Archive for June, 2013

30
Jun
13

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.

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

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30
Jun
13

Death in custody – Too much to ask?

Too much to ask?

Opinion

‘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.

…more
Too much to ask?
Jun 18, 2013 – fz.com

30
Jun
13

The election ink stain

Election ink stain
(courtesy: Zunar)

29
Jun
13

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.

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

29
Jun
13

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).

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

28
Jun
13

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.

…more
The Case for Electoral Reforms
24 June 2013 – Sakmongkol

28
Jun
13

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.

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




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How the 1MDB Scandal Spread Across the World (WSJ)
We cannot afford ridiculously expensive RM55 Billion ECRL!
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?

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