CHARLES HECTOR

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

2008-07-19T16:52:00.003+08:00

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?

2008-07-18T22:55:00.007+08:00

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..

2008-07-18T12:23:00.005+08:00

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...

2008-07-18T00:53:00.005+08:00

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

2008-07-18T00:24:00.005+08:00

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..

2008-07-17T12:27:00.004+08:00

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.

2008-07-16T23:53:00.003+08:00

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..

2008-07-16T17:25:00.004+08:00

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..

2008-07-16T14:48:00.003+08:00

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)

Arrested Anwar more likely to be charged in court today ...(Updated)

2008-07-16T14:07:00.009+08:00

UPDATE (3.18pm)

Anwar started giving his statement to the police at about 2.50pm, said another of his lawyers R. Sivarasiah, also the Subang Jaya Member of Parliament (MP). - Star, 16/7/2008 -Cops arrest Anwar (Update 6).

Interesting that they are recording a statement - and NOT just running off to court to charge him.

Or are they waiting for the 11th hour to charge him in court - thereby making it nearly impossible for the Bail to be processed - hence a night in jail. Bail will be a bit difficult BUT not impossible...

___
1st posting:-

The police arrested Anwar Ibrahim just outside his house. He was on his way back from the ACA headquarters, which he went at 10 am to assist in investigation with regard the reports he had lodged against the Inspector-General of Police (IGP) and the Attorney-General (A-G).

Opposition leader Anwar Ibrahim was arrested by the police just outside his home in Bukit Segambut, Kuala Lumpur, at 12.55pm today.
MCPX
The de facto PKR leader was on his way back to his house after being questioned by the Anti-Corruption Agency (ACA).
A team of police officers were waiting, according to lawyer R Sivarasa.
Anwar was driven away in a 4WD with tinted windows, escorted by a convoy of 15 patrol cars. They arrived at Kuala Lumpur police headquarters at 1.11pm. - Malaysiakini, 16/7/2008 - Anwar arrested outside his house

Considering that just yesterday, the police came out and gave a very public press conference (which also was shown on TV) that Anwar will only be arrested if he did not turn up on his own by 2.00pm, the act of arresting him before 2.00pm is very bad. The police have lied not just to Anwar but also to the Malaysian Public - and I am pissed off.

"Police have obtained a warrant of arrest for Datuk Seri Anwar Ibrahim but they have given him until 2pm today to turn up on his own accord to give his statement.

Issuing the ultimatum, Federal Criminal Investigation Department director Datuk Bakri Zinin also warned Anwar's supporters not to react if police arrested him.

"We are giving him time and space. If he does not turn up by 2pm, we will have to take the necessary action," Bakri said yesterday without elaborating.

Bakri made no comments when asked if a warrant of arrest had been obtained for the de facto Parti Keadilan Rakyat leader...." - New Straits Times, 16/7/2008, Deadline for Anwar: Turn up at 2pm or face arrest.

So why did they arrest him now? Is it for the purpose of assisting them in the investigation concerning Saiful's report alleging that he was sodomized by Anwar? I do not think so....Furthermore, everyone knows that a suspect and/or a potential accussed has the right to silence (to say nothing - to give no statement), and this is a right that anyone who is a suspect would exercise irrespective of whether one is innocent or guilty. So, Anwar should have most likely been advised against the giving of any statement to the police - and the only statement that he may have given is "If there is anything that I want to say, I will say it in court ....FULLSTOP.

Calling him in to be part of an identification parade....mmmm unlikely.

Thus, I am of the belief that this whole "sudden arrest" is likely to be so that he can immediately be taken to court and charged today....and Malaysiakini has got it right

It is learnt that Anwar is to be charged under Section 377C of the Penal Code which relates to 'carnal intercourse against the order of nature'.

If so, Anwar will be rushed to court after this (unless of course, there is some directive from above at the 11th hour....), and charged.

Which Court? Most likely the Jalan Duta courts, ...by the way was the alleged offence not committed in Kuala Lumpur. Maybe, even some of the other courts...

If charged, Anwar would plead not guilty - and then maybe the bail application - which he should be granted.... but will he have time to make all the Bail arrangements in time...for if not, he will have languish in detention for at least one day...

He should be free soon .....if this be the case.

BUT the lies.... not just to Anwar but to all of us Malaysians is unacceptable...

They could have just told Anwar to turn up in court to be charged ... and, I believe, Anwar would have turned up voluntarily and all would have been done right...There is no necessity to arrest and bring him to court.

No need for all this 'breach of trust' or lies, arrest....and BIG hoo hah.

1988 Judicial Crisis judge receives RM100 million ex-gratia payment each ...maybe? so tell us Zaid..

2008-07-15T20:45:00.004+08:00

De facto Law Minister, Datuk Zaid Ibrahim said that he will not disclose the amount that was paid out as ex-gratia payment to the judges who fell 'victim' to the 1988 Judicial Crisis. He said that even if the question is raised in Parliament, he will not disclose it...

WHY? These are old men and they have so requested. It is not nice to disclose..

I do not see how we can justify the paying out RM100 million to each of the said judges and/or their families...

Or was it RM10 million each - or what was it..

It is OUR money - not Zaid Ibrahim's personal funds - or the BN's personal funds - and as such there must be transparency and accountability - and the rakyat has the right to know...

We want to know how much was given ..... Maybe even the judges will be shocked by the amount paid out -- maybe all they got was only a small portion of it, whilst the rest of it went into somebody else's pocket...Corruption is every where and at all levels in Malaysia.... from DPMs to
Director Generals... So better tell how much was paid out - and let us get confirmation that they (the judges) did receive the payment...

Accountability and transparency - just tell us the answer... Zaid Ibrahim

ISA detainees do not need rehabilitation --- only immediate freedom

2008-07-15T13:31:00.005+08:00

I do not like that man who has been spending some time around my wife or my daughter. So, as the Home Minister, I can easily say that he is a member of some Islamic terrorist group and issue a 2 year Detention Order - and off he goes in detained without trial. The court cannot even review the reasons for the detention - which they could at one time. This is just an example of how Detention Without Trials can be abused by the government - and they will get away with it until the detention without trial laws are repealed.

That is why Detention Without Trial under the ISA, Emergency Public Order and Prevention of Crime Ordinance, Dangerous Drugs (Special Preventive Measures) Act, ... is all so wrong...and must be repealed immediately.

A person arrested and detained under these laws do not even have the opportunity to defend himself...and for years, he can be detained for some really 'stupid' senseless false reason.

An innocent man deprived of his/her freedom...and now our Home Minister is talking about rehabilitation - it irks me so. I wonder how many Malaysians would accept or believe all this crap that comes from him.

DETENTION under the Internal Security Act (ISA) is geared more towards rehabilitation rather than criminal punishment.

Home Minister Datuk Seri Syed Hamid Albar told M. Manogaran (DAP – Teluk Intan) that ISA detainees would be rehabilitated in regard to their extremist beliefs and actions, which could threaten national security.

“Those held under the ISA will undergo a rehabilitation programme at their place of detention.

“If a detainee has been considered to be rehabilitated and no longer poses any danger to the country, he or she will be released,” he said in a written reply. - Detainees undergo rehab programme, Star (11/7/2008)

I say again REPEAL all laws that allow for Detention Without Trial....

Release immediately and unconditionally all those being detained (and/or restricted) under these laws that allow for detrention without trial, including the 62 being currently detained under the ISA.

Syed Hamid said that as of June 30, there were 62 detainees held for involvement in various activities.

“Forty-two people were held for militant violence, six for falsifying documents, one for human trafficking, nine for gathering information for foreign intelligence agencies and five for Hindraf activities.

“However, we cannot provide a full list of ISA detainees with their background and offences at present due to security factor,” he said. - Detainees undergo rehab programme, Star (11/7/2008)

And we also cannot really get information of who is being detained under the ISA and for what reason. So, are there only 62 -- or are there more which cannot be disclosed for security reasons.

Now, we have seen the Director General of Immigration being arrested, remanded....together with a lot of other persons -- and they have already started talking about 'national security' and I would not be surprised that all these persons be subjected to some Detention Without Trial - and as such no trial - and some other BIG people's involvement will not come out.

With the Altantuya case, if Balasubramaniam's first SD is to believed - then we see the active involvement of police and even prosecutors to keep the name of a BIG man out of this case - in that case it was Najib Razak, our DPM for now - maybe until the end of the year only...

Mr Minister, if you are so interested with rehabilitation, maybe that should be the focus of sentencing of persons convicted of crimes in Malaysia after a fair and open trial. Now, there seem to be little or NO emphasis on rehab - only punishment.

"Even recently our Court of Appeal President lamented that sexual offenders are avoiding the whip by turning 50....

Sexual offenders are escaping whipping because they are 50 years of age or more by the time their appeals are exhausted.
Court of Appeal president Tan Sri Zaki Azmi said the prosecution should assist the court to hear such cases as soon as possible.
"The public is unhappy because they are under the impression that the courts are imposing sentences that are inadequate," Zaki said from the bench yesterday when presiding over criminal appeals in the Court of Appeal. - NST, 15/7/2008 "Zaki ticks off prosecution"

(oh yes....that is same Tan Sri Zaki Azmi, the UMNO lawyer who suddenly was appointed so fast as Federal Court judge recently and was then made the current No. 2 person in the Malaysian judiciary... This UMNO man will most likely be made the head of the judiciary if PM, UMNO and BN had their way....)

The Malaysian Bar has called for the abolition of corporal punishment including whipping - and here sadly we have a Judge lamenting that a person escaped whipping because he is 50 years or older...how sad.

The point of rehabilitation and punitive sentencing policy will be subject of a later posting maybe...

Anwar, Najib, PM ...NO one is above the law - everyone is equal before the law

2008-07-14T19:40:00.004+08:00

No one is above the law and that includes Anwar Ibrahim, Najib Razak or even the PM himself(his son and/or his son-in-law).

If we get a phone call by someone stating that he is a policeman asking us to come to the police station for the purpose of investigation.We ask what is the investigation about - and the police must tell us what it is all about... Is that good enough? The answer is NO - we need a formal letter clearly stating what it is all about ...

A WRITTEN notice is required by virtue of Section 111 of the Criminal Procedure Code if the police wants a person to attend at the police station to assist in any investigation - and this was what the police was apparently were trying to get to Anwar Ibrahim

111. Police officer's power to require attendance of witnesses.
(1) A police officer making an investigation under this Chapter may by order in writing require the attendance before himself of any person who from the information given or otherwise appears to be acquainted with the circumstances of the case, and that person shall attend as so required.

(2) If any such person refuses to attend as so required that police officer may report such refusal to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of that person as required by such order.

- and maybe Anwar was not there, but then his family could have accepted the notice as well...could they not.

After all, Anwar says that he was ready to go to the police station and assist with the investigation...

But reading, the recent Malaysiakini report, Anwar did not want to go because his family was harrassed. Reading the report, I see that the complain was about the police coming 2 times and trying to hand over the letter...

Now, usually in a section 111 Criminal Procedure Code notice/letter, there is also that option to call and re-schedule the time of the appointment...(and usually the contact number of the investigating officer is given.)

"PKR de facto leader Anwar Ibrahim has refused to appear at the Kuala Lumpur police headquarters today for questioning over the sodomy allegation in protest against "harassment" of his family." - Peeved Anwar declined to go to police HQ, Malaysiakini (14/7/2008)

There are other issues that Malaysians can get riled up about BUT some how I do not see this as one of them...

Anwar should go to the police - foolish to merely refuse - go BUT then as the suspect(the alleged perpetrator of the crime), he can always exercise his right to silence...

I just hope the police do not do anything foolish BUT just get another date and appointment for Anwar to attend and assist in the investigation...

Confessions made to the police are no longer admissible in court. - The law has changed and as - no more "confessions" to the police, it is very good....

113. Admission of statements in evidence.
(1) Except as provided in this section, no statement made by any person to a police officer in the course of a police investigation made under this Chapter shall be used in evidence.
(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to a police officer in the course of a police investigation under this Chapter and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].
(3) Where the accused had made a statement during the course of a police investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.
(4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.
(5) When any person is charged with any offence in relation to-
(a) the making; or
(b) the contents,
of any statement made by him to a police officer in the course of a police investigation made under this Chapter, that statement may be used as evidence in the prosecution's case.

As can be seen, only the accused can use his own statement in support of his own defence...

In my earlier postings, I have expressed my disappointment with Anwar commencing a civil suit, i.e. defamation, against the complainant, Saiful... This is certainly not expected behaviour from a person talking about "REFORMASI"..change for the better..

Pity all victims of rape, sexual assault, assault...etc...., every time they make a complain to the police, they will be sued by the alleged perpetrator --- this is so wrong...so unjust. In fact, one cannot commence and sustain an action of defamation based on a complaint made to the police.

Anwar is fed-up...angry...with yet another allegedly false allegation - but then, he must deal with it correctly...and justly...

Motion Rejected - Barb-wires, Dogs, Road-Blocks, a "Closed-Parliament", Court Order - 'Ops Padam' what?(Updated)

2008-07-14T11:10:00.007+08:00

Update (12.44pm) - The no-confidence motion has been rejected by the Speaker...

A no-confidence motion in Parliament - not even sure whether it will see the light of day as the Speaker allegedly has the power to reject it summarily in chambers (or in Parliament) . So sad really... for a democratic process should allow at least a debate openly in Parliament and this should be followed by a decision of the MPs - not a decision by the one who chairs the meeting, who should just be playing a facilitating role ONLY. The decision to allow one motion and not another, should be the decision of the MPs present in the Dewan.

I did not hear of any protest or rally in Parliament - did you? There may be persons who would want to be in Parliament to see what happens with that 'no-confidence motion' - and that is perfectly all right. So, where is the wrong? Why the panic? Why the making of an ant-hill into a mountain??

Gone OVER-BOARD with barbed-wires, dogs, road-blocks and a "Court Order' naming Anwar Ibrahim and Pakatan Rakyat --- and 5km, that really is very far away from Parliament, is it not - maybe even going to the Jalan Travers police station may also be a problem (it could be within that 5km radius, and would it not be a violation of a court order..)

I turned on the TV to watch the direct telecast from Parliament - and there I see the commentator talking with PM's son-in-law, and I wonder whether this is that 1-hour live telecast from Parliament like. We do not need interviews at this time - all we want is to see the proceedings live - just plug us into the CCTV link that allows us to see what is happening in Parliament - no need for comments and interviews. In Thailand, the live-telecast is from start of Parliament until it ends --- we should have that in Malaysia too...

Anyway, was there any interview with Wan Azizah explaining why she had tabled the said no-confidence motion? mmm..

Barbed-wires and K9 units

Barbed wire was strung along the main road leading to Parliament House, while a K9 unit truck was parked near the security house. - Police mount road blocks on all roads leading into Parliament area, NST (14/7/2008)

Road-Blocks

At 9:30am, traffic from Jalan Tun Razak near Menara Dato Onn into Jalan Mahameru was reduced to a crawl as the main road leading into Lake Gardens was blocked by a police patrol car was placed across the road....

The roadblocks in the city have been in place since Saturday, and were instituted following information received by the police about a “security threat” from an illegal demonstration planned today by Pakatan Rakyat supporters.
- Police mount road blocks on all roads leading into Parliament area, NST (14/7/2008)

Most major roads into the city experienced traffic jams yesterday as police continued an operation, codenamed Ops Padam, which began at 2pm on Saturday.

The roadblocks, mounted at 12 entry points, including the Federal Highway near the Kota Darul Ehsan arch and the Damansara-Puchong Expressway, reduced traffic to a crawl.

It is learnt that policemen at the roadblocks were told to be on the lookout for buses or vehicles carrying Parti Keadilan Rakyat flags or banners.

Any vehicle with people wearing T-shirts or carrying posters was stopped from entering the city. - Police get court order to ban Anwar rally, NST(14/7/08)

Some journalist are being barred from entering Parliament

A number of journalists who have arrived in Parliament this morning were also stopped from entering the Parliament building.

They include foreign reporters and those who work for international news agencies.

- Malaysiakini, Police roadblocks cause gridlock in KL (14/7/2008)

Court-Order

"...the police yesterday have obtained a court order barring Anwar from the vicinity of the Parliament today.

The court order will allow the police to arrest on sight if Anwar and opposition supporters are spotted within five kilometres of Parliament..." - Malaysiakini, Police roadblocks cause gridlock in KL (14/7/2008)

Really, this is Malaysia - and here all protests have been very peaceful - the only violence that I have seen is the violence of the police who many a times do use what I believe is very unreasonable force in dispersing and arresting persons who peacefully protest.

Parliament is and should at all time be open to the public - and the closure of the public gallery and the preventing of even guests of MPs is really going over-board and definitely wrong...

Again covering up and protecting TOP people by using ISA. and national security

2008-07-13T11:22:00.005+08:00

The arrest of allegedly 'corrupt' immigration officers is not new - it has happened so many times over --- BUT the problem is that they, who are arrested, are never charged and tried in an open court. Mind you, in the past even the former head of a State National Registration Department and head of a state Immigration Department have been arrested - yes the medium and small officers have been arrested before as well.

And then it is all "COVERED-UP".... using the "national security" reasons..

And, it is happening again according to recent Malaysiakini report, 12/7/2008:- "Immigration graft a 'national security problem': ACA chief."

"The Anti-Corruption Agency (ACA) said today rampant corruption at the immigration department was a national security problem following the arrest of seven people.Among those detained was a top immigration official who allegedly issued visas to foreign workers in exchange for money, reports said..."It goes right to the top. It involves the public, foreigners, government officers and also syndicates..."This actually involves national security ... and the problem is throughout the country. We have arrested a number of people and we expect to pick up more soon," Ahmad told reporters in Penang..."

WHY? Because it goes right to the top.... and as such, the always end-up using that draconian Internal Security Act -- claiming that it is a 'national security problem'.

The other reason sometimes is that the 'real culprits' are not arrested and sometimes some are others are picked up and detained under the ISA and released -- for show, I say until there really is a fair and open trial.

Yes, many complaints about issuance of PR and NRIC to foreigners - again SAPP has raised this. HINDRAF brought to light to odd decrease of Indians over the years since Merdeka - same too with the Chinese percentage in the Malaysian population.

Now, to show that the government is acting against those that are guilty - some of these Immigration Officers (and National Registration Department officers) are arrested, detained and then not accorded a trial. Off they are sent off to detention under the law that allows for Detention Without Trial.

Them, who are arrested and detained, do not also have the chance to show that the allegations against them are FALSE and/or are baseless. WHY? Because the law was amended so much so that the court do not have the power to review the alleged reasons for the arrest/detention.

Again, the ACA has started talking about "National Security" -- and yet again they may resort to using the ISA. Yet again, some innocent scapegoats may end up in detention - with any real ability/opportunity to legally challenge their accussers.

I say, charge them all -- and if some people in the top (be it Najib or Abdullah Ahmad Badawi), do not suppress that information, Mr Policeman and Mr Prosecutor. In fact, go forward and charge these "top" people as well. Equality before the law.... remember that.

Charge them - allow them to defend themselves - give them a Fair and Open Trial - and make sure the police and the prosecutors do not 'HIDE' facts and evidence to protect these 'right up to the top'

Abdullah Ahmad Badawi and Najib Razak are the people right at the top - and so we will have to take that they are the ones that the ACA is talking about UNTIL ... they tell us who there persons are..and charge them too.

A SD to kill the Najib challenge...and all challenges?

2008-07-11T21:49:00.005+08:00

Last time when we had an impatient DPM who may have challenge the No.1, there was a book in the bag of the delegates...

This time, when there was possible challenge by yet another DPM, a little Statutory Declaration may have done the trick...

Yes, a little statutory declaration...with all kinds of allegations about the DPM

In less than 24 hours, a retraction of not just the SD - but also specifically assertions about DPM (alleging duress).
- Of course a new lawyer - who is no more the lawyer after that...mmm
- Of course then the disappearance of the 'Private Eye' and his family
>>> and of course, all this that happened do not go down well for the DPM... (all accusatory hands point at him - more because of that speedy retraction...and disappearance of the Bala and his family ( make us remember how another Mongolian woman was "disappeared" - bombed with C4 and all...)

PM gets Division leaders from one state (then another..and another - total 4 only) to come out and state that they want PM to remain President of UMNO, and Najib to stay as No. 2 [Of course, many would not see that these Division leaders were making such statements even before the Branches have had their meeting, and the Divisions have had their meeting where one of the things that would be discussed would be who would we nominate for No. 1 and No. 2 and No. 3,4,5....].

Then a big Supreme Council meeting of UMNO and a revelation that PM will hand over the reins of power to DPM in June 2010.... and DPM agrees.

Congrats Pak Lah - you have successfully destroyed the possible challenge of Najib for the No. 1 spot in UMNO.

The timing is good - for it is too close to the start of the branch AGMs and there may be no time for your "enemies" to respond effectively.

OR maybe not.....

Najib may be knocked out of the race for Presidency ...and would now likely never become the PM

But there are others like Ku Li and Muhyiddin...and Shahrir Samad, of course.

Then came the no confidence motion ---- and that SAPP (with its 2 MPs) stating that they will be supporting the 'no-confidence motion'

And looking at the states, whose division heads came out in support of the maintenance of the present leadership -- Penang, Perlis, Selangor and Malacca - only 4. 3 of the smallest states...and Selangor. What about Trengganu, Johor, Sabah,....and the rest of the states..What about Pahang, the state that Najib hails from?

And to show that he(the PM) means to do what he said he would do in his remaining 2 years-- we see today,
** A director-general of a government department and six others, including two titled businessmen, have been arrested by the Anti-Corruption Agency for alleged graft.
**The Anti-Corruption Agency has been granted full prosecution powers which will allow the agency to open a case and proceed with it until the matter is brought before the court.
**Anti-Corruption Agency (ACA) has summoned inspector-general of police Musa Hassan and attorney-general Abdul Gani Patail for questioning on the allegation that they were involved in fabricating evidence in former deputy premier Anwar Ibrahim's black eye incident.
{Coincidence or what - but the timing is interesting}

PM may have won --
Najib may have lost -- with no possibility to return (He cannot go back in his word not to challenge No. 1 this time around, or will he...)

- Either way, Najib's credibility is being questioned more and more.... with not disclosing immediately the fact that he had met with that Saiful person himself, and that too after the alleged liwat-incident before the report. In fact the impression given initially was that he did not know that Saiful personally (or met him..)
- Now with Altantuya Shaariibuu, that is also what najib has been saying all the time -- will we tommorrow or some day in the future hear something different from Najib..

Maybe, the whole saga will work to the detriment of both No. 1 and No. 2, and members will decide in total change - get some new person in, at least who will ensure that there is contest.

If there is a contest(I mean voting, not just nominations, and even if No.1 (and/or No. 2) emerge victorious, it would have humbled them both - making them more responsive thereafter to membership views and concerns - I believe.

But, then the fight for UMNO leadership - maybe just that the fight for UMNO leadership and possibly BN leadership and nothing more - if the Pakatan Rakyat is able to form government come Malaysia Day...

At the end of the day, it is all speculations --- and there are just too many if...if..ifs - for this is Malaysia, and it is sometimes really difficult to know what the truth is... Just to many spins and twists..

Will UMNO members OBEDIENTLY give up their right to choose their President? and Next President?

2008-07-10T20:01:00.004+08:00

"King" Abdullah has pronounced that he will remain as the UMNO president until June 2010 and thereafter he will hand-over the Presidency to Najib Razak. That is it - the decision has been made.

Something is so wrong with this picture as UMNO is hopefully not a feudalistic party with a King, who tells members who the next King will be - hence depriving members the ability to choose freely who they would want to be the next President of UMNO. Will UMNO members allow this? Would they not demand their right in choosing the No. 1 and 2 of UMNO - for after all since 1987, membership of UMNO has not really exercised their democratic right to vote for their No.1 and No.2 in UMNO.

Few days ago, I was shocked when UMNO Division leaders in Penang (and then a few other states came out and said) that they want Abdullah as President and Najib as No.2 -- If I were a member of UMNO in any of the branches in Penang, I would be drafting a motion of sanction against this so called leaders of UMNO for shooting off their mouths publicly even before the Branch meetings and Division meetings are held - meetings that will also at the end of the day be deciding who they will be nominating for President, Deputy President, Vice President....etc of UMNO. Come on...these division leaders were wrong to do what they did - even before they listened and got the agreement of the membership.

Will Ku Li get sufficient nominations now to stand for President (especially since UMNO of course choose to keep that enormous hurdle of requiring so many nominations before one can contest for President), and after "King" Abdullah of UMNO has already proclaimed that Najib will be his successor in June 2010, no matter what.....mmm.

And so will it be in UMNO, that this "King" shall continue to also decide who be the Menteri Besar or the "Head" of UMNO in particular state...who shall be the candidate that runs for elections. Members of UMNO did show show protest and a desire for change in Trengganu and Perlis... Was that a flash in the pan only?

Will there be total loyalty to King Abdullah's decree that there be no contest for top 2 position as he will be No. 1 and Najib be No.2...

Let us not forget that this King Abdullah of UMNO is not a Sultan or the King (YDP Agung) - and as such, he cannot behave like a King and expect all members of UMNO to just blindly unquestioningly accept and follow his will.

Why do I bother about UMNO - just another political party, after all. Well, the spirit and practice of democracy, accountability, transparency, etc...must be present at all levels - not just during General Elections - but also at branch level, division level, party level, society levels, union levels, etc..

When Abdullah Badawi goes for a Supreme Council meeting of UMNO, is he using government vehicles and money?