Pakatan Rakyat (PR) Social Political Buzz & Bulls

The charge against Mat Sabu

"But while one man standing in the road is a nuisance, a mere distraction, 10 men standing together are far harder to ignore. And if those 10 become 100, a thousand, a million, a billion even, they become a force so big, so strong and so united in their common cause that those who espouse hatred will face a very simple choice." : Prime Minister Najib Razak's Oxford speech - 17th May 2011

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Wednesday, September 21, ! 2011

The charge against Mat Sabu

Mat Sabu is charged today for criminal defamation. I have not read the exact charge. However from various reports, apparently he is charged for criminally defaming the police, soldiers or their families.

I dont want to say much about the charge as I dont want to be hauled up for making comments while the case is going on and thereby breaching the sub-judice rule (actually I think sub-judice rule is not even applicable in Malaysia, but thats another issue).

We now see it fit to even abolish the ISA and Emergency Ordinance for the sake of freedom and liberties. We now see it fit to repeal the Printing Presses and Publication Act to restore freedom of speech to the people. However we cannot even treat opposing views and different interpretation of historical events or facts with respect and civility.

On this score, I am against all the police reports against Mat Sabu as well as against Professor Zainal Kling for their respective statements and opinions. A mature society and democracy should be able to deal with differing opinions calmly and of course, intellectually.

There are various other people who should be charged for sedition. I dont have to list them out here. But they are not so charged. I wonder what has happened to the investigation on the Christian conspiracy and why it has taken such a long time to complete.

I am not in support of what Mat Sabu has said. I have to make this clear. In fact I am not in love with PAS either. This post is simply about the law.

I know a thing or two about the law of defamation, having done about 10 defamation cases involving some prominent personalities and establishments in my career. This is all I have to say about defamation:

i) you cannot defame the dead under our law. The rationale is the dead cannot have a reputation to protect. Nor can the estate of the de! ad have reputation.

ii) for somebody to be guilty of defaming a person, he/she must have uttered an untrue statement which essentially lower the reputation of that person or put that person in public odium. Now, if Mat Sabu said that Mat Indera was a freedom fighter in the Bukit Kepong event, the AG would have to show how that statement had lowered the reputation of the police/soldiers or their family or put them in public odium.

iii) there must be a specific party or person or group of persons being defamed. Meaning, the statement uttered must refer to, or must be capable to be understood as referring to a specific person or group of persons. For example, if I say Ahmad is a rapist, not all Ahmad can sue me if my statement is untrue. My statement must refer to a certain Ahmad or must be capable of being interpreted to refer to a certain and specific Ahmad. Otherwise all the Ahmads in the world would be allowed to sue me for defamation. So, in this respect, the AG must be able to prove that Mat Sabus statement had indeed referred to or was capable to be interpreted as referring to a specific person or group of persons.

I am sure the AG and his people have given great and in-depth thoughts and consideration to all legal factors before proffering the charge against Mat Sabu.

I wish the AG good luck in this case.

1 comments:

Anonymoussaid...

He does not need any luck...he has all the power to do what he wants or likes...that is Boleh land

21 September 2011 16:53

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Art Harun believes that he is a failed government experiment, abandoned and left alone to roam the streets after all remedial efforts yielded no positive result. He calls himself a non-governmental organism, practices law for a living and tries very hard to play guitar, sing, race cars and write some stuffs to stay alive.

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Former CJ Zaki - I did not interfere,played no role,was not involved ,did not even constitute the panel...

The former chief justice has claimed to have played no role in cases involving the Perak constitutional crisis or those which involved political parties during his tenure.

Zaki Azmi, who was once the Umno legal advisor and disciplinary committee deputy chairperson, said this was necessary to avoid allegations of bias.

One case that was closely watched was the suit filed by Pakatan Rakyat's Mohd Nizar Jamaluddin against the BN's Zambry Abd Kadir, to determine the legitimate menteri besar of Perak.

In an interview, Zaki insisted that he had no role in this case and that the bench at the Court of Appeal and Federal Court had been decided by his deputy - Court of Appeal president Alauddin Md Sheriff.

I did not sit on any cases which are not only political, but have a flavour of politics. I did not even constitute the panel. I told my Number Two: 'You go to constitute (form) the panel. I don't want'.

The crisis in Perak had unfolded in February 2009, after three Pakatan Rakyat lawmakers resigned from their respective parties and declared themselves as 'BN friendly' Independents.

A new BN government led by Zambry was swiftly sworn in, while Nizar responded by filing a suit seeking a declaration that he was the legitimate menteri besar.

On May 11, the Ipoh High Court ruled in Nizar's favour. The Court of Appeal allowed Zambry's application for a stay order the next day, leading Nizar's lawyers to question the swiftness of the procedure.

The High Court ruling was eventually overturned by the Court of Appeal and upheld by a five-member Federal Court panel.

At the time, questions were raised as to why a single jud! ge - Jus tice Ramly Ali - was arranged to hear the application for a stay order when there were two three-member Court of Appeal panels hearing cases that day.

Asked about this, Zaki again said he was not involved and that the the court registrar had arranged for Justice Ramly to hear the application.

On Nizar's failed attempt to convince the Federal Court to have a full 11-member bench hear his case, Zaki stressed once more that he was not involved - the composition of the panel had been assigned to Alauddin.

It was constituted by my Number Two. He (thought) a five-member bench (was) sufficient. (But) if you ask me, why do you need more? Nine, 11, 13, 15 or 21? Does it make sense?

Maybe out of 13, one or more will decide in their favour (and they will say it) is the correct decision... This is not how we practise law in Malaysia.

'No intervention'

When told that the case was bound to deliver a landmark decision due to the nature of constitutional matters raised, Zaki pointed out that other cases had been heard by a smaller bench.

These include a civil suit by then Sarawak Chief Minister Stephen Kalong Ningkan against governor Tun Abang Openg and Tawi Sli, in the Kuching Federal Court in 1966. A three-member bench presided.

Nizar's suit bears close semblance to Kalong's legal attempt to hold on to his office. Kalong was challenging the governor's decision to demand his resignation after 21 out of 42 state legislators had signed letters stating that they no longer had confidence in the chief minister.

There are many other more constitutional cases since Malaysia gained Independence and there are so many more political cases including Stephen Kalong Ningkan (that were) decided by a three-member panel. Why (has) it become so important to have five, nine or 11 (members)? asked Zaki.

The norm in Malaysia has been only thr! ee judge s, while just 10 percent of cases saw a five-member panel. There has been only one occasion where a seven-member Federal Court panel was constituted over a case concerning the burden of proof.

When pointed out that majority of the Federal Court judges involved in the Nizar suit and another suit brought by former Perak state legislative assembly speaker V Sivakumar (left) were the same, Zaki again stressed that he had no hand in the selection of judges.

It was not constituted by me. I am expressing my views as an ordinary person now, not (as) the former chief justice. Many will not agree with me but there will be many more who will agree with me.

In Sivakumar's case, as I said, I did not constitute the panel. I do not know whether President of Court of Appeal (Alauddin) consulted with then Chief Judge Malaya (Arifin Zakaria).

He could have consulted (me) but I (did) not want to know. I did not even bother to ask. Honestly, I (didn't) try to influence them. I (didn't). I only know what was reported later in the papers.

On cases where there might have been conflict of interest, Zaki said he did not handle any matters involving his former law firm, Shahrizat Rashid and Lee.

When I was President Court of Appeal, the UEM case came (up). Justice Gopal Sri Ram (right) was in the panel (at the Court of Appeal). He reversed the decision by (the High Court).

UEM was my former client and the decision went against my former client. I did not interfere and I did not even constitute the panel. (I directed) the (Court of Appeal) registrar (to) constitute the panel.

I told the registrar 'I do not care and I do not want to get involved'. Yet UEM my former client lost the case, and if I wanted to interfere that (would have been) the best case to.

Why don't you publicise that for me if you want to talk about independence? You should write that the! decisio n went against my client. Please give me credit.

Although UEM lost its case in the Court of Appeal, the decision was overturned by the Federal Court.

source:malaysiakini.

Zaki nafi terlibat krisis perlembagaan Perak

cheers.

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Pembahagian kerusi di Selangor, Melaka selesai

PETALING JAYA: PAS di beberapa buah negeri telah berjaya menyelesaikan rundingan dengan PKR dan DAP berhubung pembahagian kerusi untuk pilihan raya umum (PRU) ke 13.

Sebelum ini, Ketua Penerangan PAS, Datuk Tuan Ibrahim Tuan Man mengarahkan rundingan pembahagian kerusi terutama dengan PKR mesti diselesaikan sebelum akhir bulan ini.

Rundingan PAS dengan PKR menjadi keutamaan kerana kemungkinan berlaku perebutan kerusi majoriti Melayu antara kedua-dua parti Pakatan Rakyat itu.

Kita tahu beberapa negeri belum menyelesaikan rundingan pembahagian kerusi membabitkan rakan Pakatan Rakyat terutama dengan

PKR. Tetapi saya berharap ia akan dapat diselesaikan secepat mungkin sebelum bulan September ini berakhir, kata Tuan Ibrahim yang juga Pesuruhjaya PAS Pahang.

Timbalan Pesuruhjaya PAS Selangor, Khalid Samad berkata, hanya satu dua kerusi yang belum diselesaikan.

Sikit punya hal, hanya satu dua kerusi yang perlu dibincangkan, katanya yang juga ahli parlimen Shah Alam.

Serah kepada Pusat

Beliau menambah, PAS Selangor telah menghantar senarai kerusi Parlimen dan Dewan Undangan Negeri (Dun) yang akan ditandingi kepada ibu pejabat agung PAS.

Bagaimanapun, beliau menyebut satu dua kerusi yang tidak dapat diselesaikan itu akan diserahkan kepada pimpinan PAS Pusat untuk dimuktamadkan.

Pada PRU 2008, PAS bertanding 15 kerusi Dun dan lapan kerusi Parlimen di Selangor.

PAS Melaka juga sudah berjaya menyelesaikan rundingan pembahagian kerusi dengan PKR negeri itu, kata Timbalan Pesuruhjayanya, Kamaruddin Sidek.

Pihak kami akan menghantar senarai kerusi yang ditandingi PAS kepada pejabat agung parti tidak lama lagi. Kami kekal dengan status quo PRU 2008 iaitu PAS bertanding satu kerusi parlimen i! aitu Mas jid Tanah. Untuk Dun, PAS akan meletakkan calon untuk 12 kerusi, katanya.


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PAS tolak dakwaan akan hilang undi kerana DAP

PETALING JAYA: Rata-rata pemimpin PAS menolak ramalan bahawa PAS akan kehilangan undi Melayu di peringkat akar umbi.

Masalah hanya akan timbul sekiranya DAP memperjuangkan isu masyarakat Cina secara keterlaluan. Tetapi DAP tidak begitu, kata Ahli Parlimen Shah Alam Khalid Samad.

Beliau berkata demikian ketika mengulas ramalan Profesor Dato Dr Shamsul Amri Baharuddin.

Semalam, penganalisa politik tersebut dilaporkan sebagai berkata bahawa kempen DAP yang terlalu memfokuskan kepada undi Cina akan menyebabkan PAS kehilangan undi Melayu di peringkat akar umbi.

DAP menjalankan kempen mengenai urus tadbir baik dan keadilan untuk semua seperti juga PAS dan PKR.

Masyarakat Cina menyokong DAP kerana isu tersebut, jelas Khalid yang juga adalah Timbalan Pesuruhjaya PAS Selangor.

Beliau turut menggesa masyarakat Melayu untuk bersatu menyokong gabungan Pakatan Rakyat.

Masyarakat Melayu perlu berada di hadapan dalam menyokong isu yang diperjuangkan seperti masyarakat Cina.

Khalid juga yakin bahawa ura-ura keterlaluan DAP akan diputar belit oleh Umno untuk meraih undi Melayu.

Kempen PAS Ganti Umno

Sementara itu, Ketua Lajnah Perpaduan Nasional PAS, Dr Mujahid Yusof Rawa turut menolak ramalan Shamsul kerana pendekatan berkempen sudah dipersetujui oleh Pakatan Rakyat.

Pakatan Rakyat telah pun bersetuju secara prinsip dalam kempennya iaitu kedudukan Islam sebagai agama rasmi, kedudukan istimewa orang Melayu dan kedudukan raja-raja.

Beliau menambah bahawa ramalan tersebut hanya cubaan Umno untuk mendapatkan undi Melayu sebaliknya Pakatan Rakyat berjuang untuk segenap lapisan masyarakat.

Semua orang adalah rakyat Malaysia dan mempunyai hak yang dijamin di bawah Perlembagaan.

Beliau menamb! ah PAS t elah pun memulakan kempen PAS Ganti Umno pada tahun lepas.

Jika masyarakat Melayu bimbangkan kempen DAP keterlaluan mereka sepatutnya mengundi PAS agar PAS boleh mewakili kepentingan

Melayu dan segenap lapisan masyarakat, kata Mujahid yang juga merupakan Ahli Parlimen Parit Buntar.

Ketua Dewan Himpunan Penyokong PAS, Hu Pang Chaw pula menolak dakwaan bahawa kempen DAP akan memberi kesan seperti mana yang diperkatakan oleh Shamsul.

Kita akui bahawa DAP memperjuangkan majoriti isu masyarakat Cina tetapi mereka juga memperjuangkan isu masyarakat Melayu, India, Kadazan dan sebagainya, kata Hu.

Lihat juga:

BN dijangka lebih cemerlang di dalam PRU 13


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Bolton to launch projects with GDV of RM3b

SHAH ALAM: Market-listed property developer, Bolton Bhd, will be launching projects with a gross development value (GDV) of RM3 billion over the next 12 months.

Executive director Chan Wing Kwong said for the current financial year ending March 31, 2012, the group has three projects to be launched with a total GDV of RM1 billion.

We have also received preliminary approval for our proposed revision to the development plan of the 1.74 hectare Jalan Mayang land in the KLCC area, which we plan to launch next year, he told reporters after the group annual general meeting here, today.

He said the project will be a mixed commercial development with an estimated GDV of RM1.8 billion.

Chan said the group is still considering more land acquisitions while looking for potential joint venture development opportunities.

We have to continue to push the envelope in terms of creativity and innovation with regard to product range, marketing strategy, business development and customer service, he added.

For the financial year ended March 31, 2010, the group posted a lower pre-tax profit of RM20.3 million as compared to RM50.7 million previously, while revenue was down to RM243.8 million from RM257.5 million.

The decline in pre-tax profit was due to one-off charges, namely, the mark-to-market losses on quoted securities of RM6.5 million and higher marketing expenses of RM17.6 million incurred due to the record sales performance achieved during the year.

Boltons executive chairman Azman Yahya considers the lower earnings to be an anomaly, as when the group begins to deliver on its projects, it will be reaping the benefit of higher profits.

Our comprehensive income for the year was RM31.8 million. Of equal importance is that we amassed RM64 million cash from our operation, which put us in a firm position to sustain our growth plan, he said.

The group recorded RM586 million in sales, the highest in its 47-year history, representing a 125 per cent increase over the ! RM260 mi llion achieved in the last financial year, with unbilled sales of RM484.6 million as at March 31, 2011.

- Bernama


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Saiful's sperm in his own anus shows "the swab never came from his "ass"...

Stung by what he perceived to be a silly line of questioning by the prosecution, Australian DNA expert Dr Brian McDonald snapped at Solicitor General II Yusof Zainal Abiden, who kept questioning him on how sodomy complainant Saiful Bukhari Azlans sperm cells had made their way into his rectum.

The swab never came from his ass, McDonald told the court hearing the sodomy charges pressed by Prime Minister Najib Razak against Opposition Leader Anwar Ibrahim.

The DNA evidence does not tell us that there is no semen from the complainant on that swab ... or the swab never went near his ass.

McDonald said the available DNA evidence could not show how it could have happened, pointing out that the physical impossibility suggested that the swabs may not be genuine.

Dr McDonald explained he had no idea if the samples analyzed and reported by government scientists were genuinely taken from Saifuls posterior. He said he could only tell what he knows based on what was recorded.-Malaysian chronicle

2.20pm: Court resumes.

McDonald shows Seah's testimony in which she said the Petaling Jaya lab is accredited by ISO17025.

"I interpret it that Seah said Malaysia lab is accredited with ISO17025. She has not corrected it, anyway."

2.24pm: Yusof says Seah testified that the PJ lab was accredited with ESCLAP in 2005.

Yusof: Where is it did she say it is certified by ISO17025? When she gave evidence, she testified as head of forensics?

McDonald: The question was put and she said '17025'. If it was only accredited b! y ISO900 0, then she should have said ISO9000.

2.34pm: Yusof suggests McDonald is making an inference.

McDonald says he may have made assumptions.

2.36pm: Yusof says there is a report that there was a question whether the lab had been accredited internationally.

McDonald says the ISO9000 is one certification and 17000 series is another.more to come

2.42pm: Yusof asks what it is that Seah did not do.

McDonald says she did not do the slides as required.

source:malaysiakini

Breaking News

Najib, Rosmah seek to strike out subpoena

Prime Minister Najib Razak and his wife Rosmah Mansor are expected to file an application to strike out subpoenas compelling them to appear as witnesses at PKR de facto chief Anwar Ibrahim's on-going sodomy trial.

A source informed Malaysiakini that the couple intend to file their application today.

Details surrounding their application however remain unclear. It is also not known what time they will be filing their application.


Sodomy II: Will Najib and Rosmah dare to appear with GE-13 looming?



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