Pakatan Rakyat (PR) Social Political Buzz & Bulls

Gerakan to Zaini: They dont want BN lah

Penang Gerakan, criticised by Utusan Malaysias Zaini Hassan this week, fired back by throwing in his face an assessment that Penang people are fed up with the Barisan Nasional.

And Dr Teng Hock Nam, the Gerakans leader in Penang, also threw back in Zainis face assurances from Barisan Nasional and Umno leaders that Umno would not stake a claim to the chief ministership if the BN were to regain power in Penang.

Zainis comments were premature, Dr Teng said, in answer to Zainis column this week urging Gerakan and other BN parties to keep quiet and stop creating trouble.

Zaini said the BN would win back Penang if the people were promised that the Chief Minister would be from Umno. Malay voters would desert Parti Keadilan Rakyat, he said.

In the 2008 general election, the Pakatan Rakyat partners won 39 seats (DAP 19, PKR 19 PAS 1) to Umnos 11. The Gerakan, MCA and MIC were wiped out.

Counting their chickens

Dr Teng said the Barisan Nasional must first restore public confidence, regain the peoples support and win the election, before it can even talk about the chief ministers post.

Zainis views lacked consistency and were premature, he said. Instead, writers like Zaini should disseminate information on the progress and prosperity from BN rule in the past 54 years.

Free Malaysia Today said Tengs statements seemed to be a hint that Penang people remained very much against the BN, and especially Umno.

No Umno chief minister

Dr Teng said BN and Umno leaders Najib Tun Razak and Muhyiddin Yassin had already said the next BN chief minister of Penang would not be from Umno. This was the assurance given by Umno, he said, and quoted Penang Umno leader Zainal Abidin Osman as saying that the party will not stake a claim for the post.

MCA president Dr Chua Soi Lek had also said earlier this month that the next BN chief minister would be an ethnic Chinese.

DAP uses Zaini as proof of Gerakan, MCA perfidy

Although Dr Teng took issue ! with Zai ni, the state DAP pounced on his column in ironic agreement but only to score points against the Gerakan and MCA. Zainis column was cited by Ng Wei Aik, political secretary to the chief minister, as showing that Gerakan and MCA would hand over the chief ministers post on a silver platter if Umno demanded the post.

Conclusion from all that kerfuffle

  • Utusan cant see beyond race;
  • Barisan Nasional leaders are desperate not to upset the racial apple-cart;
  • Gerakan is flailing (not failing, but that could also be the case);
  • the DAP wont miss any chance to whip Gerakan and MCA as Umnos racial stooges.

Nothings changed, then: our politicians think of nothing but race and the election race. Happy Merdeka day.


Filed under: Journalism, Politics

Selangor Times 26-28 August

Selangor Times 26-31 August

'Pristine condition' of rectal swabs puzzles expert...

How is it that three cotton swabs retrieved from the rectum of sodomy complainant Mohd Saiful Bukhari Azlan show no sign of degradation when tested some 100 hours later? This is the issue that is puzzling Australian DNA expert Dr Brian McDonald.

Describing the findings from the three swabs marked B7, B8 and B9 from the high and low rectal areas of he complainant as "pristine", McDonald (left) told the Sodomy II trial of Opposition Leader Anwar Ibrahim that this was "inconsistent with the history". "This is because there is no sign of degradation and the samples are pristine," McDonald said, for the three samples were taken from Saiful's rectum 56 hours after the alleged sodomy, which took place between 3.01pm and 4.30pm on June 26, 2008.

Saiful was examined by four doctors at Hospital Kuala Lumpur between 9pm on June 28 and midnight on June 29, 2008. Investigating officer Supt Jude Blacious Pereira had earlier testified that the samples were kept in a drawer in his air-conditioned office and handed over to chemist Dr Seah Lay Hong about 7pm on June 30, 2008.

Yesterday, McDonald, 60, told the High Court in Kuala Lumpur that the samples should ideally be kept in a freezer at minus 20 degrees Celsius. Questioned on the three samples by defence counsel Ram Karpal Singh, McDonald said the 'Male Y' DNA was prevalent in the low rectal swabs.

However, the witness noted, Saiful's DNA was prevalent in the high rectal swab.

"Hence, I cannot discount the possibility that Saiful's semen or sperm could be up in the high rectal area, based on the tests," McDonald said.

"Furthermore," he added! , "the t hree samples from the swab are pristine, although they should have degraded under the circumstances."


Another Australian expert witness, Dr David Wells, had testified earlier that he would not take samples from a sexual assault victim 36 hours after the attack.

McDonald had also testified that such a sample would be deeply degraded after 56 hours.

Saiful's semen sperm in anus?

McDonald also explained that chemists Dr Seah Lay Hong(right) was guilty of guessing in treating Saiful's sample, as there was no indication in her report where the sample originates and that he did not use the same numbering system employed by the doctors.

We have to assume where the swab came from as this is not reflected in Seah's report, he said, adding Seah should verify where it came from in sodomy cases.

It could come from a cigarette butt. Seah did not provide the information in the report. She has not reported anything on the sample whether it came somewhere or another.


McDonald said Seah did not properly do the differential extraction process (DEP) test from the samples taken to resolve the issue of sperm and non-sperm cells.

This, he said, has to be done again and again until what is left are sperm and not other contaminants.
He said this has resulted in findings of Saiful's DNA in the rectum.


That is the case of the complainant's semen is in his rectum, he said, adding one cannot assume there is Saiful's sperm is in his own rectum initially but this had to be assumed following the results of the test.

I would say Seah's evidence is a! guess.< /span>

Ram: Why is that?

McDonald: Because she did not slide on the receptacle and put it under a microscope to verify. That is only way to determine and if there is further, the process has to be repeated again to remove the contaminants.


Ram: Is it possible that there is Saiful's sperm in his anus.


McDonald: If she had done it properly, we can cut out on such a possibility. The sample taken cannot be relied on because (it contain Saiful's DNA).


Ram: Can we conclusively say that Saiful's sperm is not in his anus?


McDonald:
No, she is guessing that there are other cells. She did not do the DEP test properly. The Male Y (allegedly Anwar's DNA) is predominant in B7 the low rectal swab. However, on the B8 (high rectal), Saiful's DNA was predominant.We cannot discount Saiful's sperm was up in his own anus, based on the result.

Anwar Ibrahim is charged with sodomising Saiful at the Desa Damansara condominium between 3.01pm and 4.30pm on June 26, 2008.

The trial continues from Sept 19 to 23 with McDonald's testimony.


source:malaysiakini

Pakar bingung calitan dubur Saiful masih baik

Pristine DNA profiles inconsistent with degradation, foreign expert tells Sodomy II

cheers.

Sodomy II -- For the record from MI (5)

Pristine DNA profiles inconsistent with degradation, foreign expert tells Sodomy II

UPDATED @ 03:23:33 PM 26-08-2011
By Boo Su-Lyn
August 26, 2011
Dr Brian McDonald (L) said today the pristine condition of DNA profiles was inconsistent with degradation of sperm samples. Picture by Choo Choy May

KUALA LUMPUR, Aug 26 The DNA profiles found in Mohd Saiful Bukhari Azlans anus were pristine despite the fact they were extracted more than 65 hours after a sex act is alleged to have taken place, Datuk Seri Anwar Ibrahims Sodomy II trial heard today.

Australian DNA expert Dr Brian McDonald said the DNA profiles in three sperm samples taken from the complainants rectum showed no evidence of degradation.

Dr McDonald told the High Court here today that the DNA profile in one high rectal sample was pre-dominantly from Male Y, another was pre-dominantly Saifuls, and the third from the low rectal area was inconclusive.

Government chemist Nor Aidora Saedon testified last February that the Male Y DNA profile matched those found on a Good Morning towel given to Anwar during his overnight detention in lock-up three years ago, when he was arrested for sodomising Saiful.

Anwar had refused to provide DNA samples in his first sodomy trial in 1998 for fear they could be manipulated.

Former Kuala Lumpur CID chief Datuk Mat Zain Ibrahim also claimed last January that DNA evidence was fabricated in the Opposition Leaders first sodomy trial.

Augustine Paul, the presiding judge then, expunged the entire DNA evidence to protect the integrity of the prosecutions case.

The 64-year-old former deputy prime minister has dismissed his current sodo! my trial as a political conspiracy to end his career.

He faces up to 20 years in jail if convicted under section 377B of the Penal Code for sodomising his former aide Saiful in 2008.

The defence has previously highlighted the fact that the samples swabbed from Saifuls anus were also stored in an airtight receptacle and kept in a locker at room temperature, which Dr McDonald has said violated fundamental laboratory practices.

The bespectacled scientist said yesterday that the samples should have been smeared onto a glass slide, air-dried and immediately frozen at -20 degrees Centrigrade, to stop the growth of bacteria from destroying the sperm cells.

Australian forensic pathologist Dr David Wells also admitted recently the possibility of finding sperm heads inside a persons rectum up to 65 hours after sex, but pointed out that a scientific finding could not be based on such a rare occurrence.

The defence expert witness was responding to a point raised by the prosecution of a separate case where sperm heads were discovered up to 65 hours after sex, shower and defecation.

Doctors from Hospital Kuala Lumpur who examined Saiful two days after the alleged sodomy have said they managed to obtain DNA specimens from the complainants rectum despite a lapse of 56 hours, which has been a key issue disputed by Anwars defence team.

Defence lawyer Sankara Nair, however, pointed out last Wednesday that the integrity of the sperm samples were even more questionable because a total of 90 hours had passed before the specimens were sent to the laboratory for analysis.

The trial resumes on September 19. ~~ MI


Belated Thanks from Desi, the knotty Chair of BUM2011:)

Acknowledgments

As Chairman of the BUM2011 Organising Committee, it is my pleasant duty to place on record our deepest appreciation to the following for their moral and financial support to enable us to succesfully =organise the fifth in our annual outings in the Bloggers Universe Malaysia series this fifth and I believe could be swansong time at an entirely different venua on July 24, 2011 at the Maju Palace Resutaurant in Kuala Lumpur, a move away from familiar LVC, Subang Jaya where we had nestled with Warren Buffet and Mary and her little lamb/s for four affairs.

Firstly, a word of thanks to the Selangor Menteri Besar, Tan Sri Khalid Ibrahim, for delivering the Keynote Address (second time in two consecutive years picnics:) and financial support;

To the chief execitives of the following Companies/Corporations for supporting the luncheon in both moral and financial terms:

1. MAJU HOLDINGS
2. PAG
3. PETER KH TING
4. PERUNDING ATOZ
5. SUNBES SPECIALIST
6. YL YAP SPECIALIST

and, last but not least, to the Management and Staff of MAJU PALACE RESTAURANT for putting up with the ever-changiung demands and fancies put on them by the 4ever-in-a-flux-BUM Org Comm.

Wishing all/awe good luck, good health, and God bless; Adieu, and not GOoDbye

~~ YL Chong, Desiderata


More active policemen please, not more policemen

Recently, PEMANDU claimed that redeployment of police officers helped reduce crime. PEMANDU said that up to 30,000 police officers had been reassigned to cover crime hot spots. However, PEMANDU did not give details as to the actual assignments of these police officers.

Making better use of our existing police resources is indeed crucial. The Royal Commission on the Police in its 2005 report suggested that many management and logistics officers could be redeployed to core police work instead. However, REFSA research reveals that:

As of 2010, 41% - two out of five - policemen are in management or administration roles;

The total number, as well as proportion, of policemen in management has actually increased further to 43,000 in 2001 from the already high base of 33,000 in 2005 at the time of the Royal Commissions inquiry.

More relevant facts and figures on the Royal Malaysian Police Force can be found in the REFSA Focus Paper Staffing the Police More active policemen please, not more policemen which will be released on Sunday, 28 August 2011 on our website.

Please read our analysis, and if you agree with our findings, please sign the petition to the Honourable Minister of Home Affairs.

* The writer is executive director of Research for Social Advancement (REFSA), a research institute providing information on social, economic and political issues affecting Malaysians.


Islam and the concept of royalty

  • My daughter asked me once on how a person can become a Sultan, King, Maharajah, Raja and Emperor (SKRE). She said that it is not fair that since she was not born among the royal blood she do not get the chance to lead a lavish lifestyle. Many times she asked for something expensive I had to turn her down because I cant afford it.

  • Other than TLC, the most she got from me is a Samsung Galaxy S2 after scoring 8As in her exams and that to my standard is lavish. Its a difficult question which I could not find a reasonable answer. My conclusion is that the present Royal family worldwide can trace their ancestry to the first fellow who probably declared himself to be SKRE because he was the strongest, the ruthless and the people at that time was scared of him. He was probably the chief mafia at that time.

  • Prophet Mohamed never declared himself as a SKRE and yet today he has more than 2 billion followers around the world today. He earned the respect of his followers and yet led an ordinary life. His GG grandfather, Abd Manaf was the governor of Mecca. After the demise of the Prophet, the subsequent Caliphs were leaders among man. They were chosen by the people via a shura. From the 1st Caliph Abu Bakar to the 4th one Ali, none was decided by the incumbent but was selected at a Shura. They are leaders that lead an empire. From what I read none of them ever declared themselves as a Royalty.

  • Worldwide, in many (both Muslims and non Muslim) countries, we see plenty of SKRE. They do not lead the nation or administer countries and yet they are remunerated lavishly. Many are nothing more than a symbolic figure and perform ceremonial duties. Their children and their grandchildren continue to live with silver spoons. Many countries around the world have removed their SKRE. Most of the time these happen when people are hungry, oppressed and became rebellious.

  • Countries like India did it when it gained independence. They felt it is an unfair concept to the society. China removes their Emperors when communism sets in. The world and the people are changing today. More people around the world are asking whether the concept of SKRE is in line with Islamic principles. Personally I am not sure but I am inclined to believe that it isnt so.
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    Sarawak govt constantly ignoring court rulings

    The state government is abusing its power over NCR land policies and eroding investor confidence, claims PKR.

    State opposition PKR has accused the Sarawak government of abusing and misusing the office of the state Attorney-Generals Chambers (A-G) to defend the wrong-doings of a few who continue grabbing native customary rights (NCR) land.

    According to PKR vice-chairman See Chee How, the state government is constantly denying court rulings favouring natives on NCR land.

    The High Courts, the Court of Appeal and even the Federal Court have spoken and ruled on the recognition of NCR according to the customary practice of the natives concerned, but the state government chose to have its own restrictive interpretation.

    The state government is in its denial mode and likely to continue doing so, no matter how many cases are decided in favour of the native communities that have chosen to stand up against the state Barisan Nasional regime.

    To me, it has reached the extent that it is an abuse and misuse of the office of the state Attorney- Generals Chambers to defend the wrong-doings of a few who continue their land grabbing, he said.

    See, who is also Batu Lintang assemblyman, said the most affected are the investors as they will not be able to recover their investments, having paid dearly for the land and ended up having to re-negotiate with the native landowners.

    In the first place, they should have been able to have (direct) joint ventures with the native landowners and thereby derive mutual benefits.

    Instead, they used Pelita (Land Development and Protection Board) and deprived the natives of their rights.

    Losing investors trust

    The state government is gradually but obviously losing the trust of genuine investors.

    Eventually, more and more of the rural landowners will realise their mistakes of voting for these BN politicians.

    The popular votes for the BN had been slashed 8% in the last state election to! 55%.

    It is losing ground and it is just a matter of time that they will be voted out of office, said See.

    See, who is a lawyer with Baru Bian Advocates, was commenting on a suit brought by Jubang Anak Punjab, Juslin Majang Anak Pundu, Mat Anak Tanggon and the residents of Kampung Sual, Simunjan, against First Binary Sdn Bhd, the director of forestry, the director of Land and Survey Department and the state government for encroaching into 168 acres of their NCR land.

    The Kuching High Court Judicial Commissioner Ravinthran Paramaguru, who heard the case, declared that Jubang, Juslin Majang, Mat Anak and the residents of Kampung Sual are the owners of the disputed 168 acres.

    Ravinthran said that in view of his acceptance of the evidence on oral history and tradition in respect of the NCR land claim over the disputed area, he was only prepared to grant a declaration that the plaintiffs have established NCR over the 168 acres.

    As the plaintiffs have only succeeded partially against the government, I shall reduce the costs that they are entitled to.

    I shall order the second defendant (director of forest), the third defendant (director of Land and Surveys) and the fourth defendant (the state government) to pay costs of RM30,000 to the plaintiffs.

    In so far as the first defendant (First Binary) is concerned, at the time the suit was filed in 2007, the timber licence subsisted.

    In the premises, I shall order the first defendant to bear their own costs, he said.

    See represented the natives, while Allan Lao and Lidwina Kiew of Messrs David, Sagah and Teng Advocates, Kuching, appeared for First Binary.

    Dayang Jamillah Tun Salahuddin of the state Attorney-Generals Chambers represented the director of forestry, director of Land and Survey Department and the state government.

    So far, Baru Bian Advocates has successfully represented more than 10 NCR land cases and more than 100 are still pending at the High Court.


    Golden Churn cooks up a sinister storm

    Could there be a more sinister reason behind butter-gate, the Golden Churn butter scandal? It can hardly be the question of its halal status, especially when neighbouring Brunei, Indonesia and Singapore did not react with mindless panic.

    Is the Islamic Development Authority (Jakim) indirectly saying that Malaysian Muslims are more puritanical than their neighbours? Is Jakim claiming that its laboratory techniques are far superior?

    The scarred reputation of Sarawaks palm-oil industries has probably resulted in a dearth of investors. Is the furore over Golden Churn butter a ploy to re-energise Sarawak Chief Minister Taib Mahmuds vision for his halal hub at Tanjung Manis?

    Or is this Taibs roundabout way of controlling the halal industry in Sarawak?

    Perhaps it is all of the above. The Muslim population gearing up for Hari Raya is a captive audience. They have little choice in the matter.

    It is a judicious time to whip up public sentiment against the popular Golden Churn butter so that bakeries, cooks and stockists have to switch to an alternative, perhaps a palm oil product, like margarine, conveniently manufactured in Tanjung Manis.

    Or with acres of virgin jungle cleared, Taib can easily start dairy farming and produce his own butter.

    Tanjung Manis has Taibs fingerprints all over it. Teresa Toyad is related to Taib and she is also the wife of Wilson Baya Dandot, the former state secretary and CEO of the company managing Taibs pet project, the Sarawak Corridor of Renewable Energy (SCORE).

    Fatimah Abdul Rahman, is the daughter of the former chief minister and state governor Rahman Yakub. Taib and Rahman are now bosom buddies especially as Rahmans other daughter, Norah, is a possible future chief minister.

    As they say, keep it all in the family. Nor! ah is no t just the the MP for Tanjung Manis, she is also the appointed executive chariman of Tanjung Manis Industries, the state-supported conglomeration which runs the halal activities.

    CM eager to promote Tanjung Manis

    Taib is eager to promote Tanjung Manis as the first Halal Park in East Malaysia for upstream and downstream halal food and manufacturing activities.

    In July 2010, Taib set off for the UK in a massive publicity drive to promote SCORE and Tanjung Manis. However, at the Said Business School in Oxford, Taib was humiliated in front of business heads and his Oxford hosts, by a group of demonstrators, protesting against his destruction of the environment and his treatment of the Sarawak people.

    Last year, Norah who accompanied Taib to UK, was up-beat about SCORE: We now have some serious marketing to do in UK to create awareness on the halal industry.

    This year, Taib is the worlds pariah. In the UK, he was exposed as having paid millions from the public purse to FBC, a publicity company, to paint a golden gloss on Sarawak. The Ecologist, a UK environmental magazine, published a damning report on Taib and his corruption.

    In Europe, the Swiss are monitoring Taibs business activities. Whilst in Australia, a WWF partner, the Global Forest and Trade Network announced that it was distancing itself from Taibs forestry operations in Tasmania.

    The halal industry is not fully tapped and has vast opportunities for domestic and international markets. With two billion Muslims worldwide, the global trade in halal food is estimated at around USD350 million annually.

    It is not just food that can be certified halal.

    Halal financial services, drugs and cosmetics also serve Muslim consumers. In 1990, the Islamic food and nutrition council of America gave halal accreditation to 23 clients. By 2006, it had around 2,000 companies worldwide.

    Although the Golden Churn butter scare started in Johor in April, Jakims tests, conducted by the! Chemist ry Department confirmed that contamination was confined to a batch of samples taken from a coffee house in Johor. Tests by independent labs in Malaysia proved negative.

    On Aug 1, the executive chairman of Ballantyne foods, Andrew Ballantyne, reassured its Muslim customers and said that each delivery of butter out of Australia and New Zealand carried mandatory quality standards from relevant government food authorities including Food Standards Australia New Zealand (FSANZ), the Australian Quarantine and Inspection Service, (AQIS) and the New Zealand Food Safety Authority (NZFSA) in additional to strict halal certification requirements.

    He added that supplies of butter to Malaysia had been certified halal by the New Zealand Islamic Processed Food Management (NZIPFM), a recognised Islamic authority in New Zealand, which was accredited by Jakim to certify products manufactured in New Zealand.

    Despite Jakims findings, the Assistant Minister in the Chief Ministers Department (Islamic Affairs) Daud Abdul Rahman announced on the Aug 3, that Golden Churn butter was non-halal.

    This is disappointing for makers of Sarawaks famed kek lapis which uses Golden Churn butter.

    The Sarawak importer, Austar Marketing Sdn Bhd, claimed that Golden Churn butter chalked up around RM6mil sales a month for the Raya celebrations and that 80% of the butters purchasers were Muslim.

    Someone trying to corner the market?

    Is someone trying to corner the halal market and stock Sarawak shelves with its own brand? Or did the importer refuse to pay a retainer to someone in Jais, Jakim or the Sarawak CMs department? Similar stories of such irregularities abound amongst importers of various items.

    Why did Jakim flip-flop about the halal sta! tus of G olden Churn? When Jais and Jakim, religious bodies which represent the state and the nation respectively, contradict each other, mixed messages are sent to consumers.

    The Ballantyne operation is not a fly-by-night farm operation with a few cows roaming around make-shift sheds, like we used to see in Malaysia. Ballantyne is an industrial set-up with thousands of cows and millions of litres of milk being sent for processing using sophisticated machinery.

    Ballantyne has confirmed that it only uses high quality cream that is churned into butter. The ingredients are: cows milk, milk solids (non fat), moisture and 1.5-2 percent salt. No other additions, colours or preservatives are permitted.

    How is it that only samples from the Sarawak butter were found to be non-halal? Is Jais saying that the milk solids are tainted? When would porcine milk, which in itself is difficult to obtain, get into the system? Has someone produced a copy-cat version of Golden Churn butter?

    But did the spat escalate when the Ballantyne regional representative Hemmat Nasrallah slighted Daud, by speaking to the press?

    Daud has avoided Hemmat and said, Were not out to make peoples lives difficult. We would like to see all the products as halal.

    Really?

    If that wasnt bad enough, the testing methods and standards between the different states and nations, are not uniform.

    We have seen a serious deficiency in standards of Malaysian laboratories and methods of testing. Pathological specimens and examinations have been compromised: A Kugan, Teoh Beng Hock and Aminulrasyid Amzah are but a few examples. The latest Sodomy II trial is another abysmal failure of our analytical institutions.

    How can we expect the ulama, the experts in food and nutrition, as well as food scientists to engage and agree on setting the standards? Perhaps, pigs will fly before they come to a concensus.

    Mariam Mokhtar is a FMT columnist.


    Sarawak govt constantly ignoring court rulings


    KUCHING: State opposition PKR has accused the Sarawak government of abusing and misusing the office of the state Attorney-Generals Chambers (A-G) to defend the wrong-doings of a few who continue grabbing native customary rights (NCR) land.
    According to PKR vice-chairman See Chee How, the state government is constantly denying court rulings favouring natives on NCR land.
    The High Courts, the Court of Appeal and even the Federal Court have spoken and ruled on the recognition of NCR according to the customary practice of the natives concerned, but the state government chose to have its own restrictive interpretation.
    The state government is in its denial mode and likely to continue doing so, no matter how many cases are decided in favour of the native communities that have chosen to stand up against the state Barisan Nasional regime.

    To me, it has reached the extent that it is an abuse and misuse of the office of the state Attorney- Generals Chambers to defend the wrong-doings of a few who continue their land grabbing, he said.
    See, who is also Batu Lintang assemblyman, said the most affected are the investors as they will not be able to recover their investments, having paid dearly for the land and ended up having to re-negotiate with the native landowners.
    In the first place, they should have been able to have (direct) joint ventures with the native landowners and thereby derive mutual benefits.
    Instead, they used Pelita (Land Development and Protection Board) and deprived the natives of their rights.
    Losing investors trust



    The state government is gradually but obviously losing the trust of genuine investors.
    Eventually, more and m! ore of t he rural landowners will realise their mistakes of voting for these BN politicians.
    The popular votes for the BN had been slashed 8% in the last state election to 55%.
    It is losing ground and it is just a matter of time that they will be voted out of office, said See.
    See, who is a lawyer with Baru Bian Advocates, was commenting on a suit brought by Jubang Anak Punjab, Juslin Majang Anak Pundu, Mat Anak Tanggon and the residents of Kampung Sual, Simunjan, against First Binary Sdn Bhd, the director of forestry, the director of Land and Survey Department and the state government for encroaching into 168 acres of their NCR land.
    The Kuching High Court Judicial Commissioner Ravinthran Paramaguru, who heard the case, declared that Jubang, Juslin Majang, Mat Anak and the residents of Kampung Sual are the owners of the disputed 168 acres.
    Ravinthran said that in view of his acceptance of the evidence on oral history and tradition in respect of the NCR land claim over the disputed area, he was only prepared to grant a declaration that the plaintiffs have established NCR over the 168 acres.
    As the plaintiffs have only succeeded partially against the government, I shall reduce the costs that they are entitled to.
    I shall order the second defendant (director of forest), the third defendant (director of Land and Surveys) and the fourth defendant (the state government) to pay costs of RM30,000 to the plaintiffs.
    In so far as the first defendant (First Binary) is concerned, at the time the suit was filed in 2007, the timber licence subsisted.
    In the premises, I shall order the first defendant to bear their own costs, he said.
    See represented the natives, while Allan Lao and Lidwina Kiew of Messrs David, Sagah and Teng Advocates, Kuching, appeared for First Binary.
    Dayang Jamillah Tun Salahuddin of the state Attorney-Generals Chambers represented the director of forestry, director of Land and Survey Department ! and the state government.
    So far, Baru Bian Advocates has successfully represented more than 10 NCR land cases and more than 100 are still pending at the High Court.




    Saiful's sperm in own anus...

    Australian DNA expert Dr Brian McDonald remained on the witness stand for the second consecutive day in the Anwar Ibrahim sodomy trial.

    McDonald, who is the fourth defence witness, testified yesterday that chemist Dr Seah Lay Hong's testing was not according to international standards following errors in labelling and not swiping the sample on a receptacle.

    This follows the discovery that two out of 10 samples having faulty labels when it was stated on the container that they were taken on June 26, 2008. This was despite that the medical examination was done on the alleged victim, Mohd Saiful Bukhari Azlan, on June 28.

    McDonald also testified such incompetence behaviour could have resulted in the chemist being sacked from his or her job.

    It was also revealed that the Chemistry Department's forensic division has yet to receive the international accreditation required when it was placed on probation in 2005. The probation had been extended twice since 2010, and it will end this October.

    McDonald, who is also an evaluator for the 17250 international certification and standards, said that the chain of movement of evidence and the treatment of samples were vital in any investigation.

    LIVE REPORTS

    9.15am: Court proceeding begins with High Court justice Mohamad Zabidin Mohd Diah presiding.

    9.16am:
    DNA expert Dr Brian McDonald called to take the witness stand to continue his testimony.

    9.35am: McDonald explains how a chemical called DTT is used to break sperm cell to retrieve DNA.

    He says the samples were not label properly - they were only labelled B1 to B9.

    9.42am: Mc! Donald s ays chemist Dr Seah did not indicate where the swab came from. "The HKL (Hospital Kuala Lumpur) doctors did not use the same numbering system employed by her.

    "We have to assume where the swab came from as this is not reflected in Seah's report," he adds. McDonald says Seah must verify whether the sample came from the anal and rectum in sodomy cases.

    "It could come from a cigarette butt. Seah did not provide the information in the report. She has not reported anything on the sample whether it came somewhere or another."

    9.51am: McDonald says what we have is DNA attributed from the complainant. "That is the case of the complainant's semen is in his rectum," he says.

    9.53am: McDonald says you cannot assume Saiful's sperm is in his own rectum.

    9.54am: The witness alleges Seah did not do the test properly as the complainant's DNA should not be there. "I would say Seah's evidence is a guess."

    Ram: Why is that?

    Dr McDonald: Because she did not make a slide on the receptacle. That is only way to determine.

    9.58am: McDonald says it is possible that Saiful's sperm was in his anus.

    "If she had done it properly, we can cut out on such a possibility. The sample taken cannot be relied on cause (it contain Saiful's DNA)."

    Ram: Can we conclusively say that Saiful's sperm is not in his anus?

    McDonald: No, she is guessing that there are other cells. She did not do the DEP test properly.

    10.04am: McDonald says the Male Y is predominant in B7 the low rectal swab.

    (It was earlier testified that 'Male Y' DNA was found on B7, B8 and B9.)

    10.05am: McDonald says Saiful's DNA was predominant in B8 - the high rectal swab.

    10.07am: McDon ald says, "We cannot discount Saiful's sperm was up in his own anus."

    10.15am: The DNA expert explains the strenuous process necessary to isolate sperm where the samples had "to clean" a couple of times.

    10.17am: Defence lawyer Ram Karpal who has been doing the examination-in-chief of McDonald requests for a brief break.

    Judge orders the court to stand down.

    10.50am: Court resumes.

    11.02am: McDonald goes through the results of the samples taken from Saiful.

    more to follow....

    source:malaysiakini

    cheers.


    Time for co-opetition in politics

    Theres an interesting management book written by two authors which must be taken up as reading material.

    Authors Barry J Nalebuff and Adam M Brandenburger used the term co-opetition as the title of the book, published in 1996, on game theory.

    The term co-opetition term implies that while you compete you must also cooperate. Co-opetition refers to the inter-dependence in which competition and co-operation occurs between two or more firms.

    Co-opetition involves competitiors actively working together to create a new enterprise to compete in the market place.

    It is fundamentally a cooperative activity involving customers and suppliers which a company wants but cant accomplish or acquire alone (read MAS-AirAsia merger).

    Co-opetition as such requires different skills and mind-sets.

    The excellent strategist seeks to gain market share not through having the lowest costs in the business, but through using that position as a means to an end the object being industry leadership.

    Thats where co-opetition comes.

    New paradigm

    These two competing and cooperation seemingly contradicting postulates are in reality two sides of a coin.

    In the game of politics, the same idea should be adopted.

    For example, Umno needs to cooperate with its competitors on common grounds such as the war against corruption, advocacy of the rule of law, establishing the rules of the game to compete.

    We are all for those things.

    But Umno people must have an open mind Umnos willingness to co-opetitate must not be seen as a weakened position.

    Remember our long-term interest is to secure market leadership.

    Our competitors, too, need to embrace this new way of competing and cooperation at the same time.

    We can agree! on cert ain principles and universal values.

    This new paradigm is worth looking into.

    Umnos wasteful enemy syndrome

    Very often politicians from both divides have the human tendency to try to blow them out of the water when challenging other competitors.

    Sadly, this tendency is present in the two biggest Malay parties Umno and PAS.

    When challenged in turn, the tendency is to denigrate the opposition and to engage in wishful thinking about its certain total failure.
    And when that fails to materialise, the next step is to go to extremes in the attempt to assert the threatened superiority.

    PAS has been quick to label Umno people as infidels (when its superiority as spokesman of Islam is threatened) while Umno has been calling PAS an empty vessel making a lot of noises about Islam but hasnt implemented anything to that effect.

    Think of the wastage. Nobody has calculated the total cost on Umno and its losses in its effort to drive PAS from its position in Kelantan.

    Nobody has calculated the costs involved when trying to blow PAS out of the water and the cost to PAS as it attempts to inflict the same on Umno.

    Umno itself handed Kelantan into PAS lap in the 1970s when it decided to include PAS into the Barisan Nasional.

    Umno became host to the political germ in the form of PAS. Both are offering similar products complementing each other.

    Zero sum game

    Umno could have better spent its resources had it applied them to states like Penang , Perak and Selangor.

    Because these are offering competing products.

    The problem with Umno is, it has this enemy syndrome which encourages wasteful choking up of resources on its part, which is confronted with reciprocal behaviour from PAS. The end result is the weakening of the two political parties.

    Sadly this enemy syndrome is more pronounced in Umno than in PAS.

    I mean we can compete but not to the extent of each trying to use s! corched- earth tactics on each other.

    If you offer similar products and you compete mercilessly, its a zero-sum game. You cant get more without lessening what the other gets.

    As Nalebuff and Brandenburger note, the win-lose is the best strategy so long as you get the win.

    As the last seven or eight elections have shown, Umno cant win like it has in the past.

    And in the 12th general election in March 2008, Umno lost five (now four) states and its two-thirds commanding majority.

    So, it has to abandon this notion, that it can annihilate the enemy. Its better for Umno to focus on how to do well for itself.

    Also read:

    Umno must compete without killing opposition


    The writer is a former Umno state assemblyman and a FMT columnist.


    Fitnah#2: Sampel yang Diuji Jabatan Kimia TIDAK SAH

    Mengikut kenyataan pakar Genetik Australia Dr Brian McDonald di mahkamah semalam, sampel yang diuji oleh Jabatan Kimia untuk menuduh Anwar meliwat Saiful.

    Sampel inilah yang telah diuji Jabatan Kimia yang membawa kepada kenyataan Jabatan Kimia bahawa terdapat air mani Anwar dalam jubor Saiful.

    Mengikut Dr McDonald, sampel tersebut tidak sah akibat kerosakan. Hujjah Dr McDonalds adalah seperti berikut:

    1.0 Sampel itu diuji oleh Jabatan Kimia lebih dari 90 jam selepas kejadian. Mengikut pengalaman Dr. McDonalds, selepas 90 jam, sudah tiada lagi air mani yang wujud di dalam sampel tersebut. Bagaimana Jabatan Kimia boleh menjumpai air mani Anwar dlm sampel tersebut?

    2.0 Sewaktu sampel disimpan oleh Polis, (DSP Prirera) sampel tersebut tersimpan di suhu bilik. Ia berada di dalam simpanan polis Bricksfield selama lebih 43 jam. Ini bererti kadar kejatuhan air mani menjadi lebih cepat dari biasa. Hasilnya, pada masa sampel diuji, hampir pasti sampel tersebut tiada lagi DNA yang wujud kerana semua "sperm" telah mati.

    3.0 Ahli kimia kerajaan tidak mengikut prosedur apabila menguji sampel yang mengandungi campuran lebih satu DNA. Mereka cuma mengandaikan hanya ada satu DNA padahal fakta menunjukkan terdapat lebih 3 DNA dalam sampel yang diambil dari Saiful. Ahli kimia kerajaan juga dianggap berbohong kerana menyatakan sampel tersebut hanya ada SATU DNA sahaja, padahal ia ada tiga.

    4.0 Tarikh sampel diambil dan dilabel juga salah dan tidak dibetulkan sampai hari ini.

    5.0 Makmal Jabatan Kimia juga belum mendapat akreditasi antarabangsa menyebabkan keadah yang digunakan oleh mereka tidak selaras dengan standard dan piawaian antarabangsa.

    6.0 Dr McDonalds juga berkata, kesilapan2 yang dilakukan oleh ahli2 kimia Kerajaan itu akan menyebabkan pembuangan kerja secara otomatik sekiranya ia dilakukan di Austalia. Ia juga boleh menyebabkan tertuduh dihukum mati atau penjara dgn salah.

    7.0 Ada kemungkinan air mani! yang di uji oleh Jabatan Kimia itu bukan yang datang dari jubor Saiful tetapi dari sumber lain. Kerana pada waktu air mani itu sampai ke Jabatan Kimia, semua sperm telah mati.
    Akhir kata, UMNO beriye-iye ke hulu ke hilir kata ada air mani dalam jubor Saiful Hakikatnya, tidak mungkin JAbatan Kimia boleh menjumpai air mani dalam jubor Saiful berdasarkan kesilapan2 dan kaedah yang digunakan Polis dan Jabatan Kimia yang tidak mengikut piawaian antarabangsa.

    Kena tipu lagi kita rakyat Malaysia dgn UMNO.


    Tulang Besi



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