Malaysian court: day-to-day means 24-hours a day to interview witnesses

From thefreedictionary:
http://74.125.153.132/search?q=cache:0Gt0vegO-0QJ:www.thefreedictionary.com/day-to-day+day+to+day&cd=1&hl=en&ct=clnk&gl=my

adj.
1. Occurring on a routine or daily basis: the day-to-day movements of
the stock market.
2. Subsisting one day at a time with little regard for the future:
lived a day-to-day existence.

But our appeal court deemed that this phrase means that MACC has the
right to interview WITNESSESS 24-hours a day.

Justices Datuk Hasan Lah, Datuk Ahmad Maarop and Datuk Syed Ahmad
Helmy Syed Ahmad

These judges, either are so ignorant of English or just blatantly
corrupt in all sense of the word.

Unfortunately this is the CURRENT LAW IN MALAYSIA.

WITNESSES WILL BE FORCED TO TESTIFY AGAINST THEIR WILL 24-HOURS A DAY,
AND MANY HAD DIED DURING CUSTODY.

Unfortunately, suspected criminals are better treated. The law do not
allow the policemen to interrogate them 24-hours a day.

It is definitely better to be a criminal than to be a witness. My
advise is for all Malaysians, to keep quiet, if you want your peace
and livelihood to survive.

How low has Malaysia gone done towards the path of destruction.

How can a nation ever survive when violent CRIMINALS are better
treated than the WITNESSES.

The only conclusion we can deduce is that we have put into power,
CRIMINALS.
Tell me, how can Malaysia ever develop at all if CRIMINALS are running
the country.
Is the so called peace and development promised by criminals worth a
cent?

Look at the status of developoment of Sabah, the least developed in
the whole world, much less than Bangladesh indeed, as viewed by
Bangalis in Sabah.

We haven't looked at the high incidence of poverty in Sabah, among the
highest in the world as well.

Sabah, Malaysia, peaceful? Are you willing to bet on it by leaving
your children unattended?

http://bernama.com/bernama/v5/newsgeneral.php?id=463821

December 22, 2009 13:30 PM

Tan Boon Wah To Appeal Against Ruling On MACC Working Hours

PUTRAJAYA, Dec 22 (Bernama) -- Kajang municipal councillor Tan Boon
Wah on Tuesday filed a motion for leave to appeal against the Appeal
Court's ruling last week that the Malaysian Anti-Corruption Commission
(MACC) can interrogate witnesses after office hours.

Tan, 39, filed the motion and his sworn affidavit through his counsel,
Karpal Singh at the Federal Court registry here.

In the motion, Tan said the intended appeal was important as it
involved novel questions and issues arising for the first time in the
country and the Federal Court decision would be an advantage to the
public.

Tan also listed five questions to be determined by the court, among
others, whether the phrase 'day-to-day' under section 30(3)(a) of the
MACC Act 2009 encompasses only office hours or a continuous period of
24 hours.

Karpal Singh, when met by reporters, said he would write to the
Federal Court for an early date of hearing.

"This is a very serious matter, therefore it is important for the
Federal Court as the highest court to decide on this issue once and
for all," he said.

He also hoped that Attorney-General Tan Sri Abdul Gani Patail would
appear personally in the proceedings later. "There are far-reaching
consequences of the Appeal Court decision.

If the decision is right, it means that the MACC officers can come to
your house at 3am and you are required to go to MACC office to be
questioned. That situation is unacceptable.

"Witnesses will also be reluctant to come forward to give evidence
knowing that they will be harassed and questioned round-the-clock
continuously," he said.

On Dec 17, a panel of three Court of Appeal judges unanimously held
that Section 30(3)(a) of the MACC Act did not restrict to working
hours the time for a witness to be examined in an investigation.

Justices Datuk Hasan Lah, Datuk Ahmad Maarop and Datuk Syed Ahmad
Helmy Syed Ahmad also overturned the High Court decision restricting
the interrogation to office hours, between 8.30am and 5.30pm.

On Nov 19, High Court judge Mohammad Ariff Md Yusof, in allowing a
judicial review filed by Tan, ruled that Section 30(3)(a) of the MACC
Act 2009 did not empower the MACC to investigate a witness "round-the-
clock".

Tan had sued MACC chief commissioner Datuk Seri Ahmad Said Hamdan,
MACC assistant superintendent Mohammad Hassan Zulkifli and the MACC,
claiming that his detention and questioning for 16 hours overnight by
the MACC was unlawful, which resulted in him suffering losses and
damages.

-- BERNAMA

Will Historical facts, 16th of Sep, ever be acknowledged by Malayans disguising as Malaysians?

Only after 46 years has the true date of the formation of Malaysia,
well documented in history books and documents and even the
constitution of Malaysia, has ever been recognised.

Many Malaysians even believe that Sabah got its independence on the
31st of August despite all the statements and pictures in history
books that British sovereignty over North Borneo will only cease on
the 16th of September. So how can Sabah be independent when British
officers still make the final decisions?

Maybe they don't realise that North Borneo was Sabah. Or don't
understand the meaning of sovereignty.

With so many years of the distortion of history in order to humiliate
Sabah, no wonder Sabah is among the poorest in the world. Bangladeshis
in Sabah are laughing over Sabahan claims of being developed right in
front of myself. Based on statistics, I believe they are right.

Even Darfur have towns that are better than many towns in Sabah. Have
you ever find any schools that don't have tables and chairs, except in
Sabah? Even Palestine, under heavy Israeli bombardments have better
schools and tables than schools in Kota Kinabalu, the capital of
Sabah, based on pictures of these Palestinian schools being bombed.

Malaysia Day on Sept 16 declared a public holiday
Husna Yusop

KUALA LUMPUR (Oct 19, 2009) : Beginning next year, Sept 16 will be
made a public holiday for the whole country in conjunction with the
Malaysia Day celebration, Prime Minister Datuk Seri Najib Abdul Razak
declared in the Dewan Rakyat today.

He said the decision was made by the cabinet recently to have a twin
celebration for the country's national day.

"The Independence Day on Aug 31 reminds us of the struggle to achieve
independence from the colonialists and it will be celebrated with
various official functions like parade and others.

"Malaysia Day will be celebrated with programmes to strengthen unity,
promote inter-racial understanding, portray people's success and
accomplishment in sports, socio-culture, arts and others which will
lift up the spirit of 1Malaysia," he said.

In an immediate response, United Pasokmomogun Kadazandusun Murut
Organisation (UPKO) president Tan Sri Bernard Dompok who is Member of
Parliament for Penampang, applauded Najib's decision.

He said it is a historical fact that the Federation of Malaysia was
formed on Sept 16 1963 when the Federation of Malaya, Singapore,
Sarawak and Sabah mutually agreed to become a new nation.

"Malaysia, therefore, is only 46 years old. The 52 years of
independence is only for the Persekutuan Tanah Melayu or better known
today as Semenanjung.

"Some have tried to equate our position to that of the United States
of America. They argue that although other states like Hawaii joined
much later, the country dates its formation as 4th July 1776."

"Ours is of course very different because before 1963, there was no
Malaysia yet. There was only the Federation of Malaya and this
federation together with Singapore, Sarawak and Sabah negotiated to
set up a new country called Malaysia," he said.

"While we are happy to celebrate with Semenanjung their independence
from colonial rule on Aug 31 1963, I am sure all of you will agree
that it is indeed right and proper that all Malaysians celebrate this
year 46 years of nationhood," he added.

"We cannot distort history," said Dompok, who is also Minister of
Plantation Industries and Commodites.

He also stated that some national leaders seem to give the impression
that Malaysia was born on Aug 31, 1957.

"The level of awareness among Malaysians in Semenanjung on the
formation of Malaysia is lower than those in Sabah and Sarawak, so
much so they believe Malaya or Semenanjung is Malaysia," said Dompok
in his blog.

94.8% Sabahans disagree with 31 August

Banggi Island of Sabah never benefited from Malaysia

Banggi had suffered under 75% poverty rate since Malaysia, which is
more than 53 years as so called Malaysians would like to call it or
rather Malayans. Actually only 47 years after Sabah formed Malaysia
and never joined Malaysia at all, because Malaysia never existed
before that date, not even the name.

And yet this article bother to tittle itself as Banggi the benefector
of Malaysia?

Poverty rate is still 75% and it will take another 10 years before
this half baked ideas will take in and if other Felcra and Felda
schemes are to be viewed as a guide, NEVER. They will just become
slaves in perpetual debt because they are not even allowed to work on
their so called "LAND".

As to Electricty? It is still only SOLAR POWERED, meaning, not
reliable.

They don't even talk about water. There is no clean water supply in
Pulau Banggi and no road that you can think of. So you are still brave
enough to visit this island????

"Like many of the places that have undergone transformation since
Merdeka or after the formation of Malaysia, Pulau Banggi is finally
seeing light at the end of the tunnel with tarred roads, clean water
and electricity."

The tarred roads, clean water and electricty had existed even before
Malaysia or as this author like to state Merdeka which was in 1957,
when Sabah was still a British Colony.

In fact there are more of them under the British then after Malaysia.
It was not repaired properly and population had grown tremendously.
The water and electricity is still distributed around a small area of
Karakit, not throughout the island, and therefore will not benefit
most of the people. I never will expect poverty to drop significantly
below 75% in the foreseeable future, unless the government changed the
figures, just as 25% turned into 17% overnight.

August 18, 2009 14:28 PM

Residents Of Pulau Banggi The Benefactors Of Malaysia

By Kristy Inus

In conjunction with the Merdeka Month celebration.

KUDAT, Aug 18 (Bernama) -- About half a century ago Pulau Banggi in
Sabah was no more than a fishing enclave without any basic amenities.

However, after Sabah became part of Malaysia, Pulau Banggi located in
the waters of Kudat witnessed some transformation.

Pulau Banggi was officially declared as a district in 1975 but the
island of 14,000 people and 43 villages once had a dubious distinction
because 75 per cent of its population lived below the poverty line.

The majority of the people on the island is from the Ubian ethnic
group followed by the Dusun Banggi, Kegayan, Suluk and Bajau.

Previously the island dwellers were dependent on fishing and
subsistence farming but now they are making a transition into rubber
cultivation and working with Felcra Bhd, the agency entrusted with the
first agropolitan project on the island.

Like many of the places that have undergone transformation since
Merdeka or after the formation of Malaysia, Pulau Banggi is finally
seeing light at the end of the tunnel with tarred roads, clean water
and electricity.

THEN AND NOW

Even up to two years ago the dwellers here were using generators that
can only provide electricity up to 12 hours per day and even that is
restricted to the Karakit town fronting the jetty. But now villagers
in seven areas enjoy electricity for the whole day through the solar
hybrid system costing RM21 million.

If previously there were no piped water to the villages, today a
network of 36km of pipes provide clean water to eight villages and
there are also tarred roads.

The first phase of the Pulau Banggi Agropolitan Project launched in
2007 to eradicate hardcore poverty has been completed. The initial
phase covers 700 hectares of rubber plantation while the second phase
involves 1,100 hectares with 980 hectares already cleared for
planting.

Recently 100 heads of hardcore poor families in the island were
offered homes under the local community housing project (PPMS).

One of the recipients, Talhaja Junaidal, 49, noted that she is lucky
to receive the house and believed that it would help in providing for
her children's future.

The single mother of four before this was farming and sewing where she
earned up to RM400 per month. But now she is also paid RM18 for a
day's work in the Felcra's agropolitan project.

Talhaja said her old house at Kampung Kobong has no clean water or
electricity supply and when they move into their new house, her 25
year-old eldest son would also be participating in the agropolitan
project.

"I am more than happy. I am really thankful, this is a sign of good
tidings and hope they will continue.

"This time I got a job and more or less a permanent one, I hope to see
more benefits after the agropolitan project brings return to the
participants," she said.

THANKFUL

Abdullah Sulaiman, 45, from Kampung Perpaduan, noted that the
residents of Pulau Banggi have always yearned for a better life by
getting into the mainstream of development.

"Before Sabah became part of Malaysia there was nothing here, almost
no facilities or employment opportunities...we lived hands to mouth.
Thus we are very happy looking at the situation now.

"We not only want to see the current generation benefiting from the
agropolitan project but also our future generations," said the father
of 10.

A civil servant from the Banggi People Development Leader's Unit
(UPKR), Amir Hamzah, 46, observed that the difference now and then is
evident to anyone living here.

Amir who was born and bred on this island stated that if previously
they had to depend on the sea for a living, including him, now they
are many employment opportunities on this island.

"I even started working with UPKR from this year, last year I was
still a fisherman. So we have to be thankful to Felcra for
contributing to the well-being of the people," added Amir.

PULAU BANGGI ASSURED OF DEVELOPMENT

Rural and Regional Development Minister Datuk Seri Mohd Shafie Apdal
during his recent working visit to Pulau Banggi conveyed another good
news to the residents, their request for a multipurpose hall in
Kampung Karakit has been granted.

He is happy with the infrastructure development on the island and
hoped that the islanders would soon be free from the shackles of
poverty.

"Many years ago when I came here as a government official, Pulau
Banggi was not like this...the efforts to develop land and transform
the people takes time.

He pointed out that many of the agropolitan projects in Peninsula are
already bearing fruits with the project participants increasing their
income from RM200 a month to RM1,000 and RM1,300 per month.

He advised the residents here who find it difficult to make a
transition from sea base economic activities to land based activities,
not to give up halfway because there is a greater reward in the long-
term.

The people in Pulau Banggi now have every reason to smile as they are
slowly coming out from the vicious cycle of poverty, all within the
spirit of Merdeka that promised a better future for everyone.

-- BERNAMA

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One Malaysia is all a lie

What more proof do you need to be shown?

United Nations have already recognised Sabah as among the poorest and highest income gap in the world.

United States condemn Sabah as tghe worst centre for Human Slavery.
Malaysia is one of 3, but 80% cases are in Sabah, which makes Sabah the worst with 100% certainty.


'Cabotage policy should be liberalised further'

Published on: Thursday, June 11, 2009

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Kota Kinabalu: The Federation of Sabah Manufacturers (FSM) on Wednesday thanked the Government for taking the first step to liberalise the cabotage policy which has been in existence for almost 30 years but said it did not go far enough.

Its President, Datuk Wong Ken Thau, said the policy has directly or indirectly affected the livelihood of the people of Sabah as well as industries all these years.

"The Federation hoped this would lead to more liberalisation in the near future," he said after chairing a meeting following the selective liberalisation of the policy at Wisma Tun Fuad Stephens, here.

It was participated by its council members comprising the presidents and chairmen of all chambers of commerce and industry, furniture association, and timber industries association, among others.

The Government last week agreed to liberalise the policy for containerised transhipment cargoes for sectors between Sepanggar, Bintulu, Kuching and Tanjung Pelepas and vice-versa.

The selective liberalisation will allow foreign vessels to carry containerised transhipment cargoes between the above sectors without the need for a domestic shipping licence, the Ministry of Transport said in a statement.

The liberalisation gives an opportunity for importers and exporters in Sabah and Sarawak, as well as industries, to enjoy a low fare cost due to competition in the shipping transportation sector, which can be translated into cheaper price of consumer goods and industrial needs.

The liberalisation came into effect on June 3. Before that (liberalisation) foreign vessels (foreign shipping companies) were not allowed to take in Malaysian goods that were produced in Peninsular Malaysia to bring them to Sabah.

"Likewise foreign vessels were not allowed to take goods produced in Sabah to Tanjung Pelepas or Port KelangÉthese so-called domestic trade was only allowed for local vessels/Malaysian-owned shipping vessels," said Wong.

With the implementation of the liberalisation of the cabotage policy, he said foreign vessels are allowed to pick up goods from Peninsular Malaysia or Port Kelang to Sabah but "it only involves the containerised transhipment goods."

"Containerised transhipment goods means goods which transit in Port Kelang from foreign ports/countries awaiting other vessels to take them to Sabah. This means foreign vessels are allowed to pick up from Port Kelang goods which are not manufactured in Peninsular Malaysia but only that coming from overseasÉso these are the goods the foreign vessels now can take to Sabah," he said.

So the liberalisation of the policy does not apply to locally-manufactured goods from the peninsula, he said, adding before and after the introduction of the liberalisation of the policy foreign vessels cannot take goods from the peninsula to Sabah.

In other words, liberalisation of the policy only covers containerised transhipment goods which come from overseas and land in Port Kelang, and not locally manufactured goods from the peninsula.

Only Malaysian flagged ships are allowed to take locally-manufactured goods from the peninsula to Sabah, he added.

"That means this liberalisation of the cabotage policy only involves a small segmentÉ I do not think it is going to benefit us very much at this point of time, because we know the containerised transhipment goods from the peninsula to Sabah is very limitedÉthere are not many such goods coming in to the State, actually probably less than 200 containers per month, or probably less than that," he said.

The Federation hoped the Government can have greater liberalisation on this sector, because due to the load problem "I don't think any foreign vessel would like to come in to just take such goods to Sabah or Sarawak...it is unlikely to happen, and the chances of lowering the prices of freight may probably take a longer time until we have enough containerised transhipment goods."

"So we hope the government actually can liberalise further so as to allow goods made in the peninsula to be carried by foreign vessels to SabahÉthat is our hope, that the government can further relax or further open up, further liberalise, so that foreign vessels can be allowed to carry locally-manufactured goods from the peninsula to Sabah, and vice versa," he said.

He said the Federation knows it is the Government's intention to also take care of the Malaysian shipping industry and help ensure its continued survival, but hoped under the spirit of 1Malaysia the Government would not forget the industries in Sabah and the consumers here.

"Facts I get from the Malaysian Shipping Association (Masa) show the shipping industry in Malaysia has grown from four ships to 3,400 ships, but unfortunately our manufacturing sector contribution to the State's GDP (gross domestic products) has dropped from 25% to only 9% today," he said.

"We hope that by supporting the shipping industry there will be another formula to assist the local industries here, or make Sabah more conducive to foreign investment so as to make Sabah more cheaper for foreign investment", he said.

At the same time if the Government find it difficult to open up (allow foreign vessels to take locally-manufactured goods from the peninsula to Sabah and vice versa) because of the shipping industry, he said the Federation suggests the government to make the Port of Sepanggar the official international hub port for this region.

"By doing so I think we can attract more cargo and containers to come direct to Sabah," he said.

Secondly he said the Federation also hoped the State government can look seriously into setting up a Yayasan Sabah shipping line or for it to be involved in the shipping industry, by getting the support of a Federal grant especially under the Sabah Development Corridor (SDC).

He said they also hoped the government can look seriously into setting up a board or a monitoring body to look into the transparency of the so-called high freight charges as well as the other charges involved, so as to ensure the business and manufacturing sectorsare not affected by the adjustment.

The Federation also suggests the government can look into giving a matching grant or subsidy to be created for importers and exporters in Sabah, to let the local industries get involved more actively in the export/import business in foreign countries to ensure their survival.

Wong said they have also often received complaints about the shipping vessels that have going around this sector (Sabah) as being not very efficient because they are rather old.

"This may increase the vessel maintenance and other costs. The shipping industries, if they have made more money, they should give back to the industries to make it more effectiveÉif not we suggest they look into the policy of merging some of these shipping companies, so that they will be more efficient when unloading their cargo in our ports here," he said.

He said the Federation hoped the government will once and for all review the national cabotage policy because the time has come to review it thoroughly so that it will benefit all industries, not only the shipping industry.

"In the spirit of 1Malaysia, we hope the government can review this. Let's not make a policy that will only benefit one or two industries," he said.

The Federation also thanked Transport Minister Datuk Ong Tee Keat and others leaders at both Federal and State levels as well as all the chambers and associations for their effort in the liberalisation of the cabotage policy.

"We welcome it simply because this is the first step, after so many years we have been fighting for it.

So this is a breakthrough or something like that.

For the first time the government has decided to respond to our request."

"The shipping industry is also a very important industry, we accept the fact. At the same time we also need to make sure that when the government protects the shipping industry it should not also forget the other industries especially in Sabah," he said.

No toilet at the most beautiful beach

This is the only toilet that you'll ever get.

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
members.

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.

Reasons why Malaysian Judiciary is Unfair

http://www.themalaysianinsider.com/index.php/opinion/hanipa-maidin/26826-perplexing-judiciary-in-perak-lawsuit

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.
blogspot.com
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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
judgment.

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
judiciary.

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?

Re: War it will be

On May 16, 12:13 pm, "samsuddin" <samsud...@gmail.com> 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
corrupt
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

Pictures of Sudan and Darfur

These are pictures of Sudan taken from blog, http://saharanvibe.blogspot.com/
Khartum Palace :

Khartum:


Alsunut:


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
repercussions.

http://saharanvibe.blogspot.com/2007/05/is-sudan-next-power-house-in-africa.html

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

Sabah is as poor as Darfur

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.



























Sabah:

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" <JN...@yahoo.com> 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
>
> GOODBYE MALAYSIAN JUDICIARY

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
house.

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.

http://www.nst.com.my/Current_News/NST/Tuesday/Frontpage/20090512173212/Article/index_html

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

KUALA KANGSAR, Tues:

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
Monday.

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.

Fwd: Malaya will have cheap electricity but not Sarawak and Sabah

---------- Forwarded message ----------
From: "Ir. Hj. Othman bin Hj. Ahmad" <othm...@lycos.com>
Date: Apr 27, 10:49 am
Subject: Malaya will have cheap electricity but not Sarawak and Sabah
To: soc.culture.malaysia

Malaya does not need to build polluting power plants but Sarawak and
Sabah will still need to build polluting coal powered plants despite
being so near to Bakun compared to Malaya, or is it Malaysia.

The resources of Sabah and Sarawak are only to be enjoyed by
Malaysians, but certainly Sabah and Sarawak had never been considered
as Malaysia.

http://my.ebay.com.my/ws/eBayISAPI.dll?MyMessagesFolderView&&FClassic...

Go-ahead for Sabah-Johor undersea electricity cable
By STEPHEN THEN

MIRI: At least10,000megawatts of electricity from the RM6bill-Bakun
hydro-electric dam project in central Sarawak will be supplied to
peninsula Malaysia so that every states there will have adequate and
uninterrupted supply of power for households and industries.

The Cabinet has decided that the undersea-power transmission cable
project between the southern tip of Sarawak and Johor must proceed so
that energy from Bakun can be channeled via the bed of the South China
Sea to Johor and then to the rest of peninsula Malaysia.

Energy, Green Technology and Water Minister Datuk Peter Chin Fah Kui
said the Cabinet during its recent meeting agreed that it would be
better to undertake the undersea-power cable project rather than to
continue building new power plants in the peninsula states.

''Over the long term, it will be more economical and viable to
transmit power from Bakun to peninsula Malaysia even though the
undersea-cable project would be very costly.

''This project will ensure that folks in peninsula Malaysia get
constant and adequate supply of electricity at a rate that would be
much better compared to what they will have to pay if we (Government)
were to allow more power plants to be build in the states in the
peninsula.

''The costs of having to build more power plants in peninsula states
will be much more as compared to the costs of the undersea-cable
project,'' he said when interviewed after presenting grants for minor
projects at the Sarawak United People's Party here.

Chin said that the10,000MWs from Bakun should be enough to meet the
needs of the whole of the peninsula, but stressed that the amount
could be increased as and when the needs arise.

The great benefit of hydro-power is that it can be increased when
needed, he said, pointing out that Sarawak itself will have an
abundant source of hydro-power that will be enough to meet not just
the nation's needs, but also the needs of regional countries.

Asked who will handle the undersea-cable project, Chin said a joint-
venture would be undertaken by Tenaga Nasional Bhd and Sarawak
Elctricity Board to carry out the job.

The cost of the undersea-cable project has not been finalised as yet,
he said, adding that the rates at which power would be sold to the
peninsula is also being worked out.

Bakun is expected to be operational by2011.

''Sarawak will sell to Kalimantan, Sabah and even the southern
Philippines as well because there will be much electricity to be
generated not only from Bakun, but also from the other hydro-dams that
will be build under the Sarawak Corridor of Renewable Energy (SCORE)
project,'' he said.

Chin said Sarawak will have the capacity to generate electricity
reserve of up to28,000Mws from the SCORE project.

Further violations of Malaysia Agreement means that Malaysia is dissolved

Even if the inconsistent Federal Court of Malaysia were to decide that
Malaysian Agreement has no bearing on the Constitution of Malaysia,
there is the International Court, and the courts of many nations such
as UK and Spain that will uphold justice all over the world.

http://www.dailyexpress.com.my/news.cfm?NewsID=64416

Sabah's safeguards retained

Published on: Wednesday, April 22, 2009

Email to a friend Printer Friendly

Kota Kinabalu: The Federal Court has decided that only advocates
admitted to the High Court of Sabah and Sarawak may appear and argue
cases when the Appellate Courts sitting in Putrajaya hear appeals
originating from the two States.

Sabah Law Association (SLA) President Datuk John Sikayun, in a
statement, Tuesday, said the Federal Court's judgement had also
cleared the air as to whether advocates from their respective states
could appear in the Appellate Court at Putrajaya.

Sikayun said the Federal Court's judgement was delivered in Kuching on
April 15, 2009 after hearing submissions from various parties on March
15, this year on two issues which have been vexing the members of both
the Sabah and Sarawak Bars for a long time.

The issues were:

- Whether an advocate and solicitor from Peninsular Malaysia is
entitled to appear as advocate in an appeal to be heard in Putrajaya
arising from a matter originating from the High Court in Sarawak and
Sabah at Kuching or Kota Kinabalu and;

- Whether an advocate from Sarawak or Sabah is entitled to appear as
advocate in a appeal to be heard in Putrajaya arising from a matter
originating from the High Court in Sarawak and Sabah at Kuching or
Kota Kinabalu.

The submissions were heard by five members of the Federal Court made
up of the Chief Justice of the Federal Court of Malaya Tan Sri Zaki
Tun Azmi, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum,
Chief Justice of Malaya Datuk Ariffin Zakaria, President of the Court
of Appeal Datuk Sri Aluaddin Mohd Sheriff and Federal Court Judge
Datuk Zulkifli Ahmad Makinuddin.

Sikayun said the Federal Court's decision had reaffirmed the
Constitutional safeguards that were accorded to both Sabah and Sarawak
at the time of formation of Malaysia.

He said the arguments before the Federal Court involved the Malaysia
Agreement, the Malaysia Act 1963, the Inter-Governmental Committee
Report, the Cobbold Commission Report and the Federal Constitution.

"The Sabah Law Association undertook tremendous amount of research
into the history with regards to the formation of Malaysia, the
safeguards and the protection under the Malaysia Agreement and such
foundation documents that were instrumental and the basis upon which
the Malaysia Act and the Federal Constitution were formulated',
Sikayun said..

The issue arose in an appeal originating from Sarawak heard before the
Court of Appeal in Putrajaya where the appellant was represented by a
counsel from Kuala Lumpur together with the Sarawak counsel.

The respondent's counsel had raised a preliminary objection on the
right of the counsel from Kuala Lumpur to appear in the case without
first obtaining ad hoc admission under the Sarawak Advocates
Ordinance.

Court of Appeal Judge Datuk Gopal Sri Ram had ruled that the right of
a counsel to appear in cases heard in the Appellate Courts sitting in
Putrajaya was governed by the Legal Profession Act 1976 and,
therefore, only lawyers from the Malayan Bar could appeal and argue on
cases in Putrajaya in spite of such cases originating from Sabah and
Sarawak.

The Court of Appeal also said that the Sarawak Advocates Ordinance has
no extra territorial effect. The respondents, dissatisfied with the
decision, had appealed to the Federal Court.

On Feb. 22, this year, the Federal Court had granted the respondents'
leave to appeal and when doing so invited all interested parties to
address the Federal Court on the issue.

The Federal Court being mindful that the matter involved serious
Constitutional issues and indeed the Formation of Malaysia itself,
wanted to hear full arguments and empanelled five members Coram to
hear the matter.

The Federal Attorney-General, Sarawak Attorney-General, Sabah Attorney-
General, the Bar Council, the Sarawak Advocates Association and the
Sabah Law Association were some of the invitees by the Federal Court
as amicus curie (friends of the court) to address the court on the
Constitutional laws that govern the issues before the Federal Court.

The SLA was represented by Sikayun, Datuk Stephen Foo, Alex Decena and
Jeyan Marimuttu.

Sikayun said the full written judgement will be given in the not-too-
distant future.

Re: by-election at batang ai...massive cheating by BN

On Apr 22, 8:40 pm, "james" <jab2...@yahoo.com> wrote:
> I was borned in Batang Ai
>
> I wish for my state, Batang Ai and my father home Rumah Ai, the best of
> everythings
>
> This election, I returned home to watch.
>
> My father was offered500to vote for BN, father told me to vote for BN.
> Uncle also received500to vote for BN also told me to vote for BN.

There is nothing wrong in taking the RM500 but it is corrupt and
unethical to vote for those who give out the money.

Take the money but think before you vote. You will be rewarded with
the money and by god in this world and hereafter. You get the best of
everything if you choose to think.

If you choose to be influenced by the RM500 to vote for the giver of
that money, you will be punished in this world and hereafter.

Why do you choose hell on earth and hereafter, when you can choose
heaven on earth and hereafter while getting RM500 also?

This is not corruption, but stupidity.

The giver of this RM500 had promised so many times for the past 22
years to give fair compensation and land rights guaranteed by the
constitution, but failed to do so. Why do you still believe him by
voting for him again and again.

As to BN being a local party instead of BR(Barisan Rakyat), it is just
blatantly stupid. BN is a West Malaysian party. Locals who join this
banner had been proven to be puppets in agreeing to ZERO Petroleum
Rights. What kind of person will give away their properties for
NOTHING? If not for thoughtless puppets???

The Petroleum agreement gives a maximum of 10% for Sarawak and Sabah
with NO MINIMUM, which means it can be ZERO. If you are Petronas,
which would you like to give? 10% or ZERO??? Certainly zero!!!

It is your vote that still prevented Petronas from giving much less
than the promised 5%, but in actual fact both states get less than 1%.

Use your head. How can it be 5% when the same amount RM150 million was
given our for the past 20 years??? Prices of petrol had increased by
leaps and yet Sabah still get the same amount of Petroleum revenue.

PKR, although a West Malaysian party, had promised to give 20%.
What had BN promised??? ZERO %. Why do you still vote for those who
PROMISE to give you ZERO %?

Why don't you take the RM500, the roads etc. while still use you brain
to think????

Only stupid fools will do that. No wonder Sabah and Sarawak are the
poorest states in Malaysia. The poorest are those who got these RM500.

>
> When I asked father, what had BN done for us, why had BN done on the promise
> to compensate of our family land taken for development. My father and uncle
> said, it is coming. It had been coming for22years and still yet to be
> seen.
>
> I told my father and uncle, I cannot. They got angry and telling me that I
> am voting for west Malaysian party.
>
> I explained,
>
> WHAT IS BN WHEN IT WANTED TO CHEAT ON THIS ELECTION BY GIVING YOU500
> WHAT IS IT THAT BN WANTED SO BAD TO CHEAT NEXT
> PKR IS WEST MALAYSIAN BUT WHAT OF BN, ITS POLICIES IS ALSO FROM WEST
> MALAYSIA
> IF WE DAYAK TAKES MONEY AND VOTE FOR BN, DAYAK PROSTITUTED THEMSELVES
> DAYAK WILL EVEN HAD PROSTITUTED THEIR FAMILY, CHILDREN AND THEIR FUTURE FOR500
> NOTHING HAD BEEN DONE FOR US IN THE PAST, FOR45YEARS
> EVERY ELECTION WE HEARD PROMISES
> NOTHING EVER CHANGE
> IT IS TIME TO GIVE CHANGE A CHANCE
> EVEN IF WE ARE WRONG, EVERYTHING WILL STILL BE THE SAME IF BN HAD WON
>
> Further I explained, BN giving money to you serve the purpose to prove that
> they are crooks. They had no purpose other then to gain power to cheat the
> people. It is time Dayak stopped prostituting themselves to the crooks, the
> cheaters and the corruptors, for these are using our money to turn us into
> prostitute.
>
> My father cried, my uncle hung his head, and he said, you know others will
> still take the money and vote for BN. I told them to take the money and vote
> for anybody other than BN. TO STOP MONEY POLITIC.

Sabah the worst Slavery Case in the Whole World

Borneo Post, English Sabah Edition on the 15th of April, 2009.
This shows to you that US government had labelled Malaysia as the hottest 3 spots in the world for Human Trafficking which includes Sex and Labour slavery.

With the cases happening 80% of the time in Sabah, this certainly makes Sabah, the worst in Human Slavery in the whole world.

Re: Reason why Malaysia is World's top Centre for Sex and Labour Slavery

http://www.dailyexpress.com.my/news.cfm?NewsID=64257

NGO: Sabah among 3 human trafficking hotspots

Published on: Wednesday, April 15, 2009

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Kota Kinabalu: Sabah has earned the dubious distinction of being a
hotbed for human trafficking in the country, the victims being women
and children forced into prostitution.

The situation, according to the NGO Tenaganita, has become quite
serious in Sabah because the problem is being monitored more closely
in the peninsula.

Because of that the culprits are moving their modus operandi to Sabah
and Sarawak, claimed its Director Dr Irene Fernandez.

She said of the 119 cases of human trafficking in the country, thus
far 80 per cent of the victims were rescued in Sabah.

A worrying trend is that among those rescued were children below 16
some as young as 14 and 13, she said.

"This means that children are being brought in for forced
prostitution," she said at the opening of a two-day workshop on "Role
of the Media in Countering Trafficking in Persons" at Likas Square,
Tuesday.

She identified Labuan, Sandakan and Limbang as the latest "hotspots"
for human trafficking and prostitution in the country based on the
victims they rescued who had been forced into prostitution.

She said most of the women and girls rescued were from neighbouring
countries like the Philippines and Indonesia as well as from Vietnam
and India.

According to her, prostitution is bound to increase whenever there are
huge development projects such as the Bakun dam in Sarawak.

In this respect, it is very important to train municipal councils and
town councils since they are the authorities with power to approve and
revoke trading licences of entertainment outlets.

But at the same time, Fernandez said many Sabahan girls had also
fallen victims to trafficking after they were duped by employment
agencies who then forced them into prostitution once they reached
Singapore.

"Our partner in Singapore said there's been an increasing number of
Sabahans forced into prostitution," she said.

However, she said they are facing challenges in this aspect in the
Lion City because Singapore has legalised prostitution.

Fernandez said Singapore does not believe that anyone could be forced
into prostitution but that Tenaganita is challenging it since there
are syndicates operating and forcing foreign women into prostitution.
She said there is still much more to do in countering human
trafficking.

"Although the police now have a special (human trafficking) unit
established in Bukit Aman, we would also need a unit in Sabah," she
said.

This is so that the police here would be trained and be knowledgeable
in the law effectively and to enforce it in Sabah.

The migration of humans is now so fluid that there must be effort to
address it especially in terms of human trafficking, she said.

President of Sabah Journalist Association (SJA), Datuk Joniston
Bangkuai, said the media must play its role toward combating human
trafficking in the country.

He said that everyone including the Government, private sector and the
public must cooperate with the media to overcome the problem.

Reason why Malaysia is World's top Centre for Sex and Labour Slavery

Not only can employers deduct levy, they can also deduct all sorts of
deductions including food and transportation to the point of leaving
nothing to the workers.

It happened in Sinora, a Sabah State Government owned factory at
Sandakan.
It used to provide employment for locals but because of the deliberate
and inhumane BN policies, such as the following newspaper extract,
many locals are displaced by slave labours.

Among the slave labourers are also locals. So you think that by
supporting BN policies you will be sure of your prosperity, wait till
your children were forced into slavery.

Children from Sabah were forced into slavery in West Malaysia
thinking that they were continuing their studies. Their parents had to
sell their land in order to finance their so called study in West
Malaysia.

This was reported in Borneo Post, Sabah edition.

This article is a lie. Not Sabah, but Malaysia is among the top 3
hotspots in human trafficking.

http://www.dailyexpress.com.my/news.cfm?NewsID=64257

http://www.theborneopost.com/?p=50401
Employers can deduct levy from wages: Labour DG

KUALA LUMPUR: There is good news for employers — they are now re-
allowed to deduct the levy from the wages of the their foreign workers
until the expiry of their present visas, Labour Director-General Datuk
Ismail Abdul Rahim said yesterday.

They had earlier been directed by the department to stop such
deduction, effective April 1, causing much uneasiness among employers
as they had to bear the cost of the levy and this upset their budget.

The directive was therefore reversed by the Human Resources Minister
Datuk S Subramaniam on Wednesday following numerous appeals by
employers, Ismail told Bernama.

However, Ismail explained that no deduction would be allowed for new
employees registered after April 1 in line with the government's
policy requiring employers from all sectors to bear the full cost of
the levy from that cut-off date.

The rationale to get employers to bear the levy was to discourage them
from employing foreigners, he said.

Nevertheless, Ismail hoped the new decision would lessen the burden of
employers during this economic downturn.

Meanwhile, the Immigration Department has yet to implement the new
levy rates for foreign workers in the manufacturing and services
sectors because it had not been gazetted by the Home Ministry.

The new levy had been doubled for workers in these two sectors from
RM1,800 to RM3,600 a year.

Immigration Director-General Datuk Mahmood Adam told Bernama that the
department expected to implement the new rates by May 1.

However, Bernama understands that the delay in gazetting the new rates
was due to the numerous protests and appeals by employers from the
affected sectors.

In fact the Indian Muslim Restaurant Owners Association had threatened
to increase the price of Malaysian favourite indulgence, roti canai
and teh tarik, if the new rates were implemented.

Meanwhile, the Malaysian Employers Federation executive director
Shamsuddin Bardan welcomed the Human Resources Ministry's decision to
allow employers to deduct the levy from the workers wages, saying this
was a step in the right direction.

This decision would greatly benefit employers who had thousands of
foreign workers on their payroll.

He hoped the government would review the proposed new levy rate and
maintain the existing one at least until the economy improved.

"This will give some breathing space for employers and help them to
put back their businesses on a stronger footing," he said.

— Bernama

Discrimination against Sarawak by EC?

It costs the same for Batang Ai as Bukit Selambau despite the vast
differences in infrastructures.

It means that allowances of EC workers in Sarawak will be much less
than those in Kedah.

Less money and therefore less economic activity for Sarawak. No
wonder, Sarawak is among the poorest in Malaysia.

http://www.bernama.com.my/bernama/v3/news.php?id=402044
April 06, 2009 13:16 PM

Three By-elections Cost EC RM1.5 Million

KUALA LUMPUR, April 6 (Bernama) -- The Election Commission (EC) is
spending about RM1.5 million to conduct the three by-elections
tomorrow, in the Bukit Gantang parliamentary constituency in Perak and
the state constituencies of Bukit Selambau in Kedah and Batang Ai in
Sarawak, the Dewan Negara was told today.

Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri
Aziz said the EC was spending RM700,000 to conduct the by-election in
Bukit Gantang and RM400,000 each to conduct the by-elections in Bukit
Selambau and Batang Ai.

The cost of the by-election in Bukit Gantang was higher because it was
a parliamentary constituency, he said when replying to a question from
Senator Datuk Abdul Rahman Bakar.

Replying to a supplementary question, from Senator Mumtaz Md Nawi,
Nazri said the people could not be subjected to automatic registration
as voters.

"Automatic registration would mean subjecting an individual to
coercion. In a democratic country, a citizen has the option of
registering as a voter.

"As such, in this matter, we cannot force anyone. When they are made
to register as voters and they don't exercise their right (when the
time comes), they would be regarded as having neglected their duty to
vote," he said.

-- BERNAMA

Why BN has to wait for 20 years to fulfil a promise?

But will BN still fulfil it after lying for the last 20 years.

A liar is always a liar. People should learn this.

Only idiots will keep on trusting anyone who has ever lied to them
once, let alone those that keep on lying for the last 20 years.

Similarly for Batang Air in Sarawak.
I don't think BN will ever keep its promise to develop Batang Air or
any Dayak area unless it loses big this time.

Why should BN fulfill its promise at great expense when the Dayak
voters keep on voting for BN for the last more than 20 years?

The great expense is in spending Sarawak resources for Sarawak
especially the interior Dayaks. After all, it is well documented and
proclaimed proudly that Sarawak is not worth developing because it is
not economical. It is only worthwhile to extract its resources cheaply
to be used by Malaya. You can read the photographed article in my blog
at sabahcolonised.blogspot.com.

If BN loses in Batang Air, there is some hope that other Dayak areas
will be developed to the level that is normal all over the world such
as what is happening in Indonesian Kalimantan. At least there are some
Dayaks who are clever enough to see if BN fulfil its promises since
more than 20 years ago in order to vote BN this time.

For Malayans who believe that it is a waste of money and resources to
develop Batang Air, please note that by developing this region, such
as building roads, electricity, water and education, it will improve
the productivity of the people here making them better consumers for
all Malaysians. Read OBAMA arguments.

Making the rich even richer will only destroy a nation, even as
powerful as USA, as Bush had done with his policies of supporting the
rich in the hope that they will develop the nation. In reality, it is
a fallacy as proven by the sorry state of US economy under Bush
administration, compared to the much more prosperous Clinton
Administration.

Now back to Bukit Gantang. Is it really a local that is representing
them? The candidate appears to be only a local information chief at
that. What has happened to the UMNO chief or his assistants?

What is the real story behind selecting this particular person who
cannot even get the vote of the majority of UMNO members in Bukit
Gantang?

Bkt Gantang folks torn between local and ousted Perak MB
By SAODAH ELIAS

TAIPING: Will Bukit Gantang Folks finally choose a local to air their
grouses in Parliament after 23 years, or will history repeat itself?

All will be answered by 10pm Tuesday when the result for Bukit Gantang
by-election is announced.

Barisan Nasional candidate Ismail Saffian is a local unlike Nizar who
is a registered voter in Pasir Panjang where he is also its state
assemblyman.

Another, independent candidate Kamarul Ramizu Idris is from Taiping,
but he is not considered a factor in the by-election.

Ismail, who is Bukit Gantang Umno information chief, is from Kampung
Kubu, Bukit Gantang while his wife is from Changkat Ibol in the same
constituency.

The choice of an outsider as a candidate has been oft cited by many
state Umno leaders as the main reason why Barisan lost in the last
general election.

Barisan had fielded Umno's treasurer Datuk Mohd Azim Zabidi from the
Bukit Bintang division as its candidate then, much to the anger of the
local Barisan supporters who had had to contend with "imported"
candidates for four consecutive general elections.

Mohd Azim lost to the late PAS' Roslan Shaharum by 1,566 votes.

In 2004, Barisan fielded Wanita Gerakan chief Datuk Tan Lian Hoe in
Bukit Gantang.

Despite grumbling on the ground, the people of Bukit Gantang had voted
her in after being promised that a local would be fielded in the next
general election.

Despite the intense campaigning and various shows of strengths by both
sides in the last eight days, the outcome, in as far as Bukit Gantang
Umno division head Datuk Rosli Husin is concerned, is clear. The local
must win.

"Barisan will win. This is our stronghold and the people will choose
our candidate," he said.

Rosli who is the state assemblyman for Trong, one of the three state
constituencies under Bukit Gantang said there was no longer any reason
for the people of Bukit Gantang to vote for PAS as their wait of more
than 20 years for a local representative was now close at hands.

Similarly confident is Barisan director of election for Bukit Gantang
Datuk Seri Ahmad Zahid Hamidi.

He said Nizar's only hope of winning was to play on people's sympathy.

"He portrays himself as the victim, as the ousted mentri besar.

But that gimmick can only go so far.

"People now have a better understanding of the whole fiasco as we have
already explained to them what exactly happened and they are now back
with us," he stated.

Close to the ground however, campaigners on both sides were not that
confident of a win, one way or the other.

Statistics being bandied about by both sides was 50/50. Unlike the
Kuala Terengganu by-election in January, where the deciding factor was
said to have been the 11% Chinese votes, here in Bukit Gantang, the
intense campaigning was for the 63% Malay votes.

It is said that close to 60% of Malay voters are for Barisan while
about 70% of Chinese voters are with PAS.

Even as campaign period draws to a close, PAS national election
director Datuk Mustafa Ali said they needed to work very hard to
capture the hearts and minds of the Malay voters.

The by-election is called following Roslan's death of heart failure on
Feb 9.

Bukit Gantang has 55,562 voters comprising Malays (63.5 per cent),
Chinese (27.1 per cent), Indians (9.1 per cent) and others (0.3 per
cent).

The majority of the people in this constituency are involved in
agriculture while a significant percentage of its Chinese populace in
Kuala Sepetang are fishermen.

Many of the youths from this area have left to work in larger towns
and cities, including Penang, Ipoh and Kuala Lumpur.

Sabahans burned State Flags

What are the real issues?

The government would like it to appear as though it is just the
behaviour of a bunch of trouble makers. The Malaysian government would
like it to appear as though Malaysians are all a bunch of mad men who
want to cause trouble.

1) These are all mad men without any reason whatsoever, as alleged by
the government

2) They demand that Sabah be returned to the Philippine government,
via Sulu Sultanate. Illogical because one of them claim to be an heir
to the Sultan of Sulu in Sabah.

3) The heir wants his share of the lease money sent to the heirs of
the Sultan of Sulu which is more logical. I met a friend who make
arrangements for this sort of think but he is based in Sandakan but I
don't know who he is representing but in his case, he wanted to
surrender the rights of the Sultan of Sulu to Malaysia in return for
RM20 billion.

Published: Saturday April 4, 2009 MYT 7:04:00 PM
12 held for burning Sabah flags
By RUBEN SARIO

KOTA KINABALU: Police in Lahad Datu have arrested 12 men for burning
state flags in the east coast town Saturday.

Sabah Police Commissioner Datuk Noor Rashid Ibrahim said they had
received a tip-off at 8.40am that a group of men had burned six flags
in front of the town's market.

"Some of the men were also seen carrying yellow flags bearing the
insignia of a red lion, believed to be the pre-independence flag of
the Governor of Sabah", he said.

He added that the flag has long fallen into disuse.

Noor Rashid said by the time police reached the scene, the men had
already fled.

They left behind burnt remains of the flags.

Some of the men were then seen running towards the district police
headquarters, where they were promptly arrested and investigated for
illegal assembly, he said.

Noor Rashid added that those detained were aged between 14 and 41
years.

"We are still investigating the motive of the incident. "The alleged
group leader has claimed to be a descendant of the Sulu Sultan," Noor
Rashid said.

Lahad Datu police immediately deployed more than 80 personnel around
the town area following the incident.

Meanwhile, Lahad Datu state assemblyman Datuk Nasrun Datu Mansor said
the flag burning was an isolated incident caused by individuals trying
to create a disturbance in the town.

"This was nothing more than actions of some irresponsible people," he
said, adding that Lahad Datu residents need not worry as police had
the situation under control.