Syed Hamid's responsibility, now biggest embarassment for Malaysia

Our attention have been focussed on matters Anwar-Najib-Altantuya-Saiful-Balasubramaniam- Sodomy-Murder... and many missed the happening of a VERY EMBARASSING nature here in Malaysia - in the Immigration Department that comes under Home Minister Syed Hamid Albar.

A Director General was arrested, remanded by the Anti-Corruption Agency, and so was the Deputy D-G on 11 and 12 July 2008.

Yes, we are talking about Datuk Abdul Wahid Md Don and his deputy, Yusof Abu Bakar - and this is national DG - not some state DG.

Wahid and Yusof were arrested on July 11 and 12.
Both have been released on bail and have been transferred to the Public Service Department.

Wahid was alleged to have received money in exchange for issuing work visas to foreigners while Yusof had allegedly received payments to approve extended passes for tourists who had overstayed.

They were among at least a dozen people detained in both cases. - New Straits Times, 20/7/2008 - 'New D-G for Immigration.'

Embarrassing because we are not talking about some petty immigration officers here and there at the bottom rungs - but the Big Boss Man No. 1 and No. 2 of the Malaysian Immigration Department, which comes under the Home Ministry - but the Minister seem to be preoccupied with the DNA issues in the Anwar case.

And, finally they have taken steps to appoint the replacements - but alas, it would have been much better if they had picked persons from the Education, Agriculture, Health, Income Tax, etc, some other departments - but certainly not the Immigration Department itself, when investigations still going on(the new No. 2 come from here), and most certainly not from Najib's Ministry of Defence, where there have also been allegations of corruption - Altantuya, submarine, etc..

Datuk Mahmood Adam has been appointed Immigration Department director-general, replacing Datuk Abdul Wahid Md Don who has been transferred pending investigations into alleged corruption. Mahmood was deputy Defence Ministry secretary-general (management). His appointment takes effect tomorrow.

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

Mohd Sidek also announced that the department's director of the Foreign Workers' Division, Abdul Rahman Othman, would be Mahmood's deputy, replacing Yusof Abu Bakar, who is also being probed by the Anti-Corruption Agency (ACA).- New Straits Times, 20/7/2008 - 'New D-G for Immigration.'

The Immigration department's director of the Foreign Workers' Division, Abdul Rahman Othman, should not have been appointed - at least not until all investigations are complete. Did he not know what was going around him all this time? Did he consent to acts of corruption by being silent and playing ignorant ('buat tak tahu')? Come...come now, surely there are other candidates that could be appointed..

So, with this appointment, does it mean that the Datuk Abdul Wahid Md Don and Yusof Abu Bakar will not get back their position even if the investigation shows that allegations/suspicions against them are baseless.

If, however the allegations against them are NOT baseless, then they must be charged and tried in an open court -- do not resort to using the ISA or some other law allowing detention without trial on them.

This is not the first time that Immigration officers have been arrested, but in most (if not all) of those previous cases, the ISA was used....and that is just so wrong. The talk is that the ISA was used because bigger fish were involved -- and if it is done again, the big fish immediately above the DG is Syed Hamid Akbar...and then the PM and the DPM. There has already been hints of "national security" - so it will not surprise me if again all is swept under the carpet using the ISA.

Charge them fast - and get the trial moving very fast (just like the Altantuya case, and the earlier Anwar cases) because this is a very serious matter, which is so shameful to all Malaysians, when the DG is involved...

UMNO Branch unanimously do not want Abdullah as UMNO President...

Well...well, what do you know UMNO branches (and later Divisions) may not be just following 'orders' from the PM, DPM or their High Council when it comes to choosing the future leaders of UMNO..

Bernama - Saturday, July 19

PEKAN, July 18 (Bernama) -- The Kampung Ubai Umno branch in the Pekan division last night passed a motion proposing Umno deputy president Datuk Seri Najib Tun Razak for the post of president in the party election in December. meeting which ended late last night and attended by 42 of the 123 branch members.

The Kampung Ubai branch was the first branch to meet in Pahang and also the first to nominate Najib, who is the Pekan Umno division head and Member of Parliament, to contest the post of Umno president...." - Yahoo Malaysia News, 19/7/2008 - KAMPUNG UBAI BRANCH NOMINATES NAJIB FOR UMNO PRESIDENTCY

If this is indicative of other up-coming UMNO branch and division meetings, then after almost 20 years without elections for the top 2 positions in UMNO, we will be having elections in 2008....and the members themselves shall be choosing their President and their Deputy President. There will be no handing over of the reign by "King" Abdullah Ahmad Badawi to his chosen successor...

Democracy not "feudalistic" practices - that is what members of UMNO seem to want for UMNO 2008 and onwards -- but we shall see, if this be the case in the coming weeks and months...

Disappointing was it when Abdullah Ahmad Badawi, Najib Razak and the Supreme Council did not do the needful to remove that draconian requirement of such a large number of Division Nominations before one can contest for the top post/s in UMNO (something that came into being during the reign of Mahathir after 1987..)...

I had expected the PM to have spear-headed a move to remove these obstacles to a greater democracy within UMNO, where the right of choosing leaders will really revert back to the hands of members...

But then over the years Malaysians have come to know this man Abdullah for what he is - a person of of talk but little (or no) action.

And even, when he does act... it actually brings about greater sufferings to the masses, as what happened in the recent increasing of fuel prices...

Interesting also that this happens in a branch within the division that Najib Razak belongs - Could this be indicative that Najib has no real intention of waiting 2 years but maybe wants to try for the Presidency now in 2008...

Some may say that what happened to Anwar, Raja Petra, etc just before the advent of UMNO branch elections ... was a flexing of muscles by Abdullah Ahmad Badawi reminding people (UMNO members especially) of who is the BOSS-man, and who should be again nominated to be the BOSS-man. Was it so? If yes, then it obviously seem to have not worked with the KAMPUNG UBAI UMNO BRANCH. They clearly do not want Abdullah Ahmad Badawi to be the leader of UMNO anymore - and it was unanimous...

PM, are you involved in the Anwar investiagations?

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

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

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

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

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

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

MCPX

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A commotion occurred during the Dewan Rakyat sitting today when Khairy Jamaluddin (BN-Rembau) asked Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim to give his DNA sample to the police to assist in the investigation into the allegation of sodomy against him. “We can’t force anyone to give their DNA sample (but) if he (Anwar) is not afraid of the truth, I hope he (Anwar) will be present (at the Kuala Lumpur Police Headquarters), and if he dares, give the DNA sample to test whether the police report was correct or wrong. - New Straits Times Online, 16/7/2008 -Commotion in Dewan Rakyat when Khairy asks Anwar to give DNA sample

Mr Syed Hamid criticised Mr Anwar for not giving a blood sample, saying that if he was interested in determining the truth, "simply give the DNA and let the experts read the DNA". - new.com.au, 17/7/2008, -It's a vendetta, says Anwar

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

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

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

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

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

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

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

Awarded RM10,000-00 because could not use ATM card..

Very seldom do we hear of the little man being triumphant over them BIG people/Institutions/Corporations/Banks... Hence, reading this news report was rather refreshing...

A businessman who could not use his ATM card to withdraw RM300 to treat his friends to dinner in Kuala Lumpur six years ago was awarded RM10,000 damages by a magistrate's court here.

Magistrate M. Rajalingam awarded Lambert B. Samson, 83, the sum for the inconvenience, mental distress, and embarrassment he suffered.

Rajalingam also ordered CIMB Bank Berhad, formerly known as Southern Bank Berhad, to pay Samson 8% interest per annum on the damages from the date of judgment and costs. - Star Online, 17/7/2008 - Man wins RM10,000 for distress at not being able to withdraw from ATM

Them banks usually have something there in their small-print, very-difficult to read agreements that allows them to escape liability most of the time.

Of course, they also have the money to hire lawyers, make all kinds of applications, appeal and appeal - which makes it very very difficult for the ordinary person to be able to sustain any legal battle.

Legal costs, technical issues, etc.... and not merits many a time result in Banks and big companies winning over the small person..

When you opened your account, were you given the FULL agreement to read before you signed it. Most of the times, even when I ask for an agreement, they say the ran out of copies, etc... . Many a time, one only signs under the statement that I have read and agree to the Agreement - without really being given that FULL Agreement..

And, even if they give you an agreement, it is so lengthy, so blur, in so small a print,... and the pressure from the next customer (and the bank officer for you to sign it now or get another number....) ends up with persons signing these agreements without ever really reading and/or understanding them.

The duplicate of the "agreement" that you sign is in them coloured papers that makes it so very difficult to read - and also difficult to photostat (or to make enlarged copies).

And even if you were to read it, it is really difficult understanding all that legal mumbo jumbo etc... Even, I, a lawyer, find it difficult to really understand it fully...

The bank's defence was based on a Terms and Conditions agreement apparently signed by Samson while receiving the said Autokad on Nov 18, 2000.

The bank said three clauses in the documents stated among others that it would not be responsible or liable if the card was not honoured or accepted for use.

Oh yes, if you look hard at many of these agreements, you will find that at the end of the day there will be these clauses to say that the banks will not be liable for this and that....and even in some agreements, where they are found to be liable, banks limits their 'pay-outs' by putting an unreasonable figure. Not just banks do this -- other big boys also do this...

BANK NEGARA? -- Well, they know about this, and so does the government -- but sadly, I believe that too little is being done in favour of the little man - the consumer....

There should be simple, easy to understand agreements which is fair and just (the government, consumer bodies and the State should be responsible to ensure this 'fair and just' part).

There definitely should not be any of these "it would not be responsible or liable if the card was not honoured or accepted for use" clauses, save for something that is beyond anyone's control -- i.e. an Act of God.

In the Penang case, the court said that the agreement should be explained - not enough, I say

Rajalingam held that the first nail was hammered into the defendant's case when it failed to call the bank officer to testify whether she had explained the terms and conditions of the agreement before Samson agreed to sign up for the Autokad in 2000."

Going to court for a remedy is alright - BUT really, there must be other easier and cheaper means for people to obtain a remedy...

Anyway, this good news of the success of a small person over a BIG company need to be celebrated...

Just hope that this Bank do not prolong matters, by appealing to the High Court.....and so on so forth.... leave it at this.

Where are the consumer groups in Malaysia? Where is that Federation of Malaysian Consumer Association (FOMCA)? Should they not be there struggling for greater consumer rights...or have they also deviated from their primary objects - concerned now about them 'bigger' issues and not these small little consumer matters...

Are you a member of a consumer body? Do you have a consumer body in your area - if no, then get some people together and go form one... We need such consumer groups to be fighting for our rights...

Why Raja Petra charged? Because if the state wants to it can...

Some people are asking why Raja Petra Kamaruddin with criminal defamation?

Malaysia Today editor Raja Petra Kamarudin, 58, was arrested today and charged for defaming Deputy Prime Minister Najib Razak's wife, Rosmah Mansor, and two others.

MCPX

He was charged with criminal defamation under Section 500 of the Penal Code at the Kuala Lumpur Magistrate's Court...According to Section 500 of the Penal Code, “whoever defames another shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both”... - Malaysiakini, 17/7/2008, Raja Petra arrested, charged in court

And 2 months ago, he was charged for sedition...

Two months ago when Raja Petra was charged with sedition for publishing an allegedly seditious article entitled ‘Let’s send the Altantuya murderers to hell’ in his Malaysia Today website, he refused to post bail... - Malaysiakini, 17/7/2008, Raja Petra arrested, charged in court

Let us also remember also Lim Guan Eng and others who have been charged for Sedition, etc..,

Lim Guan Eng On August 25, 1998 outspoken opposition parliamentarian Lim Guan Eng was jailed after he lost an appeal before the Federal Court. The Court upheld his sentence of two concurrent eighteen-month prison terms for sedition and malicious publishing of false news in connection with statements he made and published in 1995 accusing the Malaysia's Attorney General of mishandling allegations of statutory rape of a schoolgirl made against the Chief Minister of Malacca (Rahim Thamby Chik) . Because of his conviction, Lim Guan Eng was disqualified from being a member of parliament or holding elective office, was prohibited from holding any position in a political party for five years, and was barred from pursuing his profession as an accountant. He was released in 1999 after serving one year of his eighteen-month sentence.

LESSON TO BE LEARNED: Dangerous to make allegations against people in power - but then all of us have an inherent duty to uphold the cause of justice, truth and human rights without fear or favour. Of course there is, and always will be, risks BUT we have no choice but to do what is right.

Judge Ian Chin, a brave man indeed in the Malaysian context, to have brought allegations about "boot camps" and all - and rightly so he has been criticized for bringing it out so long after what had happened - after there has been a change of Prime Minister, and several Chief Justices. But, then Ian Chin is a HERO and should be applauded for there are just too many who would choose to remain silent until death after seeing and knowing wrongs - living by that warped "best not rock the boat" philosophy.

I, am of the opinion, that in the case of Raja Petra - the persons allegedly defamed should have just pursued a civil defamation suit on their own, if they wanted to - the State should not get involved.

I do not see why the Attorney General and the Police should go charge him for Criminal Defamation now, or Sedition earlier...

I do not believe that Najib and/or Rosmah and/or any of the other persons mention have commenced any defamation suit against the Raja Petra. I believe that Najib and Rosmah have come out and made public denials of the allegation, and left it at that. I did not read of Najib or Rosmah making any police report against Raja Petra. Or was there a police report made..??

Back to the question as to why Raja Petra was charged....the State's answer would be that he broke the law...and that would be right. But, at the end of the day, a person is charged or not depends very much whether the State wants to charge you or not...

If the State wanted, the people who assembled outside the IPK Kuala Lumpur could have been arrested for illegal assembly and charged...or not charged..., I rest my case..

NOTES:-

Then, we have also Marina Yusoff Marina Yusoff, former vice president of the National Justice Party (Parti Keadilan Nasional), was arrested on January 12, 2000, for "provoking racial discord" in violation of Sedition Act s. 4(1)b.

Zulkifli Sulong and Chia Lim Thye Zulkifli Sulong, editor of the opposition newspaper Harakah, and Chia Lim Thye, who holds the permit for Harakah's printing company, were charged under the Sedition Act in January 2000 for an article relating to the Anwar sodomy trial which alleged that there was a government conspiracy against Anwar.

** As source, I refered to Human Rights Watch website

Once they called for ELECTIONS - but now angry cause their people not appointed to Local Councils..sad

What has happened to the call for Local Council elections....

Now, what is happening is disappointment being expressed about who did and did not get appointed, and racial quotas, etc..

The recent protest, as reported in Star, comes from the Parti Sosialis Malaysia (PSM) and their complain is that none of the people their MP in Sungai Siput wanted has been chosen to be in the local council .... how sad is this..

I expected more from PSM - I expected that they would have still be in the forefront calling for Local Council Elections... (But alas that struggle has been compromised when several leaders in the party accepted appointment in the Local Councils in Selangor...)

Perak's 338 local councillors are scheduled to be sworn in Friday but protests and dissatisfaction over the list of appointments seem unending.

The latest to express their disappointment are Parti Sosialis Malaysia (PSM) members from Sungai Siput.

Sungai Siput PSM branch secretary M. Sukumaran handed over a memorandum on the matter to Perak Local Government, Housing and Public Transport Committee chairman Nga Kor Ming.

Sukumaran said Sungai Siput MP Dr D. Jeyakumar had sent a letter recommending four people to be councillors for the Kuala Kangsar Municipal Council. - Star, 17/7/2008, PSM upset over local council appointments

And sadly, their argument is that since Selangor appointed 3 PSM leaders, why Perak should also not do likewise...?

If Selangor could select three PSM leaders for councillor posts, there was no reason why the Pakatan Rakyat government in Perak should marginalise the party here, he said.- Star, 17/7/2008, PSM upset over local council appointments

When Barisan Nasional ruled, it appointed members of its coalition parties into the local council. At that time the Opposition parties and civil society groups was out there calling for Local Council Elections..

And now, when Pakatan Rakyat rules, it is ALSO appointing members of its coalition parties into the local councils. The others are chosen by the government of the day - not the People.

Of course, the once Opposition political parties, now in government in 5 states, are no longer calling for Local Council Elections..

Sadly, civil society too had sold out when many of their leaders/personalities did accept appointment as Local Councilors. There is no more that strong demand for Local Council Elections...

Now, this call and campaign for Local Council Elections must be taken over by the People, and Civil Society Organizations (where non of their leaders are currently sitting in Local Councils).

I call on all those civil society personalities who have accepted appointment to re-consider and resign, and let us all again push at least for Local Council elections in the states being governed by the Pakatan Rakyat. There should also be elections at all levels - kampung, taman, .... We must empower the people - and get them more and more involved in at least local government at every levels..

Spending the night on a "cold cement floor" must end..

They could have released Anwar last night but they did not.... Today, Anwar was seen leaving at 9.45am. The question that I have is whether he was subjected to any further questioning or investigation this morning? If he was not, then the actions of the police of detaining him overnight was wrong - and motivated by bad intentions. Why torture him by forcing him to spend a night on the cold floor of the lock-ups? Maybe, they did not want to disturb the officer in charge who was already home - off-duty, asleep....mmm

"...PKR de facto leader Anwar Ibrahim has been freed on police bail this morning. He was seen leaving with his family and lawyers in a car at 9.45am..." - Malaysiakini, 17/7/2008 - Anwar freed on police bail.

MCPX

The police do have the power and the authority to detain an arrested person for up to 24 hours, and thereafter for further periods based on the Magistrate's order.

And the reason for any detention (and/or extended periods of detention) is because "....the investigation cannot be completed..." AND "...there are grounds for believing that the accusation or information is well founded..." (see earlier posting - "Anwar overnight detention...")

Now, the fact is that investigation can be carried out with or without arresting and detaining the suspect or the witness -- Therefore, the purpose of further detention must be confined only to that investigation that requires the suspect/witness to be further detained - noting of course, the availability of the police bail option and also the section 111 Criminal Procedure Code option that can compel, order or even arrest and bring in (if need be).

A person like Anwar now, is merely a suspect (or a witness) and he is not even an ACCUSED person (Si-dituduh)...or a convicted person (yang telah disabitkan..) - and the law is that a person is presumed innocent until PROVEN guilty.

Proven meaning proven in a court of law in a fair and open trial by an independent judge. It is only when he is convicted that he is GUILTY.

HAVE YOU BEEN TO THE POLICE LOCK-UPS IN MALAYSIA?

It is akin a chicken coop with Bars - and the floor. There are NO beds, or even mattresses. If there is a toilet in the lock-up, it is just a hole for one to squat and do your business, with no covering...and certainly no running water to clean thereafter. Lock-ups are usually crowded with many a time no space for walking when all detainees are asleep...

The conditions of PRISON (where one goes after being convicted), and REMAND PRISONS (where those who cannot afford bail or do not get bail, stay and wait until their trial begins and ends) are far better than the conditions of the POLICE LOCK-UPS.

85 deaths recorded in police lock-ups during the 2003-2007 period, this was what the Deputy Home Minister revealed to Parliament on 8/7/2008.

And, in in February 2005,Prime Minister Abdullah Ahmad Badawi revealed that "...from 1990 till September last year[2004]...150 detainees died in police lock-ups or custody"

There must be REFORMS - and the bad conditions of the police lock-up must be improved and made better. Remember, that those being detained are there to assist in police investigations - they have not even been charged...surely not convicted. Bad conditions in lock-up ends up with persons being "TORTURED" - and this is not at all right.

Severe back pain

Soon after the release, Sivarasa said Anwar had complained of back pain after spending the night on a "cold cement floor" last night.

"He was lying on a slab of cement the whole of last night in a cell and he needs emergency medical treatment," Sankara told AFP, adding that he required an injection to control the pain. - Malaysiakini, 17/7/2008 - Anwar freed on police bail

Anwar knows what it is like. Many other Human Rights Defenders know about the condition in police lock-ups -- and I call on Anwar and the Pakatan Rakyat to make this a PRIORITY issue - i.e. that the conditions of Police Lock-Ups be improved.

Also, Anwar, the Pakatan Rakyat and all concerned about 'Reformasi" or justice must call for reforms in the law...

No one should be subjected to the kind of treatment that Anwar had to go through (and in fact most others suffer even more...) from the point of arrest...

I call on Anwar and the Pakatan Rakyat to make this a PRIORITY issue - the reform of the Criminal Justice System in Malaysia.

In Hong Kong, those arrested are detained in a separate detention center during the remand period - not anymore in these police lock-ups. These detention facilities are definitely so much better than the police lock-ups. When needed for police investigation, the detainees are brought from these detention centres... - it is time we had such facilities in Malaysia - and then no more will people end up with back-pains because they were force to spend the night lying on cold cement floors...

In fact PM, DPM, Khairy and all MPs should spend a night in the police lock-ups and I am sure, that the following day there will be an emergency motion calling for this much-delayed improvement on lock-up conditions...

Anwar overnight detention not necessary - Police Bail option should have been used.

A person arrested can be released on police bail, with the condition that he returns the following morning (or some other time the police can fix) for the purpose of continuing with the investigations.

Even if the person arrested is to be charged in court the following day, he can be released on police bail now requiring him to be present in court whatever time required.

Police Bail is not given when a person is a flight-risk - i.e. he will run and disappear.

I do not believe that Anwar is such a person who will not turn up for continued investigation at the police station, or at court to be charged...

BUT then the police may argue that he may run off to the Turkish embassy, etc...again (sad...but they may have a point there...)

But then the police may argue that he will not turn up in the police station as he did the 1st time he was supposed to go to the police station... (again they may have a point there...)

Anyway, the law provides that the police can only detain him for less than 24 hours - any further detention would require an order of the Magistrate..
[Note they do not have to take him to the Magistrate's court - they can always bring the Magistrate to the police station..]

BREACH of the law by the police -- when they did not stop investigation at 6.30pm. The Lock-Up Rules are very clear - i.e. from 6.30pm until 6.30am, the arrested is to be in his lock-up - not being continuously subject to interrogations or other investigations...

Maybe, earlier there may have been some indication that Anwar shall be released today after the investigations -- and that maybe was the reason why he went along despite a violation of his rights...

MCPX

"PKR de facto leader Anwar Ibrahim will be spending the night in police custody. However, it could be not be ascertained whether he would be held at the Kuala Lumpur police headquarters or a different location.

"They are keeping him tonight. Their excuse is they need to take further statements," said lawyer Sankara Nair.

"They are not giving him bail, I have no idea how much longer he will be detained," he told reporters, adding that he was unsure if he would remain at the police headquarters where Anwar was undergoing questioning...." - Malaysiakini, 16/7/2008 -PKR supremo detained overnight

MCPX

Before the lapse of 24 hours, if the police want to further detain Anwar, they will have to go to the Magistrate and get a remand order.

Today, the law(the Criminal Procedure Code) has changed and no more is there the risk of getting a remand order for 14 days -- now, in this case of Anwar, where it is with regard an offence where the sentence is more than 14 years, the police can get a remand order of "not be more than seven days" on their 1st application.

117. Procedure where investigation cannot be completed within twenty-four hours.

(1) Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 28 and there are grounds for believing that the accusation or information is well founded the police officer making the investigation shall immediately transmit to a Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case and shall at the same time produce the accused before the Magistrate.

(2) The Magistrate before whom an accused person is produced under this section may, whether he has or has no jurisdiction to try the case, authorize the detention of the accused in such custody as follows:

(a) if the offence which is being investigated is punishable with imprisonment of less than fourteen years, the detention shall not be more than four days on the first application and shall not be more than three days on the second application; or

(b) if the offence which is being investigated is punishable with death or imprisonment of fourteen years or more, the detention shall not be more than seven days on the first application and shall not be more than seven days on the second application.

[Subs. Act A1274]

(3) The officer making the investigation shall state in the copy of the entries in the diary referred to in subsection (1), any period of detention of the accused immediately prior to the application, whether or not such detention relates to the application.

[Ins. Act A1274]

(4) The Magistrate, in deciding the period of detention of the accused person, shall take into consideration any detention period immediately prior to the application, whether or not such detention relates to the application.

[Ins. Act A1274]

(5) The Magistrate in deciding the period of detention of the accused shall allow representations to be made either by the accused himself or through a counsel of his choice.

[Ins. Act A1274]

(6) If the Magistrate has no jurisdiction to try the case and considers further detention unnecessary he may order the accused person to be produced before a Magistrate having such jurisdiction or, if the case is triable only by the High Court, before himself or another Magistrate having jurisdiction with a view to transmission for trial by the High Court.

[Ins. Act A1274]

[Am. Act A1132 - Prior text read - "The Magistrate before whom an accused person is produced under this section may, whether he has or has not jurisdiction to try the case, from time to time authorise the detention of the accused in such custody as the Magistrate thinks fit for a term not exceeding fifteen days in the whole. If he has no jurisdiction to try the case and considers further detention unnecessary he may order the accused person to be produced before a Magistrate having such jurisdiction or, if the case is triable only by the High Court, before himself or another Magistrate having jurisdiction with a view to committal for trial by the High Court."]

(7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.

[Am. Act A324; Am. Act A1274]

Anwar should be placed in a police lock-up just like anybody else - there must be no Discrimination.

Anwar must be returned to lock-up by 6.30pm or RELEASED..

Apparently, Anwar may be taken to the hospital (this is what I heard)...but the WHY remains the mystery.

Are they taking him to get some DNA samples, or to do some medical check-up connected with their investigation?

OR are they going to give him the "special treatment", by detaining him in the hospital rather than in a police lock-up? Remember Eric Chia...

OR, is Anwar not feeling well?

It is interesting that the Bernama News uses the word "picked-up" rather than the more correct word "arrested" - So what are they going to say later - that they merely gave him a lift to the police station to make sure he arrived by 2 pm to assist in the police investigation??? And we also have that Deputy Home Minister Datuk Wan Farid Wan Salleh saying,

“According to the information I received, he went voluntarily to the police car without any incident and that under police custody, he has given his full cooperation,” he said. - Star Online

Deputy Home Minister Datuk Wan Farid Wan Salleh said that Anwar was arrested because he would not have made it in time.....blah..blah..blah

PKR de facto leader Datuk Seri Anwar Ibrahim would not have been able to turn up for his scheduled appointment at the city police headquarters on time.

Deputy Home Minister Datuk Wan Farid Wan Salleh said Anwar was supposed to have gone straight to the police headquarters here after his interview at the Anti Corruption Agency in Putrajaya.

“Instead, he was on his way home. He couldn’t possibly have made it on time.

“The police were just executing a warrant of arrest against Anwar,” he told reporters in the Parliament lobby on Wednesday...." - Star Online, 16/7/2008 -'Anwar wouldn’t have made 2pm deadline'

The question that we must all be asking was why did the police arrest Anwar, who already was going to to go the the police. Anwar was allegedly arrested at 12.55 at Bukit Segambut, Kuala Lumpur....and it is really not that far away from the IPK for Anwar not to be able to make it by 2.00pm. Some Deputy Ministers and Ministers should really refrain from talking to the press if they have nothing intelligent to say...

But really WHY? WHY? WHY? did the arrest Anwar in this manner - reminding all about the arrest of 1998 - maybe hoping that anger be re-kindled, fires of 'reformasi' be re-kindled....that things may 'explode'.... this is something that we will consider later...

The law provides that a person arrested can be detained for up to 24 hours - and if further detention is required, the police must within 24 hours make the necessary application for remand.

I sincerely hope that Anwar be released this evening....without unnecessary delay...

Even if he is to be charged in court tomorrow, release him on police bail requiring his attendance in court tomorrow...

Even if his presence is still required for further investigation - the police can release him on police bail requiring him to return the following morning for continued investigations...

The Lock-Up Rules provide that the detainee has to be returned to the lock-up by 6.30pm and he will be there until 6.30am the following morning - resting. This means that whatever investigation rightly cannot proceed beyond 6.30pm.

So time is running out for the police - they have to decide NOW what they are going to do with the arrested Anwar...

Anwar face covered by cloth - police wearing balaclavas - and the Pajero again..

Why was Anwar's face covered with a cloth, and the arresting policeman were in balaclavas?. This was what was reported in NST

His car had been stopped at a junction as he was coming back from the Anti-Corruption Agency headquarters in Putrajaya, where he was questioned regarding his report against Inspector-General of Police Tan Sri Musa Hassan and Attorney-General Tan Sri Abdul Gani Patail for allegedly falsifying evidence in the investigation into the infamous “black eye” incident.

He was taken into a police Mitsubishi Pajero where he was seen with his face covered with a cloth and flanked by two policemen in balaclavas. - New Straits Times, 16/7/2008 -Anwar brought to city police HQ (Updated 1:35pm)