My CONTACT :

Damian S. L. Yeo & L. C. Goh (DSLY)
No. 2007, Lorong Sidang Omar, off Jalan Penghulu Abbas, Bukit Baru, Hang Tuah Jaya, 75100 Melaka

Tel : 06-2347011
& 06-2347012
Fax: 06-2347022

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Friday, December 4, 2009

Quality of a Leader

That is what I call a true leader. Knowing a mistake and quick to tender an apology. Not like some.


Kit Siang apologises for ‘doormat’ incident

By TEH ENG HOCK


PETALING JAYA:
DAP veteran leader Lim Kit Siang has apologised over the “doormat” incident, where party members walked on a large poster of Hee Yit Foong, Mohd Osman Jailu and Jamaluddin Mohd Radzi during a DAP Perak convention on Monday.

The three were Pakatan Rakyat assemblymen who left the coalition to become Barisan Nasional-friendly independents, causing the Perak state government to fall.

“I was taken by surprise when confronted with the doormat and tried to avoid stepping on the three pictures but not completely with success.

“I fully share the apology made by the DAP leadership over the incident,” he said Friday, adding that he had suggested during the convention for the Perak DAP leadership to tender a public apology over the incident.

He said in a statement that the incident was a lesson to all politicians to be particularly mindful about sensitivities of Malaysians in a plural society and the propensity of irresponsible politicians to turn a non-racial issue into a racial one.

“The DAP leadership has learnt from the mistake,” he said.

In a separate statement, DAP Perak chairman Datuk Ngeh Koo Ham claimed full responsibility for the incident but said national party leaders, including those from PKR and PAS, should not be blamed.

“DAP leaders including Lim Kit Siang, Penang Chief Minister Lim Guan Eng and the leaders of PKR and PAS who were invited to the convention are not to be blamed.

“As the doormat was placed across the entrance to the convention hall, all persons entering the hall will have to step on the doormat,” he said.

He added that it was unjust for Umno leaders to single out Kit Siang as the latter did not place the doormat.

Wednesday, August 26, 2009

MACC - Liar Liar Pant on Fire

SO what have you got to say, Mr. MACC

Ean Yong slams the MACC for shoddy investigation


By Neville Spykerman


SHAH ALAM, Aug 26 - Ean Yong Hian Wah today slammed the Malaysian Anti-Corruption Commission (MACC) for not doing their homework before making unsubstantiated graft claims at the Teoh Beng Hock inquest today

During a press conference today, Ean Yong gave reporters folders containing documents as well as before and after pictures of small projects carried out at his constituency which he claims proved the allegations raised by the MACC were unfounded.

The Selangor executive councillor said the documents and pictures are kept at the District Office.

The Selangor DAP chairman pointed out the MACC had raided the District Office and had seized all documents related to how he spent his state allocation for small projects at his Sri Kembangan Constituency.

According to him, the MACC had tendered in the coroner's court today four claims and quotation documents which were unsigned and not stamped, purportedly obtained from Teoh’s computer.

“I have never seen these documents before and they may have been drafts.”

Ean Yong said MACC senior enforcement officer Mohd Anuar Ismail had earlier testified that their investigations revealed the work was never carried out by the contractors involved.

The two claims are from Syarikat Aris and Fizami Construction while the quotations are from MKMN Enterprise and MA Bina Melor Enterprise.

“My lawyer Salim Basir had showed the same pictures, quotation and actual claims to Mohd Anuar during the inquest and he had admitted that he had never set eyes on the documents before.”

According to Ean Yong, upon being shown the evidence Mohd Anuar had to agree and admit to the coroner that the projects were actually completed.

“I want to ask MACC if they are really carrying out a serious, fair and professional investigation,” he said.

“Mohd Anuar, as the investigating officer, should have checked all the documents and pictures before making false allegations in the inquest.”

“This clearly shows that the MACC has a political agenda and are not only refusing to take responsibility for Teoh’s death but are attempting to tarnish the image of the DAP and Pakatan Rakyat.”

Sunday, August 16, 2009

MACC Diirector frustrated, SO AM I

The MACC Chief is frustrated. I don't blame him as I myself am frustrated.

I am frustrated because the MACC has chosen to be selective.

So what can now MACC do?

Simple. Just do your job according to the law.

So what is the law? And what are the offences?

Simple.

(1) Khir Toyo's mansion that runs to millions
(2) PKFZ that literally ran to billions
(3) Buah Pala's 3.5 Million land deal
(4) and the many many more.

Now compare that to
(1) the late Teoh Beng Hock's death due to the so-called RM2,000 plus for constituency usage
(2) Hannah Yeoh's RM10,000 for constituency use
(3) Ronnie's aide Wong's RM200,000.00 for constituency projects

Now if MACC wishes to be independent, than make sure the first (1) to (4) be thoroughly iinvestigated and charged those idiots that embazzeled rakyat's money. Don't be an idiot MACC. Because the Rakyat is frustrated,


Director: Suspend probes involving politics

By LOURDES CHARLES


KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) director of investigations has suggested that all investigations involving politics be suspended temporarily with immediate effect.

In a fit of frustration, Datuk Mohd Shukri Abdull said he felt that certain quarters were out to tarnish MACC’s image by making vicious and unfoun-ded allegations against the commission, especially against his officers.

“The very people who talk about wanting to fight corruption themselves are creating all the problems.

“Their action in barring their employees from assisting us or coming to the MACC office as well as announcing to the world their people are being investigated and highlighting them in the media is hampering our investigations,’’ he said.

Mohd Shukri claimed that whatever the MACC did was not right in the eyes of certain political parties who kept on accusing the MACC of conspiring with the Government or were being biased and selective in their investigation.

The latest trend of bringing in the media was very worrying as it put additional pressure on the witnesses or suspects, he said.

“When we arrest members from the ruling Government, including ministers, MPs, state assemblymen or businessmen, we don’t see them making a scene or creating a ruckus.”

His suggestion for a stop to all investigation on politically-related cases would mean that the probe on the Port Klang Free Zone controversy would be halted, too.

MACC deputy chief commissioner Datuk Abu Kassim Mohamed said he understood Mohd Shukri’s frustration.

He said investigating corruption cases required discreet and in-depth work and most importantly the cooperation of witnesses.

“We want to combat corruption and if law makers themselves start creating a scene and make unfounded allegations against us, including labelling us racists, then how are we to perform effectively?”

“Our job is to curb and combat corruption and we will continue to do so regardless of the allegations hurled against us.

“To me it is part and parcel of our daily job hazard and we will not let such allegations break or dampen our spirit as we have been entrusted to carry out our job professionally,” he added.

An MACC advisory panel member said it was working under intense pressure.

He said the MACC was under-staffed and under-equipped but overloaded with cases.

Saturday, July 25, 2009

Utusan Stupid Reporting

Bodoh tetap bodoh.

That is none other than stupid and idiotic reporting by UTUSAN, the UMNO bodoh punya surat khabar. Licked a** paper of the Barisan Nasional. I hope UTUSAN is reading this. Oops maybe they fail to understand England punya language, maybe should just translate it.

Kepada UTUSAN aka surat khabar UMNO,

Mengapakah kamu ni bebal sangat. Macam mana lah nak jadi surat khabar nasional sekiranya laporan tak tetap. Oh mungkin I dah lupa, sepatutnya laporan yang tak kena barulah lapor. Saya fikirlah lebih baik masuk sekolah baliklah supaya boleh menjadi lebih tanggungjawab. Oleh kerana laporan kamu, orang yang tak bersalah kena tangkap.

Bodohnya Utusan.

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Utusan error sends Teoh’s best man back to cops

Lip (right) speaks to reporters outside the district police headquarters. — Picture by Jack Ooi

By Neville Spykerman

SHAH ALAM, July 25 — A witness in the ongoing investigations into the death of Teoh Beng Hock was recalled by police to have his statement recorded over discrepancies in an Utusan Malaysia news report.

Woo Chuan Sing told the media last Thursday that he last spoke to Teoh on the morning of July 15, when the political secretary asked him over the telephone to be his best man for his wedding.

However a report in Utusan Malaysia quoted Woo as saying that he spoke to Teoh on July 16, the day he was found dead at Plaza Masalam.

Teoh"s body was found on a balcony at the fifth floor of the building at 1.30pm. He was questioned earlier by the Malaysian Anti-Corruption Commission (MACC) which is based there on the 14th floor.

The MACC maintains Teoh was only a witness who it had finished questioning at 3.45am.

Lawyer Lim Lip Eng, who accompanied Woo to the Shah Alam district police headquarters, told reporters the police could have clarified the point over the phone instead of making his client return.

“Police should have called in the reporter to clarify the issues since it’s the newspaper which misreported the facts,” the Segambut MP said.

According to the investigating officer, the police have completed 90 per cent of investigations into case, he added.

An inquest into Teoh’s death, which has been classified as sudden death, is scheduled to start on Wednesday.

A royal commission of inquiry is also being set up to probe MACC procedures and to determine if Teoh’s human rights were violated.

A Piece of S***

This blog, http://t4tbh.blogspot.com/ that purports to tell all about corruption in DAP Selangor and hiding under an anonymous blog is making me wanna puke. There is no sense of responsibility and accountability on what this blog is doing. I just don't know whether its real or just wanting to defame some Selangor EXCO members.

As such the Advocate is giving 24 hours from today (1.30pm 25th July 2009) to the anonymous blogger to reveal himself and lodge a proper complaint to the police or the MACC (hmmm can we trust the MACC now) against the EXCO concern for a full investigation or else what ever he post in his blog is nothing but malicious lies discreditting good people.

Thursday, July 9, 2009

Message from Hannah

You are not alone, Hannah. I am with you.

So many people have been telling me just how frustrated they are with the current political situation in our country. Some have told me that they regretted voting for change because of the political instability now and would prefer returning to their old style of voting - vote for stability and forget about having a stronger opposition and greater check and balance. I shudder at the thought of this!

One needs to remember the reason why we are seeing such great resistance for change is simply because there is much to lose for those who have been in power for so long. For decades there has been so much abuse of power, unchecked misuse of public funds and plain dirty corruption. With a stronger opposition now, they stand to lose their illegal sources of income and some may even be charged and sent to prison if they are found guilty.

With this in mind, they will fight at all costs to reclaim back power and to ensure they can continue to steal public funds from the people for their own enrichment. We are not just dealing with differences in politics; we are combating evil forces who will not rest till they secure back their powers and illegal sources of income.

Sometimes I feel equally frustrated and disillusioned about the political situation too. Sometimes I lie awake thinking of how to effect change in this land. Some days I cry while driving in between meetings thinking of what's left for the future generation in this land if we give up now.

I have endured much verbal attack from political enemies, accusation after accusation of me not doing anything for my constituents and etc. No one truly understands the resistance we face daily in discharging our duties except for my fellow PR assemblymen.

Robert Kennedy once said ‘*Progress is a nice word. But change is its motivator and change has its enemies.*’ Our enemies are resisting change but we must stand firm and continue to push for a competent, accountable and transparent government.

At the end of each day, as I lay myself to sleep, I ask God for strength, wisdom and protection to face the next. I look forward to the end of the term when I can tell the people of Subang Jaya that I have remained clean and have not stolen any of the taxpayers' funds.

As reminded by Raja Petra in his blog "*Please continue your struggle to make Malaysia a better place for our future generation. This country belongs to them and it is for them that we struggle.*" All hope is not lost. Come the next election, vote out the corrupt once and for all. Hang in there supporters and friends, the best is yet to come!

Tuesday, June 23, 2009

A Piece of Good to hear NEWS

AT least news like this make me smile.

He braved himself and thus rewarded.

Good job, my friend.

------

Brave cop gets his just reward - he is acting ASP now

By NG CHENG YEE


Ang Weai Leoong

PUTRAJAYA: Despite being shot twice, police officer Ang Weai Leoong refused medical aid until he had arrested members of an armed robbery syndicate.

And yesterday, for his courage and putting duty before self, the former Chief Inspector with the Kuala Lumpur special investigation unit was promoted to acting Assistant Superintendent by Inspector-General of Police Tan Sri Musa Hassan.

The 31-year-old father of two was shot twice in both his legs when leading six officers in a raid at a condominium in Sungai Long on Nov 5 last year to bust the Ah Tok Gang, a syndicate that specialised in robbing luxury cars in the Klang Valley.

“Even in such a critical situation, he was still able to stand up, with the will to continue his duty, to arrest two members of the gang,” Musa said at the award-presentation ceremony here yesterday.

Ang suffered from broken bones and was bleeding profusely and was taken for medical treatment at the Kajang Hospital, he added.

Musa said Ang and his team should be given due recognition for their sacrifice and commitment.

Ang, who is still on medical leave, said he was thankful and proud for the recognition. “Criminals these days are very different. They are willing to do anything to escape from the police,” he said.

“However, I will not give up but will continue to work hard to improve the image of the police force.”

Ang’s wife Lim Koon Teem, who accompanied him, said she knew about her husband’s occupation when they first met seven years ago.

“It is his love for the country that I admire.”

Recalling the morning when she first heard of Ang’s injury, Lim said: “I was very glad that it was him (Ang) and not any of his colleagues who called me up and told me about the injury.”

She said she was worried and sad after visiting her husband at the hospital.

“However, I did not dare shed tears in front of him because that would make him feel bad.

“I went to some corner of the hospital to cry,” she recalled, adding that she was very proud of her husband’s commitment.

Monday, June 15, 2009

English Joke -

No wonder our DPM and Education Minister in recent days stress the importance of learning English. He probbaly got this e-mail as well.

Joke of the day. Hope it will light up your day.

A few days ago, Prime Minister Mori was given some Basic English conversation training before he visits Washington and meets president Barack Obama...

The instructor told Mori Prime Minister, when you shake hand with President Obama, please say 'how r u'.
Then Mr. Obama should say, 'I am fine, and you?' Now, you should say 'me too'. Afterwards we, translators, will do the work for you.'

It looks quite simple, but the truth is...

When Mori met Obama , he mistakenly said 'who r u?' (Instead of 'How r u?'.)

Mr. Obama was a bit shocked but still managed to react with humor: 'Well, I'm Michelle's husband, ha-ha...'

Then Mori replied 'me too, ha-ha.. .'.

Then there was a long silence in the meeting room.

Thursday, June 11, 2009

Too Good To Be True....But all a BLUFF

The MB haram story : Below is too good to be true. 5 months as CEO of the Perak State government, BN led government was able to bring in investment of RM9 billion for Perak. Wow.

Perak BN govt announces whopping RM9bil investment

IPOH, June 10 The Perak Barisan Nasional government has delivered on its claim that the state’s investment climate was still robust with the announcement of an enormous RM9bil venture to be undertaken by a South American multinational corporation.

Mentri Besar Datuk Seri Dr Zambry Abd Kadir said today that the investment, which was to set up an iron ore distribution centre for Asia in Perak’s Manjung district, could possibly be one of the state’s largest to date.

“We have already reached the final stages of discussion and we estimate to sign the agreement by next week. We hope everything will go according to plan,” he said after meeting with the company’s representatives in his office here today.

Zambry said that the company was one of the world’s largest in the metal and mining industries and had a market capitalisation of more than RM100bil.

“They have chosen Perak because they say we are the gateway into Asia,” he said. “Furthermore, with our natural port, we have direct access to international waters.”

Zambry said that the RM9bil investment would be for the project’s first phase and the company would pump in a further RM5.6bil in the second and third phases.

“There will also be a total of at least 1,800 direct and indirect employment opportunities for our locals.

“Besides that, the company has also given its word that the project would have a positive spill-over effect for Perak with the creation of more downstream economic activities,” he said.

The centre, added Zambry, would be used to process imported iron ore into pellets before they are distribution across Asia.

“It will also be the company’s second largest such distribution centre after its base in South America,” he said.

A 1,300-acre site has already been earmarked for the project in Manjung, he added.

On the possible negative effects the project may have on the environment, Zambry said that both the state government and the company had taken note of that.

“The company is equally as concerned about environmental impact and has given its word that there would not be negative effects.

“In fact, the built-up size of the centre itself will only take up one third of the total acreage reserved for the project. The remaining land will be used as a buffer zone,” he said.

Meanwhile, Zambry hinted that this was not the last of the many foreign investments in the state.

“As I have mentioned before, I will be announcing them one by one. “There will be many more to come,” he said.

Recently, Zambry announced that the state had amassed some RM700mil in investments over the past three months.

He had also given his word that the BN government was investor-friendly and had promised the people that the current political instability in Perak had not negatively affected the state’s investment climate.


Now this is the truth.... What a shame. Lembu punya susu, sapi punya nama. What a stupid CEO


Zambry puts RM9 billion Vale deal at risk

By Leslie Lau
Consultant Editor

KUALA LUMPUR, June 11 – Datuk Seri Dr Zambry Kadir’s announcement yesterday of a whopping RM9 billion investment in Perak was premature and could jeopardise the deal with Brazil’s Vale, the world’s second largest mining company.

The Malaysian Insider understands the Vale’s management has not even received board approval. Perak DAP chairman Datuk Ngeh Koo Ham also slammed Zambry for what he described as a publicity stunt by the Barisan Nasional (BN) government.

Vale could also face censure from the New York Stock Exchange (NYSE) where the company is listed over the premature announcement, even though the Perak mentri besar did not name the company.

Zambry said yesterday that the investment, which was to set up an iron ore distribution centre for Asia in Perak’s Manjung district, could possibly be one of the state’s largest to date.

Sources told The Malaysian Insider that the company had been in talks with the Pakatan Rakyat (PR) state government for nearly a year before yesterday’s announcement by Zambry.

This was confirmed today by Ngeh, who was a senior executive councillor in Datuk Seri Nizar Jamaluddin’s PR administration, which is still locked in a battle in the courts over control of the state.

“It must be put on record that the said company was in negotiations with the Pakatan Rakyat Perak state government before the latter was immorally, illegally and unconstitutionally overthrown by BN.

“I hope the BN state government will not be continuing its policy of announcing many multi million or billion ringgit projects to paint a good picture of the government,” Ngeh said in a statement today.

Zambry also claimed yesterday that the talks with Vale were in the final stages and that an agreement was set to be signed next week.

However, The Malaysian Insider has learned that Vale has no plans yet for any definitive announcement.

Sources in New York also confirmed that the company had been originally in talks with Nizar and had only recently met Zambry.

It is understood that there are still a number of hurdles to sealing the deal, including land approval and other matters.

Ngeh, who had been a party to the earlier talks with Vale, also posed a number of questions for Zambry regarding the deal.

These include concerns over whether the land in Manjung had already been converted for industrial use from its current tourism use status, and whether an Environmental Impact Assessment (EIA) report had been completed.

There are also question marks as to whether an agreement for the acquisition of the 1,300 acres of land in question had been completed and whether the plot was state-owned or privately held.

“The Perak Pakatan Rakyat Government has a policy to announce the implementation of projects only if it has been finalised and ready to take off as we hold firmly to our principle that the people must not be misled.

“Many have lost money investing in lands surrounding projects announced by BN which did not materialise,” said Ngeh.

Sunday, June 7, 2009

NO Unity Government OR Unity talk with UMNO

This opinion is mine and mine alone. However this opinion is concluded upon after attending many dinners, luncheons and meetings with Church people, friends and relatives marriages and birthdays, business associate meetings and the like of it have nevertheless concluded that any Unity talks or forming a unity government with UMNO will be a regrettable decision by PAS.

Though I am in no position to advise PAS but any discussion whether politically or religiously or for the good of Malays in general will be the end of PAS especially so when PAS is now having good support of the Chinese and Indians in the recent by-elections. However if PAS so desire to discuss racial and religious unity with other organisations even if such organisation is UMNO-BN linked, then that is PAS absolute right as a political body.

PAS should not take the support of the non Muslim lightly. In fact PAS should have known that the non Malays voted PAS as their representative in Parliament or State Assembly is because the non Malays are just so fed up with UMNO-BN. MCA, Gerakan, MIC lost badly because of UMNO. The non Malays voted for PAS because they see PAS as corrupt free, a party that stresses on integrity and transparency. The non Malays voted for PAS because they believe in the Islamic value of fairness. The non Malays voted for PAS to replace UMNO. Not forming an alliance with UMNO.

As such if PAS make a political decision to form a pact with UMNO, then I must say it will also be the end of PAS in the 13th general election.

So I now hope that PAS should just forget about any unity talk or forming a Unity Government with UMNO for the sake and good of all Malaysians.

-------


No.2 says Tok Guru is not PAS

By Asrul Hadi Abdullah Sani

SHAH ALAM, June 7 – He may not be aware of the irony but when Nasharudin Mat Isa, deputy president of PAS, said Nik Aziz Nik’s views do not represent the party, it is akin to the Islamist party rejecting its soul as the Tok Guru is PAS spiritual leader.

Nasharudin was, of course, referring to Datuk Seri Nik Abdul Aziz Nik Mat’s speech at the muktamar last night, when he rubbished talk of a unity government.

“That is the opinion of Tok Guru, but in the organisation we take the party’s stance. Now there isn’t actually any concrete decision made by the party with regards Umno. The issue will be decided by the party,” he said.

Speaking at a ceramah held in conjunction with the party’s 55th muktamar (general assembly), Nik Aziz said those who speak of co-operation with Umno are apparently oblivious to the rivalry between these two arch-rivals throughout their existence.

Nasharudin added that PAS should not “shut the door” on having a dialogue with Umno even though Umno is PAS’s political enemy. He also continued defending the unity talks and said it was a necessity for the betterment of the nation.

“There are many current issues which need to be settled and answered. We think that being a major political organisation, we can contribute by trying to make an impact on the nation,” he added.

Nasharudin further defended the president’s engagement policy and stressed the importance of the party having an open attitude in order to remain relevant in the nation’s politics.

“We have an open attitude when it comes to holding discussions and we did not specify with whom. If MIC wants to discuss with us, we do not have any problem. If the problematic PPP wants to discuss and join Pakatan Rakyat then we welcome them to join,” he explained.

Nasharudin also confirmed that he is on good terms with defeated PAS deputy presidential contender Datuk Husam Musa.

“He was the vice president of the party for two years when I was the deputy and we have worked well together. There were committees that he headed and committees that I headed,” he said.

Nasharudin commented that it is up to him to recommend a position for Husam in the party’s central committee and that the party will meet on Wednesday to discuss this very issue.

Saturday, May 23, 2009

Come On LAH....

Outrageous, disgraceful, contemptible, shocking, disgusting, deplorable, unforgivable, unacceptable.

How could they do that?

Well if they are so efficient, why not arrest Khir Toyo for all the makan-duit activities.

---- from Malaysian Insider

Police raid DAP HQ, seize PC, DVDs



Ooi (in orange clothes) with DAP leaders during the police raid on the party headquarters. — Picture courtesy of DAP headquarters

UPDATE 2
By Shannon Teoh

PETALING JAYA, May 23 — Police raided the DAP national headquarters for the first time ever this evening, carting away a computer and 19 digital video discs (DVDs).

The search and seizure, made without a warrant, was in relation to leaflets found when arrests were made during a candle-light vigil two nights ago in Pandan Indah, Kuala Lumpur, calling for fresh polls in Perak.

It is the latest in a series of crackdowns on Pakatan Rakyat (PR) attempts to gain public support on the Perak crisis which includes repeated arrests and banning of videos of the chaotic May 7 Perak assembly sitting where Speaker V. Sivakumar was dumped.

"First time in the 42-year history of DAP, police raiding our HQ," DAP veteran leader Lim Kit Siang posted in his Twitter account.

Three unmarked cars arrived at the headquarters and 11 plainclothes officers entered the building on the quiet Jalan 20/9 residential area in Petaling Jaya at 6.25pm.

They had brought Ooi Leng Hang, a party worker and one of the detainees from that night, who gave them the password to unlock the digital lock on the front door.

The handcuffed Ooi, who is DAP Socialist Youth political education chief, then led the police to his workstation, where police began to detail the items on his desk to be taken away.

They include his computer, monitor, keyboard, mouse, earphones, external hard drives and DVDs including those related to the May 7 assembly and one labelled "Photos of Port Dickson Camp."

Treasurer Fong Kui Lun and vice-chairman Tan Kok Wai were the first DAP lawmakers to arrive at about 6.50pm followed by lawyers Gobind Singh Deo and Lim Lip Eng.

Gobind had asked the officer in charge if he had a warrant and what provision they were conducting the search under.

Ooi (second from right) looking at the list of seized items which he has to sign for, as (from left) Kamal, Gobind and Tan look on.

ASP Kamal Khan Mohd Sharif said he did not have a warrant and had to call his superior, a DSP Goh, before telling Gobind that the raid was done under Section 11 of the Printing Presses and Publications Act.

Gobind, DAP's legal affairs chief, allowed Ooi to sign a form detailing the list of items taken but later told reporters that the Act still requires a search warrant.

"He did not even know which provision. This shows that the police do not know what they are doing," the Puchong MP said, adding that he would lodge a report against the "trespass" and also write to the Selangor police chief on the matter.

National organising secretary Teresa Kok called the raid another "scare tactic" after several arrests made at vigils to quash dissent against what is perceived an undemocratic takeover of the Silver State.

"They arrested people just for wearing black and holding candles," the Selangor senior executive councillor said.

DAP Socialist Youth national secretary Loh Chee Heng condemned the raid, calling it "the latest despicable act by the police in their ongoing crackdown on the nation’s democracy."

"The police’s possible ludicrous move to charge Ooi, DAPSY deputy chairperson Jenice Lee and the other 14 DAPSY members and supporters under the 1984 Printing Presses and Publications Act is extremely regrettable," Loh said, demanding the immediate unconditional release of those who were arrested at Thursday night’s vigil.

The police left the DAP headquarters after about an hour.

Thursday, May 21, 2009

Anti Hopping Laws - Vice or Virtue


Orang ramai,

There will be a talk organise by the Malacca Bar on anti-hopping laws. Issue is should OR should not. Vice or Virtue.

Held in Renaissance Hotel Melaka from 8.00pm to 10.30pm this FRIDAY.

Speakers : (1) YB Sivarasa Rasiah (2) Yeo Yang Poh (former President Malaysian Bar) (3) YB Gobind Singh (4) Malik Imtiaz (President of HAKAM) (5) Dr Azmi Sharom (Associate Prof Uni Malaya)

Orang ramai di jemput hadir beramai-ramai.

Those ker yi chang hwa yi can attend the DAP talk on 1Malaysia at Lorong Pandan on the same date. Totally Mandarin. The English/Malay version will be organised by DAPSY Kota Melaka on the 26th June 2009. AT the moment we have confirmed speaker like YB Anthony Loke and YB Hannah Yeoh. There will be more.

Press Statement By KL Bar

Taken from KL bar blog

Good one. An demand that this Ketua Bahagian chap to retract and apologise.

KENYATAAN AKHBAR



Jawatankuasa Peguam Kuala Lumpur menyelar kenyataan yang dikeluarkan oleh Ketua UMNO Bahagian Cheras, Datuk Wira Syed Ali Alhabshee mencabar Majlis Peguam untuk didaftarkan sebagai pertubuhan politik.

Majlis Peguam Malaysia adalah sebuah badan professional yang tidak cenderung pada mana-mana parti politik. Ia tidak pernah dan tidak akan terpengaruh dengan aliran politik mana-mana parti politik dan hanya berhasrat untuk menegakkan keadilan melalui keluhuran perlembagaan dan kedaulatan undang-undang.

Berkenaan dengan insiden penangkapan lima (5) orang peguam daripada Pusat Bantuan Guaman tersebut, Jawatankuasa Peguam Kuala Lumpur ingin menegaskan bahawa ia adalah satu kewajipan peguam untuk memberi nasihat kepada anak guam sekiranya anak guam memohon untuk perkhidmatan peguam di mana hak-hak untuk berjumpa dengan peguam juga adalah dinyatakan jelas di Kod Prosidur Jenayah.

Jawatankuasa Peguam Kuala Lumpur mengecam penahanan tersebut dan melihatnya sebagai intimidasi dari pihak polis untuk menghalang lima orang tersebut dari menjalankan tanggungjawab mereka.

Atas dasar itu, Jawatankuasa Peguam Kuala Lumpur memberi sokongan penuh kepada resolusi-resolusi yang diputuskan pada Mesyuarat Luar Biasa Majlis Peguam pada 15 Mei 2009, yang antara lain mendesak supaya Menteri Dalam Negeri dan Ketua Polis Negara meletakkan jawatan mereka di atas apa yang berlaku.

Jawatankuasa Peguam Kuala Lumpur juga mengecam kenyataan Datuk Wira Syed Ali Alhabshee bahawa Majlis Peguam adalah sebuah badan anti kerajaan dan bersifat perkauman berdasarkan komposisi etniknya. Majlis Peguam adalah terdiri daripada warganegara Malaysia yang berbilang bangsa dan agama di mana komposisinya adalah seperti berikut:

Kaum Melayu : 39%
Kaum Cina : 37%
Kaum India : 23%
Lain-lain : 1%

Oleh itu, kenyataan tersebut adalah tidak tepat, dan berbaur perkauman.

Jawatankuasa Peguam Kuala Lumpur juga menegaskan bahawa keluhuran dan kedaulatan undang-undang negara ini mestilah dihormati oleh semua pihak dan mengingatkan bahawa tidak ada mana-mana pihak yang kebal dari tindakan undang-undang termasuk pihak Polis sekiranya melampaui batasan undang-undang.

Oleh itu, Jawatankuasa Peguam Kuala Lumpur mendesak supaya Datuk Wira Syed Ali Alhabshee menarik balik kenyataannya serta merta.

Bertarikh 20hb Mei 2009

Anand Ponnudurai
Pengerusi
Jawatankuasa Peguam Kuala Lumpur

Wednesday, May 20, 2009

Another UMNO wannabe

Another UMNO stooge....

Question is why and how the 'biadap' came about.

Maybe UMNO or UMNO wannabe such as Perkasa should just seek their heart (hmmm I wonder do they have one) and consider all aspects and issues before passing judgment on HINDRAF and the Malaysian Bar.

Tengok muka dalam cerminlah brader.....

Tindak-tanduk biadab Hindraf ancam negara – Perkasa

Wednesday, 20 May 2009 01:26pm
©Utusan Malaysia (Digunakan dengan kebenaran)

KUALA LUMPUR 19 Mei – Tindak-tanduk biadab pertubuhan haram Hindraf jika tidak dihentikan segera dikhuatiri akan membawa kepada permasalahan keselamatan negara yang lebih besar.

Presiden Pertubuhan Pribumi Perkasa Malaysia (Perkasa), Datuk Ibrahim Ali berkata, beliau telah menyampaikan kebimbangan itu kepada Ketua Polis Negara, Tan Sri Musa Hassan dan timbalannya, Tan Sri Ismail Omar dalam pertemuan hampir dua jam hari ini.

“Hindraf ini satu kumpulan kecil rakyat Malaysia yang rasa diri mereka cukup hebat, mereka rasa jika dibakar pun tak hangus, mereka rasa kebal dari segi undang-undang dan mereka buat macam-macam manakala kita majoriti rakyat sedang melihat sahaja.

“Kita beritahu kepada Ketua Polis Negara dan Timbalan Ketua Polis, jangan sampai rakyat lain juga tidak menghormati undang-undang dan kalau ini berlaku maknanya negara kita tidak akan selamat,” katanya pada sidang akhbar selepas mengadakan pertemuan itu di Bukit Aman di sini hari ini.

Sebuah portal berita melaporkan Hindraf merancang mengadakan protes jalanan sekiranya arahan terhadap pemimpin Hindraf, P. Uthayakumar untuk bertemu dengan Lembaga Penasihat Akta Keselamatan Dalam Negeri (ISA) tidak ditarik balik.

Tambah Ibrahim, Uthayakumar perlu menghormati institusi polis dan kaum lain di negara ini.

“Bukan Uthayakumar sahaja penduduk Malaysia, saya pun penduduk negara ini. Saya orang Melayu, penduduk asal negara ini, tentu terasa bila beliau membuat kenyataan mencabar institusi yang kita beri kepercayaan untuk menjaga keselamatan,” katanya.

Dalam pada itu, beliau berkata, selain Hindraf, beliau juga berbincang mengenai isu Akta Keselamatan Dalam Negeri (ISA) dan tindakan Majlis Peguam meluluskan usul mendesak Menteri Dalam Negeri dan Ketua Polis Negara meletakkan jawatan kerana dikatakan menahan lima peguam secara salah.

Katanya, dalam isu Majlis Peguam itu, perbincangan mendalam dengan pihak polis mendedahkan bahawa jabatan itu telah bertindak dengan tepat dan profesional.

“Oleh itu kita mengecam sekeras-kerasnya Majlis Peguam meluluskan usul agar Ketua Polis dan Menteri Dalam Negeri meletakkan jawatan,” katanya.

Press Release from the President of the Malaysian Bar

PRESS RELEASE

Criminal justice system is the foundation of social order

It is very clear, from the comments reported in the press in recent days, that the Minister for Home Affairs, the Inspector-General of Police and the Minister in the Prime Minister’s Department, among others, have wholly misconstrued the position of the Malaysian Bar in respect of the arrests of Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan from the KL Legal Aid Centre (“the LAC lawyers”).

The crux of the issue is that the LAC lawyers were arrested in the course of carrying out their professional obligations as advocates and solicitors, in accordance with the law of the land. There is a crucial difference between such detention and previous incidents where lawyers were arrested when acting as private citizens. There are sufficient guidelines to regulate the role and responsibilities of lawyers, which stipulate that lawyers should not place themselves in a position of conflict. The LAC lawyers were at the police station to render legal assistance, and at no time were they part of the alleged unlawful assembly.

Section 28A (4) of the Criminal Procedure Code (CPC) and Article 5 of the Federal Constitution guarantee an arrested individual’s right of access to a legal practitioner of his/her choice, and these provisions must be upheld. Logically, lawyers can only provide such legal assistance if they are present at the police station.

The Malaysian Bar is therefore neither seeking nor expecting preferential treatment nor exemptions from the law. It is seeking instead to uphold the fundamental right of lawyers to have access to their clients. It is this role that we are modelling.

The presence of a lawyer when an accused is questioned or arrested promotes accountability because lawyers serve as a check-and-balance, on the spot, against police excess. It must be remembered that the police force, as a law enforcement agency, commands far more physical and tangible power than any other public service agency, and hence a mechanism for accountability is all the more necessary. Access to legal counsel is thus a cornerstone of our criminal justice system, and a crucial safeguard for the rights of a detained person.

It is ironic that Datuk Seri Mohamed Nazri should now characterise the Malaysian Bar’s intention to file suit over the arrests as “an attempt to intimidate enforcement authorities from discharging their duties” when, in reality, the arrests were clearly a form of harassment to obstruct the lawyers from discharging their responsibility to provide legal representation to their detained clients. It is not the action of the LAC lawyers that has undermined the legal system but rather the arbitrary action of the police in arresting them while they were performing their duty.

We shall proceed with legal action to determine the role and position of advocates and solicitors in such situations and to seek clarification of the scope of Section 28A (4) of the CPC, which we believe the police breached in this instance.

The government must accept dissent as a legitimate form of expression and a democratic norm. As much as it may be unpalatable, it must not be silenced but countered with reforms and concrete changes.


Ragunath Kesavan
President
Malaysian Bar

19 May 2009

Tuesday, May 19, 2009

Legal Opinion on the Perak Speakership

Why Sivakumar is still the Speaker - Tommy Thomas

From The Malaysian Insider

MAY 19 – I am asked to advise V. Sivakumar, the Speaker of the Legislative Assembly of the State of Perak, on the constitutionality of his purported removal on May 7, 2009.

1. It is common ground that the Legislative Assembly was summoned that day by His Royal Highness, the Sultan of Perak (“HRH”) pursuant to Article 36(1) of the Constitution of Perak.

It is also not in dispute that the meeting on May 7, 2009 was the First Sitting of the Second Session of the 12th Legislative Assembly of Perak, marking the commencement of the 2nd session of a five-year Parliamentary term.

A. FACTS

2. Sivakumar’s alleged removal must be seen in the context of the extraordinary events that took place on the floor of the Assembly on May 7 2009. As to what occurred, I have relied on the live coverage of the events as reported in Malaysiakini, and the Chronology of Events published in the May 8 issue of the Sun newspaper. Hopefully, a combined reading of these 2 contemporary accounts would present an accurate summary of the facts. The time-line, as I understand it, is set out in Appendix A hereto.

3. From the facts narrated in Appendix A, it is clear that:-

(i) Sivakumar took the Speaker’s chair, Pakatan occupied the government bench (that is, on the right of the Speaker) and BN sat on the opposition bench (that is, on the left of the Speaker) when the Assembly was ready to start proceedings at about 10.00am on May 7;

(ii) The Speaker ordered 10 assemblymen to leave the Assembly;

(iii) The said 10 Assemblymen refused to leave;

(iv) The Speaker therefore did not start the meeting;

(v) The Speaker was forcibly removed from his chair;

(vi) Ganesan purported to act as replacement Speaker, purportedly after being elected;

(vii) Some five hours after the scheduled hour, and after the Speaker’s forced removal, the Raja Muda of Perak (“RM”) delivered the royal address;

(viii) Ganesan thereafter adjourned the sitting sine die; and

(ix) The Assembly has not sat since that adjournment.

4. On these facts, the critical issue in law is: when was this session of the Assembly opened? In other words, when was the Assembly in a position to transact business and take legally binding decisions?

B. WHEN DID THE SESSION OPEN?

5. As stated in Paragraph 1 above, the May 7 sitting was summoned by HRH under Article 36(1). It was the 1st Sitting of the 2nd Session of the 12th Legislative Assembly. In such circumstances, when did the Sitting begin?

Prima facie, two Standing Orders (“SO”) may be of indirect assistance. The Standing Orders were enacted in 1998 by the Legislative Assembly of Perak pursuant to Article 44(1) of the Perak State Constitution. They have the force of law.

First, SO 1, which deals with the proceedings of the first meeting of the Assembly after a State Election, reads: “On the first day of the meeting of the Assembly after a State General Election, members having assembled at the time and place duly appointed and being seated in accordance with the provisions of Standing Order 2, the Secretary of the Assembly shall read the Proclamation of His Highness Paduka Seri Sultan Perak Darul Ridzuan by which the meeting was summoned, and thereafter the order of business on such day shall be….”

SO 1 contemplates HRH not gracing the 1st sitting of the 1st Session. If HRH however attends, then HRH reads the Proclamation and gives a royal address. Only thereafter is the order of business for the day. However, SO 1 has no application to the sitting on May 7 2009 because it was NOT the first sitting after the General Elections.

6. Secondly, SO 13, which relates to the order of business on ordinary sitting days, reads: “Order of Business … “13(1) Unless the Assembly otherwise directs, the business of each sitting shall be transacted in the following order:-

(a) Formal entry of Mr Speaker;

(b) Prayers;

(c) Taking of oath by any new member;

(d) Messages from HRH;

(e) Announcement by Mr Speaker

(f) Petitions;

(g) to (p) – specific matters which are not relevant for present purposes.

(2) The Assembly may, upon a motion to be moved by the Menteri Besar or in his absence a member of the State Executive Council to be decided without amendment or debate which may be made without notice and shall take precedence over all other business, decide to proceed to any particular business out of the regular order.

The sitting on May 7 2009 was not an ordinary sitting. It was the 1st sitting of the 2nd Session, summoned under Article 36(1) of the Perak Constitution, and was graced by the RM, representing HRH. In consequence, neither SO is, on close scrutiny, applicable to the May 7 sitting.

In any event, any direction on the order of business made under SO 13(1) or (2) can only be by an Assembly that had lawfully opened for business.

7. Accordingly, in my opinion there is no express SO that deals with the May 7 sitting. In such event, reliance can be placed on SO 90 which allows Commonwealth Parliamentary practice and usage to be used as guidance on issues where the SO’s are silent.

Thus, it is proper to consider the practice of the British Parliament. Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament is the authoritative and leading text on Parliamentary procedure in the Commonwealth. The learned authors of the 23rd Edition (2004) state: “In every session but the first of a Parliament, as there is no election of a Speaker, nor any general swearing of members, the session is opened at once by the Queen’s speech, without any preliminary proceedings in either House. Until the causes of summons are declared by the Queen, either in person, or by commission, neither House can proceed with any public business…….. …….This practice is observed because no business can be transacted until Parliament has been opened by the Crown” (my emphasis)

8. The learned commentators of Halsbury’s Laws of England state: “(v) Proceedings at the Opening of Parliament … 713 The Queen’s Speech

Neither House of Parliament can proceed with any public business until the session has been opened either by the monarch in person or by Lords Commissioners acting on her behalf. On this occasion the causes for the summoning of Parliament are communicated to the two Houses in the Queen’s Speech,…. In the first session of a new Parliament the Speech is not delivered until a Speaker of the House of Commons has been elected and an opportunity has been given to members of both Houses to take the oath. In each subsequent session there are no such preliminary proceedings and the Speech is delivered on the first day….” (my emphasis)

“717 Proceedings in the House of Commons after the opening of Parliament

After the opening of Parliament, the House of Commons resumes its sitting at 2.30pm. Various sessional orders are made …; certain other business may also be transacted….”

9. Finally, Griffith and Ryle on Parliament : Functions, Practice & Procedures.” (2nd Ed. 2003) takes the same position:- “The Speech having been read, the Queen and her courtiers depart; the Commons return to their Chamber and the Lords remain in theirs. Both Houses area now free to proceed with the work of the session, because no business can be transacted until Parliament has been opened by the Crown”. (my emphasis)

10. Accordingly, in law, the first session of any Legislative Assembly of Perak summoned under Article 36(1) cannot transact any business or pass any resolution prior to the royal address, which on May 7 2009, was only delivered between 3.16 pm and 3.47 pm. Thus, any purported resolutions or decisions taken before the royal address are null and void and of no legal effect.

The importance in law of the commencement of a parliamentary sitting reflects the practice of any meeting of any body or organisation, whether a company, society, union or club. Even in such bodies, until the Chairman of the meeting calls it to order, the meeting cannot transact any business. Any purported business transacted before the chair begins a meeting are of no legal effect.

The law of meeting reflects common sense. It is, therefore, not surprising that Parliamentary practice and usage is also similar.

11. It is not in factual dispute that the purported resolution to remove Sivakumar as Speaker was purportedly passed at about 10.30am on May 7, 2009, well before the royal address. The legal power to remove the Speaker is found in Article 36A(2)(d) of the Perak State Constitution.

The purported resolution to remove Sivakumar presented by BN assemblymen therefore had to be submitted under Article 36A(2), which states that the Speaker shall vacate his office – “(d) if the Assembly at any time so resolves.” It is a condition precedent for an Assembly to pass a resolution under Article 36A(2)(d) that that Assembly must have been “opened” and was in a legal position to transact business, including deliberating and passing such a resolution.

In other words, the House must be sitting legally. Because the Assembly was not “opened” at 10.30am on May 7 2009, the Assembly could not under the Constitution pass the resolution pursuant to Article 36(2)(d).

In consequence, Speaker Sivakumar was not lawfully removed on May 7 2009, and continues, under the Constitution and in law, to be the sole, lawful Speaker of the Legislative Assembly of Perak.

Datuk Wira is also WRONG

Like Nazri, this Datuk Wira is also wrong. My advise to the both UMNO goons read the constitution and the Criminal Procedure Code.

Syed Ali cabar Majlis Peguam didaftar sebagai pertubuhan politik
Tuesday, 19 May 2009 09:00am
Image ©Umno Bahagian Cheras (Used by permission)

UMNO Bahagian Cheras menyelar tindakan Majlis Peguam yang mendesak Menteri Dalam Negeri (KDN), Datuk Seri Hishamuddin Tun Hussein dan Ketua Polis Negara, Tan Sri Musa Hassan meletakkan jawatan ekoran penahahan lima peguam baru-baru ini.

Ketuanya, Datuk Wira Syed Ali Alhabshee menegaskan, pihak polis tidak bertindak secara sewenang-wenangnya untuk menahan mana-mana individu yang didapati terbabit menggangu ketenteraman awam.

“Polis tidak gila untuk menahan secara membabi-buta seseorang itu jika tidak melakukan kesalahan dan desakan yang dibuat oleh Majlis Peguam itu adalah tidak matang dan tidak profesional,” tegasnya.

Beliau mengingatkan, tidak ada mana-mana pihak yang kebal daripada tindakan undang-undang termasuk peguam yang bernaung di bawah Majlis Peguam.

Serentak itu, beliau mencabar Majlis Peguam menyatakan pendirian mereka sama ada sebagai pengamal profesion undang-undang atau sekadar pertubuhan untuk menjaga kepentingan kumpulan tertentu.

Syed Ali mengulas tindakan Majlis Peguam dalam mesyuaratnya kelmarin yang membuat ketetapan meminta Hishamuddin dan Musa meletakkan jawatan kerana menahan lima peguam yang turut terbabit bersama sekumpulan aktivis pada kekecohan persidangan Dewan Undangan Negeri (DUN) Perak, 7 Mei lalu.

Katanya, Majlis Peguam sebagai badan pengamal undang-undang sepatutnya lebih melihat kepada sudut kepentingan awam daripada mendahului kepentingan agenda mereka.

“Apakah kerana yang ditahan polis itu seorang peguam, maka menteri yang berkaitan atau pegawai polis di desak letak jawatan, inikah jalan penyelesaian daripada sudut perundangan ?” soal Syed Ali.

Katanya, jika setiap kali berlaku sesuatu kes atau masalah, maka setiap kali itulah pula menteri yang bertangungjawab didesak supaya meletakkan jawatan, maka berapa lamakah sindrom 'mengarut' ini akan berlarutan.

Beliau berkata, adalah amat memalukan bagaimana badan peguam yang sebelum ini dihormati masyarakat telah terpesong jauh peranannya kerana terikut-ikut dengan pvokasi politik pihak tertentu.

“KDN mempunyai asas yang kukuh untuk menahan mereka dan penahahan itu lazimnya dilakukan bagi membantu siasatan bagi kes berkenaan,” tegasnya.

Syed Ali menegaskan, Majlis Peguam yang majoriti keahliannya adalah kaum India sebelum ini telah banyak mencetuskan pelbagai isu kontraversil termasuk menyentuh hak dan kepentingan kaum lain.

Beliau berkata, sejak kebelakangan ini majlis tersebut bertindak seolah-olah sebagai sebuah pertubuhan anti kerajan dan perkauman.

"Apakah ini balasan Majlis Peguam setelah mereka bertemu dan mendapat layanan baik daripada kerajaan ketika dipimpin oleh Tun Abdullah Haji Ahmad Badawi," ujarnya.

Sehubungan itu, Syed Ali mencabar Majlis Peguam dibubarkan sahaja dan didaftarkan sebagai pertubuhan politik supaya mereka lebih senang untuk bersekongkol dengan parti-parti pembangkang.

Sunday, May 17, 2009

Nazri IS WRONG

Nazri is WRONG...period. Taken below is an article from The Malaysian Insider.

Nazri's point is totally incorrect and bias.

The Malaysian Bar backed by about 13,000 lawyers in West Malaysia supported by their brother lawyers in East Malaysia namely Sarawak Bar Association agrees uneqivocally with the Bar Council to sue the government, inter alia, the Home Affair Minister and at the same time naming the IGP and the OCPD as Defendants for the police high-handed and abusive acts.

Not only that they are to be sued but at the same time society MUST condemned their action and MUST demand the resignations of all involved including the Home Affair Minister.

If what Nazri says that suing the government for the detention of five legal aid lawyers is an attempt to intimidate the enforcement authorities from discharging their duties, then what about lawyers who are actually discharging their constitutional and statutory duties.

Nazri should have known that the lawyers arrested, were called in by their clients to render legal assistance. The lawyers in fact requested to see the form (i.e. the form declaring that they wished not to have legal assistance), that were also denied by the police. What are there to hide? And instead of showing the declaration form, the police under the orders of the OCPD of Brickfields, arrested the five lawyers from the KL Legal Aid centre.

As such the police action is totally uncalled for, arbitary and have no respect for rights of the lawyers in discharging their constitutional and statutory duty.

Nazri: Bar Council’s decision to sue govt an attempt to intimidate

KUALA KANGSAR, May 17 – The decision by the Bar Council to sue the government over the May 7 detention of five legal aid lawyers is an attempt to intimidate the enforcement authorities from discharging their duties, Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz said today.

He said it also showed that the legal practitioners themselves wanted to undermine the country’s legal system.

“The Bar Council is supposed to be a role model. If police enforce the law and among those caught are their (Bar Council) members, they have to accept it.

“We have the judiciary. Let the court decides whether the five lawyers are guilty or not,” he told reporters after opening a programme for Ujian Penilaian Sekolah Rendah (UPSR) pupils in the Padang Rengas parliamentary constituency at the Sekolah Menengah Kebangsaan Temenggong, Kati here.

He was commenting on a resolution passed by the Bar Council at its extraordinary general meeting on Friday to sue the government and Inspector-General of Police Tan Sri Musa Hassan over the detention of the five lawyers during the candlelight vigil for the Coalition for Clean and Fair Elections (Bersih) activist Wong Chin Huat last week.

On the political crisis in Perak, Mohamed Nazri said, the court was the best avenue to settle the dispute and that there was no need for a fresh state election as the state legislative assembly was still intact.

“There is no hung assembly”, he said, adding that the request to dissolve the state assembly cannot not be made by the minority. – Bernama

Saturday, May 16, 2009

Malaysian Bar demands....

Motion

Whereas on the night of 7 May 2009, five members of the Kuala Lumpur Legal Aid Centre, Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan (collectively known as the “LAC Lawyers”), in their capacity as Advocates & Solicitors, had requested the police at the Brickfields Police Station for access to the detained persons who were arrested that same night whilst holding a candlelight vigil at the same Police Station over the recent arrest of political scientist Wong Chin Huat.

Whereas Article 5(3) of the Federal Constitution entrenches the fundamental right of a person to consult and be defended by the legal practitioner of his/her choice. Further, sub-sections 28A(2) to (7) of the Criminal Procedure Code (“CPC”) set out in detail the rights of arrested persons including their right to communicate and consult with a legal practitioner of their choice.

Whereas the Police denied the LAC Lawyers access to the detained persons, the Police, without any reasonable grounds, proceeded to arrest the LAC Lawyers and only released them on police bail the following day at around 3 p.m., notwithstanding the repeated requests by other lawyers for their immediate release.

NOW IT IS HEREBY RESOLVED THAT THE MALAYSIAN BAR:

1. Strongly condemns and denounces the wrongful arrest, detention and interrogation of the LAC Lawyers.

2. Strongly condemns and denounces the blatant transgression of the rule of law and the constitutional right of every person to counsel and access to justice.

3. Strongly condemns the unnecessary arrest and detention of those exercising their constitutional right to assemble peaceably.

4. Strongly condemns the arbitrary, improper and frequent resort by the Police to section 28A(8) of the Criminal Procedure Code, thus denying an arrested person access to counsel and making the right provided under section 28A(3) meaningless.

5. Strongly condemns and denounces the appalling treatment of the LAC lawyers and all those held in custody, including compelling them to wear lock up uniforms and unnecessarily handcuffing them.

6. Strongly condemns and denounces the Police for deliberately refusing to disclose to their family or their lawyers any information in relation to the LAC lawyers after their arrest, including their location and their next course of action.

7. Demands the resignation of the Minister for Home Affairs, the Inspector-General of Police, OCPD ACP Wan Abdul Bari bin Wan Abdul Khalid and DSP Jude Pereira of the Brickfields police station over this shameful incident.

8. Condemns the gross abuse of police powers and demands that the Government offer an unconditional apology to the LAC Lawyers.

9. Demands that the Government commit to and uphold the Rule of Law as enshrined in the Federal Constitution.

10. Reiterates its previous calls on the Government to establish the Independent Police Complaints and Misconduct Commission (IPCMC) in its original form to serve as an independent external oversight mechanism.

11. Demands that the Government uphold and defend the fundamental rights of advocates and solicitors to discharge their responsibilities to their clients in an environment free from threats and intimidation and unhindered by law enforcement agencies.


Proposed by: Ragunath Kesavan
Dated: 8 May 2009

The motion, as amended, was unanimously carried.

Wednesday, May 13, 2009

Zambry is NOT MB .... Period

Taken from one of my learned associates, Richard Wee from Richard Wee Lopez, on the MB vs MB's Court of Appeal decision in allowing a staay of execution. This is what he concluded.

After looking through the law on Stay of Execution, this is my opinion:-

1. Nizar sought declaratory relief that he was wrongly removed as MB Perak and that he is still the MB for that state. He succeeded to persuade the High Court Judge accordingly.

2. The One-man-panel Court of Appeal granted a Stay for that. What does that mean? It means that the declaration that Nizar is MB is currently on hold until such time Zambry's appeal is heard in Court of Appeal (& possibly Federal Court).

3. So the current position is = Nizar IS the MB for Perak. The High Court decision is still valid, and until such time it is overturned, that decision, stands!

4. As for Zambry, as per the same High Court decision; his election as MB is an invalid and unlawfully.

5. With the stay, it only means that the Declaration by High Court cannot be carried out yet; but it surely does not mean Zambry is the MB.

6. So, Perak at this moment has no MB and the Court should have appointed a temporary caretaker to oversee the State until such time Zambry's appeal is exhausted.

7. Can someone ask Zambry to leave the State Secretariat, cause he is a trespasser.

Monday, May 11, 2009

Nizar is rightful MB: High Court

Will this settle the constitutional problems in Perak?


How now ?


Nizar is rightful MB: High Court

(From the Star)

KUALA LUMPUR: The High Court here ruled rule on Monday that Datuk Seri Mohammad Nizar Jamaluddin is the rightful Perak Mentri Besar, and not Barisan Nasional’s Datuk Seri Dr Zambry Abdul Kadir.

In an immediate response, Zambry said he would apply for a stay pending appeal. This was rejected by the court.

Nizar immediately left the courtroom immediately after a press conference to travel to Ipoh where he will seek an audience with the Sultan of Perak, Sultan Azlan Shah, to get his consent to dissolve the Assembly and call for fresh state elections.

In his ruling Monday, Justice Abdul Aziz Abd Rahim said that a new mentri besar could not be appointed as the office had not been vacated.

He said a mentri besar can only be dismissed by a vote of no confidence, and upheld the Stephen Kalong Ningkan ruling.

He noted that the Perak State Legislative did not hold a vote of no confidence.

In 1966, Sarawak Chief Minister Datuk Stephen Kalong Ningkan was ousted when the state governor showed him a letter of no confidence issued by 21 out of 42 legislators and asked Ningkan to resign.

Ningkan refused, saying the letters were not tantamount to a vote of no confidence in the state legislative assembly. He was sacked by the governor but eventually reinstated by the Borneo High Court, which saw the necessity of a formal vote of no confidence.

According to the Nutgraph, the judge ruled ruled that the governor can only dismiss the chief minister when both these conditions are satisfied:

(a) The chief minister has lost the confidence of the House, and

(b) The chief minister has refused to resign and failed to advise a dissolution.

Nizar had filed for a judicial review on Feb 13, seeking a declaration that he is the rightful mentri besar of Perak and an injunction to bar Dr Zambry from discharging his duties as the mentri besar.

On March 6, Justice Lau Bee Lan had ruled that there were constitutional issues involving the interpretation of Article 16 (6) of the Perak Constitution and later referred four consitutional questions to the Federal Court for determination.

However, on March 23, the Federal Court ruled that the case of who the rightful mentri besar is should be heard by the High Court.

Nizar’s lead counsel Sulaiman Abdullah, in wrapping up his submissions last week, said the Constitution was the “genius of the Malaysian people”, adding that the court had a duty to uphold it. Over the last few days, he had submitted that the Sultan, while granted powers in the Perak Constitution to appoint a mentri besar, could not dismiss him.

The only way Nizar could be dismissed, he said, was through a vote of no-confidence in the House.

He also said that a mentri besar could request for the State Assembly to be dissolved in the middle of a term without losing the confidence of the majority of the House.

Dr Zambry’s lawyer Datuk Cecil Abraham, however, argued that Nizar went by Article 16(6) of the Perak Constitution when he sought an audience with the Sultan – this article specifically provides for the mentri besar to request for a dissolution when he has lost the confidence of the majority in the House.

Under the article, Nizar is required to tender the resignation of his executive councillors when his request was rejected, he said.

Thursday, May 7, 2009

Res Ipsa Loquitor


Latin it mean "The thing speaks for itself". It speaks nothing but a making of a police state.

I have uploaded the video from Malaysiakini. The whole clip speaks of unlawful arrest and the abuse of powers by the police. I can try to understand if the police arrested those that went against the court order i.e. prohibiting any gathering within a radius of 500 metres of the state building HOWEVER I can't help it when the police arrested people sitting in restaurant having a nice teh-tarik for breakfast. That is just tyranny.

I must asked ON WHAT LAWS ARE THEY APPLYING? To the Home Affair Minister, is that correct?

Watching the almost 9 minutes video make me depressed and literally making me asked this same question over and over again. IS MALAYSIA A GOOD HOME?

Seriously I have come to a point of giving up Malaysia.

Therefore I conclude, that '1Malaysia' recently promulgated by PM Najib, ..... is just another slogan. I thought I had hope but ..... no more.