Archive for June, 2013


IGP found liable for covering up Kugan’s murder, misfeasance in public office

DISGRACE: IGP found liable for covering up Kugan’s murder, misfeasance in public office

VIDEO INSERTED The mother of Kugan Ananthan, a 22-year-old car theft suspect who brutally beaten to death his police interrogators, has won a landmark case against the government and the Inspector General of Police Khalid Abu Bakar.

In delivering judgement against the government, Khalid and two other police officers, High Court judge VT Singham minced no words, condemning the IGP and the government for failing to ensure Kugan’s safety.

The judge also found Khalid guilty of trying to cover the cause of Kugan’s death while lauding N Surendran, a human rights lawyer who had fought for a second post-mortem be carried out.

“The court has found all defendants liable as per our claim. The court found that Kugan died as a result of the assault and battery and detained inflicted while trying to extract a confession,” Latheefa Koya, the lawyer for Kugan’s family, told reporters outside the courtroom.

“It also found he was detained unlawfully. The first defendant and third defendant (Khalid and OCPD Zainal Rashid Abu Bakar) are found liable for covering up the incident and also found liable for misfeasance in public office. As for the second defendant (V Navindran), the judge actually referred to all the police witnesses and he found them to be unreliable and their stories untenable and they could be liable.”

‘Itu anak saya’

Kugan’s mother, N Indra, was awarded RM801,000 in damages with interest at 5% running from the time the suit was filed. However, family members were not celebrating but downcast instead.

DISGRACE: IGP found liable for covering up Kugan’s murder, misfeasance in public office
26 June 2013 – Malaysia Chronicle


Death in custody – Too much to ask?

Too much to ask?


‘My Take’ by Malik Imtiaz Sarwar

IN LATE May this year, Utah authorities arrested six individuals for the torture of their roommate, Thomas Chapman. They are alleged to have handcuffed him, repeatedly assaulted him with boards and sticks, kicked him repeatedly in the ribs and the head, and stapled his ears, chest and lips, all while he was being held at gunpoint. His assailants believed that Chapman had set one of them up earlier in the month.

Chapman was fortunate enough to have survived his ordeal. He was released and was able to go to the police with his story. Reports suggest that the six assailants have since been charged with, among other things, aggravated assault, an understated description of torture.

His assailants were clearly sick in the head, and some might say, psychopathic.

At about the same time in Malaysia, one N Dhamendran was being tortured in a strikingly similar way. He too was handcuffed, brutally assaulted (from what I have read in the media reports, the nature of injuries suggest he was struck repeatedly with an implement like a rotan), repeatedly kicked and punched, and had his ankles and ears stapled, among other things.

There is no disputing that he was tortured in the most horrific way. Lawyer and Member of Parliament N Surendran disclosed at a press conference that based on his reading of relevant medical reports, there were 52 significant injuries.

Dhamendran, however, did not live to tell his tale. He died while in police custody. His alleged assailants were police officers, three of who have since been charged with murder. The fourth appears to be on the run.

And for all the outrage being expressed over the death, which I share, the sad truth is that Dhamendran was just one of a series of persons to have died in custody. In the 11-day span from the date of Dhamendran’s death, two other detainees, R James Ramesh and P Karuna Nithi, died in police custody.

Going back in time, there have been a number of other controversial deaths, with the names Kugan, Gunasegaran and Francis Udayappan coming to mind.

The Tun Dzaiddin Commission Report of 2005 recognised an alarming number of such deaths as well as a propensity towards brutality on the part of the police, factors that in the mind of the commission warranted the establishment of an independent oversight mechanism.

Too much to ask?
Jun 18, 2013 –


The election ink stain

Election ink stain
(courtesy: Zunar)


Dr M pushing Mukhriz for Umno VP post

INTERVIEW Former prime minister Dr Mahathir Mohamad is pushing for his son, Mukhriz Mahathir, to be among the new Umno vice-presidents in the party polls, and this may force out one of the incumbent VPs, Ahmad Zahid Hamidi, a DAP MP has opined.

DAP’s Kluang MP Liew Chin Tong told Malaysiakini in an interview that this is because Zahid has never “been in the good books” of the former premier.

“It’s quite clear that Mahathir wants Mukhriz (left) to contest as a vice-president, which means one of the current vice-presidents will lose,” he said, pointing at Zahid as being the possible victim.

Zahid had previously in 1998 spoken out against Mahathir, calling for an end to cronyism and nepotism, and was subsequently detained under the now-abolished Internal Security Act.

The other Umno vice-presidents are Shafie Apdal, who is from Sabah, and Hishammuddin Hussein, who is Prime Minister Najib Abdul Razak’s cousin and also the son of third prime minister Hussein Onn.

However, Liew said it is “too early” to determine how the Umno polls will pan out unless the party decides not to allow contests for the vice-presidency posts as well.

Currently, several top Umno leaders have mooted the idea of not allowing a contest for the president and deputy president’s post in Umno in order to consolidate the party after the recent election, with Mahathir being one of those who has supported the idea.

‘Last chance for Muhyiddin’

This, Liew said, is because it is the “last chance” for Deputy Prime Minister Muhyiddin Yassin to become the party president and subsequently the prime minister.

“If he doesn’t challenge (Prime Minister Najib Abdul Razak) now, then he is on his way out,” he said.

He said that senior vice-presidents such as Zahid, who is the home minister, and also Hishammuddin, currently the defence minister, would be looking to further their political careers by aiming for the deputy prime minister’s post, thus threatening Muhyiddin’s post if he does not challenge for the top post in the party.

However, Liew (left) claimed that Mahathir might not have the confidence that Muhyiddin would garner enough support from within Umno to win the president’s post, and that is why the Mahathir himself had supported the no-contest motion.

DAP MP: Dr M pushing Mukhriz for Umno VP post
Ram Anand
Jun 25, 2013 – Malaysiakini


Problem with polls petitions is not law, but judges

COMMENT Ever since Pakatan Rakyat declared its intention to challenge the results of the 13th General Election (GE 13)- by far the dirtiest in history – there has been a deluge of pessimism by lawyers over the chances of success of such legal challenges.

The reasons for such pessimism range from the historical low rate of success of election petitions (vast majority being struck off before reaching hearing stage) to the high standard of proof demanded by our election laws.

While the former reason is true, the latter reason is not.

Contrary to popular legal opinion, it is easy to annul a dubious election under our election laws.

This is because our Election Offences Act 1954 (The Act) casts a wide dragnet over election offenders, and the provisions for punishment are easy to apply.

In other words, an election offender is unlikely to escape the arms of the law in the normal course of court proceeding where the letter and spirit of law is upheld.

There is no reason why an election petition armed with adequate evidence should be rejected.

The provision for annulling an election on election petition is spelled out in Section 32 of the Act, which states:

“The election of a candidate at any election shall be declared to be void on an election petition on any of the followings only which may be proved to the satisfaction of the Election Judge:

(a) That general bribery, general treating or general intimidation have so extensively prevailed that they may be reasonably supposed to have affected the result of the election.

(b) non-compliance with any written law relating to the conduct of any election if it appears that the election is not conducted in accordance with the principles laid down in such written law and that such non-compliance affected the result of the election.

(c) That a corrupt practice or illegal practice was committed in connection with the election by the candidate or with his knowledge or consent, or by any agent of the candidate.

(d) ……….”

(There are 5 sub-sections under Section 32).

Problem with polls petitions is not law, but judges
Kim Quek
Jun 15, 2013 – Malaysiakini


The Case for Electoral Reforms

One of the most important objectives of the Black 505 Rally that took place on the 22 of June (622) was to ask for the resignation of the chiefs of SPR. It stands accused of impartiality, perpetuating and abetting electoral fraud, refusing to clean the electoral rolls and acting hapless when called upon to act on the massive discrepancies in electoral registers. The Chairman and the Deputy of the EC stood out as exemplars of Little Stalins impervious to demands for the EC to facilitate democracy not to hinder and suffocate it.

Never in the history of Malaysia, has the SPR been overtly political. The two people helming SPR are seen to be the most politically proactive. Their political adventures and frolics lead people to justifiably conclude that the SPR is but another satellite of the BN. it is a tool serving the interests of the BN government. It therefore stands of the side of the Oppressor.

Our SPR has complete lost its credibility and integrity as an independent commission answerable to The Agong. Does the Agong countenance fraud and partiality of the SPR? The SPR must not only actually behave with extreme impartiality, but it must also be seen to behave as such.

With the SPR unmoved and bull-headed, we are going to be far way yet from radical electoral reforms- that is, if we are thinking about asking the present government to adopt proportional representation or something like that. The SPR has positioned itself as an utterly unreasonable umpire; declining to direct itself to address the issues that are wholly under its responsibility. (1) Clean the electoral rolls (2) perform its duties honestly and with integrity (3) justify itself as an instrument facilitating democracy.

The Case for Electoral Reforms
24 June 2013 – Sakmongkol


Re-writing our history won’t help to wash off your wrongdoings, Dr Mahathir!

The Malaysian history written today is biased especially the details in the struggle for independence and the achievements of the past Malaysian leaders.

This fits UMNO just fine but still it was inherited from the British, thus our written history has not painted the British as bad either. Nothing much was written on the Japanese Occupation and the real hardships faced by our people during that time.

Our historians are more interested in just writing our history in the form of diaries with chronology of the events without any analysis or points for us to ponder. That is why we never learned from history. A proper history should be holistic and not selective.

History of Malaysia or the UMNO book of fairy tales?

But everything written on UMNO has been rosy in our history books; UMNO has achieved so many things and has never failed us! So actually, from the UMNO point of view, there really is no need to re-write our history as suggested by former Umno president and ex-premier Mahathir Mohamad.

UMNO is already whiter than white. But perhaps the Machiavellian Mahathir is thinking of blackening the part of our history that relates to other people and other parties that are non-UMNO related.

Of course, there is also the possibility that he wants to ‘improve’ the image of UMNO even further and put his party on a pedestal, with Mahathir – the founder of UMNO Baru – right at the top.

But that would be outrageous and outright repulsive for the majority of us; making it hard for the 51% who voted for the Opposition to swallow.

The new history would just be like a fairy tale fit to be read and memorised only by small children. But in a few years, these children will grow up and with the Internet, and all the information at their finger tips, they too will find the new history repulsive.

Re-writing our history won’t help to wash off your wrongdoings, Dr Mahathir!
Written by Nawawi Mohamad
20 June 2013 – Malaysia Chronicle


Unbelieveable! Incredible! Not indelible! Edible!

YOURSAY ‘Unbelieveable! Incredible! Not indelible! Edible! Indictable? Irresponsible, undependable EC?’

No chemicals, only food colouring in EC’s ink

Cala: Malaysia has been reduced to the level of an African state. Another fiasco, another miss-step and another scandal – the indelible ink.

I am not sure whether I should laugh or to cry at Minister in the Prime Minister’s Department Shahidan Kassim’s statement admitting that the indelible ink used in the recent general election was sub-standard. The content of the ink was not what the Election Commission heads had wanted us to believe.

What is the conclusion arising from this episode? That Malaysian bureaucrats are little different from the mentality of its poor African counterpart, where the latter is characterised by weak institutions, inefficient civil service, and incapable of deliver development results.

Quigonbond: Shahidan’s reply begs more questions. Is he confirming that despite it being food colouring, the EC tested it and it worked the way it is supposed to, i.e. the food colouring is expected to last for two days? Then why was it so easy to wash off?

Why did EC chief Abdul Aziz Mohd Yusof blow hot and cold over its silver nitrate content? This answer is calculated to jive with EC’s latest accusation that they had been sabotaged.

On top of that, Shahidan seemed to imply that there was only a problem because people deliberately try to wash the ink off. I’m simply aghast – did he expect that deliberately organised repeat voters will leave the ink on their fingers?

Even the procurement exercise smells like a typical Umno deal, where even the bottles have to be specially designed. Why the need to specially design the bottles? Do Malaysians have ET (extra-terrestrial) fingers?

Malaysians, it is obvious by now that we’ve been had. It would be natural to feel very angry right about now.

Malaysian Born: The indelible ink debacle is a clear case of incompetence of the highest order. The officers of the EC involved should be held accountable, I am not sure about criminal intent but they are accountable for all the money wasted in this case.

Beyond that, they are accountable to the people of Malaysia for their total incompetence in this matter.

Lone_star: Unbelieveable! Incredible! Not indelible! Edible! Indictable? Irresponsible, undependable EC?

FairGame: Seriously? Edible food colouring? Seriously, there is a very strong element of corruption involved, especially with the EC.

No wonder they are steadfast in not resigning, possibly due to time needed to cover their tracks, or they have not receive their ‘paybacks’ yet.

Anonymous #79199503: Wow, the food colouring cost almost RM7 million. It is more than finger licking good, the rakyat are once again properly screwed.

FellowMalaysian: It just can’t be through sheer coincidence that like-minded people gyrate towards one another.

With the likes of Abdul Aziz Mohd Yusof and Wan Ahmad Wan Omar heading the EC, we would have thought that the EC has one too many obsequious pea-heads helming the commission.

Now another equally whimsical character called Shahidan Kassim has joined the fray. Having Shahidan as its minister makes EC the butt of farcical jokes.

Yap Cs: So the ‘indelible’ ink is concocted by a crony out of food colouring so that some can voted multiple times using instant identity cards (ICs); plus the crony gets a multi-million payout for this ink. Indeed, corruption and cheating now has reached new heights.

BlueG: RM6.9 million was not a big amount. However, the dirty election was a huge cost to the nation and our people.

KnockKnock: Shahidan, I wonder why must your gang pick you to deliver the reply, or that your job as a minister is only to read and you do not need to even know the contents? Pity you.

This joke of the day will be ‘indelible’ for a long, long time.

AB Sulaiman: Or, maybe, someone had confused ‘indelible’ with ‘edible’ when giving the ink’s specifications to the supplier. Just a thought.

Peacemaker: Now that it’s confirmed the EC chief is a liar, what more is he waiting for? Is he without shame, pride or dignity or does he subscribe to the BN ethos that unless kicked out, he has done nothing wrong.

Lying to 10 million voters is quite a feat considering there are quite a few bright fellows among us. Food dye huh? No wonder he dared not send it for testing to Health Ministry.

Geronimo: Indeed, why don’t the top two EC clowns resign and save themselves from further embarrassment.

So EC’s ink is finger lickin’ good
Jun 27, 2013 – Malaysiakini


The horrifying ink fiasco

No chemicals, only food colouring in EC’s ink

The Election Commission (EC) has said that there were “no chemicals” in its indelible ink that was used for the 13th general election.

In a parliamentary written answer to Lim Lip Eng (DAP-Segambut) today, Minister in the Prime Minister’s Department Shahidan Kassim said that all the chemicals in the ink were replaced by food colouring.

“No chemicals were used in the ink, they were instead replaced with food colouring ingredients which were approved,” the short answer read to a question as to why the ink did not last seven days as initially promised.

“The durability of the ink is subject to the efforts taken to wipe off the ink by individuals,” the reply said.

It also said that a test conducted on EC officials and media personnel on May 2 “proved” that the ink worked the way it was supposed to.

The EC has previously said that silver nitrate was used in the ink and was supposed to last seven days.

However, many individuals have complained of being able to easily wash off the indelible ink within hours of being applied.

Lim later laughed at the parliamentary reply in his Twitter account, noting that the indelible ink was now “edible” based on the reply.

One netizen who was bemused by the reply later tweeted in response, cheekily asking if the ink was “finger licking good”.

No chemicals, only food colouring in EC’s ink
Ram Anand
Jun 26, 2013 – Malaysiakini


EC’s ink story horrifies Ambiga, she calls for an inquiry

“I am horrified and shocked by this.” This was the reaction of Bersih co-chair Datuk Ambiga Sreenevasan when asked to comment on the latest furore in Parliament today after it was revealed that food colouring had been used instead of chemicals in the indelible ink used to mark voters’ fingers in the May 5 polls.

Minister in the Prime Minister’s Department Datuk Seri Shahidan Kassim, in his reply to Segambut Member of Parliament Lim Lip Eng, admitted that the ink was not what it was supposed to be.

His statement was in stark contrast with the Election Commission’s claim that it used silver nitrate in the ink. He also said that the absence of the chemical was the reason the ink was easily washed off.

Ambiga said the EC’s story on the ink kept changing and called for an independent investigation into the election body.

“And did we pay RM7 million of taxpayers’ money for food colouring? We need go get to the bottom of this. This revelation underscores Bersih’s view that the EC leadership should resign,” she added.

Shahidan had also said that the expiry date of the indelible ink was four months from the date it was issued but blamed voters for purposely trying to wash off the ink as the reason why it was not permanent. “How long the ink remains depends on the individual and the efforts put in to wash it off.”

In a written response, Shahidan also told Parliament that RM6.9 million had been spent on the ink, and an additional RM200,000 spent on transportation, packaging and storage, bringing the total expenditure to RM7.1 million.

Following the outcry after the polls, EC chairman Tan Sri Abdul Aziz Mohd Yusof had also announced the formation of a special task force to investigate the reasons why the ink could be easily washed off. – June 26, 2013.

EC’s ink story horrifies Ambiga, she calls for an inquiry
By Jennifer Gomez
June 26, 2013 – TMI


The EC is playing God

We have heard the same trite comments before: “We’re clean. We’re not guilty. It wasn’t us.”

Umno Baru’s most sanctimonious hypocrite, Election Commission (EC) chairperson Abdul Aziz Mohd Yusof, has denied claims of cheating.

Abdul Aziz expressed sadness that the indelible ink used in GE13 could easily be washed off and in an interview with the Malay daily Sinar Harian said, “If people ask me now, what is the saddest thing in my life, I would answer: ‘Indelible ink’.”

The indelible ink had been tested before use and he said, “On the much-awaited day, the power of Allah is greater when the ink could disappear after being washed several times. Where is the mistake?”

He ignored allegations of gerrymandering, the use of money and citizenship as inducements given to illegal immigrants to vote for BN, the violent attacks on Pakatan workers, the extra ballot boxes, the spoilt votes, the blackouts, as well as the plane and busloads of foreigners transported to the peninsula to vote for BN. In other words, the EC conspired with BN to cheat in GE13.

Abdul Aziz said that the ink had been tested, but then blamed the failure of the ink on “the power of Allah”.

He had sanctioned the use of doctored ink, and by saying Allah was responsible – when it was him who authorised its use – it means that he is playing God. By Abdul Aziz’s will, there was massive cheating in the election process, which allowed Umno Baru to “win the election”. By claiming that it was “the power of Allah” that allowed Umno Baru to win the election, Abdul Aziz is effectively saying that he is Allah.

This blasphemy will not endear him to the rural Malays and may mean that he will have to be sacrificed, to save the party.

Indelible ink and the EC are not compatible. Three general elections ago, in 2004, the National Fatwa Council decided that the ink would prevent Muslims from performing their prayers. In GE12 (2008), the EC said that there were national security issues and claims of sabotage. In 2013, the lies ranged from EC workers feebly shaking the bottles to a full-blown health scare.

Who is the manufacturer of this ink? Have they sold us defective ink? Should we demand a refund? Why is the manufacturer not defending his product? Does he not want a repeat sale? Hasn’t his reputation been irreparably tarnished? To what standard was this ink tested?

Abdul Aziz said that a task force would investigate the ink’s recipe, the way it was used, its transportation and whether the hot air in the lock-up where the ink was stored, had caused a degradation of the ink.

The only ‘hot air’ comes from the EC chairperson, who should not waste any more of the taxpayers’ money. The only thing left is for the senior management of the EC to resign en-masse, to restore the credibility of the EC before GE14. They have severely dented the confidence of the rakyat in Malaysian democracy. If they will not go willingly, they must be sacked.

The EC is playing God
Mariam Mokhtar
Jun 24, 2013 – Malaysiakini


Hands off the government, Dr M told

The country’s most outspoken former prime minister has been urged to stop meddling into the affairs of the current government after he called on prime minister Najib Razak to get tougher action with the opposition.

Dr Mahathir Mohamad, said PAS deputy president Mohamad Sabu, was someone living in a time capsule.

“Oppression and cruelty (during Mahathir’s time) are no longer applicable now. Mahathir is out-dated. He has retired. Just sit down quietly. People of his time like Gaddafi, Mubarak and Suharto were already in a different world,” Mat Sabu said, referring to famous dictators during Mahathir’s rule.

Mat Sabu named the Operasi Lalang of 1987 and the Kampung Memali bloodshed of 1985, attributing them to Mahathir’s list of ‘cruelties’.

He said by advising Najib, Mahathir wanted the former to emulate his dictatorial style in dealing with dissent.

“People now are smarter and more informed thanks to the internet. So if the governance is oppressive, they would not accept it, in fact the people would rise against it because they are no longer afraid to demand their rights,” he added.

Meanwhile, PKR vice president Fuziah Salleh said Mahathir’s latest call only revealed his inner fear.

“His comment exposes his deep worry that UMNO government might just fall… He should learn to let go, whatever he had done, whether it is right or wrong, it no longer can be repeated like when he was the prime minister,” said the Kuantan member of parliament.

DAP chairman Karpal Singh on the other hand said Mahathir should instead emulate other former prime ministers by not meddling with government affairs.

“They never did anything to influence the present government,” he said.

– Harakah Daily

Hands off the government, Dr M told
19 June 2013 – Malaysia Chronicle

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All that is necessary
for the triumph of evil
is for good men
to do nothing.

- Edmund Burke
When the people
fears their government,
there is TYRANNY;
when the government
fears the people,
there is LIBERTY.

- Thomas Jefferson
Do you hear the people sing?