Anti-Prophet Mohammad blog – Hamid, Shabery, MCMC should explain why so tardy in taking action


While all right-thinking Malaysians, regardless of race or religion, agree that stern action should be taken against those responsible for the blog which insults Prophet Mohammad, many are asking why the authorities have been so tardy and laid-back in acting when complaint was first made many weeks ago.

Although Utusan Malaysia first reported about the blog last Saturday, 27th December 2008, with the Prime Minister, Datuk Seri Abdullah Ahmad Badawi, responding on the same day by directing the Home Minister, Datuk Seri Syed Hamid Albar and the police to act quickly against the blog over insults to Prophet Muhammad, in actual fact, the authorities had been aware of the blog concerned for weeks.

This was revealed by the Information Minister, Datuk Ahmad Shabery Cheek who said on Saturday that the woman in her 20s whose photograph and identify were used in the blog containing insults to Prophet Mohammed had denied owning the Internet domain and had in fact met him two weeks ago to ask RTM to help clear her name.

Shabery said:

“She sought help from RTM to publicise the matter because the web log, which also contains Deepavali messages insulting the Hindus, was not hers and had tarnished her reputation and the company she works for.”

But neither Shabery nor RTM gave her any help although she had lodged reports with the police and the Malaysian Communications and Multimedia Commission (MCMC) to trace the people responsible after coming to know the existence of the blog several months ago.

Instead, the woman was picked up by the police at 6 pm on Saturday to “assist in the investigation” and later released on police bail!

The police said today that they have identified several suspects in connection with the offensive blog and several people would soon be called up to assist in the investigations under the Sedition Act.

The question Hamid Albar, Shabery and MCMC should answer is why the police, the RTM and MCMC had been so tardy and laid-back in taking action against the blog concerned when the woman victim had lodged reports with the police, the Information Minister and the MCMC weeks before the Utusan Malaysia report last Saturday and why she had to be taken into custody to “assist in investigations” despite her earlier complaints!

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  1. #1 by hadi on Tuesday, 30 December 2008 - 2:35 pm

    Biasa la YB Kit, Holiday mood. Everyone especially those with money want to go away.
    Typical, typical, typical at the end just get someone to be the mangsa. 50 years no change so do you expect them to do anything when it is not in their interest.
    Happy 2009, Good health for the coming year.

  2. #2 by OrangRojak on Tuesday, 30 December 2008 - 2:35 pm

    This was a blogspot.com (Google) blog, right? Not a lot the Malaysian police could do, I wouldn’t have thought. She’d have got a quicker response complaining to Google. Poor girl got a nasty surprise, but other than that, I don’t see what’s newsworthy about it.

    I’d imagine if the authorities are aware of anything at all, it is that the Internet is a large and difficult-to-control phenomenon, and Religion-insulting websites are not at all uncommon. What do you want them to do – ban the Internet?

  3. #3 by monsterball on Tuesday, 30 December 2008 - 3:04 pm

    Terengganu by-election soon.
    So UMNO must again show….the are the one and only true protector of Islam in Malaysia.

  4. #4 by ahseng83 on Tuesday, 30 December 2008 - 3:14 pm

    What can one expect from the civil service when holiday mood is in the air? OrangRojak is right. She should’ve made a report to Google instead. Why bother made a police report? I didn’t even know police exist in Malaysia. The only police i know is like a security personal/ body guard to the UMNO members. If ther’s other suspects, why wait to \call’ them in? This is serious. They should’ve hauled them in…

  5. #5 by OrangRojak on Tuesday, 30 December 2008 - 3:14 pm

    Sorry, sorry, sorry, must have missed the bit about “right thinking Malaysians”.

    Since I’m a funny-thinking foreigner, regardless of race and religion (can I use ‘regardless’ like that?), I’ll leave it to the orthodoxy-conforming, vote-attracting, not-causing-trouble-lah Malaysians to comment on this one.

    See you next article.

    Wasn’t ‘stern action’ what Anwar was accused of?

    Sorry, sorry, sorry.

  6. #6 by Jeffrey on Tuesday, 30 December 2008 - 3:25 pm

    The question YB Kit Siang is really asking is why the 27-year-old woman – an accountant with an automotive giant in the Klang Valley – who had lodged reports with the police and MCMC several weeks earlier, seeking help of Information Minister Datuk Ahmad Shabery Cheek to clear her name through RTM was (according to NST report of 30th Dec) “picked up on Saturday afternoon and was released on police bail after having her statement recorded”.

    Explanation on bail by Wikipedia : “Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of failure to appear).”

    Key question is : why are authorities harrassing and penalising members of public who report a crime, seek assistance to effect damage control, and instead of getting speedy assistance let alone praise (denied), is instead harrassed and made to suffer by doing her civic concious and public duty.

    That I believe is the primary question asked – not just the secondary one of why “the police, the RTM and MCMC had been so tardy and laid-back in taking action against the blog concerned”. :)

  7. #7 by Jeffrey on Tuesday, 30 December 2008 - 3:35 pm

    Yes the the 27-year-old accountant has not been charged yet . She is released on a Police Bail where a suspect is released without being charged but must return to the police station at a given time. Question, why is she treated a suspect? Is there any circumstances to justify a reasonable inference that she is a suspected offender? Who would make a police report of an offence if the chances are that the one making the report is given first privilege of being a suspect in respect of that offence brought to the attention of the authorities? They should apologise to her.

  8. #8 by OrangRojak on Tuesday, 30 December 2008 - 3:49 pm

    Even so, it’s not so surprising is it Jeffrey? If some terrible misfortune were to happen to you and someone scrawled “love from OrangRojak” in blood on the wall next to the crime scene, I imagine the police would be interested in my availability for questioning too, even though I have already publicly protested my innocence in a previous thread and claimed that the scenario was only an illustration. The police are not IT experts, even if their ‘customers’ sometimes are. How can they be experts in every way to commit a crime? Criminals are very inventive!

    The woman was doing “her civic, concious and public duty” by default when she was acting in her own best interest, once she knew she was both the victim and apparent perpetrator of (what is locally) a public outrage. That she is the victim is not established beyond all doubt, is it? That she is the apparent perpetrator is the root of the problem. Perhaps a later report from the authorities will claim they picked her up to ‘protect her’ in the same way they did for Ms Kok.

    The ‘clear her name on RTM’ sounds over-optimistic. I would have thought Google would willingly have given her (or her proxy) access to the (reset) blog to post an explanation. Misrepresentation on the Internet is common, but the rules for dealing with it are well-known and widely regarded as working well.

  9. #9 by OrangRojak on Tuesday, 30 December 2008 - 3:54 pm

    Jeffrey – are you building a photo-fit? Why ‘accountant’, ’27′, ‘employer description’?

  10. #10 by Jeffrey on Tuesday, 30 December 2008 - 4:34 pm

    “That she is the apparent perpetrator is the root of the problem” – OrangRojak. Well if police are not IT experts, and as OrangRojak said, “the Internet is a large and difficult-to-control phenomenon, I can’t fathom why if she were one of the perpetrators of such a mischeivous blog insulting the Prophet (in this country), would want her own photograph and identity to be used in the blog, and thereafter bring the atention of the authorities to it. Can you think of a rational reason why she would do that if she were one of the perpetrators? The part about ‘accountant’, ‘27? is reported and “photofit” by NST.

  11. #11 by taiking on Tuesday, 30 December 2008 - 4:52 pm

    I am working on a law article on why posting information in the Internet should be treated differently from publication in the traditional (print as well as broadcast) media. I will be completing it soon and I hope to to submit it for publication before CNY.

  12. #12 by OrangRojak on Tuesday, 30 December 2008 - 5:03 pm

    Didn’t RPK set a precedent for this? I don’t actually read a lot of press in Malaysia, but I thought I recalled someone defending him on the grounds that even though his name and picture appeared next to an offending Internet article, it could not be proved that he wrote it. Do I remember correctly?

    You’re suggesting a rational person wouldn’t cause pointless public outrage without first concealing their identity – at least, I think you are. I had to add the qualification so I wouldn’t be tempted to get myself in hot water with the obvious examples from history. With the qualification, and since the copy of the blog content I saw this morning (quite coincidentally) appears to be utterly without value, you’re almost certainly correct. But then, a person does not need to be rational to come to the attention of the authorities! I imagine the Malaysian police don’t often pause to consider whether their suspects have acted rationally.

    Sorry, maybe I was being over-sensitive – I knew the woman’s name from this morning coincidentally reading the blog of someone who happened to blog about the subject a few days ago. I just wondered why, when ‘the woman’ was probably sufficient to identify the subject of your comments, you were providing more detail. I was only worried that you were leading up to a full name, address and marital status.

  13. #13 by Jeffrey on Tuesday, 30 December 2008 - 5:17 pm

    Orang Rojak, I merely mentioned she was an accountant as NST reported it in public domain. I do not know her full name, address and marital status but if I did, and they are not in public domain, it would not be proper to mention it.

    RPK is a different kettle of fish. His is to tell the truth as he sees it to power so he owns up and challenges the authority whether if his domain was in UK, and server in Singapore, would the alleged cyber offence attributed to him, as owner of the webside, which he does not concede is an offence anyway) be demed committed within jurisdiction of Malaysian laws.

    It is radically different from this blog allegedly insulting the prophet where the objective/message is different from RPK’s and also no one claims responsibility!

  14. #14 by Jeffrey on Tuesday, 30 December 2008 - 5:26 pm

    “You’re suggesting a rational person wouldn’t cause pointless public outrage without first concealing their identity – at least, I think you are”. I am suggesting a person would not publish in the blog materials insulting to the Prophet, knowing fully well that it is a grave offence in this country, leave her identity and photo in that blog, and then before the authorities knew it, brought the attention of the authorities to it, with the object of exonerating/exculpating herself implicated by the identity/photo in the blog. Why would she put her identity/photo in the blog in the first place if she were one of the perpetrators? I am talking of whether it is reasonable for authorities to view her an apparent suspect. If stretched too far every innocent civic minded person who reports a crime on the basis that he witnessed it would be an apparent suspect and on that ground she should be released on bail?

  15. #15 by madmix on Tuesday, 30 December 2008 - 5:56 pm

    If not for the hoo hah in the press, I wonder how many people actually read this insulting blog? Not more than two hands full, I bet. Unless the blog is widely read like Lim Kit Siang’s blog or RPK’s Malaysia Today, how would “authorities” or press reporters know about it? it is like finding a needle in a haystack to hit this particular blog. Someone with evil intent must have planted the blog and tipped off reporters.
    This is like the “mega sex beach party” thing. Some scam which the press thought could be the real thing and gave plenty of space to it and got police, religious leaders etc to comment.

  16. #16 by Lee Wang Yen on Tuesday, 30 December 2008 - 6:13 pm

    I agree with madmix.

    I think the Islamic apologists in our country should direct their attention to websites such as
    http://www.islam-watch.org/
    (I neither endorse nor reject its contents; I’ve got no opinion about its contents).

    This is a website set up by ex-Muslims, mostly from South Asia, to provide arguments for the falsity of Islamic claims. There are articles highly critical of Mohammad on the website. Our zealous Islamic apologists should focus on responding to their arguments, since they are unlikely to get this website closed down and cannot get these authors charged under our Sedition Act. And this website is much more detrimental to the Islamic cause than some blasphemous blogs that do not really provide any substantial reasons to think that there is anything wrong or bad with Islam or Mohammad.

  17. #17 by rockdaboat on Tuesday, 30 December 2008 - 6:13 pm

    All those involved or suspected to be involved in the said blog should be arrested under ISA to assist in investigation. Remember Theresa Kok?

  18. #18 by OrangRojak on Tuesday, 30 December 2008 - 8:00 pm

    I didn’t mean to compare the content of RPK’s and this woman’s blog, only that there was a precedent for someone coming to the authorities’ attention because of a blog that bore their name and picture, and then used the defence that anyone could have put those things there. Harme Mohamed’s witness comments:

    http://westmalaysia.com/?p=3494

    There are plausible explanations for a person doing exactly what would be the worst case story (for the woman involved) in this case, mostly involving temporary or permanent loss of reason, or ‘error of judgement’, if that isn’t the same thing. This case is not about a civic minded person reporting a crime, but about someone reporting that an outrageous work which purports to be by them, is not their doing. I think you may have stretched the point too far with “every innocent civic minded person who reports a crime on the basis that he witnessed it”.

    What does ‘released on police bail’ mean in Malaysia? In the UK I would expect someone to be charged with an offence before they were released on bail. I’m sticking to my ‘police not experts’ line, and siding with the police on this one. The copy webpage I saw was just a set of silly names, like a child might create in a playground. While offensive, it was never intended to be anything but. If there is an ‘offence’ (whatever that means – what will the police charge be? Disturbing peace?), the police will want charge somebody. The page implicates the woman, regardless of her claimed innocence. If the police did not charge the apparent perpetrator, everybody who commited a crime would be videoing themselves in the act for YouTube and claiming that someone faked it.

    I am not without compassion. There’s every chance that the poor woman is in the midst of a completely unexpected and possibly terribly traumatising experience. The police have to charge the apparent perpetrator for the public offence until they’ve got someone better. I don’t think the police have an attractive choice in this matter.

  19. #19 by Onlooker Politics on Tuesday, 30 December 2008 - 8:10 pm

    rockdaboat Says:

    Today at 18: 13.15 (1 hour ago)
    “All those involved or suspected to be involved in the said blog should be arrested under ISA to assist in investigation. Remember Theresa Kok?”

    Rockdaboat, you are so damn naive and ignorant about how the Malaysian Police is doing their job? Based on your stupid logic, I can also make the Police to detain you and send you to the ISA detention camp by lodging a Police Report that “Rockdaboat did say in front of me that he wanted to throw the pork to the mosque nearby his house!”

    Of course, I am not going to set you up by the dirty trick because it is against my own principle to do so. However, I do hope that you can wake up by now and not be too kiddy or too idealistic about the Police trustworthiness in Malaysia. You will be able to find a whole lots of racist Policemen if you happen to be so unlucky to be detained by the police some day in the future!

    The Police will just not believe in the basic assumption that all men shall be deemed innocent until proven guilty. If your skin colour looks like a Chinese or an Indian, then I can only say “God bless you” if you are trying to tell the Police that somebody is making use of your name without your prior consent to defame Prophet Mohammad!

  20. #20 by Lee Wang Yen on Tuesday, 30 December 2008 - 8:36 pm

    It is very difficult for someone to produce a fake video evidence of someone else committing a crime without signs of fabrication.

    It is very easy to put up an essay on a website and claim that it is written by the girl next door. I just have to know her name and some easily accessible details.

    This distinction shows that the fact that, in the absence of other prima facie evidence implicating that woman, the police should not treat her as a suspect given those considerations raised by Jeffrey does not mean that they should also think that someone whose crime is captured by a video should be taken seriously if he claims that the video is fake, in the absence of signs of fabrication.

  21. #21 by undergrad2 on Tuesday, 30 December 2008 - 8:50 pm

    “What does ‘released on police bail’ mean in Malaysia? In the UK I would expect someone to be charged with an offence before they were released on bail. I’m sticking to ….” OrangRojak

    In Malaysia, the police stations are courts unto themselves. The OCPD is the judge. Also in Malaysia, it is mandatory for this judge to impose bail although bail was not proposed by the absentee prosecutor. The purpose of police bail is to give opportunity to the police to show why they deserve a salary revision.

  22. #22 by monsterball on Tuesday, 30 December 2008 - 9:06 pm

    Shabery Cheek…exposed himself…talking cock…when he debated Anwar Inbrahim.
    Have you seen the life debate…with his foaming mouth?
    Anwar talked to the point….Shabery talked grandfather stories…promoting UMNO’s history.
    Such a low class minister…exposed…you want to believe him?
    One thing most UMNO ministers do own…..are big mouths to master the art of twisting ….from facts to fictions..and vice versa….all to UMNO BARU’s advantage.
    Everything they say or do is not for the country….but for UMNO.
    Now..I read and see which one is a Chinese two timer…commentator…twisting …to favour government.
    So far…great vigilantes ..great minds…all alert..to battle them..so I keep quiet.

  23. #23 by dapsupporter8888 on Tuesday, 30 December 2008 - 9:06 pm

    I suspect that this news is created by some goons in the run up to KT by-elections. Either that or some goons is trying very hard to create a dis-unity among Malaysians. I had better not pen my suspicions here further, else I’ll probably be sued.

    Every right thinking Malaysians would not do such a thing. Insulting the religion of others is a BIG NO-NO.

  24. #24 by dapsupporter8888 on Tuesday, 30 December 2008 - 9:16 pm

    monsterball Says: Such a low class minister…exposed…you want to believe him?

    Why? Shabery is not the only low class minister around. ALL the ministers (including the PM & DPM) are all low class with low mentality. Most of them are second class lower grads only… Shame on them. Nothing they do is for the good of this country & us. Everything they do is for the good of their own pocket only (i.e. good for UMNO = good for their own pocket)…

  25. #25 by undergrad2 on Tuesday, 30 December 2008 - 9:41 pm

    “If there is an ‘offence’ (whatever that means – what will the police charge be? Disturbing peace?), the police will want to charge …” OrangRojak

    Investigation is the work of a person they call the IO (short for ‘Investigating Officer’ – although most times they have no clue what they are supposed to be investigating and hence the need for a police bail. It is like a request for “time-out.”

    The police does not do the charging. That’s the work of the public prosecutor. The work of the police is to collect evidence. Occasionally, the more creative among the investigators with some knowledge of the country’s Penal Code, would manufacture evidence to try and match the evidence with the offences found in the Penal Code. How else could they hope to close their files – and achieve their quota of “teh tarik” breaks??

    All in the spirit of “Malaysia Boleh”.

  26. #26 by Jeffrey on Tuesday, 30 December 2008 - 9:41 pm

    “The police will want charge somebody….The police have to charge the apparent perpetrator for the public offence until they’ve got someone better. I don’t think the police have an attractive choice in this matter..” – OrangRojak at 20: 00.53 (1 hour ago)

    This is precisely a very wrong attitude (if correctly attributed to the police). They should only charge someone or treat someone as suspect if there is reasonable cause and evidence to do so. This kind of attitude of needing to charge someone at all costs (until they’ve got someone better) only happens only in totalitarian police state with no respect for civil rights.

    Police should act with restraint and work with and foster good relations with the community whose civil rights police are supposed to protect not violate just because they need to charge somebody, to show they’re doing their work.

    I call this malfeasance: the overzealous performance by a public official like police of an act that is legally unjustified, harmful, contrary to law in violation of a public trust and civil rights.

    We should protest against such attitude, not apologise for it.

  27. #27 by monsterball on Tuesday, 30 December 2008 - 9:50 pm

    See the pattern!!
    Information minister must inform….someone is belittling Prophet Mohammed.
    Home minister must arrest under ISA….insulting Islam religion.
    Is not UMNO….the great defender of Islam faith…in the world?
    Have you ever heard thousands of UMNO members died fighting Isreal….to defend their brothers being slaughtered?
    Arrest by Home Minster…back fired….yet feeling no shame.
    You see…these two…jokers need to perform to win votes for coming Trengganu by-election.
    Once you know their characters…so easy to know how they think and perform.
    Hope PAS does not fall into the trap..to talk religion …to win votes. It’s out-dated and behaving years behind time Malaysians….yet proclaim…can live and see the real future.
    Leave it to UMNO….can live in the past and show they are Space Age politicians.
    They are simply ….real low class hypocrites…and corrupted actors.

  28. #28 by Jeffrey on Tuesday, 30 December 2008 - 10:06 pm

    Undergrad2 is right. The Police do not “charge” suspects. They detain suspects or treat them as suspects with liberty to post bail. They should do so if there were reasonable cause. They should not treat a person reporting a crime as a suspect for mere expedience or their convenience without reasonable cause just because they’ve not yet got someone better : this is a bad attitude and violates civil rights.

  29. #29 by monsterball on Tuesday, 30 December 2008 - 10:23 pm

    I do not believe UMNO’s non stop religion and race politics will win votes under current situation and condition where vast majority Malaysians are sick of such kind of politics.
    They are so…because the Third Class Malaysians .the Malays..have their educate friends to explain.
    The educated Malaysians read Internet….not only newspapers.
    If internet is not powerful and influencial…Mahathir will not use that to continue his personal “mission”…to lie…to promote race and religion politics…to take revenge on UMNO…all against him..to talk till he drop dead…..defending his family wealth…keeping UMNO busy…from suing them.
    So voters for coming Terengganu by-election…all system go by UMNO…starting by Information…Home and Khairy.
    After that…watch their reactions on good or bad news.
    My bet..they will all keep quiet…going to mosque….asking Allah…”‘Why like that?”……as all gone case braggarts and corrupted hypocrites….are simply having fantasy…they own Malaysia and should rule forever.

  30. #30 by OrangRojak on Tuesday, 30 December 2008 - 10:34 pm

    “It is very difficult ”
    On a scale of ‘not at all’ to ‘extremely’? What exactly is “very difficult” in kilometres per hour? OK, I too may be guilty of stretching points. It isn’t the job of the police to make judgements where there’s no testable criterion. “Did she do it or not?” “Looks like it” is good enough for most police work. The chance that the incriminating evidence is fabricated is a matter for someone better equipped to judge.

    When you exercise your judgement to second-guess the police, are you using the same mental faculties and education they are? In a matter like this, the police may as well throw dice to decide whether to suspect someone or not. I think we can grant them some leeway when they’re faced with acts outside their usual fare.

    Just in case I’m confused and we’re talking about different subjects – you mean this one?
    http://www.menj.org/islam/siapa-adibah-ahmad/

    I’ve a feeling this issue may have started quite some time ago. That we’re reading about it on LKS blog now may be a sign that MPs are on notice to respond to any substantially controversial issues with a “thankyou for your letter, you’ll hear from us in February” letter, so that there’s nothing better for LKS to make political capital out of in the run-up to the KT election.

    I started this reply hours ago (before bored children needed a proper father), so it’ll look odd now. Thanks for explaining bail undergrad2.

    Jeffrey, if you can read ‘suspect’ where I say charge (my misunderstanding of the mechanics of police work), I stand by my previous statement. This is not ‘a person reporting a crime’, this is an uncommon instance where a person has reported something when it appears (to a casual observer) they are the perpetrator. There is no suggestion in my comments of ‘needing to charge someone at all costs’, those are your words.

    Regardless (since we cannot expect the police to examine Google’s logs, and I doubt TM will keep sufficient logs for long enough, even if the true perpetrator was in Malaysia) of who the true perpetrator is, the blog is all the police had to go on. This is a rare and interesting case, where the police could have acted more generously and people would have been complaining that they weren’t taking the insult seriously or acted as they did and suffered LKS’ exclamation marks. An easy choice, for them, I suspect.

  31. #31 by Jeffrey on Tuesday, 30 December 2008 - 11:16 pm

    OrangRojak, you are right she was not reporting a crime but clearing herself against her photo and identity being used in an offensive blog. I have assumed (rightly or wrongly) that the comments insulting of the Prophet were known to be insulting constituting an offence and no perpetrator who does that would ordinarily leave his/her photo and identity in such a blog.

  32. #32 by monsterball on Tuesday, 30 December 2008 - 11:21 pm

    In the court of law….lawyers need to look up old cases related to whatever the case is…that he/she represents.
    Research and read read read…all the cases…then mark those points and consult his/her an old master of the law.
    I noticed most young lawyers passed out….serving few months as apprentice in a law firm….give him a simple case…they will make a mess out of it…making the poor client that should win…loose out…then they apply appeals after appeals…which infact…make the said poor client pay more lawyer fees than he/she expect.
    When I deal with reputable law firms to handle business cases…I insist they give me a final legal opinion…can I win or not.
    Most professional law firms…..will give for and against arguments…makes me satisfied,.even if I loose the case.
    I notice few talking here…law students.out to write a thesi….or are young lawyers….arguing cases.?
    No good…if you do not burn midnight oil…..think and have the attitude to win..even with 1% chance.
    How many of you witness criminal cases where the culprit goes free…even on murder case…real court case stuff.
    How many have you witness lawyers fighting for compensations…for or against and the one for the victim…win huge amount compensation.
    How many have you seen lawyers arguing about estate from dead …divorces …children custody rights….that this group is the most unreliable….if you are not careful to choose right law firm or lawyer.
    My main objective of this message is…no matter what profession you are representing……no one owes you a living and no one can help you as much as you must help yourself.
    If you have the luck…to succeed with great friends with great minds.. and their advises…are real good..you are a lucky bloke.
    May I end….by saying….God help those who help themselves.
    Continue discussing …arguing and be smart Malaysians.
    But please register to vote….change of government.

  33. #33 by cemerlang on Tuesday, 30 December 2008 - 11:23 pm

    Remember. In Malaysia, it is first class infrastructure. But third class mentality in many aspects. Talking about internet security, it is just a false sense of security when you have your passwords and other forms of so called security measures. Internet service provided by Telekom and others actually know which websites you have gone to even if you just went a second ago. So the police needs to show a warrant to Telekom and other service providers if they see the need to. When you post anything, it can be copied and pasted and linked and circulated round the world in less than a second. In order for others to access your website and to camouflage as the owner, these people are the I.T. genius which means they are geniuses with computer codes, programmes, softwares and they have partners to link together to break into your website. They are not the ordinary internet savvy people. They must have enough computer intelligence in order to do that. Like the case when some teenagers broke into some bank and stole the money online. Intelligent computer culprits will have to be overcomed by equally intelligent computer law abiders. Or some people who can break into the military website. Dangerous. So if they can break into something that is so classified, there is nothing that they cannot break into especially the simple websites. Some people post everything without thinking that others can just copy and paste. Especially the dating websites. All the photos and personal details are posted for the whole world to see. This case that you mentioned. The lady accountant should be intelligent, not just with numbers. As for the blasphemy thing, some Italian film maker made a movie about Prophet Isa. But people are not that emotionally charged. Are not all prophets supposed to be treated with the utmost reverence ?

  34. #34 by AhPek on Tuesday, 30 December 2008 - 11:42 pm

    Is there a way to seek redress in the case of a person reporting a crime being treated as a suspect for mere expedience without reasonable cause because a better suspect has not been found yet,Jeffrey? Or the police has immunity since
    Malaysia is a ‘police state’ on the quiet.

  35. #35 by Taxidriver on Tuesday, 30 December 2008 - 11:50 pm

    Yes, I’ve got this feeling the anti-Prophet Mohammad blog could be UMNO’s own creation to brew racial sentiments. It clicks nicely with the recent protest by the Penang Malays. With the KT by-election near, UMNO wants to portray itself as championing Islam and the Malay race. Being desperate and bankrupt of issues against PR, they, as expected, play up the race once again ( thanks to sifu Mahatir ) to win over the Malay voters. This is their only lifeline. This issue of insulting the Prophet Mohammad will be magnified during the KT by-election campaigne. Maybe some of you will think I am being overly suspicious, but I can’t help it because knowing UMNO the party, and run by the present crop of leaders, isn’t it true that it’s hard to tell what is true and what is not??

  36. #36 by monsterball on Tuesday, 30 December 2008 - 11:54 pm

    So many lawyers are behaving like gangster protecting the clients or trying to squeeze the clients..to the limit with legal fees….not really representing clients in total sincerity and professional ways.
    They even apply postponement in cases…playing games and pally pally with the opposition lawyer….”I do one favour for you…next time you do for me”…..that kind of attitudes.
    So many private Accountant firms…will audit your account…so slow…know only how to charge Secretarial fees and Audited fees…plus few more fees..and yet you need to pay fines..for late or no submitting the forms…..to the government punctually.
    The almost impossible profession to prove they kill lives….are doctors and surgeons.
    Do you notice..surgeons have no time for politics….thus these are very responsible and reliable people.
    Hundreds of general medical practitioners… .we addressed as doctors…love MCA and Gerakan swearing that …they join politics to save Malaysians..to make us ….real happy.
    DAP..champion of freedom and democracy.. is too low class for them to join in. I wonder why.
    It guess…it takes high class Chinese politicians to show how to please UMNO…carry their balls.. and get things done….for Chinese??
    So…lawyers….doctors…accountants…which one is you?
    For Engineers….most half past sixes must be with UMNO….Highland Tower…Hillslope disasters…floods…do I need to paint the picture?
    Great ones….quiet and will avoid government contracts….as they are so wanted all over the world…no time for nonsense.

  37. #37 by OrangRojak on Tuesday, 30 December 2008 - 11:55 pm

    cemerlang: just a false sense of security
    You’re right, but usually a sense of security (false or not) is the foundation of the joy in our lives. It can be a rude awakening when fortune catches up with you and you discover what it is to be ‘unlucky’. The chances are this woman has no connection at all to the website her name and photograph appeared on, nor possibly any connection to those who provided the blog content. Her image and name may have been selected from somewhere on the Internet for no particular reason at all. In her place, I would be appalled and terrified.

    It seems to me in this case that no work of genius was needed. If you had a reasonably unique name, any of us could start a blog at any of the major free blogging sites tonight with some equally mischievous content, with your name and photograph attached. I strongly doubt Telekom keep sufficient records to detect unanticipated crimes that occurred longer than a few hours ago. You need only to multiply the international bandwidth that Telekom uses by a few hours and you’ll get a figure that would quickly outstrip the largest storage devices. Further, if they can’t keep my telephone working, I wonder at their ability to keep forensic records. I looked at the issue briefly this morning when I coincidentally came across the site I linked above. There are other trails left on the Internet to the blog in question that could be followed to provide suspects.

  38. #38 by vsp on Wednesday, 31 December 2008 - 12:02 am

    Can this be a hoax specially manufactured for the KT election?

  39. #39 by undergrad2 on Wednesday, 31 December 2008 - 2:20 am

    “Police should act with restraint and work with and foster good relations with the community whose civil rights police are supposed to protect not violate just because they need to charge somebody, to show they’re doing their work.” Jeffrey QC

    What you say is true of the London Bobbies who walk the streets to lend a helping hand to whoever needs it. One moment it may be to help nab a snatch thief and on the other it may be to help an old lady cross the street. Once somebody was shouting obscenities at me from the seventh floor of a building and I informed a passing London Bobby. He walked up all seven floors to look for him. On an unlucky day, he may find himself delivering a baby at a street corner in full view of passersby. At other times he would be rushing a liver for transplant through the streets of Kensington to the nearest hospital thirty miles away.

    In Malaysia, the job of the police is to help keep an eye on the public and hence the earlier name given to it i.e. ‘mata-mata’ or the eyes and ears of the government. They keep watch on citizens instead of criminals. So when you report a crime, they look at you suspiciously thinking you’re up to no good and are wasting their time and government money. When they finally move their asses to investigate they do so grudgingly, treating you like a criminal. When they arrest suspects, they don’t read their constitutional rights known in certain jurisdictions as the “Miranda” rights. The person arrested would then end up giving evidence against himself even making confessions to crimes they never committed. If he is lucky he gets charged with the wrong crime and walks away.

    That’s police work in Malaysia.

  40. #40 by Lee Wang Yen on Wednesday, 31 December 2008 - 4:22 am

    The police should only treat someone as a suspect when there are some reasonable grounds to do so. If we do not agree with this principle, we should be prepared to be arrested and then released on bail pending further investigation whenever the police feel like doing so even if they do not have reasonable grounds.

    In this case, whether the police are justified in treating the woman as a suspect depends on whether they have reasonable grounds. Jeffrey argues that the fact that she reported the ‘crime’ (if insulting a prophet is a crime that can be charged under the Seditious Act in our country, it is a crime according to our country’s law. So Jeffrey was right in his earlier suggestion that she reported a crime [on the assumption that she did not author the blasphemous article and that the article is indeed blasphemous] – someone who authored the article committed a crime under Malaysian law. There may be another crime involved, depending on whether forgery is seen as criminal according to our country’s law.) and that on the reasonable considerations that her action does not fit very well with an ordinary person who indeed committed the offence or crime, the police do not have reasonable grounds to treat her as a suspect.

    Of course, for all we know, the police might have other prima facie evidence implicating her which has not been revealed to the public. In that case, they would have reasonable grounds to treat her as a suspect. However, Jeffrey is right that the police do not have reasonable grounds on the sole considerations mentioned in the last paragraph.

    Barring prima facie evidence, the police do not have reasonable grounds to treat her as a suspect. One might contend, as OrangRojak does, that the fact that the blasphemous writing is attributed to her with her name and photo appearing together with the writing is the required prima facie evidence. However, given that she has reported to be a victim of forgery, and given that forgery in this case is very easy, this cannot be a piece of prima facie evidence that justifies treating her as a suspect.

    OrangRojak suggests that if her claim to be a victim of forgery is to be taken seriously, the police will also have to accept the claim of someone whose criminal act is captured in a video that the video is fabricated, in the absence of signs of fabrication. This is clearly a bad argument since being a victim of forgery in the sense of having a blasphemous article attributed to oneself is highly probable on ordinary standards of inductive reasoning, and being a victim of a fabricated video when there are no signs of fabrication is highly improbable on ordinary standards of inductive reasoning. Since there is a clear distinction between the former (X) and the latter (Y) in that X is highly probable and that Y is highly improbable, the argument from analogy that if we require the police to believe/accept X we will also have to require the police to believe/accept Y is clearly a bad argument, since the crucial distinction breaks down the analogy.

    OrangRojak suggests that it is not the job of police to determine or judge whether X (i.e. the woman’s claim to be a victim of forgery) is true. This is a problematic suggestion. If we accept that the police should have reasonable grounds in the form of prima facie evidence to treat someone as a formal suspect (with the legal implications of requiring a bail when the formal suspect is released on bail pending futher investigation), then determining or judging whether X is true is crucial, since it is crucially relevant to whether there is such a prima facie evidence, and thus reasonable grounds.

    Also, OrangRojak suggests that there are no testable criteria to determine the truths of X and Y given that there are no such criteria to determine the exact degree of difficulty (perhaps with an accurate number) of ‘falsely claiming the girl next door of putting up on a website something she did not write’ (A) and the exact degree of difficulty of ‘fabricating a video of someone’s committing a crime without leaving any trace of fabrication’ (B). Of course, he is right that no criteria are available for us to determine the exact degrees of difficulties of A and B. But this is a red herring. Why should we need exact degrees of difficulties? One simply has to show that A is comparatively easier than B. That is sufficient to determine or judge the truths of X and Y. It should be clear that in this case, A is much easier than B. In science and ordinary life, we have to rely on such comparison of the relative probabilities of various hypotheses on ordinary criteria of induction. Of course, inductive reasoning does not yield mathematical certainty. But this is what we have to rely on in science and ordinary life.

    The police may well have reasonable grounds to get her to assist in the investigation given that the information extracted from her can be incorporated to determined whether X is true, and thus whether there is prima facie evidence that justifies her arrest (upon taking her as a formal suspect). But reasonable grounds to ask someone to assist in an investigation are different from reasonable grounds to treat someone as a formal suspect or to arrest someone as a formal suspect (in this case, arrest seems to be implied by her release on bail).

  41. #41 by Lee Wang Yen on Wednesday, 31 December 2008 - 4:29 am

    oops… ‘… incorporated to DETERMINE whether…’
    sorry!

  42. #42 by Lee Wang Yen on Wednesday, 31 December 2008 - 4:38 am

    It’s high time that an external body such as IPCMC was set up in our country.

  43. #43 by Lee Wang Yen on Wednesday, 31 December 2008 - 4:59 am

    Kit Siang suggests in his article that the relevant authorities have some shortcomings in this incident.

    When he says that the relevant authorities (the Home minister, MCMC, etc) have been tardy, what he suggests is that they should have investigated her complaint and helped her to clear her name if her complaint was confirmed by evidence discovered during the investigation. Had they done their work and found evidence indicating that her complaint was false and implicating her involving in the blasphemous writings, the police would have had reasonable grounds to arrest her as a formal suspect.

    Now, the crux of the matter lies in whether police have such evidence. It seems that Kit Siang has to find this out to make sure that he is justified in claiming that the relevant authorities have done something wrong or at least manifested some shortcomings in this incident.

  44. #44 by Lee Wang Yen on Wednesday, 31 December 2008 - 5:04 am

    oops… ‘…implicating her INVOLVEMENT…’

  45. #45 by Taxidriver on Wednesday, 31 December 2008 - 6:32 am

    There is a good lesson to be learnt from this story. Next time if you happen to witness a crime being committed, DON’T ever act the role of a good citizen by rushing to the police station to be an eye witness. You will become the first suspect. Then, maybe if you’re lucky enough, like the accountant in the story, they will release you on POLICE BAIL.

  46. #46 by undergrad2 on Wednesday, 31 December 2008 - 7:09 am

    Godfather,

    I tend to agree with Prof. Lee Wang Yen.

    If A has the opportunity and B has the tools, then C who has the motive would give the police reasonable cause to believe a crime has been committed. The problem is who did the crime (a), who should be arrested for crime (b) and who should be sentenced to X number of years?

  47. #47 by OrangRojak on Wednesday, 31 December 2008 - 7:42 am

    Lee Wang Yen, before you right another comment in which you claim that you ‘clearly stated’ something, I’ve got to tell you that I almost passed out for lack of oxygen before I’d finished the 2nd paragraph of your magnum opus above.

    I’m not convinced you can cast this issue as a problem in Boolean algebra. Jeffrey is often right, though in this case I feel tempted to believe his point of view (as expressed at the outset) has merit. You are making an assumption here:

    “her action does not fit very well with an ordinary person who indeed committed the offence or crime”

    The degree of fit her action has with the ordinary person who publishes religion-insulting blogs with their name and photograph on in a country where even the leaders are prepared to desert their citizens for asking questions about religion, let alone insulting it is difficult to assess, isn’t it?

    It appears to me (it is the basis of my lack of support for criticism of the police in this matter) that the police are not sufficiently well-equipped with facts regarding this kind of case to employ reason at all. I have already apologised for my abuse of hyperbole when I mentioned the YouTube videos, it wasn’t intended to shore up an already flaky argument.

    X and Y. I’ve gone blind. Could you stop that voluntarily, or could the site admin please implement a filter blocking comments with pseudo-algebra in? Thanks. It doesn’t aid clarity.

    One simply has to show that A is comparatively easier than B. That is sufficient to determine or judge the truths of X and Y

    Are you doing a PhD? Beg your tutor for forgiveness! You have a problem with degrees of freedom. To indulge you, if Y were ‘false’ (impossible / incredible) then all that is known about A (given its comparative ease) is that it … is … not quite as false? I don’t think there’s even a useful fuzzy-logic membership that can be drawn out with this line of attack. The best you could hope for is some sort of inequality predicated on too many assumptions.

    Why should we need exact degrees of difficulties?

    Because despite your protestations of ‘simply shewn’, the police have no previous experience of these matters. Not of devout-upsetting blogs maliciously implicating an innocent third party, nor of deviously creative wrongdoers deliberately throwing YouTube video red-herrings (it’s still hyperbole!) They do not have sufficient experience to be able to make a judgement. In this specific and unusual case which bears only a passing resemblance to the everyday occurrence of citizens discharging their civic duty by reporting crime, the police were damned (by the devout) if they didn’t and by LKS (if they did).

    I have, against my better judgement, read and re-read your ‘inductive reasoning’ paragraph and am no wiser as to what you have induced. I can see why you state that X (blog) is easier than Y (video) – is that right? I think ‘former’ and ‘latter’ were more obvious to you when writing than they are to me on reading. And A and B are degrees of difficulty? So you are attempting to show that because B is sufficiently high (extremely difficult), Y should be accepted as evidence that a person should be a suspect, and because A is less difficult it shouldn’t be? I can’t follow that leap. I’m afraid your ‘clearly stated’ is indistinguishable from my ‘incomprehensibly muddled’.

    In this case, arrest seems to be implied by her release on bail

    Ah! Perhaps you’ve missed some of the intervening comments. I misled everybody down my own crooked path by suggesting the same thing. I didn’t know that for a fact, I assumed it due to slightly different experience of police station practise. I think Jeffrey knew she wasn’t, and undergrad2 knew arrest is not a prerequisite for bail. Perhaps ‘bail’ is used as a ‘rights reservation’ by police in Malaysia, if they fear a crucial witness might disappear.

    All this defending and attacking points of view in a novel situation is hard enough without someone casting all the unknowns in the concrete of formal logic. How is the PhD going? bbcnews.com added at least a year to mine, I wish you more restraint!

  48. #48 by OrangRojak on Wednesday, 31 December 2008 - 7:43 am

    Ahahaha ‘right another comment’. An unconscious error, but not bad enough to need correcting

  49. #49 by chengho on Wednesday, 31 December 2008 - 7:57 am

    Let’s try Hussam Huddud law for a change..

  50. #50 by Jeffrey on Wednesday, 31 December 2008 - 8:09 am

    There are two or three responses from posters here that are interesting.

    First is what Taxidriver commented 06: 32.17 (50 minutes ago).

    Never mind the techical difference whether the woman approaching the authorities did so to exonerate herself or to report an offence witnessed as pointed out by OrangRojak, the point is she, like rest of us, is entitled to civil rights that have to be balanced against, and not treated as a suspect for expedience of investigation unless there has already been an investigation and reasonable basis to treat her a suspect.

    As what Lee Wang Yen lucidly points out, there is a clear difference between “reasonable grounds to ask someone to assist in an investigation” and “reasonable grounds to treat someone as a formal suspect”.

    So on the question whether authorities have reasonable basis to treat as a suspect – although we don’t know all the facts but just based on what is known so far in public domain, it seems (at least to me) (1) improbable that she was a perpetrator as such an offender would ordinarily not leave his/her photo and identity in such a blog that he/she knows or (being an educated persion/accountant) ought to know would get him/her into lots of trouble with the law (2) improbable that she need, for reasons of police expedience, to be formally treated a suspect on bail to ensure her continued assistance in investigation – when it was the woman who has been trying to contact Information Minister, Datuk Ahmad Shabery Cheek & MMC weeks ago to clear her name, it is the authorities (rather than she) who, according to Kit have been “tardy and laid-back in taking action against the blog concerned”.

    As Lee Wang Yen points out, we have to rely on comparison of “relative probabilities” even if it does not yield “mathematical certainty” rather than dwell on just possibility which can point to any direction, when making a judgment.

    What Undergrad2 said about the difference between London Bobbies and the “mata-mata” here is true.

    However in talking about fostering good community cooperation as prerequisite of tackling surging crime wave here, it is not that I use London Bobbies as point of reference – no, I merely take a leaf from what successive IGPs have preached to their men in their public lectures of what is important in police work to tackle the crime problem here.

    To AhPek’s earlier question (23: 42.08) there is (technically in principle) a redress (eg damages) for misfeasance (as I defined) but in practical terms and in terms of proving it, indeed getting fellow “mata mata” to first investigate it is a tall order.

    If false imprisonment of person as a suspect (when there is no reasonable basis to do so) were misfeasance, it seems treating someone a suspect (for the same lack of reasonable basis) and letting him/her go because bail were posted (the alternative, without bail would have triggered the same consequence of false imprisonment) should stand on same platform (though in latter case) no immediate hardship is suffered by the person unreasonably treated as suspect, except the inconvenience of posting bail, so I would think it is a waste of time, if not invite more reprisal, to pursue redress in the latter case.

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