Archive for category Law & Order

Putrajaya seeks stiffer penalty against Karpal for sedition

by V Anbalagan
The Malaysian Insider
April 04, 2014

Veteran lawyer Karpal Singh, who was fined RM4,000 for sedition last month, could now be jailed after prosecution filed a cross appeal, urging the court to impose a stiffer penalty.

Karpal was found guilty of sedition and fined by the Kuala Lumpur High Court on March 11.

However, he told The Malaysian Insider yesterday that he received a copy of the notice of appeal filed by the prosecution, urging the Court of Appeal to enhance the sentence.

“They want me in jail,” said Karpal, who stepped down as DAP chairman following the conviction and sentence last month.

“Well, they are entitled to file a cross appeal.” Read the rest of this entry »

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Call for a high-powered squad comprising MCMC, Police and representatives from BN and PR, to clean up social media of incessant incitement of racial and religious animosities and hatred through lies and falsehoods to set Malaysia aflame

The latest criminal harassment and intimidation of DAP National Vice Chairperson and MP for Seputeh Teresa Kok for her “Onederful Malaysia CNY 2014” video must be condemned in the strongest possible terms.

The police should act under Section 124A of the Penal Code which provides for up to seven-year jail sentence for the offence by anyone who “attempts to overawe by means of criminal force” a Member of Parliament from exercising her lawful powers.

Last night, Utusan Malaysia had, around midnight, sent an SMS alert stating “Seputeh MP Teresa Kok was slapped by an unknown man after a ceramah at Taman Permatang Pauh at 11.30 pm”.

However, the Umno-owned daily soon issued a correction stating that Kok had not been slapped but was instead “handed” a rotten egg by a man, which later broke when they shook hands. Read the rest of this entry »

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IGP should stop talking tough and start acting swiftly against irresponsible and reckless elements who want to cause racial and religious disharmony and strife through incessant incitement of racial and religious animosities and hatred

Enough of the Inspector-General, Tan Sri Khalid Abu Bakar talking tough as he should start acting swiftly against irresponsible and reckless elements who want to cause racial and religious disharmony and strife through incessant incitement of racial and religious animosities and hatred.

Why is Khalid talking about the use of any law, including Security Offences (Special Measures) Act 2012 (Sosma), inciting racial tension when the police has not even sent investigation papers to the Attorney-General’s Chambers to arrest and for charges to be laid against those responsible for the self-styled “Council of Islamic NGOs’ “chicken and slap” demonstration in Kuala Lumpur on Feb. 6 where a slew offences had been committed including criminal intimidation, sedition, incitement of violence against a woman, incitement of violence against a Member of Parliament, incitement of another May 13 riots?

For more than three weeks, not a single person had been able to step forward to point out where DAP National Vice Chairperson and MP for Seputeh Teresa Kok’s “Onederful Malaysia CNY 2014” video is anti-Malay, anti-Islam and anti-Rulers, although I said I would ask Teresa Kok to withdraw and apologise for the video if there is such evidence.
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Is Zahid seriously suggesting that it is perfectly lawful and permissible to organise public demonstrations to offer RM1,200 to anyone to slap the PM, DPM or Home Minister?

Overnight, Malaysians are asking whether the law of the jungle have replaced the rule of law in the country on our way to a fully developed nation status in six years’ time in 2020.

This follows the shocking statement by the Home Minister, Datuk Seri Dr. Ahmad Zahid Hamidi who dismissed calls to investigate the organisers of Thursday’s chicken slaughter protest against DAP MP Teresa Kok, and who dismissed the RM1,200 reward offered by the self-styled “Council of Islamic NGOs” who slaps Teresa saying “there is nothing to investigate as it is not a threat”.

He said: “Why do we need to investigate that?

“Slapping is not a threat. If they say murder, then it is a threat.”

Is Zahid seriously suggesting that it is perfectly lawful and permissible to organise public demonstrations to offer RM1,200 to anyone to slap the Prime Minister, the Deputy Prime Minister or the Home Minister?

Is the Home Minister advocating the law of the jungle instead of the rule of law? Then we are not heading towards a fully developed nation in 2020 but down the abyss to a failed state by the end of the decade!
Read the rest of this entry »

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Needed – Kajang Declaration on Sanity

Azly Rahman
Malaysiakini
Feb 7, 2014

Blatant racism, religious bigotry, school culture degenerating, public display of hatred, urging this or that kind of jihad at times for reasons unknown, the vigilantes taking over when law and order seem to be at a critical breaking point, mass feeding of the public with stories that hath no educational value and even devoid of moral sensitivity, frequent public protests plagued with character assassinations rather that the focusing on issues to be collectively addressed as a nation, parang-wielding robberies in broad daylight on an almost weekly basis, rising number of cases of children missing, political moves crafted and executed in desperation that weaken due process in democratic culture sorely in need of sane progression, politicians producing statements in arrogance on pressing devoid of intellectual depths, the intensification of effort by fascist groups to incite violence progressively in hope that the bloody riots of May 13, 1969 is to be re-enacted on a larger scale perhaps.

The media as a technology of consciousness shaper both at the level of Grand and Subaltern Narratives have been successful in playing the role of creator of peace and destroyer of it, as if there is no difference between good and evil in the way we use the materials to build this nation. Read the rest of this entry »

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All pain, no gain

Dean Johns
Malaysiakini
Jan 3, 2014

Far from the analgesic or even anaesthetic effect he intended, Prime Minister Najib Abdul Razak’s claim in his New-Year message that he “feels the rakyat’s pain” served only to reinforce for most of us the fact that he is the rakyat’s pain.

In other words, Najib is the present-day prime example, principal promoter and very personification of the chronically painful BN regime.

And since the moment BN demonstrated the true depth of its contempt for the Malaysian people by presenting this pompous hypocrite with the nation’s premiership, he’s proven nothing but a pain and produced not a grain of gain.

Except, of course, to himself, his relatives, accomplices, cronies and others that his reign has kept aboard the BN gravy-train, while the rest of the country has been going steadily down the drain.

‘Drain’ being the operative word when it comes to Najib’s ‘management’ of Malaysia’s finances, of which untold billions have been stolen and illegally smuggled overseas, and further countless billions squandered on bribery, vote-buying and sundry other forms of corruption.

And ‘brain-drain’ being the most appropriate term for how Najib and his operatives have otherwise continued to prove the bane of ‘ordinary’ Malaysians, considering the steady decline in public education over which they have so preposterously presided, and their continued efforts to keep the people ignorant by denying them their constitutional right to a free and informative press.

In short, so far from feeling the people’s pain as he so piously feigns, Najib appears positively sadistic in his intent to inflict more of the same. Read the rest of this entry »

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Zahid Hamidi, stop making Malaysia a laughing stock

– Dyana Sofya
The Malaysian Insider
December 18, 2013

Dear Zahid Hamidi, what happened to innocent until proven guilty?

The controversy surrounding Zahid Hamidi and Mat Sabu where the minister claimed that Mat Sabu is a Shiite, followed by the Ministry of Home Affairs’s 10 pieces of evidence to back the claim, has become the laughing stock throughout the nation.

Soon after, the ministry covered up by saying that the 10 pieces of evidence are only Grade B evidence, and that it would soon provide Grade A evidence to prove the Minister’s claim.

Not just that, Mat Sabu was asked to prove his innocence or rather his non involvement with Shiite movement.

Dear Minister of Home Affairs, what happened to rule of law where one is innocent until proven guilty? Read the rest of this entry »

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So, who killed Altantuya? And why?

NEWS ANALYSIS BY JAHABAR SADIQ, EDITOR
The Malaysian Insider
August 23, 2013

Seven years on, no one has paid the price for the death of Altantuya Shaariibuuu. And no one knows why the pretty Mongolian was killed one night in October 2006.

But today’s Court of Appeal decision does not close the file on her mysterious murder.

Instead, the ruling to acquit former chief inspector Azilah Hadri and former corporal Sirul Azhar Umar raises more questions than ever.

Who killed her? Why? Read the rest of this entry »

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Demanding that the accused prove innocence is utter rubbish!

— P Ramakrishnan
The Malay Mail Online
August 13, 2013

AUG 13 — The accepted legal norm is that the accused is innocent until proven guilty. That is the basic law. That is the golden thread of the law. That is the basis of justice.

It appears that Ranjit Singh Dhillon, the Penang Bar Committee’s criminal law chairman, has totally ignored this time-honoured principle by demanding that Dato Seri Anwar Ibrahim and Karpal Singh declare their assets to prove their innocence. This is ridiculous!

If this was Ranjit Singh’s personal view, that would be of no consequence. But this view was stated in his capacity as an official of the Penang Bar – that makes it preposterous!

Malaysians would like to know if the Penang Bar shares Ranjit’s absurd view or does it disassociate itself from this view? This must be stated immediately and clearly. Malaysians should not be left wondering what has happened to the Penang Bar. Isn’t justice and fairness the paramount concern of the Bar? This must rightly be so.

Ranjit’s sober position should have been to ask the accuser to make a police report and provide the MACC with the so-called evidence in his possession that suggests that there was corruption in the conduct of these two Pakatan leaders. In this manner, he would have facilitated the commencement of criminal investigation by both the police and the MACC. Unfortunately, Ranjit did not do this. He did not promote the cause of justice.

What are the facts? Read the rest of this entry »

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Joseph Kurup: Minister of unity or disunity?

— Ravinder Singh
The Malay Mail Online
August 11, 2013

AUG 11 — Speaking at the 30th anniversary dinner of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) Joseph Kurup, Minister in the Prime Minister’s Department in charge of National Unity, said “We can’t allow issues that might just be a storm in a teacup take a turn for the worse, abruptly turning it into a perfect storm, destroying what took us years and years to build.” Beautiful words!

He also said the government has “taken a zero-tolerance approach and sometimes contentious position on religious bigotry”. Empty words, at least until now!

Racial and religious provocations by the likes of Ibrahim Ali (burn the Bibles), Ridhuan Tee (about Thaipusam), Zulkifli Nordin (Hindu deities), and some other Muslims have been going on not for days, but for years. Yet, not a murmur from the minister of national unity until the chest beating at the dinner.

The minister should state openly his stand on racial / religious bigotry — what does it mean to him? Read the rest of this entry »

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Stupid Prank and Double Standards

By Kee Thuan Chye
msn
23 July 2013

Alvin Tan Jye Yee and Vivian Lee May Ling, collectively known as Alvivi, are now in prison, awaiting trial. The judge denied them bail after they pleaded not guilty to three charges related to alleged sedition, causing enmity between people of different religions, and displaying pornographic pictures on their blog.

The charges – under the Sedition Act, the Film Censorship Act and the Penal Code – are pretty serious. If found guilty, they could go to jail for some years. Not a bright prospect for two supposedly smart people in their mid-20s.

But why were they not granted bail? What further harm could they inflict? Whom could they harm? How severe, really, is their offence? Even people charged with committing far worse offences, like rape, have been given bail.

Attorney-General Abdul Gani Patail says Alvivi were denied bail because of their tendency to post content on their blog that could potentially anger the public.

I think that’s being presumptuous. It is not backed up with any evidence. Besides, potentially angering the public is a poor excuse. And since we are engaging in making assumptions, I would hazard that it’s very unlikely that the duo would still opt to arouse public anger after having faced those serious charges. In fact, even before they were arrested, they had already apologised. Read the rest of this entry »

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Stop this public lynching

by Dr. Lim Teck Ghee
Friday, 19 July 2013

Commentary

The decision of the AG to charge Alvin Tan and Vivian Lee marks the half-way point in the public lynching of these two young people.

What were they guilty of?

A moment of unthinking madness; an act of stupidity and idiocy; a prank in bad taste; racial and religious insensitivity; youthful arrogance – yes, these criticisms and much more in the way of scorn and public shame and odium can be heaped on their foolish and misguided attempt to draw attention to themselves.

But to charge them for sedition and for a criminal act under the penal code! And then to deny them bail as if they are a major threat to public peace and order. Please!

Let us not forget that prominent politicians guilty of even more in your face racial and religious taunting have got away scot free, with the last notable racist political figure even put up as a candidate during the recent election. And what about even earlier incidents such as kris brandishing? Read the rest of this entry »

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End impunity for the powerful, reform institutions

– Josie Fernandez
The Malaysian Insider
July 18, 2013

Corruption with impunity is undermining democracy, socio-economic advancement and the independence of Parliament, state and legislature in Malaysia.

Corruption with impunity is a major challenge stifling efforts to reform institutions such as the Elections Commission, Malaysian Anti Corruption Commission, the Police and Political Parties. Election fraud is another indicator that impunity has been institutionalized.

Reforms proposed by civil society groups such as Transparency International Malaysia to restructure the Elections Commission, for a more independent MACC and for removal of laws that curtail the independence of the media have been ignored by the government.

Recent surveys such as the Transparency International Global Corruption Barometer (GCB) 2013 results have shown that approximately 70 percent of the Malaysian Public does not have faith in the government. Results from the GCB 2013 reveal that the public perceive the police to be the most corrupt, followed closely by political parties, civil servants and the Parliament/Legislature.

Bad behavior in Parliament is yet another strong indicator that impunity is the driver of such behavior. Often the prosecution of political and public officials is hindered by collusion, interference of government bureaus, personal influence and institutional pressures. Read the rest of this entry »

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21st Century Courts, 20th Century Mindset

― Fahri Azzat (Loyarburok.com)
The Malay Mail Online
July 14, 2013

JULY 14 ― You lost your case. The judge decided against you because he found the other side’s witnesses more credible compared to yours and so preferred their testimony to your witnesses’. You complain loudly to any who care to listen, ‘How the hell can the judge prefer their witnesses over mine?’ You angrily tell your lawyer to appeal.

But if your lawyer was honest with you, he will tell you not to bother. Don’t waste your time, money and effort, he should tell you. If you ask why, he will tell you that the appellate court almost always trusts the trial judge’s assessment of a witness’ credibility. They will only depart from it in exceptional cases when the trial judge got it so perversely wrong.

The reason for this was alluded to in the recent Federal Court decision of Isidro Leonardo Quito Cruz v PP [2013] 2 CLJ 1025. It arose when Abdull Hamid Embong FCJ explained why appellate courts did not make finding of facts. He referred to the Privy Council decision of Antonio Dias Caldeira v Frederick Augustus Gray [1936] MLJ 137 (decided on 14 February 1934) which held as follows:

“Now, it settled law that it is no part of the function of an appellate court in a criminal case or indeed any case to make its own findings of fact. That is a function exclusively reserved by the law to the trial court. The reason is obvious. An appellate court is necessarily fettered because it lacks the audio-visual advantage enjoyed by the trial court.” So the appellate court’s reason for not reviewing the credibility of the witnesses during the trial and accepting the trial judge’s opinion on them is because it lacks the audio-visual advantage of the trial court.

Although that may be an acceptable reason in 1936, it is seems incongruous, if not perverse in 2013. After all, audio-visual equipment is now cheap, mobile and ubiquitous. Read the rest of this entry »

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You can’t teach an old politician new tricks

Zan Azlee
The Malaysian Insider
Jul 12, 2013

What happens when an elected representative does something in office that is against the wishes of his electorate?

To be more specific, what if he does something without consulting his constituency and is mainly for his own personal benefit?

Well, in most cases around the world, this would be unethical and the elected representative would come under heated pressure and probably lose in the next election.

But in Malaysia, it happens to be quite all right. Because, you see, in this country, elected leaders are one step higher than normal people.

What they say is like gospel for everybody. Don’t believe me? Then check out our newspapers. It is filled with elected leaders saying this and that as advise for the people.

Take for example, the new Home Minister, Datuk Seri Zahid Ahmad Hamidi, who recently said that the Sedition Act should not be abolished.

He says this with full aplomb as if his judgement is the right one and should be the decision best for the country.

In truth, the Sedition Act is as archaic as the ISA and a sack of fosillised mammoth bones that is about to turn into petroleum and then processed by Petronas.

At the moment, the Sedition Act cover is just too wide and vague that it allows the authorities a lot of leeway for manipulation. So, it deserves at least an update.

Even the Prime Minister, Datuk Seri Najib Razak, announced much earlier (many times, even) that the act would be abolished. Read the rest of this entry »

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Panacea to reduce crime?

— Lim Sue Goan
The Malay Mail Online
July 08, 2013

JULY 8 — Prime Minister Datuk Seri Najib Razak made a legal reform pledge on the eve of the Malaysia Day in 2011, which was indeed a sign of democratic progress. However, the legal reforms have been questioned. Would the government backtrack?

Home Minister Datuk Seri Dr Ahmad Zahid Hamidi refuses to support the abolition of the 1969 Sedition Act. At the same time, Home Ministry and the police blame the abolition of the Emergency Ordinance (EO) for causing the deterioration of public security and thus, the government is developing a special preventive law similar to the EO.

It was a right move for Najib to announce the abolition and amendments for some draconian laws, as these undemocratic laws had violated human rights and fundamental freedom. They were also accused to have been used against dissidents.

For example, student activist Adam Adli Abdul Halim; Tamrin Ghafar, son of late former Deputy Prime Minister Tun Ghafar Baba; Anything But Umno (ABU) leader Haris Ibrahim and three others were charged with sedition in May. Also, six Socialist Party leaders were detained under the EO.

In fact, as early as in 2005, the Royal Commission of Inquiry (RCI) Report had proposed the abolition of the EO as the Act was “outdated and might become a tool to infringe fundamental freedom”. The EO allowed for 60 days’ detention without warrant or trial, depriving detainee’s right to seek legal defence. Therefore, the announcement to abolish the Sedition Act and the EC was in line with public opinion. The authorities should not resurrect the laws, regardless of whatever excuses. Read the rest of this entry »

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Husam’s two-day remand must be condemned by all right-thinking Malaysians as it constitutes a gross abuse of power

The two-day remand of PAS Vice President Husam Musa by the police on grounds of investigations under Section 4 of the Sedition Act 1948 must be condemned by all right-thinking Malaysians as its constitutes a gross abuse of power and proof that nothing has changed as far as “transformation” to restore the independence, impartiality and professionalism of national institutions is concerned.

Malaysians are asking why the police have not even questioned, let alone remanded, former Prime Minister Tun Dr. Mahathir Mohamad who had been guilty of making a series of seditious statements before, during and after the 13th General Elections, utterly reckless of the damage he was doing to inter-racial harmony with his racist lies and falsehoods.

Similarly, Malaysians also want to know why the former Court of Appeal judge, Mohd Noor Abdullah had not been questioned, let alone remanded in a police lock-up, for making the most racist and seditious speech in the country in the past four decades when he warned that the Chinese Malaysians must be prepared for a backlash from the Malay community for their “betrayal” in the recently concluded 13th general election.

With Husam’s two-day remand, Malaysians are being told that the days of selective prosecution, discriminatory treatment and abuses of power by those in authority continues to be the order of the day. Read the rest of this entry »

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A ‘C.I.D’ Cabinet

— The Malaysian Insider
Jun 09, 2013

JUNE 9 — Compromised. Insulting. Dangerous.

These three words describe aptly members of the Malaysian Cabinet formed following GE13.

* Compromised

Tengku Adnan Mansor is the least qualified to speak about the rule of law and following the law. This politician was found guilty by the Royal Commission of Inquiry of subverting the course of justice by trying to fix the appointment of judges.

The RCI recommended action against Tengku Adnan and five others for offences under the Sedition Act, Official Secrets Acts, Penal Code and the Legal Profession Act. The government disregarded the findings of the RCI, allowing Tengku Adnan to continue his political career. So today, he is a minister, giving him the platform to preach and lecture Malaysians, as he did when he chastised the Opposition for continuing its mass rallies.

“I would like to advise that we live in a place with law and order…we do not follow the laws of the jungle, “ he said, explaining why the police refused to grant a permit for the Opposition rally in Padang Merbok.

Can someone found guilty of subverting the rule of law talk about law and order? Can a compromised individual take the moral high ground? Read the rest of this entry »

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The chill of sedition laws

Aerie Rahman (Loyarburok)
The Malaysian Insider
May 23, 2013

MAY 23 — Despite it being Spring, London is chilly. Malaysia, so I hear, is extremely hot right now, with friends and family members telling me that the current heat wave is unparalleled to any we’ve had before.

Nevertheless, a chilling effect is haunting Malaysia. This kind of chilly feeling is unable to be insulated by thick clothing, a warm fire or a kiss from a mistress. It seeps into your cold black bones and relentlessly gnaws at them. This is the chill of sedition laws.

Adam Adli is not the victim of the chilling effect. He can continue to say what he wants to say because he’s got nothing to lose. He’s already charged of the act; he might even be a martyr. On the other hand, we, the unfortunate citizens of Malaysia are the victims of this effect, every single one of us.

Of course, by every single one of us, I must qualify that with the fact that not everyone who makes a ‘seditious’ statement is charged with sedition. Some people are exempted from being punished. Selective prosecution or cherry picking is something familiar to Malaysians. In fact, a certain daddy of the “gomo” persuasion would gladly attest to this. This is hypocrisy at its finest.

When a person is publicly muzzled from speaking, we shudder at the thought of us being in his position. What if I’m the one in prison for my anti-establishment rhetoric? What’ll happen to my family? My parents would be so disappointed, and so on. Read the rest of this entry »

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No sobriety or sanity in former judge’s statement

by P Ramakrishnan
Aliran

Decent thinking Malaysians were justifiably shocked that a former judge of the Court of Appeals, Mohd Noor Abdullah, could have expressed views that are so abhorrently out of character for a judge.

There was no sobriety or sanity in his statement.

One would expect such incoherent utterings from the likes of extremists from Umno – not from a judge. But then, he reportedly has some connection with Umno and therefore it should not come as a surprise. Apparently, he is a member of Umno’s disciplinary committee. Read the rest of this entry »

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