Is MCO3 legal?

How could an AG not know about this, something that will affect the public at large. I believe if Tommy Thomas had been still in office, he would have urged the govt to gazette the MCO3 prior before enforcing it.

So now, I can only take it that the road blocks, summons issued to 'violators', etc are illegal and the summoneses to be treated as void?

Any legal eagles out there can lend a helping hand here?

https://www.msn.com/en-my/news/national/new-gazette-needed-to-enforce-phase-3-of-mco-says-bar/ar-BB12xfKx?li=BBr8Hnu

Way to go, Siti ....

KUALA LUMPUR, Sept 9 — Lawyer and activist Siti Kasim has justified showing the middle finger to her hecklers at a forum about PAS’ Shariah Bill, describing them as “Islamist hooligans” and “brainwashed morons”.

She said the audience at the forum on “Pindaan Akta 355: Antara Realiti Dan Persepsi” organised by the Karangkraf Group in Shah Alam Monday was full of “Islamists”, or Malays who thought they were trying to uphold God’s laws but who were unwilling to listen to anything else that went against their ideals.

“I have been to so many forums. I have asked hard hitting questions but never in my wildest dream that someday I will show a finger in a forum to the audience.

“I don’t regret it one bit. To me, those Islamists hooligans deserve the finger and more. Crass? Rude? Since when a woman cannot be crass and rude in the face of hooligans and brainwashed morons?” Siti wrote in a Facebook post yesterday.

She also accused PAS secretary-general Datuk Takiyuddin Hassan, who was one of the speakers at the forum about PAS president Datuk Seri Abdul Hadi Awang’s private member’s Bill that seeks to amend the Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), of misleading the audience in terms of the law.

“The speakers from PAS and Umno insisted it is not a HUDUD bill. Of course it is not a HUDUD Bill but it has everything to do with HUDUD. Without this amendment to the limit of punishment in the Shariah Courts, they wouldn’t be able to mete out the punishment already stated in their HUDUD ENACTMENT,” said Siti.

Hudud is an Islamic penal code that imposes punishments such as the amputation of limbs for theft and stoning for adultery.

Siti said the Bill seeks, via the introduction of a new Section 2A in Act 355, to remove the restriction on the range of punishments that shariah courts can impose, which are currently limited to three years’ jail, whipping not exceeding six strokes and fines below RM5,000.

She noted that death sentences cannot be imposed under the new Section 2A, but said the amendment appeared to confer shariah courts with “unlimited power” to impose other hudud punishments.

“Hudud offences include offences like zina (adultery), qazaf (false accusation of committing zina), syrub (alcohol consumption) and irtidad or riddah (apostasy) and according to the Kelantan Shariah Criminal Code (II) (1993) 2015 Enactment, punishment for these is whipping, ranging from 40 to 100 lashes.

“The Bill also seeks to substitute the existing Section 2 in Act 355 with a new section that appears to widen the scope of the Shariah Court’s existing criminal jurisdiction, which is currently limited to offences by Muslims against Islam,” Siti said.

PAS has insisted that Hadi’s private member’s Bill only aims to give the shariah courts stronger punitive powers to offences listed under Act 355, while Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom reportedly said last month that there was a need to strengthen the Islamic courts as most of the fines and jail sentences have purportedly failed to deter offenders. 

[Source: MalayMail Online]

Loretta Lynch, the lady who publicly reported on the 1MDB scandal. Who is she?

The Attorney-General of the United States, Loretta Lynch is a graduate from Harvard Law School whereas, Apandi , the Malaysian AG is a third-grade law graduate from New Zealand -what a difference!!!

Loretta Elizabeth Lynch (born May 21, 1959) is the 83rd and current Attorney General of the United States, having previously served as United States Attorney for the Eastern District of New York. Her tenure as U.S. Attorney began in 2010, and she also held that position from 1999 to 2001. As U.S. Attorney for the Eastern District of New York, Lynch oversaw federal prosecutions in Brooklyn, Queens, Staten Island and Long Island.

Lynch graduated from Harvard Law School in 1984. She then practiced law in New York and became a federal prosecutor in 1990, rising to become head of the Eastern District office. She later returned to private law practice, until she again became the top district prosecutor. From 2003 to 2005, she served on the board of the Federal Reserve Bank of New York.

On November 8, 2014, President Barack Obama nominated her to succeed Eric Holder as Attorney General.[1] On February 26, 2015, the Judiciary Committee of the United States Senate confirmed her appointment by a 12–8 vote, with all Democrats of the committee and three Republicans in favor. 

On April 23, 2015, Lynch was confirmed by the Senate by a 56–43 vote, making her the first African-American woman and the second woman to be confirmed for the position. She was sworn in as Attorney General on April 27, 2015, by Vice President Joe Biden. [WIKIPEDIA]

It is time this Joceline Tan is shown the door. She has gone one article too far and deserves a slap on the face.

The following is an email despatched by the Chief Minister of Penang, YB Lim Guan Eng, to The Star Publications.
 
In the past 4 months, the BN-controlled print and broadcasting media had gone into overdrive with their systematic campaign of character assassination against me by hurling unfounded allegations of corruption involving the sale by open tender of 1 acre of Taman Manggis land. Despite nightly TV reports and acres of newsprint on Taman Manggis land, no corruption charge was filed against me relating to Taman Manggis.

Instead corruption charges were filed against me on another unrelated matter where Ms Phang, the seller of my house, was alleged to benefit from having her land rezoned from agriculture to housing. To date Ms Phang’s land remained zoned as agriculture, following the rejection of her application by the local authority. Clearly, BN intends to create history by finding me guilty of corruption even though Ms Phang did not gain any benefit. On the other hand, BN considers those who have benefited with billions of US dollars in their personal bank accounts innocent and not guilty of corruption.

Such dirty tricks continue with more false allegations on other matters. I have instructed my lawyers to send a legal notice of demand for defamation against “The Star” and its columnist Joceline Tan for its false and misleading report today, “Snap Election for Penang?”. BN-controlled media like The Star had persistently demonised and continued their character assassination against me after 2 trumped-up charges of corruption were filed against me by the Attorney-General on 30 June 2016.

Whilst there is nothing new with these repeated attempts to disrupt party unity and the Penang state government with serial lies, this column by Joceline Tan clearly “crossed the red line” and was made in bad faith to smear my reputation and image with fresh and baseless allegations of impropriety.

This is not the first time that Joceline Tan and The Star had defamed me. I had filed a defamation suit against her and The Star in 2012, which was finally resolved when an apology was published in The Star on 27 October 2013 that states, “The Star fully and unconditionally withdraws the false contents and extends to YAB Lim Guan Eng unreservedly its sincere apologies for any embarrassment caused to him.”

Lim Guan Eng is secretary-general of the DAP and chief minister of Penang.

This is one guy who in all likelihood may give Najib and Rosmah nightmare

Rosmah and Najib must be scared of this Pakistan-born American AG who will make life miserable for the Malaysian 'Royal' couple!!!  He is now involved in investigating 1MDB's illegal money laundering activities.

QUOTE:
This guy, Preetinder Singh Bharara (Preet Bharara) is an American Attorney-General who has prosecuted over 100 Wall Street executives and politicians. Now, he is investigating Najib, Jho Low and 1MDB. Apparently Rosmah has been trying very hard to get in touch with his people to convince him to stop the probe. However, she has been advised that he is non-bribable, he is not scared nor intimidated by anyone and only believes in upholding justice. Not even Obama would be able to convince him. Looks like there is some light at the end of the tunnel..
UNQUOTE

The National Security Council Bill 2015

How oppressive or stringent is the recently-passed National Security Council Act? Is it enacted strictly to combat terrorists who pose a national security threat to the country? Unfortunately, Najib and his administration have certain ulterior motives. This draconian act will give him broader power to deal with any threats even against dissidents, whistle-blowers, critics and also arrest and imprison those patriotic Sabahans and Sarawakians who demand for secession from Malaysia!!!!All these boil down to one thing-Najib is turning into a dictator and he has every intention to rule the country with an iron fist-like it or not!!!!!

Quote:

National Security Council Bill 2015
The Bill was passed in Parliament on Thursday, December 3, 2015. Primarily intended to combat
terrorism, a National Security Council (NSC) will be established and headed by the Prime Minister under the law. It encompasses broad powers to declare ‘security areas’ and arrest, detain and seize property without warrant.

Why are we concerned?
1. Wide powers under clauses — lack transparency, accountability and respect for individual rights Clause 6: NSC consists of PM, DPM, Minister of Defence, Minister of Home Affairs, Minister of Communication and Multimedia, Chief Secretary to the Government, Chief of Defence Forces, and the Inspector General of Police. All are appointed by PM and report directly to the PM.
Clause 18 (1): PM has full discretion to decide where is “security area”
Clause 18 (3) and (4): Initial declaration of “security area” lasts for six months but may be renewed by PM indefinitely
Clause 22-30: Security forces can arrest without warrant; stop and search; enter and search premise; take possession of any land, building or movable property.
Clause 37: All NSC’s affairs are done is absolute secrecy
Clause 38: No action or lawsuit can be brought against NSC
The term “national security” was not clearly defined. It can be “economic stability,” “national unity,” or “political stability.”

2. Hasty passage of the Bill
The Bill was presented to Parliament and passed within two days. Member of Parliaments, lawyers and human rights activists have raised concerns over the lack of consultation. Alor Star MP called it the “death to democracy in Malaysia.”

3. Constitutional validity — overstepping Yang Di-Pertuan Agong (YDPA)’s powers?
The Bill effectively provides the PM emergency powers without the need to declare a state of emergency under Article 150 of the Federal Constitution, which was a power previously exclusive to the YDPA. The extensive powers also mimic those under the Emergency Ordinances, a law that was repealed by the parliament in 2011.

Conclusion
The potential abuse of the law is unsettling. Never had we a law that provides wider and unfettered powers in the hands of a few executive elites. Since there are already enough laws to combat terrorism in Malaysia, a new law that further encroaches on individual liberty is grossly alarming.
The rash manner in which it was passed only fuels speculation on the real basis behind it. We strongly urge the government to withdraw the National Security Bill 2015.

Read more here, "How bad is National Security Council Bill - Malaysian Progressives United Kingdom".

How bad is National Security Council Bill? — Malaysian Progressives United Kingdom - See more at: http://www.themalaymailonline.com/what-you-think/article/how-bad-is-national-security-council-bill-malaysian-progressives-united-kin#sthash.VOyDCcDW.CNtIY9Ml.dpuf

How bad is National Security Council Bill? — Malaysian Progressives United Kingdom - See more at: http://www.themalaymailonline.com/what-you-think/article/how-bad-is-national-security-council-bill-malaysian-progressives-united-kin#sthash.VOyDCcDW.CNtIY9Ml.dpuf

My, my, this certainly does not look good for Najib. A letter from the International Court of Justice.

 

So you want to sue me, Najib? Challenge accepted. See you in court. Now we see who has the balls.

IT'S GOING TO BE AN OPEN SEASON FROM NOW ON

With the Federal Court's decision made this morning, the Church has finally been checkmate. To me, losing this case is not a major concern although a grievous one, but the after effects will definitely be apocalyptic. It will be the beginning of an OPEN SEASON for the bigots to go after the Christians at random using every little reason in their books to torment and humiliate them. We can already see things happening even without the Federal Court judgment. What now the issue has been ruled in favour of them? They will become more egoistic and arrogant, and there will be no stopping them now. 

People like Tee Chuan Seng, Abdullah Zaik, Ibrahim Ali, Noordin Zulkifli and Hasan Ali will be raising the temperatures a few notches higher in the days and weeks to come. Our brethren in Sarawak and Sabah will be having frequent and urgent meetings now to explore the possibility of breaking away from the federation, and all because of one word.

Meet Mark Trowell

For Mark Trowell, an experienced Australian criminal lawyer, alleged sodomy victim Mohd Saiful Bukhari Azlan does not strike him as a "normal" sexual assault victim.


The author of ‘The trial of Anwar Ibrahim, Sodomy II', which has been on the bookshelves since last week, said it appeared Saiful loved to hog the media limelight and he did not mind it - not at all like any other sexual assault victim.

Trowell, who is also an observer for the Inter-Parliamentary Union (IPU) and LawAsia in courts around the world, said it was also not normal for a sexual assault victim not to have a bath for two days.

"I am made to understand that a Muslim, after sexual intercourse, is required to have the ritual bath before he or she can perform prayers. So, the question remains as to how Saiful did his prayers.

"In my 25 years of experience in criminal law, I have never seen someone not bathing for two days to preserve forensic evidence.

"On the contrary, I feel the victim would want to quickly have a shower to remove the perpetrator's body smell.

"In some cases of sexual abuse, the victims would scrub their bodies until nearly wounding themselves, to remove the smell," said Trowell, who is a Queen's Counsel.

Familiar with Malaysian customs

The senior lawyer, who provides reports for the IPU from the trials he observed, has worked extensively both as defence counsel and prosecutor in Australia.

Interestingly, Trowell did have some connection to Malaysia - his father lived in Ipoh during the pre-Merdeka era and as such, the West Australian lawyer is familiar with Malaysian customs.

His reports helped the IPU - the world organisation of Parliaments - to take an informed stand on Anwar's Sodomy II trial.

Trowell's 306-page book is published by Marshall Cavendish Editions and was released at all major bookstores in Malaysia last Wednesday.

The author has been observing Anwar's trial ever since the Sodomy I case more than a decade ago, and the abuse of power case that was taken up to the Federal Court in 2004.

Trowell said Saiful's ability to meet then Deputy Prime Minister Najib Abdul Razak and a top police officer at the Concorde Hotel two days before the alleged sodomy incident added further intrigue to the case.

"In Australia, it would take months to see a minister and Saiful managed to see Najib with ease, after an earlier meeting with him to try to get a scholarship," he said.

Affair with prosecutor
Trowell said it was also preposterous for Saiful to have had an affair with junior prosecutor Farah Azlina Latif, as claimed by Malaysia Today blogger Raja Petra Kamarudin.

"I checked with my colleagues in the Commonwealth countries and none knew of any case where a prosecutor had an affair with the victim. A prosecutor may have had an affair with police personnel, and this has been common, but never with the victim," he said.

"This also raises another question: shouldn't the case be thrown out by the trial judge (Justice Mohamad Zabidin Mohd Diah) when the matter surfaced?

"The fear is that although she is a junior prosecutor, she could have discussed the case with him during their meetings."

Trowell said this would affected the trial since Saiful (far right) could have been coached to corroborate his evidence with that of other prosecution witnesses through Farah Azlina, for she could have known the statements of the other witnesses that were not provided to the defence.

However, he added, to the credit of the Attorney-General's Chambers, they removed Farah Azlina from the team as soon as the allegation surfaced.

However, Trowell maintained, the judge should have dropped the case altogether at that point.

"The question remains as to whether Saiful truly did have an affair with her. I feel the judge was inclined to believe so, despite not wanting to take action against the prosecution," he said.

'Prosecution must be a model litigant'

The twists and turns in the trial led him to writing the book, which Trowell described as "not a political commentary but a case study" to provide legal insights into a highly-charged case.

In any court case, Trowell said, the prosecution should be seen as "a model litigant", where it must conduct the trial fairly and transparently.

In Australia, documents on a case are given to the defence, regardless of whether these are in the favour of the defence or not.

"All of these are given by the prosecution. There is no question of withholding back anything. That is why case management is important to ensure the smooth running of a trial.

"As you can see in Anwar's sodomy trial, some of the documents such as the witness list were not provided to the defence, despite justice Zabidin initially ordering so.

"That is why the trial took two years. In Australia, such a trial will not take that long. Usually four to seven weeks, at most," he said.

Trowell's book has a foreword by retired Australian High Court judge Michael Kirby, who commented that the book is "well written and a readable account of extraordinary events that are of significance to Malaysia, its laws and politics".

[Source: Mkini]

UMNO Youth - a test of Section 114A

Umno Youth chief Khairy Jamaluddin will lodge a police report today over a controversial posting on a Facebook page purportedly owned by the political wing that has sparked a public uproar over its provocative religious message in the run-up to national polls.

The Rembau MP took to Twitter to distance the wing from the controversy after it was reported by The Malaysian Insider yesterday, the start of the Muslim holiday Aidilfitri.

“Yes, not our FB page,” he said in a reply to a follower on his Twitter account ‏@Khairykj.

“Update: We have narrowed down the admin of the unsanctioned Pemuda UMNO FB page w/ offensive post. We will lodge a police report tomorrow,” Khairy (picture) added.

He did not disclose the identity of the administrator or any further information.

Lokman Noor Adam, an Umno Youth executive council member, also denied knowledge of the controversial posting or that the wing had a Facebook page.

“Pemuda Umno does not have a FB page. We only have an official website,” he told The Malaysian Insider when contacted today, referring to the popular social network by its initials.

“This is the first time I am hearing such a thing,” he said, adding that he was unaware of any picture being uploaded on the Facebook account bearing the Malay party’s name and logo.

Lokman also said that he had not been told of any police complaint being filed over the provocative posting and attempted to play down the controversy.

“I don’t think anyone cares about the picture and what it says,” he said.

The controversial posting was first posted on the eve of Aidilfitri, and had read: “Jika anda setuju untuk jadikan KRISTIAN sebagai agama rasmi persekutuan Malaysia, teruskan sokongan anda kepada Pakatan Rakyat. (If you agree to make CHRISTIANITY the official religion of the federation of Malaysia, continue supporting Pakatan Rakyat.) ‘God bless you my son’.”

The Facebook post appeared to suggest that a vote for Pakatan Rakyat (PR) will catapult Christianity into Islam’s unquestioned position as Malaysia’s religion, showing that faith is still being used to scare off the crucial Malay-Muslim vote in the run-up to national polls.

The picture is a reminder of Malay daily Utusan Malaysia, which last year placed on its front page an unsubstantiated report suggesting that the DAP was conspiring with the Church to install a Christian as prime minister and create a Christian Malaysian state.

It triggered an uproar on the popular social network with some cyber citizens, supporting the statement and others condemning Umno Youth for attempting to fan emotions and religious sentiments between Christians and Muslims on the eve of Aidilfitri, one of the biggest holidays in multicultural Malaysia’s calendar.

PR opposition leaders have also slammed Umno Youth for the incendiary message and demanded that party president and Prime Minister Datuk Seri Najib Razak take action to rein in the wing.

The provocative posting was taken down about 6.30pm last Saturday, after drawing nearly 300 comments on the Facebook page.

[Source: The MI]

Sorry, Khairy, Section 114A of the Evidence Act is very clear that whoever publishes such seditious article is deemed guilty unless the author can prove his innocence.  Now let's sit back and enjoy the show, to see how this new amendment to the Act is going to take its course or will the guilty party be let off the hook by some flimsy excuses.

The French Court finally moves : First subpoena issued

The first subpoena seeking testimonies for the French probe into alleged kickbacks to a Malaysian political figure over the the 2002 purchase of a pair of Scorpene submarines, has been delivered last night, according to NGO Suaram.

"As we sit at the dinner tables right this moment, a subpoena is on the way to Mr Jalbir Singh Chahl's house. 

“The case is moving forward more concretely," announced Suaram coordinator Cynthia Gabriel (right) who is spearheading the case for the human rights NGO.

Speaking at a fundraising dinner for their project ‘Ops Scorpene’, Gabriel said Jasbir was Abdul Razak Baginda's right hand man in Perimekar, the company that acted as middleman for the procurement of the submarines, through which over RM500 million in alleged “commissions” have been channelled.

Suaram was the interested party that lodged a complaint with the French judiciary to start the probe into the alleged illegal kickbacks on the sale of the submarines from French shipbuilder DCNS.

The French courts had ruled that the NGO has locus standi to initiate the proceedings as a body concerned about transparency and corruption in Malaysia.

Abdul Razak himself was the close confidante of then defence minister and present prime minister Najib Razak (left). The former stands accused of accepting millions in "consultancy fees" on Najib's behalf allegedly to 'grease' the deal.

Gabriel said that Jasbir was privy to a lot of information about the deal, as he was point-man in the negotiations between DCNS and Perimekar.

"He has confirmed his cooperation with us," Gabriel said further, expressing anticipation that his insider's testimony would shed more light into the Scorpene scandal.

'RM200,000 raised'

Gabriel explained that Jasbir was the first in Suaram’s list of witnesses accepted by the French inquiry, with other subpoenas to follow suit.

Others named as witnesses include Abdul Razak (left) himself, his wife Mazlinda Makhzan who is a director at Perimekar, Najib, current defence minister Ahmad Zahid Hamidi, private investigator P Balasubramaniam and former Perimekar director Lodin Wok Kamarudin.

She however explained to the audience that the proceedings is still at the preliminary stage, akin to the initial stage of opening an investigation paper, albeit performed by the French judiciary and not by law enforcement authorities.

The French judiciary had agreed to follow through with the inquiry after France's state prosecutor dropped investigations into the complaint, some claim due to political and diplomatic pressure.

The dinner that was attended by over a thousand donors, supporters and volunteers involved in efforts to uncover the alleged corruption behind the deal, dubbed ‘Ops Scorpene’, saw over RM200,000 raised for their French probe war chest.

The funds were raised through ticket sales and auctions.

Ten exclusive green T-shirts with artwork depicting the Scorpene saga were sold off ranging from RM300 to RM2,000 each, while a painting by local political cartoonist Zunar (right) was auctioned off for RM5,000.

Gabriel explained that the funds will mostly go to the retainer for their French lawyers William Bourdon and Joseph Breham, which can run up to RM12,000 a month, as well as legal, translation, travel and other expenses.

She said that in line with Suaram's policy of transparency, the full accounting of all funds collected and spent are listed in a financial report on their website.

Bourdon made a cameo appearance during the dinner via a long distance phone call, expressing his regret that he cannot be with the audience last night.

He said he is confident that the inquiry will soon shed more light into the scandal and eventually bring those in the wrong to justice.

The case has already uncovered a continent-crossing trail that spans from France to Pakistan to Malta to Malaysian shores.

The Malaysian government deported Bourdon last year for allegedly abusing the terms of his social visit pass after speaking at a Suaram dinner, and has been allegedly denied a work permit to enter Malaysia in relation to the Scorpene case.

'Suaram not opposition tool'

Earlier, Suaram executive director E Nalini hit out at those who disparaged the NGO and its efforts, vehemently denying the "false allegations" that the NGO is an opposition tool and had been paid to pursue the scandal.

"I take affront at these outright (allegations), which do not mention the support (we have received) from ordinary Malaysians."

She argued that they had invited opposition personalities to their function as they have shown consistent support for Suaram's fight against corruption, something she claimed BN politicians had shown  only lukewarm interest in.

"We are open to any support in the fight against corruption," she said, reminding that the fight is not Suaram’s but one that is on the behalf of all ordinary Malaysians interested in ending corruption.

Also present at the dinner were several opposition politicians, three of whom also addressed the audience: PKR Subang MP R Sivarasa, PAS deputy president Mohamad Sabu and DAP national publicity director Tony Pua (above).

All three spoke about the deplorable state of corruption in the country, whose perpetrators walk away scot free, urging the audience to vote Pakatan into Putrajaya in the upcoming 13th general election to put an end to this.

[Source: Mkini]

The Scorpene scandal and the long arm of the law

WHEN it comes to an issue like corruption, nations have long since accepted that it cannot be combated single-handedly.  A significant milestone in cooperation was when the General Assembly of the United Nations (UNGA) in New York passed the United Nations Convention against Corruption (UNCAC) on 31 Oct 2003. Shortly after, Malaysia signed the UNCAC on 9 Dec 2003.  The UNCAC came into force on 14 Dec 2005. We then ratified it on 24 Sept 2008.

As a party to the UNCAC, how well do our government ministers understand Malaysia’s obligations under this international treaty and local laws on international cooperation on criminal matters? Defence Minister Datuk Seri Ahmad Zahid Hamidi’s recent snubbing of the inquiry by a French court into the Scorpene submarines scandal suggest ignorance, at the very least.

How UNCAC works

Under the UNCAC, state parties agree to cooperate with one another in every aspect of the fight against corruption, including prevention, investigation, and the prosecution of offenders. State parties are bound to render specific forms of mutual legal assistance in gathering and transferring evidence for use in court and to extradite offenders. There is a provision whereby state parties that do not have extradition treaties with each other may use their common membership of the UNCAC as the basis for any extradition request. They are also required to undertake measures which will support the tracing, freezing, seizure and confiscation of the proceeds of corruption.

Another over-arching trend in the international fight against transboundary issues is universal jurisdiction. A country can bring to trial and prosecute in that country, those accused of having committed a crime in another country. An area relatively new to Malaysia, we are only beginning to adopt universal jurisdiction through recent amendments to Section 4 of the Penal Code. This expands the scope of extraterritorial offences to include damage to property belonging to, or operated, or controlled, not just by a Malaysian federal or state government, but also to a Malaysian company or individual located outside Malaysia. This addresses our lack of laws to prosecute offences such as the hijacking of a Malaysian privately-owned (but foreign-flagged) ship by Somali pirates in international waters.

Ignorance or lack of political will?

Zahid Hamidi (source: tabunghaji.gov.my)

Bearing this in mind, Ahmad Zahid’s response to the possibility of being subpoenaed to appear in a French court to answer questions about the Scorpene affair is surprising for a number of reasons. France is also a signatory to the UNCAC, having signed it on 9 Dec 2003, and ratifying it on 11 July 2005.

The investigation by the French courts into allegations of transboundary corruption in the purchase of two Scorpene submarines by Malaysia would be precisely the kind of issue that UNCAC and universal jurisdiction are intended to address. By ratifying the treaty, Malaysia has signified to the world our willingness to submit to an international framework of cooperation in this regard. The Defence Minister’s comments, then, seem totally out of line with our international obligations.

Ahmad Zahid reportedly said, “Why should I appear?  I am not a witness!  If I appear, who will pay for my expenses?  I don’t want to use my money and the government’s money.”

In so doing, he clearly revealed his lack of familiarity with the Mutual Assistance in Criminal Matters Act 2002.  Part II of this Act deals with requests to Malaysia by foreign governments. In particular, Section 27 of the Act deals with requests for attendance of a particular person in another country to give evidence or assist in a criminal matter there.  Malaysia’s Attorney-General can be requested by foreign authorities to arrange for the person to attend such proceedings. Section 19 specifically requires the Attorney-General to confirm that “allowances” and “arrangements for security and accommodation for the person” are to be made by the requesting foreign authorities.

So really, Ahmad Zahid need not worry about spending his own money or that of the Malaysian Government. France would pick up the bill, merci beaucoup.

Ahmad Zahid’s own ignorance aside, Malaysia’s attitude towards the Scorpene probe is also an issue of political will. Even though France is not a “prescribed foreign State” pursuant to Section 17 of the Act, Section 18 of the Act allows the Attorney-General to give special direction in writing for the Act to apply to that state. There is room for ad-hoc cooperation with France, if the Attorney-General recommends it and if the minister in charge of law agrees.

International perception

Malaysia could still refuse to entertain a request from France and would have grounds to do so in Section 20 of the Act.  These include:

• Section 20(1)(g): the facts constituting the offence to which the request relates does not indicate an offence of sufficient gravity;
• Section 20(1)(h): the thing requested for is of insufficient importance to the investigation or could reasonably be obtained by other means;
• Section 20(1)(i): the provision of the assistance would affect the sovereignty, security, public order or other essential public interest of Malaysia.

However, Malaysia should be cautious of how a refusal would be perceived by the international community in such a high-profile case. Care must be taken not to give a wrong impression.

No doubt, the Act contains complex provisions which include the voluntariness of a witness to travel to another country to assist in a criminal probe. The details of the Act’s provisions are beyond the scope of this article but suffice to say, the Minister of Defence should not have been so quick and glib in his reaction. Provisions do exist in Malaysian law to send him for an all-expenses-paid trip to Paris.  He should seek legal advice. Had he done so, he might have not been so glib again with his latest reaction — “Who are they to issue a warrant of arrest? We are not subjected to French laws.”

‘Red notice’ option

Assange (© Peter Erichsen | Wiki Commons)

There is still the possibility that France could request countries, with which it has a mutual assistance in criminal matters agreement, to detain Ahmad Zahid and deliver him to Paris. This could happen should Ahmad Zahid travel to any such country or to any country which is a member of the European Convention on Mutual Assistance in Criminal Matters. No doubt he would then have to fight it, just as, under different circumstances, Julian Assange is currently fighting his extradition from the United Kingdom to Sweden.

It is open for the French courts, if Ahmad Zahid refuses to answer a subpoena, to upgrade that subpoena to an international warrant of arrest, and to seek the assistance of Interpol to effect it.  This is known as a “red notice”.  Whether the French would actually do that is a tale for another time. 

[Source: The NutGraph]

Bi-Anne's dad won custody

Now this is one smile that could warm anyone's heart.  Mr Low Swee Siong has finally been granted full custody of Low Bi-Anne, after a 4-year court battle with his former wife, Tan Siew Siew, who is now residing in Britain.

This is what Bi-Anne, 13,  had to say after hearing the good news, "I'm happy.  I will celebrate Valentine's Day dinner with my father."

Do we see any vice here?  This, my dear pervert-minded friends, is a pure love between a father and daughter, something which you will never understand, except the evil in others.

Experts: BERSIH T-shirts NOT illegal

The Home Minister comes in for a lot of flak for pronouncing that the wearing of BERSIH T-shirts is against the law.

PETALING JAYA: Home Minister Hishammuddin Hussein who said wearing yellow Bersih 2.0 T-shirts is illegal came under fire from lawyers and academics today who said he was “talking nonsense”.

Hishammuddin told the press this morning that the arrests of those wearing such T-shirts are justified as it is related to an illegal activity.

However, the experts said that he is wrong on both counts as neither the rally nor the T-shirt is illegal.

Professor Aziz Bari of Universiti Islam Antarabangsa asked which law Hishammuddin was referring to in declaring that T-shirts is illegal as there was none to his knowledge that supported the minister’s contention.

“It is too far-fetched and illogical,” he told FMT. “Since when is it an offence to wear a certain colour in public? The only provision that comes remotely close is acting indecently in public and I doubt that wearing a T-shirt is an offence. Hishammuddin is talking nonsense.”

Aziz added that Hishammuddin also needed to clarify under which law was the Bersih 2.0 rally planned for July 9 deemed an illegal gathering.

He pointed out that criminalising an activity is a parliamentary decision and not that of an individual minister or the police.

“There is no such thing as absolute power of the police,” he said. “In fact, it is illegal for the police to deny permits before the organisers submit an application. That would mean the police have pre-judged the rally, which is unfair.”

Barbaric manner

Fadiah Nadwa Fikri of Lawyers for Liberty rejected Hishammuddin’s statement outright, branding it an “abuse and misuse of power”.

“There is no such law prohibiting these T-shirts,” she said. “Furthermore, these T-shirts are not linked to an illegal activity because the Federal Constitution allows the right to peaceful assembly and the constitution is higher than any other law in this country.”

“Despite being elected into the United Nations Human Rights Council last year, Malaysia is still behaving in a barbaric manner.”

LoyarBuruk co-founder, Edmund Bon, meanwhile, pointed out that the law prohibited civilians only from wearing police and military uniform, while Article 10 of the Federal Constitution allows people the freedom to dress as they please.

“A rally is only considered illegal if it seeks to incite violence,” he added. “The intention of the Bersih rally is the complete opposite. Hishammuddin’s statement smacks of arrogance and is unacceptable.”

[Source: FMT]

I have been going out wearing my yellow T-shirt for the last few days and I guess I must have been lucky so far as I have not come across any of our men in blue. In fact, I will still continue to do so until July 9. Nonetheless, I hope all my friends out there will do the same. However, there are some things you can do to show solidarity :

1. Tie a yellow ribbon to your car antenna. If you are planning to get married in the next few days, have your friends do the same to their cars.

2. Have everyone in your family wear yellow, even if you going to the supermarket or the theater to see a show. It will be fun to see how they are going to arrest babies in yellow prams, wearing yellow diapers, yellow baby cap and yellow baby clothes playing with a yellow Tweety bird.

3. Carry yellow umbrellas.

4. Wear yellow slippers.

5. Have your laptop bags don with a yellow ribbon.

6. You might try reverse psychology. Instead of a yellow T-shirt, wear a pair of yellow pants or shorts.

The above are just some of my ideas. You can be as creative as you want to be. Just drive those PDRM fellas CRAAAAZY!!!

Please help KayTee

Just read this appeal from KayTee's blog. Can someone help him out?

I’m not sure whether I can continue to stand the yucky stuff on the media. I need to ‘boycott’ reading the muck. But my problem is there are so many yucky stuff, and for practical reasons I can’t afford to avoid all of them as I still need to read the news, yucky as some may be.

So if you can help me decide which is the yuckiest, I’ll avoid that one.

OK then, which of the following do you consider to be the pits:

(1) The sodomy case where each day we are cursed with yucky descriptions of peri-anal swabs, no-shit for 2 days, arse-holes, semen stains, genitals/rectal regions, oral bee-bop-a-lula, football team shagalag specimens, and other various shitty (pun not intended) stuff. Just f* spoil my appetite.

(2) The sleazy shameful sinful lies of Penang UMNO and its cohorts, those wishful wannabe (UMNO) wankers, against the current Penang Pakatan government. Most have been sheer fabrications. Don't they realize that Allah swt won't be pleased with their blatant lies for secular (political) purposes? One example has been the manufactured and instigated furore against a non-issue, a new exco portfolio to handle non-Islamic religious affairs, a portfolio exactly similar to the one the current Perak BN government had already set up.

Why don't those wishful wannabe (UMNO) wankers go over to Perak to make noise against their mate Zambry, and remain there! wakakaka.

(3) The pile of shit that’s called the PKFZ corruption scandal has been fermenting, rising and stinking to high heavens since the change of MCA Transport Minister, from Ong Tee Keat to CSL's buddy, Kong Chu Ha.

After Ong had the multi-billion dollar scandal investigated, he adopted the advice of external professional bodies and implemented several reform mechanisms, such as:

(a) an internal whistle-blower policy,
(b) requirement for contract bidders to sign an integrity pact, and
(c) most importantly, the appointment of three independent directors on the PKA board to ensure its integrity and competency. The independence of these directors can be assured if the minister stays clear of their appointment, but acts on the recommendation of the Board.

There are now deep concerna that these measures may be gradually dropped off particularly on the three independent directors.

Out of the original 3 independent directors, only one is left; one left for a new appointment while another, M Rajasingam, saw his term expired in November last year. When the Board recommended that Rajasingam be re-appointed, the new Transport Minsiter inexplicably refused.

Malaysiakini reported: Transparency International Malaysia president Paul Low, who chaired the PKA ad-hoc committee on governance, said Kong's decision has defeated the purpose of having independent director, averring:

"We (the committee) defined the independent director as someone recommended by the board without influence by the minister."

Shit all around!

Another 'UNBELIEVABLE" news

If ever there was a case of hypocrisy and double standards about the caning of women, this must be one of them. It is despicable and crass and just shows how we are tumbling headlong into an abyss of sanctimoniousness and moral decay.

The news about a 15-year-old Malaysian teenager, by the name of Salsabila Yunan aka Bella has just broken, in the mainstream papers. Salsabila who calls herself an actress, ran off with an Indonesian man from Lombok. They are now married and she is 6 months pregnant. She has not even finished her PMR examinations. Her father was quoted as saying that Umno Youth had traced her and brought her home. Although he is grateful to them, she is unrepentant about her marriage. She says she would like her husband to come to Malaysia and look after her and the baby, and has asked for help from Umno and the Malaysian embassy in Jakarta, to furnish her husband with the appropriate travel papers.

First. This girl is underaged. Therefore, her husband, whose age we are not given, had sex with a minor. Even if it was consensual sex, it is still statutory rape. She could even have been 14 years old when she was made pregnant. In the recent debacle of three women being whipped, for illicit sex, the youngest woman was 17 years. Are we to understand that as Umno Youth were involved, this 15-year-old will escape punishment?

Second. How did she obtain the travel papers/documentation to go abroad? Even when I go overseas on holiday, with my young nephews and nieces accompanying me, I have to carry letters from their parents to say that I have not kidnapped these children (they have their own passports). Or are the immigration authorities only particular in western countries? If so, we need to upgrade our immigration policies.

Third. This 15-year old calls herself an ‘actress’. In the recent case of the three young women who were whipped recently, we are not told their backgrounds or professions, but the implication was that they were stay-at-home types, thus nothing as glamorous as this teenage celluloid celebrity. Are we to come to the conclusion, that Malaysia syariah justice considers housewifely types more punishable than so-called actresses? Or does Umno Youth’s involvement have a strong influence on who gets whipped or not?

Fourth. Both the Malaysian Embassy and Umno have been asked by Salsabila to help her husband with his documentation. I agree. Just prepare the international arrest warrant for him. Actually, why not just let the Indonesians arrest him and let him languish in an Indonesian jail. That might save our foreign embassy some money, on air-fares and custody costs.

Five. This girl seems more upset that she has been dragged home because her father is ill. She sounds very ungrateful and more concerned about her husband’s well-being. Maybe she should have been left in Lombok.

The recent whippings have highlighted many irregularities in our syariah laws. The Malaysian authorities seem unfazed by the domestic and international condemnation s. And naturally, those of us who question certain aspects of this punishment, risks being labeled as trouble-makers or anti-Islam.

Nevertheless, we watch with interest if this 15-year old, who was rescued by Umno Youth, will receive the same treatment as the three women who were recently whipped. Its early days yet and she may of course, give herself up voluntarily to the authorities, out of guilt, just like the other three did. But, let’s not hold our breath.

[Source: The Malaysian Insider]

After reading the above, I just can't help but feel an abyss of despair when our laws, be they civil or syariah, are strictly not adhered to. So as we can see, there is actually no religious strife amongst us Malaysians, but political ones, all manufactured by none other than UMNO.