition Act. Remember, this was what happened with the Peaceful Assembly Act...

National Harmony Act - such a nice sweet sounding name. Who will oppose and Act with such a name? If you oppose, people will say that you are against 'national harmony', which is something that all Malaysians want. But, the problem would be that the 'wrapping' may be beautiful but when opened, the contents  may be shocking. (New strategy of the BN is to come up with beautiful sounding titles that no one, on the face of it, would want to object to.... so beware)

Sedition Act certainly needs to be repealed - as it totally curtails freedoms of expression/opinion - No one can criticize or say anything bad against government, judiciary,..... and it does not matter whether what you said was TRUE  - the intention is also deemed irrelevant..

The Act also prevents freedom of expression and speech - and we cannot even 'question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution' - The act curtails freedoms necessary for a democracy. When one cannot question certain matters, that ends even the process of developing alternative views and better positions on certain matters, and so, we remain stagnant despite changing circumstances and environment.

Section 3(1) A "seditious tendency" is a tendency -

(a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;
(b) to excite the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;
(d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;
(e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or
(f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution.

Section 3(3) For the purpose of proving the commission of any offence against this Act the intention of the person charged at the time he did or attempted to do or made any preparation to do or conspired with any person to do any act or uttered any seditious words or printed, published, sold, offered for sale, distributed, reproduced or imported any publication or did any other thing shall be deemed to be irrelevant if in fact the act had, or would, if done, have had, or the words, publication or thing had a seditious tendency.

When a person raises a dissatisfaction amongst the people against the government,.... (it is so wide) - he/she can be charged under the Sedition Act...

This is an ancient law - and should be repealed.

My fear of this new ACT, being proposed by Najib, is that it will just extend the areas where freedom of expression/opinions be curtailed, and maybe also increase penalties....hence, further suppression of freedoms.

Now - disclose now the proposed Bill to the public, so we can all have the opportunity to study it and give our comments - have discussions about it, etc. Do not table it suddenly in Parliament - get it passed (because BN has the majority and BN MPs have no right to vote against) within a few days...

National Harmony Act to replace Sedition Act

10:02PM Jul 11, 2012

Prime Minister Najib Abdul Razak tonight announced that the Sedition Act 1948 will be repealed and replaced with a new act to be known as the National Harmony Act.

The decision to repeal the act was to find a mechanism that could ensure the best balance between the need to guarantee the freedom of speech for every citizen and the need to handle the complexity of plurality existing in the country, he said at the dinner of the Attorney-General's Chambers with the prime minister at the Kuala Lumpur Convention Centre in Kuala Lumpur.

"With this new act we would be better equipped to manage our national fault lines. It will also help to strengthen national cohesion by protecting national unity and nurturing religious harmony," he said, according to Bernama.

Also present were the chief secretary to the government Ali Hamsa and attorney-general Abdul Gani Patail.

Earlier, the Security Offences (Special Measures) Act (Sosma) 2012 had been passed by Parliament but is not yet in force. When in force it will replace the draconian Internal Security Act.

Besides Sosma, the Najib administration has also introduced the Peaceful Assembly Act 2012 which replaces certain sections of the Police Act regarding public gatherings.

It is however uncertain how the repeal of the Sedition Act would have an impact on on-going cases like the case against Bukit Gelugor MP Karpal Singh.

Hindu Rights Action Force leader P Uthayakumar is another politician who is still facing a charge under the Sedition Act and it was only last month that he unsuccessfully tried to declare the Act as null and void at the Federal Court.

Najib said that the absence of an ideal balance could suppress the freedom of speech which was guaranteed by the federal constitution, hinder one's creativity and innovativeness or promote the spirit of chauvinism and extremism.

More open social environment

He said the balance must be achieved in a more open social environment with access to information which could lead to information overflow, an increasing standard of education and socio-economy and rising expectation.

“The provisions proposed in the National Harmony Act will stress on inculcating the spirit of harmony and mutual respect in the Malaysian society made up of various races and religions,” he said.

He said the new bill would be more specific in nature and would enable the government to act against anyone using sensitive issues to break up national solidarity.

The prime minister said the government would ensure that the provisions of the new Act would not hinder the power to tackle acts that could cause hatred and humiliation or stoke the feelings of disloyalty to the Yang di-Pertuan Agong or any ruler.

It also covered acts that could create enmity between the races and question whatever rights, positions, privileges, sovereignty or prerogative protected in the constitution.

“Before formulating the National Harmony Bill, the government wants to invite views and opinions from Malaysians, whether individuals or organisations on matters that need to be addressed in drawing up the legislation.

“The Attorney-General’s Chambers has been tasked as the agency responsible for getting the opinions of all stakeholders,” he said.

Najib said the government was aware that there were groups who considered the Sedition Act as a tool to prevent action or views that were contradictory to the government’s stand, but pointed out that this perception was totally unfounded.

‘Not prevented from critising the government’

“As such, the new provisions will not prevent the people from criticising the government and the administration of justice. Any act that is in contempt of court will be handled by the judiciary itself through the existing provisions in the existing Rules of Court,” he said.

Meanwhile, Najib also said the government decided to enforce immediately all new laws and amendments to the existing laws which were announced in the Political Transformation Plan including the Sosma; Printing Presses and Publications Act; and the Universities and University Colleges Act.

“Through the abolition and formulation of the ongoing bills, the government wants to ensure that adequate democratic space is provided for differences of opinion and competing ideas.

“Basically, we want to create one Malaysia where the principles of human rights is upheld, the individual's liberty to express opinions openly is welcomed, and the interest of the individuals and the community is balanced,” he said.

The prime minister also said that the Attorney-General's Chambers could be likened to a compass that showed the direction to ensure that the principles of the supremacy of the constitution and the rule of law were always upheld.

“I take great pride that the staff of the Attorney-General's Chambers have never been complacent with the adulation and praise accorded and never over-reacted to any allegation or slander made against the agency,” he said.- Malaysiakihi, 12/7/2012, National Harmony Act to replace Sedition Act

Najib's and BN's commitment to anti-corruption question - looking back at Eric Chia and Kasitah Kadam's judgments

Our Prime Minister Najib and the BN government over the years have been trying to convince us that they are anti-corruption, and will act against corruption and other mal-practices. Alas, it is sad that only the 'small crooks' have been targetted - not the big crooks. 

Even, if the 'big boys' are arrested, charged and tried - the government still will do the needful to ensure that they are acquitted. Prosecution sometimes just fail to present a strong case - sometimes even by not calling important witnesses, that should have been called, and hence leaving judges no choice but to acquit. Remember, once a person is charged and acquitted, he/she cannot be charged again for the same offence.

We really need laws to ensure that we can take and charge persons vested with powers to court for their actions (inaction) that was deliberate or negligent that undermined the law and/or the good of the nations. Prime Ministers who signed agreements or did things detrimental to the law, rights and justice. We need the ability to be able to charge former PMs, Ministers, Director Generals, Auditor Generals, etc -- and they should never be given immunity by reason of the fact that these were done while they held a particular office. Prosecutors who failed to call important witnesses...who failed to present a proper case... so persons charged get acquitted by reason of their actions/omissions and/or gross negligence should also be liable to the people they serve.

Remember Eric Chia and Kasitah Kadam - both were acquitted because prosecution failed to call material witnesses.

The Eric Chia case...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

.

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

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

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

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

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

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

When you do not have sufficient evidence and necessary witnesses, you must never charge a person in court. And, if you fail to convict, then it is time for Malaysia a law that requires the government to pay COMPENSATION to accussed persons - to compensate their loss of liberty, their costs, etc... 

When it comes to material witnesses, it is normal practice to first record a statement by the witness usually under oath - so, even if there is a sudden change of testimony when he is called, that witness can be challenged with reference to the earlier statements  given. Such witnesses could also be charged in court...

Witness can be summoned through the issuance of subpoenas (court orders) and a failure to comply with the said order can give rise to contempt proceedings taken against such witnesses...

So, why was there a failure to call material witnesses? Was there some order...or some other intervening factor at play that wanted the said accused persons acquitted? Or was it just incompetence, negligence or inexperience on the part of the assigned prosecutors? All we can do is speculate...

See also earlier post:

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

Absurd for EC to say come back every 5 years if Malaysians overseas to have right to vote...

Why must a Malaysian citizen be required to come back to Malaysia once every five(5) years to be eligible to vote? The 

“The only condition is (that citizens) must come back to Malaysia at least once in five years before Parliament is dissolved,” he said.

“This is to make sure that they know our political situation well before voting.”

Well, this is absurd for the EC has forgotten that we are in the ICT age, and any Malaysians overseas would really be fully aware of the political situation in Malaysia by just accessing the internet - not only would they have access to on-line version of mainstream media but also alternative media, and even Blogs, social networking sites... to be aware sometimes of the real political situation in the country not just the doctored, biased  and manipulated information  dished out by the main-stream media.

Well for some, coming back to Malaysia once every five(5) years is sometime not a luxury they can afford - money, work/study schedule, etc... are all factors to be considered. 

So, the right for Malaysians overseas to be able to vote should not be denied by such absurd conditions. All Malaysians must be accorded the said right.

Most importantly, they must be given reasonable time and opportunity to cast their votes, and this necessarily means that there must be significant time between nomination day and the day the ballot is cast, giving, of course, time for postal communications to reach the voter, time to consider and decide who to vote for, time to vote, and time for the ballot paper to come back in time to be counted...reasonably, I believe that this means the number of days between nominations and vote counting must at the very least be 21 days... will the EC ensure this?

The other concern, is whether the names and addresses (preferably also email addresses and phone contacts) of all these overseas voters must be provided forthwith on nomination day - this would accord candidates to campaign for the votes of these voters.

M'sians overseas can vote by post, says EC

Lee Way Loon 11:40AM Jul 11, 2012

The Election Commission (EC) today announced that Malaysian citizens living overseas can vote by post come the next general election.

At a media briefing this morning, EC chief Abdul Aziz Mohd Yusof (centre) said the commission is in the midst of preparing the legislative changes to allow overseas Malaysians to vote.

“The only condition is (that citizens) must come back to Malaysia at least once in five years before Parliament is dissolved,” he said.

“This is to make sure that they know our political situation well before voting.”

Aziz said the EC would table the amendments at the next Parliament sitting in September, if this was required.

“The system can be implemented by September if we have to amend the law, but it can be done earlier than that (if legal amendments are not needed).” - Malaysiakini, 11/7/2012, M'sians overseas can vote by post, says EC

 

Surely there are thousands of village heads - how come only 510 came to listen to Najib?

Village Heads and Chiefs - These are all government selected and appointed, not persons who have been democratically elected by their communities. They, in fact, would be best described as Najib's or BN's cronies - and it is a joke to hear Najib telling them not to have their own set of cronies or favorites...Why not? They learn from their 'masters', the people that appoint them - and, of course, they too will develop their own set of cronies. 

If you really want to get rid of cronyism, then you must restore the right and power back to people in the villages, tamans, new villages - and allow them to democratically elect their own leaders. Make sure that there is at least one General Meeting at the Village levels where the leaders and their committees will have to report back to the people as to what they did, and also of course this accounts..

REFORMS NEEDED

Democratic Election of Village Heads and Chiefs, and their executive commitee

Annual General Meetings - Reports, Accounts, Minutes, etc

Elections could be for 2 or maximum 3 year terms

Democratically elected Village Heads and their Committee shall be given monthly allocations of RM1,000, whereby RM500 as allowance for the Head, and the remaining to be spend for the activities of the Committee and the Community - phones, electricity bills, water, Indah Water, Office, internet, etc

With a population of 28 million, given that villages/tamans/new villages have about 5,000 - that means 5,600 Village Heads/Chiefs, and if given RM1,000 per month, it is about RM5.6 million, and that is reasonable..

Now, Najib met 510 village heads and chiefs from all over Peninsular Malaysia - what happened to the rest. Did they boycott the meeting with the PM? Or were only the closest of cronies invited to this meeting? 

Najib: Village chiefs shouldn't play the crony game

Hazlan Zakaria 2:52PM Jul 10, 2012

Village chiefs must stay away from cronyism in order to uplift the image of their institution, said Prime Minister Najib Abdul Razak.

“Do not have factions around you. Do not have people around you (that you favour).

“Don’t put your gang (friends) first. As leaders you must be fair,” he told 510 village heads and chiefs from all over Malaysia in Kuala Lumpur today.

Najib was opening a seminar on how to strengthen the Peninsular Malaysia Association of Village Heads and Chiefs.

The prime minister also called upon the village heads and chiefs to mirror the loyalty that their predecessor once gave to the Malay sultans by serving the present civilian government loyally.

“Village chiefs had served the Sultans and now the present government under the umbrella of the Malay rulers.”

Above being loyal, Najib also wants them to be the conduit between the government and the rakyat in order to explain and implement the policies and programmes of the powers that be.

“You must ensure that it reach all target groups.

“I want village chiefs and heads to support the implementation of the national transformation.”

Stressing his recognition of their vital role in as “father” to local communities and hard work, Najib also agreed to consider rising their allowances and government pay grades.

“About the allowance and others, I understand, I support. Give me time, tomorrow during the cabinet meeting, I and (Minister in the Prime Minister’s Department) Jamil Khir Baharom will table it.

“I shall consult with the Finance Ministry and if it is feasible, I shall announce it when it is time.

“But when, I cannot say... But I hope that when the time comes, you will also help to fulfill my request, too,” he said.

Allocation of RM500,000 for the association

Najib also announced that the government will give an allocation of RM500,000 to the association for its activities, a considerable jump which is more that double from the RM200,000 granted to them last year.

Jamil Khir was also present during the launch of the seminar by Najib, he being one of those who had conducted briefings to the village heads and chiefs.

Fuad Jamaluddin, the president of the association, had earlier asked for an increase of allowances and pay grades for the 528 village heads and chiefs in the peninsular, citing the huge scope of their duties which is considerable as opposed to the meagre RM200 allowance they are currently receiving.

The village heads and chiefs are another electoral segment being approached by Najib as he braces for the upcoming general election, with an event featuring groups almost every week.

Prior to this Najib had held consultations and distributed what is seen to be pre-election goodies to taxi drivers, small and medium scale businesses, students and others. - Malaysiakini, 10/7/2012, Najib: Village chiefs shouldn't play the crony game

Abolition of Death Penalty for Drugs - Singapore doing it, when will Malaysia follow suit?

The global trend is towards abolition of death penalty - but Malaysia still is with the minority that is keeping the death penalty. In some cases, discretion to judges are removed in law - where to find a person guilty means the judge has no choice but to pass the death sentence - the mandatory death penalty. This is so wrong.

Drug Trafficking is just one such offence which carries the death penalty - the mandatory death penalty. Worse still, there are legal presumptions that come into play and shifts the burden to the accused person, and these presumptions are near impossible to defeat. If someone places 2kg of heroin in your car or your home, then the presumption is that you are in possession of the said drugs - Tell me how you can prove that the drugs were not yours. Impossible, it is not.

37(d) any person who is found to have had in custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of such drug and shall, until the contrary is proved, be deemed to have known the nature of such drug;

Then, there is the 2nd presumption, that if the amount of drugs is above a certain weight, you are presumed to be a drug trafficker, how again do you prove that you are not a drug trafficker. Again, it is almost an impossible task.

 

37(da) any person who is found in possession of -(i) 15 grammes or more in weight of heroin;…(xxv)…   otherwise than in accordance with the authority of this Act or any other written law, shall be presumed, until the contrary is proved, to be trafficking in the said drug

Since 1960 until March 2011, 441 persons were hanged in Malaysia, and out of this 228 was for drug offences.

On 31/3/2011, it was revealed that 696 persons are on Death Row, awaiting to be hanged to death if all their appeals fail. Out of this, 479(69%) are for the offence of drug trafficking.

AS of Feb 28, 2012, 860 offenders have been meted the death penalty, based on statistics from the Prisons Department.

What is most sad is that almost all these persons who have been convicted for drug trafficking and waiting to be hanged are not the kingpins and the real crooks but are ordinary persons who have been caught with drugs in their possession (most may be couriers, knowingly or unknowingly, and some may just be persons totally innocent, who maybe even have been set up by others) - Death is just too harsh a punishment for such people...

We need to certainly abolish the death penalty.

Most definitely, we need to abolish MANDATORY death penalties - and give judges the option to decide on suitable punishment depending on the facts of the case.

We certainly must remove these 'legal presumptions', and ensure that it must always be the duty of the Public Prosecutors to prove beyond reasonable doubt the elements that constitute the  offence...just like all other criminal cases.

Singapore is planning to remove the mandatory death penalty - and this means judges will get back options when it comes to sentencing, i.e. they can elect to not sentence a person to death, and as an alternative impose a prison sentence,...

Malaysia should follow suit....for after all, I do not believe that there are any Malaysians who would say 'NO' to the abolition of the mandatory death penalty, especially for the offence of drug trafficking, and maybe also for the other offences where no life was taken. 

For more information, do visit the Malaysians Against Death Penalty and Torture(MADPET) Blog at http://madpet06.blogspot.com/

SINGAPORE - Singapore says it plans to change the law so that convicted drug couriers no longer receive a mandatory death sentence.

Deputy Prime Minister Teo Chee Hean said in parliament Monday that the government will seek to give judges the discretion to give life sentences to drug couriers if they cooperate with authorities in a substantive way or are mentally disabled.

Teo said Singapore would keep the mandatory death penalty by hanging for drug kingpins or distributors.
International rights groups have criticized Singapore's mandatory death penalty for drug couriers as too harsh. Singapore has argued tough penalties are a necessary deterrent to keep crime rates low.

The changes to the law must be approved by parliament, where the ruling People's Action Party controls 81 of 87 seats. - Star Tribune, 9/7/2012, Singapore to end death penalty for drug couriers who help authorities or are mentally disabled (Article by Associated Press)

Government machinery will run as usual even if Opposition defeats BN

Government machinery will run as usual even if Opposition defeats BN - and the reason for this is that the effective running of the government, various Ministries and departments are all done by workers in the civil service ... so there is no RISK of a collapse of the government no matter who wins...

The problem with Malaysia is that we have only had ONE(1) coalition of political parties led by UMNO, known before as the Alliance (Perikatan) and today the Barisan Nasional. Over they years, they have managed to quell the Opposition from winning. Through the control of the mass media, and a suppression of all other avenues of freedom of expression/opinion - they have kept Malaysians ignorant of alternatives and criticism of government administration/policy and actions. Our media generally have not kept us properly informed of the good things happening in other countries or the good actions/policies of other government - most that we see is all the 'bad' that is happening elsewhere the wars, the riots, the natural disasters, etc...In this way, Malaysians were kept 'blind' of a lot of things - with a belief of 'Thank God, we are all OK in Malaysia' - sadly, this is very far from the truth.

For Malaysians, democracy ONLY meant being able to go to the ballot box and vote every five years...for MPs and ADUNs. And, for most Malaysians, ignorant of the real rights and freedoms that should be present in a true democracy, that was alright and acceptable. Of course, there was also that 'threat' that was ever present in the hearts and minds of Malaysians - i.e. that if you vote for anyone other than the BN candidate, they will know and you will be 'blacklisted' and will be discriminated - students scholarships, opportunity to get land or low-cost houses, transfers to some 'ulu' area or not being considered for promotion - fears felt by the civil servants, suffer problems with business licences/permits,be denied development,.... Of course, no BN leader may have actually verbally made this threat - but it was there in the hearts and minds of Malaysians. Most Malaysians believe that the vote is NOT secret and the government will know who voted for what... We believed that we were living in an environment where 'Big Brother was always watching..'

Well, democracy is so much more than that ---- and democracy also means that I have a right in electing my own kampung leader(or taman leader), my own Local Council and Yang Di-Pertua(or Mayor), my own Penghulus for my Mukim, ...and also my own Senators. 

In Thailand, in every 'taman' (usually about 500 persons/homes), there is elections once every 2-3 years. First, there are circulars sent to every homes calling for nominations....after that, there will be a period of campaigning...then there will be elections. About RM1,000 is allocated monthly through the elected rep and committee for their usual activities, etc. Now, these committees have a great say in determining what is done and needed for the said taman --- maybe drains, covering potholes, etc... 

And, of course the Local Councilors are most responsive to the people's needs and demands... and act fast and efficiently - for if they do not, come next elections, they will be voted out.

But in Malaysia, the government decides and appoints the Ketua Kampung, the JKKK, the Local Council, the Penghulu, .... and as such, most Malaysians do not even know who their 'reps' are and maybe even how they look like. These appointed reps many a time is not so bothered with the people (for after all they do not appoint them) - and is most close with the State government...Sometimes, the government may seek the consent of the local community with regards to some development project in the area - and, yes - it is this 'appointed' reps that gives the approval. The problem is that they seldom (or almost never) get back to the people they represent to get their views...

Now, BN has ruled too long ..... and the efficiency and quality has eroded...Now, this government is plagued with allegations of corruption, mal-practices, 'cover-ups'.... and this has to change. Remember, a new broom sweeps clean ... and maybe that is what we need, and so for the good of Malaysia and Malaysians, it may be time for us to change the government ....and reject the BN. If the Opposition do not perform better, we can always kick them out in 5 years.... And a victory for someone other than  the BN will also automatically be a VICTORY for the people - for thereafter, these politicians and political parties will be in fear of the people - knowing that if they do not perform for the good of the country and all its people, they will LOSE at the coming elections...

One argument by BN before was that the Opposition cannot govern the country - they have no experience ..they are good in criticizing only... But that myth has been destroyed after we have seen how a DAP Chief Minister ruled Penang, a PKR man ruled Selangor... we all knew for a long time that PAS could effectively govern...for Kelantan is the best example...

If people are 'intelligent and serious', the time is ripe to give our Barisan Nasional a 'break'... a 'time off' - a time to rest and reflect on where they had failed and how they can improve, and maybe give us a BETTER alternative come PRU14....(the GE after the next)

"...The people must be intelligent and serious in selecting leaders to govern the nation, in order to maintain the administrative structure practiced for the last 55 years. 

Former prime minister Dr Mahathir Mohamad said the Barisan Nasional’s (BN) administrative system was the best as it practiced a concept of sharing which involved every race and ethnic group in developing the country.

“The peace and harmony of today is the result of our multi-racial attitude, a willingness not to be enemies. 

“Our country inherited the administrative system which was created by the first prime minister, Tunku Abdul Rahman, with Tan Cheng Lock and VT Sambanthan. We developed this country together.

“This is the best approach,” he said at a dinner with non-governmental organisations organised by the Human Development Association of Malaysia and Penang Indians Development Association in George Town yesterday. 

“BN is not a party which just wants votes and we really have no other choice because we have only two parties in the country. So if we reject BN then the opposition would win and they would destroy the country,” he said...." - Malaysiakini, 10/7/2012, Be intelligent in choosing leaders, says Mahathir

Wealth Distribution In Malaysia? What is the true picture?

Top 1% - per capita income?

Top 3% - per capita income?

Top 5% - per capita income?

Top 10% - per capita income?

By not giving the figures for the top 1%, 3%, 5% or even the top 10%, but only the top 20% -  we cannot see the true picture as to whether there just really a few people that are earning very high income in Malaysia. I expect for the top 1%, it may be millions of RM....not RM3124....or even RM10,000...

Also, let us not forget that these are just based on 'income' - not their current ownership....assets, etc. Houses, land, 'swiss accounts'???, etc...  We really need more data...more information...more disclosure ..more transparency for us to be able to see how wealth is currently distributed amongst Malaysians..

And for 2010, 2011.... but what is disclosed in Parliament by this BN government only based on the 2007 and 2009 surveys - surely, in June 2012, they could have given us also maybe, if not final, at the very least interim results of 2012...

The average monthly income per capita for Malaysia derived from the Household Income Survey 2009 came up to RM1168, only a slight increase from the figure of RM1028 in 2007.

 

For Sarawak, the figure was RM974 per month in 2009 compared to RM899 in 2007. That would translate to RM11688 for the whole of 2009. (Compare that to Sarawak’s GDP per person amounting to RM30318 in 2009, based on Department of Statistics reports, making it the ‘richest’ state in the country in terms of the production of goods and services. So where has all that wealth gone?)

In 2009, the average monthly income per capita for Malaysia was as follows (Sarawak figures in brackets):

Bottom 40 per cent of households – RM404 (RM312)
Middle 40 per cent of households – RM1056 (RM822)
Top 20 per cent of households – RM3124 (RM2600)

These figures are from a written response to a question raised in Parliament on 12 June 2012 by Chong Chieng Jen, the MP for Kuching.

The figures for the top bracket may not reflect the astonishing amounts ‘earned’ by the corrupt and their cronies, which are in all likelihood under-reported. Then there are the huge leakages out of the country.- Source: anilnetto.com, RM1182 monthly income per capita

CUEPACS Wants Contract Employees Be Absorbed To Permanent Posts - It should be so for all Malaysian Workers

Malaysian workers have lost the right to regular employment - permanent employment until retirement, when this Malaysian government abandoned the rights and welfare of Malaysian workers and their families...A perusal of our labour laws in Malaysia clearly indicate that the employment relationship should be a permanent employment relationship. Entitlements to annual leave, medical leave, and even termination lay-off benefits also indicate clear increases in entitlement based on the number of years of service... Retirement Age - and, even now the government's move, to increase retirement age all underlies the entitlement to permanent employment

AS SUCH, we must campaign for:-

an end of short-term contract employment, and 

an end of any other forms of employment agreements or arrangements - that completely destroy direct employment relationship between workers and the principal (being the owner/operator of workplaces). And this means, the contractor for labour need to be abolished, and all workers who work at any workplace, especially those involved in the core operations must be all be employees of the said principal. No more 'contract labour', 'agency workers', 'outsourced workers',....

CUEPACS wants this and is calling for all contract employees to be absorded to permanent status - and this must also be the case for all other workers...including those in private sector. [One permissible exception may be migrant workers - whose contract must be for the full 3-5 years, agreed period that migrant workers come to work in Malaysia - and no longer these short year to year employment contracts based on the duration of their current work passes. No migrant worker agree to come to work in a foreign country for just 1 year.]

Why we do not want short-term contracts?

- because it is UNJUST to workers, and even employers

- A worker is a human being with families/dependents - and as employment security is essential - when a worker gets employed, it is a factor that affects many personal/family decisions - i.e. where should he stay or settle down? (usually close to where he/she works), Should he rent a house or buy a family home?, Where should his/her spouse find employment?, Where should he sent his children to school?, Which temple/surau/church community should he/she join? Should he buy a car/motorbike? .....With a short-term contract for 1 year, months before the end of the contract period, there will be a lot of stress...and mental anguish - will he still be employed and be earning wages at the end of the contract period? Of course, for the employer, it is beneficial because a worker WORRIED about his employment future would more easily be oppressed - and will be compliant/submissive in the face of persecution...If he/she loses the employment, it would cause great difficulties for the worker and the family for the next employment maybe in some other town and state.... and loans all need to be paid every month...

- For the employer, there is no more PROBATION - and they are bound by their agreement to keep the said worker for the full duration of the contract period. With probation, the employer (and also worker) have a 'trial period' to determine suitability of the worker - which if found to be suitable will be converted to a permanent employment relationship until retirement age...

- Current laws of retrenchment and lay-off - do not cover short-term contracts at all - so an early termination of a short-term contract should result in having to pay the worker possibly normal monthly wages for remaining contractual period. (The present retrenchment lay-off benefits entitlement does not arise until after the worker has worked for a period of 12 months, and our current Malaysian government has failed to make clear laws to deal with this early termination of workers by reason of economic slow-down/closure of business when it comes to workers on fixed short-term contracts..)

- WOMEN will be discriminated - because if they are pregnant (even 1-2 months pregnant), no employer is logically going to employ them on a short-term employment contract. Why? To avoid maternity leave and maternity benefits, and all the other special treatment/leave that usually is a right to women as pregnancy advances. Those even on a contract, when it ends - will find that they will NOT be offered any new contract...

- Workers who maybe disabled partly, even by reason of some occupational related accident at that very same workplace, may find that employers will just let them off without offering them any new contracts..

- Now, even if the work is still there and workers are needed to do the work, most Employers to avoid the rise of the presumption of  a permanent employment relationship will just not RE-NEW contracts but just choose to get some other NEW workers... This is so WRONG - again good Malaysian government has not made any laws to prevent this and protect workers..

WHAT THEN IS THE USE OF TALKING ABOUT INCREASING RETIREMENT AGE, MATERNITY RIGHTS AND BENEFITS, ETC... WHEN THERE IS NO RIGHT FOR PERMANENT EMPLOYMENT FOR WORKERS IN MALAYSIA. YES - ABOLISH SHORT-TERM CONTRACTS & RESTORE PERMANENT EMPLOYMENT AS A GUARANTEED RIGHT FOR THE GOOD AND WELFARE OF WORKERS AND THEIR FAMILIES IN MALAYSIA. 

CUEPACS LEADS THE WAY ....MTUC MUST ALSO COME OUT AND DEMAND THIS FUNDAMENTAL RIGHT FOR ALL MALAYSIAN WORKERS...

CUEPACS Wants Contract Employees Be Absorbed To Permanent Posts

TEMERLOH, June 19 (Bernama) -- The Congress of Unions of Employees in the Public and Civil Service (CUEPACS) is hoping the government could absorb the 60,000 contract staff in the public service to permanent and pensionable posts.

Its deputy president, Azih Muda, believed that the move, besides, ensuring their future benefits, would also help to further improve the quality of the public service.

"The role of the contract staff should be appreciated as they also help in realising the government's development agenda and country's growth," he told reporters after calling on the Temerloh Municipal Council (MPT) president, Datuk Tariff Abdul Rahman, here today.

Azih said the congress also supported the suggestion by Domestic Trade, Cooperatives and Consumerism Minister Datuk Seri Ismail Sabri Yaakob recently for contract workers to be recruited through the economic stimulus package and be absorbed into permanent posts.

-- BERNAMA - 19/6/2012, CUEPACS Wants Contract Employees Be Absorbed To Permanent Posts