Saturday, 13 September 2008

DAP : ISA Arrests Media Conference Statement

Abdullah - release Teresa, RPK, Tan and withdraw from precipice of new Malaysian dark age

DAP leaders, MPs and State Assembly representatives are gathered in this media conference, together with the parents of Teresa Kok, DAP National Organising Secretary, Selangor Senior Exco Member and MP for Seputeh, to condemn in the strongest possible terms the arrest under the Internal Security Act (ISA) of Teresa, Raja Petra Kamaruddin and the senior Sin Chew Daily reporter Tan Hoon Cheng.

We deplore these ISA arrest and attacks on the media and the blogosphere which also constitute a violation of the Multimedia Super Corridor Bill of Guarantees of no Internet censorship, as the ISA detention of the RPK, the live wire of Malaysia Today news portal, is as good as Internet censorship despite formal government unblocking of the news portal.

Instead of a 916 “sky change” or “political change”, the Prime Minister Datuk Seri Abdullah Ahmad Badawi has orchestrated a 912 “sky-change” of his own, with the ISA arrests and threats to the media and the blogosphere, marking the failure of his premiership to usher in a more open, accountable and democratic administration.

It shows how little things have changed in his five years as Prime Minister – with hardly any structural and institutional reforms or changes as all the repressive laws and institutions have remained intact, just kept in abeyance awaiting to be reactivated, as has happened!

The former Prime Minister, Dr. Mahathir Mohamad took more than six years to abandon his “ABC” (clean, trustworthy and efficient) façade with the 1987 Ops Lalang, putting 106 people under ISA and closing three newspapers.

However, Abdullah took less than five years since becoming Prime Minister to show his face of repression by initiating the current crackdown, up-to-now a mini-Ops Lalang with three ISA arrests and against three newspapers.

This 2008 mini-Ops Lalang is completely unjustified and unacceptable for two reasons:

(i) going against Abdullah’s 2004 general election landslide mandate based on his reform pledges and undertaking to break from the Mahathir past of repressive rule; and

(ii) a totally synthetic crisis arising from gross misgovernance, as there is no national crisis, no racial tension or religious strain unlike the pre-Operation Lalang 1987 which saw serious racial tension resulting from a sustained and systematic campaign of racial polarization by irresponsible elements.

It is the height of irresponsibility to create a synthetic national crisis when the country is faced with a grave economic crisis and the national focus of the government-of-the-day should be to lead all Malaysians to address the economic crisis.

Abdullah is facing a personal political crisis, as evident from the open call by the Umno Vice President Tan Sri Muhyiddin Yasin on him to step down as Prime Minister earlier than his timeframe of mid-2010 and the support given by Umno Deputy President Datuk Seri Najib Razak to Muhyiddin.

However, Abdullah’s personal political crisis as to whether he would have to step down as Prime Minister much earlier than the June-2010 timeline under his “power transition” plan cannot be made an excuse to create a synthetic crisis to justify the use of draconian laws and powers like the ISA and to engender conditions to stamp out attempts by Umno leaders to bring forward his timetable to relinquish the Prime Minister’s post.

All fair-minded and right-thinking Malaysians, regardless of race, religion or political affiliation, reject the use of ISA for the arrest of RPK, Tan Hoon Cheng and Teresa Kok.

RPK’s writings are open and public. He should be charged in court if he had contravened any laws of the land, affording him the opportunity to defend himself in an open trial. The detention-without-trial ISA should not be used against RPK, as it is not only undemocratic and repressive but a clear case of abuse of power.

The detention of Sin Chew reporter Tan Hoon Cheng has evoked all-round outrage by Malays as well as non-Malays, Muslims and non-Muslims.

Everyone in Malaysia is asking – why Ahmad Ismail, the person who had made the provocative, inflammatory and racist reference to the Chinese in Malaysia is not acted against but the reporter, Tan Hoon Cheng, is detainded under the ISA just for reporting what Ahmad said? What has Malaysia become when the most elementary notions of justice and fair play have become alien ideas to the leaders in government?

Teresa’s ISA detention is most ludicrous. She had been accused by the former Selangor Mentri Besar Khir Toyo of wanting to ban the azan in a certain locality in Selangor, which was played up by Utusan Malaysia. Teresa immediately denied the allegation, which was backed up by the mosque committee concerned and the PAS MP for the area also lodged a police report against Khir for the baseless allegation.

If action should be taken, the person who should be the target should be Khir Toyo. Why was Teresa detained under the ISA?

Last night, Teresa was informed at about nine something that she could be on the blacklist of ISA arrests, with the suggestion she go into hiding. Teresa refused as she believed that there is no reason why she should go into hiding as she had not done anything wrong to the country and she was fully prepared to face any ISA arrest. I am very proud of her. I am reminded of my first ISA arrest in 1969 when some party leaders advised me not to return to Kuala Lumpur from Kota Kinabalu as I was on the ISA blacklist. I refused to run away from the country, as I maintained that when the people was going through their darkest hour, the place for me was in the country with them.

The country has been swirling with speculation as to who else were on the ISA blacklist. Among the names mentioned were the DAP Secretary-General and Penang Chief Minister, Lim Guan Eng and myself.

Teresa has already become the first woman MP to be detained under the ISA. Is Abdullah to create another history by having the first Chief Minister in Malaysia to be detained under the ISA?

I call on Abdullah or the Home Minister Datuk Seri Syed Hamid Albar to publicly declare who are on the ISA blacklist to be detained, whether Guan Eng and I are on the list. I will not go into hiding if I am on the list. There is no need for any cat-and-mouse game. Just make it public.

Cabinet Ministers should explain whether the three ISA arrests and action against the three newspapers had received Cabinet approval as Ministers like the Information Minister, Shabery Cik have openly defended the ISA arrest of RPK.

I call on Malaysians to be calm and go about their usual business peacefully and normally. They should not allow themselves to be provoked although there are irresponsible elements who want to engineer another May 13 or another full-scale Ops Lalang.

Malaysia in 2008 is completely different from 1969 when certain elements succeeded in creating a scenario of racial confrontation between the Malays and the Chinese over the May 13 incident. There is no racial confrontation in Malaysia of 2008, as the Pakatan Rakyat comprises all races – Malays, Chinese and Indians – and all religions!

I also want to call on Abdullah to pull back from the precipice of a new Malaysian dark age. Release Teresa, RPK and Tan from ISA immediately and cancel the show cause notice to the three newspapers concerned, or his premiership wll be stained forever by the repression and dark age of 912 - September 12, 2008.

(Media Conference Statement on ISA arrests of Teresa Kok, Raja Petra Kamaruddin and Tan Hoon Cheng held at DAP PJ Hqrs on Saturday, 13th September 2008 at 11.30 am)

Brute Force of ISA by BN Government : Anwar Ibrahim

PRESS STATEMENT BY ANWAR IBRAHIM ON ISA ARREST 13 SEPT 2008

The UMNO led BN government is again using the brute force of the ISA to assault those brave and courageous Malaysians who speak out in the name of truth and integrity about the abuses of power, corruption and racism perpetuated by the ruling clique.

I reiterate my unequivocal opposition to the ISA and condemn the unjustified and illegal detention of blogger and social activist Raja Petra Kamaruddin, Seputeh MP and Selangor State Executive Committee Member YB Teresa Kok and Sin Chew Daily reporter Tan Hoon Cheng.

On March 8th and again on August 26th, the Malaysian people expressed their support at the polls for a government that is more accountable and that fulfills its mandate as representative of the people. The UMNO-led BN government has ignored this call. Instead of pursuing a reform agenda it has chosen to burn the country to save itself and to maintain its odious grip on power.

We ask the government how far it is willing to go to usurp justice and destroy the institutions of good governance in its attempt to drive the Malaysian people against each other?

We vehemently reject the racial politics used by politicians in the UMNO-led BN government as an attempt to deflect from internal strife within UMNO, and promise that leaders in the Pakatan Rakyat are committed to and capable of building a peaceful, democratic, multiracial society.

We allude to the statement issued by Pakatan Rakyat on 8 September reiterating our full commitment to constitutional guarantees including the position of Islam as the religion of the federation, the freedom to practice other religions, Bahasa Melayu as the national language and the freedom to practice mother tongue languages, and the status of the Malay kings and the special position of the Malays and bumiputera.

I urge the government to assure the Malaysian people that this politically motivated operation is over. As citizens of a nation that professes to adhere to the spirit of its Constitution, we refuse to live another night in fear.

Those who have been detained under the ISA should be released immediately. We will offer every conceivable support to our friends and their families as they face this ordeal.

ANWAR IBRAHIM
Opposition Chief
De-facto leader, KeADILan

Friday, 12 September 2008

DETENTION WITHOUT TRIAL (ISA) FOR RPK

Daniel Chandranayagam - Malaysia Today

Just as the MCMC unblocks “Malaysia Today”, Raja Petra Kamaruddin’s controversial news portal, Malaysiakini reports that Raja Petra (or RPK) (pic below) has been arrested under the Internal Security Act 1960 (ISA). RPK’s wife, Marina Lee Abdullah, was reported to have said that he was arrested at 1310 on 12th September 2008, with 10 police personnel in attendance at RPK’s home. According to Malaysiakini, RPK was arrested under s. 73(1) of the Act, allegedly for being a threat to security, peace and public order.

The ISA was first enacted in 1960, ostensibly to curb the threat communism. The preamble of the Act states:

"An Act to provide for the internal security of Malaysia, preventive detention, the prevention of subversion, the suppression of organized violence against persons and property in specified areas of Malaysia, and for matters incidental thereto. "

Apparently, detention without trial under the ISA operates in two stages:
(1) initial detention of up to 60 days upon the authority of the police
(2) then a two year renewable order by the authority of the Home Minister


Detainees are apparently held in solitary confinement and denied any contact with lawyers. The notorious Operasi Lalang of 1987 was a massive crackdown on opposition leaders, academicis, religious, social and environmental activists. The 1990s saw the detention of Al-Arqam leaders, the alleged ring leaders of the Reformasi and Hindraf Movements. Click here for a list of known detainees under the Malaysian Internal Security Act 1960.

Critics have said that the government’s continued use of the ISA defeats the Government’s own claim to be subject to the rule of law, and will just give the perception that the detainees are held for their political activities.

RPK’s detentions is reported to be at the first stage, for 60 days. Opposition parties strongly condemn this move by the government.

Material on the ISA:
Malaysian Bar
Centre for Independent Journalism
Human Rights Watch 1
Human Rights Watch 2
Gerak Malaysia – Movement for Democracy and Anti-Corruption
- Global Voices Advocacy

916 DEFERED : PR STATEMENT (Updated 1)

Pakatan Rakyat defers 916 takeover plan

Refer to Pakatan Rakyat Statement 12 Sept 2008

Refer also to Malaysiakini article Penubuhan K'jaan Baru mungkin terpaksa dilewatkan

The following article fro extracted from The Sun Daily - Pakatan Rakyat defers 916 takeover plan :-

KUALA LUMPUR (Sept 12, 2008): The Pakatan Rakyat opposition alliance has deferred plans to unseat the government by Sept 16, its leader Datuk Seri Anwar Ibrahim has said.
The announcement came in the form of a statement late Thursday after a leaders council meeting, and puts paid to his repeated assertions earlier that the deadline would be met as at least 30 Barisan Nasional Members of Parliament (MPs) were ready to crossover to the PR.

The statement said the PR was still confident of getting a sufficient number of MPs to oust the ruling coalition "soon".

Anwar needs at least 30 defectors to topple the ruling BN coalition, which has ruled Malaysia since independence in 1957. Barisan has 140 MPs and the opposition 82, including an independent.

However, the BN Backbenchers Club has taken 49 MPs on a trip to Taiwan, purportedly to learn more about agricultural techniques used successfullyl by the Taiwanese, a development mentioned in the statement as a reason for the deferment. The MPs are supposed to be back by Sept 16 or 17.

If it wins power, PR said it would call a fresh general election within six to 12 months to seek a new mandate.

Although the BN has denied it, observers say the Taiwan trip was to prevent the parliamentarians from crossing over.

Meanwhile, Sabah MP Datuk Anifah Aman said the Umno leadership must "do something" about the party's internal problems rather than worrying about whether any of its MPs are going to cross over to PR.


"What is happening now is that Umno leaders seem to be more preoccupied with the speculated defections of some of the MPs instead of addressing the problems within Umno itself", he told Bernama today.


Anifah, who is chairman of the Sabah Barisan Nasional (BN) MPs' Backbenchers Club, said there was no question of Umno MPs defecting if the party remained strong and its top leadership was not sidetracked by other issues.


"I am much more concerned or worried about what is to become of Umno, especially with the impending party elections in December, than other matters," said Anifah, who is the BN MP for Kimanis and Umno Kimanis division head.


Following the general election in March, which saw the BN losing for the first time its two-thirds majority in parliament, the outspoken MP created history of sorts by publicly refusing his re-appointment as a deputy minister. He had been a deputy minister for two terms.


His subsequent sharp criticisms that states like Sabah and Sarawak were not getting a fair deal in development budget and appointments to national-level posts led to announcements of allocations of billions of ringgit to the two states.


For the first time, the Dewan Rakyat saw a politician from Sabah, Tan Sri Pandikar Amin Mulia, being appointed Speaker, aided by two Deputy Speakers, Datuk Wan Junaidi Tuanku Jaafar and Datuk Ronald Kiandee from Sarawak and Sabah respectively.


Anifah said Umno vice-president Tan Sri Muhyiddin Yassin's remarks on Wednesday that Prime Minister Datuk Seri Abdullah Badawi's transition plan to step down by 2010 was too long, was another problem within Umno that should be addressed before things got worse in the party, the lynchpin of the ruling BN.


Muhyiddin, the International Trade and Industry Minister, had also asked Abdullah to rethink the timeframe.


Reacting to this yesterday, Abdullah said he was surprised that a member of his Cabinet wanted him to step down before 2010 as his transition plan had been endorsed by the Cabinet and the Umno supreme council.


Another BN MP, Datuk Dr Tiki Lafe, in echoing Anifah's sentiment, said other BN component parties which regarded Umno as their "big brother" were beginning to get worried about the goings-on in the party.


Tiki, who is vice-president of the Sarawak Progressive Democratic Party (SPDP) and a former deputy minister, said he could see signs of a "crisis" brewing in Umno following Muhyddin's open remarks against the prime minister and Umno president.


He also cited the alleged racist outburst by Umno Bukit Bendera division chief Datuk Ahmad Ismail as a worrying trend, adding that by suspending his Umno membership for three years for making the remarks, the party was only "treating the symptoms".


Tiki said: " I believe the controversy sparked by Ahmad is just the tip of the iceberg and things are not looking that good for the BN either".


"We MPs have to face our constituents who voted us in and if the leadership is not receptive or sensitive to our grouses, then the problems on the ground are likely to grow," he said.


Asked why he was not among the BN backbenchers now visiting Taiwan on a study tour of agricultural projects, Tiki said he felt the trip would not serve its purpose. "Furthermore, the timing is not right when there's so much problems at home that we should be more concerned with."

Reasons for Show Cause Letters to News Daily

Reasons for Show Cause Letters to News Daily

The three newspapers that have been issued show-cause letters are theSun, Sin Chew Jit Poh, and Suara Keadilan.

Home Ministry is targeting

(1) TheSun
because they were allegedly “manipulating and playing up numerous sensitive issues”, and

(2) Sin Chew Jit Poh
for “its recent reports on the racial slur controversy involving Umno division leader Ahmad Ismail”. so its shows discrimination from the UMNO lead BN goverment.

(3) Suara Keadilan
-reports on Chief Police Tan Sri Musa Hassan conditions after by-pass surgery

Source :
Malaysiakini

Raja Petra , RPK Arrested under ISA

Raja Petra Kamaruddin RPK Arrested under ISA

KUALA LUMPUR: Malaysia Today editor Raja Petra Kamaruddin was arrested Friday afternoon under the Internal Security Act.

Three Malaysian newspapers - Sin Chew Daily, The Sun and Suara Keadilan - were also issued show cause letters by the Home Ministry.

Home Minister Datuk Seri Syed Hamid Albar told The Star Raja Petra was detained under Section 73 (1) of the ISA as he was deemed a threat to security, peace and public order.

He said that under Section 73 (1) Raja Petra would be detained for 60 days.

“The police will do an assessment during this period and if they feel he should be held more than 60 days, the police will then refer to me,” he said.

Syed Hamid also confirmed that Sin Chew Daily, The Sun and Suara Keadilan were issued show cause letters.

"They have been given a week to reply," he added.

Raja Petra's wife Marina Lee Abdullah said the blogger was arrested at 1.10pm at their home in Sg Buloh by a team of 10 police officers.

She told The Star that Raja Petra was taken away from their house by the police about 1.50pm.

"But I don't know where they are taking him," she added.

She said that the police officers also took some tapes and a computer from her room.

PKR Information Chief Tian Chua told The Star before leaving for Taiwan that he was informed of Raja Petra’s arrest by party colleagues.

“RPK’s daughter sent a SMS to say that her father was arrested about 1.10pm (Friday),” he said when contacted before he boarded China Airlines flight CI 0656, which was scheduled to depart KLIA at 2.20pm Friday.

Raja Petra’s arrest comes a day after the Cabinet ordered the Multimedia and Communications Commission (MCMC) to re­instate access to all blocked websites, including the controversial Malaysia Today.

Energy, Water and Com­mu­nications Minister Datuk Shaziman Abu Mansor said on Thursday the order was made because there were other “harsher” laws in the country, under which authorities could take action against the owners of blogs and websites, instead of blocking it.

“The Cabinet has asked the ministry to direct MCMC to reinstate access to any blocked website with immediate effect.

“At the same time, it is asking MCMC to closely cooperate with the police, the Attorney-General’s Office and the Home Minister to monitor any website or blog to ensure that this does not contain seditious, racist or religiously insensitive remarks.

“Instead of blocking access to offensive websites, the Cabinet wants authorities to investigate and act quickly against the owners of these sites,” he said in Putrajaya.

Chua Soi Lek calls Chua Jui Meng a spoiler

Soi Lek calls Jui Meng a spoiler
By Shannon Teoh Malaysia Insider

PETALING JAYA, Sept 12 Datuk Seri Dr Chua Soi Lek called former MCA vice-president Datuk Chua Jui Meng's bid for the party presidency "a spanner in our plans".

In an interview with The Malaysian Insider, Soi Lek said that the move "derailed all previous arrangements" as his election team would have to consider the possibility of not putting up a candidate for presidency.

"It will lessen any challenger's chances. People who don't like Ong will vote for the opposition but now there are two oppositions," he said, referring to vice-president Datuk Ong Tee Keat who was the first to declare his candidacy for the No 1.

He made a series of declarations during the interview, stating that there were definitely rival factions involved in the Oct 18 party polls, although Jui Meng is going at it alone.

Outgoing president Datuk Seri Ong Ka Ting is reportedly backing a slate of candidates including Tee Keat, his brother Datuk Seri Ong Ka Chuan, Youth chief Datuk Liow Tiong Lai and Datuk Wee Ka Siong.

Soi Lek's running mates are said to include vice-president Datuk Donald Lim Siang Chai, vice-president Datuk Seri Dr Fong Chan Onn and Wanita chief Datuk Dr Ng Yen Yen.

Asked about the emergence of the "whisky" and "tea" teams, he replied that it was an attempt to "blacken us.

''I don't go around drinking whisky. Datuk Wee Ka Siong is not a saint," he said.

"This is all managed by my president to taint my group that we are all drunkards," he said.

"Hee Leong may have his drinking but that doesn't mean that all of us are drunk. That's why I say he is a good strategist, but this is an unfair tack. They may be drunk on the whisky of power," he said in light of the blanket labelling of his running mates due to Datuk Ling Hee Leong's infamous "eat, drink and be merry" tag.

He called this one of the many attempts by Ka Ting's faction to manipulate the election campaign. The former party vice-president said that while the "top leadership is out of the picture", it was behind the scenes, manipulating events and controlling the party machinery and even the "endorsed leadership" is already practising it.

"To say there are no factions is nonsense, I will go by that statement and I will stand by it. There's always been infighting," he added.

He stopped short of confirming his own widely speculated candidacy for president, stating that he was not confirming a post because the process was unfairly controlled by the incumbent leadership.

"In MCA it is such that once I announce, everywhere I go I will have difficulties. Delegates may not come out. But if I have not announced, the leadership cannot order delegates not to attend as I have not declared for any post. For those that are endorsed and are part of the system, they can announce early and actually get greater flexibility

out of it," he explained.

"The leadership is totally stacked against me. They have attempted to demoralise me with underhand tactics,'' he added, claiming that while other scandals that rocked MCA in recent times had been moderated by "damage control," his own sex DVD scandal in January was exaggerated to the extent that he was called a "pornographic actor."

He insisted however that he was still confident of winning over the central delegates at next month's party polls despite the fact that those associated with Ka Ting swept last weekend's state-level elections.

"We are talking to a very select group of people 2,200 delegates. The state elections have a demoralising effect on those who are not in the know. Central delegates are normally branch chairmen not Youth leaders. So it's only a perception."

Thursday, 11 September 2008

Malaysia Today Reinstated : Ordered by Cabinet

Cabinet orders SKMM to reinstate access to Malaysia Today


KUALA LUMPUR: The Cabinet has ordered the Malaysian Communications and Multimedia Commission (SKMM) to reinstate access to all blocked websites including Malaysia Today, says Energy, Water and Communications Minister Datuk Shaziman Abu Mansor.

On Aug 28 SKMM confirmed that it had instructed ISPs to block Malaysia Today in accordance with Section 263 of the Communications and Multimedia Act.

Since then various parties have slammed the move saying the action went against national commitments spelt out under MSC Malaysia’s Bill of Guarantees.

Home Minister Datuk Seri Syed Hamid Albar had said the site was blocked because it showed no respect for religion.

Cross Over Legal : Bar Council (Precedent Case Quoted)

Bar Council Responce to UMNO Youth's Datuk Abdul Rahman Dahlan statement in relation to issue of "Cross-Over"

Bar Council : There is no legal impediment to “cross-overs” by members of political parties.

The Bar Council refers to the statement by UMNO Youth’s Datuk Abdul Rahman Dahlan reported at page 4 of the Star dated 8 September 2008 in relation to the issue of “cross-overs”.

The Bar never participates in party politics nor in partisan politics. Thus, the Bar has deliberately declined to comment on the political issues facing the nation. Nonetheless, the public goading by the Datuk Abdul Rahman Dahlan and queries by the Press have necessitated a response. Hence, this comment is strictly limited to the legal issues raised by the subject of political cross-overs.

Cross-overs are not new in Malaysia. The law of the land in relation to “cross-overs” has long been settled in the case of Dewan Undangan Negeri Kelantan & Anor v Nordin Salleh & Anor decided in 1992 by a 5-member panel of the Supreme Court, our highest Court. The Court struck down provisions of the Constitution of the State of Kelantan that sought to prevent such cross-overs on the basis that it offended the fundamental right to freedom of association enshrined in Artcle 10 (1) (c) of the Federal Constitution.

In the case of Nordin Salleh, the plaintiffs were elected to the Kelantan State Assembly during the 1990 General Elections on the PAS ticket. The plaintiffs subsequently resigned their memberships in PAS, and joined the Barisan Nasional. The Supreme Court decision upheld the constitutional right of the Plaintiffs to “cross-over” to Barisan National and held that the right to freedom of association under the Federal Constitution includes the right to disassociate. Similar situations have arisen in the State of Sabah in 1994 when members of the Sabah State Assembly from the PBS crossed over to Barisan Nasional thereby reversing the original majority in favour of the PBS to the Barisan Nasional.

As it stands therefore there is no legal impediment to “cross-overs” by members of political parties.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar
9 September 2008

Anwar Sept 16 and Trial by Ambush.

Why is Abdul Ghani involved, when the Government has previously promised that Abdul Ghani (who has conflict of interest) will not be involved in Anwar trial?

Is Sept 16 Still On Track?
Anwar claimed he has the number and the Sept 16 plan is still on track despite BN sending its MP's to Taiwan to derail Anwar plan

KUALA LUMPUR, Sept 11 Opposition leader Datuk Seri Anwar Ibrahim gave conflicting signals about his planned move to topple the government as he appeared in court for a hearing on a sodomy case.

He was initially quoted as saying that his self-declared Sept 16 deadline could be postponed but then changed tack after appearing in court, telling reporters it was -very much- on track.

The hearing itself turned into an anti-climax, with proceedings adjourned to Sept 24 to allow the defence to argue against the prosecution's move to transfer the case from the Sessions Court to the High Court where, according to Anwar's supporters, it would be easier to manipulate.

Anwar was charged last month after one of his former aides, Saiful Bukhari Azlan, 23, lodged a police report, alleging that he had been sexually assaulted by the opposition leader in an upscale condominium in Kuala Lumpur. Anwar has denounced the charge as a conspiracy to thwart his plans to take over the government.

The transfer order was signed by Attorney-General Tan Sri Abdul Gani Patail, whom Anwar claims fabricated evidence in a previous sodomy trial in 1998 shortly after he was sacked as deputy prime minister. Anwar was convicted on the charge but this was later overturned on appeal.

The defence yesterday argued that Abdul Gani should not be involved in the current case because Anwar had filed a police report against him and police chief Tan Sri Musa Hassan in July for allegedly tampering with evidence in connection with the previous trial.

Anwar's lawyers also argued that the Prime Minister had decided that both the Attorney-General and the police chief should take not part in the latest case.

-This is a trial by ambush. How could they allow a person who has a personal bias, enmity and hatred towards me to make a decision at my expense?- Anwar told reporters after the hearing.

Sessions Court judge Komathy Suppiah made the rare decision of adjourning the hearing for two weeks to allow the defence time to research its case against the transfer order.

Instructions from the Attorney-General are not usually disputed, and government prosecutor Yusof Zainal Abidin objected, saying it was -a public interest case-.

Defence counsel Sulaiman Abdullah argued there was no need to move the case, pointing out that judge Komathy, with 26 years of experience on the Bench, was capable of presiding over the trial.

Talk about Anwar's bail being revoked yesterday also proved unfounded. The issue was not raised in court, which means he will remain free on the personal bond granted when he was charged on Aug 7.

Security measures for the hearing were almost unprecedented, with dozens of police and water cannons on standby at the court complex. Journalists had to register at three different places and go through a metal detection scan before being allowed to enter the courtroom.

Anwar was greeted by 100 opposition supporters when he arrived at the Jalan Duta court complex, accompanied by his wife Datuk Seri Dr Wan Azizah Ismail and two daughters.

The opposition leader later told reporters that he was on target for the Sept 16 takeover of the federal government through the defections of 30 Barisan Nasional backbenchers. This is despite the BN sending the bulk of its backbenchers on an overseas junket to Taiwan until next week.

Anwar acknowledged there were -technical problems- but said he would deal with it.

-If need be, I'll fly to Taiwan,- he said.

-Hopefully in this blessed month, Malaysians will achieve freedom and fuel prices will go down,' he said, referring to Ramadan and his pledge to lower fuel prices if he comes into power.

Anwar was speaking after The Star yesterday quoted him as saying that the deadline may not be met.

-We definitely have sufficient numbers (of MPs), but we would have to wait first as they are currently "enjoying Ramadan" in Taiwan... the date can be postponed even though our target was Sept 16 previously.-

The deadline is turning out to be a high-stakes game, in more ways than one.

Social science lecturer Sivamurugan Pandian from Universiti Sains Malaysia said: -Personally, I don't think he has the numbers. Is it a bluff? People will question his credibility if Sept 16 comes and goes. Is it just a tactic to weaken Umno? Or his personal agenda?

-Even if he has the numbers, it might not be a strong and stable government; it might be fragile. There will be political instability, as BN will never allow them to simply take over,- he told The Straits Times. Straits Times Singapore

Wednesday, 10 September 2008

Chua Jui Meng Confirmed Going for MCA President

KUALA LUMPUR: Datuk Chua Jui Meng is going for the MCA president’s post in the party elections next month.

“I will go on stage, raise my right hand and swear that I will not be corrupted,” Chua said, giving a preview of the first thing he would do if he won the race on Oct 18.

Commenting on his emphasis on fighting corruption, he said corrupt leaders dared not speak up and were also not in a position to do good for the community and nation.

Announcing his candidacy here on Wednesday, Chua said his vying for the president’s post was not out of disrespect for Datuk Ong Tee Keat.

Tee Keat announced his decision to vie for the president’s post recently after incumbent Datuk Seri Ong Ka Ting said he would not defend his seat.

Chua who lost in his bid for the president’s post in the last elections in 2005 to Ka Ting, said he had then predicted that the party would lose the community’s confidence unless it rejuvenated the party’s mindset and spirit.

On his mission if he became the MCA’s top boss, Chua, 65, said he would utilise his 15 years of experience in the governmnent; as a parliamentary secretary, deputy minister and minister, to help make the party relevant again.

The five-term party vice-president (1990- 2005) said he could not retire from politics even if he wanted to do because the party had plunged to the lowest ebb of its 60 years of history

Police Reputation Down Again (SALT DRUG CASE)

How are we to trust Malaysia Police Force Again?
A High Profile Drug Case suspect in Johor is acquited.
Five (5) Suspect accuited of a drug trafficking charge after the "drugs" were found to be salt.

The Story

(1) The Suspect were alleged to have committed a preparatory act for trafficking 40.8kg of Ketamin on March 4 at 3.10pm at a house on Jalan Jingga 5, Taman Pelangi.

(2) Two had confessed to being involved with those responsible for the theft of the syabu from the Johor police headquarters on July 31.

(3) To date, 11 civilians and seven police personnel, including a probationary Inspector and a 29-year-old policewoman, have been arrested. The police personnel are still in custody -- four under the Special Preventive Measures and three for housebreaking.

(4)During the course of the investigations, Lance Corporal Morne Ali Amat, was found dead with a gun shot wound to the side of his head in an oil palm plantation near Setia Indah on August 10. It was reported that police were trying to contact him to have his statement recorded in connection with this case, when he was found dead. Police had classified that case as sudden death.

(5) Today 10 Sept 2008 - Five (5) Suspect accuited of a drug trafficking charge after the "drugs" were found to be salt

Malaysia Police Force could not diffentiate "DRUGS" with "SALT"

Five (5) Suspect accuited of a drug trafficking charge after the "drugs" were found to be salt.

Related to this drug salt case :

10 August 2008
The case of the RM1 million drugs theft from the state police headquarters took a tragic twist yesterday when one of the policemen being investigated was found shot dead.

Lance Corporal Morne Ali Amat was found with a single bullet wound to the right side of the head at an oil palm plantation in Setia Indah, near here, at 11am yesterday.



NST reported on 18 Aug 2008

JOHOR BARU: A stroke of luck appears to have saved Johor police the blushes of losing 5kg of drugs in their custody.

And they have two policemen from the neighbouring state of Malacca to thank, after they stopped the two culprits in the theft for speeding.

The policemen nabbed the suspects after they attempted to bribe them with RM450 to escape a speeding ticket.

On searching the suspects' car, they found white powder, believed to be syabu in two small plastic containers, two bottles of a brown liquid also believed to be syabu and 67 Erimin 5 pills.

The suspects were arrested and on questioning, led police to an apartment in Taman Johor Jaya where they found brown liquid believed to be syabu and some drug processing equipment.

Johor police chief Datuk Mohd Mokhtar Shariff said they believed they have solved the case of the stolen syabu but he declined to elaborate how the two men were linked to the syndicate.

It is learnt that the two had confessed to being involved with those responsible for the theft of the syabu from the Johor police headquarters on July 31.

The two, aged 23 and 40, were flagged down at a roadblock at KM185 of the north-bound North-South Expressway near Jasin for speeding on Friday.

Mokhtar said they were arrested when they attempted to bribe the policemen manning the roadblock with RM450.

He said the suspects had previous records for drug-related offences.

"The liquid syabu was found in a Carlsberg beer bottle, a mineral water bottle and a 3-litre metal jerry can, along with a bottle of methylated spirit, a can of thinner and another of turpentine believed to be for processing the drug," Mokhtar said.

"The drugs have been sent to the Chemistry Department for analysis." He, however, could not say how much of the stolen syabu was recovered.

To date, 11 civilians and seven police personnel, including a probationary Inspector and a 29-year-old policewoman, have been arrested.

The police personnel are still in custody -- four under the Special Preventive Measures and three for housebreaking.

During the course of the investigations, Lance Corporal Morne Ali Amat, was found dead with a gun shot wound to the side of his head in an oil palm plantation near Setia Indah on August 10.

It was reported that police were trying to contact him to have his statement recorded in connection with this case, when he was found dead.

Police had classified that case as sudden death.

Mokhtar said following the theft of syabu from the evidence room at the state police headquarters, they had taken several measures to ensure that a similar incident would not recur.

While admitting the theft had marred police image, Mokhtar added that they had learnt from the incident and what was most important was that there was no cover-up in the investigations.

This, he said, was reflective of the fact that seven police personnel linked to the case were arrested.

"Those who committed criminal offences will be prosecuted while disciplinary action will be taken against those found to be in dereliction of duty,' he added.

The theft of the syabu caused red faces among Johor police as it occurred right under their noses.

The drugs, with a street value of RM1 million, was part of a RM48 million drug haul in May where 12 suspects of an international drug trafficking syndicate were nabbed.




NST reported the following on 11 August 2008

RM1 MILLION JOHOR POLICE HQ DRUGS THEFT: Policeman under probe found dead


The Star report 9 Sept 2008

JOHOR BARU: Five men, including two Mexicans and a Canadian, who were allegedly part of a major international drug syndicate were acquitted of a drug trafficking charge after the “drugs” were found to be salt.

Their freedom however was short-lived as, following the acquittal by a High Court here, the men were rearrested by the police under the Special Preventative Measures of the Dangerous Drugs Act.

Earlier in court, deputy public prosecutor Laila Lateh requested that the charge against the men be withdrawn as per instructions from the Attorney-General’s Chambers.

Ho Bee Seng, 53, and Tan Chwee Liang, 28, from Singapore, Jesus Alfonso, 36, and Gorge Enrique, 32, from Mexico and James Dugalo, 41, from Canada, were alleged to have committed a preparatory act for trafficking 40.8kg of Ketamin on March 4 at 3.10pm at a house on Jalan Jingga 5, Taman Pelangi.

When High Court Judicial Commissioner Datuk Mohd Zawawi Salleh asked for the reason behind the withdrawal, DPP Laila reiterated that she had instructions from Putrajaya.

At that point, Mohd Zawawi asked if this was the “salt case” upon which DPP Laila remained silent.

Defence counsel Gobind Singh Deo, who represented one of the men, Canadian James Dugalo, asked that the court not only discharge his client, but also acquit all the suspects.

He argued that under Section 254 (3) of the Criminal Procedure Code, if a DPP decided to withdraw or discontinue a case, the court has the capacity to discharge and acquit the suspects.
Gobind said that all the suspects had been in detention for seven months since March this year and they had also been charged with a serious capital offence, which ordered for a mandatory death sentence upon conviction.

“It is not fair to leave that hanging over their heads. There is also no dispute that the substance of the subject matter is salt,” he said.

Mohd Zawawi agreed and said that the application was substantially grounded on the third reason as salt does not form a scheduled substance under the Dangerous Drugs Act.

He then ruled that the men be acquitted and that all their passports and belongings be returned to them.

Meanwhile, Johor Police Chief Dept Comm Datuk Mohd Mokhtar Mohd Shariff when contacted confirmed that the men had been rearrested for 60 days under the Special Preventative Measures.

Tuesday, 9 September 2008

Flip Flop Abdullah in Ahmad Ismail Case

Ahmad Ismail revolt – when will Abdullah stop his flip-flops and demonstrate that he is Prime Minister for all Malaysians
Media Statement by Lim Kit Siang in Petaling Jaya on Tuesday, 9th September 2008:

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi suffered two mortal political blows within a short period of six months – the first “political tsunami” of March 8 general election which smashed UMNO’s political hegemony, ended Barisan Nasional (BN)’s unbroken two-thirds parliamentary majority and drove BN into the Opposition in five states now run by Pakatan Rakyat governments and the second “political tsunami” in the August 26 Permatang Pauh by-election, where Anwar Ibrahim stormed back to Parliament with a thumping majority of 15,524 votes after an enforced absence for a decade.

Who would have thought that Abdullah’s third mortal political blow could have struck so fast and so devastatingly as to plunge his image, credibility, authority and legitimacy as Prime Minister to their lowest point since he took over from Tun Dr. Mahathir Mohamad as the fifth Prime Minister less than five years ago?

And this third mortal political blow to Abdullah was primarily self-inflicted, the direct result of his flip-flops over Bukit Bendera Umno division chief, Datuk Ahmad Ismail’s racist reference to Malaysian Chinese as “penumpang” in the country.

In this instance, Abdullah out-flip-flopped himself as he took at least five different positions in the past two weeks, viz:

• On 30th August, Abdullah condoned and excused Ahmad’s offensive, insensitive and racist speech, claiming that Ahmad had not “meant it”.

• On 3rd September, to head off protests from all directions both inside and outside Barisan Nasional, Abdullah agreed that his deputy Datuk Seri Najib Razak should apologise on behalf of Ahmad, with Najib conceding: “It (Ahmad’s comment) was totally unwarranted and doesn’t reflect the position and attitude of Umno or the leadership of Umno. We regret it very much.”

• On 4th September, Abdullah adopted a third position declaring that he was trying to contact Ahmad to ask him to tender a personal apology.

• On 6th September, Abdullah backed down in the face of revolt by Ahmad endorsed by 13 Penang Umno divisions (including Abdullah’s Kepala Batas Umno division) refusing to tender any apology on the ground that he was the aggrieved party. Abdullah accepted Ahmad’s self-serving and ridiculous explanation that his speech “based on historical facts” had been misinterpreted by Sin Chew Daily.

• On 8th September, Abdullah declared that he was “very unhappy” with Ahmad’s second press conference yesterday as Ahmad had outdone his racism and insensitivity in the “penumpang” remark.

In his second press conference yesterday which was suggested by the Prime Minister, Ahmad, backed by 13 Penang Umno division leaders, warned the Chinese in Malaysia not to mimic American Jews in seeking to control the country’s economy but also its political power; told Gerakan to leave the Barisan Nasional; demanded that Gerakan acting president Tan Sri Dr Koh Tsu Koon should be stripped of his post as the state Barisan chairman and the post be given to the MCA and reiterated that he would not apologise for his “penumpang” remark made at a Permatang Pauh by-election ceramah on Aug 23.

At the end of the press conference, a picture of Tsu Koon, which was hanging on a wall, was publicly brought down and torn to pieces.

The whole country and even the world is watching as to whether Abdullah would allow himself to be held to ransom by an Umno division leader with the threat of leading an open revolt in Umno not only in Penang but also in the country.

The Ahmad revolt is the direct result of Abdullah’s weak and indecisive leadership, out-flip-flopping himself and transforming what should be a very small issue which could be resolved with a directive to Ahmad to apologise and set a good example as a model Malaysian into a major political and nation-building crisis.

Ahmad’s antics and histrionics are irrelevant and he should be ignored altogether.

The sole issue is whether Abdullah will stop his flip-flops and assert his authority and leadership to demonstrate that he is Prime Minister for all Malaysians regardless of race, religion or political beliefs and remain true to his pledges and commitmernts to uphold the 1957 Merdeka social contract, 1963 Malaysia Agreement, 1970 Rukunegara and Vision 2020 objective of a Bangsa Malaysia.

There are extremist and irresponsible politicians who are trying to fan racial flames to incite communal tensions and foment unrest as the passport to regain political mastery in the country.

As the Prime Minister for all Malaysians, Abdullah must slap down these extremist and irresponsible politicians and not allow them to rear their ugly heads to hold the future of the people and nation to ransom for their petty and despicable ambitions.


--------------------------------------------------------------------------------

* Lim Kit Siang, DAP Parliamentary leader & MP for Ipoh Timor

Arrest Ahmad Ismail : Wanita Gerakan Urge

Wanita Gerakan: Arrest Ahmad Ismail
By Debra Chong

KUALA LUMPUR, Sept 9 Gerakan's national women's wing chief Datuk Tan Lian Hoe today urged Umno and Barisan Nasional president Datuk Seri Abdullah Ahmad Badawi to sack Bukit Bendera Umno warlord Datuk Ahmad Ismail from his position and to detain him under the Internal Security Act if he does not immediately quit playing the racial card.

She was responding to Ahmad's statements made yesterday at a press conference at the Penang Umno headquarters where he likened Chinese Malaysians to American Jews, and blamed Gerakan's acting president Tan Sri Dr Koh Tsu Koon for the rising racial tensions.

Ahmad's supporters also tore up a portrait of Koh, who is also state BN chairman, after he called for Gerakan to be ejected from the BN coalition.

"We, the people of Malaysia, cannot compromise with people who are irresponsible, uncivilised, rude and do not respect other people, who attempt to pawn and destroy the racial harmony and peace in the country," Tan said, reading from a prepared text.

"If he is not detained under the ISA, the black and bloody May 13 incident will recur as a consequence of Datuk Ahmad Ismail's actions," said Tan at a media conference held at the party headquarters in Cheras here this morning.

Though Gerakan has been a harsh critic of the ISA previously, Tan pointed out that since the Act has not yet been abolished, it might as well be used.

"The atmosphere at the grassroots level is most tense. We do not want that just because of one person, the May 13 incident happens. We do not want the people to be victims," she said.

Tan was unwilling to be drawn into the debate of the party leaving the BN coalition as yet. She said the party still enjoyed a good relationship with the rest of Umno, apart from those in Penang. For now, it would wait for the outcome of the BN supreme council, which is scheduled to meet later this afternoon.

But she was quick to quip that if Gerakan quit the BN, it was "out of the question now" that it would join with the Pakatan Rakyat opposition coalition.

"We will make our stand later," she said in a firm voice.

Tan also said that Wanita Gerakan would be satisfied if Ahmad immediately stopped making racial statements that incited hatred among the communities. Then there would be no need for the ISA.

She also did not push the issue of a public apology from Ahmad.

"We do not want to force an apology if the heart is not willing. That is a sin," said Tan.

May 13 if Pak Lah Dont Go : Khir Toyo

Refer to original Khir Toyo Blog at http://www.drkhir.com/

KUALA LUMPUR, Sept 8 – Senior Umno leader Datuk Seri Dr Mohd Khir Toyo has insinuated that a repeat of the May 13 racial riots almost 40 years ago could happen again if Datuk Seri Abdullah Ahmad Badawi does not step down soon.

The Selangor Umno strongman is worried that people will go to the streets if the government did not act now.

Without being specific, the former Selangor menteri besar said drastic steps must be taken to ensure Umno remained relevant.

"Umno needs a new leadership to give a new breath of life to the party and the people. For me, between the leader and the party, the party is more important. But we the rank and file, are we willing to enact changes?

"We are at the cross roads now, between being loyal to the leader and the party. The knife and the cucumber are in our hands," he wrote in his blog today, echoing former prime minister Tun Dr Mahathir Mohamad's call that Abdullah must resign now.

However, Dr Khir's use of the May 13 bogey was tempered by the united stand of the Malay-dominated Pakatan Rakyat (PR) alliance against racial politics.

After a meeting between Opposition Leader Datuk Seri Anwar Ibrahim, Pas vice-president Datuk Husam Musa and DAP leader Lim Kit Siang today, they issued a statement rejecting Umno's "race baiting tactics in an attempt to safeguard the interest of its top leaders and cronies".

The three leaders reiterated their stand in upholding the principles of the Federal Constitution such as respecting Islam as the official religion and the freedom of religious practices; Bahasa Malaysia as the national language and the right to practise the people's mother tongue, the status and sovereignty of the Malay rulers and the Bumiputra special privileges and the rights of all races.

"Based on these constitutional principles, we reject strongly the narrow racist political approach which has been the policy of Umno and Barisan Nasional.

"Therefore, we condemn the remarks made by (Bukit Bendera Umno division chief) Datuk Ahmad Ismail who is supported by all Penang Umno leaders. The issue of his speech has reflected the racist policy of Umno whose only intention is to defend the interest of a certain group of rich Malays and their cronies who have used political power to reap the wealth of the nation by hiding behind the slogan of protecting the needs of the Bumiputra and the Malays."

Ahmad has refused to apologise despite making racial remarks suggesting that the Chinese in Malaysia, being squatters, should not be given full citizenship. Despite Najib apologising on his behalf, the defiant Ahmad refused to budge.

More Remarks from Ahmad Ismail

More Damaging Remarks from Ahmad Ismail

Abdullah Badawi Leadership in doubt over handling of Ahmad Ismail Issues
Abdullah Badawi was seen as weak and slow in taking action against Ahmad Ismail.
Prime Minister Badawi is caught in a between UMNO , Barisan Nasional and Malaysia Unity
(1) He faces party polls in December and a revolt by his home state will almost surely doom his presidential candidacy. He need the support from Penang UMNO Divisional Leaders, any action against Ahmad Ismail, will affect the support to him in Penang UMNO Divisional, and he will be seen as uncapable of defending the Malays.
(2) BN Components parties has strongly critised Abdullah Badawi in action towards Ahmad Ismail both as the Prime Minister, UMNO President as well as UMNO Penang Chief.
MCA Stands
Penang MCA said it was severing all ties with him and all the Umno divisions that supported him until the issue was resolved.
The Chinese are angry “because the ancestors of the community had sacrificed for the country even before the country's independence”, Ong Ka Ting said
“We will not attend activities organised by the division until the issue is resolved,” said state MCA chairman Datuk Liow Tiong Lai.
Gerakan Stands
Penang Gerakan has severed all ties with the state Umno after the latest attack against its acting president Tan Sri Dr Koh Tsu Koon by Bukit Bendera Umno.
“We no longer want to be associated with Penang Umno,” Dr Koh told a packed press conference at its state headquarters in Macalister Road


Dr.Mahathir:
Dr Mahathir made it clear that he did not condone Ahmad's statement. “But I feel disgust at the inability of the present Malay leadership to manage racialism.
“ It is degrading for the second highest government leader to be apologising for every instance of improper behaviour by Umno members. The person who should apologise should be the culprit himself.”



Ahmad Ismail blames Koh for tensions
By Adib Zulkapli Malaysia Insider

GEORGE TOWN, Sept 8 — It was supposed to be a press conference for the Bukit Bendera Umno chief, Datuk Ahmad Ismail to diffuse the situation.

What happened instead after the press conference was his supporters tore up in anger a picture of former Penang Chief Minister Tan Sri Dr Koh Tsu Koon and engaged in a shouting match with reporters.

This happened after Ahmad, while defending his position, urged the Barisan Nasional leadership to expel Gerakan from the coalition.

His supporters also engaged in a shouting match with a reporter from an English language daily that reached its lowest point with death threats hurled at her.

Ahmad had been directed by Umno president Datuk Seri Abdullah Ahmad Badawi to hold a press conference today to try to diffuse the tensions sparked by his controversial remarks during the recent Permatang Pauh by-election campaign in which he referred to the Chinese in Malaysia as "squatters".

He read from a prepared statement, in which he defended his decision not to apologise for his remarks, and repeated his stand that he had been quoted out of context.

Ahmad put the blame for mounting racial tensions squarely on the shoulders of Koh, whom he accused of being a good actor who was instigating the Chinese.

He also attacked the reporter from a Chinese language daily for misreporting his speech.

"I was only mentioning the facts of what was the situation before Merdeka. Nobody can change history," he said.

He said Gerakan leaders were trying to make him a scapegoat, and that Koh was creating a "sandiwara," which caused tensions to rise.
"I have worked with him for the past 18 years. I know him very well. He is a good actor," he said.

He said the patience of Malays had its limits.

"I want to appeal to the Chinese not to become like the Jewish in America. It is not enough they control the economy, now they want political control."

Ahmad only answered one question from the press, before he ended the press conference.
Ahmad's supporters, who were also present during his press conference last Friday, even took down the picture of former Penang Chief Minister, Tan Sri Dr Koh Tsu Koon, from the wall of the conference room.

"One reporter insisted that I answer one more question from her, she was being a little bit rude, so some people got upset, you know how we Malays sometimes get angry with this kind of behaviour," said Ahmad when contacted.

"I was already in the office when they were arguing," he told The Malaysian Insider.
He added that he came out of the office when he heard the commotion to calm down his supporters.

Ahmad, however, said that the supporters ended up tearing the picture of Koh, as the frame was firmly nailed to the wall.

"Nothing serious happened," said Ahmad who reiterated that he was subjected to unfair trial by the media.

However, according to eye witnesses present at the press conference, some of Ahmad's supporters shouted, "sudah lah (enough)" and "bunuh dia (kill her)," at one reporter from an English daily who insisted on asking one more question.

"Of course she got angry as she was just doing her job, and the supporters were trying to intimidate her," said a reporter who was present at the press conference.

The reporter who was verbally abused by the Umno supporters said she would check with her employer on the next course of action.

On Friday, Penang opposition leader and state Umno secretary Datuk Azhar Ibrahim said that one reporter from a Chinese daily should be blamed for twisting Ahmad's words.

"What was written may lead to a racial riot. If such a thing happens, he is the first person that should be shot," said Azhar.

On Saturday, during the state Umno liaison committee meeting chaired by Datuk Seri Abdullah Ahmad Badawi, Ahmad presented his case and explained that his remark was made in a historical context.

Abdullah later said that Ahmad is not a racist although he did not say whether he accepted Ahmad's explanation.

Thursday, 4 September 2008

RM 11.31 Billion HSBB Project - AWARDED UNTENDERED

RM 11.31 Billion High Speed Broadband (HSBB) awarded without Tender, even when there are many interested party.

Quotes :

".......the government finally awarded Telekom Malaysia Bhd (TM) the big-budget RM11.31 billion high-speed broadband (HSBB) project"

".....However, some industry players are questioning why HSBT was rejected just on this technicality as its proposal would save RM2.4 billion in taxpayers’ money."

" A third proposal to wire up the country with high-speed broadband (HSBB) infrastructure at only RM5bil has surfaced, compared with Telekom Malaysia Bhd’s (TM) RM11.3bil and High Speed Broadband Sdn Bhd’s (HSBT) RM18bil proposals."

"The selection can be via a transparent tender basis and the company should focus as a wholesaler. There is indeed a need for a second network infrastructure in the country as demand for broadband will continue to grow and cannot be met with only one player."

"For now, having only one player to offer broadband infrastructure will stifle the growth of many smaller players. This proposal, if accepted, would create a situation where there would be competition, not just at the network infrastructure level but also at the service level, said a source."


"But, where does Mohamed’s proposal stand since the Government had given TM a letter of award for the RM11.3bil HSBB project? It looks like HBST is out of the race as it did not meet its timeline to submit a proposal to the Government."

Malaysia Alternative Voices :
Why do such a such a BIG project goes untendered?
Even when there a numerous parties interested at more competitive proposal

What Anwar Ibrahim says....

...................................there is now a proposal for a RM15.2 billion high speed broadband (HSBB) project to wire up 2.2 million so-called high economic impact premises.
Not many details have been released about the HSBB project since the plan was initially made known by Deputy Prime Minister Datuk Seri Najib Tun Razak last September. If this latest example of a mega project is approved, the expenditure will cost the public approximately RM 7,000 to wire each premise – a totally unjustifiable sum.

High Speed Broad Band (HSBB) in News

4 Aug 2008

New proposal aims to slash cost of building HSBB network by 80%
PETALING JAYA: A third proposal to wire up the country with high-speed broadband (HSBB) infrastructure at only RM5bil has surfaced, compared with Telekom Malaysia Bhd’s (TM) RM11.3bil and High Speed Broadband Sdn Bhd’s (HSBT) RM18bil proposals.


Developed early this year, the concept was presented only recently to the Malaysian Communication & Multimedia Commission, the Government and some industry players. At RM5bil, it does not cover the last-mile or fibre-to-the-home connectivity.


The aim of this proposal is to slash the cost of building a HSBB network by at least 80% from the other proposals and offer a wider reach of up to 80% of the population or about five million households. The speed for the HSBB using fibre is at 100 megabits per second.


This new proposal is not meant to derail TM’s HSBB project – it can co-exist. In fact, it opens up a whole plentora of opportunities for existing telecoms players to have neutral access to a broadband network. This means that mobile and WiMAX players need not build their own networks but just offer their services to the consumer using the neutral network as the backbone, and WiMAX, cellular, fibre or copper as the last-mile connectivity.

The man who came up with this idea is Dr Mohamed Awang Lah, who was instrumental in pioneering the Internet service in the country some 25 years ago. Although he is the chief executive officer of Jaring Communications Bhd, the proposal is entirely his own.
When contacted by StarBiz, Mohamed said: “I have made the proposal to the relevant authorities.’’


To him, the country needed a comprehensive programme to tackle the broadband issue on a long-term and sustainable basis. This should allow Malaysia to catch up and be more competitive with the other developed countries. As it stands, the broadband penetration in the country is only 5%, whereas Singapore – which has two broadband networks and a third set for bidding – has broadband penetration levels of over 80%.


“It can be privately funded or it can involve the Government via a public/private partnership. It also does not matter who runs the network – what is vital is that it should be owned and managed by people with the relevant knowledge and this should be a national kind of venture. We could possibly tap into the universal service provision fund, which stands at RM3bil currently,’’ Mohamed said.


A company could be set up to build and manage the network but the owners of the company should not be retail service providers, he said.


The selection can be via a transparent tender basis and the company should focus as a wholesaler. There is indeed a need for a second network infrastructure in the country as demand for broadband will continue to grow and cannot be met with only one player.
The proposal, which was looked at by some industry experts, should save the country a lot of money, in terms of infrastructure costs, and help create competition, which is greatly needed in Malaysia.
For now, having only one player to offer broadband infrastructure will stifle the growth of many smaller players. This proposal, if accepted, would create a situation where there would be competition, not just at the network infrastructure level but also at the service level, said a source.


But, where does Mohamed’s proposal stand since the Government had given TM a letter of award for the RM11.3bil HSBB project? It looks like HBST is out of the race as it did not meet its timeline to submit a proposal to the Government.


Mohamed said his proposal could ease some of the HSBB operator’s burden as there was a need to bring affordable broadband to every home within a reasonable period of time. To him, broadband should be a basic utility service, just like water and electricity, and the pricing of the service should be the same, irrespective of geographical locations.


3 Aug 2008

KUALA LUMPUR: After two postponements, the government finally awarded Telekom Malaysia Bhd (TM) the big-budget RM11.31 billion high-speed broadband (HSBB) project, virtually closing the door on a competing bid by a consortium powered by the Pahang state government.

The sum of RM11.31 billion is for the first phase of the project where the government would invest RM2.4 billion and Telekom the rest. The broadband project entails a second phase and would be implemented over 10 years.

“The project involves the access, domestic core and international networks to deliver an end-to-end HSBB infrastructure,” the telco said.

In May, TM was chosen by the government to implement the project. The contract was scheduled to be signed by July 1, but it was delayed as the government needed time to figure out where its portion of the funding would come from.

A new date for the signing was fixed for Aug 14, but it was again put on hold, due to the entry of Pahang government-backed High Speed Broadband Technology Sdn Bhd (HSBT) which proposed to implement the project using private financing, meaning no government funding.

HSBT, with a paid-up capital of RM1 million, is a special-purpose vehicle formed specifically to bid for the HSBB job. The Pahang government has a 20% stake in HSBT via its wholly owned subsidiary, Pahang Technology Resources. The rest of the company is owned by Bumiraya Resources Sdn Bhd.

Sources said that the government decided to award the job to TM only because HSBT failed to provide a detailed proposal to the Cabinet Committee on Broadband (CCB) as scheduled. “HSBT missed the deadline. So they are out of the race. The committee then rejected the proposal by HSBT and awarded the project to TM,” said a source.

However, some industry players are questioning why HSBT was rejected just on this technicality as its proposal would save RM2.4 billion in taxpayers’ money.

When contacted, a spokesperson for HSBT said that the company would proceed with its plan to ask the government to allow it to implement the project with private funding.

“What’s wrong with us proceeding with our plan and to provide open infrastructure? One thing we can be that TM can’t be, is to become a neutral infrastructure provider and will not compete with ISPs (Internet service providers),” the spokesperson said.

HSBT presented a lower-cost proposal on Aug 21, but it was told to submit a detailed proposal to CCB in a week. It was said to have presented a concept paper and the committee chaired by Deputy Prime Minister Datuk Seri Najib Razak wanted to look at its detailed proposal before making a decision.

Energy, Water and Communications Minister Datuk Shaziman Abu Mansor, senior ministry officials and Malaysian Communication and Multimedia Commission chairman Datuk Halim Shafie were among those at the meeting.

In its proposal, HSBT said it would build an open network valued at RM18 billion over 10 years in collaboration with several foreign partners and local government-linked companies. The proposal was presented by a 10-member team, led by Pahang Menteri Besar Datuk Seri Adnan Yaakob, who is also the chairman of Pahang Technology Resources.

HSBT technical and corporate strategy director Shukor Ahmed had said in early August that the main source of funding would be its strategic partners, while the rest would be raised from sukuk and other forms of funding. He added that some funds would also come from a Middle Eastern firm. The company has technology partners from Japan, South Korea and Sweden, who are able to deploy a network that offers higher speed, he had said.

BN Point of No Return : Gerakan

Gerakan to push for BN code of conduct

KUALA LUMPUR, Sept 3 — Gerakan will push for a Barisan Nasional (BN) code of conduct with an effective disciplinary mechanism at the next BN Supreme Council meeting, its acting president Tan Sri Koh Tsu Koon said today.

A BN code of conduct with stern disciplinary action for all members of BN component parties was very much needed to deter and discipline racist remarks and anti-social behaviour that jeorpardise national unity and BN solidarity, he said in a statement.

Koh reiterated his call for such a code, and welcomed Deputy Prime Minister and Umno deputy president Datuk Seri Najib Tun Razak's apology on behalf of Umno over the remark by a party divisional leader in Penang during the Permatang Pauh by-election last month.

"Najib's sincerity has helped to ease somewhat the anger and tension arising out of (Bukit Bendera Umno division head) Datuk Ahmad Ismail's insulting racist remark," he said.

Dr Koh earlier proposed the BN code of conduct together with provisions for stern disciplinary action following the uproar among the Chinese community and political leaders over Ahmad's remark that "Malaysians of Chinese origin are merely squatting in this country and hence not entitled to equality".

He said although it might be argued that Ahmad's remark was only his personal view and not Umno's stand, it had definitely tarnished the image of Umno and BN.
"This is especially so when top party leaders were perceived as condoning it by not condeming it fast and firm enough.

"It was indeed yet another case of what the Malay proverb says, 'nila setitik, rosak susu sebelanga' meaning, 'a drop of blue dye spoils a pot of milk’.

"BN may have many pots of milk because of the good work and goodwill BN has achieved and accumulated through over 50 years of nation building with the people.

"However, if too many drops of blue dye continue to be sprayed, all of BN's pots of milk will eventually be spoilt. We may be reaching such a critical point of no return now," said Dr Koh.
He said therefore BN itself and all component parties had to be very firm and fast in dealing with "such irresponsible and insensitive remarks and behaviour".

"Provisions for disciplinary action in the code of conduct should be applied automatically and immediately before any racist remark triggers adverse chain reactions, leading to greater conflict.

"Moreover, if the remark or behaviour is serious enough, appropriate action under the Sedition Act and other relevant laws must also be taken at the same time.

"Any act that threatens national unity and inter-racial or inter-religious harmony must be dealt with very sternly," he said.

In the run-up to the Permatang Pauh by-election, Ahmad Ismail, in a ceramah, had said that the Chinese community were mere immigrants in the country and thus were not entitled to equal rights in Malaysia. — Bernama

Investor Avoid Malaysia : Credit Suisse

Credit Suisse : Investor to Avoid Malaysia , a politically unstable country


Credit Suisse tells investors to avoid Malaysia

KUALA LUMPUR, Sept 3 — International financial services group Credit Suisse has lumped Malaysia and Thailand, where a state of emergency has been declared, into the same category of politically unstable countries where investors should avoid buying stocks.
Bloomberg quoted a Credit Suisse brokerage report as saying a power struggle between Opposition Leader Datuk Seri Anwar Ibrahim and the government is heightening risks to the Malaysian economy.
“While we are a step closer to political conclusion, we really are none the wiser as to what that outcome will be,” Bloomberg quoted Stephen Hagger, a Kuala Lumpur based analyst at Credit Suisse, as writing in a report today.
Hagger wrote: “Malaysia offers some value versus the region, but it is not really cheap enough to justify the risks.”
Bloomberg also reported that other brokerages were forecasting tough times.
Southeast Asian markets have “not yet approached levels where visible risks have been fully discounted,'' Goldman Sachs Group Inc. was reported to have said in a Sept. 1 report, citing concerns over the political outlook in Malaysia and Thailand.
“We've been underweight in Thailand for the better part of the last two years because of a continuation of the negative domestic political sentiment,” Beat Lenherr, who oversees more than $20 billion (RM46 billion) of assets as Singapore-based chief global strategist at LGT Capital Management, told Bloomberg
“Malaysia faces similar problems and we're heavily underweight there as well.”

Wednesday, 3 September 2008

Open Letter to PM & Minister from Lim Kit Siang

10 Challenges which Malaysia Cabinet must address

Open Letter to the Prime Minister and the Cabinet by Lim Kit Siang on Tuesday, 2nd September 2008:



First post-Permatang Pauh by-election Cabinet meeting tomorrow - an acid test whether Barisan Nasional government has learnt the lessons of the two "political tsunamis" in six months

YAB Prime Minister and Deputy Prime Minister,
YB-YB Cabinet Ministers,

Ten challenges which the Cabinet must address tomorrow to demonstrate that it has learnt the lessons of the two political tsunamis in six months

I believe the overwhelming majority of Malaysians have one common reaction when they read or learnt of the news of the announcement by Japanese Prime Minister Yasuo Fukudu of his sudden resignation yesterday – when Datuk Seri Abdullah Ahmad Badawi is going to resign as Malaysian Prime Minister despite his earlier announcement of the power-transition schedule in June 2010.

This may be unfair but this is a fact. Why is this so when four short years ago, the Prime Minister had won the country’s biggest mandate in the 2004 general election winning an unprecedented 91 per cent parliamentary majority?

This was one of my thoughts when I hiked up Penang Hill “48” this morning, which I had not done for a very very long time. The hour hike up and down Penang Hill “48” provided me with a very conducive atmosphere to think about the multiple crisis of confidence afflicting Malaysia – political, economic, educational, judicial, institutional and nation-building.

The idea to pen this Open Letter also came from this hike as the Cabinet meeting tomorrow is the first one after the Permatang Pauh by-election, presenting an acid test whether Barisan Nasional government has learnt the lessons of the two “political tsunamis” in six months to save the country from the multiple crisis of confidence confronting the nation.

There are at least ten challenges which the Cabinet must address tomorrow:

1. Ahmad Ismail’s racist remarks

The Cabinet must sternly and unanimously censure the Bukit Bendera Umno chief, Datuk Ahmad Ismail for his offensive, insensitive, derogatory and racist remarks about the Malaysian Chinese during the Permatang Pauh by-election campaign.

By referring to the Chinese as pendatang, orang tumpang and totally untrustworthy Malaysians, and going into hiding after making the offensive and racist remarks, Ahmad had spoilt the 51st Merdeka anniversary celebrations and sabotaged the Prime Minister’s 51st National Day Message calling on every Malaysian to give importance to solidarity, as “it is the cornerstone of the country’s political stability, social harmony and economic competitiveness”.

The Prime Minister has also caused great dismay and distress among right-thinking Malaysians as he has chosen to demonstrate his “solidarity” with Ahmad when he should be an exemplar for Bangsa Malaysia.

Is there any Cabinet Minister who is prepared to point out tomorrow that the Prime Minister’s response in condoning Ahmad’s racists remarks is weak, unworthy and unacceptable?The Prime Minister’s statement: “I will tell him not to do it again…. I don’t think he meant it. I’ll make sure to tell him not to use it again” raises many questions.It means that the Prime Minister had neither met, discussed nor reprimanded Ahmad or he would not have used to future tense of “I will tell him not to do it again”.

How can Abdullah ensure that such offensive, insensitive, derogatory and racist language would not be used again when even in Parliament recently, Umno MPs could hurl racist abuses like “Balik Cina” without any censure by UMNO or BN leadership?

Or shouldn’t the Ahmad Ismail furore be raised and discussed in the Cabinet at all? In that case, let the Cabinet explain its double standards in rejecting the apology of Wee Meng Chee for the “Negaraku” rap video-clip just before the 50th Merdeka anniversary last year, with Umno Ministers competing with each other to demand all sorts of penalties including stripping him of his citizenship as compared to the case of Ahmad Ismail!

2. Declare Malaysia Day on Septembert 16 as a national public holiday

Sabah and Sarawak have suddenly become very important after the March 8 “political tsunami”, not so much to end the long-standing neglect and marginalisation of the rights of the people of Sabah and Sarawak as distinct from those of the leaders of Barisan Nasional in the two states but to ensure the survival of the Barisan Nasional power structure at the federal level.

This is just not good enough as the people of Sabah and Sarawak feel being made used of just to perpetutate the vested interests of the Barisan Nasional in Kuala Lumpur, without any change of heart by the Barisan Nasional leaders.

After 45 years, the people of Sabah and Sarawak must be made to feel that they are an integral part of the Malaysian federation with the Cabinet taking the first step in declaring Malaysia Day on September 16 as a national public holiday with effect from this year.

3. Commitment to establish IPCMC by end of the year

Despite increased budget allocations for the police, Malaysians today feel even more unsafe whether in the streets, public places or the privacy of their homes compared to five years ago when Datuk Seri Abdullah Ahmad Badawi became Prime Minister.

In Pasir Pinji in my parliamentary constituency of Ipoh Timur, there is a reign of fear following a sudden spate of violent thefts leaving the residents and the petty trading community worry for their lives.

This is not an isolated development in Ipoh but represents a worsening situation of law and order in the country, which has made Malaysia unsafe and insecure for its citizens, visitors and investors.

So far there is no political will to fully implement the recommendations of the Royal Police Commission, including the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC) to create an efficient, incorruptible, professional world-class police service to keep crime low.

Let the Cabinet make a policy decision tomorrow to establish the IPCMC by the end of the year.

4. Restoration of an independent, impartial, professional and meritocratic judiciary

The Cabinet has failed Malaysians in failing to set up a Judicial Appointments Commission to restore national and international confidence in the independence, impartiality, integrity and meritocracy of the judiciary.

There must be a Cabinet commitment that although such a Judicial Appointments Commission has not yet been set up, the Prime Minister will respect and follow the spirit of consultation intended in such a judicial reform when appointing the next Chief Justice as the current Chief Justice of Malaysia Datuk Abdul Hamid Mohamad will retire on 17th October 2008.

The Prime Minister and the Cabinet must be forewarned that it does not serve the cause of justice or the nation if the country is plunged into a new judicial crisis because of the appointment of the first Umno Chief Justice in the nation’s history in utter disregard of a proper consultation with the relevant stakeholders such as the Bar Council, the Parliamentary Opposition and the civil society, and in keeping with the principles of accountability, transparency and good governance.

This Open Letter to the Prime Minister and Cabinet is still a work-in-progress. However, because of time factor, I am making public the first four of the ten challenges to give time for deliberation by the Cabinet while the rest of the Open Letter would be finalized and released before the end of the day.

This is one beauty of the Internet era of instant communication and there is no reason why Malaysians should not fully make use of such facilities opened up by the information age.

5. Zero tolerance for corruption

Let the Cabinet declare a new National Integrity Plan objective of zero tolerance for corruption – with Malaysia ranked among the top 10 countries which are least corrupt in the world.

Although there is a flurry of arrests by the Anti-Corruption Agency (ACA), Malaysians are reminded of the earlier flurry of ACA activities in the first few months of the new Abdullah premiership which finally fizzled out into nothing – with Malaysia’s ranking in the annual Transparency International Corruption Perception Index plunging from No. 37 in 2003 to No. 43 in 2007.

Are the Prime Minister and Cabinet prepared to give full liberty and authority to the ACA to fight corruption even against Cabinet Ministers, Chief Ministers, Mentri-Menteri Besar and top Barisan Nasional leaders without getting any greenlight from the Prime Minister?

6. End the brain drain

Is the Cabinet prepared to admit that one fatal mistake of our nation-building policy which has led to our diminishing international competitiveness and why Malaysia has lost out to South Korea, Taiwan, Hong Kong and Singapore in the past half-a-century and continuing to trail behind more and more countries is injustice and discrimination meted out to the best and brightest talents driving them overseas.

Is the Cabinet prepared to end this crippling denial syndrome to end the brain drain of the best and brightest talents overseas – in particular stemming the brain-drain to Singapore by reinstating the principle of meritocracy and ensuring that Malaysia’s best and brightest, regardless of race, can get the best educational and employment opportunities in their own country?

7. Admit failure of Malaysias education and higher education policies

Just refer to the advertorial of Universiti Tun Hussein Onn published in the New Straits Times of August 23, page 43 to commemorate the conferment of an honorary PhD in Education on Raja Zarith Sofiah if anyone still have any doubts of the failure of the Malaysian education system, whether primary, secondary or tertiary.

It is not just about the “murder” or may be more appropriate term “sodomy” of the English language but reflects the utter sense of irresponsibility of the educational authorities which could see Malaysia plunging from a nation with internationally-recognised high standards of English language to one where we can only hold our heads in shame.

The international repute of Malaysian universities have suffered similar decline.

Is the Cabinet prepared to take a policy decision that Malaysian universities should rank among the best in the world – with at least two among the World’s Top 100 and another two in the list of the World’s next Top 100. In other words, at least four Malaysian Universities among the World’s Top 200 Universities?

8. Usher in a new era of democracy and human

Is the Cabinet prepared to initiate action to usher in a new era of democracy and human rights with the repeal of draconian and undemocratic laws which violate human rights such as Internal Security Act, Official Secrets Act, Sedition Act, Printing Presses and Publications Act and the Police Act?

9. Parliament

Neither the Prime Minister, the Home Minister or any other Cabinet Minister has been able to explain why government has rejected the proposal for the establishment of a Parliamentary Select Committee on the DNA bill, raising questions about the government commitment to create a first-world Parliament.Is Cabinet prepared to demonstrate its seriousness to far-reaching parliamentary reforms including the establishment of a parliamentary select committee whereby every Ministry would be shadowed by a Select Committee?

10. Bangsa Malaysia and Ketuanan Rakyat

Finally, is the Cabinet prepared to totally revamp government nation-building policies in accordance with the concept and vision of Bangsa Malaysia, highlighting the principle of Ketuanan Rakyat and not Ketuanan Melayu, Ketuanan Cina, Ketuanan India, Ketuanan Dayak or Ketuanan Iban?

Yours sincerely,
Lim Kit Siang
DAP Parliamentary Leader &MP for Ipoh Timor

(Malaysia Alternative Voices have no assoiciation with any political parties but article which are relevant to Malaysian in a whole is published to attact attention and create awareness from more Malaysian)