FDI Figures: What's The Real Thing?

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• FDI Figures: What's The Real Thing?
• Open Letter – Cabinet should end the “madness” unleashed in past week
• Bumi Armada, Badass Or Goodfella
• Sinohydro admits flaws in Bakun Dam construction procedures
• In The Global Eye, Najib Throws The Buck To Police: Emergency Rule Possible
• Dimana Akta Yang Melarang Rakyat Memakai Baju Kuning?
• BERSIH: Tentukan Laluan Ke Istana, Kita Akan Patuhi
• Leadership to save this country
• Tak Seindah Wajah
• Kredibiliti SPR: Wan Ahmad Harus Meletakkan Jawatan
• Freedom, Imagined
• I Confess. Not All Lawyers Are Self-Centred. Now Protest! [w/VIDEO]
• Green Ink: Ayah, Anda Wira Saya Membantah Lynas!
• ‘Datuk T’ Sex Video: T For Travesty & Tragedy
• Bersih rally a turning point for democracy
• I’ll wear yellow baju raya
• Malaysia’s season of fear
• Bersih rally a turning point for democracy
• I’ll wear yellow baju raya
• Malaysia’s season of fear

FDI Figures: What's The Real Thing? Posted: 30 Jun 2011 07:45 PM PDT It has been widely reported in the media that International Trade and Industry (MITI) Minister Datuk Mustapa Mohamed said he is confident that the country's foreign direct investment (FDI) will exceed RM30 billion in 2011 as FDI for the first quarter of this year has topped RM11 billion. This compares against the achievement in 2010 of RM29.3 billion. The Minister had further confirmed the 1st quarter achievement in his parliamentary response to me on 16th June where he stated that: Dari segi pelaburan asing, saya ingin berkongsi maklumat Ahli Yang Berhormat bahawa untuk tiga bulan pertama jumlahnya RM11 bilion berbanding RM29 bilion tahun lepas. Bermakna pada tahun ini prestasi pelaburan asing adalah amat menggalakkan berbanding dengan prestasi tahun lepas. (source: Hansard) However a check on the MITI website revealed a completely different set of numbers. While the statistics provided confirmed that "approved" FDI totalled RM29 billion in 2010, the "approved" FDI for the first 3 months of this year showed only a figure of RM4.6 billion, a far cry from the RM11 billion boasted by the MITI Minister. In fact, based on the latest updates from the website, which included the April FDI figures, the amount "approved" was only RM9 billion, still lower than then figure cited by the Minister for the first 3 months. Datuk Mustapa Mohamed should clarify the glaring difference in numbers so that Malaysians and foreign investors will not be confused with the conflicting numbers, while policy-makers are able to measure the progress of the Malaysian investment climate more accurately. In addition, MITI should not only provide numbers for "approved" FDI, but also a comparative set of numbers for "actual" FDI brought into the country post-approval. Over the years, the government has announced many "approved" investment projects which did not materialise. The difference between the 2 sets of numbers is most glaring for the year 2009 where UNCTAD had reported a steep fall in FDI for Malaysia to only US$1.38 billion (RM4.3 billion), only a fraction of the figure provided by MITI which showed US$6.48 billion (RM20 billion) in "approved" investments. The Minister had then admitted that the UNCTAD figure was accurate as it was measuring "actual" investments, as opposed to "approved" investments as published by his Ministry. We look forward to improved FDI performance by Malaysia in the interest of all Malaysians. However, in order to objectively assess our performance, the Government needs to be consistent and transparent in providing all relevant figures. Any attempts to skew our investment figures or provide a less than accurate picture of our climate will only lead to poor policies and ultimately a long term decline in our economic attractiveness.

Open Letter – Cabinet should end the “madness” unleashed in past week Posted: 30 Jun 2011 06:00 PM PDT The Prime Minister, Deputy Prime Minister, Cabinet Ministers. Cabinet should end the "madness" unleashed in past week with police required to arrest those wearing the Bersih 2.0 T-shirt, yellow virtually becoming a colour of crime and "Bersih" a dirty word I am writing this short Open Letter to the Prime Minister, the Deputy Prime Minister and all Ministers to ask the Cabinet at its meeting this morning to end the "madness" unleashed in the past week with the police required to act unlawfully to arrest those wearing the Bersih 2.0 T-shirt, yellow virtually becoming a colour of crime and "Bersih" a dirty word. The statements firstly by the Inspector-General of Police, Tan Sri Ismail Omar warning that lives might be lost despite firm assurances and commitment by Bersih 2.0 organisers and supporters of a peaceful and orderly rally while ignoring the inflammatory incitements and provocations of UMNO Youth and Perkasa and secondly by the Deputy Election Commission Chairman Datuk Wan Ahmad Wan Omar castigating Berish as stooges and "catspaw" of Pakatan Rakyat have raised serious questions in Malaysia and internationally that the two national institutions of the police and the Election Commission could be independent, impartial and professional in dealing with Bersih 2.0 call for free, fair and clean elections in Malaysia. This is the last opportunity for the Cabinet to end the "madness" where the police are required to act unlawfully to arrest those wearing the Berish 2.0 T-shirt as well as other related Bersih 2.0 paraphernalia,virtually criminalising yellow as a colour as well as rendering "Bersih" as a dirty word. The slogan used at the beginning of the Mahathir premiership, which went on for 22 long years, was "Berish, Cekap, Amanah". How low Malaysia has sunk that exactly 30 years later, the word "Bersih" is justification to trigger police repressions! Malaysians and the world are watching. Let not July 9 come to symbolise the degeneration of the Prime Minister's Government Transformation Programme into a repressive regime even worse than the worst of the Mahathir administration with Operation Lalang as its notorious trademark. Bersih Chairman Datuk S. Ambiga has undertaken "to do everything we can to make sure it is peaceful", inviting the police to suggest the route for Bersih 2.0 and "we will follow their directions". The police should extract similar pledges of peaceful and orderly rallies from the Umno Youth and Perkasa counter-protests firmly holding their organisers to their commitments. Let us show the world that Malaysia is capable of holding peaceful and orderly assemblies and rallies without creating any law-and-order problem to demonstrate that under the Prime Minister's GTP, Malaysian democracy has come of age as other developed democracies.

Bumi Armada, Badass Or Goodfella Posted: 30 Jun 2011 06:29 PM PDT Valuation and prospects wise, the new owners of Bumi Armada have done well to instill both in the company. Those with better memories know that minorities got the raw end of the deal when it was privatised. We can sit and complain or reassess the Bumi Armada that is in front of us. FinanceAsia: Bumi Armada, a Malaysian oil and gas services company, has started bookbuilding for what looks set to become the country's biggest initial public offering since Petronas Chemicals raised $4.15 billion in November last year. It will also be the second-biggest listing in Southeast Asia this year after the Singapore IPO of Hutchison Port Holdings Trust, which raised $5.45 billion. The company and its existing shareholders are seeking to raise between M$2.46 billion and M$2.77 billion ($802 million to $903 million) from the sale of a 30% stake, ignoring a challenging market environment that. The shaky markets have forced the withdrawal of 19 IPOs in Hong Kong, Europe and the US during the past month. But sources say there is significant domestic interest for the transaction, which is backed by Malaysian billionaire Ananda Krishnan, and this might convince international investors to take part as well. "Domestic funds pretty much have to buy this," one banker said, citing the size of the deal and the fact that the company is the country's largest provider of ships and floating platforms used by the energy industry. The list of cornerstone investors shows demand from non-Malaysian funds as well. As per the term sheet, Singapore's Great Eastern and UK-based Prudential, both life insurance companies with a large presence in the region, have joined Malaysia's Hong Leong Group, HwangDBS and state-owned investment company Permodalan Nasional in buying a combined 300 million shares. Based on the mid-point of the price range, their investment amounts to about $291 million, or about 34% of the total deal size. The cornerstones will be locked up for six months. Also supporting the deal is the fact that equity investors generally like Malaysia and Southeast Asia. Together with Indonesia and the Philippines, Malaysia's stock market is one of the best performers in Asia year-to-date and Dealogic data show equity issuance from Southeast Asia up 21% to a three-year high of $11.2 billion in the first half. Malaysia accounts for 17.2% of the total issuance. Notably, six of the 10 companies that have debuted on Malaysia's main board this year have also gained from their IPO price. By comparison, 12 of Hong Kong's 18 IPOs above $100 million are still under water. Investors who bought into the $269 million IPO of Malaysian sugar refiner MSM Malaysia Holdings, which closed two weeks ago, will most certainly have no regrets after the stock surged 39.7% on its first day of trading Tuesday. It gained another 3% intraday yesterday before easing back to finish 3.8% lower. Bumi Armada is a classic Ananda Krishnan deal in that the company has already been listed once. It was privatised by Krishnan in 2003, one year after he bought control of the company together with a partner — a business model favoured by the Malaysian tycoon as he seeks to grow his companies without having to answer to minority shareholders. The idea is that once a company has reached a decent size, or after it has been restructured, it will be relisted. The initial intention was to relist Bumi Armada in 2008, but the IPO was delayed due to the financial crisis. The company has set aside 9.1% of the offering for retail investors, while the remaining 90.9% will be offered to institutional investors. Approximately 42.2% of the institutional tranche will go to ethnic Malay investors, also called Bumiputera investors, leaving 57.8% for other buyers. That latter portion also includes two-thirds of the cornerstone tranche, however, which means only 261.9 million shares, or about $254 million (at the mid-point of the price range) of the deal, will be available for other institutional investors, including international accounts. Some 73.3% of the deal is made up of new shares, while the rest are secondary shares sold by existing shareholders. The company will use the proceeds to repay bank borrowings, for capital expenditure and for working capital requirements. The order books will remain open until July 8 and the final price is due to be fixed on that same day. The trading debut is scheduled for July 21. CIMB, Credit Suisse and Maybank are joint global coordinators as well as joint bookrunners together with CLSA, RHB and UBS. -------------------------------------------------- Upcoming IPO Ratings Too many IPOs in such a short time. I can only gauge their business model, prospects, follow through investors after IPO. 10 is the best upside potential. Bumi Armada: 8/10 Inari: 6/10 (solid business, not terribly large float, management looks OK) OldTown: 4/10 (very low barriers to entry, everyone can rattle off at least 3 names doing similar stuff, first mover advantage yes but the other similar players are basically cannabalising the market for all, dubious business plan sustainability) Peter Labs - 6/10 (in the right industry, the group makes and trades animal health and nutrition products which include animal feed additives, environment maintenance products, biological and veterinary pharmaceuticals) Hibiscus Petroleum: 3/10 (let the rating speaks for itself, or do more research on it yourself) Catcha: 3/10 (I rather not say all bad things in one posting, the rating will suffice for now) NOTE: The above opinion is not an invitation to buy or sell. It serves as a blogging activity of my investing thoughts and ideas, this does not represent an investment advisory service as I charge no subscription or management fees (donations are welcomed though). The content on this site is provided as general information only and should not be taken as investment advice. All site content, shall not be construed as a recommendation to buy or sell any security or financial instrument. The ideas expressed are solely the opinions of the author. Any action that you take as a result of information, analysis, or commentary on this site is ultimately your responsibility. Consult your investment adviser before making any investment decisions.

Sinohydro admits flaws in Bakun Dam construction procedures Posted: 30 Jun 2011 05:55 PM PDT Sinohydro admits flaws in Bakun Dam construction procedures Asian Power Sinohydro denied accusations it used unsafe construction methods to build Malaysia's Bakun dam. Nonetheless, it acknowledges that its construction processes it implemented was not in accordance to  correct procedures. NGOs have alleged that Sinohydro, a Chinese state-owned enterprise China's biggest dam builder, improper construction practices in the dam were widespread and pose concerns for its future safety. Malaysia-China Hydro, a joint venture between Sinohydro and Malaysian firm Sime Engineering, is the biggest contractor engaged in building the dam, which will be Malaysia's largest when it is completed next year. The Sarawak Report by  environmental journalist Clare Rewcastle alleged the practice of adding excessive water to cement, regarded as unsafe by the construction industry, was endemic in the building of the dam. "It is well-known that the Chinese contractors were under extreme pressure from the Malaysian government during the period up to 2009 to get the dam finished as quickly and cheaply as possible, after a series of delays and cost overruns," the Sarawak Report said. "It's all supposition," a Sinohydro spokeswoman was quoted saying after seeing the video and photos. "The pictures show workers washing the silo of the machine. We can admit the cleaning process is not correct and doesn't follow instructions," she said. Raymond Abin, national co-ordinator of the Sarawak Conservation Alliance for the Natural Environment, said: "The unsafe practices outlined by the Sarawak Report are true. The group is fighting dam construction in Sarawak, one of two Malaysian states on the island of Borneo." No comments yet.

In The Global Eye, Najib Throws The Buck To Police: Emergency Rule Possible Posted: 30 Jun 2011 06:10 PM PDT Malaysia Chronicle As expected, Malaysian Prime Minister Najib Razak has passed the buck to the police, saying it was up to them to impose Emergency rule as they see fit. With the global spotlight intensifying on the way he was handling a citizens' march calling for free and fair election, the 58-year career politician appeared to have buckled to pressure from right-wing factions within his UMNO party. However, pundits say he is still there holding the steering wheel and pin the responsiblity for any "untoward" incident squarely on him. Pakatan Rakyat leaders urged Najib to issue an immediate clarification so as not to unsettle the people or the financial markets. "He is being very irresponsible to even suggest such a thing? Are we a police state? How can the police bypass a civilian government? Does it make sense and worse of all, doesn't he think about the impact his words as PM will create with such a statement," PKR vice president Tian Chua told Malaysia Chronicle. Not the PM's responsibility At a function in Sabah state, the PM said maintaining law and order was the responsibility of the police and it would be up to them to decide the action to take. "That is up to the police to consider according to the situation. It is their responsibility," Star reported Najib as saying. The PM was asked to comment on speculation that has buzzed around the nation that his BN coalition planned to impose Emergency law to stop the Bersih rally slated for July 9. A day ago, the police chief had warned of the possibility of "loss of life" if the rally was not cancelled, sparking immediate concerns that Najib might use government agents to provoke unrest and pave the way for him to install Emergency rule and cling to power. Najib and the BN coalition fear the rally will spark a wave of social consciousness across the country, much like the Arab Spring had in Egypt and Tunisia. His comments on Thursday suggested as much. "Rallies have the tendencies to bring about mob psychology. That is why we cannot take it lightly. This is something we will find hard to control and if this happens, it will jeapordise the people and country," said the PM. Think carefully, repercussions very serious But civil society leaders, even those who tend to walk on the BN side of the fence, immediately condemned his comments. They urged the PM to stop the 'scare-mongering' which they said was causing great harm to the nation's image and could leave a long-lasting scar on the financial markets and economy. "Unfortunate to even have to reach a stage of thinking about an Emergency. Emergency rule must be out of the question, we would be going back to the days of the Malayan Emergency where the country was fighting the Communists. Then briefly in the May 13, 1960 racial riots," past president of Transparency International Ramon Navaratnam told Malaysia Chronicle. "I urge the PM to seriously reflect. Emergency is not just about security. It will create tremendous and long-lasting repercussions for Malaysia. It signals the death knell for democracy and we could see huge capital flight if he does not immediately correct the impression that he is giving. This is no longer funny. And the solution is not in blaming the opposition or forcing the Bersih to cancel the rally. It is for the government to knuckle down and accept that Malaysia has transormed. The Najib administration must trust its own citizens and not threaten something as serious as Emergency just to hold onto the upperhand." Meanwhile, religious leaders also urged Najib to allow the citizens' march, pointing out that peaceful assembly was a right enshrined under the Constitution. "Any pre-emptive banning of proposed peaceful assemblies would mean that one has no right to peaceful assembly, making the fundamental guarantee illusory. The police have the duty and the capacity to control such assemblies and can designate routes and separate the different groups as has been done during the recent by-elections," the Malaysian Consultative Council of Buddhism Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) said in a statement. Najib chided for irresponsible behaviour The Bersih organisers – made up of 62 of the country's top NGOs – are unlikely to be browbeaten into cancelling the march. To do so would be akin to selling out the citizens who form their members' list and entrust into them the task of fighting for greater democratic rights and space. Bersih chief Ambiga Sreenevasan has assured the police the march will be peaceful and are agreeable to gather at any route suggested by the authorities. Nonetheless, despite the concessions made and repeated invitations to the BN to join the rally, Najib has turned a cold shoulder. He has blamed his archrival Anwar Ibrahim and the Pakatan Rakyat coalition for stirring up the Bersih rally. However, his government has refused to accede any of the 8 election reforms asked by Bersih. (scroll below) "The BN's reasoning that this is an opposition ploy doesn't work. If this is an opposition ploy, anything is an opposition ploy. What is obvious is that the people want this march. They want the election reforms. Now, how difficult is it for Najib as the PM to talk to the Bersih. The people behind Bersih have been NGOs heads for years. We know them for years," said Ramon, a retired top civil servant. "How difficult is it for Najib to agree to some of the reforms. Seriously, some of these are quite good. Things like indelible ink, these are very small requests and yet the BN seems ready to plunge the country into something as serious as Emergency rule. My fervent wish is that the PM takes serious stock of what has happened. Malaysia is at the brink and BN must come to its senses."  - Malaysia Chronicle Overseas sister-rallies to the July 9 Bersih Walk for Democracy Date: 9 July 2011 Time: 3pm Venue: Malaysian High Commission, 4-1 Hannam-dong, 140-210, Seoul Date: 9 July 2011 Time: 12.00pm Venue: Malaysian Consulate in Canberra, Melbourne and Sydney (simultaneous) Date: 9 July 2011 Time: 3.00pm Venue: Tower of the Sun, Osaka Date: 9 July 2011 Time: 10.00am Venue: Consulate General of Malaysia,550 South Hope Street,Suite 400, Los Angeles Date: 9 July 2011 Time: 9.30am Venue: Chrissy Field Picnic Area, Presidio, San Francisco Date: 9 July 2011 Time: 10.00am Venue: Consulate General of Malaysia, 313 East 43rd Street, New York Malaysia Chronicle appends below the 8 reforms drawn up and demanded on behalf of Malaysians by the Bersih committee: 1. Clean the electoral roll The electoral roll is marred with irregularities such as deceased persons and multiple persons registered under a single address or non-existent addresses. The electoral roll must be revised and updated to wipe out these 'phantom voters'. The rakyat have a right to an electoral roll that is an accurate reflection of the voting population. In the longer term, BERSIH 2.0 also calls for the EC to implement an automated voter registration system upon eligibility to reduce irregularities. 2. Reform postal ballot The current postal ballot system must be reformed to ensure that all citizens of Malaysia are able to exercise their right to vote. Postal ballot should not only be open for all Malaysian citizens living abroad, but also for those within the country who cannot be physically present in their voting constituency on polling day. Police, military and civil servants too must vote normally like other voters if not on duty on polling day. The postal ballot system must be transparent. Party agents should be allowed to monitor the entire process of postal voting. 3. Use of indelible ink Indelible ink must be used in all elections. It is a simple, affordable and effective solution in preventing voter fraud. In 2007, the EC decided to implement the use of indelible ink. However, in the final days leading up to the 12th General Elections, the EC decided to withdraw the use of indelible ink citing legal reasons and rumours of sabotage. BERSIH 2.0 demands for indelible ink to be used for all the upcoming elections. Failure to do so will lead to the inevitable conclusion that there is an intention to allow voter fraud. 4. Minimum 21 days campaign period The EC should stipulate a campaign period of not less than 21 days. A longer campaign period would allow voters more time to gather information and deliberate on their choices. It will also allow candidates more time to disseminate information to rural areas. The first national elections in 1955 under the British Colonial Government had a campaign period of 42 days but the campaign period for 12th GE in 2008 was a mere 8 days. 5. Free and fair access to media It is no secret that the Malaysian mainstream media fails to practice proportionate, fair and objective reporting for political parties of all divide. BERSIH 2.0 calls on the EC to press for all media agencies, especially state-funded media agencies such as Radio and Television Malaysia (RTM) and Bernama to allocate proportionate and objective coverage for all potlical parties. 6. Strengthen public institutions Public institutions must act independently and impartially in upholding the rule of law and democracy. Public institutions such as the Judiciary, Attorney-General, Malaysian Anti-Corruption Agency (MACC), Police and the EC must be reformed to act independently, uphold laws and protect human rights. In particular, the EC must perform its constitutional duty to act independently and impartially so as to enjoy public confidence. The EC cannot continue to claim that they have no power to act, as the law provides for sufficient powers to institute a credible electoral system. 7. Stop corruption Corruption is a disease that has infected every aspect of Malaysian life. BERSIH 2.0 and the rakyat demand for an end to all forms of corruption. Current efforts to eradicate corruption are mere tokens to appease public grouses. We demand that serious action is taken against ALL allegations of corruption, including vote buying. 8. Stop dirty politics Malaysians are tired of dirty politics that has been the main feature of the Malaysian political arena. We demand for all political parties and politicians to put an end to gutter politics. As citizens and voters, we are not interested in gutter politics; we are interested in policies that affect the nation. - ENDS This posting includes an audio/video/photo media file: Download Now

Dimana Akta Yang Melarang Rakyat Memakai Baju Kuning? Posted: 30 Jun 2011 05:39 PM PDT Harakah AJK PAS Pusat, Hanipa Maidin berkata, memakai baju kuning berlambang Bersih adalah tidak haram kerana tiada mana undang-undang yang melarang pemakaian baju kuning. "Yang salah dan haram adalah tidak memakai baju dan seluar di khalayak ramai," katanya kepada Harakahdaily. Katanya, polis yang menangkap mereka yang memakai baju kuning berlambang Bersih telah bertindak di luar batas undang-undang dan boleh disaman kerana melakukan tangkapan yang tidak sah. Jelasnya lagi, Perkara 5 [1 ] Perlembagaan Persekutuan secara jelas melindungi mana-mana orang dari dilucutkan kebebasannya (deprived his liberty) kecuali menurut undang-undang. "Menangkap mana mana orang yang memakai baju Bersih sedangkan memakai baju tersebut tidak dilarang oleh mana-mana undang-undang adalah melibatkan pelucutan kebebasan seseorang dan yang demikian ianya melanggar Perkara 5(1) Perlembagaan Persekutuan," ujarnya yang juga pengamal undang-undang. Beliau menyatakan demikian sebagai respons kepada portal Malaysikini semalam yang melaporkan kenyataan Menteri Dalam Negeri, Datuk Seri Hishammuddin Hussein yang menyokong tindakan polis menangkap mereka yang memakai baju kuning berlabelkan Bersih. Ini kerana ujar Hishamuddin adalah haram memakai baju kuning tersebut. Kata Hanipa, bagi Umno dan Hishammuddin janganlah terlalu paranoid dengan warna. Menurutnya, jika satu waktu dulu Umno takut dengan warna hijau Petronas kerana warna hijau Petronas dilihat sama dengan warna bendera PAS, kini warna kuning pula yang ditakuti. "Sampai bila Umno nak takut dengan warna?" soalnya. Mengenai hujah Hishamuddin adalah jika aktiviti Bersih adalah haram, maka memakai baju kuning Bersih juga adalah haram, beliau bekata malang sungguh bagi rakyat Malaysia kerana mempunyai menteri yang ada kelulusan undang-undang tetapi jahil undang-undang. "Saya mengesyorkan kepada Hishammuddin jika pun kamu benci sangat dengan Bersih janganlah sampai menggadaikan maruah dan integriti kamu. "Ada masanya elok juga untuk kita menyembunyikan kejahilan kita," ujarnya. Beliau berkata, haram atau halal sesuatu perkara baik dari segi agama atau undang-undang adalah berdasarkan dalil dan bukannya berdasarkan kenyataan menteri. Mungkin, katanya Hishammuddin boleh tunjukkan kepada kita di bawah peruntukan mana dan di dalam undang-undang mana memakai baju kuning berlambang Bersih adalah satu kesalahan. "Jika kita menerima hujah Hishamuddin memakai baju kuning Bersih adalah haram kerana aktiviti Bersih adalah haram maka secara logiknya jika seseorang terlibat dengan berlumba motor secara haram, maka segala peralatan yang beliau pakai termasuklah helmet, seluar, jacket kulit dan motor yang beliau tunggang adalah kesemuanya haram," katanya lagi.

BERSIH: Tentukan Laluan Ke Istana, Kita Akan Patuhi Posted: 30 Jun 2011 05:35 PM PDT Malaysiakini Di sebalik segala hambatan dan tekanan ke atas penganjuran BERSIH 2.0 pada 9 Julai ini, jawatankuasanya masih berusaha mencari jalan perdamaian dengan pihak berkuasa. Menurut pengerusi BERSIH 2.0, Datuk S Ambiga, mesyuaratnya dengan Tan Sri Ismail Omar berjalan dalam suasana 'mesra' meskipun Ketua Polis Negara itu melahirkan kebimbangannya jika perhimpunan aman itu diteruskan. "Kami maklumkan kepada beliau, kami akan melakukan sedaya upaya bagi memastikan perhimpunan itu adalah aman… Sebab itu, kami cadangkan kepada polis untuk memutuskan jalan yang patut kita lalui dan kita akan ikut semua arahan mereka," katanya kepada wartawan di Bukit Aman selepas mesyuarat berkenaan. Ambiga, diiringi ahli jawatankuasa pemandu BERSIH, Maria Chin Abdullah semasa pertemuan itu berkata Ismail membisu mengenai cadangan itu tetapi tetap optimistik. Katanya, mereka juga meminta Ismail mempertimbangkan cadangan berkenaan dan meminta pertemuan kedua dengan ketua polis negara minggu depan bagi mendapatkan maklum balas berhubung permintaan mereka. "Beliau tak kata tidak dan saya fikir saya agak kelapangan untuk membuat temujanji untuk berjumpa IGP minggu depan. "Kami buat cadangan dan minta polis mempertimbangkannya. "Kami minta mereka, polis… Awak pilih satu lokasi di KL ke Taman Jaya atau mana-mana. Awak pilih, kita akan patuhi." Jaminan BERSIH 2.0 aman Ambiga, yang sebelum ini menerima ugutan bunuh menerusi khidmat pesanan ringkas (SMS) berhubung BERSIH berkata ancaman itu tidak ditimbulkan dalam pertemuan tersebut, mahupun hambatan dan tekanan pihak berkuasa ke atas penganjur perhimpunan itu. Sebaliknya, mesyuarat mereka tertumpu pada perhimpunan berkenaan dan beliau berulangkali memberi jaminan akan memastikan ia diadakan secara aman. Penyokong BERSIH 2.0 dijadual berkumpul di pusat membeli-belah Sogo, Dewan Bandaraya Kuala Lumpur dan masjid Kampung Baru sebelum berarak ke Istana Negara. Perarakan ini bagi menyampaikan memorandum kepada Yang di-Pertuan Agong untuk memohon campur tangan Seri Paduka supaya memastikan pembaharuan dalam sistem pilihan raya negara dilakukan. Ia termasuk melanjutkan tempoh berkempen kepada sekurang-kurangnya 21 hari dan penggunaan dakwat yang tidak boleh dipadam. Kumpulan pendesak Melayu – PERKASA pula mengesahkan empat lokasi berkumpul bagi perhimpunan 9 Julai bagi menolak perhimpunan yang menuntut supaya reform pilihan raya. Mereka akan berkumpul di perkarangan Masjid Negara, Dataran Merdeka, perkarangan Stadium Merdeka dan Istana Negara. Selain itu, Pemuda Umno juga telah meluahkan hasrat mereka untuk mengadakan perhimpunan. Namun lokasi dan jalan bagi perarakan mereka belum diumumkan.

Leadership to save this country Posted: 30 Jun 2011 06:07 PM PDT Each time I write something uncomplimentary about Anwar, some people will say I have a blinkered view of the man. Sorry boys- never met him. Know of him, but never met. So I have no value judgment of the man. I am afraid such counters are manifestation of empty hopes rather than hard-nosed realistic assessment. We hope somehow, through some miraculous and fortuitous turn of events, Anwar can

Tak Seindah Wajah Posted: 30 Jun 2011 05:52 PM PDT Sementara menanti video-video terbaharu Dato' Seri Anwar Ibrahim, kita nikmati dulu senikata lagu ini. Filed under: Current Affairs

Kredibiliti SPR: Wan Ahmad Harus Meletakkan Jawatan Posted: 30 Jun 2011 05:28 PM PDT – KENYATAAN MEDIA UNTUK EDARAN SEGERA – 30 JUN 2011 Saya merujuk kepada kenyataan Timbalan Pengerusi Suruhanjaya Pilihan Raya (SPR), Dato' Wan Ahmad Wan Omar yang dilaporkan oleh laman portal Malaysiakini.com bertarikh 30 Jun 2011 bertajuk "SPR: Ambiga diperalat, BERSIH kian kusut". Menurut laporan tersebut, Wan Ahmad mendakwa bahawa Pengerusi Gabungan Pilihanraya Bersih & Adil (BERSIH), Dato' Ambiga Sreevenasan telah diperalatkan oleh pemimpin politik pembangkang untuk membantu Pakatan Rakyat menawan Putrajaya dalam Pilihan Raya Umum akan datang. Kenyataan Wan Ahmad adalah tidak bertanggungjawab dan menzahirkan watak sebenar beliau yang selama ini dilihat sebagai alat kepada pimpinan UMNO dan sistem yang rosak. Kenyataan sebegini tidak mengambarkan sikap profesional seorang pegawai yang memegang amanah dan tanggungjawab untuk menjamin institusi SPR kekal sebagai badan yang bebas. Adalah malang apabila Wan Ahmad gagal memperlihatkan profesionalisme sebagai penjawat awam yang seharusnya bersifat berkecuali. Ketaatan membuta-tuli beliau kepada UMNO jelas membuktikan beliau gagal membezakan keperluan untuk setia kepada 'government of the day' dengan taat kepada 'governing party'. Beliau turut dilaporkan oleh laman berita The Malaysian Insider sebagai berkata komponen Pakatan Rakyat sudah mula risau dengan kebangkitan Barisan Nasional yang memperlihatkan kemenangan dalam beberapa pilihan raya kecil sejak tahun lalu. Pilihan raya yang bebas dan adil tidak memungkinkan seseorang itu mengetahui siapakah yang akan menang dalam sesuatu pilihan raya. Sebaliknya, apabila Wan Ahmad menzahirkan kenyataannya bahawa Barisan Nasional semakin kuat, maka timbul persoalan apakah beliau sudah merancang sesuatu bagi menjamin kemenangan UMNO dan Barisan Nasional? Kalau inilah peranan yang dicatur oleh Wan Ahmad, maka pilihan raya di Malaysia sememangnya tidak lagi bebas dan adil! Wan Ahmad seharusnya faham dan menghayati peranan SPR yang termaktub dalam Perkara 114 Perlembagaan Persekutuan, di mana SPR merupakan sebuah suruhanjaya yang bertanggungjawab bagi menyelia dan mengelola pilihan raya yang bebas dan adil di Malaysia. Asas utama dalam mengendalikan pilihan raya yang bebas dan adil ialah daftar pemilih yang bersih untuk menjamin tidak berlaku pengundian berganda oleh seorang pemilih berdaftar termasuk undi pos. Saya telah menyahut cabaran Wan Ahmad dan telah membuktikan secara berfakta bahawa Daftar Pemilih Induk 2010 yang diwartakan pada Mei 2011 adalah daftar pemilih yang terkotor dalam sejarah pilihan raya dan dakwaan saya telah diakui benar oleh SPR dalam kenyataan yang dikeluarkan oleh Setiausaha SPR, Kamaruddin Mohamed Baria bertarikh 24 Jun 2011. Wan Ahmad harus memikul tanggungjawab ini dan meletakkan jawatan serta merta. Beliau tidak lagi punyai maruah dan kredibiliti untuk memimpin SPR. Wan Ahmad juga sewajarnya mengetahui bahawa SPR sama sekali tidak boleh berpihak atau mencampuri urusan mana-mana pertubuhan sama ada pertubuhan yang berkaitan dengan kerajaan atau pertubuhan bukan kerajaan (NGO) seperti BERSIH. Lapan (8) tuntutan BERSIH iaitu (i) pembersihan senarai pengundi; (ii) reformasi undi pos; (iii) penggunaan dakwat kekal; (iv) tempoh kempen minima 21 hari; (v) memperkukuh institusi awam; (vi) menghentikan rasuah pilihan raya dan; (viii) menghentikan politik kotor; adalah bertujuan untuk menyuburkan demokrasi dalam negara dan memperkukuhkan sistem pilihan raya yang bebas dan adil. Tuntutan-tuntutan ini sewajarnya dipandang serius dan positif oleh SPR dalam usaha untuk memastikan perjalanan pilihan raya di negara ini dapat dilaksanakan secara telus, bebas dan adil. SPR harus berlapang dada untuk menerima dan melaksanakan cadangan-cadangan yang dikemukakan oleh rakyat demi memperbaiki imej dan kredibiliti SPR yang dilihat sebagai tidak berwibawa dan bersikap berat sebelah. KEADILAN dan Pakatan Rakyat senantiasa mendukung sebarang usaha yang proaktif demi rakyat dan demi menjamin satu sistem demokrasi yang menjanjikan pilihan raya yang telus, bebas dan adil. Sehubungan dengan itu, saya mewakili Parti Keadilan Rakyat (KEADILAN) dengan ini menuntut supaya Timbalan Pengerusi SPR itu menarik balik kenyataan beliau atau meletakkan jawatan serta merta kerana telah menjejaskan kredibiliti SPR. Saya juga mencabar beliau supaya masuk dalam gelanggang politik UMNO dan menyertai Pilihan Raya Umum ke-13! MOHAMED AZMIN ALI Timbalan Presiden

Freedom, Imagined Posted: 30 Jun 2011 05:00 PM PDT A glimpse of ideals. Why can't we be friends? | Source: flickr.com/aalim Imagine this. Tens of thousands of us came from all over to exercise our fundamental rights. In our midst were foreign elements; their presence threatening and encouraging at the same time. The organisers of the event gave us clear instructions: Wear shirts of a certain colour. Be at the designated staging sites at the appointed time. Alternative routes were suggested in case the authorities decided to block access to the sites. Many arrived hours ahead and camped inside their vehicles, counting down the hours to the event we'd all anticipated for so long. And when the time came, friends, families, strangers — Malaysians and, yes, even foreign instigators — all moved in unison, in a sea of one colour. We were determined to get past all the obstacles and challenges that were put in our way. It was a huge event. Traffic came to a standstill. Commuters were affected and businesses no doubt suffered too. At major intersections and roundabouts, we'd come face to face with hostile forces. Car drivers gave us disapproving looks. I personally saw men on motorcycles cussing at us, trying to instigate an incident that would spark a flashpoint. Some of us lost our nerve and fell out of formation. But through it all, from our staging sites to the end of our route, were the men of the Royal Malaysia Police. On their bikes, putting themselves between us and impatient motorists; standing in the middle of intersections, holding back heavy traffic with nothing but their bare hands; walking along with us side by side, making sure we kept within the safe lanes. They encouraged us, smiled and gave us friendly nods as we moved past them. A few asked us to keep up the pace and gently moved us in the right direction. We came together in this movement because of our belief in the cause of freedom. The freedom to express ourselves, to join with others who shared this passion, and to exercise it knowing no one could deprive us of this deep-rooted desire to be free. In so many ways, it was us having a say in where we were headed. We all had different motivations for participating but shared a common destination. And so we moved, all of us wearing our green jerseys as participants of the Standard Chartered KL Marathon. Different events and categories, and for different reasons — a cure for diseases, in memory of loved ones, advocating civil liberties, or just simply to beat last year's personal finishing time. A myriad of causes but the same finishing line. All 22,500 of us — men, women and children. Early last Sunday morning was the first time in a long time that many of us actually felt the police were our guardians, keeping us safe and facilitating that fundamental expression of our humanity. For a while, at least, we didn't have to imagine it. It really did happen. This article was previously published in The Malaysian Insider. Recommended Reads: LoyarBorak #3 (Bhg. 3) -- Negara Islam, Bahagian P... Al-Fatihah: Aminul Rasyid Amzah Why Malaysian Women Should Walk With BERSIH Posted by Adrian Chew on 1 July 2011. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry. Read more article posted by Adrian Chew.

I Confess. Not All Lawyers Are Self-Centred. Now Protest! [w/VIDEO] Posted: 30 Jun 2011 06:32 AM PDT I used to be angry and that gave me the passion to study harder, to try and be a lawyer who does something great for humanity, if not for her country. But over the years, the anger turned into sadness, and then finally, into a vacuum of apathy. Every day, we try very hard to live in a system that is being misused and abused, sometimes even at the expense of our fundamental liberties – our human rights; rights inherent to us as humans. Far too many people get bullied into thinking that this is all there is and all there will ever be. I was sick of it all and I had yet to even start legal practice. So when I finished Bar school in September 2007, I planned to stay on to experience working life in the UK. I knew the Malaysian Judiciary was in a mess. In fact, I thought that the entire legal profession was in stupor and that justice could never exist in my home. Then one day a friend sent me an offline message. She said, "Oh my God. Read the news. Your loyars here are marching to the Prime Minister's office!" When I started reading the news, the words did not quite make sense to me: "Lawyers walking for change!" "JUDICIAL REFORM IN MALAYSIA!" "When lawyers walk, something must be very wrong." "The Malaysian Bar – Walking for Justice" … Apa tu? Well, while I sat there in my chair wrapped in ten layers of cotton and wool, hoping that something wonderful would fall onto my lap, the lawyers back in my country were walking under tropical rain and marching on for a revolution in the Malaysian justice system. I watched the YouTube videos a few days after, and then I saw the then President of the Malaysian Bar giving her speech at the Walk. I thought, wow, the moment I was waiting for ever since I started reading law had just come and gone; and I had done absolutely nothing to be part of that monumental occasion. Instead I had chosen to find a better life elsewhere – far, far away from everything and everyone I knew. I watched this lawyer-mother-wife try to lead a band of people under the rain calling on the Malaysian Government to act against corruption and clean up the justice system. She was calm and assertive at the same time; it was confusing and perplexing! What the hell were these people doing, I thought to myself very quietly. It has been more than 3 years. Shortly after 8 March 2008, I returned to Malaysia. I met many brilliant and fearless lawyers who continue to defend justice and equality relentlessly, who seek to protect the welfare of everyone, and not just for their own interest or those of their clients. I saw the legal profession come alive before my very eyes. And I thought, damn. I wish I was standing there right next to them, where it all began. On 9 July 2011, the very same woman who stood in the rain over 3 years ago will be leading a tide of Malaysians in a rally to tell the Government that we are not happy with the manner in which our electoral process is being conducted; and that we are not happy with money politics, corruption and nepotism. We want the Government of Malaysia to be rid of its attitude of complacency. We are sick of being told to just shut up and listen. We want the future leaders of our country to know that while some of us may have been tranquilised by materialism, the rest of us actually care about the welfare of this nation and we want to have a fair and transparent voting mechanism. Nothing more, nothing less.   BERSIH 2.0 Unggun Bersih | Source: Lot 1699 http://bit.ly/kOLca0 Ambiga Sreenevasan leading the movement for Malaysia's electoral reform this time serves as a strong reminder of why I had decided to be a lawyer in the first place. It reaffirms my lost conviction that not all lawyers are self-centred, greedy, shallow stabs. On 9 July 2011, I will mark a day in my life where I will be walking with one of the greatest lawyers ever, who will flood the streets of KL with her strong sense of justice and passion for the people of Malaysia. It takes someone who has everything to lose to champion democracy and justice without fear or favour. That's guts. ** We need to have more lawyers on board to help with the arrests leading up to the day of the rally. It does not matter if you have no experience in criminal law and procedure – a brief training will be provided to those who want to help and are eager to learn something new. Please email  melissa@klbar.org.my for further information. Please join us! Lately, Kar Mern's been actively sketching for LoyarBurok after seeing the light. Recommended Reads: Bar Council EGM 12/12/2009 @ 10:00 am @ Dewan San ... Cogitating the Court Cafeteria How can you defend a criminal ah? In Defense of My Fellow Sarawakians Who Exercised ... Posted by Lim Kar Mern on 30 June 2011. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry. Read more article posted by Lim Kar Mern.

Green Ink: Ayah, Anda Wira Saya Membantah Lynas! Posted: 30 Jun 2011 05:33 AM PDT Green Ink - LoyarBurok's Environmental Rights Column Taman Gelora adalah sebuah taman rekreasi yang terletak di tepi pantai berpinggiran di Bandar Kuantan. Kawasan ini selalunya dipenuhi dengan warga-warga emas yang datang sembang-sembang, bersenam, tai chi dan jogging pada awal pagi serta petang. Lama-kelamaannya, mereka telah bergabung menjadi satu pertubuhan senamrobik dan kumpulan tai chi di kawasan tersebut. Pada setiap hari dan masa yang tertentu, mereka akan berkumpul dan bersenam beramai-ramai. (Walau bagaimanapun, tidak pernah kita dengar mereka dihalau atau ditangkap polis sebab 'berhimpun tanpa permit'.) Namun begitu, taman rekreasi yang aman damai ini bukan lagi mengumpulkan warga emas yang bersenamrobik sahaja. Maka, tempat ini juga mengumpulkan 2000 orang lebih penduduk tempatan tanpa mengira umur, kaum dan bangsa pada Hari Bapa yang lepas ini. Pada hari tersebut, penduduk-penduduk seramai ini berhimpun dengan satu tujuan yang sama, iaitu ingin menunjukan perasaan mereka yang menolak pancaran radiasi yang akan merbahayakan kesihatan orang ramai serta membantah kilang Lynas yang bakal beroperasi di Gebeng. Mereka berkumpul untuk mempertahankan rumah kediaman mereka, dan berhimpun demi generasi yang akan datang. Pada awal pagi Hari Bapa, datuk nenek membawa cucu-cicit mereka bersenam di tempat ini. Mereka berpakaian baju Save Malaysia. Selepas sesi bersenam, ayah dan ibu membawa anak-anak mengambil bahagian dalam pertandingan berwarna yang terdapat logo anti radioaktif dalam lukisan. Budak-budak juga berpakaian dengan baju Save Malaysia. Selain daripada senaman dan pertandingan mewarna, seratus lebih orang penduduk Kuantan yang berbaju Save Malaysia yang berwarna hitam turut duduk di atas halaman rumput tepi pantai untuk menyusun perkataan 'STOP LYNAS'. Mereka berharap mesej hentikan Lynas dapat disampaikan kepada segenap lapisan masyarakat di Kuantan, Pahang mahupun kepada satu Malaysia. Membantah Lynas! Keadaan pada pagi Hari Bapa ini merupakan satu fenomena dan momentum yang agak luarbiasa kepada penduduk-penduduk Kuantan. Bandar yang aman ini tidak pernah berhimpun beberapa ribu orang ramai dengan agenda dan tujuan yang sama. Sudah tentu, pihak yang kononnya menamakan diri sendiri sebagai 'badan bukan kerajaan' yang memihak kepada Lynas Malaysia Sdn Bhd telah melesap dan menghilangkan diri pada himpunan Hari Bapa tersebut. Penduduk Kuantan telah mencipta sejarah di Pahang. Bantahan kilang Lynas melalui kutipan 60,000 tandatangan petisyen bantahan, 1000 lebih penduduk berkumpul menghadiri candlelight vigil pada Hari Ibu,dan himpunan senaman oleh 2000 lebih penduduk tempatan – semua ini untuk sekaligus menolak bahaya radioaktif dan kilang Lynas. Aktivisme seperti ini selama ini tidak pernah muncul, tidak pernah dilihat. Ini telah membawa maksud penduduk-penduduk di Kuantan telah bangkit demi masa depan cucu cicit mereka. Jika pihak yang berkuasa atau kerajaan masih tidak melihat atau berpura-pura tidak kelihatan, jelas bahawa mereka bukan sahaja sibuk dengan kerja pentadbiran pemerintahan, maka, mereka telah cuba membutakan diri terhadap tanggungjawab dan masyarakat kita. Namun begitu, apa yang telah menjadikan pihak pemerintah sanggup membutakan diri? Ia mungkin melibatkan faedah dan kepentingan yang diberi dalam jangka pendek, faedah kroni-kroni, dan faedah berbau politik. Sistem dan polisi pentadbiran yang cacat adalah faktor utama yang menyumbang kepada pendirian pihak berkuasa yang bertentangan dengan pendapat umum daripada masyarakat. Rakyat juga tidak dapat melaksanakan kuasa mengundinya dalam sistem yang adil dan bersih. Maka, Kerajaan dan wakil rakyat yang dipilih gagal dikawal dan menjadi setan yang turut membuli dan membebankan rakyat. Dengan itu, banyak lagi kes seperti Lynas akan muncul selepas ini jika sistem dan polisi di negara ini tidak berubah. Bayi turut berkempen membantah Lynas Hari Bapa pada tahun ini amat luar biasa kepada saya, walaupun saya tidak berpeluang untuk meraikan bersama bapa saya yang jauh daripada saya. Akan tetapi, saya berpeluang untuk meraikan Hari Bapa bersama dengan beberapa ratus 'ayah' dan keluarga mereka masing-masing. Saya amat gembira apabila berjumpa dengan ramai ayah-ayah yang sanggup membawa anak-anak mereka menghadiri himpunan tersebut. Saya menghormati mereka yang melaungkan Stop Lynas! demi masa hadapan generasi akan datang. Kita telah berhimpun untuk seluruh masyarakat Kuantan, kita menolak radioaktif demi anak-anak kita, dan kita membantah Lynas untuk menyelamatkan Malaysia! Ayah, anda wira saya! Recommended Reads: Of Rivers and Badly Written Articles The Curious Incident of The Would Be Arsonist in S... My Special Day (or the day I got peed on by an ora... You're Invited: Documentary Screening "Into E... Posted by Sze Ming on 30 June 2011. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry. Read more article posted by Sze Ming.

‘Datuk T’ Sex Video: T For Travesty & Tragedy Posted: 30 Jun 2011 03:39 AM PDT There is much that deserves comment in the recent incident of the 'Datuk T' trio comprising of Datuk Shazryl Eskay, Tan Sri Abdul Rahim Thamby Chik and Datuk Shuib Lazim. They pleaded guilty to a charge of screening a pornographic video at the Carcosa Hotel on 21 March 2011 between 10.00 and 12.00 pm pursuant to section 292 of the Penal Code. The first is that the Attorney General's Chambers (AGC) chose to prosecute them with a lighter offence. Section 292 of the Code provides a maximum of 3 years and/or fine as punishment. Section 5 of the Film Censorship Act 2002 also makes it an offence to possess, display or exhibit (amongst others) a pornographic film. The punishment under that Act however is a minimum of RM10,000.00 and a maximum of RM50,000.00 and/or a maximum imprisonment of 5 years. Of course which provision to charge them with is at the Attorney General's absolute discretion. But the question is why didn't he charge them with the heavier provision to deter budding pornographers from doing the same as Datuk T? The second is that the way the Deputy Public Prosecutor (DPP) conducted the case was unusual. Datuk T were charged with a criminal offence. Since they were charged in the Magistrates' Court, it would have ordinarily been handled by the state prosecution (as opposed to the prosecution team from HQ in Putrajaya). According to media reports, the DPP who handled the case was Dato' Kamaludin bin Mohd Said, the head of the Appellate and Trial Division in the AGC (last checked today). If it had to be handled at all, it should have been by the head of the Wilayah Persekutuan prosecution section, Puan Raja Rozela binti Raja Toran, or Datuk Tun Abd Majid bin Tun Hamzah, the head of prosecution of the AGC. But the point really is that there was no sensible reason why the head of another division had to handle a Magistrates' Court case where the accused were going to plead guilty. To send Dato' Kamaludin is a slur of Puan Raja Rozela and Datuk Tun Abd Majid. The third is about the brief facts of the case prepared by the DPP. Brief facts are prepared by the DPP when an accused pleads guilty. They should simply state the ingredients that comprise the offence. In Datuk T's case, it appeared straightforward. They were charged with the offence of displaying pornography. The brief facts only needed to state that on 21 March 2011, the 3 accused displayed/exhibited an obscene movie at the Carcosa Hotel to a group of people. They are at liberty to plead guilty to those facts. However, Dato' Kamaludin was reported in TMI to have read out the following during his recitation of the brief facts: Results of the analysis by experts from Dartmouth College, Handover, New Hampshire in the US verified the authenticity of the video, that there was no tampering or any act of super-imposing and that it originated from a DVR camcorder taken from Datuk Shazryl. Experts from Dartmouth College also carried out a facial recognition analysis on the man in the video and found that it resembled Anwar Ibrahim. Those statements have no relevance to the charge against Datuk T. It was completely unnecessary. Who was in the video was immaterial to the charge of displaying/exhibiting pornography. Whether the video was tampered or not was irrelevant. Only that sex occurred in the video was of relevance. From a legal standpoint, including those facts was an act of gross incompetency. What now appears likely is that this would have been avoided if the AGC had appointed somebody from the prosecution division to conduct the case. But even then it is hard to imagine that Dato' Kamaludin, a senior officer, would handle the case so amateurishly. Only he knows why he had to set out all those matters although we have excellent suppositions considering the personalities involved. The fourth is that Tan Sri Abdul Rahim's counsel kept harping on the fact that the person in the video is Dato' Seri Anwar Ibrahim. As discussed earlier – this was irrelevant. Datuk Seri Shafee Abdullah, a highly experienced and knowledgeable lawyer should no doubt be aware of this. His conduct and words however suggest that Datuk T's trial was an occasion to publicise an expert report purportedly confirming that the person in the video clip was Dato' Seri Anwar Ibrahim. His entire line of submission supports this and is a curiosity in itself. The report states as follows: Abdul Rahim's lawyer Datuk Seri Muhammad Shafee Abdullah, who also submitted on that point today, told reporters later that according to the experts' report, they were 99.99 per cent certain that the man in the video is Anwar. In the June 4 report, prepared by Professor Hany Farid and Professor Lorenzo Torresani, it was stated that the institution had studied a video from a camcorder in a room and copied to a thumbdrive, a video from a surveillance camera taken in a room and extracted directly from a DVR, a video from a second camcorder taken outside an elevator, 320 images of one person named as "Mr X", 26 images of one person named as "Mr Y" and 4,423 images of "Malaysian people". The report concluded that based on the study, "Mr X" is the same man in pictures provided to them by the local authorities, which were of Anwar. "The conclusion states very clearly that Mr X is Anwar. They cannot say directly that Mr X is Anwar because they do not know him, but they concluded that it is 99.99 per cent certain from their facial recognition analysis that the man in the video is the same as the man in the pictures (of Anwar) shown to them," said Shafee. As such, he told the court that Anwar should be charged under sections 192, 193 or 199 of the Penal Code for lodging a false report, denying his identity in the video. Datuk Seri Shafee's submission was quite clearly gunning for Dato' Seri Anwar. It is not clear how the fact that the person in the video is Dato' Seri Anwar or not is a mitigating factor. For Shafee to make such a submission is unprecedented  and misguided. If any, he should be telling that to the AGC and not the Magistrates' Court because the power and discretion to prosecute resides with the Attorney General, not the Court. It is also not clear from the news report whether Datuk Seri Shafee has forwarded that finding of the experts to the AGC. If he hasn't he should if he seriously wants something done about it. The fifth is for the Magistrate to screen the whole 21 minute video clip in open court. This is unusual and seems to perpetrate the offence all over again. It is common in the circumstances involving such material for the Court to convene in camera (without members of the public) so as not to embarrass the victim or the people in the video. The reason purportedly given by the Magistrate to do so was "to ensure that the evidence had not been tampered with". But as explained above, whether or not the clip was tampered or not was irrelevant. The only thing of relevance is whether the clip contained obscene material. As there were no allegations of tampering there was no need to do that. More importantly, if there were, an expert report should have been prepared to opine against that because the Magistrate, Tuan Aizatul Akmal Maharani, is not competent to confirm this. Further, the Magistrate could confirm that there was obscene material in the clip by only viewing a bit of it without going through the whole clip. The sixth is the sentence passed on the trio. A fine totalling RM5,500.00 for all of them is a travesty. Let us consider another portion of the brief facts which Malaysiakini reports as follows: The court also heard how Shazryl met Shuib and Rahim to expose the sex tape. Shazryl had met Shuib at the end of February with the recording in his pendrive, with a video said to be of Anwar engaging in various sex acts with a Chinese national. They then decided to meet Rahim, considering that the recording was "sensitive" and had "national interest", before all three agreed to screen the video to journalists. Rahim then called one Kamarulail Sulaiman to book a room at Carcosa Seri Negara, an exclusive hotel in the hilly outskirts of Kuala Lumpur, while Shazryl contacted a senior reporter from The Star to round up the other reporters at the hotel for a story of "high national interest". "(The person) then invited other reporters, who then turned up to spread the word to other reporters," said the statement of facts. Clearly the entire crime was carefully planned and pre-meditated. There were various discussions and others who were called in to abet and facilitate their crime. During Tan Sri Abdul Rahim's counsel's submission in mitigation, there was no report of him regretting his actions. Instead their collective submission indicated that they were defiant and convinced that they did it for public benefit. If that was not perverse enough, it was submitted that they did not profit from exhibiting the video. There does not seem to be anything reported by way of reply by the DPP. One submission that would have amply rebutted that grotesque line of submission was that if Datuk T truly believed that to be Dato' Seri Anwar and felt it was an offence they should have lodged a police report or a report with the Malaysian Anti-Corruption Commission. The Magistrate if he were better would have thought of that himself but that would be expecting too much of him. There are many other smaller issues that can be held up and picked apart about the proceedings but there would be little benefit in that. What I have merely sought to do here is to point out some of the more glaring features about the proceedings (as culled from news reports) that a person with a few years of legal knowledge and practice may question after reading the reports. It also makes one wonder who was actually on trial at the proceedings – Datuk T or Dato' Seri Anwar Ibrahim. What I would take away from this is that so long as you can ensure you get a return of more than RM5,500.00 in displaying a pornographic movie, you are likely to earn a profit. And that if you were going to exhibit or display a pornographic movie, you best have Dato' Seri Anwar Ibrahim (or at the very least, someone that looks like him) in it because that would appear to mitigate your sentence. It now seems appropriate that the 3 criminals used the monicker 'Datuk T' because the proceedings so clearly demonstrated the travesty and tragedy of the Malaysian legal system and Malaysian politics. Fahri Azzat is appalled at the perverse sentence received by 'Datuk T' since he regularly sees kids with more of a future served a more punishing sentence for a far a lesser offence. He is contemplating quitting legal practice to become a pornographer since the fine is only RM5,500.00 per movie. He may even get a lower fine if the movie he exhibited or displayed were titillating enough. Oh yeah, in case you are wondering, he is not a supporter of Dato' Seri Anwar Ibrahim in case you were wondering. Recommended Reads: Will there be a Silver Lining in Perak? A raised eyebrow about a remark purportedly made b... Was the sacking of Anwar Ibrahim from the Cabinet ... 416: Reflections & Observations From The 2011 ... Posted by Fahri Azzat on 30 June 2011. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry. Read more article posted by Fahri Azzat.

Bersih rally a turning point for democracy Posted: 30 Jun 2011 12:29 PM PDT by Kim Quek The Malaysian Insider Jun 30, 2011 JUNE 30 — Amidst the frenzy of draconian measures to prevent the July 9 Bersih rally from taking place, many Malaysians have begun to wonder: Has Malaysia descended into a state of lawlessness? No sooner had the home minister declared that wearing the yellow Bersih T-shirt was illegal, the Inspector-General of Police up the ante by announcing that even "shoes, cars, buses or any medium that promote the Bersih rally are illegal, as this amounts to sedition", and he said the people involved will be arrested. To date, more than 100 people have been arrested all over the country in the past four days, mainly for wearing the yellow Bersih T-shirts. To me, this sounds like someone speaking and acting as if he is the absolute monarch who can order the arrest of anyone at his whim, and whose word is law. For nowhere in the law can you find a provision that allows a minister or a police officer to declare an item such as the Bersih shirt illegal or to arrest someone before a crime is committed or suspected to have been committed. The Bersih rally has not even been held, so how can a crime be committed in connection with the rally? BERSIH ABOVE BOARD So, what has driven the minister and the IGP into such extreme conduct of resorting to brazenly unlawful exercise of power? Is Bersih a terrorist organisation that plots to overthrow the government by violence? Is Bersih calling people to break laws and create chaos? What terrible deeds have Bersih done to cause such phobia in the authorities that they should strike at everything that moves, so to speak, that smells of Bersih? None of that. Bersih is a civil society movement participated by 62 non-governmental organisations to campaign for electoral reform. And the July 9 rally is specifically called to address the problem of the authorities' recalcitrance to institute any form of reform. Despite persistent requests over many years, the Election Commission and the incumbent ruling coalition Barisan Nasional have not moved even one inch towards reforming an electoral system that has been reduced to a complete farce through ever escalating vote-buying, abuse of power and massive rigging. With such noble intention, how could Bersih be branded as anything other than a respectable body that works towards restoration of democracy and return of political power to the people? It should be obvious by now that without free and fair elections, political power is vested in a few incumbent leaders, not with the people. And when such a respectable body calls for a rally to highlight its cause to the nation, how can such a rally be taboo, and everything connected with it be decreed illegal? Up to now, the incumbent hegemon Umno and the police have not come up with an iota of credible evidence that the Bersih rally is anything but a peaceful and honourable gathering, called in accordance with the right endowed by the Constitution to every citizen. Regrettably, the police have so far conducted themselves as a force serving Umno's parochial political interests, in direct confrontation with the interests of the masses. AUTHORITIES' EXCUSES INCREDULOUS The excuses given so far to justify arrest and to label the rally illegal are laughable and carry no credibility — accusations such as a communist plot to wage war against the Yang di-Pertuan Agong, a movement aided by foreign Christian bodies to subvert the country, an event that will jeopardise public order and national security, and cause economic damage. These tales of impending threats and calamities are so far-fetched that they are not only disbelieved by decent Malaysians, but also reflect the paucity of rationale of the incumbent power to justify their condemnation and clampdown on the movement. That their excuses to crucify the Bersih rally are rubbish is amply manifested in the admirable political and economic well-being of those democratic countries where such peaceful rallies are part and parcel of their democratic way of life. Look at our regional neighbour Hong Kong. Rallies of a few hundred thousand people to demonstrate against the Hong Kong or Chinese government are routinely staged there, and yet there was not the slightest indication that public order was affected or businesses harmed. On the contrary, Hong Kong continues to enjoy ever increasing prosperity and stability. So, what is Umno afraid of? The honest truth and the bottom line is: Umno has no confidence to politically survive a free and fair election. That is why it has not yielded an inch in the direction of moving Malaysian election to a more level-playing field, and it has no intention to do so in the future. Umno also realises that it has committed too many wrongs that betray the people's interest, and more people have come to know of these through the fast-growing alternative media. Combined with the growing influence of the opposition alliance Pakatan Rakyat, the coming rally could be a powerful demonstration of the people's will to reclaim sovereignty from the long-reigning kleptocracy through electoral reform. That is something that Umno does not want to see happening. NO WIN FOR UMNO We can hence expect that Umno will continue to step up pressure against Bersih by manipulating compliant institutions such as the police and judiciary, at the expense of the Constitution and law, to stifle the Bersih move. But Umno is in a no-win situation. To be faithful to the Constitution, which means that the peaceful rally must be allowed to proceed, Umno dreads to see a mammoth assembly that could be demoralising to its dwindling supporters. On the hand, a brutal repression that breaks all laws may kindle public fury to an explosive state with unpredictable consequences. Even if it succeeds in suppressing the rally, it can only bring temporary relief to Umno, as the ugly scenes of unjustified cruelty and transgression of law and fundamental human rights will be mercilessly bared for all to see, thanks to modern IT technology, reminiscent of the Tahrir Square uprising and the subsequent revolutionary fire that has spread across the entire Arab world. By that time, Umno and BN's popular support may have so dwindled that even the status quo of skewed election and stooge institutions cannot save it from an electoral defeat. I am confident that the majority of Malaysians have already reached such a level of political consciousness that the will of the people will prevail to make July 9 rally an important turning point in our struggle to reclaim democracy and sovereignty for the people. * Kim Quek is the author of "The March to Putrajaya".

I’ll wear yellow baju raya Posted: 30 Jun 2011 12:10 PM PDT by Mohd Syahir Sulaiman The Malaysian Insider Jun 30, 2011 JUNE 30 — Semakin lara kita didera bara, kita laungkan juga pesan merdeka, demokrasi sebenderang mentari, sehasrat hajat semurni harga diri — A. Samad Said. Yellow symbolises wisdom. July 9th is just around the corner, and talks get heated up in every corner, from Facebook urbanites to long house foyers. Thanks to RTM and Utusan for the free publicity. People may differ. However, one thing in certain, all eyes are set on the upcoming saga. Suhakam, as a custodian of human rights in Malaysia, calls on the authorities to allow the planned peaceful assemblies to be held, and on the parties intending to hold these assemblies to exercise their rights in a peaceful and responsible manner. Yet, we hear the "threat to national security" excuse to cordon the march. "The gathering would not only disturb the peace but also cause traffic chaos", a senior police officer was quoted. Yet, you have KL folks stranded in traffic jams following days of rehearsal and actual parade at Dataran Merdeka. I am one of them, stranded at Jalan Loke Yew while listening to the radio morning show. As a responsible citizen, we do not complain. And please, no road-block rehearsal prior to July 9th. "Democracy attracts FDIs. Freedom attracts tourists." Then one says, "Investors will shy away because of the domestic chaos". Well, investors are smart enough in assessing the investment viability, political transparency being the key. "Organisers of the Bersih 2.0 rally should consider the effects such an event will have on traders and consumers along the route of its march", a minister said. A Bersih spokesperson then assured, "At least RM30 million of cashflow will be generated within the 3 hours march, counting on possible 300,000 participants with cash in pocket of RM100 each." Adding-up the ticketing revenue accrued by PLUS, MAS, AirAsia, KTMB and bus operators over the weekend, let's get PEMANDU to bring their spreadsheet. Demonstration is un-Islamic? Not part of Malay culture? Yet, Muslim scholars noted, "It is obligatory upon every Muslim to support whatever actions, words or stand taken in defence of truth", plus "It is forbidden for the demonstrators or police to provoke anyone, resulting in riots. The police should realise that the demands are good for the country and not only for the betterment of the people but also the police", as well "Many were imprisoned as a result of their criticisms against authorities of their time. We are the inheritors of this tradition, which provides today's Muslims with a storehouse of democratic ideas". William E. Simon famously quoted, "Bad politicians are sent to Washington by good people who don't vote". I then find no excuse for me not to support BERSIH 2.0 Walk For Democracy. It calls for 8 immediate demands, namely 1) Clean the electoral roll 2) Reform postal ballots 3) Use of indelible ink 4) Minimum 21 days campaign period 5) Free and fair access to media 6) Strengthen public institutions 7) Stop corruption 8) Stop dirty politics. SUHAKAM, in its statement reiterates that "it is the right of members of the public to assemble and to express their views in a peaceful manner, as provided under Article 10(1)(b) of the Federal Constitution, as well as Article 20(1) of the Universal Declaration of Human Rights (UDHR)." Still, wearing a yellow shirt is an offence in this country, at least until July 9th. Nevertheless, yellow is the colour of preference for my baju raya this year. Hopefully, I won't be arrested while carrying my kids, wearing yellow baju melayu complete with sampin and songkok, in queue for duit raya and ketupat, at the raya open house organised by our Pak Menteri. My intention is sincere, only to shake hands with my democratic leader. A courtesy visit, that is. * Mohd Syahir Sulaiman, and his two kids, perceive yellow symbolises wisdom. He advocates Negara Berkebajikan.

Malaysia’s season of fear Posted: 30 Jun 2011 11:48 AM PDT by Praba Ganesan The Malaysian Insider Jun 30, 2011 JUNE 30 — "Have you no sense of decency, sir, at long last? Have you left no sense of decency?" Joseph Welch, the attorney representing the US Army, asked this of Senator Joseph McCarthy at the height of the series of "witch-hunts" under the guise of various congressional committees to uncover unAmerican activities in America between 1953-54. America was in the early years of the Cold War when tales of communists, spies and those bent on destroying the American way of life were rife. McCarthy felt his populism, electability and political future could benefit from playing up the "bogeyman." Proof or even truth was irrelevant in the dark period referred to as "McCarthyism". Eventually the US government, Congress and people disowned that period, and vowed never to repeat it. However, by then, lives had been destroyed. People who had attended certain meetings, or joined a university club or just spent time with someone "dubious" were under suspicion. No one was spared and all conversations had consequences. Fear ruled the McCarthy era, friends betraying friends to escape persecution, lives destroyed based on hearsay and the belief truth comes before judgment became a myth. Trust in government was irrevocably shattered. Which brings us to Malaysia, 2011. In this season of fear, arrests, intimidation, threats and encouragement to right-wing groups mount to cloud the days leading to Bersih 2.0. [Bersih is an NGO initiative to champion freer and fairer elections in Malaysia with its centrepiece mammoth rally planned for July 9. This has resulted in the Barisan Nasional government using all arms of the state to jettison it. (Yes, the democratically elected government of Malaysia feels that there is enough democracy in Malaysia already and therefore objects to any efforts to increase the levels of democracy because this might lead to the end of democratic Malaysia. Hey, welcome to Malaysia!) The police feel it is better to use all their personnel to stop the rally than to work with the organisers to ensure a smooth and trouble-free event.] Malaysians with certain banners, books and pamphlets have been arrested. Some have been accused of sowing the seeds of open rebellion against King and country. Opposition politicians have been summoned left, right and centre to police interviews. Citizens are to be arrested if they wear the wrong attire. This is an old Umno tactic. Apply immense and widespread pressure on all the "usual suspects" so that the following may occur. One, the organisers are so distracted they are unable to mobilise adequately for the event. Two, apprehension to attend the rally will grow in the hearts of citizens (I'll support change from a distant, watch it on the Net). Three, the various Bersih leaders might differ on a response (to go on with the rally, tone it down, cancel it, postpone it or prefer a stadium) and in-fighting will result. The police will maintain the same level of responsiveness as during the first Bersih rally in 2007. A win for the government and police is if the numbers for the rally drop from what is expected. Anything below expectation is proof that there is little support for electoral reform in Malaysia and only those hardcore supporters really want it. It is about keeping dissent as a minority sport. No nation is altered by the majority of its people agreeing on one thing, it is led to an inevitable change when a substantial number of its people desire it. A sort of tipping point. Umno does not want Malaysians to sense a tipping point is at hand. I have to ask the government of the day, so that I have some clarity of the issue at hand, "How afraid do you want me to be?" As a living person I already have my own set of fears. And so do all who wake up in the morning. We fear losing our jobs, or our businesses. And even when we stay above water level in either there are a myriad of fears in those daily working hours. We fear that our loved ones are not secure or in need. We fear that our personal relationships with our loved ones are in jeopardy, that the wrong thing was said or, worst, done. We fear about our own existence as a source of meaning. But above all we fear our mortality. So with my daily routine of fears, perhaps my government is convinced I have space for one more, the fear of them. To live and not know when my "pound of flesh" is to be exacted. Of course there is the argument that I do not have to live with that fear. The fear apparently rescinds when I accept my government in its present shape and not question its powers. Which is not too bad since no good serf ever has grounds to fear his benevolent master, so I am told. I'll kindly reject that offer and postulate an alternate view. How about this? Life already has enough fear to tip each of us from our tiny boat into the depths of a spiralling universe; in that chaos and uncertainty, the government becomes our lighthouse, our lifeboat. For it is natural to look to government for assurance, belief and compassion. Why doesn't my government fill that void rather than chuck me into the void? Government can choose its legacy. There are two classics about men on islands, HG Well's "The island of Dr Moreau" and Daniel Defoe's "Robinson Crusoe". The title characters had different views about how to govern their islands. Moreau constructed a society of beasts to serve him through the manipulation of science and knowledge. The power consumes him. Shipwrecked Crusoe finds a native "Friday" by accident. He decides to engage the man from a difference culture; teach him and to have him as a friend. In a combination of personal needs and moral obligation, uses his relationship with "Friday" to express his humanity and live his life. They are stories, and I will not overextend interpretation other than to take their broad and basic lessons: To seek power as an end or a meaningful kinship with those whom you live with, without fear. The present path of this government does not augur well for democracy. It does not augur well just on the count of decency. I have to ask, even before reading about the next arrest in these coming days, have these people no sense of decency?

Bersih rally a turning point for democracy Posted: 30 Jun 2011 12:29 PM PDT by Kim Quek The Malaysian Insider Jun 30, 2011 JUNE 30 — Amidst the frenzy of draconian measures to prevent the July 9 Bersih rally from taking place, many Malaysians have begun to wonder: Has Malaysia descended into a state of lawlessness? No sooner had the home minister declared that wearing the yellow Bersih T-shirt was illegal, the Inspector-General of Police up the ante by announcing that even "shoes, cars, buses or any medium that promote the Bersih rally are illegal, as this amounts to sedition", and he said the people involved will be arrested. To date, more than 100 people have been arrested all over the country in the past four days, mainly for wearing the yellow Bersih T-shirts. To me, this sounds like someone speaking and acting as if he is the absolute monarch who can order the arrest of anyone at his whim, and whose word is law. For nowhere in the law can you find a provision that allows a minister or a police officer to declare an item such as the Bersih shirt illegal or to arrest someone before a crime is committed or suspected to have been committed. The Bersih rally has not even been held, so how can a crime be committed in connection with the rally? BERSIH ABOVE BOARD So, what has driven the minister and the IGP into such extreme conduct of resorting to brazenly unlawful exercise of power? Is Bersih a terrorist organisation that plots to overthrow the government by violence? Is Bersih calling people to break laws and create chaos? What terrible deeds have Bersih done to cause such phobia in the authorities that they should strike at everything that moves, so to speak, that smells of Bersih? None of that. Bersih is a civil society movement participated by 62 non-governmental organisations to campaign for electoral reform. And the July 9 rally is specifically called to address the problem of the authorities' recalcitrance to institute any form of reform. Despite persistent requests over many years, the Election Commission and the incumbent ruling coalition Barisan Nasional have not moved even one inch towards reforming an electoral system that has been reduced to a complete farce through ever escalating vote-buying, abuse of power and massive rigging. With such noble intention, how could Bersih be branded as anything other than a respectable body that works towards restoration of democracy and return of political power to the people? It should be obvious by now that without free and fair elections, political power is vested in a few incumbent leaders, not with the people. And when such a respectable body calls for a rally to highlight its cause to the nation, how can such a rally be taboo, and everything connected with it be decreed illegal? Up to now, the incumbent hegemon Umno and the police have not come up with an iota of credible evidence that the Bersih rally is anything but a peaceful and honourable gathering, called in accordance with the right endowed by the Constitution to every citizen. Regrettably, the police have so far conducted themselves as a force serving Umno's parochial political interests, in direct confrontation with the interests of the masses. AUTHORITIES' EXCUSES INCREDULOUS The excuses given so far to justify arrest and to label the rally illegal are laughable and carry no credibility — accusations such as a communist plot to wage war against the Yang di-Pertuan Agong, a movement aided by foreign Christian bodies to subvert the country, an event that will jeopardise public order and national security, and cause economic damage. These tales of impending threats and calamities are so far-fetched that they are not only disbelieved by decent Malaysians, but also reflect the paucity of rationale of the incumbent power to justify their condemnation and clampdown on the movement. That their excuses to crucify the Bersih rally are rubbish is amply manifested in the admirable political and economic well-being of those democratic countries where such peaceful rallies are part and parcel of their democratic way of life. Look at our regional neighbour Hong Kong. Rallies of a few hundred thousand people to demonstrate against the Hong Kong or Chinese government are routinely staged there, and yet there was not the slightest indication that public order was affected or businesses harmed. On the contrary, Hong Kong continues to enjoy ever increasing prosperity and stability. So, what is Umno afraid of? The honest truth and the bottom line is: Umno has no confidence to politically survive a free and fair election. That is why it has not yielded an inch in the direction of moving Malaysian election to a more level-playing field, and it has no intention to do so in the future. Umno also realises that it has committed too many wrongs that betray the people's interest, and more people have come to know of these through the fast-growing alternative media. Combined with the growing influence of the opposition alliance Pakatan Rakyat, the coming rally could be a powerful demonstration of the people's will to reclaim sovereignty from the long-reigning kleptocracy through electoral reform. That is something that Umno does not want to see happening. NO WIN FOR UMNO We can hence expect that Umno will continue to step up pressure against Bersih by manipulating compliant institutions such as the police and judiciary, at the expense of the Constitution and law, to stifle the Bersih move. But Umno is in a no-win situation. To be faithful to the Constitution, which means that the peaceful rally must be allowed to proceed, Umno dreads to see a mammoth assembly that could be demoralising to its dwindling supporters. On the hand, a brutal repression that breaks all laws may kindle public fury to an explosive state with unpredictable consequences. Even if it succeeds in suppressing the rally, it can only bring temporary relief to Umno, as the ugly scenes of unjustified cruelty and transgression of law and fundamental human rights will be mercilessly bared for all to see, thanks to modern IT technology, reminiscent of the Tahrir Square uprising and the subsequent revolutionary fire that has spread across the entire Arab world. By that time, Umno and BN's popular support may have so dwindled that even the status quo of skewed election and stooge institutions cannot save it from an electoral defeat. I am confident that the majority of Malaysians have already reached such a level of political consciousness that the will of the people will prevail to make July 9 rally an important turning point in our struggle to reclaim democracy and sovereignty for the people. * Kim Quek is the author of "The March to Putrajaya". This entry was posted on Friday, 1 July 2011, 3:29 am and is filed under Bersih, Elections, Human Rights. You can follow any responses to this entry through RSS 2.0.

I’ll wear yellow baju raya Posted: 30 Jun 2011 12:10 PM PDT by Mohd Syahir Sulaiman The Malaysian Insider Jun 30, 2011 JUNE 30 — Semakin lara kita didera bara, kita laungkan juga pesan merdeka, demokrasi sebenderang mentari, sehasrat hajat semurni harga diri — A. Samad Said. Yellow symbolises wisdom. July 9th is just around the corner, and talks get heated up in every corner, from Facebook urbanites to long house foyers. Thanks to RTM and Utusan for the free publicity. People may differ. However, one thing in certain, all eyes are set on the upcoming saga. Suhakam, as a custodian of human rights in Malaysia, calls on the authorities to allow the planned peaceful assemblies to be held, and on the parties intending to hold these assemblies to exercise their rights in a peaceful and responsible manner. Yet, we hear the "threat to national security" excuse to cordon the march. "The gathering would not only disturb the peace but also cause traffic chaos", a senior police officer was quoted. Yet, you have KL folks stranded in traffic jams following days of rehearsal and actual parade at Dataran Merdeka. I am one of them, stranded at Jalan Loke Yew while listening to the radio morning show. As a responsible citizen, we do not complain. And please, no road-block rehearsal prior to July 9th. "Democracy attracts FDIs. Freedom attracts tourists." Then one says, "Investors will shy away because of the domestic chaos". Well, investors are smart enough in assessing the investment viability, political transparency being the key. "Organisers of the Bersih 2.0 rally should consider the effects such an event will have on traders and consumers along the route of its march", a minister said. A Bersih spokesperson then assured, "At least RM30 million of cashflow will be generated within the 3 hours march, counting on possible 300,000 participants with cash in pocket of RM100 each." Adding-up the ticketing revenue accrued by PLUS, MAS, AirAsia, KTMB and bus operators over the weekend, let's get PEMANDU to bring their spreadsheet. Demonstration is un-Islamic? Not part of Malay culture? Yet, Muslim scholars noted, "It is obligatory upon every Muslim to support whatever actions, words or stand taken in defence of truth", plus "It is forbidden for the demonstrators or police to provoke anyone, resulting in riots. The police should realise that the demands are good for the country and not only for the betterment of the people but also the police", as well "Many were imprisoned as a result of their criticisms against authorities of their time. We are the inheritors of this tradition, which provides today's Muslims with a storehouse of democratic ideas". William E. Simon famously quoted, "Bad politicians are sent to Washington by good people who don't vote". I then find no excuse for me not to support BERSIH 2.0 Walk For Democracy. It calls for 8 immediate demands, namely 1) Clean the electoral roll 2) Reform postal ballots 3) Use of indelible ink 4) Minimum 21 days campaign period 5) Free and fair access to media 6) Strengthen public institutions 7) Stop corruption 8) Stop dirty politics. SUHAKAM, in its statement reiterates that "it is the right of members of the public to assemble and to express their views in a peaceful manner, as provided under Article 10(1)(b) of the Federal Constitution, as well as Article 20(1) of the Universal Declaration of Human Rights (UDHR)." Still, wearing a yellow shirt is an offence in this country, at least until July 9th. Nevertheless, yellow is the colour of preference for my baju raya this year. Hopefully, I won't be arrested while carrying my kids, wearing yellow baju melayu complete with sampin and songkok, in queue for duit raya and ketupat, at the raya open house organised by our Pak Menteri. My intention is sincere, only to shake hands with my democratic leader. A courtesy visit, that is. * Mohd Syahir Sulaiman, and his two kids, perceive yellow symbolises wisdom. He advocates Negara Berkebajikan. This entry was posted on Friday, 1 July 2011, 3:10 am and is filed under Bersih, Elections, Human Rights. You can follow any responses to this entry through RSS 2.0.

Malaysia’s season of fear Posted: 30 Jun 2011 11:48 AM PDT by Praba Ganesan The Malaysian Insider Jun 30, 2011 JUNE 30 — "Have you no sense of decency, sir, at long last? Have you left no sense of decency?" Joseph Welch, the attorney representing the US Army, asked this of Senator Joseph McCarthy at the height of the series of "witch-hunts" under the guise of various congressional committees to uncover unAmerican activities in America between 1953-54. America was in the early years of the Cold War when tales of communists, spies and those bent on destroying the American way of life were rife. McCarthy felt his populism, electability and political future could benefit from playing up the "bogeyman." Proof or even truth was irrelevant in the dark period referred to as "McCarthyism". Eventually the US government, Congress and people disowned that period, and vowed never to repeat it. However, by then, lives had been destroyed. People who had attended certain meetings, or joined a university club or just spent time with someone "dubious" were under suspicion. No one was spared and all conversations had consequences. Fear ruled the McCarthy era, friends betraying friends to escape persecution, lives destroyed based on hearsay and the belief truth comes before judgment became a myth. Trust in government was irrevocably shattered. Which brings us to Malaysia, 2011. In this season of fear, arrests, intimidation, threats and encouragement to right-wing groups mount to cloud the days leading to Bersih 2.0. [Bersih is an NGO initiative to champion freer and fairer elections in Malaysia with its centrepiece mammoth rally planned for July 9. This has resulted in the Barisan Nasional government using all arms of the state to jettison it. (Yes, the democratically elected government of Malaysia feels that there is enough democracy in Malaysia already and therefore objects to any efforts to increase the levels of democracy because this might lead to the end of democratic Malaysia. Hey, welcome to Malaysia!) The police feel it is better to use all their personnel to stop the rally than to work with the organisers to ensure a smooth and trouble-free event.] Malaysians with certain banners, books and pamphlets have been arrested. Some have been accused of sowing the seeds of open rebellion against King and country. Opposition politicians have been summoned left, right and centre to police interviews. Citizens are to be arrested if they wear the wrong attire. This is an old Umno tactic. Apply immense and widespread pressure on all the "usual suspects" so that the following may occur. One, the organisers are so distracted they are unable to mobilise adequately for the event. Two, apprehension to attend the rally will grow in the hearts of citizens (I'll support change from a distant, watch it on the Net). Three, the various Bersih leaders might differ on a response (to go on with the rally, tone it down, cancel it, postpone it or prefer a stadium) and in-fighting will result. The police will maintain the same level of responsiveness as during the first Bersih rally in 2007. A win for the government and police is if the numbers for the rally drop from what is expected. Anything below expectation is proof that there is little support for electoral reform in Malaysia and only those hardcore supporters really want it. It is about keeping dissent as a minority sport. No nation is altered by the majority of its people agreeing on one thing, it is led to an inevitable change when a substantial number of its people desire it. A sort of tipping point. Umno does not want Malaysians to sense a tipping point is at hand. I have to ask the government of the day, so that I have some clarity of the issue at hand, "How afraid do you want me to be?" As a living person I already have my own set of fears. And so do all who wake up in the morning. We fear losing our jobs, or our businesses. And even when we stay above water level in either there are a myriad of fears in those daily working hours. We fear that our loved ones are not secure or in need. We fear that our personal relationships with our loved ones are in jeopardy, that the wrong thing was said or, worst, done. We fear about our own existence as a source of meaning. But above all we fear our mortality. So with my daily routine of fears, perhaps my government is convinced I have space for one more, the fear of them. To live and not know when my "pound of flesh" is to be exacted. Of course there is the argument that I do not have to live with that fear. The fear apparently rescinds when I accept my government in its present shape and not question its powers. Which is not too bad since no good serf ever has grounds to fear his benevolent master, so I am told. I'll kindly reject that offer and postulate an alternate view. How about this? Life already has enough fear to tip each of us from our tiny boat into the depths of a spiralling universe; in that chaos and uncertainty, the government becomes our lighthouse, our lifeboat. For it is natural to look to government for assurance, belief and compassion. Why doesn't my government fill that void rather than chuck me into the void? Government can choose its legacy. There are two classics about men on islands, HG Well's "The island of Dr Moreau" and Daniel Defoe's "Robinson Crusoe". The title characters had different views about how to govern their islands. Moreau constructed a society of beasts to serve him through the manipulation of science and knowledge. The power consumes him. Shipwrecked Crusoe finds a native "Friday" by accident. He decides to engage the man from a difference culture; teach him and to have him as a friend. In a combination of personal needs and moral obligation, uses his relationship with "Friday" to express his humanity and live his life. They are stories, and I will not overextend interpretation other than to take their broad and basic lessons: To seek power as an end or a meaningful kinship with those whom you live with, without fear. The present path of this government does not augur well for democracy. It does not augur well just on the count of decency. I have to ask, even before reading about the next arrest in these coming days, have these people no sense of decency? This entry was posted on Friday, 1 July 2011, 2:48 am and is filed under Bersih, Elections, Human Rights. You can follow any responses to this entry through RSS 2.0.

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