Friday, May 22, 2009

Soon there will be no voting in Malaysia

Those of you who hate voting will realise your dreams. The recent
appeal court has decided that it is not necessary to vote in order to
make a decision regarding "confidence of the majority" since there is
no mention of it in the phrase that any voting is required.

Similarly for all elections. There is no such word in the phrase in
determining that an assembly man has the confidence of the registered
voters which is to be decided by the Election Commission.

You may argue that votes are to be counted in an election but
similarly for all elected house assemblies. Votes should be counted.
Now a show of hand is sufficient. Similarly for the Election
Commission just because there is no word in the sentence that voting
is required in order to determine the person who has the confidence of
the voters.

The court is very clear in stating that this applies only to the Perak
Assembly which implies that the Federal Assembly is a different case
but the wordings of these constitutions and Election acts are similar.
There are no specific words which state that voting is required in
order to determine the person who has the confidence of the voters or

Of course it should not be applied to all cases, but what stops the
judges from declaring similar judgements? Nothing at all.

Many of you will be happy that you don't even have to vote. Maybe just
write a piece of letter or petition in return for huge sums of money.
It will be more beneficial for most Malaysian voters and much cheaper
for the Election Commissions.

Hasn't the Elections Commissions and especially BN government
complained that Elections COST TOO MUCH??? Many voters even complained
the voting is too much hassle and costly.

Soon your wish will be answered. But Malaysian will fall into the
drain much worse than Zimbabwe because even Zimbabwean judges dare not
make such a judgement, and voting is still practised despite all the
costs in money and lives.

Thursday, May 21, 2009

Reasons why Malaysian Judiciary is Unfair

The Malaysian Insider
Friday May 22 2009
Mohamed Hanipa Maidin sits on the Pas central committee and is the Pas
legal adviser. He is also a lawyer who blogs at peguampas.
Related Articles

* Sultan did the right thing, says AG
* No laws exist to remove MBs, says Nizar's lawyers
* Nizar pledges fresh polls
* DAP protests 'doctored' BN DVDs
* Pembubaran DUN Perak kian hampir — Husam Musa
* Judgment day tomorrow in MB vs MB case
* BN hurt by bad public relations
* Absolute or constitutional monarchy? — Lord Bobo

Perplexing judiciary in Perak lawsuit

MAY 18 — As of today it is undisputable that Datuk Seri Zambry Abdul
Kadir is a confirmed unlawful mentri besar of Perak. On the other hand
Datuk Seri Nizar Jamaluddin is a confirmed lawful mentri besar of
Perak. That is the gist of the high court's decision delivered by
Justice Datuk Abdul Aziz on May 11, 2009.

How about the stay order granted by a single Judge of the court of
Appeal on May 12, 2009 ? Does the stay order invalidate the high
court's decision? The short answer is a resounding no.

The stay order merely bars the lawful mentri besar from carrying out
his lawful duties and in turn allows the unlawful mentri besar to
continue performing his unlawful duties. That is the gist of the court
of appeal's decision delivered on May 12, 2009.

When the high court judge made a decision allowing all the prayers
sought by Nizar in his judicial review application, the learned high
court judge, to his credit, gave a reasoned judgment.

Therein he discussed in great detail all the points canvassed by all
parties in their respective submissions. Armed with such a reasoned
decision, the people are not kept in the dark as to the reasons why
Nizar won the suit.

On the contrary there were glaring absences of reason as to why the
stay order was granted to Zambry thus the court of appeal has kept the
people in the dark. Justice demands a reasoned judgment from the court
whenever it allows or dismisses any application made by any litigants.

In all Perak suits which have landed in the highest court so far,
neither the court of appeal nor the Federal court paid attention to
this vital aspect of the court's process namely the preparation of
reasoned judgments.

No judgment was prepared when the court of appeal allowed V.
Sivakumar's appeal against the decision of Ridzuan J. denying
Sivakumar's right of appointing his own solicitors.

When the court of appeal dismissed Nizar's appeal against the decision
of Justice Lau Bee Lan which allowed the Attorney General's
application to refer Nizar's suit to the Federal court, the court of
appeal also failed to write any grounds of judgment.

When the Federal court overturned Lau Bee Lan's decision allowing the
Attorney General's application to refer Nizar's suit to the Federal
court, the apex court could not be bothered to prepare written grounds
of judgment setting out the reasons why the high court's decisions
deserved to be reversed.

The request made by Nizar's lawyers for a written judgment was only
met with the following reply by our judiciary : " the court will not
provide any ground of judgment."

It is common knowledge especially amongst the legal fraternity that
the issue cropped up in the Federal court involved a very important
and fascinating constitutional issue. The utter failure of the apex
court to prepare a reasoned judgment in such an important case speaks
volumes of judicial dexterity.

When the Federal court allowed Zambry's suit against Sivakumar, once
again the Federal court did not write any written judgment. Everybody
was expecting that the Federal court would prepare a reasoned decision
for such an important decision.

After all the Federal court disregarded the doctrine of separation of
powers thus nullified the earlier five judgments given by Malaysian
judges of impeccable integrity. Unfortunately no reasons were given as
to why the court came to that finding.

In view of the above scenario, it came as no surprise when Datuk Ramly
J. failed to prepare any written judgment when he granted the order of
stay favouring Zambry. To date we are unable to know what are the
special circumstances necessitating the grant of such a stay order.

The argument that if Nizar was not barred from acting as a lawful
mentri besar , he would dissolve the state assembly is, with due
respect, misconceived in law. It presupposes the power to dissolve the
state assembly is vested in Nizar. Definitely such a reason does not
qualify as special circumstance justifying the order of stay.

Perak crisis has attracted media frenzy domestically.

The lawsuit deals with many constitutional issues of great
consequence. In other jurisdictions one would expect the court in
particular the apex court takes pride in preparing a ground of

Writing a ground of judgment is part of judicial process hence it must
be seen as a sacrosanct duty and exalted task. Unfortunately the Perak
lawsuit seems to suggest that this vital judicial exercise is no
longer seen as a lofty act done with profound enthusiasm.

When the highest courts of the land failed to prepare a judgment in
such an important lawsuit , the only conclusion which may be
justifiably drawn is that the courts are not fully confident to share
the reasons with the people at large.

The old adage that justice must not only be done but must manifestly
be seen to be done has unfortunately escaped the attention of our

It is germane here to share the following sentiment of former Lord
President Tun Salleh Abas when he gave the following advice to his
then judicial brethren

"We hope that Judges should endeavour to write their grounds of
decision and take delight in this aspect of judicial work as a matter
of personal pride and satisfaction and not as a burden. Failure on the
part of judges to write their grounds of decision will certainly
undermine their authority to insist upon magistrates and presidents of
sessions court to write theirs. If the practice of not writing grounds
of judgment is widespread the system of administration of justice will
tumble down."

Nizar and by extension the people of Perak are not only perplexed by
the failure of the court to prepare a judgment but also overwhelmed by
the conduct of our judiciary in failing to fix an early date for
Nizar's application to set aside the stay order.

The judiciary is bound to explain to the public why Zambry could
easily get the hearing date on the same day he filed his application
for a stay of execution. Zambry filed his application on May 12 and
obtained the hearing date and in turn the stay order on the same date.

Nizar filed his application on May 14 and was only given the hearing
date on May 18 despite having a certificate of urgency. The hearing
date which was initially fixed on May 18 was subsequently changed to
May 21 — the same day the hearing of Zambry's appeal. If this is not
discriminatory, please do tell what is?

By fixing Nizar's application on the same day of Zambry's appeal, the
people perceive that that the rule of the game has been unduly
changed. It is no longer seen as a fair game governed by transparent
and unbiased umpire.

The public perception is that that the umpire namely the court is seen
to be more sympathetic to Zambry than Nizar. The court should have
avoided doing something which led to such a negative perception.

The people need to know why the court failed to appreciate the urgency
of Nizar's application as it did to Zambry so much so Nizar's
application has now become academic and fruitless. Why there is a need
to have Nizar's application heard on May 21 when Zambry's appeal is
also fixed on the same date. Like it or not, this is a mockery of the
first order.

Whatever reasons given by our judiciary on such a regrettable
incidence, it is very hard for the people to believe that the dented
image of our judiciary has been duly and fully repaired. Under such
circumstances, can the people be faulted if they have misgivings about
our judiciary?

Saturday, May 16, 2009

Re: War it will be

On May 16, 12:13 pm, "samsuddin" <> wrote:
> Islam
> No comment - just read, absorb it and pass it on.

These are the facts of the so called imposed Islam as practised by
Karzai in Afghanistan and UMNO in Malaysia.

In Malaysia, the so called Islamic has created the poorest region on
earth although the richest in oil revenues, i.e. Sabah, Trengganu and
Sarawak whereas, Kelantan, rules by PAS, a more fundamentalist Islamic
government has prospered well despite lacking in resources.

The West had been supporting these false Islam in the Gulf States,
Shah of Iran, Iraq, UMNO of Malaysia, Karzai of Afghanistan creating
all the social ills such as poverty(among the worst in the world),
slavery(Malaysian is among the worst offender) and gap in income, that
are caused by lack of morality that led to corruption and plain theft.

What made it worse is that the western nations used to allow free flow
of the ill-gotten wealth of these corrupt so called Islamic regimes,
into their nation's economy until recently with the introduction of
anti-moneylaundering acts.

These anti money laundering acts had nothing to do with helping the
true Muslims but in controlling terrorism, especially Islamic Freedom
Fighters(called terrorists by the west) that want to expel these
so-called Islamic regimes by attacking their main sponsors, the
western world.

They have achieved their aim with the introduction of the anti-money
laundering acts in most of the world. Now these corrupt leaders have
to justify their income and therefore cannot freely move their ill-
gotten wealth to the western nations to be spent and enjoyed.

They have to build these luxuries right at home so that they can enjoy
their wealth, instead of just plundering the wealth of their homeland
to be enjoyed in the more developed nations.

The very clear example is Sudan, a false Islamic state that condone
murder and rape in their genocide of Darfur. It is becoming more
developed than Malaysia, at least at Khartoum, which is similar to
Kuala Lumpur of Malaysia.

Of course, the role of the ICC(International Criminal Court) is
probably higher than the role of the anti-money laundering acts, in
the case of Sudan.

> Islam is not a religion, nor is it a cult. In its fullest form, it is a
> complete, total,100% system of life.
> Islam has religious, legal, political, economic, social, and military
> components. The religious component is a beard for all of the other
> components.
> Islamization begins when there are sufficient Muslims in a country to
> agitate for their religious privileges.
> When politically correct, tolerant, and culturally diverse societies agree
> to Muslim demands for their religious privileges, some of the other
> components tend to creep in as well.
> Here's how it works:
> As long as the Muslim population remains around or under2% in any given
> country, they will be, for the most part, be regarded as a peace-loving
> minority, and not as a threat to other citizens. This is the case in:
> United States -- Muslim0.6%
> Australia -- Muslim1.5%
> Canada -- Muslim1.9%
> China -- Muslim1.8%
> Italy -- Muslim1.5%
> Norway -- Muslim1.8%
> At2% to5%, they begin to proselytize from other ethnic minorities and
> disaffected groups, often with major recruiting from the jails and among
> street gangs. This is happening in:
> Denmark -- Muslim2%
> Germany -- Muslim3.7%
> United Kingdom -- Muslim2.7%
> Spain -- Muslim4%
> Thailand -- Muslim4.6%
> From5% on, they exercise an inordinate influence in proportion to their
> percentage of the population. For example, they will push for the
> introduction of halal (clean by Islamic standards) food, thereby securing
> food preparation jobs for Muslims. They will increase pressure on
> supermarket chains to feature halal on their shelves -- along with threats
> for failure to comply. This is occurring in:
> France -- Muslim8%
> Philippines -- Muslim5%
> Sweden -- Muslim5%
> Switzerland -- Muslim4.3%
> The Netherlands -- Muslim5.5%
> Trinidad & Tobago -- Muslim5.8%
> At this point, they will work to get the ruling government to allow them to
> rule themselves (within their ghettos) under Sharia, the Islamic Law. The
> ultimate goal of Islamists is to establish Sharia law over the entire
> world.!
> When Muslims approach10% of the population, they tend to increase
> lawlessness as a means of complaint about their conditions. In Paris , we
> are already seeing car-burnings. Any non-Muslim action offends Islam, and
> results in uprisings and threats, such as in Amsterdam , with opposition
> to Mohammed cartoons and films about Islam. Such tensions are seen daily,
> particularly in Muslim sections, in:
> Guyana -- Muslim10%
> India -- Muslim13.4%
> Israel -- Muslim16%
> Kenya -- Muslim10%
> Russia -- Muslim15%
> After reaching20% , nations can expect hair-trigger rioting, jihad militia
> formations, sporadic killings, and the burnings of Christian churches and
> Jewish synagogues, such as in:
> Ethiopia -- Muslim32.8%
> At40% , nations experience widespread massacres, chronic terror attacks,
> and ongoing militia warfare, such as in:
> Bosnia -- Muslim40%
> Chad -- Muslim53.1%
> Lebanon -- Muslim59.7%
> From60% , nations experience unfettered persecution of non-believers of all
> other religions (including non-conforming Muslims), sporadic ethnic
> cleansing (genocide), use of Sharia Law as a weapon, and Jizya, the tax
> placed on infidels, such as in:
> Albania -- Muslim70%
> Malaysia -- Muslim60.4%
> Qatar -- Muslim77.5%
> Sudan -- Muslim70%
> After80% , expect daily intimidation and violent jihad, some State-run
> ethnic cleansing, and even some genocide, as these nations drive out the
> infidels, and move toward100% Muslim, such as has been experienced and in
> some ways is on-going in:
> Bangladesh -- Muslim83%
> Egypt -- Muslim90%
> Gaza -- Muslim98.7%
> Indonesia -- Muslim86.1%
> Iran -- Muslim98%
> Iraq -- Muslim97%
> Jordan -- Muslim92%
> Morocco -- Muslim98.7%
> Pakistan -- Muslim97%
> Palestine -- Muslim99%
> Syria -- Muslim90%
> Tajikistan -- Muslim90%
> Turkey -- Muslim99.8%
> United Arab Emirates -- Muslim96%
> 100% will usher in the peace of 'Dar-es-Salaam' -- the Islamic House of
> Peace. Here there's supposed to be peace, because everybody is a Muslim, the
> Madrasses are the only schools, and the Koran is the only word, such as in:
> Afghanistan -- Muslim100%
> Saudi Arabia -- Muslim100%
> Somalia -- Muslim100%
> Yemen -- Muslim100%
> Unfortunately, peace is never achieved, as in these100% states the most
> radical Muslims intimidate and spew hatred, and satisfy their blood lust by
> killing less radical Muslims, for a variety of reasons.
> 'Before I was nine I had learned the basic canon of Arab life. It was me
> against my brother; me and my brother against our father; my family against
> my cousins and the clan; the clan against the tribe; the tribe against the
> world, and all of us against the infidel. -- Leon Uris, 'The Haj'
> It is important to understand that in some countries, with well under100%
> Muslim populations, such as France, the minority Muslim populations live in
> ghettos, within which they are100% Muslim, and within which they live by
> Sharia Law. The national police do not even enter these ghettos. There are
> no national courts, nor schools, nor non-Muslim religious facilities. In
> such situations, Muslims do not integrate into the community at large. The
> children attend madrasses. They learn only the Koran. To even associate with
> an infidel is a crime punishable with death. Therefore, in some areas of
> certain nations, Muslim Imams and extremists exercise more
> power than the national average would indicate.
> Today's1.5billion Muslims make up22% of the world's population. But their
> birth rates dwarf the birth rates of Christians, Hindus, Buddhists, Jews,
> and all other believers. Muslims will exceed50% of the world's population
> by the end of this century at their current rate of
> reproduction.
> Adapted from Dr. Peter Hammond's book: Slavery, Terrorism and Islam: The
> Historical Roots and Contemporary Threat
> This is scary. Here is some serious reading for serious thinkers.
> Now that you know, what we will do with this knowledge?
> Robin Kanarek5Cliff Road
> Greenwich, CT06830
> Home:203-869-1648
> Cell:203-962-1908
> --------------------------------------------------------------------------------
> Internal Virus Database is out-of-date.
> Checked by AVG.
> Version:7.5.557/ Virus Database:270.12.11/2089- Release Date:30/04/2009
> 5:53PM

Friday, May 15, 2009

Pictures of Sudan and Darfur

These are pictures of Sudan taken from blog,
Khartum Palace :



These are pictures taken from frames in Darfur Today:

Geneina in Darfur:

A town in Darfur. Note the electricity poles. So they have electricity. Many villages in Sabah do not have electricity. Even small towns like Pensiangan and Sukau only have a few hours of electricity. In fact the whole of Sabah is suffering from frequent blackouts.

Near Jabal Marra where the Darfur rebels are fighting. Note the large advertisement boards and multi-storey buildings. It is just like any major town in Sabah execpt for the roads. It is still earth but appear to be passable. Unlike gravel roads in Sabah that are full of holes.

World actions led to Sudan's Developments

These are very good comments on the sufferings of the all-muslims
Darfur citizens.

I have made comments at this blog but failed to copy them.

Let me add some more:

The warrant of arrest against Omar Bashir and others didn't allow them
to transport money and wealth out of their nations which they are
plundering. Although we may fail to indict them, but at least the
sufferings of the people should be much less.

We should do the same with Myanmar and Israel.

Israel may be difficult because of US support for these war criminals
since it is also protecting its own war criminals. Just pray that US
will change its mind and join the ICC.

Anti-money laundering, which is actually devised to stop terrorism,
actually helped citizens because their leaders cannot just export
their ill gotten wealth overseas or domestically without international

photographer said...

"African" Liz and those weighing in,

You are naive to the point of approaching blindness if you cannot
(or are perhaps unwilling to) connect the dots between years of
marginalization and persecution at the hands of the very same rouge
regime you are touting here as an up and coming African power-house
and the new development in Khartoum.

This will be nothing more than a playground for Sudan's
conscientiously flexible elite to entertain the representative of
multinational corporations while they all become wealthier securing
future development and international trade deals.

Are you aware that for years the populations living on oil rich
ground in south Sudan were bombed off their lands so their government
could exhume the crude beneath the bodies of those not quick enough to
escape and all the while strategically deny them access to education
and a voice in government? This government has a track record nearing
three decades long for conducting scorched-earth campaigns on it's own
people because it could not maintain it's grip on power and wealth
while providing for the needs of it's people. It was a simple matter
of choice and the capacity to live with themselves after.

Now, after years of oil revenues enabling the buildup of "defense"
forces designed to suppress the populous, surpluses afford this regime
the capacity and therefore opportunity (some might say obligation) to
tend to the needs of the destroyed population remaining. Yet they
still choose to indulge themselves with a modernity beyond the means
of a responsible government in their position, while living with
themselves following decades of shameful choices seems within reach on
the eve of turning their capitol city into a gated community.

They cannot be praised for this, and the millions of dead,
diseased and displaced, whose shortened miserable lives paved the way
for this "development" must not be merely a parenthetical footnote. As
a documentary photographer, I have lived countless days through the
hell, which lies in the wake of nearly two and a half decades of
brutal "civil" wars by other means. I have followed in the footsteps
of the population of Southern Sudan whose lives lie shattered and
strewn across the Central and East African landscape. I have been to
Darfur. You should go to the new south Sudan and see the myth of
tranquility you've heard about.

This development project, multinational corporate boardrooms, and
yes Khartoum are the new frontlines of the war threatening to
exterminate the precedence of Genocide.

As an artist, I have chosen as a platform for illustration the
latest in a series of genocidal positions taken by those governing who
would choose the protection of natural resource revenues over that of
it's people.

We all have to make choices we can live with.
January 16, 2008 5:03 PM

Tuesday, May 12, 2009

Sabah is as poor as Darfur

Taken from Darfun Today DVD.

Their houses are made of stone and their clothes are proper.

And this is a population is undergoing genocide with many being killed.


Look at the houses in Sabah. Rusty zinc roofs and no proper sewer. These are not Filipinos because they are right in towns.

These houses may have electricty but just imagine the conditions of these houses when they are far from towns. They also won't have electricity and water.

Similarly for Darfun. In towns, their houses are just as big and beautiful as in Sabah.

I had problems earlier with the image capture from DVD play. Later on I shall compare towns in Sabah and Darfur.

Both Darfur and Sabah are oil producing regions.

Re: A stay given to Zambry, is a stay of M'sian justice

On May 12, 6:14 pm, "FWF" <> wrote:
> a legally elected representative to be MB, is given by the court over right
> to a thief
> the thief can appeal but the thief has no right until his appeal is heard
> however here in malaysia a thief is given the right over the person he stole
> by a court who decided the matter in a second

A very strange way of justice in Malaysian courts.

Nizar was the original Chief Minister. Zambri had been elected
illegally as judged by the High Court of Malaysia

When Nizar applied for a stay of execution, i.e. delaying the
appointment of Zambri based on dubious circumstances, Nizar, the
original Chief Minister elected by the people and officially appointed
by the Sultan of Perak, was denied.

When Nizar finally got the court verdict, that Nizar is the actual
Chief Minister, he is prevented from assuming office because a stay of
execution order was awarded to Zambri, the thief of the original post.

Just imagine having a thief who stole your house by forcefully
evicting you from your house. When you go to court to reclaim your
property, the court does not allow you the right to enter your own
house, despite protesting that the thief is illegally occupying your

When you finally won a judgement, that the house is actually yours,
the court now allows the thief to continue staying and enjoying your
house, while the court process is still in process. You should know
that court processes in Malaysia can take ages to finish. The thief
can continue occupying your house illegally, while you, the original
rightful owner is denied the rights to that house.

You don't call this justice any more. More like a Kangaroo court.

If you read this news, please note that Zambri is not the "staus quo",
Nizar was.

PERAK CRISIS: Nizar seeks audience with Ruler to dissolve assembly
By : M. Husairy Othman, Jaspal Singh & P. Chandra Sagaran
Email to friend Email to Friend Print article Print Article


Datuk Seri Nizar Jamaluddin has sent a letter through an aide to Perak
Regent Raja Dr Nazrin Shah today to seek an audience and ask for the
dissolution of the state assembly.
"The letter was sent over to Istana Kinta in Ipoh at 8am today," he
said after attending an investiture in conjunction with the Sultan of
Perak Sultan Azlan Shah's 81st birthday at Istana Iskandariah here.

This was the first official function he attended after being declared
as the rightful Menteri Besar by the Kuala Lumpur High Court on

Earlier, Nizar and his wife Datin Seri Fatimah Taat arrived at the
palace in the official Menteri Besar's Toyota Camry bearing the
registration number AGS 10 at 8.30am.

In the palace, he had a brief chat with state secretary Datuk Dr Abdul
Rahman Hashim and newly-appointed speaker Datuk R. Ganesan.
Speaking to reporters as he was leaving the palace, Nizar said: "I am
seeking an appointment date after which I will speak on the
dissolution of the assembly to the Regent."

When asked whether he had discussed the matter with Raja Nazrin at the
palace, he said they only spoke on the investiture and family matters.

Meanwhile, copies of letters sent to Abdul Rahman and state legal
adviser Datuk Ahmad Kamal Shahid on their suspension by Pakatan Rakyat
on Monday night have been pinned up at all notice boards at the state
secretariat building.

They were suspended from their duties and barred from going to their
offices with immediate effect.

The letter dated on May 12 and signed by Nizar also stated that state
financial officer Datuk Jamalludin Al Amini Ahmad would carry out the
duties of state secretary.

However, the suspensions were later overturned after Zambry won the
stay of execution at the Court of Appeal, in which he announced that
the Perak state administration has returned to status quo.


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