Tun Abdul Hamid menulis tentang perpecahan melayu dan tuntutan melampau bukan melayu

Berikut adalan tulisan hasil pandangan Tun Abdul Hamid Mohamad, bekas Ketua Hakim Malaysia. Penulisan beliau boleh di baca di http://www.tunabdulhamid.my

PERPECAHAN MELAYU PUNCA TUNTUTAN MELAMPAU BUKAN MELAYU

Oleh Tun Abdul Hamid Mohamad

Pada pandangan saya, hubungan antara kaum di Malaysia masih baik. Rakyat berbagai kaum masih menjalani hubungan seperti biasa. Tidak ada ketegangan di antara kaum dalam hubungan mereka seharian. Hubungan sosial di antara sesama orang Melayu juga baik, tidak kira apa parti politik mereka. Apa yang berlaku semenjak PRU 12 ialah “political divide”.

PAS, melalui janji syurga yang tidak perlu ditepati, mengkafirkan penyokong UMNO dan memburukkan pemimpin-pemimpin UMNO dan lain-lain, telah berjaya menarik sebilangan besar orang Melayu untuk menjadi penyokongnya, bukan lagi di kawsan pedalaman tetapi juga di kawasan bandar, bukan lagi di kalangan orang-orang yang berkelulusan Syari’ah tetapi juga di kalangan professional. Ini telah melemahkan UMNO.

Tetapi, selagi PAS kekal bersendirian dan tertumpu kepada negeri-negeri Pantai Timur, ia tidak menjadi ancaman yang serius kepada kerajaan BN di peringkat Persekutuan.

Keadaan berubah dengan penubuhan PKR. PKR telah berjaya menarik orang-orang yang kecewa, yang tidak mendapat tempat dalam UMNO, golongan opportunist dan yang marah kepada pemimpin-pemimpin UMNO tidak kira sama ada alasannya munasabah atau tidak. PKR telah membuktikan bahawa ia hanya mempunyai satu matlamat: berjuang untuk menjatuhkan Kerajaan BN untuk membolehkan Dato’ Seri Anwar Ibrahim menjadi Perdana Menteri Malaysia. Mereka sanggup melakukan apa sahaja untuk mencapai hasrat mereka, termasuk mengorbankan hak orang Melayu dan kedudukan agama Islam.

Melihat perpecahan orang Melayu, orang Cina khususnya, yang memang pandai membuat perkiraan, telah bersatu di belakang DAP, mengambil faedah daripada undi penyokong PKR dan PAS untuk menjatuhkan BN dan menjadi parti dominan dalam Pakatan Rakyat yang akan memerintah. Perak selepas PRU12 adalah misalan yang baik. Wakil PAS di jadikan sebagai Menteri Besar menyebabkan penyokong-penyokong PAS merasa bahawa mereka telah berjaya menubuhkan sebuah “Kerajaan Islam”. Maka bertakbirlah mereka di sepanjang jalan menunjuk perasaan. Hakikatnya majoriti ahli Exco adalah ahli-ahli DAP dan merekalah yang sebenarnnya berkuasa. Jika dulu “Pak Kadok menang sorak kampung tergadai, sekarang Haji Kadok menang takbir negeri tergadai.” Semua ini orang Melayu, khususnya dalam PAS, mesti sedar.

Melihat keadaan ini, NGO-NGO Cina mula menunjukan sikapnya yang sebenar: tamak dan “kiasu”. Mereka mula membuat tuntutan-tuntutan yang tidak berpatutan yang melanggar peruntukan-peruntukan Perlembagaan khususnya mengenai hak orang Melayu dan kedudukan Islam. Tindakan Gereja Katholik juga sangat merbahaya. Semua perbuatan itu bukan sahaja boleh menggugat perpaduan negara, malah ketenteraman negara. Semua ini tidak berlaku semasa orang Melayu teguh di belakang UMNO.

Perbuatan itu mesti dibendung. Untuk itu Kerajaan hendaklah memikir semula mengenai keperluan mengadakan semula Akta Keselamatan Dalam Negeri (ISA). Kita tidak patut takut kepada kritikan mengenainya. Singapura dan Brunei mempunyai undang-undang yang serupa. Tidak pula dikritik. Apa yang dilakukan oleh Amerika Syarikat di Guantanamo adalah lebih teruk dari penahanan di bawah ISA. (Lihat Conflict of Interests Between Different Basic Rights dan juga Legal and judicial Transformation in Malaysia: www.tunabdulhamid.my.)

Di samping itu, Kerajaan tidak patut terlalu berlembut apatah lagi takut kepada mereka sehingga tidak berani mengambil tindakan undang-undang terhadap mereka. Tidak guna mempuyai undang-undang jika tidak berani menggunanya.

UMNO juga mesti berusaha untuk menarik balik pengundi yang telah lari kepada PAS dan PKR malah sanggup mengundi DAP kerana taat kepada PKR dan PAS. PAS dan UMNO perlu berfikir untuk berkerja sama, sekurang-sekurangnya di peringkat Persekutuan untuk mempertahankan Kerajaan Persekutuan daripada jatuh kepada PKR dan DAP. PAS mesti sedar bahawa perjuangan asal mereka adalah untuk Melayu dan Islam; bahawa jika Pakatan Rakyat berkuasa DAP akan menjadi parti dominan, bukan PKR atau PAS; bahawa PKR tidak boleh diharap untuk membela orang Melayu dan agama Islam; bahawa DAP adalah lebih chauvinistic daripada MCA atau Gerakan; bahawa PKR atau PAS tidak boleh mengawal cita-cita DAP seperti UMNO mengawal MCA atau Gerakan. Maka jika PAS tidak mahu hak Melayu dan kedudukan agama Islam digugat, ia hendaklah berkerjasama dengan UMNO.

Sebenarnya, di antara PAS dengan UMNO sudah tidak ada apa bezanya lagi. Demikian juga tidak ada apa bezanya di antara Kelantan yang diperintah oleh PAS selama lebih kurang 40 tahun, dengan negeri-negeri lain di Semenanjung Malaysia selain daipada mengadakan kaunter bayaran berasingan untuk lelaki dan perempuan. Dulu Qari’ah haram mengambil bahagian dalam tilawah Al-Qur’an. Sekarang ia sudah harus! Apa yang menjadi “penghalang” bukan ideology tetapi kepentingan diri. Pemimpin-pemimpin di kedua buah parti takut hilang kedudukan, jawatan dan pendapatan masing-masing, jika bercantum. Soalan: adakah itu asas perjuangan mereka? Masalah ini pun boleh di atasi jika kedua parti berkerjasama untuk menubuhkan Kerajaan Persekutuan, selepas keputusan pilihanraya di isytiharkan.

Anak Negeri Sabah dan Sarawak juga patut sedar bahawa kedudukan mereka dalam Perlembagaan adalah serupa dengan kedudukan orang Melayu. Jika mereka mahu kedudukan mereka selamat, mereka hendaklah bersama-sama orang Melayu, UMNO dan BN. Bahawa sebahagian daripada mereka beragama Kristian tidak pernah menjadi masalah. Mereka boleh terus mengamalkannya seperti biasa dalam Bahasa Kadazan dan sebagainya. Yang dibantah oleh orang Islam, terutama sekali di Semenanjung Malaysia, ialah cubaan untuk menggunakan kalimah “Allah” dalam bible dan upacara agama dalam Bahasa Melayu, kerana motifnya adalah untuk mempengaruhi orang Melayu menganut agama Kristian. Ini jelas dilarang oleh Perlembagaan Malaysia.

Jika PAS dan parti-parti Anak-Anak Negeri Sabah dan Sarawak boleh bersama- sama dengan UMNO dan BN, Kerajaan Persekutuan akan selamat walau pun orang Cina bersatu di belakang DAP. Apabila merek merasa bahawa keadaan itu akan merugikan mereka, mereka akan mula berfikir semula untuk berkerjasama dengan BN. Orang Cina membuat perkiraan mengikut untung-rugi. Itu sahajalah prinsip mereka.

Kita sekali-kali tidak hendak meminggirkan orang Cina. Semenjak PRU 1955, UMNO memberi kawasan-kawasan majority Melayu yang selamat kepada calon-calon MCA dan MIC semata-mata untuk memberi representasi yang lebih kepada mereka. Apa yang berlaku selepas PRU13 pun adalah pilihan mereka sendiri. Pengundi-pengundi Cina yang berdiri sebulat suara di belakang DAP mungkin akan berfikir semula apabila mereka menimbang semula untung-ruginya.

Pengundi-pengundi India patut bertanya diri mereka sama ada Kerajaan Pakatan Rakyat akn menjaga kepentingan mereka lebih baik daripada rekod BN selama lebih daripada lima dekad.

Umur PKR terikat dengan umur Dato Seri Anwar Ibrahim, tidak lebih dari itu.

Kerajaan mestilah bersikap tegas dan tidak melayan tuntutan-tuntutan melampau itu. Malah tindakan undang-undang hendaklah diambil terhadap mereka jika mereka melanggarnya. Di kebelakangan ini, Kerajaan nampak seolah-olah takut mengambil tindakan undang-undang terhadap aktivis yang menyebabkan mereka semakin melampau. Malah ada aktivis yang menghina lagu Kebangsaan yang bukan sahaja tidak dihadapkan ke mahkamah tetapi diberi bantuan kewangan untuk membuat film yang memburukkan Malaysia. Cuba bayangkan bagaimana Singapura akan bertindak dalam keadaan yang serupa. Seperti disebut tadi, Kerajaan mestilah memberi pertimbangan serius untuk mengadakan semula ISA. Pelampau hanya faham ketegasan, bukan diplomasi.

Pemimpin-pemimpin UMNO juga patut sedar diri. Sebenarnya UMNO sebagai sebuah parti Melayu berada di atas landasan yang betul. Yang dipersoalkan ialah pemimpin-pemimpinnya. Mereka, isteri dan anak-anak mereka dilihat sebagi hidup mewah di luar kemampuan mereka yang membangkitkan isu rasuah. Saya dapati, politik wang dan tertutupnya pintu untuk “orang baru” memasuki dan memenangi apa-apa jawatan dalam hierarchy UMNO adalah faktor utama mengapa kalangan professional tidak menyertai UMNO. Mereka lebih mendapat tempat dalam PAS. Jika hal ini berterusan UMNO akan ketandusan pemimpin. Hal ini telah pun dirasai hari ini.

22.04.2014

#anwar-ibrahim, #chinese-supremacy, #malaysian-ge-2013

The sly christian priests and the naïve muslims

It is tiring to educate people on the issue of “kalimah Allah”. And it is even more exhausting to think that we have to explain to certain group of muslims on why the word ‘Allah’ should not be used by christians here.

Muslims in general, if they had known the real reason on why here in Malaysia it is offensive for christians to use it, they should not be supporting a church in Selangor who remained recalcitrant and arrogant in continuing the use of the word Allah in their hymns and masses.

Even people like Marina Mahathir and her like minded muslims friends are too ignorant and could not fathom the reason on why christians here in Malaysia should not use the word Allah in the face of the majority of Malaysians. And who are the majority of Malaysians? The muslims of course.

So here is the answer from a renown scholar by the name Dr. Zakir Naik. The answer gets interesting after the 2.30 minute mark. This is 9 minute video in which the muslims and the christians should watch:

Basically, what Dr Zakir is saying, christians can use the word Allah – but if you associate Allah (the one True God) with Jesus Christ or the Trinity, then you are ‘kufur’. Why would us muslims want to permit ourselves to become kufur just like the christians?

Why would Marina Mahathir, who worships Allah S.W.T. whereby Allah that she worships does not have a son, and certainly have got nothing to do with the Holy Spirit, is crying on top of her lungs to defend the christians on their right to equate Allah with Jesus, or Allah with the Holy Spirit?

Now this is why it is offensive for muslims (except for some muslim politicians and the more liberal muslims) to see the christians using the word Allah in their christian and sermons.

Those liberal muslims are so naive in their freedom of speech and religion of other people they forgot what effect this will have on muslims here.

The christians in Malaysia especially in Selangor have never used the word Allah in any of their prayers before. We at this blog have never met any of our christian friends who had prayed to Allah all this while. And apparently, not all christian churches in Malaysia agreed to use the word Allah in their mass. To them, Allah as a God is a different concept altogether from their own understanding of God – Yahweh, Jesus Christ etc.

If you are christian and reading this, do you use Allah in any of your prayers? Unless of course you are that small part of East Malaysians who actually used the word Allah in their bibles over there. But that is another matter which will be discussed later below.

But first, what is the agenda of this one Father Lawrence Andrew who insisted that christians in Selangor must be given the right to use the word Allah? Why is he so insensitive to jeopardise the harmonious relationship between muslims and christians over here? Christianity teaches blatant disregard towards tolerance and

If Father Lawrence himself never prayed to Allah all these years, it will be hypocritical for him to start now. It does not matter if he lamely stated that just recently, his flock has many East Malaysians now. Is he saying that being tolerant towards the sensitivities of muslims in Selangor takes a back seat over the need of much smaller community?

There should be give and take when looking at the bigger picture.

The other problem besides the muslims giving permission for other people to equate Allah towards something the He is not (syirik), is the potential fraud and subterfuge that comes with the use of Allah in Christianity.

This was somewhat shown in one of the previous article “Worshiping Jesus in Islam”. This time, the covert Christian evangelicals and their tactics can even be read openly in their portals such as the article “Son and The Crescent” in the Christian Today portal, as well as in the article “Case for God“. The links provided in latter has examples on the proselytisation of muslims into christians.

The evangelicals use tactics which they term as Conceptualisation and Localisation when preaching christianity to muslims. They use terms and jargons familiar with the muslims in the effort to convert them. To cut the story short, that is the reason why the malay bibles exist today with the word ‘Allah’ transcribed into them instead of the word ‘Tuhan’ which is a more logical translation for God.

Ultimately, the christians in East Malaysia during the British era was taught the bible using the bibles from Indonesia and this is what the Father Lawrence and Marina Mahathir is frighting today – that the christians in East Malaysia have used the word Allah in their bibles for centuries, which incidentally, this argument is based on the wrong facts and entirely founded on the grounds of subterfuge propagated by the christian missionaries a couple of centuries ago. How unfortunate.

Below is the video by christians, for the christians on how they covertly change their proselytisation technique to suit every culture they come across. What these evangelicals want it to spread Christianity and Jesus Christ around the world.

This deception and double-dealing is something that is real which muslims must be wary about. We have enough agitators which want nothing more than to see chaos and racial upheaval in Malaysia so that they can benefit from it one way or another. Does Father Lawrence want to see this happen by remaining stubborn and wilfully defiant?

Even an imam (Imam Muhammad Musri) from in the USA recently wrote something in Huffington Post recently. Although he is quite ignorant in his article especially pertaining to the real happenings here in Malaysia, he did mention about the stealth of christians in trying to proselytise muslims:

Screen Shot 2014-01-09 at 7.42.25 PM

His only ignorance is when he thought the word ‘Allah’ is the right term for ‘God’ among Malaysians. Which is definitely not true. The right term for God is Tuhan. For Malaysians, Allah is an arabic word recognised only by muslims as God.

But as  Muhammad Musri said above, fraud (stealth proselytisation) deserves appropriate penalties (which obviously is stated in our own Constitution) and it is up to the muslims to defend themselves against these tricksters.

As a conclusion, there are two fronts on why the muslims are against the word ‘Allah’ being used by the Christians:

1) they do not want to be an accomplice when some people equate Allah for something He is not, and;

2) the element of trickery evidenced by the centuries of proselytisation methods among the evangelicals towards the unsuspecting muslims.

If you are a muslim and your iman is strong, congratulations. But there are many muslims out there who are ignorant and not strong enough to counter the onslaught from some christian missionaries whose sole objective is to bring the muslims to embrace christianity.

If you have not listened to what Dr Zakir Naik said in the video above, please do so. It will give you some comprehension on the subject. And please watch the second too. Thank you.

#reference

The ‘Independent’ Malaysian Insider is just a Toady

The Mind of the Analyst

 by Chedet

1. Among the cleverest people in the world are the analysts – the people who can see through solids, even see and recognise what lies behind. This gives them power and as we all know power corrupts. Few among the analysts can restrain the corrupting influence of their power.

2. The analyst who works for Malaysian Insider clearly is one who cannot resist the abuse of that power. Given a task by his master he comes up with a fantastic analysis on the recent decision by the court that the word “Allah” is exclusive to Islam and may not be used by the Catholic “Herald”. He saw an opportunity to serve his master like the toady he is.

3. His master had recently demonised me by incorrectly and clearly deliberately translating my statement on corruption. I had said that I was sold by my divisional representatives for RM200/-. The English version was correct. But the Malay translation implied that I bribed my divisional delegates with RM200/-. Why I should bribe them so they would not vote for me is beyond me. But the opportunity to blacken my name in the eyes of the Malays was too good to be missed by his master.

4. When asked to correct and apologise, Malaysian Insider decided to demonise me instead by stating that Twenty-five years ago when “Tun Mahathir Mohamad dismantled one of the most respected judicial institutions in the Commonwealth and destroyed the concept of separation of powers in Malaysia rhetorically he asked “how many Malaysians were truly upset with his interference?” In one sentence he made a lie appear to be an indisputable truth, without stating what indeed I had done to deserve the demonisation.

5. The arguments by the great analyst are rather convoluted but the implication is clear. The Malaysian courts (and here Tun Suffian words are made use of) will never be able to recover the respect they had before I “destroyed” them.

6. The truth is that the courts often made judgements against me or the government I lead. The classic case is when UMNO, the ruling party was declared illegal because a few branches cheated. Yet recently when the Central Committee of the DAP was found to have basically cheated, it was simply asked to hold another election. But for UMNO, when four out of more than 6000 branches did not follow procedures, the whole party was declared illegal. The judge who made this judgement was then promoted. I did not object.

The rest of the article can be read at his blog here.

For more articles on how The Malaysian Insider is really a running dog for the liberals who are afraid that their own smokescreens of under-achievements, weaknesses and insecurities  will be discovered by the public, please go here, here and here.

#karpal-singh, #malaysian-judiciary

The US should learn the lessons from Malaysia

Following up with the previous article regarding the government’s ill-conceived idea of repealing ISA and Emergency Ordinance Act, below is an article regarding a similar issue happening in California at this very moment (my comment after the article)

Supreme Court orders California to release 10,000 inmates, despite governor’s protest

SAN FRANCISCO — The U.S. Supreme Court on Friday paved the way for the early release of nearly 10,000 California inmates by year’s end despite warnings by Gov. Jerry Brown and other state officials that a public safety crisis looms if they’re forced to open the prison gates.

A majority of justices refused an emergency request by the governor to halt a lower court’s directive for the early release of the prisoners to ease severe overcrowding at California’s 33 adult prisons.

The decision was met with concern by law enforcement officials in the state.

Covina Police Chief Kim Raney, president of the California Police Chiefs Association, said the justices ignored efforts already underway to reduce prison populations and “chose instead to allow for the release of more felons into already overburdened communities.”

Brown’s office referred a request for comment to the California Department of Corrections and Rehabilitation, where Secretary Jeff Beard vowed that the state would press on with a still-pending appeal in hope of preventing the releases.

A panel of three federal judges had previously ordered the state to cut its prison population by nearly 8 percent to roughly 110,000 inmates by Dec. 31 to avoid conditions amounting to cruel and unusual punishment. That panel, responding to decades of lawsuits filed by inmates, repeatedly ordered early releases after finding inmates were needlessly dying and suffering because of inadequate medical and mental health care caused by overcrowding.

Court-appointed experts found that the prison system had a suicide rate that worsened last year to 24 per 100,000 inmates, far exceeding the national average of 16 suicides per 100,000 inmates in state prisons.

Brown had appealed the latest decision of the panel and, separately, asked the U.S. Supreme Court to cancel the early release order while considering his arguments that the state is making significant progress in improving conditions. The high court refused Friday to stop the release but did not rule on the appeal itself. Corrections Secretary Beard said the state would press on with that, so the “merits of the case can be considered without delay.”

Lawyers representing Brown had argued to the high court that releasing 10,000 more inmates would mean letting violent criminals out on the streets and overwhelm the abilities of law enforcement and social services to monitor them.

“No data suggests that a sudden release of inmates with these characteristics can be done safely,” the state said in its filing. “No state has ever done it.” (Malaysia has)

The panel of federal judges has consistently rejected that argument. The judges, prisoners’ lawyers and others say other states have marginally reduced inmate sentences without sparking an increase in crime.

The governor said the state has already transferred thousands of low-level and nonviolent offenders to county jails, but that local officials in turn have been forced into releasing some inmates early to ease their own overcrowding issues.

The Supreme Court’s ruling rejected Brown’s plea over the objections of Justices Samuel Alito, Antonin Scalia and Clarence Thomas, who all said they would have granted the state’s request.

Scalia, in a dissent joined by Thomas, wrote that the previous order by the three-judge panel was a “terrible injunction” that threatens public safety. Scalia said the state’s evidence shows it has made meaningful progress and that such reductions in the inmate population are no longer necessary.

In recent years, the special panel of federal judges accused Brown of attempting to delay and circumvent their orders. They previously threatened to cite the governor for contempt if he did not comply.

The judges waived all state laws in June as they ordered Brown to expand good-time credits leading to early release. They also directed the governor to take other steps, including sending more inmates to firefighting camps, paroling elderly felons, leasing cells at county jails and slowing the return of thousands of inmates now housed in private prisons in other states.

If those steps fail, the judges ordered the state to release by year’s end enough inmates from a list of lower-risk offenders until it reaches the maximum allowed population.

In its latest filing with the Supreme Court, the state argued that no governor has the unilateral authority to take the steps ordered by the three-judge panel. That would require approval by the Legislature or judicial pre-emption of California’s core police powers, the administration argued.

Brown has said the state is spending $2 billion on new or expanded facilities for inmate medical and mental health treatment. That includes seven new centers for mental health treatment and the opening last June of an $839 million prison hospital in Stockton that will treat 1,722 inmates requiring long-term care. The state also has boosted hiring and salaries for all types of medical and mental health professionals.

The state has already reduced the population by 46,000 inmates since 2006.

More than half of the decrease that has occurred so far is due to a two-year-old state law – known as realignment – that is sentencing offenders convicted of crimes considered nonviolent, non-serious and non-sexual to county jails instead of state prisons.

The USA shouldn’t go far to learn about the repercussions of releasing criminals into the streets. They can see the terrible effects Malaysia is currently going through after the 2,600 criminals detained under the Emergency Ordinance Act were released at the end of 2011.

For the months since April 2013 to 3rd August 2013 alone, there were  33 shooting incidents happening across the country already. Imagine if 10,000 inmates running loose in the west coast of USA.

There is a gross lack of empathy from the supreme court judges overseeing the case above. There is a phrase, ‘the law is an ass’; it means, an application of the law that is contrary to common sense.

Here, the judges were more worried about the rights of the criminals in the prisons in California. Their well being, their basic rights as human beings eventhough most of them had committed grievous and heinous crime imaginable. These fools, who were unelected by the people and all of whom are living in secured manors with bodyguards etc couldn’t care less about the  consequences of their actions or directives. On the other hand, Governor Jerry Brown, who were elected into office by the people to safeguard the people’s interests and safety is more than correct in saying that “releasing 10,000 more inmates would mean letting violent criminals out on the streets and overwhelm the abilities of law enforcement and social services to monitor them”.

Even his police chief do not agree with the decisions made by the judges. The solution was simple – build more prisons and improve on the living conditions and reduce the abuses in prisons. Perhaps only then the lawsuits from inmates can be minimised.

The naiveté of these law practitioners are beyond comprehension. Do they really believe that should one of those 10,000 criminals went on and killing an innocent victim months after he was released, it wouldn’t be their fault? Is the life of one innocent human being less valuable than the cost to build more prisons?

Read what the Suaram had to say when they urged the government back in 2011 to repeal the Emergency Ordinance Act:

Repeal Emergency Ordinance: Report

KUALA LUMPUR: The Emergency (Public Order and Crime Prevention) Ordinance (EO) should be repealed and the country should just rely on criminal laws to prosecute criminals, the US-based Human Rights Watch (HRW) said.

“The EO was enacted in 1969 as a temporary measure to respond to the May 13 riots. But for nearly four decades, the government has used the law to detain criminal suspects without trial for lengthy periods as a shortcut when there is insufficient evidence,” said HRW Asia division researcher Sahr Muhammed Ally today.

She was speaking to reporters after launching a 35-page report “Convicted Before Trial: Indefinite Detention Under Malaysia’s Emergency Ordinance”, a result of a one-year research project she conducted.

The report documents how the Malaysian government has detained criminal suspects indefinitely without charge or trial, and subjected them to ill-treatment while in detention at the Simpang Renggam Behavioural Rehabilitation Centre.

It also highlights how detainees are re-arrested upon court-ordered release.

Sahr pointed out that the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police had also recommended for the EO to be abolished because it had outlived its purpose and violates civil liberties.

The Royal Commission had also said the EO was a “lazy way” for the police to lock up suspects without conducting proper investigation.

“However, nothing has been done about it (since then),” she said.

Sahr also called for an investigation into Simpang Renggam’s inhumane and degrading conditions where cells are overcrowded and unhygienic, and food inedible.

Suaram secretariat member S. Arutchelvan said the EO has been abused more than the Internal Security Act (ISA) and the Dangerous Drugs Act (DDA).

He said while there were more than 100 detainees under the ISA as of last year and more than 100 under the DDA as of end of 2004, there were 712 EO detainees as of last year (2005).

Arutchelvan said there were EO detainees who were juveniles, and detainees who have been held for almost eight years.

The EO allows for detention without trial that can be renewed indefinitely every two years, after the first 60 days of detention.

Arutchelvan said the EO can be used against anyone.

“Many who are detained are left wondering why they were detained in the first place,” he said.

He noted that other groups have also called for the EO to be repealed, including Suhakam, the Bar Council and the Parliamentary Caucus on Human Rights.

Also present at the launch was former EO detainee Mohd Samsudin Mohd Ibrahim, who was remanded for a total of 143 days in several lockups in Kedah, Penang and Perak before being re-arrested and detained under the EO for 60 days.

He was later ordered to be in restricted residence for two years in Jerantut for robbery.

“I lost my business and I was cut off from my family,” Mohd Samsudin said.

Sahr and Suaram will be submitting the HRW report to Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Aziz on Monday (Aug 28, 2006) at Parliament.

Was that biased report from Suaram used by the government in deciding how the EO to be repealed? We can easily imagine how that report got its way into the hands of PM Najib’s many consultants and idiotic advisors and then after a couple of hours of discussing among themselves over coffee, they decided to advise the PM that the EO and ISA should indeed be repealed. That would certainly bring more votes for Barisan Nasional in General Elections 2013!

No nationwide research was done BY the government, no in-depth review was consulted from the police, no study were made to analyse the after effects. The only thing they did was – how to write a magnificent speech on the eve of Malaysia Day 2011 to wow the rakyat.

The rakyat was indeed shocked at that time. The opposition were smiling. And fast forward to present time, the rakyat is still shocked by the shortsightedness and by all the blundering mistakes made by this administration. Meanwhile the opposition is laughing so hard, they should not even say anything. The government of Barisan Nasional is tying its own noose without anyone’e help.

‘When the enemy is making a mistake, do not interrupt them’, we would imagine that is what Anwar Ibrahim is currently thinking.

To the clueless consultants and advisors in Prime Minister’s Department, Sri Perdana as well as in Pemandu, the Bar Council and lawyers are not the ones responsible for the safety and security of the rakyat. They are not the stakeholders. If we must tell you who are the real stakeholders for this, then this article is too intelligent for you to comprehend.

Recently, taking a swipe at the EO, they was a lawyer who said (can’t remember which one, or perhaps maybe a junior minister who said it) – ‘the laws in this country is already adequate to capture a criminal. There is no need for a preventive law.’

That person must be high on drugs or maybe just plain imbecilic when he said it. It is not about capturing or punishing a criminal that we are worried about. It is about preventing and reducing crime.

There is no point capturing and putting a criminal in jail AFTER he had committed a crime or worse, he killed someone. Will 20 years jail term bring back the life of someone he has killed?

What if during a robbery, his family member was murdered by that criminal. Will his words – ‘the laws in this country is already adequate to capture a criminal. There is no need for a preventive law,’ bring back his loved ones from the dead?

Prevention of Crime Act won’t solve anything too. First, it caters for crime suspects only in Peninsular Malaysia, and it only provides 28 days remand (not detention) for investigations and conducting an enquiry. After that, if there are no concrete evidence accepted by the magistrate, the criminal will be released to plot and conceive his crime another day. And sometimes, it’s not just the law that acts like an ass, the magistrate and the below par prosecutors can be asses too.

Some people with high position may look smart, but deep inside, they are nothing more than a shady nincompoop, disguising themselves with impeccable English and surrounded by equally idiotic yes-men.

Whatever it may be, prevention is always better when lives are at stake. If there are abuses in the preventive law, you correct them and reinforce it with better check and balance within that law. We do not abandon it just because Suaram said so. Whose interests is this Prime Minister is serving?

In the effort to outdo and hijack the label ‘reformer’ from Anwar Ibrahim, Prime Minister Najib Tun Razak wanted to be a Reformer too. What he had successfully done was unbuckling the rakyat’s safety mechanism just to please a few segments of a larger population.

No wonder the street criminals have much to thank him for.

Since we the people know that the cabinet is running around like a headless chicken, what the PM should do is this – just follow what Seinfeld had advised his friend George Constanza; “if every instinct you have is wrong, then the opposite would have to be right.”

If your advisor and consultants are telling you one thing, just do the complete opposite. That should do the trick. You then will be fine.

Albert Einstein said something to the effect – ‘A problem cannot be solved with the same kind of brains that was used when the problem was first created’. We are paraphrasing of course. But the point we are making is the same…

Since the consultants and advisors gave the wrong advice to create this problem, it’s time to dump all them and get better ones.

Thank you.

#malaysian-judiciary

The stupidity continues..

We read with glee when the Prime Minister said the government will aid cops in improving effectiveness to tackle crime. Ironic because he was the one responsible to create the mess that the police and the public is currently nose-deep in.

PUTRAJAYA- Datuk Seri Najib Tun Razak said today the government is prepared to give the Royal Malaysia Police (PDRM) whatever is needed within reason and affordability to raise the effectiveness of the force in fighting crime, particularly serious crime in the country.

The Prime Minister also expressed concern over a spate of killings using firearms lately, saying it affected public confidence and increased fear with regard to security and serious crime.

In this regard, he said the police must take immediate action to regain public confidence following the developments with regard to security lately.

“It is up to the police to ask from the government what they require in terms of enhancing the capability within reason and within affordability. We will provide the police (with the necessary tools) to fight organised crime and serious crime in the country.

“We are prepared to consider the request and requirements of the police as long as there is a guarantee to safeguard against abuse of power and human rights, he said at a media conference after chairing the National Finance Council Meeting 2013 at the Finance Ministry, here.

For immediate action, Najib said the police would use the existing law to implement whatever possible in the fight against serious crime.

In addition, he said a sub-committee comprising several ministers including the Home Minister and Minister in the Prime Minister’s Department would be set up.

Najib said the sub-committee would discuss with the Attorney-General and Inspector-General of Police to determine additional provisions in the law that could strengthen the police capacity to act.

“This matter can be brought up to the next Parliament session.

“We cannot allow the situation to persist. Immediate and serious action must be taken by the authorities to bring back public peace and confidence,” he said.

The stupidity continues.

The reason why there is a spate of killings in this country is because of the sudden influx of mercenaries and drug lords. Where did they come from? You can bet they came from the 2,600 criminals being released when the Emergency Ordinance Act was repealed back in 2011 together with the ISA.

The reason why ISA and the EO were repealed because the Prime Minister, under the wrong advise given by his consultants, thought that ISA and EO are against human rights, because eventhough it is good for the country, there are bound to be abuse of power.

Therefore, if we repeal the ISO and the EO, we will definitely win more votes as the people will see that the government is having a first world country mentality.

Those were some of the words bandied about by the Prime Minister’s consultants and his myriad of advisers. All these liberals and so-called first worlders have this deluded perception that should the very laws and the social fabric of this country be reformed based at par with other first world democratic countries, the PM will get more votes than his predecessor. Two thirds majority even.

But in actual fact, that wasn’t what the rakyat needs. That is like putting the cart before the horse. You first need to win votes, then reform the country with the huge mandate you are given. Not the other way around. That would be as the malays say – “yang dikejar tak dapat, yang dikendong keciciran”.

What say you advisers and consultants? Busy counting money and driving Aston Martins?

You want the PM to be a reformer? Look what you have gotten the country into. And with an even fewer parliamentary seats.

And back in 2011 when the ISA and EO were repealed on the eve of Malaysia Day, they were repealed without the proper consultation with the police and the public.

If there were consultation, reviews and proper research, there wouldn’t be such lawlessness in this country as the result of that decision. And now, like an after thought, the PM is seen like a buffoon, chastising the police for being weak in combating crime when he himself had clipped their wings.

The only reason why the ill-advised move was made is because the PM was too busy serving the interests of the opposition leaders instead of the interests of the rakyat.

ISA and EO was repealed only due to its probability of being abused for political mileage.

So how do we deal with abuse of power? We punish the abuser! We do not repeal the whole law.

Yes ISA has the perception that it was abused every now and then but did the government do anything to curb the abuse? In the famous debacle involving a journalist being detained under the ISA by Syed Hamid Albar a few years ago, did Syed Hamid goes to court for it? Or at least being subjected to an inquiry? Was he ever penalised about the fiasco? No he did not. Not getting elected as a general election candidate certainly cannot be classified as a punishment.

Similarly, if there are dirty cops, do we disband the whole police force?

The same goes to the law. We do not repeal the law and then made the mess out of it and in the end tries to enact a new one which are similar to the previous one. Isn’t that foolish? Isn’t that stupid?

In the case of the EO, since when do we concerned ourselves with the human rights of drug lords and assassins? So what if these drug lords and gangsters were locked up without trial? Since when is the rakyat’s safety and security stand second to the rights of these criminals?

Is the government that daft? Do you know who are terribly afraid of prevention laws? Yes, the criminals and perhaps some politicians who are actively against it. Maybe they do not have loved ones. Or maybe they do not fear being randomly shot at by drug lords and their henchmen. Or maybe they themselves are up to no good.

This blog has written about the security issues of this country should the ISA be repealed nearly 2 years ago. It can be read here (please re-read it).

Given the severity of the issue and also the changing world environment we are living in, the abolishment of such laws will have a direct and quick impact on the citizens.

….

… the continuity of our nation’s peace and stability is paramount no matter what is at stake and as the US had shown us, even human rights to freedom has to take a backseat when dealing with dangerous elements within the country.

It is hoped that Malaysia will safely chart its course based on the same wisdom and the same experience that had made it relatively one of the most peaceful and successful country ever existed today.

And now yet another stupidity is about to happen. The repeal of Sedition Act. And in its place, the National Harmony Act or whatever.

PUTRAJAYA: The government’s power in dealing with any actions threatening national unity and harmony will not be affected by the decision to abolish the Sedition Act and replacing it with the National Harmony Act.

Prime Minister Datuk Seri Najib Razak said the new act would be guided by three key principles to deal with actions that could incite hatred and insult any institutions and existing provisions under the Constitution.

“(Firstly,) the new act will address any action that can incite hatred and raise disloyalty towards the Yang di-Pertuan Agong or any ruler,” he said after chairing the 10th Northern Corridor Implementation Authority (NCIA) council meeting and witnessing the signing and exchanging of four memorandums of agreements on developmental projects in the northern corridor worth RM1.96 billion.

Najib said, secondly, the new act would address actions to spread malicious intent and create racial tension among the different segments of the population in the country.

“Thirdly, it will deal with any attempts to question matters involving the rights, status, special privileges, sovereignty or fixed prerogative as stipulated and protected under the Federal Constitution or Articles 151, 153 and 181 of the Federal Constitution.

Referring to sex bloggers Alvin Tan Jye Yee and his Singaporean girlfriend, Vivian Lee, Najib said the young couple’s rude and disrespectful act towards Islam showed that abusing the freedom of voice and opinion could harm society.

“Although the government would like to guarantee the freedom of speech, it cannot be abused to the extent that it can harm national unity.”

The controversial couple had incurred the wrath of Malaysians over their Facebook posting of a picture of them eating bak kut teh with the caption “Selamat berbuka puasa” on Facebook.

The picture had a halal logo and the words “wangi, enak, menyelerakan” (fragrant, delicious and appetising) were used to describe the herbal pork dish.

It was reported yesterday that the couple could be charged under the Sedition Act 1948.

Najib yesterday also reiterated the government’s firm stand against attempts to incite hatred and stir racial discord. He said the nation’s main pillars of national unity and harmony could crumble if the government was not firm in dealing with actions threatening them.

“We must be firm on this. There cannot be absolute freedom at the expense of national interest and harmony. I have always stressed the principle of freedom with responsibility. The government’s position on this is clear and we will maintain and uphold the principle,” Najib said, stressing that the people must be sensitive to differences in religions and cultures.

Najib also said the government would look into views asking for a new law similar to the repealed Emergency Ordinance 1969.

He said the relevant stakeholders would be involved in the discussion including the police and the Attorney-General’s Chambers on this proposal.

“We can get the views of Suhakam and even from the Bar Council.”

On whether the government would be seen as back-tracking should it come up with an act similar to the Emergency Ordinance, Najib said it should not be viewed as such.

“It is not back-tracking. We want to ensure that the fight against crime will be effective.

“At the same time, we must strike a balance to protect the rights of individuals and the interests of society by ensuring there is no abuse of power.

Home Minister Datuk Seri Dr Ahmad Zahid Hamidi had earlier this month said he was discussing with Attorney-General Tan Sri Abdul Gani Patail the draft of a new law following the repeal of the Emergency Ordinance.

Concerns were raised after it was revealed that many of the more than 2,600 detainees released from the Simpang Renggam detention centre after the Emergency Ordinance was repealed had returned to a life of crime.

There you go again, that word – ‘abuse of power’. Just because there could be abuse of power, the Prime Minister wants to repeal Sedition Act and replace it with an act so similar it could just be its clone. But of course, since the the lawmakers have nothing better to do, why not waste precious time debating about the same act in Parliament and waste further money and resources to pass it as a new law.

All this is beyond stupidity. Why is the Prime Minister too busy thinking about the human rights of the perpetrators and evil doers? Will this get him more votes? We are laughing as we are writing this. Yes, please seek more advice from the Bar Council. They are the best in defending the human rights of criminals.

Now let us look of what could happen to the new ‘ Sedition Act’.

Let us look at the Peaceful Assembly Act the government had triumphantly gazetted in 2012. This act replaces some of the provisions of the Police Act.

vdbf

Para 3 – No jail term. Only penalty up to RM20,000

Penalty of up to RM20,000 is the maximum punishment for anyone who had broken the Peaceful Assembly Act above. There is no jail term. If the magistrate says – “You are sentenced to RM3,000 fine”, then Anwar Ibrahim would just have to ask the contractors from Penang to pay the fine on behalf of his rioting supporters.

This kind of act has lost its tooth. People are not afraid of paying fines. They are more afraid of being sent to jail. While the police act provided some jail term as one of its punishments, this new act has none.

The same fate could fall to the National Harmony Act when it is being debated by the opposition in Parliament. Opposition will surely fight for a no jail term clause. And since the Prime Minister will bend over backwards to please the interests of the Opposition leaders, this will definitely happen.

Advisers and consultants are nice to have if they know what they are doing. Being liberal and progressive is fine; but if you do not know the head and tail of an issue, please do not give the wrong advice. This is because the person is probably no longer capable of thinking straight.

#malaysian-judiciary

The spin that’ll sink Malaysian Insider

After the debacle Malaysian Insider went through in twisting Marina Mahathir’s and Bridget Welsh words, and after being chastised by both ladies for practising atrocious journalistic behaviour, the Insider were at it again with their pro opposition agenda of misinforming the general public.

An article by Bernama was published in Malaysian Insider as below. Please take note of the headline:

French official says Scorpene probe not at trial stage yet

KUALA LUMPUR, Oct 8 — A prominent French government prosecutor has denied reports circulating among some Malaysian online news portals of an ongoing trial in France, on allegations of corruption by a French company over the purchase of two French-made Scorpene submarines by Malaysia in 2002.

Yves Charpenel said the media in Malaysia should be able to distinguish between rumours and facts, and between investigations and a trial.

“I am aware about all the fuss kicked up by certain media (organisations) in Malaysia over this matter but what I can say is that this is nothing more than a trial by the media,” he told Bernama here today.

Charpenel, who was a former head of prosecution in France and now a state prosecutor and an executive member of the International Association of Anti-Corruption Authorities (IAACA), was here to attend the four-day IAACA conference and general meeting which ended yesterday.

Following a complaint filed in 2009 by Suara Rakyat Malaysia (SUARAM), a Malaysian human rights non-governmental organisation (NGO), that a French company had allegedly paid bribes to a Malaysian firm for the submarine deal, he revealed that two independent “investigating judges” started their investigations earlier this year.

Charpenel said that in France, as in other countries practising the rule of law, all investigations were done in absolute secret.

He said it was anybody’s right to file a complaint and due to the secret nature of the investigations, some resorted to complaining to the media.

He explained that for specific cases in France, the Justice Ministry would ask an independent judge, called an “investigating judge”, to investigate.

“He is just an investigator. This is an old system that started from the Napolean era. If the investigating judge wants someone to come to Malaysia, he has to ask from your government because we have what is called the Treaty of Mutual Legal Assistance. And the Malaysian government can say ‘yes’ or ‘no’. It has to be decided by the Malaysian authorities.

“A French investigating judge cannot take his luggage, take a plane and go to Malaysia and ask someone to answer his questions. It is impossible, it is against the French law and it is also against international law,” stressed Charpenel.

He pointed out that in France, as elsewhere, the course of justice would not be dictated by the media.

As he put it, “In France, the time of justice is different from the time in media. Of course, the media needs data, information, news. It’s natural but the investigation is quite different. This is exactly the same, whether in France or in Malaysia.

“And, it has to be secret. We are now in the first step, maybe, we got another step, maybe not, and it is quite early to say more.”

Asked about media reports that French lawyers representing SUARAM in the suit would be coming to Malaysia to brief their clients, Charpenel said any lawyer from any country was free to do so because he was paid by his clients.

“He can speak freely to the press, that’s freedom or human rights. But he is not a prosecutor. He is not an investigating judge. He is not an official.”

In April this year, local opposition politicians here had even called for Malaysian officials to testify in Paris or risk being ostracised in the European Union.

“A trial is a trial with all the rules. Investigation is another thing,” said Charpenel of the misinformation generated by certain news portals over allegations that a trial was already underway.

Defence Minister Datuk Seri Dr Ahmad Zahid Hamidi also said over the weekend that the Auditor-General had declared the Scorpene deal was done in accordance with legal procedures. — Bernama

Note that the original title of the Bernama report was :

“NO TRIAL IN FRANCE OVER SCORPENE, SAYS LEADING FRENCH PROSECUTOR”

Screenshot of the original article in Bernama.

If read carefully, the french official was not even certain if there would even be a trial even after the investigating judge being appointed. The change of the original headline in its entirety and the inappropriate use of the word ‘yet’ in this context is misleading. See the difference between the two headlines?

In fact, the french official stressed that the media should discern between what are rumours and what are facts.

Hence Malaysian Insider should not delve in rumour mongering even further by giving slanted headlines just to satisfy their pro opposition agenda. By saying that a trial may yet happened, the editorial desk of Malaysian Insider is jumping the gun way ahead than what the french official had officially reported to have said. And to further, erode their news credibility, Malaysian Insider basically had changed the gist of the news reported by Bernama unnecessarily.

First rule of news reporting, never put words from the source’s mouth. That’s what put them into trouble with Marina and Bridget in the first place.

The very act of twisting the headline exposed The Malaysian Insider’s desperate act of pacifying Pakatan Rakyat’s rabid supporters. God forbid if their version of the Scorpene story could not be sold to the public.

The french government official also reiterated that any french lawyers that chose to go to Malaysia to brief their clients can freely go as they are paid by their clients.

He was saying this as the news of SUARAM getting french lawyers to give briefing on the Scorpene trial in our Parliament are being published for the past few days. It seems that all this while SUARAM has been feeding lies to the Malaysian public regarding this Scorpene deal and had paid these lawyers to assist them.

With this explanation from the French’s government official, it is more incumbent upon Suaram and also Anwar Ibrahim to explain themselves on why are they purposely and very determined to spread lies to the public?

With The Malaysian Insider and its ilk, together with the news that MalaysiaKini and Suaram are getting funds from foreign agents to bring down the government though unethical means, there is no doubt that the opposition and their foreign friends are getting frenzied and eager to grab power from the current government.

Importantly, we the Malaysian public should be smart enough to differentiate between lies spread by the opposition and their tools as well. They will try to mislead us on daily basis, hiding behind their favourite mantra of “we are independent news portal“, in order just to manufacture a negative public perception towards their enemies.

Malaysians need to be more aware than ever. Your misperception, is their survival.

#reference, #sour-grapes