Monday, 16 August 2010

ROYAL COMMISSION OF INQUIRY

Penang CM: Royal commission can shed light on 'NEP saboteurs'
Harakahdaily   
PENANG, Aug 17: While UMNO, MCA and Perkasa were immersed in a debate sparked by MCA's call for the reduction of the 30% Bumiputera corporate equity, DAP secretary general Lim Guan Eng (pic) said setting up a royal commission of inquiry to determine how RM52 billion of Bumi and Malay shares were hijacked over the years could help enlighten the issue.
“If the RM52 billion worth of Bumi shares still remained in Bumi hands, then the 30 per cent Bumi or Malay equity target under the NEP would have long been achieved," said Lim, the Penang chief minister.
He said by shying away from accountability over the 'lost' RM52 billion in Bumi shares, the BN were using the NEP to divide and rule by playing up racial sentiments among Malaysians.
"Clearly racial polemics over the NEP benefit the BN to distract attention from the real problems Malaysians face,” he stressed, adding that deep-seated corruption, inefficiency, abuse of power, mediocrity and lack of rule of law were the main problem facing the nation.
In June last year, prime minister Najib Razak revealed that out of the RM54 billion shares allocated to Bumiputera since the introduction of the New Economic Policy in 1970, only RM2 billion remained in Bumiputera hands.
The total Bumiputera equity was only 19.4 per cent, way below from the target of 30 per cent almost two decades ago.
“Clearly the RM52 billion worth of shares given to the few Malay or Bumi leaders were cashed out and sold off. Stern action and the full force of the law should be unleashed at this open sabotage of the NEP,” said Lim.
'Monstrous hijack'
Lim also questioned why MCA, UMNO and Perkasa were reluctant for an investigation into what he called a "monstrous" hijack of RM52 billion worth of Bumi shares and refused to support DAP’s call for a royal commission of inquiry to compel BN leaders who cashed out the shares.
“In Parliament all BN MPs have refused to support DAP’s call for a royal commission of inquiry to act against these saboteurs and compel them to cough up and return RM 52 billion back to the government to be redistributed to poor Malays or Bumis,” he added.
At the recent MCA Chinese Economic Congress, Najib’s brother, CIMB chief executive officer Nazir Razak, hit out the abuse of the NEP by Malay and Bumiputera businesses and urged Najib’s administration to review the affirmative action policy.
Sparking a debate was a call by MCA president Dr Chua Soi Lek for a reduction of the 30 per cent Bumi equity as well as for implementation of the open tender system for government procurements.
Lim described the continued refusal to take action against "these NEP saboteurs" as "an immoral act designed to protect their own cronies who have profited shamelessly from a policy that is supposed to assist the poor Malays".

Be Sensitive to Malay Feeling

Tuesday, 17 August 2010 00:37
muhyiddin_soilek_warningKUALA LUMPUR -  Deputy Prime Minister Muhyiddin Yassin on Monday reminded MCA president Dr Chua Soi Lek not to make statements that can cause anger or are prejudicial to other races.

Muhyiddin, who is also Barisan Nasional (BN) deputy chairman, said Chua should be more open-minded and concerned about the sensitivities and needs of other races in the country.

"Fighting for the interests of one's race is one's right but it should not be at the expense of the interests of other races.

"Umno fights for the interests of Malays but also takes into consideration the welfare of other races. As such, do not cause uneasiness and anger just because you want to defend the rights of others," he told reporters after launching the "Skim Prihatin 1Wilayah Persekutuan" programme, here Monday.

Muhyiddin said this when asked to comment on Chua's statement on Monday that MCA would not be afraid of sharing similar views with the DAP in terms of the interests of the Chinese community or choose to run away from making a stand.

Muhyiddin said any BN component party could champion its own interests but should not touch on the sensitivities of other component parties or races as this could lead to misunderstandings within the coalition.

He said anything the MCA fought for was just as important to the BN because it was part of the coalition.

"I do not think MCA will sacrifice the team spirit in the BN and take the side of the DAP," he said.

On Chua's speech at the Malaysian Chinese Economic Congress on Saturday calling for the Bumiputera equity target of 30 per cent to be reduced in stages, Muhyiddin said it was not reasonable as the target had yet to be achieved.

The programme launched on Monday is an initiative of Yayasan Wilayah Persekutuan and is aimed at helping city dwellers in the event there is a death in the family.

It is open to registered voters here and requires a one-time fee of RM5. Families will be eligible to receive RM2,500 in financial aid in the event of death of a family member.

At the function, Muhyiddin also handed over financial aid in conjunction with Ramadan to 320 needy people consisting of old folk, single mothers and orphans. - Bernama

Also present were his wife Puan Sri Norainee Abdul Rahman and Federal Territories and Urban Wellbeing Minister Senator Datuk Raja Nong Chik Raja Zainal Abidin.

-- BERNAMA

Anwar's Application thrown out

Malaysian judge accepts claim of affair between accuser, prosecutor in Anwar's sodomy trial
KUALA LUMPUR, Malaysia — A Malaysian judge said Monday he considered allegations of an affair between a government prosecution lawyer and the man who accused opposition leader Anwar Ibrahim of sodomy to be true but the relationship did not compromise the case.
Anwar insists the sodomy charge against him should be dropped after an opposition-linked activist claimed last month that a young female prosecution attorney in the trial had a recent affair with Anwar's accuser, a 25-year-old male former aide. Neither of them has directly responded to the allegation.
Anwar faces up to 20 years in prison if convicted of sodomizing his ex-aide, Saiful Bukhari Azlan. He insists the government concocted the charge in 2008 to sideline him after his opposition alliance made unprecedented electoral gains. Government authorities deny conspiring against Anwar.
High Court Judge Mohamad Zabidin Diah ruled Monday that the prosecution team in the trial had accepted the allegations of an affair to be true because it did not directly confirm or deny them.
"The court must accept what is stated as true," he said.
However, Mohamad Zabidin rejected Anwar's request for the charge to be dropped, saying the affair claim did not compromise the prosecution's integrity. Prosecution lawyers have argued that Farah Azlina Latif had been a junior member of the team and never had important documents in her possession.
Malaysia's attorney general ordered Farah removed from the case last month. He said although there was no proof to support the claim of an affair, the move would protect the prosecution's credibility.
The defence claims Farah might have leaked confidential information to Saiful, who should not have access to prosecution strategies.
Mohamad Zabidin postponed trial hearings until Sept. 20 after Anwar's lawyers said they would appeal his decision.
This is the second time Anwar has been accused of sodomy, a crime in this Muslim-majority country. He was imprisoned for six years starting in 1998 for sodomy and corruption. The sodomy conviction was later overturned.

APCO-UMNO Deal

RM77 million: ‘Malaysia is Apco’s top client’

FMT
By FMT Staff

SHAH ALAM: At RM77 million, Malaysia has become global public relations company Apco Worldwide’s highest paying client! This is according to Indera Mahkota MP Azan Ismail who said a former US ambassador to Malaysia had revealed this to him.
“I was informed by a former US ambassador that from among Apco’s 50 branches in the world, not even one has received RM77 million in billings.

“The highest a client has paid is between US$2 million (RM6.3 million) and US$7 million only.

“This disclosure has raised several worrying questions,” he said.

Apco was appointed by Prime Minister Najib Tun Razak on July 15, 2009, to rebuild Malaysia’s image here and abroad through its 1Malaysia concept.

But after a year of the concept being introduced and millions spent, Deputy Prime Minister Muhyiddin Yassin has admitted that the campaign had failed to achieve its targets and the public still had not grasped the full meaning of the concept of 1Malaysia.

Yet despite the “failure” of the concept, the Barisan Nasional government has renewed its contract with Apco Worlwide, maintaining it as its international consultants.

“The government must terminate Apco. Reneweing Apco’s contract amidst controversy simply means there is is a hidden agenda.

“Even (former prime minister) Dr Mahathir Mohamad has admitted that the 1Malaysia concept was weak, yet the government has gone ahead and renewed the deal. There appears to be another hidden aim.

“We are concerned that the RM77 million is being used for other purposes,” he said.

Najib-Muhyiddin rift

Azan also voiced his concern over Muhyddin’s comment that the campaign had failed to tickle public understanding of the spirit.

“My first question is, why is it difficult for the people to understand the 1Malaysia concept?

“Thus far, what is obvious is that this 1Malaysia campaign introduced by the Jews has had negative effects... for a start, our top two leaders (Najib and Muhyiddin) are not united in their acceptance of the 1Malaysia concept.

“We have spent tens of millions for the campaign... but all it has done is left us confused. If Muhyddin is confused, what more the people?” he asked.

Azan said the statements by Mahathir and Muhyiddin on Aug 3 about the weakness of the 1Malaysia campaign is a painful slap for Najib.

An opportunistic Muhyiddin, who was acting prime minister at the time, had further derided Najib’s 1Malaysia concept, underscoring the widening rift between the nation’s top two leaders.

“Muhyiddin's comments seem to have been made delibrately, aimed at discrediting the concept mooted and championed by the prime minister. It’s as if other elements are in play,” he said.

Azan said while the campaign had failed to kindle unity among Malaysians, it had, however, given birth to extremist groups such as Perkasa (Pertubuhan Pribumi Perkasa Malaysia), which was an Umno proxy.

“Perkasa is the government’s biggest liability. It has also eroded unity in the country. This in essence contradicts Najib’s 1Malaysia philosophy.

“It’s obvious that 1Malaysia is only a slogan and its implementation far from its aims, especially in Sabah and Sarawak.

“Before, we criticised Islam Hadhari, but at least we understood what it was. But 1Malaysia is like a new religion which is being introduced to us… an idol to be worshipped,” Azan added.

MCA-UMNO Clash


Umno-MCA war: Utusan begins assault on MCA

FMT
By Syed Jaymal Zahiid

KUALA LUMPUR: The rumble between Umno and its Chinese allies in the Barisan Nasional has escalated, with the Umno-linked newspaper Utusan Malaysia dedicating pages of articles focused on flaying the MCA following its bold calls for economic liberalisation.
The MCA-organised Chinese Economic Congress last Saturday passed 13 resolutions, with some touching on sensitive policies such as calling for the gradual removal of the 30% Bumiputera corporate equity, and increased participation of non-Malays in government-linked companies.

This forced Umno's top leaders to retaliate, with its deputy president Muhyiddin Yassin and vice-president Hishammuddin Tun Hussein warning MCA to stick to the ruling coalition's struggle and principles.

But MCA president Dr Chua Soi Lek will not barge, arguing that Umno's old ways of doing things and the failure by the Malay party to recognise its weaknesses will only lead to MCA's demise.

In an apparent retaliation against MCA and its president, Utusan published stinging articles with venomous headlines like "MCA's demands are ungrateful", "Don't play with fire" and a half-page column urging the Chinese party to tow the line.

There was also an article seemingly aimed at fanning racial sentiments when it attacked Chua's statement yesterday that MCA will have no qualms sharing similar stance with the DAP for the benefit of the electorate.

No space was given to Chinese voices on the issue.
In the column entitled 'Hormati sepakatan sedia ada' (Respect the current pact), the writer dismissed the demands by MCA and its readiness to stand on the same ground as the DAP as "immature". She also described the DAP as rogues who are disrespectful of the Malays.

There was also a clear intention to drive a wedge between PAS and the DAP and instigating racial sentiments in the article when the writer said the Chinese-based party in Pakatan Rakyat is the stumbling block to PAS' Islamic state aspirations.

"Just look at the demands made by the Chinese Economic Congress. Among its demands is that the government gives licences to F class contractors based on merits and not race. Doesn't Chua Soi Lek know that the majority of F class contractors are Bumiputeras whose livelihoods depend on Chinese suppliers... in this context, who are the kings of the economy if not the Chinese?" wrote the writer.

Several parts of the column condemned the MCA and Chua for being "insensitive" to the "economic plight" of the Malays and also rebuked them for being unable to comprehend the idea of "just and equitable economic distribution".

Malays have been tolerant enough

Chua, a former health minister, had also said that MCA, which is drastically losing support, must change its ways to stay relevant among the voters and is resolved to regain their trust no matter what the risks are.

The articles in Utusan harped on this. Many called the shift of paradigm in MCA's battle for voters "arrogant" and bordering on extremism, with total disregard for the Federal Constitution which enshrines Malay special positions in the country.

"Are there no other ways for MCA to win back Chinese support? Why are they making the Malays the scapegoat?

"The fact of the matter... is that everytime there is a new demand that corrodes the special position of the Bumiputeras that has been agreed upon, the feelings... of the Bumiputeras especially the Malays are hurt.

"The fact of the matter is that the Malays have long been tolerant up to the point where some would say: 'Never mind that some of the citizens can't even speak the national language as long as we live in peace and harmony," read the column.

The assaults by Utusan and the warnings by Umno have now placed MCA in a fix: it risks straining relations with the Malay party, the ruling coalition's lynchpin, or be labelled as cowards and lose more Chinese support if it backs down on its demands.

Either way, the opposition, particularly the DAP, would be ready to exploit the worsening tension between the two in the battle for Chinese votes and these are testing times for the 61-year-old MCA.

Also read:
DPM warns MCA on Bumi equity
MCA-Umno tension worsens with Chua joining the fray

Judging the judge

 Judith S Kaye
August 12,2010

 A MATTER OF RIGHTS AND WRONGS.

Every day, judges are called upon to resolve issues profoundly affecting the lives of our citizenry. Despite their diverse backgrounds and life experiences, men and women of good character are united in their commitment to decide each case fairly and impartially, consistent with their oaths of office.
No one would today argue that women judges cannot fairly preside over claims of sexual harassment, or that African-American judges should be disqualified from race discrimination cases. Yet word is now being circulated that the judge who presided over the federal trial regarding the constitutionality of Proposition 8 is gay and therefore should have recused himself from the case.
On August 4, 2010, United States District Court Chief Judge Vaughn R. Walker held in a 136-page opinion that "Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights" under the United States Constitution and struck down that law. Proposition 8 is the California ballot initiative that eliminated the right of same-sex couples to marry.
In the interest of full disclosure, I mention that in 2006, as Chief Judge of New York State's highest court, I dissented from the decision that the New York Constitution does not guarantee same-sex marriage rights. I write, however, not to address the merits of the constitutional issue but to challenge the attacks on Chief Judge Walker designed to influence the outcome of the California case as it enters into the appellate stage and feed the insidious fiction that judging is a political process in which judges decide cases based on personal agendas or political or religious beliefs.
Although Chief Judge Walker has been on the bench for more than twenty years, having been appointed by Republican President George H.W. Bush, his impartiality as a judge is now being questioned, after conclusion of the trial. (Notably, his initial nomination by President Reagan was stalled for two years in large part because of strong opposition from none other than the gay community.)
To be sure, all judges have personal qualities, among them sex, age, race, background, experience and religious beliefs. And thankfully, these characteristics among our Judiciary are more varied than ever before, reflecting the diversity of our society. But this does not mean that judges are less able to look beyond personal factors and decide cases based on the facts and the law. Above all, a judge's personal characteristics should not be the basis for an attack on judicial independence, a bedrock principle of our democracy.
Whatever the truth about Chief Judge Walker's sexual orientation, the contention that a gay judge should be disqualified from ruling on a matter affecting gay litigants is not only groundless but also enormously disrespectful to the judge.
Judges have an affirmative duty in every case to rigorously search their conscience to determine whether they believe they are able to rule fairly and impartially. By definition, Chief Judge Walker did precisely this and concluded that he was capable of deciding this case -- which was randomly assigned to him -- fairly and impartially.
To now presume because of his sexual orientation that he was mistaken, or worse, and based his ruling on personal, not legal, considerations, is a serious accusation, and an attack on the very core of the Judge's integrity. Significantly, the Proposition 8 supporters litigating before Judge Walker did not challenge his ability to decide the case fairly and did not seek his recusal.
If personal characteristics were the automatic disqualifier that Chief Judge Walker's critics suggest it is, where would it end? Should Justice Ruth Bader Ginsburg recuse herself from all sex discrimination cases? She is a woman who spent much of her early professional career advocating for women's rights. Should the Catholic Justices on the U.S. Supreme Court recuse themselves from death penalty and abortion cases because they belong to a church that has registered strong opposition on these issues?
Should Justice Thurgood Marshall have been barred from deciding cases involving civil rights? He was not only African-American but also the NAACP's Chief Legal Counsel and argued Brown v. Board of Education before the Supreme Court. How about the sexual orientation of close family members of a sitting judge -- is that also now to be automatically disqualifying in cases involving gay rights?
When Judge Leon Higginbotham was a young federal District Court judge presiding over an employment discrimination action, he wrote a seminal decision denying a litigant's recusal motion that was based on the judge's being an African-American and having been involved in the civil rights movement. Judge Higginbotham pointed out that until 1961, no judge had been confronted with the issues raised by the defendant's motion because no African-American had been appointed as a federal judge. He concluded: "If blacks could accept the fact of their manifest absence from the federal judicial process for almost two centuries, the plain truth is that white litigants are now going to have to accept the new day where the judiciary will not be entirely white and where some black judges will adjudicate cases involving race relations."
The increasing diversity of the federal and state bench should be viewed as a cause for celebration, not an occasion to attack the men and women who eschew personal financial gain for the job of daily striving to apply the law to the facts fairly and reach a just result. Chief Judge Walker, our Judiciary and our justice system deserve better.
 
Huffingtonpost

Internet Censorship

Written by Pavin Chachavalpongpun   
Thursday, 22 July 2010
ImageGovernment objective: Hear no evil, speak no evil

Global Voices Advocacy (GVD), a global anti-censorship network of bloggers and online activists, has launched a shocking report that Thailand has blocked at least 113,000 websites deemed to pose a threat to national security.

With its objective to defend free speech online, Global Voices revealed that Thailand's Ministry of Information and Communication Technology (MICT) and the Centre for the Resolution of Emergency Situations (CRES) admitted to blocking 48,000 websites in May this year, 50,000 in June and July and adding 500 more per day. Asia Sentinel has been blocked intermittently in Thailand over stories critical of the political crisis in the country.

Meanwhile, Freedom against Censorship Thailand (FACT), whose website has also been blocked, conducted its own extensive testing across Thai Internet service providers (ISPs). It found that ISPs blocked at least a further 15,000. GVD has already criticized the government's policy on curbing freedom of media and called Thailand an "Internet Desert" approaching leaders' paranoia in Burma and North Korea.

Almost all blocked websites were accused of breaching Thailand's infamous lèse-majesté law.
Lèse-majesté, or the crime of injury to the royalty, is defined by Article 112 of the Thai Criminal Code, which states that defamatory, insulting or threatening comments about the king, queen and regent are punishable by three to 15 years in prison.

On top of this, the information ministry announced a blacklist of 200 persons banned from posting to the Internet. This restriction was undefined but presumably all sites bearing these names will be blocked. This list includes former Minister of the Prime Minister's Office and Thaksin's confidante Jakrapob Penkair, and Chulalongkorn University Professor Giles Ji Ungpakorn. Early this month (July), the Department of Special Investigation, which handles cases involving plots to overthrow the monarchy, also set up nine teams to improve efficiency in dealing with the anti-monarchy network.

The Abhisit government has long battled with the so-called anti-monarchy movement. Dangerously, the battle has opened doors for lèse-majesté law to be abused, ironically by the royalists themselves. In July 2009, Laksana Kornsilpa, a critic of Thaksin, filed a lèse-majesté complaint against the Foreign Correspondents' Club of Thailand (FCCT) entire board of 13 members for providing platform for anti-monarchy campaign. She referred to Jakrapob's controversial talk at the FCCT in August 2007. The content of his talk cannot be revealed since the revelation can be considered a breach of the lèse-majesté law.

Human rights groups have voiced their concerns about the arbitrary use of lèse-majesté. They say they believe the law has been employed as the government's weapon to silence the opposition. So far, it has effectively built up a climate of fear under which those who possess dissenting views now resort to practicing self-censorship as they express their political opinions.

The murky investigation/prosecution process has also added up to the intensity of fear. Nobody really knows about how many sets of blacklists the Thai authorities have been making. Who is indeed responsible for cases involving the violation of lèse-majesté law? The police? The DSI? The MICT? The Foreign Ministry (for the crime committed outside Thailand)? Or the Immigration Office?

The punishment is also getting harsher since the state authorities have defined the threat to monarchy so closely with the concept of national security.

"In Thailand, the monarchy is not only a symbolic institution. It is the pillar of national security," said Pirapan Salirathavibhaga, a former judge. "Whatever is deemed as affecting the monarchy must be treated as a threat to national security."

So far, the blocking of websites has further deepened the politicization of the monarchy and served to damage, not safeguard, the institution. Social critic and lèse-majesté case defendant Sulak Sivaraksa said: "The problem of abusing the lèse-majesté law is now utterly messy. The fact that leading world intellectuals like Noam Chomsky and others have petitioned to Abhisit to reform the law is a testimony to it."

Blocking websites will prove to be futile since the world of Internet is borderless. How many websites have to be closed down in order to protect national security? In reality, the government's latest move is likely to hinder its own effort to achieve reconciliation. The government may argue that some websites with malicious intent must be banned. But exploiting lèse-majesté law to undermine political opponents will further deepen social injustice and aggravate hatred that has prevailed in the Thai society.

Pavin Chachavalpongpun is a Fellow at the Institute of Southeast Asian Studies. This is his personal view.
 

BN Leaders are living in their Own World

Monday, 16 August 2010 19:20
chua-soi-lek-hishamuddin-mca-umnoKUALA LUMPUR - Forget the cyber war that's brewing. A more profound war appears to be looming all of a sudden that involves allies in the ruling coalition - MCA and Umno.

In a hard-hitting press statement Monday, MCA president Dr Chua Soi Lek accused "some Barisan Nasional leaders" of continuing to "live in their own world" and if they continue to do so, they will certainly push MCA to its doom.

In a rebuttal to Umno vice-president Hishammuddin Hussein's blunt reminder yesterday that MCA should not forget the BN struggle when fighting for Chinese demands, Chua said it only shows that some BN leaders have yet to learn from the 2008 general election.

"They do not understand the urge of the people to reform," he said.

He said the new MCA leaderhship understood that it must change to regain the people's support and trust.

Chua said while MCA respects Hishammuddin's view, he cannot blame MCA for deviating from the objectives and struggles of BN simply because the party has a different voice from him or other component party leaders.

"The new MCA leadership strongly believes that its political struggle is totally reasonable and legal," he said in his statement.

Chua added that MCA will not be afraid for sharing similar views with DAP in terms of the benefit of the community and it will not run away from making a stand.

"MCA will push hard for the implementation of the 13 resolutions passed during the Chinese Economic Congress held on Saturday because the resolutions are not only related to the Chinese community but also the future of the country's economic development."

"MCA reckons that it has the responsibility to reflect the wishes of the Chinese community due to globalisation. Otherwise, not only MCA will lose the community's support, it will not be able to also justify its political existence."

On Saturday, Prime Minister Najib Abdul Razak had called on the Malaysian Chinese community to play a leading role in helping the country to become a high-income economy.

Opening the Chinese Economic Congress on "The Role of the Chinese Community in Achieving the New Economic Model (NEM) and the 10th Malaysia Plan (10MP) Targets" in Kuala Lumpur, Najib said they must play that role through economic innovation in genuine partnership with the other communities.

Meanwhile, MCA vice president Chor Chee Heung, in a press statement Monday, said MCA has never questioned the special position of the Malay as outlined in Article 153 of the Federal Constitution.

"MCA recognizes the noble objectives of the NEP which was to eradicate poverty regardless of ethnic background," he said.

Echoing the words of CIMB Group Ceo Nazir Abdul Razak where he said that the NEP’s “implementation has been hijacked by self-interest groups”, Chor said these weaknesses have to be rectified.

"Affirmative action policies should be based on needs and merit - colour blind to ethnicity," he said.

"MCA has consistently showed its loyalty to BN. In times when UMNO had encountered difficulties in the 1980s and 1990s, MCA never had abandoned UMNO.

"Nevertheless, we also have to take cognizance that such a statement from a coalition partner which hinges on political hegemony causes voters to turn away from BN," he said in his statement.
Meanwhile, Hishammuddin reportedly defended his statement and said he had never intended to criticise MCA.

An online news portal quoted him as saying: “I did not make any statement against MCA but I told MCA that the landscape requires for us to look inside and look forward. Umno has done that in our reforms.

"I think it is time for the component parties and not just MCA to work together and move forward. I think the time is right and we have to do it now,” he said this after visiting Sin Chew Daily headquarters in Petaling Jaya on Monday.

Hishammuddin reportedly also claimed that his reminder was welcomed by MCA members. - MM

Pempena Scandal

Tourism Ministry DG, ex- officials charged with CB

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UPDATED KUALA LUMPUR: Tourism Malaysia director-general Mirza Mohammad Taiyab Beg pleaded not guilty to criminal breach of trust (CBT) involving RM888,000 at the Sessions Court today.
He was jointly charged with former Pempena Sdn Bhd chief operations officer Mohammad Rosly Md Selamat, 56, who also claimed trial. Pembena is a failed subsidiary of Tourism Malaysia.

Mirza, 52 and Mohammad Rosly are charged with committing the offence at the Pempena office in the Putra World Trade Centre here on Feb 27, 2007.

They are accused of paying RM888,000 to LCL Interior LCL Dubai for a project to build a restaurant in Dubai even though the project did not fulfil the necessary requirements.

Sessions Court judge Azizah Mahamud granted Mirza and Mohammad Rosly a bail of RM30,000 and RM50,000 with one surety respectively. She also fixed Sept 6 for the next mention.

Mirza was represented by Shashi Menon while lawyer Rejinder Singh acted for Mohammad Rosly.

Deputy Public Prosecutors Nahra Dollah and Rebecca Mathan appeared for the prosecution.

This is the second time Mirza has been charged in court for abusing his position.

In July 2009, he was however acquitted by the Sessions Court of a charge of accepting dental treatment from a company director without consideration in 2005.
Judge Zainal Abidin Kamarudin said then that the prosecution had failed to prove the element of criminal intent on Mirza’s part that he had accepted the valuable thing in the form of the treatment from the director.
Mohammad Rosly's other charge
Earlier today, in another Sessions Court, two former senior officers of Pempena, including Mohammad Rosly, pleaded not guilty to committing criminal breach of trust, involving RM169,770, four years ago.
Former financial controller Lim Khing Tai, 38 was charged with Mohammad Rosly.

Mohammad Rosly and Lim are jointly charged in their capacities as the office-bearers, with committing the offence by dishonestly paying RM169,770, via four Bumiputra Commerce Bhd cheques, to Ummi Hafilda Ali as sponsorship fee to organise a Amr Diab concert despite knowing that the payment had yet to be approved by Pempena's board of directors.

The offence was allegedly committed at the office of Pempena Sdn Bhd, 29th Floor, Menara Dato' Onn, Putra World Trade Centre, on Aug 15, 2006.

Mohammad Rosly and Lim were charged under Section 409 of the Penal Code, read together with Section 34 of the same code.

If convicted, they could be sentenced to a maximum 20 years jail, whipping and liable to a fine. Judge Rozana Ali Yusoff set bail at RM20,000 bail with one surety for each of the accused and fixed Sept 6 for mention.

She also ordered Lim to surrender his passport today and Mohammad Rosly to surrender his on Sept 6 when he returned from Melbourne, Australia, after attending a family reunion.

Deputy public prosecutor Muhamad Anas Mahadzir prosecuted while Mohammad Rosly and Lim were represented by lawyers Rejender Singh and Cheow Wee, respectively.

- Bernama

Judiciary First

'Clean up the judiciary first'

By Teoh El Sen

KUALA LUMPUR: The Malaysian judiciary needs to improve to restore the people's confidence in the courts, said lawyer-activist Edmund Bon.
Bon said that until today, the perception that the judiciary is "executive-compliant" still remains.

"When people have no faith in the courts, then confidence in seeking a fair remedy will be at an all-time low," said the Bar Council member and chairman of the constitutional law committee.

Bon admitted there are some "very, very good judges" but said he felt depressed that some do not get recognised or promoted because of their independence.

Asked what should be done, Bon said the judiciary first needed an internal clean-up following the findings and recommendations of the Royal Commission of Inquiry into the VK Lingam judge fixing fiasco.

"Until now, there are recommendations in the report that the Attorney-General and the government have not implemented. There are also several sitting judges named... and allegations of corrupt practices which have not been dealt with," he said.

Bon said the judiciary ought to look at itself, too, despite the Judicial Appointments Committee being set up to rid itself of the poor perception in the appointments mechanism.

Unrealistic goals
On the Key Performance Indicator (KPI) system, Bon said he believed that "unrealistic" goals have forced the standard of justice to drop.

"For all these years the courts have been lackadaisical in dealing with cases, then you change the system to be overly efficient overnight. It is extremely difficult for litigants and lawyers to cope. Many cases are struck out without the litigants getting a fair chance to have themselves heard," he said.

The KPI system was introduced by Chief Justice Zaki Azmi for judges two years ago to clear the backlog of cases and create an efficient judicial system.

"This move by the Chief Justice is a breath of fresh air and is necessary. He has been proactive and responsive when there are problems, immediately sorting the complaints on a phone call. On the whole, the system works as the cases go on as scheduled and lawyers are able to collect fees on time and close files,” said Bon.

“We may have the best KPI and clear as many cases as we want, yet if the people do not feel that the judiciary is independent, we would have failed,” he added.

“No one will remember a legacy of clearing cases fast, but people will remember a politically-charged case when a court makes an unjust decision."

Serious amendments

But Bon said the most recent amendments to increase the jurisdiction of the subordinate courts is worrying.

He said such serious amendments should have been done in consultation with the Bar Council.

"Consultation is not a one-way street. We are told about it at the last hour and in the next moment, it’s passed in Parliament. Then we have a deputy minister expressing surprise that the Bar Council had objected so late in the day! You can’t blame anyone for thinking that we are irrelevant.”

"We are concerned because it means that lower courts may issue injunctions and deal with high-value claims when the level of competency is still left much to be desired. Extraordinary powers should be given after a proper study," said Bon

He said the simple answer to this was to appoint more High Court judges.

He added that the Bar Council had already sent a memorandum and asked for a deferment of the amendments.

"The other problem is when we give more powers to the lower courts (deciding on) cases against the government. If we want to do that, we should separate the judicial from the legal service," said Bon, explaining that lower court judges are appointed by the Judicial and Legal Services Commission, of which the Attorney-General is a member, while High Court judges are appointed by the King.

Ghosts of the past


Bon also said Zaki cannot simply say that he is "looking forward" and "whatever happened in the past is irrelevant".

"Yes, we have to do things to move us forward, but the ghosts of the past will always haunt us when we try to sweep matters under the carpet."

Bon said the appointment of Zaki, who once had close ties with Umno, is not very different from the 1988 judicial crisis.

"Then the executive removed the head of the judiciary and it was quite obvious what was happening. Appointing someone close to the ruling party to control the judiciary is less obvious."

"I think the CJ has turned the administration around, but the perception of 'business as usual' in terms of independence has not been dispelled."
 FMT

Ground Zero Mosque Issue

EDITORIAL

Mosque issue brings out the opportunists


There is no shortage of people looking to gain political capital from New York's Ground Zero Islam debate


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Once again the issue of religious tolerance is confronting the United States. The uproar over the proposed Muslim/interfaith community centre near "Ground Zero" in New York has rekindled the debate over Islam in post-9/11 America. And this time, a number of political bigwigs have jumped on the bandwagon to make their voices heard, generating political capital along the way.

Although he fell short of endorsing the community centre itself, President Barack Obama did the right thing by taking his stance based on the core value that the country was founded upon. Speaking at a White House dinner to recognise the fasting month of Ramadan, Obama said Muslims "have the same right to practice their religion as everyone else in this country. � This is America. And our commitment to religious freedom must be unshakeable".
The builders of the proposed community centre, Daisy Khan and her husband, Imam Feisal Abdul Rauf, saw the project as a community facility, or so they thought. Besides a prayer room, the centre - which is often referred to as Park 51 - would devote the rest of its space to classrooms, an auditorium, galleries, a restaurant, a memorial to the victims of September 11, and a gymnasium with a swimming pool. The site is two blocks away from the former World Trade Centre site, now known as Ground Zero.
The couple behind the proposed centre is known for speaking out against religious violence, and have consulted with Jews and Christians in Manhattan on how to move their project forward. Among their supporters are the Jewish Community Centre in Manhattan, the United Jewish Federation of New York, the Trinity Church and September 11 Families for a Peaceful Tomorrow. Khan has also "joined the board of the 9/11 memorial and museum".
A Kuwaiti immigrant, Faisal is the author of "What's Right With Islam Is What's Right with America". He is also vice-chair of the Interfaith Centre of New York.
The couple runs the American Society for Muslim Advancement, which promotes interfaith collaboration, and is also involved in youth and women's empowerment. Moreover, the FBI has been consulting Imam Faisal for help with "sensitive training" for its agents and police officers.
All in all, the couple has probably done more than any other ordinary Americans in terms of helping the country's people and government come to terms with the scars of September 11.
Apparently, that's not enough for some people.
Indeed, it didn't take long for national political figures like Sarah Palin and Newt Gingrich to unleash their wrath. Others followed suit, including former presidential candidate Senator John McCain, and the Anti-Defamation League, a Jewish civil rights organisation.
As noted in a recent poll published in the American press, the farther away from Ground Zero one gets, the greater the number of opponents of the plan. While a great number of people in Manhattan support it, people in Kansas don't.
While Palin appealed to "the anguish of the families and friends of those who were killed on September 11, 2001", Gingrich called the proposed centre "an assertion of Islamist triumphalism" and added that supporters of the project were "apologists for radical Islamist hypocrisy".  The so-called intellectual light of the Republican Party also stated that: "There should be no mosque near Ground Zero in New York so long as there are no churches or synagogues in Saudi Arabia."
Perhaps the Bangkok government should urge Gingrich to include Buddhist temples on his list of what should be permitted in Saudi Arabia. Apparently, Palin and Gingrich think that anguish entitles one to abandon tolerance and rationality. The sad thing about this is that many Americans feel the same way.
For men and women running for public office, political exploitation is nothing new, and certainly this behaviour is not confined to America. There is plenty to go around in Thailand, Southeast Asia and everywhere else. But what transpires in Lower Manhattan will matter not just to Americans but the world as well. How America deals with its Muslim citizens will make an impression on how it is perceived around the world, not least among Muslim countries. If the era of former President George W Bush tells us anything, it is that how the US deals with the Muslim world affects us all.

ICT in Thailand

How ICT will change Thailand


Plans drawn for decade-long development strategy
Public hearings are under way in Bangkok and elsewhere in Thailand to consider a draft framework for national policy on information and communications technology covering the next decade.
The draft framework, called ICT 2020, has been developed by the Information and Communications Technology Ministry and the National Electronic and Computer Technology Centre (Nectec). It aims to establish the directions in which information and communications technologies (ICT) will develop in Thailand from 2011 to 2020. It has the concept and goal "Smart Government 2020".
The draft is expected to be submitted to the National Information and Communications Technology Committee by the end of this month, following the end of public hearings, and later to be forwarded to the Cabinet for approval.
Nectec's deputy executive director Chadamas Thuvasethakul said the framework set out to create strategies that would ensure the continued development of ICT to support and enhance the quality of life for all Thai people. It will also create opportunities for Thai people to access knowledge and information via broadband access by ensuring "last mile" [remote rural] access around the country.
The current public hearings both invite public opinions on the draft and promote awareness of ICT 2020, which will come into effect next year. The hearings are expected to be complete by the end of this month. After Cabinet approval, work is expected to begin in October on developing ICT plans for government agencies, according to the provisions of ICT 2020.
The draft framework consists of seven strategies:
1. Providing and developing ICT and broadband infrastructure to allow access to information via broadband Internet for about 95 per cent of Thailand's population by 2020. This will include "last mile" access to remote areas. While about 50 per cent of students in the country currently have computers and can access information from their homes, this will increase to 75 per cent by 2020. Aspects of this strategy also aim to reduce by at least 25 per cent the importing of telecommunications peripherals from international suppliers.
2. Developing ICT human capital and general IT literacy. The draft focuses on three areas: ICT professionals, ICT-competent workers or the general workforce and individual ICT users. The latter aims to reduce the problem of the "digital divide", with the hope that by 2020 at least 75 per cent of Thai people will benefit from IT literacy with ability to access information. At present, only half of the Thai people realise the important role ICT has in the economy, social development and environment issues. The workforce-related goal is to produce people with a capacity for productivity and international standards. ICT experts will be developed to support both the domestic and international markets.
This strategy also encourages the government to spend much more on research and development, which will help to improve Thailand's competitiveness.
3. Enhancing and creating competitiveness for Thailand's ICT industry. The overall aim is to increase the industry's value to the economy by bringing revenue into the country and supporting the Asean community after 2015. The strategy aims for a domestic ICT industry that represents at least 6.5 per cent of gross domestic product by 2015, increasing to 7 per cent by 2020. It also aims for exports of ICT products, digital content and services with a compound annual growth rate of at least 10 per cent.
4. Developing ICT for good governance and smart government. The draft foresees government agencies being able to provide information, knowledge and communication. This "intelligent government" will feature integration, open government data and e-participation, and government e-services portals will provide services to all Thai people with equal quality.
5. Developing and applying ICT in order to lift the productivity of manufacturing and agricultural industries. This strategy will promote smart services and smart agricultural practices that are expected to increase national productivity and reduce logistics costs.
6. Developing ICT for "life-long learning". This strategy will promote the development of low-cost ICT devices for Thai people by local researchers and developers. It will also encourage people to access knowledge online as a form of life-long learning and promote ICT use by all Thai people.
7. Developing ICT for a green economy and society. This strategy will support moves towards the development of green cities and promote the use of ICT to support a green environment. 
Chadamas said public hearings in Bangkok and upcountry were gathering information and directions from the public that would help ICT 2020 to enhance Thailand's ICT productivity in the future.
Some people have suggested at the public hearings that the ICT 2020 draft should also cover national security, privacy, network security and the arrival of next-generation networks, in order that these issues, as they may affect Thai people, can be addressed, she said.

Billions in Peril

Privatisation leaves billions in peril

A man cleans his hands with sanitiser near an AH1N1 flu prevention poster in Buenos Aires, Argentina on 07 July 2009. The liberalisation of trade and the relocation of multilateral health corporations to developing country markets have contributed to the privatisation of health. Several US-based managed-care organisations have entered Latin America and Asia, seeking access to public social security funds.Picture: EPA
Monday, August 16, 2010
BILLIONS of poor people who lack adequate access to healthcare and old-age security are posing a key challenge in developing countries that undertook drastic reforms and privatised social security systems at the behest of the World Bank.

A new report by the Washington-based Bretton Woods Project (BWP) says that the privatisation reforms, which were first launched more than three decades ago, are failing to benefit the majority. But national governments, pressed by local elites, multilateral agencies and global corporate and financial interests, have contributed significant public resources towards enacting the reforms.

What is more, despite having their images tarnished by the global financial crises, international corporate and financial interests are still pushing the increasing "financialisation" the expanding systemic power and scope of finance and financial markets and actors of people's lives in developing countries, says the report authored by Sheena Sumaria.

Social security systems matter as they can impact existing inequalities, and have the potential to transform society where markets are failing to do so. Private systems, in the hands of private finance, are embedded in existing social structures and serve to further marginalise the large numbers of those in poverty.

"This is especially important in todays globalising world in which inequalities between and within countries are widening, and ever increasing numbers of the worlds poor only have access to sporadic and informal employment," says Sumaria.

The author of the report goes on to say that the liberalisation of trade and the relocation of multilateral health corporations to developing country markets have contributed to the privatisation of health. Several US-based managed-care organisations have entered Latin America and Asia, seeking access to public social security funds.

Over the last three decades, finance has grown rapidly in terms of activities, markets, institutions and profits. By the end of 2008, the global insurance industry held US$18.7 trillion of funds under management, with global insurance premiums at US$4.3 trillion.

"Banks and insurance companies earn interest spreads, fees and commissions directly off worker health insurance and pensions contributions, including from the poorest layers of society," says the report's author Sumaria.

Case Studies

The report examines the role of private financial institutions in the reform process by considering two case studies: private pensions in Chile and private health insurance in Argentina. In 1981, Chile was the first country to push through private pension reform, serving as a model for other developing countries. However, many private pension fund management companies are in the hands of foreign financial conglomerates.

Chile's largest private pension manager, Provida, with US$36.1 billion under management, is owned by Spain's largest financial institution BBVA. Between 1981 and 2006, Chilean workers contributed approximately US$50 billion from their salaries towards the private pension schemes, of which private pension mangers and related insurance companies kept one third as commissions and profit.

In Argentina, says the report, the healthcare reforms enacted in the 1990s have also benefited financial corporations, who have extracted large profits and moved capital outside of the health system and the country.

According to professor Celia Iriart from the University of New Mexico, US-owned private health insurer Exxel Group, used high levels of debt to evade tax, transferred capital from Argentina to foreign private accounts by paying high interest on the junk bonds it issued, and drained government resources by keeping part of the revenue of public hospitals it was managing.

The report titled "Social insecurity The financialisation of healthcare and pensions in developing countries" notes with satisfaction that that problems arising from privatised models of health insurance and pensions have not gone completely unnoticed and those who have been adversely affected by such reforms in developing countries have engaged in public campaigns, protests and social movements.

For example in Egypt, several different civil society organisation and political parties are currently battling to stop the World Bank-supported privatisation of the health insurance system.

In El Salvador, the government's health privatisation reforms came to an end in 2003 after solidarity protests and strikes by health workers, doctors, unions and other civil society groups.

Although the private pension system still exists in Chile, in 2008, the country's then president Michelle Bachelet responded to a public campaign, and acted to restore a modest, tax-financed non-contributory public "solidarity" pension of US$150 a month to those with no pension entitlement.

Additionally, she established a supplement to AFP pensions that were lower than US$400 a month, recognising that even private pensions do not deliver to the majority of their customers. The global financial crisis further served to expose the fragility of the financial system, changing public opinion about the effectiveness of financial actors to deliver long-term benefits. The financial services industry, including many pension funds and health insurers have seen huge losses, wiping out the gains made in the "boom" years.

At the onset of the crisis, Argentinean president Christina Kirchner took the radical step of nationalising the pension system, which had been privatised 14 years earlier.

The state regained control over accumulated pensions savings, replacing the private administrators who had paid billions to their executives in salaries and bonuses, while at the same time making huge losses during the credit crunch.

As a result of the nationalisation, Argentineans are now entitled to pensions which are over two-thirds of their salaries representing in most cases, especially those of women, more than double the private pension entitlement.

Caution

Sumaria says: Although the financial crisis has stimulated debate on putting controls on finance, the strength and resilience of the financial sector should not be underestimated. The financial industry spent over US$3 billion lobbying the US Congress on the US Health Reform Bill, which in the end included several concessions for private insurers.

These include a provision which permits insurers to more than double charges to employees with high blood pressure, diabetes or other medical conditions. They also allow insurers to continue using marketing techniques to cherry-pick healthier enrolees.

The report adds: "Although government-funded Medicaid will be expanded to cover 16 million additional low income people, for other Americans who are not eligible for Medicare or Medicaid, they will be forced to take out insurance contracts with private health insurers. This represents an injection of billions of dollars to the very insurance industry responsible for the US healthcare crisis, and some of the same private health insurers which entered Latin American and developing country markets to expand profits."

Turning to developing countries, the report says that by advocating a reduction in the size of the public sector, the governments there are unable to provide decent social protection of their populations as those in the industrialised countries were able to do in the early twentieth century.

However, such prescriptions ignore the models of the newly industrialised countries in East Asia, where publicly administered social security schemes have enjoyed higher coverage rates and lower administrative costs than the privatised systems in Latin America.

Sumana pleads for more research on the role and impact of private financial institutions in the private pensions and health insurance sectors in developing countries, and argues that with many local private providers in the hands of global financial corporations, much of the capital provided by those covered by private schemes flows to foreign accounts and investments over which savers have no control.

Furthermore, the use of leverage and tax loopholes means that developing countries' governments lose out on a potential source of tax revenue. The lack of regulation and instability of the financial sector means that members of the private schemes are left vulnerable to the collapse of the firms or fluctuations in investment returns.

The author concludes: "While much of the agenda of the G20 and other global bodies has turned to financial re-regulation because of the financial crisis, this agenda is ignoring the need of developing countries, especially their poorest and most vulnerable citizens."

IDN-InDepthNews

Mahathir on Gore's comment

Gore, Wolfowitz and Anwar – Dr Mahathir Mohamad

August 16, 2010
AUG 16 – I am merely a Malay Muslim who once led a Third World country. I therefore do not understand democratic politics, the rule of law and justice.
And therefore when Anwar the great statesman and my deputy in the government and the party, challenged me, I charged him with sodomy, beat him up severely and put him in solitary confinement for years.
Strangely for this cruel leader, when he was earlier attacked by another deputy who then collaborated with his own political enemy to challenge me in the 1986 elections, they were not charged with sodomy or anything and thrown into jail.
One was actually made a special Malaysian representative to the United Nations with ministerial rank while the other was free to form a splinter party, collaborated with opposition parties and contested against me in 1990 and 1995.
This must have been an oversight by me. In fact one of them who supported the move to overthrow me, was actually chosen by me to be Deputy Prime Minister and succeeded me as Prime Minister.
Anwar was jailed by the courts for sodomy and abuse of power. But of course Malaysian courts take orders from me when I was Prime Minister.
Could it be that his “acquittal” after I stepped down was also due to influence? God knows.
And then Anwar was once again charged with sodomy during the time of the PM when he was “acquitted”. It is very unimaginative of the government of the time to make the same charge. A smart government would think up of something else more credible.
But this was still a brown-skinned Malay government which just cannot be smart. Or could it be that it was actually the victim of anal rape who decided to tell things as they happened? I would like to say we should wait for the court to decide, but that can take a very long, long time or even never. The delay must be due to Malaysian courts taking orders from the Prime Minister so that Anwar would be able to challenge the government party in the coming election.
Whatever, Malaysians must take heed of the advice by the great leaders of the United States of America, a truly democratic country which democratically exercises veto power in the United Nations, ignored the UN on Iraqi invasion, lies about Iraq’s weapons of mass destruction, uses bombs and cluster bombs and depleted uranium shells and bombs, kill hundreds of thousands of innocent Afghans and Iraqis, arrests and detains just about any Muslim without trial and without benefit of any law, legalised torture of detainees, and supports internationally illegal acts by its allies. Malaysians must never reject the advice of the great leaders of the United States of America, a country dedicated to killing people so they can enjoy democratic rights.
Thank you Mr Gore and thank you Mr neocon Wolfowitz, Anwar’s friend, adviser of Bush on the shock and awe invasion of Iraq which now enjoys so much peace and prosperity that thousands are regularly being blown to kingdom come.
We, the Malay Muslims, must democratically choose your bosom pal as leader of our country. After all he has been accused only of doing what you normally do in your great country.
* Tun Dr Mahathir Mohamad was Malaysia’s fourth prime minister.

Chinese not Impressed

BN yet to impress the Chinese, poll reveals

August 17, 2010
KUALA LUMPUR, Aug 17 — The Chinese will continue to rebuff the Barisan Nasional (BN) if the ruling coalition refuses to implement reforms that will see a fairer distribution of power for the economically-powerful community, according to a recent survey.
According to the synopsis of the poll, conducted by a Malaysian research house between June 27 and July 25, it was found that while Chinese voters were quickly moving away from ethnic-based politics, their political mindset continues to be severely hampered by their anger with the BN government over being treated unfairly and ignored in national policies.
To that effect, 70 per cent of the community now agree that a two-party system was better than the country's present political makeup, largely due to the inability of the ruling party to address long-standing issues, namely that of unequal treatment of the races.
Those polled also expressed disgust and high scepticism at the ruling party's penchant for spouting sweet-sounding promises to woo the non-Malay vote during elections, a trend that was evident during the country's last two by-elections.
In both the Hulu Selangor and Sibu by-elections, a scant number of Chinese votes went to the BN candidate, indicating that the community was not impressed with the ruling party's ambitious promises.
In Hulu Selangor, Prime Minister Datuk Seri Najib Razak committed RM3 million to the refurbishment of a Chinese primary school in Rasa. In Sibu, the premier made his infamous “I help you, you help me” RM5 million pledge for flood mitigation in Rejang Park.
Despite this, the Chinese continued to turn a cold shoulder on the BN and in both by-elections, taunted by the opposition as “buy-elections”, the community only contributed some 30 per cent of their votes to the ruling party.
As such, a mere 66 per cent of those polled in the survey expressed dissatisfaction with the actions of political leaders in making similar election promises, often times revolving around funding for the community's associations, temples and vernacular schools.
To the community, such promises were merely a form of vote-buying and remained insincere so long as there was no progress in efforts to ensure their fair treatment in national policy-making.
The survey polled the opinions of 590 Chinese and 413 Malay respondents via the telephone and included five focus group discussions with Chinese voters in several locations across Peninsular Malaysia.
However, while the Chinese dislike being showered with election sweeteners, their political mindsets continue to be fuelled by their dissatisfaction over being unfairly treated.
They do not think that giving benefits to the non-Malays equalled to being unfair to Malay voters.
Instead, Chinese voters believe that giving benefits to the non-Malays is more an act of fairness to the community rather than an act of unfairness to the Malays.
The survey also discovered that contrary to common perception, an overwhelming majority — 90 per cent — of Chinese voters feel that unity among Malaysians was more important than unity in their own community.
This was further supported by the fact that 66 per cent of the community believed that improving the quality of education in all types of schools was more important than protecting Chinese vernacular schools.
Only 28 per cent of respondents polled believed otherwise.
The focus group discussions revealed that the quality of education was the primary concern of parents when selecting schools for their children.
The reason why many preferred to send their children to Chinese schools was mostly due to the perception of the higher standard of teaching in Chinese schools.
A majority of the Chinese are also against the practice of detention without trial, a provision famously enshrined under the Internal Security Act (ISA).
The poll found that 66 per cent of them were against it while 20 per cent agreed with it.
The main reason found for the community's dissent against preventive laws like the ISA and the Sedition Act was due to their understanding of human rights and their belief that such laws have been abused and were mainly used to target dissidents and opposition leaders.
Despite this, a larger portion of the Chinese feel that economic development was more important than democratic development, with 49 per cent of voters in agreement and 34 per cent feeling otherwise.
From the results of the polls, it can be reasonably concluded that the Chinese voters' support for development in the democratic process was largely due to their feelings of disempowerment and pragmatism.

Where is the RM52Billion given to BUMI?

Guan Eng raps BN for RM52b bumi share loss

August 16, 2010
KUALA LUMPUR, Aug 16 – DAP secretary-general Lim Guan Eng criticised the Barisan Nasional (BN) today for failing to act against those he claimed stole RM52 billion worth of Bumiputera shares from poor Malays.
Prime Minister Datuk Seri Najib Razak reportedly admitted in June last year that only RM2 billion out of the RM54 billion of Bumiputera shares given out since the inception of the New Economic Policy (NEP) in 1971 remained in the hands of the Malays.
“What is surprising is the reluctance by MCA, Umno or even Perkasa to address this important issue of a monstrous hijack of RM52 billion worth of Bumi shares,” said Lim in a statement today.
“All of them have failed to call for action against these saboteurs of the NEP,” added the Penang chief minister (picture).
Lim claimed that BN has refused to take action because the RM54 billion shares were given to the cronies of Umno or BN component parties at the expense of poor Malays.
The NEP has come under fire from Pakatan Rakyat (PR) and businessmen alike for failing its original goal of alleviating poverty by enriching well-connected Malays instead.
“If the RM52 billion worth of Bumi shares still remained in Bumi hands, then the 30 per cent Bumi or Malay equity target under the NEP would have long been achieved,” said Lim.
Najib reportedly said last June that the total Bumiputera equity was only 19.4 per cent, a far cry from the target of 30 per cent almost two decades ago.
During the recent MCA Chinese Economic Congress, Najib had called all Malaysians to jointly grow the economic pie while his younger brother Datuk Seri Nazir Razak, who is the CIMB chief executive officer, had called for a review of the affirmative action policy, citing abuse by Malay and Bumiputera businesses.
Besides urging Chinese private sector companies to spearhead the economic reforms laid out in the New Economic Model (NEM) and the 10th Malaysia Plan (10MP), Najib had also assured the congress that the Foreign Investments Committee (FIC), which monitors the application of the 30 per cent Bumiputera equity policy, would soon be dismantled.
MCA president Datuk Seri Dr Chua Soi Lek had called for a reduction of the 30 per cent Bumiputera equity to liberalise the economy and had proposed appointing non-Bumiputeras in government-linked companies (GLCs), besides creating an open tender system for government procurements.
Such remarks have raised the ire of Perkasa chief Datuk Ibrahim Ali who warned that Umno would lose Malay votes should the ruling coalition remove Malay privileges which he said were enshrined in the Federal Constitution.
Lim also lambasted the BN for refusing to support DAP’s call for a Royal Commission of Inquiry to compel BN leaders who allegedly stole the RM52 billion shares to return them to the government for redistribution among the poor Malays.
“So long as (the) BN government refuses to demand full accountability and action over the ‘lost’ RM52 billion in Bumi shares, they are using the NEP to divide and rule by playing racial antagonism against Malaysians,” said the Bagan MP.
Najib has been accused of flip-flopping over the thorny issue of the 30 per cent Bumiputera equity target when he backtracked on the NEM, which was meant to remove the rent-seeking and patronage practices left over from the NEP, by calling it a “trial balloon” when faced with a sour reaction from some Malay groups.
The Najib administration had also decided to maintain the 30 per cent Bumiputera equity target in the 10MP

MI.

Sodomy 11 Trial Stayed

Sodomy II put off again for Anwar to appeal decision against dismissal

UPDATED @ 06:00:50 PM 16-08-2010
August 16, 2010
KUALA LUMPUR, Aug 16 – The High Court today granted Datuk Seri Anwar Ibrahim a stay of trial proceedings pending his appeal against a court decision earlier today by Judge Datuk Mohd Zabidin Mohd Diah.
Mohd Zabidin had earlier rejected Anwar’s application to strike out the sodomy charge against him following allegations of an affair between a prosecutor and the star witness and complainant in the Sodomy II trial.
Anwar had filed the application on August 2 to have the charges against him dropped following allegations of an affair between Mohd Saiful Bukhari Azlan and deputy public prosecutor Farah Azlina Latif.
Mohd Zabidin, however, granted the application for stay pending an appeal against his own decision, stating that “special circumstances” had been successfully established by Anwar’s defence team.
An appeal (is) not a method to delay (a) trial, (it) must have special circumstances.
“It is fairer if this matter is dealt with (by) the court of appeals before anything else… the application of stay (is) granted,” said Mohd Zabidin.
The judge fixed September 20 as a mention date to decide on when the trial should continue proper, taking into account the date of appeal which has not been fixed yet, as the notice had only been filed today by the defence team, along with the application for stay.
Anwar’s lead counsel Karpal Singh had argued that the ruling made by Mohd Zabidin in the morning was a final order, and that it had disposed of the rights of parties.
“Ruling made is one which would dispose rights of parties. If court decides charge ought to be struck out, that will be the end of the matter.
“The fact (here is) that the matter would become interlocutory if this decision was reversed at the court of appeals level,” said Karpal.
Solicitor-General II Datuk Yusof Zainal Abiden, however, insisted that Mohd Zabidin’s decision this morning was not a final order, hence the application for stay of trial proceedings did not arise.
“It is not (a) final order, so (it) not appealable. Application for stay does not arise.
Mohd Yusof said that  stay should only be granted at the end of the trial, not in the middle of trial proceedings.
Another lawyer for Anwar’s team, Sankara Nair told reporters outside court that the judge had agreed with the defence team’s arguments that should the appeal against the judge’s decision be allowed, prosecutorial and judicial time will be wasted.
“In his judgment, Mohd Zabidin said that the defence has made out special circumstances and that if the trial continued and if the appeal was subsequently allowed, much judicial and prosecutorial time would be wasted.
“There will be also be a waste of public expenses,” said Sankara.
Earlier this morning, Mohd Zabidin had in his judgment, accepted Anwar’s allegations of the affair between Saiful and Farah as the “truth”, as there had been no affidavit-in-reply by the prosecution team concerning Anwar’s claims.
The judge however added that the affidavits by DPP Mohd Hanafiah Zakaria and investigating officer Judy Pereira were sufficient enough to prove that Farah was not privy to investigation and trial documents, and that her role was only limited to taking down notes of trial proceedings.
Mohd Zabidin also said that since Farah was not responsible in conducting the interrogation of witnesses, there would be no “influence” on the part of Saiful on Farah as a result of the “affair”.
Farah has since been dropped from the prosecution team.
Fugitive blogger Raja Petra Kamarudin kick-started the affair rumours in a posting on his Malaysia Today website two weeks ago, claiming that Saiful and Farah were involved in a sexual relationship.
Anwar, the 63-year-old PKR de facto leader, is charged with sodomising Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.01pm and 4.30pm on June 26, 2008.
The former deputy prime minister has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him. He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction.
The trial is taking place 18 months after Anwar was charged in court in August 2008.
Anwar was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.
He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008. The seat had been held in the interim by his wife.
He had earlier led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.
MI

Greater Kuala Lumpur

Monday, August 16, 2010


Greater KL...alamak ada Project lagi!

We live in momentous times. I was 10 when Merdeka came in 1957. Not much that I can remember of those times. May 13 1969 saw me in London. Not studying but more interested in what races the legendary jockey Lester Piggot had at Epsom Downs on that weekend. When Tun Razak died I was in KL and grieved with the nation at the passing of a much respected and loved leader. Under Hussein Onn what I remembered most was the conviction of Harun Idris for corruption. There were anxious moments when Heron was about to be arrested – the question arose as to what was Hussein Onn doing in going after a Malay leader of that stature? But to Hussein Onn that was never an issue. Harun Idris was corrupt and his conviction confirmed that Hussein Onn did the right thing.

  
With Mahathir I was under the impression (wrongly as I know it now!) that all was well until 1989 when he removed Anwar as his deputy. I was in Perth then. I came back to KL when Pak Lah became PM and left before Najib took over. 
And now we are in August 2010. Since Najib took over it has been like riding a roller coaster that has yet to end. Everyday seems to be the dawn of a new horror – for him not me! Every morning I would power my PC and wonder what would happen that day…and the extraordinary thing was that every day something audacious would actually happened. I though that after Altantuya and Perak what else could happen? Kugan did. Teoh Beng Hock did…and then Sodomy Two with Saiful and Anwar…which just goes to show what momentous times we live in because history was being made every day!
These amazing 14 months since he took office will be long remembered as an era never before been seen in the history of our country. The farce and theatre revolving around this Prime Minister and his First lady would be comical had he been Prime Minister of one of the tin pot alley African states – instead it is our own country that he is Prime Minister off! And just when we think it simply could not get any worse…  “Everybody guessed wrong!”…And this is indeed a world-class humdinger!
KUALA LUMPUR: An area four times the size of Singapore is set to form Greater KL, which will be transformed into a leading global city over 10 years.
Greater KL will be a sprawling livable city and economic hub of 10 municipalities, more open space, improved waterfronts and superior public transportation system, possibly with underground trains.
“It may also build an underground train system.”

Right now they have the current KL, a quarter of what it will be in ten years time. Over fifty years after Merdeka KL has a public transportation system that not only does not work but also is too costly. Horrendous traffic jams occurring on a daily basis which slows to a snail pace if not to a complete stop during any heavy rain. Any vehicle breakdown, infrastructure failure or any occurrence out of the ordinary (like the closing of a road for any VIP use) will throw the whole traffic system into chaotic meltdown. Roads too small, too crowded and costing the public too much in tolls. 
And they have the audacity to talk about an underground train system? An efficient solid waste management system? A population of 7.2 million? Ten municipalities? Transforming KL into a leading global city in ten years time…and the transformation process will drive the economy and improve the quality of life! Huh?
And if that was not enough it will help the country reap RM115 billion a year in income over the next ten years! And of course there is that subtle reference to Greater London and Greater Toronto area just for good measure.
Who do they think we are? Stupid idiots? Just look at Putrajaya. No I am not talking about the sterile planned city which is the Federal Administrative centre of Malaysia. Look at KLIA, KLCC even when KL became the Federal Capital. Somebody somewhere made tons of money by being the “Go To Guy” if you want any action on these projects. Money is already being made on the Sungei Besi Air Base and the Sungai Buloh Rubber Reserch land. And now with this announcement of Greater KL you can just imagine these cronies will start to salivate at the prospect of making real money very soon.
Najib’s architect brother must already be taking in new staff and possible bigger office space –after all there is at least ten years work there. This Nor Mohamed must already be placing his ‘boys’ in the right place – as he did when he was Minister of Finance – so that these ‘boys’ can maximize Nor Mohamed financial gain through the Economic Planning Unit!
Underground train system? Well Razak Baginda set up his commission infrastructure in less then a month. Anybody thinking about putting a proposal for the Underground train System better not waste your time. They already have the preliminary proposals that indicate that it is feasible and financially viable –like the LRT, PKFZ and Bakun. The same with the efficient waste management system! Study trips have been undertaken and proposals for an “efficient” waste management system already made complete with ‘indications’ of costs.
What a load of rubbish! I suggest you just go an invade Singapore and take over the Island lock stock and barrel. Not only would it be cheaper but also with any luck we will lose and the USA will come to our rescue and initiate a program for rebuilding and creating a stronger economic foundation for our country similar to the Marshall Plan of 1947-51 – Free of Charge!  
But methinks Najib and cronies must be running out of Mega Projects to propose. Projects costing hundreds of millions of Ringgits can be thought of by any self-respecting 'consultant' but billions of Ringgits ada susah sikit.  

This was one of my proposals posted on Sunday March 8, 2009 in my blog:
“Down the list of "proposals" under consideration is one that proposes the relocation of Kuala Lumpur to Klang, It is logical because not only will it eliminate the horrendous traffic jams and flooding problems that KL has, it will simultaneously end the Federal Highway daily crawl. The Ancient Mariner will also agree that with KL in Klang the Port will be utilized to its maximum capacity and the proliferation of Water Sports around the Selangor Yatch Club vicinity be a boom to the locals.  Of course with the invasion of Singapore already in progress this sensible relocation of KL to Klang might have to be deferred to a more prudent time frame - possibly by January 2010 but the search for another "TUN" to head this lucrative undertaking will commence without delay. Amen”. 

But I would think that the invasion of Singapore takes precedence!