Archive for category Law & Order
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 »
by Pathma Subramaniam
The Malay Mail Online
December 19, 2014
KUALA LUMPUR, Dec 19 ― A Court of Appeal decision this week which indicated that police may ignore orders if it involves the private rather than the public sphere of life, may drive citizens to take matters in their own hands, lawyers have warned.
On Wednesday, the Court of Appeal ruled in favour of the government and rejected the Ipoh High Court’s order of mandamus to compel the Inspector-General of Police (IGP) recover M. Indira Gandhi’s six-year-old daughter citing the distinction of the role of the police in enforcing laws in the public sphere as opposed to private lives.
The mandamus order, issued in September, was essentially an instruction from the High Court to the top cop to carry out his statutory duty to find and return Indira’s six-year-old child Prasana Diksa and arrest her ex-husband Mohd Ridzuan Abdullah.
Lawyers, who had observed the matter at the appellate court, said that while the court’s ruling was specific to Indira’s case, its consequences may be far reaching.
“The court did not rule on custody but just on the way to enforce the order of custody, however, it will affect all other cases involving private remedy.
“This is dangerous because the underlying message to the public at large is that you have to find your own way to put the remedy into effect,” said Andrew Khoo, the Bar Council’s human rights committee co-chairman. Read the rest of this entry »
Over 5,000 pages are missing from the RCI Report on Illegal Immigrants in Sabah released by the government on Dec 3 – call on Najib to immediately release the missing pages
Firslty, let me thank the packed capacity for attending this forum organised at very short notice for taking part in a straw vote by show of hands that not a single person in this hall support the Royal Commission of Inquiry on Illegal Immigrants in Sabah (RCIIIS) Report released in Kota Kinabalu on Dec. 3, and the unanimous show of hands showing disappointment or rejection of the RCIIIS Report.
This is confirmation of the deep and widespread disbelief, dismay and disquiet by the people of Kota Kinabalu and Sabah over the RCIIIS Report, which has been such a great letdown after the high hopes and expectations of the people that finally, there would be a solution to the four-decades-old problem of illegal immigrants which has changed the political demography in Sabah as well as the social, economic and security circumstances and landscape for Sabahans.
In fact, I had said – and I find confirmation tonight – that if the RCIIIS Report had been released before the 13GE in May last year, Datuk Seri Najib Razak would not be the Prime Minister today, and that if a Sabah state general elections is held now, the RCIIIS Report will be one issue which will be cause of the downfall of the UMNO/BN State Government in Sabah. Read the rest of this entry »
Malaysian government has a very funny way of celebrating Human Rights Day in 2014 – by summoning the US envoy for expressing support for human rights in Malaysia!
The Malaysian Government has a very funny way of celebration the Human Rights Day yesterday on 10th December 2014 – by summoning the United States Ambassador Joseph Yun to expressing support for human rights in Malaysia!
What was Yun’s offence?
In an interview with Malaysiakini, Yun said that the Prime Minister Datuk Seri Najib Razak’s decision to retain the Sedition Act raised human rights concerns.
Foreign Minister Datuk Seri Anifah Aman disagrees, claiming that the Sedition Act 1948 does not hinder a vibrant democracy and a “preventive measure to ensure that no parties would incite religious and racial tension that could jeopardize peace and stability in the country”.
Anifah may even believe that Yun’s remarks were unwarranted and disappointing, but is this justification for him to flex his muscles and call up the US Ambassador for a “dressing”?
Why don’t Anifah go the whole hog and demand that the United States President Barack Obama recall Yun and replace him with a more amenable Ambassador – as Anifah will only joining the lengthening list of Cabinet Ministers who are making a fool of themselves in both the national and international arena? Read the rest of this entry »
Najib’s Sedition Act U-turn was to court instant popularity at UMNO General Assembly and had nothing to do with any professional security assessment
The United States Ambassador to Malaysia Joseph Y. Yun said the United States is “puzzled” with Prime Minister Najib Abdul Razak’s decision to backtrack and retain the Sedition Act.
The answer is very simple – Najib’s U-turn on the Sedition Act was to court instant popularity at the UMNO General Assembly and had nothing to do with any professional security assessment of the country’s laws.
This was why the former Information Minister, Tan Sri Zainuddin Maidin, blogged a day after Najib’s U-turn on the Sedition Act in his presidential speech at the UMNO General Assembly on Nov. 27:
“If Datuk Seri Najib is a smart politician, he would be able to understand that the thunderous applause of the delegates, who welcomed his announcement to maintain the Sedition Act, was actually Umno’s rejection of his leadership that is liberal and weak.
“If he hadn’t made that announcement, all the Umno members would have buried him, and his future in Umno would have been destroyed.”
Zainuddin seemed to be sounding a note of regret that Najib pre-empted the “burial” which UMNO rightists and extremists were preparing for the Prime Minister at the UMNO General Assembly. Read the rest of this entry »
Why didn’t Muhyiddin tell Obama to “shut up and mind his own business” when the United States President praised Malaysia at the United Nations General Assembly in September and yet bristle with rage over Biden’s tweets?
Deputy Prime Minister Tan Sri Muhyiddin Yassin is the highest government leader to fly into a rage at the United States Vice President Joe Biden’s tweets expressing concerns about the Sedition Act and other laws being used to stifle the opposition, as well as expressing hope that Anwar Ibrahim’s final appeal against his Sodomy II conviction would give Malaysia a chance to put things right and promote confidence in its democracy and judiciary.
Why didn’t Muhyiddin tell the United States President Barack Obama to “shut up and mind his own business” when Obama praised Malaysia at the United Nations General Assembly in September and yet bristle with rage over Biden’s tweet?
Muhyiddin should have told the United States President that Malaysia does not need his praises!
In any event, is this the position of the Prime Minister and his Cabinet?
In fact, the Umno/Barisan Nasional Cabinet Ministers and government were in seventh heaven at Obama’s praise at the UN General Assembly in September, with the Prime Minister, Datuk Seri Najib Razak immediately claiming at a black-tie dinner attended by Malaysian students in New York the next day that Malaysia topped the list of countries praised by the United States President for developing entrepreneurship and heading towards an advanced economy. Read the rest of this entry »
Mohd Zaidi and Mashitah’s racist, extremist and incendiary hate speeches at UMNO GA are “must watch” videos on YouTube for all Malaysians to realize that the time has come for moderates regardless of race or religion to unite to Save Malaysia by marginalizing extremism and promoting wasatiyyah
The extremist and incendiary hate speeches by two UMNO General Assembly delegates Mohd Zaidi Mohd Said (Penang) and Mashitah Ibrahim (Kedah) should be “must watch” videos on You Tube for all Malaysians to realize that the time has come for moderates regardless of race or religions to unite to save Malaysia by isolating and marginalising extremism and promoting wasatiyyah or moderation.
The Prime Minister Datuk Seri Najib Razak had been preaching to the world in the past four years – three times at the United Nations General Assembly since Sept. 2010 – that “the fight against extremism is not about Christians versus Muslims, or Muslims versus Jews, but moderates versus extremists of all religions”, and calling for a “coalition of moderates – those willing to reclaim their religion and pursue the path to peace”.
Unfortunately, Najib has allowed extremists in UMNO free rein, to the extent that UMNO delegates could even make extremist and incendiary hate speeches in the face of Najib, Deputy Prime Minister, Tan Sri Muhyiddin, Home Minister Datuk Seri Zahid Hamidi and the whole phalanx of UMNO Ministers and leaders at last week’s UMNO General Assembly, enjoying immunity and impunity from sanctions of the law.
More than two months ago, at an UMNO Lumut function, Zahid swore: “As the minister responsible for the Royal Malaysian Police, wallahi billahi tallahi (I swear to Allah) that if police reports are lodged against any individual who impinged on a sensitive issue, the police will start investigations immediately, if possible within 24 hours.”
Why then the silence and inaction by the police to the numerous police reports which had been lodged against Mohd Zaidi and Mashitah for sedition and other crimes of hate speech in the past few days – well exceeding the 24-hour deadline in Zahid’s public oath? Read the rest of this entry »
Will the PM, DPM, Home Minister and all UMNO Ministers co-operate with the police in investigations into the seditious and hate speeches made by two UMNO delegates at last week’s UMNO GAs?
Are the police waiting for the “green light” by the Home Minister, Datuk Seri Ahmad Zahid Hamidi before they dare to move on the various police reports and investigate sedition and other hate crimes committed by two UMNO delegates Mohd Zaidi Mohd Said (Penang) and Mashitah Ibrahim (Kedah) at last week’s UMNO General Assemblies?
From Zahid’s “war-mongering” speech during the winding-up of the UMNO General Assembly on Saturday, he seemed to have usurped the powers of everybody and arrogated to himself the sole powers of deciding whether a person has committed sedition, whether the police, the Attorney-General or even the Judiciary – a sort of one-man arbiter combining the powers of “judge, jury and executioner” on sedition offences to the extent that he could pride himself for being described as a “hardcore” or “fundamentalist” Home Minister, bragging that 40 people had been prosecuted under the Sedition Act in 2010 and 12 this year and more to come, especially after the retention of the Sedition Act after being “fortified”.
Many Malaysians are shocked by Zahid’s “war-mongering” performance in his winding-up speech last Saturday, for no Home Minister under six Prime Ministers in the past 57 years had misbehaved like Zahid at the UMNO General Assembly last Saturday. Read the rest of this entry »
— Catholic Lawyers’ Society
Malay Mail Online
October 31, 2014
OCTOBER 31 — The Catholic Lawyers’ Society, Kuala Lumpur (CLS) is deeply disappointed that the Attorney General (AG) will not prosecute Datuk Ibrahim Ali for his calls to the Muslims to seize and bum the Bahasa Malaysia version of the Holy Bibles on the basis that the latter was only defending the sanctity of Islam.
The Federal Government has echoed similar statements through Nancy Shukri, de facto Minister of Law in parliament on October 7, 2014. With respect, both the AG and the Federal Government has done a disservice to the people of Malaysia. By condoning the AG’s decision not to prosecute Datuk Ibrahim Ali, the Federal Government has failed in its responsibility to defend the minorities in the country.
The Christian communities have lived under the threat of constant aggression by some who are bent on creating religious intolerance. However, prosecution of such insidious acts have been few and far between. Some of these examples as reported in the media include: Read the rest of this entry »
COMMENTARY BY THE MALAYSIAN INSIDER
31 October 2014
In most countries, civil servants who do not obey cabinet directives are disciplined. But in Malaysia, cabinet ministers have to appeal or cajole civil servants to follow government directives or the law.
The latest is the Royal Malaysian Customs Department’s move to seize some 300 Christian CDs and books containing the word Allah from Sabahan pastor Maklin Masiau in klia2 last week.
Masiau’s case is not the first, and is most likely not the last despite assurances from Putrajaya that it respects the religious rights of all Malaysians under the Federal Constitution. Read the rest of this entry »