Sodomy 11 Application Denied

August 18, 2010

Sodomy 2–An Authoritarian Fantasy

by Terence Netto @www.malaysiakini.com(August 17, 2010)

Judge Mohamed Zabidin Mohd. Diah, the Malaysian judiciary’s version of ‘Stonewall Jackson’, continues to proceed in Sodomy II by the light of his interpretation of the law, no doubt.

Yesterday(August 16) he rejected, for what must seem the umpteenth time (one loses count), an application by the defence – this one, to strike out the charge on the basis that the integrity of the prosecution has been compromised by an affair between the accused and a prosecution lawyer, an affair not denied by the involved parties.

Like the American Civil War commander who ordered his troops to stand like stones in the face of unremitting enemy fire, Judge Zabidin stands as an immovable object against the irresistible force of the defence in the sodomy trial of Anwar Ibrahim.

Thus far in a trial that’s turning out to be interminable, the immovable object has not budged an inch.

While Jackson’s obduracy saw his first name become a metaphor for the quality his troops famously displayed, it is more likely that what fame (or infamy rather) Judge Zabidin’s rejections of applications by the defence would gain would reside in their repudiation in some future rerun of this case.

Given the sequel to Sodomy I, which saw Anwar Ibrahim acquitted after spending six years in jail, no one can say with certainty that such repudiation is not a future possibility.

Legal process not paramount

Judge Zabidin’s rulings and their ratiocinative basis have the unfortunate effect of reminding observers of the dark side of the law, as distinct to its fair side which is the law’s majesty and its philosophical striving for justice.

This dark side of the law tells us that while the law can begin in principles, it can be traduced by interests and these interests can be disguised as principles. Though the law is not an exact science, it is like science in its adherence to methods by which to arrive at a finding.

Just as in science a finding is said to be scientific if the methods of inquiry have conformed to correct procedure, so in law an outcome is said to be just if the legal process that led up to it has been adhered to.

In the jurisprudence of Judge Zabidin in Sodomy II, legal process is not paramount.

A lax application of the stricture against contempt during trial proceedings, the prosecution’s refusal to hand over medical reports and police reports, a material contradiction between the charge of consensual sex and the reported claim of the accused of having been coerced, and a story, not denied, of an affair between the accused and a prosecution attorney – have all been taken as having not compromised the process by which a just finding is to be arrived at.

This is not the modern conception of law. This is something else – an authoritarian fantasy, perhaps.

China Threat

Breakingnews » Breakingnews

Pentagon warns of China buildup

• Published: 17/08/2010 at 07:24 PM
• Online news: Breakingnews

WASHINGTON : China is extending its military advantage over Taiwan and increasingly looking beyond, building up a force with power to strike in Asia as far afield as the US territory of Guam, the Pentagon said.

In an annual report to Congress, the US Defense Department said Monday that China was ramping up investment in an array of areas including nuclear weapons, long-range missiles, submarines, aircraft carriers and cyber warfare.

"The balance of cross-Strait military forces continues to shift in the mainland's favor," the report said.

The Pentagon said China's military build-up on the Taiwan Strait has "continued unabated" despite improving political and commercial relations since the island elected Beijing-friendly President Ma Ying-jeou in 2008.

Taiwan said Tuesday it was "closely monitoring" China's arms build-up and renewed calls for the United States to sell it upgraded F16 jets and diesel submarines in the wake of the report.

"China has not given up the use of force against Taiwan, and we are closely monitoring China's military developments. We ask the public to rest assured," defense ministry spokesman Yu Sy-tue told AFP.

The report -- which US officials delayed for five months amid strains with China -- covered 2009, before the United States approved a 6.4 billion-dollar arms package for the island in January.

China considers Taiwan, where the mainland's defeated nationalists fled in 1949, to be a province awaiting reunification, by force if necessary.

The military report said China was "already looking at contingencies beyond Taiwan," including through a longstanding project to build a far-reaching missile that could potentially strike US carriers deep in the Pacific.

"Current trends in China's military capabilities are a major factor in changing East Asian military balances and could provide China with a force capable of conducting a range of military operations in Asia well beyond Taiwan," it said.

China's military doctrine has traditionally emphasized the ability to strike within an area extending to Japan's Okinawa island chain and throughout the South China Sea east of Vietnam, the report said.

But Chinese strategists are now looking to expand their reach further to be able to hit targets as far away as Guam, including much of mainland Japan and the Philippines, it said.

China is working on the longer-range precision missile, but probably needs more work on the technical infrastructure to put the weapon into use, an official who helped draft the report said on condition of anonymity.

Japan said it would keep a close eye on the Chinese build-up.

"Studying the latest US report, Japan will keep paying attention to China's military trend as it will have a significant impact on security in the region, including Japan, and on the international community," a defense ministry spokeswoman said.

Japan and Vietnam, which both have historic tensions with China, have reported rising incidents with China's military in recent months and the report predicted China may step up patrols in the South China Sea.

In March, China said it was raising its defense budget by 7.5 percent to 532.1 billion yuan -- 77.9 billion dollars at the exchange rate at the time -- breaking a string of double-digit increases.

The Pentagon study was cautious on suggestions that China's military was tightening its belt, saying the spending growth may be lower simply because the forces were at the end of a five-year program.

The Pentagon paper estimated China's overall military-related spending was more than 150 billion dollars in 2009 when including areas that do not figure in the publicly released budget.

President Barack Obama's administration has sought to broaden cooperation with China, but bilateral military exchanges were broken off after the US agreed an arms package with Taiwan that included helicopters, missile defenses and mine-sweepers.

The Pentagon said it wanted dialogue with China to avoid any "miscalculation" between the two militaries.

"We stand prepared to work with the Chinese if they are prepared to work with us," the anonymous official said.
Bangkok Post

Republic of Australia?

Aussie PM calls for republic after death of Queen The Australian    SYDNEY, Aug 17: Australian prime minister Julia Gillard (right) wants Australia to become a republic when the Queen dies and plans to lead a national debate on the form the republic would take. Ms Gillard said today that despite being a republican, she understood that Australians had a “deep affection” for the British monarch, who is 84. “What I would like to see as prime minister is that we can work our way through to an agreement for the model of a republic,” she said while campaigning in the north Queensland city of Townsville, ahead of Saturday's election. “But I would think the appropriate time for this nation to move to being a republic is when we see the monarch change.” Her comments put her absolutely at odds with Tony Abbott, who is a staunch monarchist and was at the centre of the anti-republican cause in the 1999 referendum, which rejected the notion of change. Campaigning with Wayne Swan in the crucial marginal seat of Herbert, Ms Gillard said she wished the Queen a long and happy life. “Having watched her mother I think there's every chance that she will live a long and happy life,” she said. Tony Abbott said later it was “far from certain” that Australia will become a republic in his lifetime and he saw no reason to change the existing constitutional arrangements. “I think the first person who wanted Australia to become a republic was John Dunmore Lang back in the 1850s,” the Opposition Leader told the National Press Club in Canberra. “This republican cause has been with us for a long time but the Australian people have demonstrated themselves to be remarkably attached to institutions that work. “I think that our existing constitutional arrangements have worked well in the past. I see no reason whatsoever why they can’t continue to work well in the future. "So while there may very well be further episodes of republicanism in this country, I am far from certain that at least in our lifetimes that there’s likely to be any significant change.”

US University Ranking

Published: Tuesday August 17, 2010 MYT 3:26:00 PM

Harvard ranked top U in US followed by Princeton and Yale

NEW YORK: Harvard pulled ahead of Ivy League rival Princeton in the latest edition of the influential U.S. News & World Report university rankings, while a stronger emphasis on graduation rates drove other changes in the Top 10.
America's oldest university and traditionally one of its most selective, Harvard has topped the list two of the last three years.
Last year, the two elite schools shared the top ranking.
Yale was the No. 3-ranked university this year, followed by Columbia, and Stanford and University of Pennsylvania tied at No. 5.
Williams College in Massachusetts was ranked the nation's top liberal arts school, repeating its feat of last year.
The most closely watched of a growing number of college rankings, the U.S. News & World Report list is both credited for helping students and families sort through a dizzying college selection process and criticized by those who say it's too arbitrary and pressures colleges to boost scores at the expense of improving teaching.
A change in how rankings are determined led to some shifts in the magazine's "Best Colleges" rankings, which were released online Tuesday and examine more than 1,400 accredited four-year schools based on 16 factors.
How did Harvard edge Princeton by 1 point on an 100-point scale? Robert Morse, director of data research for U.S. News & World Report, credited Harvard's higher scores on graduation rates, and financial and faculty resources.
The rankings take into account factors such as SAT scores, selectivity, graduation and retention rates, alumni giving and peer reputation. This year, high-school guidance counselors' opinions were added to the mix.
Most notably, graduation rate performance was given greater weight, accounting for 7.5 percent of the final score for national universities and liberal arts colleges, up from 5 percent last year. The variable is the difference between a school's actual graduation rate and one predicted by U.S. News based on test scores and schools' resources.
Morse said the shift helped Columbia University rise from eighth to fourth this year and contributed to Cal Tech and MIT falling from a tie for fourth to a tie for seventh.
Nationally, graduation rates are getting more policy attention as higher-education leaders and advocates focus increasingly not just on getting students in the door but also out with a degree or certificate. One of the Obama administration's signature education goals is for the U.S. to regain the world lead in college graduation rates by 2020.
The University of California, Berkeley is the highest-ranked public university, at No. 22 overall in the U.S. News report. Despite a severe budget crisis, five schools in the UC system were among the top 10 public universities.
More schools were ranked this year, a reflection of both increased consumer demand and improved data collection, Morse said. The survey now displays the rank of the top 75 percent of schools in each category, up from 50 percent. The schools in the bottom tier are displayed alphabetically and not given numeric rankings.
The magazine also publishes a list of "Up and Comers," based on a survey of college administrators who were asked to nominate schools they think are making promising and innovative changes. The University of Maryland-Baltimore County was No. 1 among national universities in that category — and ranked No. 159 overall.
Earlier this month, Forbes magazine ranked Williams College No. 1 in its third "America's Best Colleges" rankings — and Harvard No. 8. The business magazine weighs student satisfaction, graduation rates, student debt and other factors. - AP

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FELCRA Scandal

Harakahdaily

KUALA LUMPUR, Aug 17: After exposing widespread wastages and mismanagement in Felda, the National Felda Settlers’ Children’s Association (ANAK) today revealed at least 22 cases of mismanagement by Federal Land Consolidation and Rehabilitation Authority (Felcra) and its holding companies. The cases include mismanagement in the agency's Koperasi Peserta-Peserta Felcra Berhad (KPFB), Special Business Unit and a scam worth RM17 million of investments in unauthorized purchase of bonds. Among others, the latest exposure relates to misappropriation of the supply of Keiserite fertilizers which did not comply with specifications. Speaking to the press at the PAS headquarters today, ANAK chairman Mazlan Aliman said more revelations were forthcoming and would be done in series to allow Felcra answer the allegations. Also present were chairman of the Felcra Task Force, Akmaluddin Mohd Noor and Lenggong PAS chief, Razman Zakaria. Mazlan said his team would require a week to prepare and compile documents relating to complaints about “fraud, mismanagement and abuse of power” in Felcra schemes to be circulated to the press. He also called for a royal commission of inquiry to investigate the allegations against Felcra, and urged the Malaysian Anti-Corruption Commission (MACC) to speed up its investigation on reports lodged against the agency last January. According to Mazlan, ANAK had formed a new non-governmental organisation to help Felcra settlers to air their complaints as well as a task force to submit evidences to the Human Rights Commission (Suhakam). Felcra is the latest government agency to come under scrutiny over allegations of graft and abuse of settlers' funds. The latest allegations come hot on the heels of revelations that Felda squandered billions of ringgit in cash reserves. Earlier this month, a gathering by Felcra settlers in Pasir Salak, Perak was ambushed by police, and ended with the arrest of 30 people including 10 from PAS's Welfare Unit. Felcra is a government agency established in 1966 to improve standard of living among rural people and reduce income disparities through land consolidation and rehabilitation programmes. Among its main activities is develop idle land found in villages all over the country.