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Bar: Govt should apologise to Teohs family

Rejecting the royal commission of inquiry (RCI) findings that DAP political aide Teoh Beng Hock had committed suicide, the Bar Council says the government and Malaysian Anti-Corruption Commission (MACC) should apologise to Teohs family and compensate them for the loss.

The Malaysian Bar also calls on the government of Malaysia and MACC to consider offering an unqualified written apology to Teoh Beng Hocks family, and to the citizens of Malaysia, for his death, said Bar Council president Lim Chee Wee (belowleft).

He also urged the government provide reasonable compensation to Teohs family for his death.

NONELim said that the authorities should investigate the relevant MACC officers for possible offences under sections 304 and 304A of the Penal Code, namely for culpable homicide not amounting to murder, and for causing Teohs death through negligence, respectively.

It is very clear to the Malaysian Bar that full responsibility for Teoh Beng Hocks death lies squarely and solely on the MACC, and that immediate action must be taken to hold the culpable officers accountable for their behaviour, he added.

In a statement today, Lim said the RCIs finding is unsupported by the facts and the evidence of the case.

He also pointed out that contrary to the statement made by Minister in Prime Ministers Department Mohd Nazri Aziz during the release of the RCI report, forensic psychiatrist Paul Edward Mullen had not testified that Teoh had a weak character that had led him to suicide.

No conclusion of weak character

Mullen also did not conclude that Teoh had committed suicide; rather, his testimony stated that in [his] opinion, what we learned of Teohs personality and behaviour do not suggest any increased risk of suicide.

NONEHe further opined that the context of the events that had taken place was not one which, in [his] experience, leads to suicide in custody, as he had not been made aware of anything to explain panic and distress sufficient to drive (Teoh) to conclude his honour had been irreparably tarnished, said Lim.

He also pointed out that Mullens testimony does not provide the basis for the RCIs finding of suicide, such as that described in the section titled Conclusion on forensic psychiatric aspects in the RCIs report.

In that section, the RCI stated that Teoh experienced a change in his state of mind. And in a matter of hours, this change transformed him from being in the low-risk group for suicide into the high-risk group.

Lim said that Nazri had made the same statement at the reports launch, that Teoh had truly committed suicide based on his character that had changed from a low-risk group to a high-risk group for suicide after undergoing a continuous and aggressive questioning session.

Suicide a leap in logic

The Malaysian Bar, whose lawyers had assisted throughout the inquiry, also noted that the joint expert psychiatric report of Dr Badiah Yahya and Dr Nor Hayati Ali had stated that there was a lack of information to determine Teohs state of mind.

NONEThe report read: We did not have any evidence on how the investigation was conducted as there were no written questions posted to (Teoh) or audio recording as to ascertain the amount of pressure he experienced.

It is not known whether he had experienced in his mind the effects of being possibly prosecuted on the allegations, whether it would have been devastating for him and/or his organisation. This should require more information on what was said and done in the period taken! [sic] i nto custody until he was found dead.

Both the experts from Health Ministry were engaged by MACC and present during most of the court proceedings and had interviewed Teohs family members, housemate and work colleagues.

The Bar Council noted that the RCI found the following:

  • That the time of death had been between 7.15am and 11.15am on July 16, 2009;
  • That Teoh had not been released at 3.30am and been left alone sitting on a sofa after his statement had been recorded, as the then Selangor MACC deputy director Hishamuddin Hashim had issued a written circular the previous month that witnesses and visitors in the Selangor MACC office should be accompanied at all times;
  • That Teoh had been subjected to a fourth interrogation session after 3.30am by Hishamuddin and his officers, which was aggressive and relentless. In addition, the RCI rejected the evidence of MACC officer Raymond Nion that he had seen Teoh Beng Hock lying down unattended on a sofa at approximately 6am;
  • That the fourth interrogation session was probably between 3.30am and 7am;
  • That the window from which Teoh Beng Hock is said to have fallen out was located conspicuously; and,
  • There was no evidence whatsoever produced at the RCI hearing of Teohs whereabouts or movements after 6.15am, and the staff of the Selangor MACC office would have begun arriving by 8.am.

Therefore, to surmise that Teoh had committed suicide between 7.15am and 11.15am, said Lim, requires a leap in logic and an assumption of facts not in evidence.

Despite the disagreement, there are a number of key points on which the Bar Council concurred with the RCI report:

  • NONEThat the RCI was unable to accept that the alleged suicide note had been written by Teoh, and that the undue delay by the authorities in tendering th! e allege d suicide note at the first available opportunity could not be taken as mere carelessness or neglect, and therefore the authenticity of the note could not be trusted;
  • That Teoh was, at all material times until his untimely death, in the care, custody and control of the MACC officers;
  • That Teoh was not released from the care, custody and control of the MACC officers after his statement had been recorded at approximately 3.30am, and this failure amounted to cruel conduct and punishment inflicted on purpose;
  • That Teoh was subjected to aggressive, relentless, oppressive and unscrupulous interrogation and that the recording of his statement was unlawful;
  • That the majority of the MACC officers exhibited a total lack of consideration for human sensitivities, and that the recruitment process of MACC officers should include a psychological evaluation to assess their suitability for investigative work;
  • That most of the MACC officers who were involved in the operations on July 15 and 16, 2009, and who gave evidence as witnesses, were neither truthful nor credible, as they had the inevitable habit of lying;
  • That massive operations launched by MACC Selangor headed by Hishamuddin against the Pakatan Rakyat members of the Selangor state assembly were grounded on mere belief of information purportedly received over the telephone, and without proper ground work or verification;
  • That Hishamuddin was arrogant, given to falsehoods, untruthful and uncompromising, and that he was just too stubborn [such trait was also displayed when he gave evidence before us] to retreat from his mistake in mounting such a massive operation;
  • That not only was Hishamuddin involved but he also unleashed his officers to do his bidding in order to get results within that night and morning come hell or high-water, and that Hishamuddin should be held responsible for the actions taken by him and his officers that ! led to T eohs death; and
  • That the Selangor MACC had shown an extreme lack of cooperation with the police in the latters attempts to investigate complaints of assault and other offences previously made against its officers.

The Launch of Tengku Li's Amanah



A bygone quest or its the last straw, the Amanah (Trust), an NGO forged over months of painstaking study for the best bulk of the popular protest in the killing of the mocking bird, is looking good.

It was five minutes late in the launching by the nobleman, Tengku Razaleigh Hamzah, on July 22. It was a Friday, a day of prayers for Muslims and possibly also a day of hope for all brothers and sisters-in-kind.

The Angkatan Amanah Merdeka launching left us gaping with the question about what it will be when its time for the good wolves to huff and to puff to bring the whole corrupt house down.

Its not anymore an existential question mark, like it had been with Hamlet, asking his conscience To be or not to be? as he walked down the endless steps of becoming.

The question having been answered by Tengku Li and his associate now begs for a clear remark about whether or not Ku Li, as he is better known, will one day take the Amanah out of the Barisan Nasional (BN) and surface it, as a yellow submarine, into the frontline of the Pakatan.

If Anwar Ibrahim ends up in the jail again, it is possible that the Amanah would be required to helm the Pakatan.

Prime Minister, Najib Tun Razak, is biting his finger in deciding when he will dissolve parliament. Some in the BN may be thinking of avoiding the general elections by calling an Emergency.

Umno and the BN is being battered everyday. They are almost sunk after willfully destroying as many cherished institutions as can be counted without tears.

Said a former minister at the launching of Amanah, the government is misgoverning the economy into a mess of super-costly projects, high and still rising prices of food, of housing and of essential items.

! Its a ci pher for certain regime change.

Following the daring showdown of right against might in the Bersih 2.0 through the streets of Kuala Lumpur on July 9, the BN can hardly be expected to let the cross-party new organization Ku Li is leading to exist.

It can be counted to pull out the required number of votes and force through a regime change after that had nearly happened in the 8 March 2008 general elections.

The Opposition had taken 51 percent of the total votes but fell short in the count for a majority in Parliament.

Of state governments the Pakatan took five but quickly lost Perak in a blur of sexual trysts and a case of poor leadership which together counted as a very high price to pay for moral misconduct and general inexperience.

The Amanah at the top is sexually safe and secure as a sum of leaders who have mostly been battered into good shape and others as social idealists of note like Tan Sri Simon Sipaun, 70, who had risen from a wasting village and taken by the Lord into Oxford University and became State Secretary of Sabah and then the No. 2 of SUHAKAM, the Human Rights Commission.

Theres Daniel Tajem, lawyer, in-out-in of SNAP in Sarawak, whos still living in a village among the people he represents politically and as a lawyer in Sarawak.

Former MCA president, the inspiring Ong Tee Keat, obviously towers as a man of conscience. He is a beacon, like Razaleigh.

Given the ready pool of the morally injured among the people, its hard to miss a win with the group of leaders of the Amanah a line-up of moral and ethical beacons that can, with freedom of speech, expression and assembly, light a path to the freedom from corruption, from collusion and from cronyism.

Other than former Minister, Tan Sri Kadir Sheikh Fadzir, one of whose brothers had risen to the helm of the Umno Youth, there are Dato Subramaniam, formerly MIC deputy president and Ragunath Kesavan, former Bar Council president, with Bujang Ulis, Dr. Patau Rubis, Wilf! red Bumb uring and even a guy who has climbed Mt. Kinabalu more than 50 times, making the sum into Pegasus, the constellation the ancients identified as the messenger or postmaster of the gods.

Therefore the powers will want Amanah blacked out.

Tengku Li said in his speech, This morning can just be another interesting social event in the Malaysian landscape or it could be the start of something unprecedented that it could alter the course of our countrys future and direction.

The room to move is calculated. It is limited.

The Tengku is aware some in Anwar Ibrahims PKR had blamed him for the failure of the September 16 lunge for power Anwar made.

As a result he slumped, only to mount again in the spectacular re-run of a famous rectum of Saiful Bukhari, one of his aides.

In the Pas some who are dismayed by the ranting of the aging Nik Aziz Nik Mat and equally disturbed by the rise of Mat Sabu as deputy president, want Anwar as president with Hadi Awang replacing Nik Aziz as the Murshid ul-Am (General Guide).

Mat Sabu is not a religious scholar. Mat Sabu, as a carpet-bagger without any political base, is an obvious risk.

Its about a simple thought for the culture of power, meaning Tengku Razaleigh could prove to become a torn in the Pas stronghold of Kelantan, which is also the Tengkus home-ground.

Hence, the launching of Amanah passed in the media, including in the cyber portals, as a monumental whimper of a consortium which included more than a hundred corporate leaders who had come dressed in suits, many armed with blackberries, cameras and tablets to ensure a memory in digital-space of a reasoning for peace, for sanity, for a correction of systematic errors and for a return to development for the people.

This is the difference in Tengku Razaleighs touch. He brought leaders in the corporate sector to ground zero and to walk alongside with NGOs, intellectuals and the people at large, a ! final re finement of the Opposition that can make the Pakatan become the arm that will nail the coffin.


Elite Rule


There is a certain rule in Malaysia of the super-elite. It had arisen in the evolution of the New Economic Policy into a systematic dictatorship and which bastardized the whole of the policy while the civil service had become more and more the Umno and Barisan Nasional (BN) cadre outfit.

Former Prime Minister, Abdullah Ahmad Badawi, had said, about 85 percent of projects meant for Bumiputras had been leaked and given to Non-Bumiputras, suggesting a system overwhelmed by graft and mutual gratifications.

After some high government officers had stunned the people by openly campaigning for the BN in recent by-elections, a broader-based participation became immensely necessary for the people to protect themselves from the power-elite.

The rich must help the poor and the successful must help the unfortunate, Tengku Razalegh recalled. It was what Tunku Abdul Rahman had said in his vision of a united and happy nation.

Its not about nostalgia. Its a basic in the formula for peoples who must rise to protect themselves from the dementia affecting governments when power is assumed for the competitive accumulation of money and of wealth in the human search for grand opulence in the Order of Mammon.

Met Him? Know Him? Your fate and destiny are your simple choices. ----a. ghani ismail, 23 July, 2011

The Amanah website is at http://www.amanah.my/

Youngest Mum in the world.

(age 5, Lida)

Linda -Medina -youngets-mom

Linda Medina was the youngest girl ever to give birth. She was just 5 years, 7 months, and 21 days when her 2.7 kg (6.0 lb) son Gerardo was born. Linda got attendance of her parents when they noticed abnormal increase of her belly; she was thought to have had a tumor but when Linda was taken to hospital, there they get to know about her pregnancy. The mystery remains unsolved about the father of Gerardo. Both mother and son died at the age of 40 and 76 respectively.

(age 8, Lima)
The father of Gerardo was never discovered, but this girl was raped by two of her own cousins. She got pregnant and gave birth to a baby weighing 2 kg (4.4 lb) by cesarean section at a hospital in December 2006.

(age 9, Hilda Trujillo)
Hilda Trujillo was third youngest mother to give birth at the age of nine. In November Hilda entered the Maternity Hospital as the patient of Obstetrician Rolando Colareta, underwent examination by a team of 16 obstetricians, gland specialists, radiologists, psychiatrists and general practitioners. They reported her to be normal, only a little older-looking than other girls of her age. After one month, on December 1957 she gave birth to a baby girl. Her 22 year old cousin was arrested, accused of rape. Dr Rolando Colareta who examined her gave reasoning saying the rape of minors is nothing so unusual here or anywhere else. But of course rape does not mean pregnancy in children so young, except in rare cases.

(age 9, Phetchabun.Thailand)
Not that long ago in the month of February 2001 Wanwisa Janmuk became youngest Asian mother. Worlds forth youngest mother was married to a 26 year! old man ; by the time of birth mother and father were nine and twenty seven year old respectively.

(age 9, Singapore)
After Thailand, Singapore was second Asian country where a nine year old girl gave birth to a baby. She was student of primary school, had an affair with 14 year old student. Both were alone at home in the absence of their parents and she ended up getting pregnant.

*****************************************************************************************************************

How old do you think the youngest mum in Chow Kit is?


Closing down sales begin at Borders

Digital books proved to be the final frontier for Borders

Borders bookshops across the United States, 399 of them, began liquidation sales on Friday as the pioneer book superstore chain announced its closure after 40 years in business. It is a victim of the Internet, particularly of the booming business in digital books and electronic book readers, falling too far behind Amazons Kindle and Barnes & Nobles Nook to compete. Borders boss Mike Edwards also blamed a changing book industry and an overall bad economy, adding, We put up a great fight, but regrettably, in the end, we werent able to overcome these external forces.


Filed under: Journalism

Is everything OK in Malaysia?

  • I travel regularly to Jakarta for work since 2008. I was there this week and got back late last night. Over the last 3 years certain things caught my attention. Among others is the cleanliness of the city which has improved by leaps and bounds. The travel time from the airport to my regular hotel used to be one hour and during my recent trip it is down to 30 minutes. Traffic is more orderly. My only frustration is that the immigration counter for foreigners seems to be longer every time. More foreigners are flying in lately. The Indonesian government must be doing something right.

  • The improvement in traffic flow is not related to construction of new highway. They are taking measures to improve the movement of people by using current infrastructure. According to Yudi, an officer with the Jakarta Governor office whom I met at the hotel said that the new management is looking at improving flow so that economy can improve. The focus is on improving road conditions and creating dedicated bus lanes and upgrade walking path. Taxis are friendly and cleaner as ever. It is cheap and this encourages people to take cabs rather than driving.

  • At the airport yesterday, I was shocked to see the major headlines in all newspaper there. Airasia, the Malaysian borne airline has decided to relocate its regional HQ to Jakarta. Tony Fernandez said among others it is because he likes Jakarta. I was lost for words. An airline that started in Malaysia is now relocating away from its birth place. There must be something right in Jakarta.

  • The other big news in Jakarta is about corruption. They seem to show greater commitment to eradicate it. Over the last few days the bribery story involving Muhammad Nazaruddin, th e treasurer of the governing Democratic party (Susilo Bambang is the president) is also a major new. Susilo fired him from the party. The anticorruption agency there seems to be working overtime to catch this guy who seems to be running from one country after another.

  • President SBY should be honored for his conviction in improving the economic scenario and removing corruption in Indonesia. The Indonesian seems to be doing many right things of late and I could sense that economy is really positive there. Unlike Malaysia, the government is saying everything is good when the actual feeling on the ground is the opposite.


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    The Malaysian Bar Press Release: The search for justice and truth must continue


    There are a number of key points on which the Malaysian Bar agrees with the report of the Royal Commission of Inquiry into the Death of Teoh Beng Hock (RCI).

    We concur with the following findings of the RCI:

    (1) That the RCI was unable to accept that the alleged suicide note had been written by Teoh Beng Hock, and that the undue delay by the authorities in tendering the alleged suicide note at the first available opportunity could not be taken as mere carelessness or neglect, and therefore the authenticity of the note could not be trusted;

    (2) That Teoh Beng Hock was, at all material times until his untimely death, in the care, custody and control of the Malaysian Anti-Corruption Commission (MACC) officers;

    (3) That Teoh Beng Hock was not released from the care, custody and control of the MACC officers after his statement had been recorded at approximately 3:30 am, and this failure amounted to cruel conduct and punishment inflicted on purpose;

    (4) That Teoh Beng Hock was subjected to aggressive, relentless, oppressive and unscrupulous interrogation and that the recording of his statement was unlawful;

    (5) That the majority of the MACC officers exhibited a total lack of consideration for human sensitivities, and that the recruitment process of MACC officers should include a psychological evaluation to assess their suitability for investigative work;

    (6) That most of the MACC officers who were involved in the operations on 15 and 16 July 2009, and who gave evidence as witnesses, were neither truthful nor credible, as they had the inevitable habit of lying;!

    (7) That massive operations launched by MACC Selangor which were headed by then-Selangor MACC deputy director Hishamuddin Hashim against the Pakatan Rakyat members of the Selangor state assembly were grounded on mere belief of information purportedly received over the telephone, and without proper ground work or verification;

    (8) That Hishamuddin Hashim was arrogant, given to falsehoods, untruthful and uncompromising, and that he was just too stubborn [such trait was also displayed when he gave evidence before us] to retreat from his mistake in mounting such a massive operation;

    (9) That not only was Hishamuddin Hashim involved but he also unleashed his officers to do his bidding in order to get results within that night and morning come hell or high-water, and that Hishamuddin Hashim should be held responsible for the actions taken by him and his officers that led to Teoh Beng Hocks death; and

    (10) That the Selangor MACC had shown an extreme lack of cooperation with the police in the latter's attempts to investigate complaints of assault and other offences previously made against its officers.

    The Malaysian Bar, however, does not concur with the finding by the RCI that Teoh Beng Hock had committed suicide. Such a finding, in our view, is unsupported by the facts and the evidence.

    Contrary to the statement made by Minister in the Prime Ministers Department Dato Seri Mohamed Nazri Abdul Aziz, forensic psychiatrist Professor Paul Mullen did not testify that Teoh Beng Hock had a weak character that had led to him taking his own life. Professor Mullen also did not conclude that Teoh Beng Hock had committed suicide; rather, his testimony stated that in [his] opinion, what we learned of Teoh Beng Hocks personality and behaviour do not suggest any increased risk of suicide. He further opined that the context of the events that had taken place was not one which, in [his] experience, leads to suicide in custody, as he had not been made awar! e of any thing to explain panic and distress sufficient to drive [Teoh Beng Hock] to conclude his honor had been irreparably tarnished.

    This is in stark contrast to what the Minister reportedly stated during the release of the RCIs report, namely that Teoh Beng Hock had truly committed suicide based on his character that had changed from a low-risk group to a high-risk group for suicide after undergoing a continuous and aggressive questioning session. Professor Mullens testimony does not provide the basis for the RCIs finding of suicide, such as that described in the section titled conclusion on forensic psychiatric aspects in the RCIs report.

    It is noted that the RCI found the following:

    (1) That the time of death had been between 7:15 am and 11:15 am on 16 July 2009;

    (2) That Teoh Beng Hock had not been released at 3:30 am and been left alone sitting on a sofa after his statement had been recorded, as Hishamuddin Hashim had issued a written circular the previous month that witnesses and visitors in the Selangor MACC office should be accompanied at all times;

    (3) That Teoh Beng Hock had been subjected to a fourth interrogation session after 3:30 am by Hishamuddin Hashim and his officers, which was aggressive and relentless. In addition, the RCI rejected the evidence of MACC officer Raymond Nion that he had seen Teoh Beng Hock lying down unattended on a sofa at approximately 6:00 am;

    (4) That the fourth interrogation session was probably between 3:30 am and 7:00 am; and

    (5) That the window from which Teoh Beng Hock is said to have fallen out was located conspicuously.

    In view of the above, and that there was no evidence whatsoever produced at the RCI hearing of Teoh Beng Hocks whereabouts or movements after 6:15 am, and the staff of the Selangor MACC office would have begun arriving by 8:00 am, to surmise that Teoh Beng Hock had committed suicide between 7:15 am and 11:15 am requires a leap in logic and an assumption of facts not in evidenc! e.
    < br>The Malaysian Bar also notes that the joint expert psychiatric report of Dr Badiah Yahya and Dr Nor Hayati Ali the experts engaged by MACC who were present during most of the court proceedings and had interviewed Teoh Beng Hocks family members, housemate and work colleagues stated:

    We did not have any evidence on how the investigation was conducted as there were no written questions posted to [Teoh Beng Hock] or audio recording as to ascertain the amount of pressure that he experienced. It is not known whether he had experienced in his mind the effects of being possibly prosecuted on the allegations, whether it would have been devastating for him and/or his organisation. This should require more information on what was said and done in the period taken [sic] into custody until he was found dead.

    It is very clear to the Malaysian Bar that full responsibility for Teoh Beng Hocks death lies squarely and solely on the MACC, and that immediate action must be taken to hold the culpable officers accountable for their behaviour. In this regard, we welcome the reported statement by Dato Seri Mohamed Nazri Abdul Aziz, that appropriate action would be taken against the officers through the process of law without delay. The authorities should investigate the relevant MACC officers for possible offences under sections 304 and 304A of the Penal Code, namely for culpable homicide not amounting to murder and for causing the death of TBH by negligence, respectively.

    The Malaysian Bar also calls on the Government of Malaysia and MACC to consider:

    * offering an unqualified written apology to Teoh Beng Hocks family, and to the citizens of Malaysia, for his death; and

    * making reasonable recompense to Teoh Beng Hocks family in respect of his death. The Malaysian Bar extends its heartfelt sympathy once again to Teoh Beng Hocks family and loved ones.


    Lim Chee Wee
    President
    Malaysian Bar

    23 July 2011

    Rule of law, rule by law Ambiga Sreenevasan


    Acceptance speech delivered by Datuk Dr Ambiga Sreenevasan upon her conferment with the Honorary Doctorate Of Laws, University of Exeter.

    Good Morning! Chancellor, vice chancellor and graduating students.

    It is so good to be back!

    I am deeply moved by the conferment of this honour upon me. That it comes from my alma mater is especially significant for me. That it comes at this time is almost providential, for it allows me and all lawyers to reflect on our roles in the societies we live in.

    For this honour and this moment of reflection, I extend my grateful thanks to the Council and Senate of the University of Exeter.

    Tired of injustice and oppression, people the world over are crying out for truth, goodness, justice and universal love and understanding.

    The events in Malaysia over the past six weeks culminating in the rally for free and fair elections on the 9th of July, has taught me so much more than I could have ever learned in the last 30 years as a practising lawyer.

    My team and I faced first-hand the full force of the unleashed power of the state, and I realised then the importance of the independence of the Institutions of government, particularly the judiciary, to check such abuses of power.

    I also realised how real and present the absence of the Rule of Law can be.

    In countries where the Rule of Law reigns strong a! nd true one probably does not even talk about it. But in countries that veer towards Rule by Law, talking about getting back to the basics is crucial.

    In many countries, Rule by Law is reflected in the existence of repressive laws that violate the fundamental rights of its citizens. One example of this is preventive detention laws that lock people away without affording them the basic right to a trial. There are many examples of such oppressive laws worldwide and they are not confined to underdeveloped or developing countries.

    As lawyers, we are in a unique position. Our years of legal study and practice teach us to see and appreciate the fundamental role that the Rule of Law plays in guaranteeing that the state governs its citizens in a just and democratic manner.

    Who better to remind those in power of their responsibilities to their citizens than lawyers trained in understanding the difference between Rule of Law and Rule by Law?

    Our role as lawyers must therefore extend far beyond traditional legal practice.

    Here, I make no reference to rules, guidelines, documents, or declarations. My only reference point is our conscience. Can we as lawyers, ever sit back and watch the erosion of fundamental liberties of the people around us and do nothing? Clearly, silence in these circumstances, is not an option.

    When I graduated from this university about 30 years ago, things were of course very different. Today the Internet and social media has empowered people with a continual flow of unfiltered and up-to-date information. No longer can the manipulation and control of information be effectively used by those in power to suppress either thought or action.

    You are in a world where you know instantly of injustices taking place in any part of it. In this global village drawn together by so many factors, we are one. We can reach out to each other using these new means of communication and we owe it to each other to stand together for what is right.

    You may say, But I s! tudied l aw to be a solicitor or barrister and to earn money for a decent standard of living. There is nothing wrong with that, I assure you. I run a commercial litigation practice in a partnership of four where we also do public interest litigation. The two can co-exist quite comfortably.

    The point I make is this.

    You are graduating from one of the best universities in the country if not on the planet! You are special. And you are now a proud member of an army of people that is equipped with all that is necessary to both practise law and to fight injustice.

    I urge you to use this arsenal of knowledge and your passion for justice to fight for those who are downtrodden.

    You have already heard of the events of July 9th in Malaysia. Whilst it brought out the worst in some, it brought out the best in others and this is where our hope lies.

    There were some in government who opposed the methods used to shut us down. Even doctors left their comfort zones to speak up against injustices. And of course there were the lawyers and the independent media who stood on the side of truth and justice.

    However, the real heroes of that day are our friend and supporter Allahyarham Baharuddin Ahmad who paid the ultimate price in fighting a noble cause, the six members of the Socialist Party of Malaysia who, as we speak, sit in solitary confinement under preventive detention laws and finally the brave people of Malaysia who overcame their fear of intimidation and harassment to uphold their fundamental rights.

    With all my heart I dedicate this honour you have bestowed upon me to them.

    Saibani's wife wants RCI to probe MACC death...

    Disappointed with the police investigation, Maziah Manap, wife of the late Ahmad Sarbaini Mohamed, found dead at the Malaysian Anti-Corruption Comission (MACC) building in Kuala Lumpur, calls on the government to form a royal commission of inquiry (RCI) to probe her husband's mysterious death.

    "The inquest is not looking seriously into possible foul play. I want an RCI. This is the first time, I'm calling for an RCI," she said after lodging a police report at Kelana Jaya police station this morning.

    Maziah wanted the police to re-investigate the case after blogger Raja Petra Kamaruddin named in his website an MACC officer ordering Sarbaini to stand on a window ledge as 'punishment' for trying to retract his confession in a graft case. She said that what transpired during the current inquest was to a certain extent in line with Raja Petra's allegation.

    Raja Petra claimed that in obeying that order, Sarbaini's belt got stuck on the outer part of the window, resulting in loss of balance, sending him plunging to his death two floors below.

    Selangor Customs assistant director Sarbaini was found dead on April 6 at an open air badminton court on the first floor of the KL MACC building in Cheras. Maziah, accompanied by her brother-in-law, children and cousin, was upset that the inquest did not include the foul play angle in its investigtion.

    "All the witnesses said he jumped (from the pantry on the third floor), but what made him do so? There must be a reason!'," she said.

    In her police report, Maziah insisted that her husband did not commit suicide and suspects criminal element in the death. She said the family can accept the inquest's decision if it rules the death as an accident, but as a result of foul play.

    Ju! stice ha s not been done for Sarbaini... police did not investigate seriously, they were not serious.

    The police had identified the case as sudden death. Bukit Aman crime scene investigator Sharul Othman had testified during the inquest that there was no element of suicide or homicide in the death. He said Sarbaini had tried to leave the MACC building through a window on the third floor pantry, and accidentally fell to his death.

    In the police report, Maziah demanded that police commence fresh investigation over the "it wasn't me, it was my men" remark of MACC officer Abdul Ghani Ali which, she claimed, indicated that the anti-graft body's officers were involved in her husband's death.

    However, Abdul Ghani had clarified during the inquest that he had meant that Sarbaini had met with his officers and not him on April 6.

    source:malaysiakini

    Isteri mahu RCI siasat punca kematian Sarbaini

    SPRM dan polis selalunya akan kelepiaq kerana depa selalunya betul dan rakyat yang selalunya salah....

    Kalau adakan RCI pun ingat boleh dapat keadilan kah? Pengerusi dan ahli2 panel RCI semua orang depa dah 99.99% tentu RCI akan mendapati Saibani bunuh diri, macam kes Teoh Beng Hock...

    cheers.

    The 'arrogant leader' in Teoh's interrogation

    RCI REPORT Contrary to his testimony, Hishamuddin Hashim was found to have been in full control and actively involved in the entire operation.


    Although the then Selangor MACC deputy director Hishamuddin Hashim had disclaimed active involvement in the graft busting operation which led to the death of Teoh Beng Hock, the royal commission of inquiry (RCI), however, found that he had played an instrumental role in the tragedy.

    NONEAccording to the report, contrary to his testimony, Hishamuddin (left) was found to have been in full control and actively involved in the entire operation from the very start.

    The commission discovered that during the period of the operation, the officers involved would keep him updated twice in a day when he would give them specific directions.

    "Even when the officers were on the ground, they would call him on their mobile phones for directions should they encounter any problem in the operation, or he would call them to give directions," the report said.

    "He not only was involved but he also unleashed his officers to do his bidding in order to get results within that night (of July 15) and morning (of July 16) come hell or high water.

    "He was clearly accountable for what transpired at the Selangor MACC during the period in question, and the submission of counsel for the MACC falls flat in the face of these facts," read the RCI report.

    It pointed out that Teoh was driven to commit suicide by the "aggressive, relentless, oppressive and unscrupulous interrogations" by MACC officers acting on Hishamuddin's orders.

    The commission named Hishamuddin, together with two of his officers - Mohd Anuar Ismail and Mohd Ashraf Mohd Yunus, as the trio who questioned Teoh in the postulated fourth interrogation that was described as the "final straw that broke ! the came l's back".

    Deadly obsession with achieving aim

    Therefore, the RCI report stressed that although there was no direct evidence to prove that Hishamuddin had a hand in the death of Teoh, he should be held responsible for the actions taken by him and his officers, which propelled Teoh to take his own life.

    NONEThe senior officer, who has been with the MACC for 21 years, was described by the report as an "arrogant leader who would have no qualms in lying as long as his ends were achieved, regardless of the means employed".

    "We found him to be arrogant, given to falsehoods, untruthful and uncompromising in his stand."

    However, he had been promoted after the incident and currently holds the senior position as Negeri Sembilan MACC director.

    The commission said Hishamuddin had launched a full-scale operation, mobilising the whole Selangor MACC while seeking manpower support from other MACC offices on the mere belief in the informant and without supporting facts.

    "...Hishamuddin should have exercised every caution as the complaint was serious in nature and involved the state government of Selangor...," read the report.

    The commission said Hishamuddin was simply too stubborn to retreat from his mistake in mounting such a massive operation against Selangor elected representatives, particularly when it had received wide and extensive press coverage.

    Disappointed at the negative result obtained from witnesses, the commission believed that Hishamuddin must have resorted to a personal and more aggressive interrogation of Teoh since the latter held the vital link between Ean Yong and the suppliers or contractors.

    "And if anything were to be made to 'stick' on Ean Yong, it would have to be through Teoh," the report added.

    'Iron grip a major hindrance'

    Hishamudin! 's tight grip on his officers also hindered the RCI from unearthing the truth from other MACC officers.

    "Hishamuddin was described by MACC officer Azian as a workaholic. As a boss, he also instilled fear in his officers. Opportunities for promotion rested mainly in his hands.

    "The whole range of interview-interrogation techniques would have been employed by his officers and himself to satisfy his desire to obtain results in the shortest possible time.

    "Thus, it was not at all surprising that most of his officers, save two strong souls (Azeen and Azian) who pointed out the truth, had the inevitable habit of lying," read the RCI report.

    teoh beng hock rci witness 57 270411 azeen hafees jamaluddinAzeen Hafees Jamaluddin (left) and Azian Umar were the two MACC officers who exposed Hishamuddin's falsehoods during the inquiry.

    They revealed that Hishamuddin had called all the Selangor MACC officers involved in the case for a meeting on July 16 evening, to exclude himself from the responsibility and shift it all to Anuar.

    The commission noted that Hishammudin appeared to have absolute authority to probe anyone whom he suspected to be involved in any corrupt practice in the state without even informing or obtaining the consent of his superiors at the Putrajaya headquarters of the MACC headquarters.

    But the commission was later told by the current MACC deputy chief commissioner that this shortcoming had been rectified and that certain cases in any state now require approval and consent from HQ before investigations can commence.

    The report also touched on the anonymous letter dated Aug 5, 2009 purportedly written by MACC officers which alleged the corrupt practices, misconduct and abuse of power committed by Hishamuddin in connection with the cases involving Teoh and former Selangor menteri besar Mohamad Khir ! Toyo.

    It pointed out that although the letter had received the attention of the then-MACC chief commissioner, the anti-graft body did not carry out a formal investigation on the matter, given that the anti-graft body has very wide powers to set its investigative machinery in motion.

    "According to section 29 of the MACC Act, a report may be made orally or in writing, and in the present matter before this RCI, the information that set the investigation machinery of the MACC in motion had purportedly been conveyed to Hishamuddin merely over the telephone," the report added.


    The Amanah gambit and Mustapha Ong

    LETTERS
    Letters to the Editor

    Today, we have a different political and social scenario. UMNO-BN are still in total denial of what the majority of the people wanted across the political divides Anwar is in a political siege as he had yet to emerge clean from his personal encounters Amanah in its true form as a new NGO may change the political, economic and social landscape of the nation

    By Dato Haji Mustapha Ong
    by email

    Yes I do have something to say and I will say it loud and clear based on my own personal conscience without fear or favour. I am only one of the minority voices within the minority in UMNO politics since my involvement from 1963. Although I am not in the league of Tengku Razaleigh, I share the same vision with Ku Li but I do not simply criticise my YDP Agong, party leaders, my government and this beloved nation which had given me so much in my 69 years as a patriotic citizen.

    I had given more than 34 years of my life back to national service as a party official and government officer since the mid 60s with distinction and recognition from the nation. I am proud of my small contribution to the nation. Contrary to those who had criticised me for my bloggings in the cyberspace, I have never received any special favours and financial benefits from the party or government. I vouch that my success and that of my children are all due to our own hard work and not through political patronage from the UMNO leaders and the government. UMNO/BN had given me nothing absolutely although I have walked together with them in the corridors of power in my capacity as a party and government senior officer for more than half of my life.

    Today, we have a dif! ferent p olitical and social scenario and the BN government had paid dearly for their mistakes and wrong doings as we had witnessed the loss of 5 state governments in the 2008 general election. UMNO and their crony BN component parties had not learnt their lessons and until today, 2011, they are still in total denial of what the majority of the people wanted across the political divides.

    Former prime minister Tun Abdullah Ahmad Badawi was given the opportunity to lead UMNO and the BN government, through the popular support he had garnered in the 2004 general election but he had failed the electorate and the people in particular. Thus we had lost heavily to the opposition pact led by Anwar Ibrahim as proven in the 2008 general election. Anwar together with his PR partners are in the final lap of their attempt to overthrow the BN government under the leadership of Najib Tun Razak as a political run up to the 13th general election.

    However, Anwar is in a political siege as he had yet to emerge clean from his personal encounters in his current ongoing sodomy II trial beginning in early August. Anwar had diverted a lot of public attention to other issues that he had created in order to neutralise the peoples opinion about his dubious character that had badly affected his reputation and creditability as an opposition leader. By hook or by crook, Anwar wants to topple this government by force with all his unconventional strategies in order to capture Putrajaya and become the next prime minister of Malaysia.

    Yesterday (Friday, 22 July), together with all peace loving Malaysians of all races, I had attended the launch of Angkatan Amanah Merderka held at the Tunku Memorial in Kuala Lumpur. I believe there were at least more than two thousand people in the audience who had attended the function, with or without invitation. The launch was an eye opener for us and the support from the audience was warm and spontaneous.

    Amanah Merdeka is led by a Central Council comprised of Tengku Razaleigh the Preside! nt, six prominent Deputy Presidents and seven Vice Presidents with a clear vision and mission in the name of unity and solidarity.

    Although Amanah is politically motivated and inspired with some of the mixed former political leaders in the pro BN government party leadership from both West and East Malaysia, it is hoped that Amanahs noble course to reignite the voice of unity, the spirit of the Constitution, the pledge of justice and lastly the freedom for true liberty, will not be hijacked by irresponsible politically infiltrated agents.

    Amanah in its true form as a new NGO may change the political, economic and social landscape of the nation to be led by the next democratically elected government after the 13th general election.

    Dato Haji Mustapha Ong was once private secretary to Information Minister Datuk Mohamad Rahmat and later in the diplomatic service. He is the father of Omar Ong of Ethos Consulting, a close adviser to the prime minister, Najib Tun Razak.
    Mustapha Ong earned a spot of notoriety in the 1990s when it was alleged he had tried to bribe a New York taxi driver to state he had procured sex partners for Anwar Ibrahim; the taxi driver in turn lodged police reports against Mustapha Ong.

    Filed under: Journalism

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