Archive for category Law & Order
Malay Mail Online
November 15, 2015
NOVEMBER 15 — We, members of G25, wish to refer to the interview that the Malaysian Insider had with the Attorney-General as published in the Malaysian Insider on 14 November 2015 under the heading ‘Why the snub, Apandi asks Bar Council’.
We wish to make the following comments.
Firstly, we are perturbed to note that the Attorney-General is reported to have said —
‘G25 consists of those have-been government servants, isn’t it? Have-beens.’
With respect to the learned Attorney-General we consider it arrogant, crude and unnecessarily offensive for him to have referred to us as “Have-beens’.
Secondly, Tan Sri Apandi appears to be under the delusion that since we have retired from Government service therefore we could no longer contribute constructive ideas for the good governance of our country. Read the rest of this entry »
Call on Information Department to print a million copies of the Rulers’ Statement on Oct. 6 on their concerns about 1MDB, rule of law and national unity for mass distribution to the public throughout the country
This is the fourth day of the Malay Rulers’ Statement of Tuesday, Oct. 4 expressing their concerns about three national issues causing the crisis of confidence battering Malaysia for the past several months – the 1MDB scandal, the rule of law and national unity in the country.
The UMNO/BN Government’s response to the Malay Rulers’ Statement has gone through various combinations and permutations in the past four days, viz:
*from the initial one of shock and attempt to minimise the adverse impact of the Malay Rulers’ Statement by virtually blacking out the statement in the UMNO-controlled media, printed and electronic;
*the daze-and-haze of the Cabinet at its Wednesday meeting where the Malay Rulers’ Statement was not discussed and no reciprocal action plan produced;
*the belated realisation that the Malay Rulers’ Statement was too potent to be ignored giving way to a campaign to defang its most biting and adverse effects;
*the first official response of the government by way of a statement by the Deputy Prime Minister, Datuk Seri Zahid Hamidi more than 48 hours after the issue of the Malay Rulers’ Statement, stating on the one hand that the government viewed “positively” the Malay Rulers’ Statement while on the other dismissing the Rulers’ Statement by declaring that the government had already taken pro-active steps to address the issues raised by the Rulers;
*UMNO/BN cybertroopers using the social media to plant various versions to “defang” the adverse effects of the Malay Rulers’ Statement such as the message that Malay Rulelrs’ Statement was not directed solely at the Government but concerned all political parties and NGOs, to a revised strategy to suggest that the Statement was aimed at the Opposition and finally, postings to question the mala fide of the Malay Rulers by alleging that the Statement was solely the work of the Keeper of the Rulers’ Seal without consultation with the Malay Rulers and was the handiwork of people associated with former Prime Minister Tun Mahathir.
The Ministers who have commented on the Malay Rulers’ Statement have also done themselves no favour. Read the rest of this entry »
Great misfortune if instead of being a national wake-up call to Malaysians to rise above personal and party interests and unite to resolve the national confidence crisis, the historic Rulers’ Statement on Oct. 6 becomes a new source of national discord and division
It will be a great misfortune for Malaysia if instead of being a national wake-up call to all Malaysians to rise above personal and party interersts and to unite as Malaysians to resolve the national crisis of confidence, the historic Rulers’ Statement of Oct. 6 becomes a new source of national discord and division.
The government has taken more than 48 hours to craft an official response in the form of the statement by the Deputy Prime Minister, Datuk Seri Zahid Hamidi, who said that the probe on 1MDB must follow due process, and should not be hastened or delayed.
He said that any decree by the Conference of Rulers was viewed positively and the government had taken proactive steps to address it.
Such a statement actually says nothing, as it is the classic strategy of adopting a form of language which seems to agree with the concerns expressed by the Rulers while continuing with the directions and approaches which had given rise to the Rulers’ concerns in the first place.
The danger of the Rulers’ statement becoming a subject of national discord and division could be seen from the response of the UMNO Vice President and Defence Minister, Datuk Seri Hishammuddin Hussein who said it was presumptuous to say the Malay Rulers have lost trust in Prime Minister Datuk Seri Najib Razak’s leadership when they called for transparency in investigations into 1MDB and for wrongdoers to be punished. Read the rest of this entry »
Three new and important factors for UMNO/BN MPs to consider what stand they should take in any no-confidence motion against Najib as PM
The Ruler’s historic and unprecedented statement on 1MDB, the thunderous silence of the Prime Minister and the Cabinet to the Rulers’ Statement and
the clarification of the UMNO Vice President and Defence Minister, Datuk Seri Hishammuddin Hussein are three new and important factors for UMNO/BN Members of Parliament to consider as to what stand they should take in any no-confidence motion against Datuk Seri Najib Razak as Prime Minister.
The Rulers’ statement before the 239th Conference of Rulers on Tuesday, 6th October 2015 is historic because it represented a valiant attempt to save Malaysia from “sleepwalking” towards a rogue state with a breakdown of the rule of law and a failed state because of rampant corruption, abuses of power and collapse of good governance.
What the Rulers said were nothing new, but it had the effect of a thunderclap on the populace because simple truths had been forced underground, patriotic attempts to uphold democracy, justice, accountability, integrity and good governance had been distorted as treasonous efforts to undermine parliamentary democracy and sabotage the nation in cahoots with international conspirators; or simply, white has become black and black turned into white.
The Rulers’ statement is like a pail of cold water splashed on a populace which had been drugged either by power or the threat of the abuse of power and represents a final warning of the urgent need for the country to wake up and return to sanity to deal with three urgent problems plaguing Malaysia today – the 1MBD scandal, the parlous state of the rule of law and the frayed and fragile state of national unity in the country.
The Rulers’ statement is unprecedented both in import and content, which makes the silence of the Prime Minister and Cabinet which met for its weekly Wednesday session yesterday, all the more phenomenal, thunderous and unforgivable. Read the rest of this entry »
Parliament should set aside the first two days on Oct. 19 and 20 to debate the historic statement by the Conference of Rulers on 1MDB, rule of law and national unity
Parliament should set aside the first two days of its Budget session on Oct. 19 and 20 to debate the historic statement of the pre-council meeting of the 239th Conference of Rulers as it encapsulated the three major concerns of all thinking and patriotic Malaysians – the RM50 billion 1Malaysia Development Bhd (1MDB) scandal, the parlous state of the rule of law and the frayed and fragile state of national unity in the country.
The Cabinet at its meeting today should agree to set aside the first two days when Parliament reconvenes on Oct. 19 for such a national debate on a motion which could be moved by the Prime Minister himself, another Minister or by the Parliamentary Opposition Leader, Datuk Seri Dr. Wan Azizah Wan Ismail.
The whole nation applauds the Conference of Malay Rulers’ statement asking the government to complete the 1MDB investigations as soon as possible and to take “the appropriate stern action” against all found to be implicated. Read the rest of this entry »
Pakatan Harapan’s Challenge – Turn the crisis-ridden Malaysia into an opportunity to initiate fundamental political and socio-economic changes to transform Malaysia into a vibrant, progressive and forward-looking nation instead of heading in the direction of a failed state
Something has gone very wrong with Malaysia.
How did a country which was hailed as a model of Asian development and set to be one of the “Tiger” economies in the early nineties had so lost its way that it is today battling with a surfeit of negative developments and running the serious risk of becoming the “sick man of ASEAN” en route to become a failed state?
Three events illustrate that this Malaysian disease is reaching a terminal stage.
Firstly, there was yesterday’s charge of artist Bilqis Hijjas for dropping yellow balloons with the words “Justice”, “Democracy” and “Free Media” onto an event attended by the Prime Minister, Datuk Seri Najib Razak and his wife.
This is a reflection of a government which is petty-minded and insular instead of being visionary and inclusive.
Why can’t Najib be charitable and big-hearted enough to laugh off the incident and forgive Bilqis, instead of being vengeful and vindictive, demanding his pound of flesh for Bilqis’ creative and patriotic infraction?
Better still, if Najib could have met up with Bilqis and assure her that he is as concerned as her and others with the goals of justice, democracy and free media! Read the rest of this entry »
19 Sep 2015
Kevin Morais was a pure professional, highly ethical, very hardworking and humble. He possessed no ego of any form.
In his work he was very thorough, often asking as many questions as it required to understand every permutation completely.
He took his work as a prosecutor very seriously, often missing meals, and constantly suffered from red watery eyes from reading law through the night.
He gave his all to the cases he took on and sometimes when witnesses turned hostile or the case went awry for reasons beyond Kevin’s control, it affected him deeply. It hurt him to talk about those cases.
You see, Kevin was married to his work. He had no social life. He took on cases others left behind as if they were too complicated. His dedication to serve justice was uppermost in his mind. He endeavoured to make sense, get a thorough grasp so he could fight for justice. Read the rest of this entry »
Is there a conspiracy involving the Prime Minister, Cabinet Ministers, Attorney-General and Inspector-General of Police pretending not to understand the real nature of national and international concerns about the Altantuya Shaariibuu murder case?
The Prime Minister, Datuk Seri Najib Razak has accused Al Jazeera’s 101 East current affairs programme “Murder in Malaysia” on the 2006 murder of Mongolian Altantuya Shaariibuu as part of an international conspiracy to topple him.
The Attorney General Tan Sri Mohamned Apandi Ali yesterday issued a statement declaring that Najib was never implicated during the course of the trial over Altantunya’s murder.
He said the murder trial was comprehensive with all relevant witnesses being called to testify.
He said: “Every piece of evidence and testimonies of witnesses were subjected subsequently to intense curial scrutiny by both the Court of Appeal and the Federal Court.”
The Inspector-General of Police, Tan Sri Khalid Abu Bakar meanwhile is on a war-path, vowing to investigate the Al Jazeera journalist Mary Ann Jolley under Section 505 (b) of the Penal Code related to “statements with the intent to cause, or is likely to cause, fear or alarm to the public” as well as her informants, although Khalid did not explain how the police is going to investigate the Australian-based journalist as she had been deported from Malaysia in June while carrying out investigations on her programme. Read the rest of this entry »
BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
The Malaysian Insider
9 September 2015
The Bar Council wants its members to give their mandate to take legal action against any person responsible for obstructing investigations into the 1Malaysia Development Berhad (1MDB) fiasco and the case of the RM2.6 billion “donation” channelled into the prime minister’s private accounts.
This is among the suggestions forwarded by president of the Malaysian Bar Steven Thiru, who will move the motion at its emergency general meeting in Kuala Lumpur on Saturday.
Copies of the motion were sent to 16,000 lawyers in the peninsula yesterday.
A copy of the motion, sighted by The Malaysian Insider, also stated that the Bar mandates the council to take steps to affirm and preserve the rule of law, to uphold the Federal Constitution and to protect the administration of justice. Read the rest of this entry »
Call on new AG and IGP to declare whether they will halt the current spate of police arrests and investigations under Section 124B of Penal Code on “activities detrimental to parliamentary democracy” as there is not a single case which contains the required element of being “by violent or unconstitutional” means
I call on the new Attorney-General Tan Sri Mohamad Apandi Ali and the Inspector-General of Police Tan Sri Khalid Abu Bakar to declare whether they will halt the current spate of police arrests and investigations under Section 124B of Penal Code on “activities detrimental to parliamentary democracy” as there is not a single case which contains the required element of being by “violent and unconstitutional” means.
What we are seeing in the past few weeks when Section 124B of the Penal Code has suddenly become a new monstrous weapon by the Najib government to arrest, intimidate and cow Malaysians from standing up for their democratic and constitutional rights is nothing less than a gross abuse of power and perversion of Parliament’s intention for the enactment of Section 124B of the Penal Code in 2012.
Parliament was given the assurance by the Najib Executive that Section 124B of the Penal Code on “activities detrimental to parliamentary democracy” which can send a person to jail for a maximum of 20 years was intended only for those who carried out “activities detrimental to parliamentary democracy” by “violent and unconstitutional means”.
When the tthen de facto Law Minister, Datuk Seri Nazri Aziz was pressed in Parliament in 2012 why Section 124B had not spelt out clearly that it only referred to “activities detrimental to parliamentary democracy” by “violent and unconstitutional means”, Nazri answered that this was understood and even referred to Oxford Dictionary that “activities detrimental to Parliamentary Democracy” means “by violent and unconstitutional means”. Read the rest of this entry »
By Robert Hum
Aug 1, 2015
Mr Paul Low
Malaysian Minister of Integrity and Good governance
Please allow me to add some comments concerning your press statement of July 31, 2015.
Excerpt from your press statement: “I was brought into the federal cabinet specifically to promote good governance and to strengthen transparency and accountability in the government.”
Firstly the all important concept of good governance involves the rule of law, transparency and accountability.
Mr Low, all of these basic points were missing in the unceremonious dismissal of the attorney-general (AG) on Monday by PM Najib Abdul Razak. The incongruent statement of dismissal of the AG due to ill health by the chief secretary to the government smacks of the arrogance and the contempt of the PM for the office of the AG in order to stay in power at all costs.
There was no rule of law evidenced in the dismissal of the AG who was in the process of leading the investigation into the conduct of the PM concerning 1MDB. On the contrary the AG’s dismissal from office by PM Najib is against natural justice and is a direct interference by the PM who is being investigated. Read the rest of this entry »
Is the sacking of AG and DPM a multiple attack on the national institutions including the Press, Parliament, the 1MDB “special task force” comprising AGC, BNM, MACC and Police to save Najib from the 1MDB scandal?
The past 72 hours have deepened the mystery and national foreboding about the sacking of the Attorney-General Tan Sri Abdul Gani Othman, the Deputy Prime Minister, Tan Sri Muhyiddin Yassin and the Minister for Rural and Regional Development, Datuk Seri Shafie Apdal.
The question that is looming ever larger is whether the sackings represented a prelude to a multiple attack on the national institutions including the press, Parliament, the 1MDB “special task force” comprising the Attorney-General’s Chambers, Bank Negara Malaysia, Malaysian Anti-Corruption Agency and the Royal Malaysian Police to save the Prime Minister Datuk Seri Najib Razak from the 1MDB scandal.
The latest political hurricane started with the totally unacceptable reason for the sudden and summary sacking on Tuesday of Gani as Attorney-General who had served as the first legal officer of the Crown for 13 years and two months short of retirement on reaching 60 years old, on the ridiculous ground of “health reasons”. Read the rest of this entry »
Tony Pua, Rafizi Ramli and Tong Kooi Ong looking at criminal charges which may sent them to jail for up to 20 years
The police have said that DAP MP for PJ Utara Tony Pua, PKR MP for Pandan Rafizi Ramli and Edge Media Group owner Tong Kooi Ong are being investigated under Section 124 of the Penal Code.
A senior police source has confirmed with Malaysiakini that the three are being probed for alleged activities detrimental to parliamentary democracy.
Pua, Rafizi and Tong are looking at criminal charges which may sent them to jail for up to 20 years.
The offences of “activities detrimental to parliamentary democracy” are new-fangled offences in Sections 124B to 124N introduced by the Penal Code (Amendment) Act 2012 which was passed by Parliament in 2012, given the Royal Assent on 18th June 2012 and gazetted on 22nd June 2012. Read the rest of this entry »
By P Gunasegaram
Jul 15, 2015
QUESTION TIME For the past few months, the country has been gripped by the 1MDB scandal and mesmerised by all the stories and the allegations made. Meantime, the self-styled strategic development fund, with accumulated debts and payables of as high as RM46 billion, shows no tangible way out of the morass it is in.
Questions were raised as to why it should raise so much of borrowed money mainly to invest in dubious portfolios which it has not properly disclosed in its accounts or anywhere else. Combined with allegations made of money being siphoned off into accounts of businessman Jho Low, which have not been properly rebutted, it provided for a series of unsettling stories.
Even rating agencies’ ratings on Malaysia had to depend on how serious the problem at 1MDB was. To help stem the long slide in the ringgit, the central bank, Bank Negara Malaysia, had to come out publicly to state, although somewhat obliquely, that 1MDB did not pose a systemic risk to Malaysian banks, although some banks’ profitability could be affected.
And then came The Wall Street Journal (WSJ) shock report alleging that US$700 million (RM2.67 billion) were moved into Prime Minister Najib Abdul Razak’s bank accounts at AmIslamic Bank. No such allegation had ever been made against a Malaysian prime minister before.
Najib’s response was weak – the prime minister’s office only said that the prime minister has never taken any money for personal gain without specifically denying the allegations made in the journal. A letter by his lawyers to Dow Jones, the owners of the WSJ, confused rather than elucidated when it asked WSJ to clarify the report to say if it implied that the money came from 1MDB. The WSJ did not say that.
As the nation reeled from this shock announcement and the lack of zeal and specificity in refuting it, the riot at Low Yat happened. The authorities can cry out until they are blue in the face that the incident was not racial but they cannot deny in the face of video evidence that it had very strong racial overtones.
Such an incident happening in the heart of the city, the Golden Triangle area, barely a few hundred metres from the Kuala Lumpur police headquarters, is a severe indictment of the safety standards of our streets and public places which already have a bad reputation in terms of snatch and street crime.
KL residents are asking what this means for the future and what kind of precautions they should take when visiting public places while overseas visitors are querying if Kuala Lumpur is a safe place to visit. Read the rest of this entry »
by Sophie Lemiere, Guest Contributor
15 JULY 2015
In the wake of a brawl in Kuala Lumpur’s Low Yat Plaza, Sophie Lemière looks at how youth, prejudice and mob violence go hand-in-hand with politics.
The Malay word amuck or amok (rage) is the most famous Malaysian export along with palm oil (praised by Nutella lovers) and rubber (praised by everyone). Amok or to run amok has become a global concept to describe any sudden and ephemeral acts of violence to a killing rage. There is no cultural specificity here; we have sadly seen people running amok from Columbine in the USA to Paris and the beaches of Sousse (Tunisia).
Amok is surely the only Malay word the entire world uses, without even knowing its quasi-mystical origins. Anthropologists, psychiatrists and novelists have written extensively on this word, exploring the linguistic roots of amok to the intricacies of a psycho-pathological phenomenon; an unresolved intellectual quest well resumed by Yan Kon. The “pengamuk”, the one who suddenly falls into a violent frenzy, was once seen as a hero: a mystical warrior getting his inner strength from god. Malay mysticism and history is filled with epic stories of such great warriors. Today, that heritage may be found in the hybrid tradition of Silat balancing an intense physical practice and mystic-religious beliefs with prayers to invulnerability charms. Sadly today, for most, the pengamok has lost his nobility and is seen simply as a psycho.
This linguistic-mystic maze is now used to describe a non-event: the rowdy gathering of about 200 people at the empire of electronic goods, Low Yat Plaza in Bukit Bintang (Kuala Lumpur’s entertainment district), following the alleged theft of a mobile phone and consequent brawl. Read the rest of this entry »
Let Khalid reveal who were the police officers sent to Sydney to question Sirul and when to prove Sirul was wrong in accusing the IGP of lying
The Inspector-General of Police, Tan Sri Khalid Abu Bakar is on the losing side in his spat with former police commando, convicted murderer of Mongolian Altantuya Shaariibuu and fugitive in Australia, Sirul Azhar Umar.
Sirul had accused the IGP of lying when the police chief said that he had sent his men to Australia to meet the fugitive.
Sirul, who is currently held in the immigration detention centre in Villawood, Sydney, has categorically denied this in his phone interview with Malaysiakini, declaring unequivocally:
“Let me tell you, there were no officers or police personnel who met me in Australia.
“He (IGP) is lying to the police force and lying to the public with his claims, and is trying to protect his boss.”
Will Najib do what a Prime Minister worth his salt would have done already – immediately suspend Khalid as IGP before Khalid could cause more damage to national and international confidence on police professionalism, the rule of law and freedom of the press in Malaysia
Will the Prime Minister, Datuk Seri Najib Razak do what a Prime Minister worth his salt would have done already – immediately suspend Tan Sri Khalid Abu Bakar as Inspector-General of Police before Khalid could cause more damage to national and international confidence on police professionalism, the rule of law and freedom of the press in Malaysia.
It is clear that Khalid has a very pedantic and worse, most selective and elastic, definition of sedition, where even the most innocuous statements made by Pakatan Rakyat leaders, NGO activists and now certain targetted media, are elastically regarded as sedition, while the most seditious speeches and statements like those made by the Minister for Agriculture and Agro-based Industries, Datuk Seri Ismail Sabri Yaacob, the former Deputy Minister in the Prime Minister’s Department, Datuk Mashitah Ismail and UMNO Permatang Pauh Division Chairman Datuk Mohd Zaidi Mohd Said are arbitrarily interpreted by him as not seditious and therefore not worthy of harsh police action.
The situation is made worse if not hilarious by Khalid’s demonstrated poor command of English where he could find an offence of sedition which no ordinary people would think of, like DAP PJ Utara Tony Pua’s tweet of “Royal my foot” which only Khalid would interpret as an attack on the Malay royalty.
Khalid also twittered an order for police investigation of University of Malaya lecturer Dr. Khoo Ying Hoo for her article “Who owns the police”, miscomprehending it as “criminal defamation” of the police when it was only critical of high-handed police actions.
Then there was the faux pas of the arrest of PKR Secretary-General and MP for Pandan, Rafizi Ramli, humiliating him by making a public spectacle of him in chains and without shoes, in police lock-up purple garb – all because the IGP miscomprehended Rafizi’s circular as a conspiracy to “break out” Anwar Ibrahim from Sungai Buloh prison, which was in nobody’s mind at all!
In other countries, a top police officer or civil servant who had made such three egregious blunders in misjudgment and misconduct would have been hauled up and put on the mat, and would be too ashamed to appear in public at least for a while, but our IGP continues to strut about with neither shame nor remorse? Read the rest of this entry »
by Joseph Sipalan
The Malay Mail Online
March 25, 2015
KUALA LUMPUR, March 25 – The police are acting beyond their legal means by relying on a law provision that has been declared unconstitutional to arrest people for participating in public shows of dissent, lawyers said.
They argued that the authorities cannot continue to detain individuals using disputed laws when the courts have clearly ruled against the admissibility of such legislation, even if an appeal is still pending.
“This is a worrying development. The authorities seem to take the position that just because an appeal is filed, it means there is no finality to the interpretation of the impugned provision,” said civil liberties lawyer Syahredzan Johan.
“This is a deliberate misapprehension of the law,” he added when contacted by Malay Mail Online. Read the rest of this entry »
By Wong Chin Huat
Mar 21, 2015
COMMENT There is perhaps no political debate more mislabelled and misleading in Malaysia than that of the so-called “hudud” law.
Hudud, an Arabic word, is the plural form of hadd (had in Malay), which means ‘limit’. It refers to fixed punishments mentioned in the Quran for certain crimes.
Section 4 of Kelantan’s Syariah Criminal Code II (1993) 2015 listed six types of crimes: sariqah (theft), hirabah (robbery), zina (adultery), qazaf (accusation of adultery without four credible witnesses), syurb (intoxication), and irtidad/riddah (apostasy).
The same is listed in Section 4 of Terengganu’s Syariah Criminal Offences (Hudud and Qisas) Enactment 2002 [Enakmen Kesalahan Jenayah Syariah (Hudud Dan Qisas) 2002].
The Brunei Syariah Penal Code Order 2013 lists two more types of crimes: zina bil-jabar (non-consensual adultery) and liwat (sodomy).
The most well-known of hudud punishments are stoning to death for adultery, and amputation for theft and robbery. Read the rest of this entry »
Azrul Mohd Khalib
Malay Mail Online
Thursday March 19, 2015
MARCH 19 ― The tabling of the Shariah Criminal Code Enactment II 1993 (Amendment 2015) in the Kelantan State Assembly and any move to amend the Federal Constitution to allow for the implementation of hudud at the State and Federal levels needs to be opposed by all right thinking Malaysians.
Personally, I will never support the imposition of hudud in this country. These are my four reasons:
Hudud is not needed in Malaysia. The law should be and is more than just about punishing others. It is about the deliverance of justice.
The penal laws at the centre of hudud were written during a time when harsh measures were necessary to impose peace, order and stability amidst a period of lawlessness, conflict and turmoil. They were guidelines for civilised behaviour formulated when and where there were few laws and men. Hudud was necessary there and at that time. Today, in our country, hudud law is neither necessary nor required.
We already have civil and criminal laws which provide for separate sets of laws and punishments. One of the primary tenets of Islam is about the deliverance of justice. The discourse surrounding the adoption and implementation of hudud in this country has barely made justice a mention, much less a priority. It has, however been very much about politics, punishing other people and posturing to “out-Islam” each other. Read the rest of this entry »