Wednesday 31 March 2010

How does Najib's NEM address This?

Najib/Umno/Perkasa have been spewing lots of rhetoric on "Malay" rights" & the economy, while conveniently avoiding the real issues that have squandered the nation's wealth (including that of the Malays' which Mahathir/Ibrahim Ali cry about).
The following is Bong's blog entry on the scandals that plague Malaysia.

Money?? BILLION$ ringgit in the drain.. | The Flaccid Mind

Malaysians are suffering not from the increase of oil price, but from the corruption, mismanagement and wastage by the government. We are paying a very high price for this, partly due to our ‘tidak apa’ attitude and indifference to the issues happening around us. For most Malaysians, ignorance is a bliss. They always have their ‘priorities’ and only when reality bites, they start to make noise.

Ever wonder why this country which is full or resources, geographically strategic, blessed with good weather, nice, smart, talented people and stability would end up like this? We have everything – petroleum, palm oil, rubber, timber, land, water, you name it… but yet we are poor ??

Looking at the list below, it looks like the BN government is more determined to help themselves rather than the citizens.

And this list below is hardly exhaustive as these are the ones uncovered so far – the tip of the ice-berg, if you will! What lies beneath could be much larger :-

1. The Bank Bumiputra twin scandals in the early 1980s saw US$1 billion (RM3.2 billion in 2008 ringgit) wasted;

2. The Maminco attempt to corner the world tin market in the 1980s is believed to have cost some US$500 million (RM1.6 billion);

3. Betting in foreign exchange futures cost Bank Negara Malaysia RM30 billion in the 1990s;

4. Perwaja Steel resulted in losses of US$800 million (RM2.56 billion). (Eric Chia was charged with corruption for allegedly steering US$20 million (RM64 million) to a Hong Kong-based company.);

5. Use of RM10 billion public funds in the Valuecap Sdn. Bhd. operation to shore up the stock market;

6. Banking scandal of RM700 million losses in Bank Islam;

7. The sale of M.V. Agusta by Proton for one Euro making a loss of €75.99 million (RM 348 million);

8. Wang Ehsan from oil royalty in Terengganu amounting to RM7.4 billion from 2004 – 2007;

9. For the past 10 years since the Philharmonic Orchestra was established, this orchestra has swallowed a total of RM500 million;

10. In Advisors Fees, Mahathir was paid RM180,000; Shahrizat Abdul Jalil (Women and Social Development Affairs) RM404,726; and Abdul Hamid Othman (Religious Affairs) RM549,675 per annum;

11. The government has spent a total of RM3.2 billion in teaching Maths and Science in English over the past five years. Out of the amount, the government paid a whopping RM2.21 billion for the purchase of information and computer technology (ICT) equipment of which the breakdown of costs is unknown;

12. The commission paid for the purchase of jets and submarines to two private companies, Perimeker Sdn Bhd and IMT Defence Sdn Bhd amounted to RM910 million;

13. RM300 million to compensate Gerbang Perdana for the RM1.1 billion “Crooked Scenic Half-Bridge”;

14. RM1.3 billion has been wasted building the white elephant Customs, Immigration and Quarantine (CIQ) facilities on cancellation of the Malaysia-Singapore scenic bridge;

15. RM100 million spent on the Parliament building for renovations and to patch up leaks;

16. National Astronaut Programme – RM 40 million;

17. National Service Training Programme – yearly an estimate of RM 500 million;

18. Eye on Malaysia – RM30 million and another RM5.7 million of free tickets;

19. RM4.63 billion ’soft-loan’ to PKFZ;

20. RM2.4 million on indelible ink;

21. Samy announced in September 2006 that the government paid compensation amounting to RM38.5 billion to 20 highway companies. A RM380 million windfall for 9 toll concessionaires earned solely from the toll hikes in 2008 alone;

22. RM32 million timber export kickbacks involving companies connected to the Sarawak Chief Minister and his family; Bailouts –

23. Two bailouts of Malaysia Airline System at RM7.9 billion. At a time when MAS incurred losses every year, RM1.55 million was used to buy three paintings to decorate its chairman’s (Munir) office;

24. Putra transport system bailout which cost RM4.486 billion;

25. STAR – LRT bailout costing RM3.256 billion;

26. National Sewerage System bailout costing RM192.54 million;

27. Seremban – Port Dickson Highway bailout costing RM142 million;

28. Kuching Prison bailout costing RM135 million;

29. Kajian Makanan dan Gunaan Orang Islam bailout costing RM8.3 million;

30. Le Tour de Langkawi bailout costing RM3.5 Million ;

31. Wholesale distribution of tens of millions of shares in Bursa Malaysia under the guise of NEP to cronies, children and relatives of BN leaders and Ministers worth billions of ringgits;

32. APs scandal that has been going on year-after-year going back for more than three decades, involving a mind-boggling sum of tens of billions of ringgit;

33. Alienation of tens of thousands of hectares of commercial land and forestry concessions to children and relatives of BN leaders and Ministers worth tens of billions of ringgit;

34. Travel around Malaysia and see for yourself how many white elephants like majestic arches, roads paved with fanciful bricks, designer lamp posts, clock towers, Municipal Council buildings that look more like Istanas, extravagant places of worship, refurbishment of residences of VIPs, abandoned or under-utilized government sports complexes and buildings, etc! Combined they could easily amount to hundreds of billions of ringgit!

35. Since 1997, Petronas has handed out a staggering RM30 billion in natural gas subsidies to IPPs who were making huge profits. In addition, there was much wastage and forward trading of Petronas oil in the 1990s based on the low price of oil then. Since the accounts of Petronas are for the eyes of the Prime Minister only, we have absolutely no idea what the amount is.

Whatever amount it is, you can bet it is COLLOSSAL! In the Time Asia magazine issue on March 15 2004, a South East Asian economist at Morgan Stanley in Singapore, Daniel Lian, figures “that the country may have lost as much as U$$100 billion (RM320 billion) since the early 1980s to corruption.”
Mind you, this is only corruption and it does not include wastages and mismanagement which would increase the amount!

If the above list (which could have been money saved) is added to the nation’s coffers and together with Petronas’ profits; palm oil profits; and profits from rubber, tin, agriculture produce, aquaculture produce, electronic and hardware exports etc, for the past 5 decades, we can all agree on one thing – our country would be wealthier than Venezuela who has little resources except for oil. The petrol in Venezuela is RM0.16 per litre!
(Source: http://www.malaysiawaves.com/2008/06/summary-of-bns-wastages-that-rakyat.html)

So farked up!

Tuesday 30 March 2010

ISA, DDA, Police Act - When You Are Nothing to "them" ....

Tuesday, March 30, 2010

The Utter Tyranny of Detention Without Trial - a very true and recent story

Most of you may have read that Azean Irdawaty's son, Benjy, was recently arrested for apparently in possession of 800grams of cocaine, and 140grams of methamphetamine. If true, that would make him a presumed trafficker under our law. The death sentence would be staring at his face.

However, they only charged him with being in possession of 0.24grams of metaphetamine. What happened to the 800 grams of cocaine? And 139.76 grams of metaphetamine which he supposedly have?

To top it up, today, the Star reported that the "powder" found was not cocaine after all!

After bail was granted, he was re-arrested under the Dangerous Drugs (Special Preventive Measures) Act 1985. This Act is the drug version of the ISA. It allows detention without trial.

In addition, Amer Hamzah, his lawyer, was manhandled by the police.

Lawyers are planning a protest walk tomorrow.

Read Benjy's story as told by his sister, Elza.

On March 11th, he was arrested at his apartment's parking lot in Segambut. Police brought him to an apartment he rented in Kepong, and after entering, claimed that in that residence, he possessed 800grams of cocaine, and 140grams of methamphetamine, and accused him of processing and trafficking, putting him under the risk of being charged under Section 39B, which carries the death penalty.

On March 12th he was remanded for 7 days. When my parents inquired if we can engage a lawyer, the Investigation Officer told us "No need".

On March 17th, after our family waited more than an hour, we were allowed to see him for the very first time, under supervision.

Again my mother asked if we should get him a lawyer, again the I.O advised against it, claiming "Lawyer tak boleh buat apa-apa sekarang. Buang duit je. (Lawyer can't do anything now. It's simply a waste of money)."

On March 18th, his remand was extended another 7 days. The magistrate inquired why there was no lawyer present for him, and whether he was made aware he had the right to a counsel of his choice. He replied "No." Therefore, he requested for one, and only nine hours later, did the I.O call to inform my mother, who promptly engaged Amer Hamzah Arshad. But the very next day, the police used their Executive authority under Section 28A that vetoed his right to a counsel. All requests made by our lawyer to visit him was denied.

Only after we complained to SUHAKAM, did the police allow Amer to visit him.

On the last day of his remand. After the investigations were concluded. For only 15 minutes.

On March 25th, he was brought to court, and charged under Section 12(2) for possession of 0.24grams of metaphetamin in his Segambut residence. Nothing the police claimed they found in the Kepong residence, the cocaine and shabu that was "already packaged to be distributed" or the so called "cocaine processing mini-lab" was brought to court.

Because there WAS none.

He was released on bail. A trial date was set. He was so close to being free, and seeing his 4 year old son again.

But as he was signing the papers of his release, the Plainclothes were outside waiting.

Not two steps after he came out of the bail department, without any explanation, they re-arrested him. Amer was restrained from protecting him, and only after Amer repeatedly asked them to show their I.D, did they do so. Still, no explanation was given to the family. We were merely told to go to the Headquarters and speak to Inspector Kang. The same guy who claimed my brother possessed the cocaine they NEVER found.

He never saw us, he was "in a meeting." He wasn't too occupied to give the press a statement, but was unavailable to see us.

We were told by the new I.O for this case, and the DSP (the guy who signed the papers denying my brother the right to a counsel) that they are detaining him for 60 days under the Special Preventive Measures Act (LPK), after which, they could further detain him for 2 years if found guilty.

Guilty according to THEM. For under this act, it is a detention without trial, like the Internal Security Act. Any information gathered from "witnesses" and "investigations" will never be disclosed to him or his lawyer, or the court. He will also not be able to defend himself against any allegations. Under this act, he will never have his day in court.

On March 25th, my brother, Ben, was denied his Constitutional rights.

For 2 weeks, our family went through hell. Sleepless nights, press waiting outside our door, Ben had asthma attacks after the police delayed themselves in acquiring the requested medication for 3 days, Mama, who is a cancer patient herself, suffered chest pains and lost her voice.

We felt it was all worth it, for we would be able to have him back.

But now, a new nightmare has begun.

Whether or not Ben is guilty, should not be for the Police to decide. If they HAD the evidence to strengthen their warrant for re-arrest, why was it not brought to court? Why is Ben not given a chance to defend himself? How can we ever know the authenticity of these so called witnesses and their statements? If there were ANY to begin with?

Under this act, I could simply be caught for any crimes of drug offences the police accuse me of, because they can claim they have enough information (even if they have absolutely nothing) and detain me. For 60 days, for 2 years, and even EXTEND it after.

Acts like this and the ISA are licenses for ARBITRARY arrest and detention. Anytime. Anywhere. Anybody.

My family and Amer will not back down. We will fight for Ben's right. We will speak up for all of those who were silenced before us, who will be silenced hereafter.

But we seek your help. In any way at all, help us fight this. Re-post this, write on your blogs, write to your local representative, to our newspapers, and together we shall use our voice, our art, our space, to stand up not just for Ben, but for all our rights.

Liberty is a Constitutional right. It's time to get it back.

I have said it many times and I will say it again. Detention without trial is inhuman, unjust and is an affront to civil society. It causes more damage than the damage which it is designed to avert.

And it breeds abuse. And laziness on the part of our authorities. Why bother to investigate when the so caled "bad guys" could be detained without trial?

The above story is but ONE of the thousands of untold stories about detention without trials.

It is but ONE of the agony, anguish and anger which is felt about this utterly uncivilised affront to fundamental liberties.

Do you all want this to happen to you or one of your family members?

Monday 29 March 2010

Comments on MT - "Malaysia Best Example In Handling Indigenous Peoples' Rights"

Malaysia Best Example In Handling Indigenous Peoples' Rights

Comments (11)Add Comment
...
written by Angela Ooi, March 29, 2010 08:57:33
Does anyone sane, believe this crap dribble of Dr Marcus?? My friends and I sure don't.
...
written by AlwaysFair, March 28, 2010 23:19:04
Is it true? I thought the NCR land was pillaged to make way for logging etc.What about Mamak's project I/C that gave preference to illegals?What about rape of Penans? They not orang asli? I don't believe this report because this is the first report I heard the natives were well taken care of?

Remember the 2000 strong orang asli demo at Putrajaya recently? I think this talk is mainly to refute the natives claims of being marginalised.smilies/wink.gif
...
written by NollanBD, March 28, 2010 16:51:58
I know Datuk Marcus is sincere in his effort to help the indegenious people to the extent that UPKO is supported by the non-Muslim Orang Asli communities in Perak which all this while has been ignored either by JHEOA or UMNO for the simple reason that these Orang Aslis are non Muslims.. Unfortunately being in a non-Muslim based BN component party with few seats, and limited financial resouces, there is nothing much Datuk Marcus can do but incorporate a praise in support to the Prime Minister everytime there a media coverage - keeping up true to the feudal politics of Barisan Nasional which he believes would be the best platform to position himself, in order to be effective in his objective to help the people. At least he hope so..
...
written by Obadiyah, March 28, 2010 15:24:47
This is a Bumiputra !!!


She lives in Taman Negara. She is of the Jakun Tribe.
Her Village has NO electricity !!!
read more here:
http://www.tamannegara.org/conserve-general.htm
...
written by rabbit, March 28, 2010 13:50:29
damned F**king liars!
...
written by Bob, March 28, 2010 12:56:32
this pilipino must have been paid off big time plus investment opportunities in msia......
...
written by datuk tanah, March 28, 2010 11:28:00
This joker is saying what the Najis like to hear. In actual fact many of their settlements do not have electricity, tap water and proper sanitation. The Orang Asli live a life no better than the poorest in Africa after more than fifty years on UMNO rule. Action speaks louder than words. Can somebody please post some images of Orang Asli settlements in Perak for all to see.
...
written by jokersland, March 28, 2010 11:26:52
Another joker with a doctorate in front of his name. It's better still you told the audiences in the seminar that Malaysia in the best example for protecting the indigenious peoples rights in the world. You "care" the natives from Womb To Grave ? But as far as all the world know you " RAPE" them from Womb To Grave.
...
written by temenggong, March 28, 2010 11:01:18
Is this a joke? Even the orang asli are hitting the streets and protesting!
...
written by MAMR, March 28, 2010 09:41:57
What he didn"t say was Malaysia is also one of the best example Govt apart from Myanmar and Zimbabwe,which is VERYGOOD at putting away opposition by using its MIGHT.It is also verygood at deceiving quite a few of Rakyat and good at RIPPING rakyats money by means of corruptions and giving projects to their cronies.
...
written by Old Man, March 28, 2010 09:30:58
Marcus Mojigoh, we do agree with you 100% that you and your buddies "CARE" for the Natives from Womb to Tomb!
Besides that, every year during the Harvest Featival, the young KDM young ladies were harvested from the rural areas and queued up for the V. I. Paedophiles to screw!
And the KDM communitites in the rural areas continue to rot while you and your buddies are laughing all the way to the BANKS!
No wonder the people in your urban areas call you and your buddies VACUUM CLEANERS!smilies/angry.gifsmilies/sad.gifsmilies/shocked.gif

Reactions to SoiLek Win ...


Umno, how can you continuously accuse Anwar of having unnatural sex when the leader of your component party has done the same thing?' Narrow wins for Soi Lek, Liow Lim Chong Leong: How long will this marriage of convenience last? I already see the two brothers - Ong Ka Ting and Ong Ka Chuan - sharpening their knives for Brutus' (Liow) second attack. And Wanita chief Chew Mei Fun said she'll quit if Chua Soi Lek wins, how now? Geronimo: I am glad, so very glad that Chua Soi Lek won the presidency. So Umno, remember the saying 'Those who stay in glass houses should not throw stones'? How can you continuously accuse Anwar of having unnatural sex when the leader of your component party has done the same thing? If Prime Minister Najib Razak accommodates a person tainted with adulterous and unnatural sex behaviour (though not sodomy), then it goes to show that the case against Anwar is nothing more than a political persecution. Gk: If the majority of MCA members want it that way, who can say no? Let them be, and the results confirmed what type of people MCA members are. I am not at all interested in what they are. To me, they are only relevant to Umno, not to the rakyat. This also confirmed MCA can neither be reformed or changed, just like its big brother. Multi racial: MCA has decided loud and clear. The delegates have voted against reform and for low moral values. Now it is time for Malaysians to take MCA out of politics for good. We shall vote every MCA candidate out in the next election. Aramsa: The MCA delegates who voted surely are the ones who determine whether MCA is or is not out of the wood. By electing CSL (Chua Soi Lek) as president, they at the same time rejected Kong Chor Ha, supposedly CSL's running mate. By putting LTL (Liow Tiong Lai) as CSL's deputy the MCA is in for another few years, if not months, of back stabbing. Is this what the MCA delegates want? I guess it is, because then the MCA will continue to have Team A and Team B pitting against each other. Perhaps, the delegates do not want absolute control by the top leadership as absolute power may corrupt absolutely. Now, the writer is saying Najib will be in a dilemma whether or not the new MCA boss should be included in the cabinet. Well, This is the least of the problem. The PM himself is tainted with all sorts of scandals and he remains PM, therefore why not CSL. In other words, you ain't see nothing yet. Disgusted: MCA has lost all credibility. Like Umno, both its top leaders are very tainted when compared to Anwar Ibrahim and the obvious choice of the rakyat will be Pakatan and Anwar. We'll see in the Hulu Selangor by-elections what the result will be. The rakyat will deliver the verdict. Kgen: The election of Chua as MCA president against the wishes of the Chinese community confirms how out of sync the party is with the community. Bad for MCA, good for Pakatan. One hand cover the sky: Well, it's time to say goodbye to the PKFZ (Port Klang Free Zone) scandal. It will be buried forever, no more witch hunting and those big fishes will no longer have to live in fear again. Wira: This is the worst possible result for MCA and the best for Pakatan. Chua's moral values will once again be under scrutiny. The MCA delegates completely ignored the popular opinion of the rakyat and the party will certainly pay a price for that. Long arm: With the exception of those standing for elections and their backers, everyone else is a loser, and yet you have losers voted in as winners. What a scenario, only to be found in gutter politics BN-style, made in Malaysia. POHLIS: What an opportune period for Chew Mei Fun to make life hell for the 'porno star'. All of Malaysia, half of MCA and probably the rest of the world will have a gala time ridiculing Chua, MCA and BN. MCA delegates finally pressed the self destruct button. Harry Koay: I suggest Tee Keat should follow the foot steps of former MCA vice-president Chua Jui Meng and join PKR for the sake of coming out from the shackles of BN. The non-voting delegates will definitely vote you in as PKR MP should you stand for the 13th general elections. Your loss this time around could be a blessing in disguise. Good luck to the new captain and crew of the imminent sinking ship. Cala: Now that they are exposed, MCA deputy president Liow Tiong Lai and his faction is no longer a third force. They are a new force to be reckoned with. They are the second force, capable of contending for leadership in the next election. Gem: Get ready for Chua versus Liow.


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Yeah, baby - We have a "sex offender" at the helm!!

Chua is president, Liow No 2

By FMT staff

UPDATED AT 9.44PM KUALA LUMPUR: Dr Chua Soi Lek has been elected as the new MCA president while Liow Tiong Lai is the new deputy.

Chua, the former deputy, garnered 901 votes while Ong Ka Ting received 833. Incumbent party president Ong Tee Keat managed to get 578 votes.

In the fight for the deputy president's post, Liow defeated Kong Cho Ha by receiving 1,171 votes compared with the latter's 1,106.

The four new vice-presidents are Dr Ng Yen Yen (1,528 votes), Donald Lim Siang Chai (1,469), Chor Chee Heung (1,202) and Gan Ping Sieu (1,202).

Immediately after the results were announced, both Chua and Liow - from opposing camps - said that they will work together for the party and thanked Tee Keat his services.
~Chua is president, Liow No 2

M. Bakri Musa - www.bakrimusa.com

The Labu and Labi Team of Najib and Muhyiddin
M. Bakri Musa

[First of Four Parts]

The dynamics between Prime Minister Najib Razak and his deputy Muhyiddin Yassin is one of rivalry. They compete rather than complement each other. They give every indication to be the least productive and most dysfunctional ‘team,’ if I can stretch that term. Their relationship has awful feng shui and exudes bad karma.

They are politics’ Labu and Labi, the bumbling hired hands in P. Ramlee’s comedy movie of the same name, who spent their time fantasizing about their employer’s daughter while neglecting their chores.

Alas, leading the nation is anything but a comedic act; it is an awesome responsibility. Najib and Muhyiddin however, are treating their position as they would a trophy wife; with Najib consumed with displaying it while Muhyiddin is busy licking at the chops barely concealing his own desires.

Najib has nothing substantive to show after a year in office. It is emblematic of his inept leadership that when the recently-acquired new Scorpene submarine could finally dive, it made the headlines! Incidentally, that sub was bought during Najib’s tenure as Defense Minister.

We have significantly lowered the bar for and expectations of our leaders. Next, we will be excited if Najib were just to show up! Consider that former Prime Minister Mahathir had praised Najib merely for not dozing off at meetings! As for Najib’s much ballyhooed “1Malaysia,” a check on its website today showed that it is still inviting readers to register to join him for tea on March 13th, a good two weeks ago! Well at least that is better than the fate of his deputy’s blog.

On the major issues, from the teaching of science and mathematics in English to the controversy over the “Allah” terminology, the two are not even on the same page. They are complete opposites. Often that is the catalyst for a dynamic and creative relationship. That however, is true only with highly-accomplished and self-confident personalities. Najib and Muhyiddin are far from being that!

I will compare the current duo of Najib and Muhyiddin to their predecessors, and then suggest a course of action Najib should take to salvage his tattering leadership. I will focus on three preceding pairs: the best and ideal team of Tun Razak and Dr. Ismail; the longest and most enduring partnership of Tuanku Abdul Rahman and Tun Razak; and the destructive and dysfunctional combination of Mahathir and Anwar. These three examples (two positive and one negative) provide many relevant lessons for Najib.

Unaltered the present course will lead to a breakup of the two, with destructive consequences to them, their party, and their country. The scale would be many times worse than the Mahathir-Anwar explosion of 1998. The latter crippled the party and deeply divided the country, but only temporarily. In that ruinous split there was a definite victor, the mercurial Mahathir, which made the conflict mercifully not protracted.

If Najib and Muhyiddin were to split, it would come at a time when their party is at its weakest and most vulnerable; likewise the nation. As neither Najib nor Muhyiddin is strong enough or commands sufficient respect and support within the party and country, their split could consume both of them, as well as fatally cripple UMNO.

As for Malaysia, it has come a long way since the traumatic events of 1998 and could thus take the Najib-Muhyiddin breakup in stride. Indeed I would argue that the split would be good for the nation.

Nothing however, is preordained; prophecies need not be self fulfilling. Even bad karma and ill feng shui can be ameliorated. Najib’s future is in his own hands and in the fateful decisions he makes, not with the alignment of the stars or the tea-leaf reading of some village soothsayers.

Earlier Teams

The first and longest pair was that of Tunku Abdul Rahman and Tun Razak. It spanned over 15 years and was the most successful the country has ever seen, or likely to see again. Even when the duo broke up following the 1969 race riots, it was done discretely and with minimal public repercussions. The pair remained unique in that they maintained their respect for each other long after one exited the stage. They never uttered an unkind word for the other, at least not publicly. It was a class act right to the end.

Compare that to the nasty things the Tunku and Hussein Onn heaped upon Mahathir when he was Prime Minister, or the scorn and contempt Mahathir poured on his chosen successor, Abdullah.

At the other extreme, we had the initially very promising and dynamic but later proved to be highly destructive and dysfunctional pairing of Mahathir and Anwar. The nation is still playing the price for that ugly split. The pair was like an unstable radioisotope; when it split it continued spewing its toxic radiation, defying all attempts at containment.

The team of Tun Razak and Dr. Ismail that succeeded the Rahman-Razak duo was easily the best and ideal. Perhaps the brevity of their tenure spared them from the inevitable tensions and rivalries. Malaysians today look forlornly to that team, especially considering what is being served to us today.

The Razak-Ismail team was not the briefest; that distinction (if it can be called that) belongs to the immediately succeeding team of Razak and Hussein Onn. That was also the most forgettable pairing. The Razak and Huseein duo demonstrates that it would take both sides to make a great or at least workable team. It is not enough to have only one member shine; a laggard partner would bring the pair down. This observation would be validated many times later, as with the Mahathir-Musa Hitam and Mahathir-Ghaffar Baba pairings.

When both members are lightweights, then we would have a laughing stock of a team, a political Labu and Labi team. At worse it would be a disaster, for them as well as the country. We had that with the Abdullah and Najib; we are now we re-living it with Najib and Muhyiddin.

Saturday 27 March 2010

What Poetic Justice!!

Below is a heartfelt letter, screaming for justice -
from a lawyer & an "economic doomsday prophet" who spent lots of effort through his "spins" and legal acumen, to defend the man who wrecked the Judiciary, Mr. Mahathir.

Even then - Mathias Chang, if what he says here is true, has definitely been wronged, and has to be defended by the Legal Fraternity and all good citizens (despite his tainted past) ... and the Judge has to be taken to task - ASAP!!!
**As much as I deplore the conduct of the said Judge, I cannot but help myself when I say, "P0etic Justice!!"

So here it goes the diarrhoea of words:-

"I have no wish to continue with the proceedings as I have no confidence in the impartiality of the Court. My three counsels have been repeatedly abused by you. You have also abused me and cast unwarranted aspersions on my character without basis. In my over 30 years of practice, no judge has ever abused me and or was rude to me. I intend to make a complaint to the Chief Justice and would now take leave and retire."

To My Dearest Friends and Colleagues,

I have fought against injustice throughout my life and as a practising lawyer, upholding justice when there are abuses by the judiciary and the state machinery calls for sacrifices and I have never shirk from that call to duty.

On Thursday, I became a victim of injustice inflicted by an errant Judge in the High Court of Malaya.

In this case, I was the litigant, the plaintiff suing the defendant, American Express for defamation, malicious falsehood, breach of contract and misrepresentation. It relates to a charge I had incurred for and on behalf of the Malaysian Government some years back for which the Government has not paid.

Most of you are aware of my opposition to the previous regime headed by the 5th Prime Minister. In the course of that political fight, I had to defend Tun Mahathir for which I was sued for RM 50 million allegedly for defaming one of the cronies of the regime. I counter-claimed against that crony likewise for defamation against me and exposed his corruption in conjunction with the son-in-law of the then Prime Minister, Abdullah Badawi. My defence against the RM 50 million claim was justification, the crony was corrupt to the rotten core. The case has been in limbo ever since.

Therefore, this case that came up for hearing is not as simple as it looks. There were forces ready to pounce and humiliate me at every turn.


THE CASE:

From the word go, my three Counsels were treated without due respect.

1) My Counsel was denied the right to make an Opening Statement, a right which every litigant has.

2) I was called to testify immediately.

3) Bearing in mind that my claim was in defamation and malicious falsehood, it was incumbent on my Counsels to lead evidence on my background as a barrister and an advocate for over 30 years and my service in government as political secretary to the 4th Prime Minister. Immediately the judge pounced on me and declared everyone before her court will be treated equally and I had no need to declare my past and or the need to "impress" her. She further said that "so what if I was previously the political secretary to the Prime Minister and a senior lawyer of over 30 years experience."

4) My Counsel objected and told her that reputation is needed to be established for the purposes of a claim for damages etc. He was told to proceed and go on to the next issue.

5) In giving evidence, whenever I had to refer to an exhibit and or an admission made by the defendant in support of my answers, I was accused of "submitting to her" and she abused me as trying to conduct my evidence as a lawyer and not as a witness. Again, objections by my three Counsels were overruled and when so overruling my Counsels, banged the table with her right hand.

6) The Judge repeatedly accused my Counsels of not "doing their work" and such remark seemed to be always on cue when Defendant Counsel makes any objections. This lawyer is also the lawyer acting for the crony of Abdullah Badawi in the defamation suit for RM 50 million against me.

7) This hostile exchange went on till lunch break. I had not by that time finished with my testimony. During the lunch break and unknown to me, the judge summoned the defendant's counsel and my lead counsel to her chambers and declared that I had no case and she will dismiss my claim.

8) My Counsel informed me of this development while I was having my lunch.

9) When Court resumed, I requested an audience with the judge in her chambers with all parties present to make a formal complaint to spare her the embarrassment of a public complaint. The Judge refused my request.

10) The Judge resumed the hearing in Open Court, whereupon I addressed the Court and said:

"I have no wish to continue with the proceedings as I have no confidence in the impartiality of the Court. My three counsels have been repeatedly abused by you. You have also abused me and cast unwarranted aspersions on my character without basis. In my over 30 years of practice, no judge has ever abused me and or was rude to me. I intend to make a complaint to the Chief Justice and would now take leave and retire."

I said this in a very firm and deliberate manner.

IT IS TO BE NOTED THAT IN MALAYSIAN COURTS, PROCEEDINGS ARE RECORDED LIVE, AND AT THE END OF THE PROCEEDINGS, WE ARE GIVEN A COPY OF THE VIDEO RECORDING.

11) The judge remarked and warned me that my conduct has been recorded. To that I replied that likewise her abusive behaviour was also recorded.

12) Whereupon, the Counsel for the defendant stood up and shouted, "This is contempt! Arrest him! Arrest him!" and cited Order 51 of the Rules (which by the way does not provide such measures).

13) The Judge incited by that lawyer, directed the police officer in attendance to arrest me and place me in custody in the Lock-up at the basement of the Court Complex.

14) The professionalism of the police officer was such that he did not handcuff me, but merely invited me to follow him. In the course of our short walk to the lock-up, he said that he was stunned and was disappointed with the behaviour of the judge towards a senior lawyer.

POINT TO NOTE: IN ACCORDANCE WITH MALAYSIAN LAW, I HAD NOT COMMITTED ANY CRIME AT THAT STAGE TO WARRANT ANY ARREST, MORE SO ONE INSTIGATED BY A LAWYER. AN ALLEGED CONTEMPT AT THAT STAGE IS NOT AN ARRESTABLE OFFENCE. MORE OF THIS LATER.

15) When we reached the basement, I was invited to sit on a sofa and was not placed in a cell. He enquired whether I would like to have lunch and or refreshments and was most concerned about my well-being. I asked for permission to use my cell phone to contact another Counsel to defend me in this matter. The officer readily gave his consent.

16) I immediately called my friend and fellow colleague, Mr. Zainur Zakaria who is also the Acting Chairman of the Kuala Lumpur War Crimes Commission.

17) When I narrated the events on the phone to him, he was utterly shocked and asked me, "Was there any charge for contempt? Was a charge prepared and read out to you? Was any plea taken?"

I replied, "None whatsoever ... I am wrongfully arrested."

18) Zainur rushed to my cell from his office which was five minutes away from the Court Complex.

19) Zainur went to the Court and told the judge that I cannot be arrested for contempt when there has been no charge and no plea taken, and most importantly no conviction. Zainur knew the law as he had faced a similar experience some years ago.

20) The Judge went to her chambers, prepared the charges and resumed sitting in Open Court.

21) She read the charge to me and if my memory serves me right, this is what she read out, "You lost your cool and left the court premises. This is contempt (The video would verify the exact words). How do you plead?"

I responded, "Not Guilty."

22) Zainur requested an adjournment till the next day ? Friday to prepare my defence. The Judge refused and demanded that I defend myself.

23) I told the judge that she had abused the lawyers and me and as such I am not in contempt.

24) She proceeded to convict me and asked for my mitigation. I said there is nothing to mitigate and that I intend to appeal against her decision. She then proceeded to impose sentence: RM20,000 to be paid within a week, failing which one month's jail.

The Judge also directed that the trial of my claim would continue the next day and if I am not present, she will proceed to dismiss my claim.

25) On Friday, my Counsel made an application for the Judge to recuse herself on the grounds of her behaviour on the previous day as well as having convicted me of contempt. She refused and disposed the case in my absence. My Counsel was asked to discharge themselves.


THIS SUMS UP WHAT HAS TRANSPIRED.

The judicial system is rotten, but I had in the past tried to reform by working within the system and held back my open criticisms.

I never expected to be a victim of the system. If this can happen to me, what more the poor and or unrepresented litigant.

It seems that there have been many cases of abuse by this Judge but the Chief Justice did not take any action.


MY FAMILY IS 100% BEHIND ME ON THIS MATTER.


I have no intention to pay the fine. I am also considering not even appealing as I have no confidence in the Appellate Courts. Should there be an appeal, they could do a white wash and uphold the conviction to protect one of their members. The public would be confused and may even think that I was indeed wrong in opposing the abuse. They may also be cowed in the future in any opposition to similar abuse.

I am therefore preparing myself to go to jail and hopefully, my incarceration would arouse the conscience of the people to stand up and fight against an injustice. An action that has been DELAYED FOR TOO LONG.

I appeal to all of you for your understanding and support and I seek your assistance that my plight be given the widest publicity as possible.

You can do so by writing to: -

1) The Prime Minister, Dato? Seri Najib bin Tun Razak

Fax: +603-88880142 or +603-88887711

Political Secretary's Fax: +603-88883971


2) President Bar Council, Malaysia

Fax: +603-20261313

3) Chief Justice, The Rt Hon. Tun Dato Seri Zaki Bin Tun Azmi
Chief Justice Chambers
Federal Court of Malaysia
Istana Kehakiman
Precinct 3, 62506 Putrajaya
Malaysia
Email: normazaida@kehakiman.gov.my This e-mail address is being protected from spambots. You need JavaScript enabled to view it

4) Chief Judge of the High Court of Malaya
The Rt Hon. Tan Sri Arrifin Bin Zakaria
Chief Judge Chambers
Federal Court of Malaysia
Istana Kehakiman
Precinct 3, 62506 Putrajaya
Malaysia
Email: noridah@kehakiman.gov.my This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The week for payment of the fine ends on Wednesday - 31st March 2010

I intend to surrender myself at the Court premises. produce the RM20,000 to establish evidence that I have the means to pay, but will not pay and rather be sent to jail in defiance of the injustice inflicted on me by this errant and abusive Judge.

I thank you all for your support.

As ever,

Matthias Chang

1Malaysia Clinic: Is the Health Ministry Above the Law?

"You are just Pisang Goreng to "the powers that be" -
where you once needed a doctor's review before a diagnosis could be made,
now you make do with everything & anything (including MCs!!)
dished out by 1/2 past 6 MAs at 1-Malaysia Clinics.
Just wait till your dads/Husbands die from being served antacids for a Heart attack
or IV drips for heart/kidney failure.
You can then thank criminals for treating you
in the name of 1-Malaysia!!"

~ Ya Habibie Cruzeiro al-Thots

"A doctor today with an Annual Practicing Certificate (APC)
is legal under the Medical Act 1971 but becomes illegal
if his premise is unregistered under the PHFSA 2006.


But a Hospital Assistant (HA) working in a presumably legal PHFSA premise, 1Malaysia Clinic,
becomes immediately illegal as he has committed a felony

under the Medical Act 1971 since under this Act only registered medical practitioners are allowed to work in medical clinics.


This is the end result of people like SM Idris who give half-baked ideas
to our poorly trained civil servants
who then create silly laws in a knee-jerk unthinking fashion,
which ultimately not only endanger people’s lives but place the government eventually in a legal quandary.
Worrying statistics of wrong prescriptions and misdiagnoses seeping out of 1Malaysia Clinics maybe just the tip of a disaster waiting to happen."

~1Malaysia Clinic: Is the Health Ministry Above the Law?

Wanna Buy a Proton? Go overseas, mate!!

How can we thank the BN Govt?
Buy a Proton!!!
Here's something I picked up in Facebook:-


Harga Persona kat Saudi = SR 36,100

Harga Gen2 kat Saudi = SR 33,600
Harga Waja kat Saudi = SR 37,950

1 Saudi Riyal = RM 0.94

Maknanya harga Persona kat Saudi = RM 33,934 aje
Maknanya harga Proton Gen2 kat Saudi = RM 32,256 aje
Maknanya harga Waja kat Saudi = RM 35,673 aje

1 Malaysia bayar RM 66,799.97 untuk 1 Waja di Msia!
RM31,126.97 lebih MAHAL!


"Takpe, Takpe" - Tribute to an MCA "Strongman" ....

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
===!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!===

===!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!===
Malaysian Health Minister Chua Soi Lek (image: Unicef)
Mr Chua asked media to give him and his family "some space"
Malaysian Health Minister Chua Soi Lek has admitted that he is the man who features in two widely circulated DVDs of an unmarried couple having sex.

He said he had apologised to the prime minister and other ruling party leaders but would not resign, and his own wife and children had accepted his apology.

Mr Chua said he had taken no part in the making of the DVD recordings, one of them said to be almost an hour long.

The video is CCTV footage taken in a hotel, according to one newspaper.

It is the latest in a series of difficulties to confront the administration of Prime Minister Abdullah Badawi, who is expected to call an election in the coming weeks.

According to Malaysia's Star newspaper, copies of the DVDs were initially left at various locations in the town of Muar, in Johor State, on Saturday "for people to pick up".

'It was me'

Mr Chua made his admission hours after the Star reported that the two DVDs were being widely distributed in Johor, his home state.

"I am the man in the tape," Mr Chua, 60, told reporters.

"The girl is a personal friend."

"I would like to emphasise I did not make the tape myself," he added.

"Who [did] this is not important. What is most important is that my family, wife and children have accepted my apology."

According to the Star, the DVDs are believed to be CCTV recordings made in a hotel suite. The hotel and the date are reportedly unknown.

As health minister, Mr Chua has advocated giving out free condoms to reduce the spread of HIV, in the face of religious opposition.

Thursday 25 March 2010

Religion sours Indira’s happy family story

Religion sours Indira’s happy family story

By Clara Chooi

Indira with her daughter Tevi (left) and son, Karan (right) at their home in Ipoh. — Pictured by Choo Choy May

KUALA LUMPUR, March 25 — Unlike most traditional Indian marriages, kindergarten teacher Indira Gandhi married K. Pathmanathan out of love.

Theirs was not the stuff of novels; it was just a run-off-the-mill high school romance that eventually resulted in an exchange of wedding vows.

What they did not know was that three children and 14 years later, their marriage would be torn apart by a highly-publicised inter-religious custody battle that, until today, remains unsolved.

In an exclusive interview with The Malaysian Insider in her home city of Ipoh recently, Indira vented her frustrations over the ambiguity of the country’s religious laws, and recalled the many trials and tribulations of the past year that had very nearly caused her to give up Hinduism just to keep custody of her children.

The drama, said Indira, actually began from the day after she and Pathmanathan became Mr and Mrs Pathmanathan. Once a doting boyfriend and first-love, Pathmanathan wasted no time in shedding his sheep’s clothing, she said.

“Shortly after we got married, he began to beat me. Over and over again. Most of the time over small, petty arguments,” she claimed. Her allegations cannot be independently verified and is not a subject of her legal case.

Indira, however, said she kept quiet about the beatings, not wanting to blow the problem out of proportion and praying daily that her high school sweetheart would soon return.

And so the couple moved on with their lives without much fanfare. In 1997, Indira gave birth to her first baby girl, Tevi Darsiny. A year later, a baby boy, Karan Dinish, joined the growing family.

The couple struggled through difficuly years as financial problems eventually began to cause serious dents in their marriage.

“I took a job as a kindergarten teacher. My husband switched from job to job and we had to move around Malaysia quite a bit. I hardly got to see my family members, not even during Deepavali,” said Indira.

To top it off, she had to settle the household bills and take care of the children all by herself, as Pathmanathan was frequently on the road.

Indira claimed she had to put up with abuse and infidelity.

“Not only that... he began to have an affair with a Thai woman. I knew about it but what could I do?

“Even my children knew about this. Imagine what it felt like when my daughter came home one day and told me — ‘Amma, I saw daddy with another woman’,” said Indira.

Still, like many broken marriages, Indira and Pathmanathan stayed married for the good of the children.

It was in March last year that the real drama really exploded, she explained, barely a year after she had delivered her third child, Prasana Diksa, a chubby little baby girl who should have been the uniting factor in a disintegrating marriage.

“He came home that day, telling me he wanted to talk to me. When we got the chance, he told me ‘Why not we all become Muslims? Life would be easier, we would get better opportunities, money would come easier’. He said ‘Come to Kelantan with me, they will give us land’. I was shocked,” she said.

“I refused and so did my two older children. We fought and he got angry... he began to beat me. My daughter yelled at him, saying ‘Don’t you ever lay your hand on Amma’. He got angry with my daughter but he did not beat her. He is a very good father to them,” said Indira.

In the midst of the argument, she said, Pathmanathan grabbed 11-month-old Prasana and stormed off.

“The other two did not want to come with him so he just took Prasana,” she said.

Losing Prasana was just a harbinger of worse to come.

At the police station later, Indira was dealt with a stunning revelation — that Pathmanathan had already embraced Islam earlier in the month and had become “Mohd Ridzuan Abdullah”.

“I was shocked because he has always been the religious... he would even go with us to the temples on occasions,” she said.

It was the first mile of long, bad road from that day onwards, said Indira.

Mohd Ridzuan had even converted all three children into Islam without the presence or knowledge of their mother, after taking the children’s birth certificates from the family home.

“He changed all their names and even informed their schools they were now Muslims,” she said.

It was then that Indira discovered the flaws in the country’s religious laws and just how sticky a custody battle could be when it involved a Muslim-convert and a non-Muslim.

With little choice in her hands, Indira was forced to take her struggle to the courts, and until today, her dilemma has not been solved.

She sought two things — that her children remain as Hindus and that she gets to keep custody of all three.

Since her husband absconded with Prasana, Indira has been living with her two older children in Ipoh.

To date, two conflicting custody orders have been granted to the couple — one to Mohd Ridzuan from the Syariah Court last April and one to Indira from the civil High Court on March 11 this year.

Which order should prevail, however, is still unknown as the country’s laws are silent on that matter.

Meanwhile, Indira’s application to seek leave for judicial review to quash the conversion of her three children to Islam has been set for April 3.

Indira contemplated embracing Islam, in order to be allowed to keep her children.

“I was happy when I was granted custody but yet a part of me also knew that the fight was far from over. I just wish that this never happened. I do not know why he has to do this. If he has found happiness in another religion, I do not care, go ahead with it, but leave the children out of it. I want my baby girl back...” she said.

Indira said that the last time she had caught a short glimpse of Prasana after a year-long separation was in January this year, when Mohd Ridzuan was ordered to bring the toddler to court to meet with High Court Justice Wan Afrah Wan Ibrahim.

Although she had been forewarned by her lawyers, the sight of her 21-month-old baby girl weighed down by a large tudung (Malay headscarf) had moved her to tears.

She voiced frustration at having missed out on so many firsts in Prasana’s growing years, like her first words, her first steps, and even her first birthday.

“I just missed so much... I missed so much. She was taken when she was just 11-months-old. I missed everything. She was such a pleasant child, very easy to care for and we all loved her. As a mother... and a kindergarten teacher, I see children everyday but I can’t see my own baby. Now, I do not know anything about her, how long her hair is, what she likes... I miss my child,” she said.

In fact, Indira said she had very nearly given up at one point and had even toyed with the idea of converting to Islam for the good of the family.

“It was my two older children who stopped me. My son said ‘If you want, you can go ahead. I do not want to be a Muslim’. He is a bold child... but my children were right... why should we convert?” she said.

She lashed out at the glitch in the country’s religious laws and condemned the government for not acting quickly on the matter.

To date, the government has given no indication on when it would amend the laws governing such religious conflicts.

Indira’s lawyer, M. Kulasegaran recently said that he would bring the battle back to the Parliament again soon, and blamed the legislative body for not moving fast to solve the deadlock.

In the meantime, Indira’s fight continues in the courts.

Tomorrow, the Ipoh High Court will hear Mohd Ridzuan’s application for a stay of the custody order granted by the civil High Court to Indira.

But the feisty 35-year-old said she was ready to do just about anything to win custody rights to her children, especially baby Prasana.

“There is no fight too difficult for me to handle, I will not give up, not surrender because my children’s futures are at stake here. I love them too much,” she said.

She said that she intended to fight this to the very end, even if it meant challenging the country’s 52-year-old system.

The system, Indira firmly added, may fail, but never the love of a mother for her children.

Tuesday 23 March 2010

Rumah Sakit Yang Sakit « Lim Kit Siang

Rumah Sakit Yang Sakit


An Open Letter to Health Minister

Dear Yang Berkhidmat Liow Tiong Lai,

Mr. Wong, an elderly man presented at Hospital Likas because of severe breathlessness and was found to have severe pneumonia on chest x-ray.

He was then admitted to the High Dependency Unit of Queen Elizabeth Hospital (QEH) 30 minutes away for treatment.

He improved after six days and was then transferred to the normal ward for further recuperation.

A bed was urgently needed one day later and the frail Mr. Wong was then shipped off to Hospital Bukit Padang for ‘rehabilitation’.

Alas, he did not improve but instead deteriorated.

As Hospital Bukit Padang was devoid of the necessary equipment and setup for managing emergencies and ill patients, Mr. Wong was then resent back to QEH for further management.

More tests were required and old Wong was then sent to Sabah Medical Center for a CT scan.

I’m not sure what happened to Mr. Wong thereafter.

Dear Minister,

I hope this short story did not catch you in an awkward moment as the infamous video did to your amorous predecessor.

I hate to interrupt you in the midst of your personal battle for self preservation in the increasingly irrelevant political party called MCA but the healthcare crisis in Sabah has just taken a turn for the worse.

The locals in Sabah refer to hospitals as ‘rumah sakit’ – translated literally to mean a ‘sick house’.

Increasingly, the Queen Elizabeth Hospital, the only tertiary referral center in Sabah is living up her grand title of being a sick house.

Partially shut down since September 2008, the ailing sick house of Sabah has turned critical recently, with worsening cracks and falling tiles and a real threat of frank collapse.

The older blocks nearby were declared unsafe and subsequently evacuated and shut down.

Ill and frail patients were shipped off in a frenzy like unwanted cargo to nearby centers like Hospital Bukit Padang the mental institution, Hospital Likas, and the makeshift hospital of Lingzhi Museum in Kepayan and of course, UMNO’s favourite Sabah Medical Center (SMC).

Mr. Minister of Health,

The formation of the Queen- SMC-Likas-Lingzhi-BukitPadang medical maze has brought total chaos to healthcare services in Sabah.

The docile and unassuming Sabahan patients are constantly playing a wicked game of musical chairs, being transported around from one hospital to another according to their changing healthcare needs.

There is not one single center that can address a patient as a whole.

A lady in labor will be told that she can’t do so in QEH, while a fitting patient are whisked away from Likas to QEH.

A child with a broken limb may go to SMC but the surgery can only be done in Likas.

Elderly Mr. Wong is merely one of many such victims.

Continuity of care is virtually impossible when patients are moved about every few days.

Valuable investigations and data are lost in the process of multiple transfers resulting in costly, repeated tests.

Patients have even died due to the lack of emergency equipment and the deficient setup at the peripheral wards.

You will not hear all these because your little pharaohs in the state health department have done a great job concealing negligence, mismanagement and sheer stupidity.

Medical personnel are suffering in silence too.

Doctors from house officers to specialists are rushing around the five medical centers daily, wasting precious time, fuel and energy in the process of doing so.

Medical officers have been doing eight to fifteen on-calls every month as a result of the increased locations housing the sick.

That is fifteen days away from home and family every month, mind you.

Just in case you forgot we too have young, growing kids to care for.

Absent parents do not make for good family dynamics, won’t you agree?

We are risking our lives each working day wondering if the abandoned tower block will one day collapse upon us and send us to our Maker.

Our comrades serving in Sabah Medical Center are not having it any better.

In spite of the Barisan Nasional’s grandiose publicity buzz over the RM 245 million purchase of Sabah Medical Center, the medical personnel and patients have remained mere squatters in the premises.

The medical staffs are receiving summonses so very too often as a result of limited parking space.

Those of us in surgical disciplines are working till 9 pm on Mondays to Fridays so as to optimize the operating time of our three miserable rented surgical theatres.

In the SMC wards, 4-5 patients are cramped into rooms meant for two as the hospital was built to house a capacity of 150 beds only.

Mr. Minister,

My colleagues and I cordially invite you to come and see the ground situation for yourself without a grand entourage of administrative boot-lickers.

Patients who require hospital admission have to be turned away due to the insufficiency of places.

The inpatients meanwhile are packed like sardines in the current wards, with hardly a metre of space between beds.

The situation is comparable to a Vietnamese refugee camp.

Hospital-acquired infections are the norm rather the exception.

When a patient with tuberculosis coughs his lungs out, everyone in the ward will be inhaling the highly infectious Mycobacterium.

After 50 years of independence, our ill patients who require close observation are still sharing monitors and other equipment between themselves.

Is this the standard of care that Barisan Nasional is according to Najib’s self-proclaimed fixed deposit?

Whatever happened to all the oil money that Sabah has generated for Tanah Melayu over the last 50 years?

So you see, Mr Health Minister, we don’t need more jobless house officers, more empty promises and more tasty slogans like 1Malaysia.

We need 1Hospital and 1HealthMinister who is attuned to the sufferings of the rakyat under his care.

Do and be all that even though Sabah will most likely hand Barisan Nasional another landslide victory come next general election.

With warmest regards,
Product of the System.

A Blast From The Past.....

A Blast From The Past.....Was The Oil Royalty 5% Or 20%?

Is the Petroleum Development Act 1974 unconstitutional? Petronas doesn't answer to Parliament and is only answerable to the Prime Minister of the day-hence if my memory still serves me correctly the Prime Minister of the day is Najib Tun Razak.But 36 years ago,the time the Petroleum Act was enacted,the Prime Minister was Tun Abdul Razak (22th.Sept.1970-14th.Jan.1976), while Tun Hussein Onn serve as the Prime Minister from 14th.Jan.1976-16th.July.1981.

Ironically,call it just pure coincidence,we are now seeing off springs in a similar capacity.But today we're more keen to re-discover the events that took place in Sabah,which could have change the fate of Sabahans,especially when oil was actually first discovered in 1882.

On the morning of June 6th.1976 @10am,Sabah Chief Minister born as Donald Aloysius Marmaduke Stephens and ,later known as Tun Haji Mohammad Fuad Stephens boarded a Nomad Aircraft from Kota Kinabalu and bound for Labuan. Along with him on the flight were State Ministers Datuk Salleh Sulong, Chong Thien Vun, and Assistant Minister Darius Binion. The purpose was to welcome Malaysian Finance Minister Tengku Razaliegh Hamzah and Sarawak Chief Minister, Datuk Pattingi Hj.Abdul Rahman Yakub,who were visiting the oil refinery at Labuan.

On the 7th.June.1976,the visiting Finance Minister cum Petronas Founding Chairman, Tengku Razaleigh Hamzah was scheduled to sign an Oil Agreement in Kota Kinabalu between the State Government of Sabah and Petronas. Unfortunately the signing ceremony never took place, not on the 7th.June.1976 anyway. The reason.... Chief Minister Donald Stephens, Salleh Sulong, Chong Thien Vun, Peter Mojuntin (the Golden Son of the Kadazans) along with 7 others perished in the controversial accident of the Nomad Aircraft carrying them on the 6th.June.1976, in Kota Kinabalu. That tragedy is also known as the DOUBLE SIX TRAGEDY or DOUBLE SIX CRASH.

The question lingering in the minds of Sabahans till this day is - was the final discussion prior to the signing of this Oil Agreement 5% or 20% ?? Will we ever know?


Catastrophically, after only eight days after the First Huguan Siou, Donald Stephens, perished in that controversial crash, and on the 14th.June.1976,the Government of Sabah signed an agreement with Petronas, granting it the right to extract oil and earn revenue from the territorial waters of Sabah in exchange for 5% in annual revenue as royalty.

Today, after 34 years, its questionable if National oil firm Petronas could be unlawful as its founding law was approved before it signed agreements with all the states, according to law professor Datuk Dr Shad Saleem Faruqi.

He also explained that according to the Malaysia Federal Agreement, land belongs to the states, which complicates the provision in the agreement surrendering control of petroleum found onshore under the Petroleum Development Act 1974.

“I think there are some aspects of the Petronas Act that is unconstitutional,”

Under the agreements signed in the mid-1970s all state governments were promised cash payment or royalty of five per cent for petroleum extracted onshore or offshore in return for surrendering their control of petroleum resources to the national oil company.

Shad also pointed out that the Act was passed before all the states had signed the agreement.

“The constitution says when you take somebody’s property you have to pay adequate compensation,” said Shad.

Federal powers:

In Schedule 9, List I of the Federal Constitution, the following topics are assigned to the Federal Government:

> Except as to State rights over permits and licenses, the Federal Government has rights over development of mineral resources, mines, mining, minerals and mineral ores, oils and oilfields, petroleum products, safety in mines and oilfields: Para 8(j).

> Gas and gas works, production and distribution of power and energy: Para 11(c).

> Foreign and extra-territorial jurisdiction: Para 1 (g).

> Treaties, agreements and conventions with other countries and all matters which bring the Federation into relations with any other country: Para 1(a) and 1(b).

Peninsular Malaysian States:

When it comes to Peninsular Malaysian States, the following matters fall in State hands:

> Land: Schedule 9 List II, Para 2(a). Under the Interpretation Acts, 1948 and 1967, Section 3, land includes “the surface of the earth … all substances therein… all vegetation and other natural products… whether on or below the surface… and land covered by water”. The territorial waters of Kelantan will come within the definition of “land covered by water”. Territorial waters are defined by Section 4(2) of the Emergency (Essential Powers) Ordinance No 7, 1969. Subject to some exceptions, they refer to three nautical miles.

> Revenue from lands: Schedule 10, Part III Para 2.

> In addition to the income from land, one notes that in Article 110[3A] there is provision for discretionary payment on such terms and conditions as maybe prescribed by or under federal law of the export duty on “mineral oils” produced in the state. Petroleum comes within the meaning of “mineral oils” under Section 10 of the Petroleum Development Act.

Sabah & Sarawak:

In addition to the rights of other states, Sabah and Sarawak enjoy some special sources of revenue.

> Schedule 10, Part V, Para 1 assigns import duty and excise duty on petroleum products to Sabah and Sarawak.

> Schedule 10, Part V, Para 3 assigns royalty and export duty on “mineral oils” totaling 10% to Sabah and Sarawak. “Petroleum”, as defined in the Petroleum Development Act, falls within the meaning of “mineral oils” and, therefore, 10% combined royalty and export duty on it constitutes part of the guaranteed revenue for Sabah and Sarawak.

From the above, it follows that the constitutional right of Peninsular Malaysian states is confined to fees for permits and licences and for extraction of any petroleum that is derived from their land and territorial waters.

Anything beyond territorial waters, e.g. on the Continental Shelf, is entirely in federal hands. All gas is in federal hands.

Legally, the oil and gas belongs to the states. The only way the federal government can ‘steal’ this oil and gas would be to come out with a new law that allows them to do so. If not it would be illegal for the federal government to touch the oil and gas. It belonged 100% to the states.

And this new law or Act called the Petroleum Development Act 1974 allowed the federal government to unilaterally (note the word ‘unilaterally’ and not ‘bilaterally’) amend the terms of the Federal Agreement. Normally, it requires all the parties to the Agreement to agree to any amendments to that Agreement before it can be amended. In this case, only one party made the changes (unilaterally) and the other parties were forced to remain silent.

The Federal and State Government of Sabah have a whole load of explaining to do.Were there two sets of agreement - one dated on the 7th.June 1976 and the other 14th.June 1976? Was the oil royalty 5% or was it more?

Why didn't any of the Chief Ministers after Donald Stephens demand for more oil royalty for Sabah? Sabahans have been hoodwinked long enough and the time has come for Sabahans to demand what rightfully belongs to them.The State Government of Sabah has been silent and it's quite obvious,they will remain silent-hence a puppet government.If history could be reversed would Sabahans today enjoy a much higher oil royalty had the illustrious sons and freedom fighters of Sabah did not perished?

Interestingly,Tengku Razaleigh Hamzah has been invited and has agreed to deliver a talk and answer questions in relation to the petroluem issue on the 2nd.April.2010 @8pm at the KDCA Buiding in Penampang,Sabah.I would encourage all Sabahans to attend this event and probably listen to all the unanswered questions.