Sunday, February 28, 2010

Semangat perjuangan Melayu Haprak

Semangat perjuangan Melayu Haprak


Semangat perjuangan Melayu Haprak

Posted: 28 Feb 2010 06:00 AM PST


Oleh Anak Mami

Rakyat amat merasa gembira dan bangga apabila terbaca berita Sebanyak 76 NGO Melayu bergabung hari ini bagi menubuhkan Majlis Perundingan NGO Melayu (MPM) dalam usaha mempertahankan dan melindungi hak-hak Melayu serta agama Islam di negara ini

Seperkara iini ,pertubuhan MPM adalah memperjuangkan Hak Ketuanan Melayu dan oertahan Islam. Dinatara NGO NGO pro UMNO yang diketuai oleh Ibrahim Ali dang eng geng kepala lembu, geng bakar gereja telah berani menghulur keluar kepala mereka dan berterus terang, mereka tidak lagi selindung dibelakang selimut UMNO. Ya… rakyat amat bangga dengan keperlakuan mereka.

Menurut sumber berita menyatakan bahawa, GPMS iaitu Gabungan Pondan Melayu Semenanjung, Persatuan Pemikir Prostituion Melayu Malaysia Majlis Bekas Wakil Rakyat Malaysia, Kongres Kesatuan Pekerja-pekerja Dalam Perkhidmatan Awam

Jadi haruslah kita lihat dimana Gabungan Pondan Melayu Semenanjung bersama Persatuan Pemikir Prostituion Melayu Malaysia akan giat menrelakan diri mereka diliwat UMNO serta memperlacurkan segolongan Melayu sebagai sumber sokongan UMNO.

Secara matang, adakah perlu geng geng munafiq ini memberikan pernaugan kepada golongan masyarakat Melayu?? Adakah di Malaysia, muslimin muslimat Melayu telah murtad dan Islam di Malaysia telah diserang oleh agama lain?? Jawapannya tidak, ini hanya illustrasi ketakutan geng munafiq sahaja.

Cuba lah kita tanyakan, benarkah Melayu perlu perlindungan, UMNO telah memberi perlindungan terhadap Melayu selama 52 tahun, tetapi akhirnya Melayu biasa telah jadi hamba kepada Melayu UMNO. System pentadbiran UMNO ini adalah corak system kasta, iaitu mengkategorikan golongan elit Melayu dengan golongan Melayu pariah. Apabila UMNo mula kehilangan sokongan mulalah gunaka sentiman perkauman manjadikan Malaysia huru hala. Sehingga gunakan jubur untuk mengilatkan nama Malaysia di pentas dunia.

Tidak kurang juga dengan nyata dan jelas, Kongres Kesatuan Pekerja-pekerja Dalam Perkhidmatan Awam , khasnya kakitangan kerajaan, yang dicuci otak oleh UMNO in setia untuk meruntuhkan struktur pentadbiran kerajaan. Jadi nampaklah kebanyakan melayu extremist dari golongan rasuah, menyalahgunakan kuasa, termasuk lah PDRM, MACC, …. Adalah penaung mereka. Realitinya, kalau mereka tidak memberikan sokongan terhadap UMNO, kemungkinan GE13, puak puak ini akan menghadapi risiko yang tinggi dalam pekerjaan mereka, kemungkinan mereka akan dihimpit dan di isolated oleh pentadbiran PR. Jelas selcat telah memberikan golongan ini ketakutan dan mimpi ngeri masa depan mereka.

Rakyat tidak perlulah gentar, malah rakyat perlu lah sedar, ini lah saat dan titik nafas terakhir untuk BN. Kalau lah setiap rakyat dapat menggunakan komunikasi verbal , iaitu propaganda anti BN dari mulut ke mulut maka BN akan lenyap dengan cepat. Rakyat haruslah menyebarkan semangat anti UMNO, Anti BN, menyalurkan idea idea pembaharuan kepada new voters. Rakyat masih mempunyai masa untuk menyebarkan idea idea runtuhkan BN, dan menyahut kepada sesiapa pun BN akan mati pada GE13 akan datang.


The caption that costs NSTP RM45,000

Posted: 28 Feb 2010 06:02 AM PST

I just want to write about a friend, a former NSTP staff. To be precise, he was a senior sports reporter with Berita Harian. He decided to leave the company in late 1990s after serving as a correspondent in Lumut (tempat dia berlumut).

Khairul Anuar Mokhtar (pic, in long-sleeve shirt), now in his early 50s, currently works for a broadcast organisation in Kuala Lumpur. I bumped into him at the Angkasapuri recently, days before he won the 10 years legal battle against the NSTP.

The Ipoh High Court had on Feb 22 gave a consent judgment between the two parties, with Khairul receiving RM45,000 following an out-of-court settlement in a defamation suit. Besides NSTP, he also named then-journalist Azmi M Anshar, Sharanjit Singh and the editor of the New Sunday Times, as defendants.

This suit followed an error in a photo caption that had appeared in the publication which had depicted Khairul as an alleged member of the Al Maúnah cult, when he was not. The photo and caption had appeared in the New Sunday Times on July 9, 2000.

As part of the settlement, the newspaper would also be required to issue an apology and retraction of the matter. The court did not, however, make order as to costs. Khairul had initially demanded RM632,000 as exemplary and aggravated damages.

He was represented by counsel Faizal Kamaruddin while NST and others were represented by lawyer Yau Her Lerk.

Its not the amount which he gets but the dignity which was reinstated. During that time, he may look like a peasant but I believe many people at the NSTP could recognise him.

NOTE: The news was only carried by Malaysiakini. I dont think the NSTP group of newspapers published it. Hmmm....I wonder why. I had also met some friends whom I didnt see after our Form 5 about 33 years ago, recently. We still recognise each other although some are either fat, thin, bloated, full of grey hair, bearded, bald and in many appearances. In Khairul's case, he just left the company a few years....



The Star's Cosy Relationship with Convicted Criminals

Posted: 28 Feb 2010 05:55 AM PST




I am one of the many victims of Ooi Boon Leong (pic above), the former director of MEMS TECHNOLOGY BERHAD who was convicted with his CFO, both who were convicted at the Sessions Court on 25th February.

The funny thing is that there was a Star Online article on the conviction, the same article NEVER made in to the Star proper !

There is a pattern here. In April 2009, the same 2 directors were reported be charged and reported
in the Star Online and amazing enough, it also was not published in the Star proper.

One wonders whether the editors at the Star were persuaded not to do so with an incentive. BTW, I had alerted Datuk Wong Chun Wai via his New Malaysia Blog but he chose not to publish this alert of mine. Wong Chun Wai is a Penang Lang and so is OBL... Is there a connection ? I think OTK must know about this abomination.

Please read the following Star Online article as follows :-

Former directors fined RM300,000 each for overstating revenue (Updated)

By M. MAGESWARI
mages@thestar.com.my

KUALA LUMPUR: Two former directors of a public-listed company were fined RM300,000 each by a Sessions Court here on Thursday after they admitted to overstating RM30mil in their investment holding company's revenue.

Ooi Boon Leong, 49, was a director and an audit committee member of MEMS Technology Bhd while Tan Yeow Teck, 49, was its chief financial officer and an executive director.

In sentencing, Sessions Court judge Asmadi Hussin ordered each accused to pay his fine or serve two years in jail.

The two were said to have knowingly authorised the furnishing of a misleading statement to Bursa Malaysia Securities Bhd in Bukit Kewangan on Sept 27, 2007.

The misleading statement is contained in the report "MEMS Technology Berhad Condensed Consolidated Income Statements for the 12-month period ended July 31, 2007."

Upon hearing their verdict, the two, who had resigned from their posts, were composed.

Pleading for leniency, their lawyer Francis Ng Aik Guan asked the court to consider that his clients had already been publicly reprimanded and fined by Bursa Malaysia for overlapping breaches pertaining to the same unaudited accounts for that financial year.

Ng said Ooi had been fined RM89,000 while Tan had been fined RM197,500 in October 2008.

He said both would be disqualified from holding directors' positions upon their conviction, which would also affect their livelihood.

He said his clients were remorseful over their actions and had sincerely recorded their plea of guilt.

He asked the court to consider that his clients had contributed for the growth of the nation and to transfer of technology through their roles in the company.

In pressing for a deterrent sentence, prosecuting officer Shanti Geoffrey asked the court to consider public interest and the seriousness of the offence.

"Investors were misled with a statement issued to Bursa Malaysia on Sept 27, 2007, which was approved by both accused.

"In the false statement, out of RM73,416mil recorded for revenue, RM30,169mil worth of sales did not take place. The false sales comprised 41% of the overall revenue," she said.

Geoffrey said investors were misled and suffered losses due to the false information, while both accused enjoyed revenue from their wrongful actions.

She said that Ooi was a substantial shareholder in MEMS Technology with over 38 million shares while Tan held 270,800 shares.

She said it was a planned crime where both accused had took about a year to generate and insert false sales in the accounts of its subsidiary company.

"Both are qualified accountants, they knew very well what they were doing,"she said, adding that elements of forgery and cheating were involved in committing the offence.

She said both accused had also failed to carry out their duty to shareholders and that their actions had affected the confidence of investors in the company.

See also
http://archives.thestar.com.my/last365days/default.aspx?query=mems

Victimised, Penang


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Posted: 28 Feb 2010 05:40 AM PST

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Incredible Malaysia

Posted: 28 Feb 2010 04:41 AM PST



Incredible Malaysia' - a satire
Jon Yong Feb 23, 10

In Bolehland, furious preparations are being made to market Malaysia as the most 'Incredible Nation' in the world. 'Incredible Malaysia' is the new tagline from Tourism Malaysia. For once, the powers-that-be at the ministry have got it right. We beat many countries in the sheer audacity of our politicians, the scandalous nature of our justice and our melodramatic religious disagreements.

The tourists have tired of our multi-cultural food, places of worship, beaches, cool highlands, and even our renowned Genting casino. Once upon a time, our Petronas Twin Towers were the tallest buildings in the world. Now sadly no longer, outshone by one country after another bent on putting us down, literally. Our 'astronaut-eating-roti-canai-in-space' stunt no longer hogs the headlines. Beyonce failed to reach our shores but instead had gone on 'cavorting sexily' in China and thereafter to several Grammy awards.

Although international arrivals breached the 22 million mark in 2009 and is expected to rise by five per cent for year 2010, there is still a pressing need to introduce new attractions for fear that our neighbours might come up with even newer and better ones. Case in point – Singapore's newly-opened casino. Not surprisingly, the powers-that-be at the Tourism Ministry had earlier deemed it a matter of national interest to employ none other than former Ferrari Formula One team boss Jean Todt aka Mr Datuk Michelle Yeoh to promote Malaysia in Europe.

While 'Amazing Thailand' captivated and fascinated us, 'Incredible Malaysia' seeks to astonish and astound us with our stupendous achievements (Note: 'Stupendous' is defined as astonishingly great or amazing in size or greatness, nothing to do with the intellect at all). The list of our achievements is nothing short of wow-inspiring.
  • We are at press time the only country in the world with a former prime minister that has successfully started a post-retirement career as a celebrity blogger
  • We are the only country in the world which has successfully transfixed an entire nation's attention on a man's posterior and the penetrating instrument (whether real or manufactured) and hence educated an entire generation on sex, notwithstanding that the focus is mainly on anal sex (this explains why we have done away with sex education in schools. Students invariably fall asleep due to boredom during such trial classes).
  • Our higher court judges, namely the federal and court of appeal judges are the first to toe the line in adhering to '1Malaysia', a unity concept mooted to unite Malaysians on all fronts. The patriotic judges have without fail come up with unanimous decisions on cases that have political implications. By speaking with one united voice and not allowing dissenting judgments, they have effectively forestalled any backdoor power grabs by power-hungry opposition politicians. Such a display of judicious discretion is rare and is a testament to their loyalty without question to the second, third and fourth precepts of the Rukun Negara – 'Loyalty to King and Country', 'Upholding the Constitution' and the 'Rule of Law'. Under such circumstances, the independence of the judiciary does not arise. It is irrelevant.
  • Sons and siblings of former and present politicians - not surprisingly - are blessed with incredible business acumen, achieving billionaire status while still in their 20s, 30s, and 40s.
  • Our billion-ringgit European-made submarine can't dive/submerge/sink. However, unidentified sources blame it on the high salt content in our sea waters. Alternatively, they explained that the so-called submarine is in fact an aircraft carrier built to look like a submarine. 'It was a typographical error. We apologise for the mix-up and regret the error. The clerk who committed this error has tendered his resignation.' At press time, it still could not be established why we need a submarine, much less, two, in the first place.
  • It is not unknown that in military circles, ghost stories abound. Malaysia is no exception. Recently, according to sources who declined to reveal themselves, several old F-5E fighter engines have suddenly grown wings and flew off to Uruguay sans pilot. Apparently, these fighter engines are distant cousins of the Uruguayan Air Force fighter engine, a twin turboprop Fairchild FH-227. You know, the one that crashed in the Andes on Friday, Oct 13, 1972. To survive, survivors ate other survivors who had succumbed to the cold and who were frozen at the time of the 'food preparation'.
  • Ghosts also apparently haunt certain law enforcement agencies. One opposition political aide by the name of Teoh Beng Hock for unknown reasons fell to his death while at the premises of the Malaysian Anti-Corruption Commission. Both sides are still quibbling over the cause of the fall and death. Similarly, a Mongolian model who allegedly never entered Malaysia somehow was found bombed to smithereens in a forest. Although the direct perpetrators were convicted, questions still arise as to the suspicious circumstances of her death. It is believed that the local press was forbidden to mention her name in case her spirit might return to haunt certain culpable fellows. Till today, no one is sure who the real culprits are and why she was exploded. Other custodial deaths, save for alleged car thief A Kugan, enjoyed a quieter exit.
  • Meanwhile, another celebrity blogger, better known as fugitive blogger Raja Petra Kamarudin, had somehow vanished into thin air, with occasional sightings around the world. Word has it that aliens in an UFO had kidnaped him for research purposes. They had somehow identified him as being the sixth most intelligent Malaysian on earth and had wanted to study his brains. He has thus been allowed to live in luxurious surroundings and continue with his writing. His response to his son's imprisonment and alleged attempted suicide in jail is also being monitored. Government authorities, meanwhile, have stepped up their efforts to regain this 'brain drain'.
  • Efforts are also seriously being made to investigate how billions of ringgit could have left the country undetected. According to unmentionable sources, government authorities are working on several theories, chief among them is the suggestion that 'hidden hands' are at work using tele-porters to transport vast sums of money to safe havens overseas. Investigators are leaving no stone unturned and are investigating the whos and whys. In the midst of investigations, a secret document is leaked which hints at an impending government takeover following several politician crossovers. This leads investigators to believe that the teleported cash is used to fund the crossovers. At press time, it still could not be established whether the government referred to is the federal Government or a state government.
Believe it or not, these events are what will save Malaysia in the coming years from lack of interest from foreign tourists. 'Incredible Malaysia' will whet their appetite for unbelievable news of mysterious goings-on in Malaysia. The new tourist itinerary is expected to include the Kuala Lumpur Courts Complex, the forest in Shah Alam where the remains of the Mongolian were found, various location in Perak including the state assembly building, the MACC building in Shah Alam, our prisons and the Sungei Besi airbase.

Even as I write, the finishing touches to our new tourism tagline – Escada's 'Incredible Me' fragrance wafting straight to your nose sung to the tune of Nat King Cole's 'Unforgettable' (the five-syllable 'Unforgettable' is replaced by 'Me-In-cre-di-ble') are being finalized.

Still on the same topic, rumour has it that there is talk of a collaboration between the ministry and TV3 to produce a TV series on the mysterious goings-on in Malaysia. The series is tentatively entitled 'Kisah Benar Tapi Susah DiPercaya di Malaysia' ('Malaysian True but Incredible Stories'). All on your (taxpayers') account, of course.


Armed forces not involved in Aceh, says Zahid

Posted: 28 Feb 2010 04:07 AM PST


Defence Minister Datuk Seri Dr Ahmad Zahid Hamidi has dismissed reports implying that Malaysian armed forces were involved in terror activities in Aceh, Indonesia.

He nevertheless called on the Indonesian authorities to investigate the matter thoroughly.

Ahmad Zahid was commenting on reports about a raid in Aceh last week in which Indonesian police were said to have confiscated bayonets, money, DVDs as well as "Malaysian military uniforms".

Zahid said Malaysia had never interfered in any conflicts in neighbouring countries.

He was speaking to reporters after sending off Malaysian armed forces for the International Monitoring Team-Mindanao at the Subang air force base here.

The team, headed by the army's infantry director Maj-Gen Datuk Baharum Hamzah and comprises 12 armed forces personnel, three policemen and two civil service officers, left on a Royal Malaysian Air Force's C130 military transport aircraft.

Zahid said that based on feedback, the international members of the monitoring team welcomed the mandate given to Malaysia to lead the mission.

The team would be deployed for 12 months in Mindanao, Philippines, covering areas like Cotabato, General Santos and Zamboanga. They would be joined by other teams including from Libya and Brunei. — Reuters


Alert withdrawn, no rise in the sea level in Sabah

Posted: 28 Feb 2010 04:04 AM PST


The Meteorological Department has withdrawn its earlier alert on the possible rise in sea level in Sabah's east coast following the earthquake in Chile.

The department said it had not detected any rise in the sea level in the state.

"It is now ascertained that the Sabah waters are free from the threat," the department said in a statement.

Earlier today the department issued an alert, advising coastal residents in the state's east coast to stay away from the beaches between noon and 6pm today as there were likely to occur rough sea conditions and a rise in the sea level.

The earthquake which struck Chile yesterday caused tsunami waves across the Pacific Oceans such as Mexico, Tahiti, Hawaii, Tonga, Samoa Islands and New Zealand. — Bernama


No snap election in Perak, says Ahmad Husni

Posted: 28 Feb 2010 04:01 AM PST


Perak Barisan Nasional (BN) deputy chairman Datuk Seri Ahmad Husni Hanadzlah today denied rumours of a snap election to be held in the state in September.

He said no instruction was also received by BN component parties in Perak to submit their respective lists of candidates in preparation for the election.

Ahmad Husni, who is also BN and UMNO treasurer, said that as the state BN chairman, he would have been informed if the election was to be held in Perak.

"The national-level BN held its meeting about two weeks ago, followed by UMNO last week and then Perak BN. There was no discussion at all on the snap election," he told reporters after a function at Dewan Merdeka here today.

Rumours of a snap election in Perak have been circulating after a deputy president of a BN component party is said to have submitted the list of the party's election candidates to Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir yesterday.

A source from the party also claimed that the snap election would be held in September.

Meanwhile, Ahmad Husni, who is Second Finance Minister, dismissed fear by some Malay non-governmental organisations that the new economic model to be implemented by the government could result in the Bumiputera to continue to be left behind economically.

He said the government had taken into account the interests of all quarters when planning the new economic model.

"The government will not set aside any race. Everybody will benefit from the implementation of the new economic model," he added.

He said the new economic model would be tabled once again to the Cabinet next month for fine tuning. — Bernama


Watergate timeline vs UMNO’S lifeline THE ASSHOLE Ezzam game play

Posted: 28 Feb 2010 01:58 AM PST

latest edition Should Anwar have Access to the Prosecution's Evidence? The evil plot vs evil plot najib got burnt in the middle THE Ezzam game play MCC'S honesty without the serum Truth or dare! Just the lure of lucre seems to be enough inducement for them to let their deepest, darkest secrets come tumbling out

In his inaugural speech, President Obama addressed these MALAYSIAN dictatorships. "To those leaders around. "To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history; but that we will extend a hand if you are willing to unclench your fist. "Political murder!" cried Azizah Ismail, wife of Datuk Seri Anwar Ibrahim, accusing the ruling United Malay National Organization (UMNO).
"Mahathir's sentiments are a perfect example of why the OIC has been completely irrelevant in performing its stated goal: to improve the condition of the worldwide Muslim community. By making simple-minded comments that shift blame for the Muslim world's ills, Mahathir backtracks on his otherwise good strategy of confronting the problems of the Muslim world and concentrating on what we can change within, rather than complaining about "outside forces" we have no control over. Indeed, even when the OIC can agree on some sort of "action," it is usually in the form of a joint statement that is immediately tossed into the diplomacy dustbin. The trouble with Mahathir in particular is that he had the chance to be remembered as a visionary leader – someone who brought his country to prosperity and spoke boldly on behalf of the Global South. Instead, he will be remembered for stupid acts like jailing his Deputy Prime Minister Anwar Ibrahim on sodomy charges and making blanket statements against "the Jews.
Anwar bin Ibrahim (born August 10, 1947 in Cherok Tok Kun, Penang, Malaysia) is a former deputy prime minister and finance minister of Malaysia. Early in his career, he became a protégé of the former prime minister of Malaysia, Mahathir bin Mohamad, but subsequently emerged as the most prominent critic of Mahathir's administration.
In 1999, he was sentenced in a highly controversial trial to six years in prison for corruption, and in 2000, to another nine years for alleged homosexual acts. However, in 2004, Malaysia's highest court, the Federal Court reversed the second conviction and he was released.
Anwar is the only Malaysian to ever make it into Time magazine's 100 most influential people in the world. He is also one of the signatories of A Common Word Between Us and You, an open letter by Islamic scholars to Christian leaders, calling for peace and understanding.
In Malaysia, Mahathir was never as subtle or as smooth as Lee. But Mahathir was still a smart autocrat who kept control through his puppetry of the judicial system. The pivotal moment was in 1988 when Mahathir complained that the courts were "too independent".
He purged the chief judicial officer, the Lord President, and suspended the five chief justices of the Supreme Court. The court system has never given any further trouble to the Barisan Nasional, or National Front, ever since. Together with its predecessor, the BN has ruled Malaysia continuously for 54 years.
It's infinitely smarter to use legal instruments to purge judges than to use guns against protesters. A judicial massacre makes lousy TV. You won't see one live on CNN. So it remains hidden from international view. Yet it can be every bit as repressive. So when Mahathir faced a power struggle in 1998 with his deputy prime minister and heir apparent, the charismatic Anwar Ibrahim, he naturally turned to the courts to purge his younger rival.
In a blatantly political fix-up, he had Anwar arrested and charged with sodomy, a shocking crime in a predominantly conservative Muslim country. Even today it carries a maximum penalty of 20 years' jail. The police Special Branch concocted evidence and coerced witnesses. Anwar emerged from his police cell to appear in court with a bruised face, inflicted, it was later learnt, when the chief of police beat him.
The verdict was never in question. The courts convicted Anwar of sodomising his aide and speechwriter, Munawar Anees. The former deputy PM spent six years in jail. Munawar, now living in the US, has since said he was coerced into giving evidence against Anwar. "My detention by the Malaysian Special Branch taught me how it feels to be forcibly separated from one's wife and children," Munawar wrote in the Wall Street Journal last month.
"How it feels to be searched and seized, disallowed to make phone calls, handcuffed, blindfolded, stripped naked, endlessly interrogated, humiliated, drugged, deprived of sleep, physically abused. What it's like to be threatened, blackmailed, hectored by police lawyers, brutalised to make a totally false confession."
With Malaysia under tremendous international pressure from Anwar's admirers, including America's Al Gore and Britain's Gordon Brown, and with Mahathir retiring from the prime ministership in 2003, a review court overturned the sodomy sentence. Anwar was released in 2004.
He was allowed to return to politics in 2008 to lead the opposition to the BN. And he committed the crime of doing so with some success. In March 2008, under challenge from Anwar, the BN won a national election, but was shocked to lose its prized majority of two-third of the seats in parliament. The new BN Prime Minister, Najib Razak, reacted exactly as Mahathir had to a challenge from Anwar.
Four months after the ruling party's election setback, Anwar was once again charged with sodomy. Once again, it's a blatant political case. The newspaper The Star called the case "Sodomy II".
Why is Anwar such a threat?
"At the moment," says Carl Thayer, an expert at the University of NSW, "there is no other leader who can hold together the opposition coalition of an Islamic party with a Chinese party, who is capable of being prime minister, and who has experience and international recognition that Anwar has."
The case is a joke. It exposes the Najib government as desperate and underhanded. It makes Malaysia a subject of international ridicule. While under Mahathir this form of legal manipulation might have been smart autocracy, in today's world it just looks like Malaysia is playing silly buggers with its national future.
Peter Hartcher is the Herald's international editor.
There are many questions surrounding the case How could an innocent 62 to be convicted of raping 20-old boy? Why did saifool- identify Anwar as his attacker?
The case centered around semen samples taken from the underwear of the victim., those semen samples are planted from ANWAR.
Still, current State Attorney says to put science aside for a second. The original trial didn't have the luxury of current technology and was handled appropriately.
By Dr. Kevin Anderson
I often contemplate the parable of the college professor who shows his class an empty glass container. He then places a number of large rocks inside the container and asks the class: "How many of you believe this container is full?" Of course, most in the class raise their hands. With that the professor continues to pour increasingly smaller varieties of rock, from pebbles to gravel to sand into the container, at each interval asking the class the same question. Eventually the class, marveling at the amount of material that the professor is able to fit into the container, is dumbstruck. At the end of the demonstration, the professor finally concedes that the container is, in fact, full. He then pointedly asks the class about the meaning of the demonstration to their lives. No hands go up. Finally, in the rear of the class, a normally timid young woman raises her hand. The professor calls on her, and in a trembling voice she says: "Our lives are the container and in order to fill our lives we must always start with the big rocks. If we do that, we will always find room for the smaller rocks."
More about that in a bit.
Perhaps it might be useful to view Anwar's current legal struggle in the light of standards that exist outside of the Malaysian legal system. Of course, we as citizens of a nation can only work within the framework of the legal system of our country or state. Each sovereign has the absolute authority and prerogative to create laws that suit its people and that somehow reflect its legal history, its constitution and its overall mentality toward justice in general. And, certainly, Malaysian law should not be compared with, and is in many ways entirely dissimilar to, U.S. law. I understand this and am in no way suggesting that Malaysian law should be in lockstep with American legal precepts.
As a former prosecutor in the U.S., I have always marveled at the many attractions in Malaysian law, not the least of which is the ability of the government to appeal acquittals and to seek upward modifications of sentence. Similarly, it certainly creates loads of new opportunities for closing arguments when the prosecutor is allowed to suggest that the defendant's silence, under circumstances in which a reasonable man would be expected to cry out his innocence, is strongly suggestive of guilt. I mean, from the state's standpoint, what's not to like?
However, the present situation and battle being fought by Anwar is one that normally does not appeal to the majority of armchair legal quarterbacks who enjoy the pitched battle of actual trials: what we sometimes refer to as "the guilt phase". This time, it's the nitty-gritty stuff: evidence. Anwar is now in the midst of what is referred to in my state as a "motion in limine".
A motion in limine is any request, by either side, that may be raised prior to trial. These normally are critical evidence motions, often involving issues associated with providing evidence as set forth in the relevant rules. What Anwar is dealing with now, and which notably the government is appealing, is a decision regarding "discovery". Discovery is the term used in U.S. law to refer to the obligation of the parties in litigation (the State and the Defendant in a criminal case) to provide each other with certain information. Both have obligations to disclose some portion of their intended evidence.
My state of is no different than the other 49 states in its promulgation of criminal procedure rules that are strongly – and increasingly – deferential to the rights of criminal defendants. There are a number of reasons for this, primarily the U.S. constitution's grant to the accused of the right to a fair trial. Beyond that is the requirement, accepted under Malaysian law as well, that governments prove guilt beyond a reasonable doubt. The implication of this burden of proof on the discovery process is the widely held perception that the defense can only illuminate such doubt when it has the benefit of assessing the evidence. Of course, there is the history underlying the formation of the 13 colonies: that a government with unbridled powers is a potential obstruction to liberty throwing back to touchy colonial issues such as freedom of worship, and taxation without representation.
Honestly, as a prosecutor, I never cared much for the requirement to turn over my case to the defense. Yet, I acknowledged that I represented the government: a well-oiled machine that had police, scientists, resources, credibility and, ultimately, the commonly-held belief within society that anyone who is charged with a crime is, well, probably guilty. Remembering that the international symbol of justice is the blindfolded woman holding a scale, I always had to slap myself to remember that my disclosure of the state's evidence went a long way in ensuring that balance. After all, if I were confident in my case and knew that I could argue my heart out on the merits and win a conviction for the good and true folks of my little town, then why should it be a cause of concern if the defendant knows what evidence I have? And, if his having the evidence allows him the opportunity to construct a lawful defense, then, at the end of the day, he has achieved his constitutional privilege of a fair trial. Don't misunderstand me. I loved to win, perhaps too much. One of the things I often overlooked and that, in fact, ultimately drove me out of criminal practice, was my slap-in-the-face learning moment that it wasn't how many notches I had in my gun belt It was all about letting the system work; about remembering that a man's life and family are riding on judicial outcomes.
But it's not my light bulb moment that matters now. It's Anwar's situation.
So, what is Anwar asking for? And here, I do have to do a little tit-for-tat comparison, so please excuse. Under my state's law, the state must disclose all evidence that it intends to use at trial. It must also turn over all exculpatory evidence (evidence tending to suggest the innocence of the defendant). I, as prosecutor must also provide the names and reports of all experts I intend to call as a witness in the state's case including the results of any tests or assessments done; the statements of any witnesses I intend to call, any tapes and recordings of statements made by the defendant, any information I have that tends to impeach the credibility of state's witnesses, including prior inconsistent statements, relationship with the prosecution and evidence suggesting a character for untruthfulness.Significantly, all the above-mentioned items must be disclosed without request. They are what we call "automatic discovery".
It would appear that Anwar's requests do not exceed what the majority view in U.S. law would consider stuff to which he is entitled without even having to ask.
The question I have then is a rhetorical one perhaps, yet one that must would appear to underlie the Anwar case at this point. Why isn't it automatic discovery in this case? There is nothing fundamentally unjust about Malaysia. Its legal system is largely founded upon precepts of the British common law system, as is the American system. Similarly, there is nothing magical, mystical, anti-Asian, overly liberal, American or even western about American rules of discovery. They are simply a means to learn the truth in the judicial setting and to do so in a forum that offers a fair opportunity for both parties to access and benefit from that truth. And, in a country whose judicial system seeks to demonstrate its independence and to dispel suggestions of impropriety, aren't the truth and the search therefore its best friends? Shouldn't they be? Isn't the best

WATERGATE TIMELINE

From Wikipedia, the free encyclopedia

Watergate
The Watergate Building
Nixon departs from the White House following his resignation of the Presidency
Events
Timeline
Watergate burglaries
Watergate tapes
"Saturday Night Massacre"
United States v. Nixon
People
Richard Nixon
Groups

"White House Plumbers"
Senate Watergate Committee

v • d • e

Timeline of the Watergate scandal —Regarding the burglary and illegal wiretapping of the headquarters of the Democratic National Committee in theWatergate complex by members of President Richard Nixon's re-election committee and subsequent abuse of powers by the president and administration officials to halt or hinder the investigation into the same.

  • November 5, 1968: Richard Nixon elected President
  • July 1, 1971: David Young and Egil Krogh write a memo suggesting the formation of what would later be called the "White House Plumbers" in response to the leak of the Pentagon Papers by Daniel Ellsberg.
  • August 21, 1971: Nixon's Enemies List is started by White House aides (though Nixon himself may not have been aware of it); to "use the available federal machinery to screw our political enemies."
  • May 2, 1972: J. Edgar Hoover dies; L. Patrick Gray is appointed acting FBI director.
  • June 17, 1972: The plumbers are arrested at 2:30 a.m. in the process of burglarizing and plantingsurveillance bugs in the Democratic National Committee offices at the Watergate Hotel.
  • June 20, 1972: Reportedly based on a tip from Deep ThroatBob Woodward reports in the Washington Post that one of the burglars had E. Howard Huntin his address book and possessed checks signed by him, and that Hunt was connected to Charles Colson.
  • September 15, 1972: HuntLiddy and the Watergate burglars are indicted by a federal grand jury.
  • November 7, 1972: Nixon re-elected in the largest plurality of votes in American history.
  • January 8, 1973: Five defendants plead guilty as the burglary trial begins. Liddy and McCord are convicted after the trial.
  • February 28, 1973: Confirmation hearings begin for confirming L. Patrick Gray as permanent Director of the FBI. During these hearings, Gray reveals that he had complied with an order from John Dean to provide daily updates on the Watergate investigation, and also that Dean had "probably lied" to FBI investigators.
  • March 17, 1973: Watergate burglar James McCord writes a letter to Judge John Sirica, claiming that some of his testimony was perjured under pressure and that the burglary was not a CIA operation, but had involved other government officials, thereby leading the investigation to the White House.
  • April 6, 1973: White House counsel John Dean begins cooperating with federal Watergate prosecutors.
  • April 27, 1973: L. Patrick Gray resigns after it comes to light that he destroyed files from E. Howard Hunt's safe. William Ruckelshaus is appointed as his replacement.
  • April 30, 1973: Senior White house administration officials John EhrlichmanH. R. Haldeman, andRichard Kleindienst resign; John Dean is fired.
  • May 17, 1973 : The Senate Watergate Committee begins its nationally televised hearings.
  • May 19, 1973: Independent special prosecutor Archibald Cox appointed to oversee investigation into possible presidential impropriety.
  • June 3, 1973: John Dean tells Watergate investigators that he has discussed the cover-up with Nixon at least 35 times.
  • July 13, 1973: Alexander Butterfield, former presidential appointments secretary, reveals that all conversations and telephone calls in Nixon's office have been taped since 1971.
  • July 18, 1973: Nixon orders White House taping systems disconnected.
  • July 23, 1973: Nixon refuses to turn over presidential tapings to Senate Watergate Committee or the special prosecutor.
  • Vice President replaced:
  • October 20, 1973: "Saturday Night Massacre" – Nixon fires special prosecutor Cox. Ruckelshaus and Elliot Richardson refuse to comply and resign.Robert Bork considers resigning but carries out the order.
  • November 1, 1973: Leon Jaworski is appointed new special prosecutor.
  • November 17, 1973: Nixon delivers "I am not a crook" speech at a televised press conference at Disney World (Florida).
  • January 28, 1974: Nixon campaign aide Herbert Porter pleads guilty to perjury.
  • February 25, 1974: Nixon personal counsel Herbert Kalmbach pleads guilty to two charges of illegal campaign activities.
  • March 4, 1974: "Watergate Seven" indicted.
  • April 5, 1974: Dwight Chapin convicted of lying to a grand jury.
  • April 7, 1974: Ed Reinecke, Republican lieutenant governor of California, indicted on three charges of perjury before the Senate committee.
  • April 30, 1974: White House releases edited transcripts of the Nixon tapes, but the House Judiciary Committee insists the actual tapes must be turned over.
  • June 15, 1974: Woodward and Bernstein's book All the President's Men is published by Simon & Schuster (ISBN 0-671-21781-X).
  • July 24, 1974: United States v. Nixon decided: Nixon is ordered to give up tapes to investigators.
  • Congress moves to impeach Nixon.
    • July 27 to July 30, 1974: House Judiciary Committee passes articles of Impeachment.
    • Early August 1974: A previously unknown tape from June 23, 1972 (recorded a few days after the break-in) documents Nixon and Haldeman formulating a plan to block investigations, is released. This recording would later became known as the "Smoking Gun".
    • Key Republican Senators tell Nixon that enough votes exist to convict him.
  • August 8, 1974: Nixon resigns presidency. Gerald Ford becomes President.
  • September 8, 1974: President Ford ends investigations by granting Nixon a pardon.
  • November 7, 1974: 94th Congress elected: Democratic Party picks up 5 Senate seats and 49 House seats. Many of the freshman congressmen are very young; the media dubs them "Watergate Babies".
  • December 31, 1974: As a result of Nixon administration abuses of privacy, Privacy Act of 1974 passes into law. Ford is persuaded to veto the bill by Cheney and Rumsfeld; Congress overrides Ford's veto. (Note that the newly-elected Congress had not taken office yet, this Congress was still the 93rd Congress.)
  • January 1, 1975: John N. Mitchell, John Ehrlichman and H. R. Haldeman convicted of conspiracy, obstruction of justice and perjury.
  • July 27, 1975: Church Committee chaired by Frank Church commences, to investigate foreign and domestic intelligence-gathering activities.
  • November 4, 1975: Ford replaces several Nixon cabinet members in the "Halloween Massacre", engineered by Ford aide Donald RumsfeldRichard CheneyGeorge H. W. Bush andBrent Scowcroft join Ford administration; Rumsfeld becomes Secretary of Defense; Henry Kissinger remains as Secretary of State but not National Security Advisor.
  • May 5, 1976: Church Committee superseded by Senate Select Committee on Intelligence.
  • October 25, 1978: Foreign Intelligence Surveillance Act enacted, creating Foreign Intelligence Surveillance Court and limiting federal government domestic surveillance powers. Recommended by Church Committee.
  • April 22, 1994: Richard Nixon dies.
  • May 21, 2005: W. Mark Felt, former Associate Director of the FBI during the Watergate years, declares that he is Deep Throat, this declaration would later be confirmed by reportersBob Woodward and Carl Bernstein. Some writers would later dispute this claim.
  • December 18, 2008: Mark Felt dies at the age of 95.

[edit]Sources

Bernstein, C., & Woodward, B. (1974). All the president's men. New York: Pocket Books.

READMOREMahathir's Political Secretary Aziz Samsuddin said "Ummi Hafilda is a prostitute, sodomy would be the best way. Other ways would have no affect."

readmoreDid Mahathir had a one night stand with the prostitute Ummi Hafilda Ali while they met behind closed doors to fabricated charge

readmore Our judges cannot differentiate between justice and law.Our judiciary and its laws are for the privileged use of our governing politicians, their cronies concessionaires, and co-criminals-conspirators in business.


CartoonKafe - GST

Posted: 28 Feb 2010 03:27 AM PST


Manusia paling luar biasa hebat

Posted: 28 Feb 2010 03:31 AM PST


Lima orang student Malaysia di UK adakan usrah. Seorang kawan ketuai usrah dan lain menyumbang pada perbincangan. Kebanyakan yang hadhir adalah budak-budak 'dakwah' melainkan Roslan yang ahli Kelab UMNO. Saja dia nak pasang teling. Yang mengetuai usrah adalah Qais.

Qais: Nabi Muhammad tu adalah manusia luar biasa yang serba sempurna. Dia sentaisa dilindungi tuhan. Ada peristiwa Rasulullah sakit dan tidor hingga hampir terlewat waktu zohor. Lalu tuhan lambatkan perjalanan dunia supaya dia boleh tunaikan zohor. Walluhu alam.

Rahman: Time Magazine pernah membuat satu survey yang melibatkan pemikir-pemikir, penulis, ahli sarjana dan lain-lain. Rasulullah dipilih sebagai manuisa terhebat sepanjang zaman. Subhanallah.

Rahim: Hebat hebat ...

Qais: Bayangkan mereka yang terlibat dalam suvey itu adalan orang2 kafir tapi mereka memperakui kehebatan Rasulullah.

Roslan: Okaylah selain Rasulullah yang kita ketahui sebagai maksum dan adalah pilihan dan kekasih tuhan, pada pendapat masing-masing, siapakah manusia yang luarbiasa hebat?

Lokman: Ana rasa Luqmanul Hakeem. Bukan pasal Lokman nama ana. Hebat dia pasal sebagai seorang yang bukan nabi dan bukan rasul tapi ada surah bersempena namanya.

Qais: Tarmizi? Apa pendapat ente?

Tarmizi: Ana sentiasa tekjub dengan kehebatan Omar Ibni Al Khatab, khalifah kedua. Orangnya alim, tegas, pemerintah yang penyayang, ketua bala tentera yang handal, dan pemikir Islam.

Roslan: Betul .. betul ... memang luar biasa. Tapi ana suka pula pada Imam Al Ghazali. I am more touched by scholars. Ana kagum dengan isi kita Ihya Ulumuddin. Rahman macam mana?

Rahman: Manusia luar biasa ... hmmm ... ana rasa Hitler tu hebat. Bukan ana fikirkan pasal kezaliman perang. Ana tengok dia sebagai pemimpin, cara dia boleh memimpin rakyat Jerman dan membawa keyakinan hingga mereka mahu menakluk Eropah. Hebat tu ...

Roslan: Hehehe ... Hitler.

Rahim: Oleh kerana awak yang tanya, cuba awak kongsi siapa manusia yang luarbiasa hebat, Roslan.

Roslan: I tak mahu tengok jauh-jauh. Manusia yang luarbiasa hebat adalah di Malaysia.

Tarmizi: Malaysia? Mesti Mahathir idola awak. Betul tak?

Roslan: Takkk .... Anwar Ibrahim

Qais: Hang orang ahli kelab UMNO mana suka Anwar ...

Roslan: Anwar manusia hebat ... luar biasa hebat.

Rahim: Kenapa?

Roslan: Sebagai orang ternama dan sentaisa dilihat orang, segala tindak tanduk diperhati. Lepas tu yang ana rasa dia hebat pasal orang ternama macam dia nak ayaq atau ngorat orang perempuan itu susah. Lagi susah untuk tahu orang lelaki mana nak ayaq. Dia bukan saja boleh ayaq orang lelaki tetapi di bawah perhatian ramai. Manusia luar biasa hebat ...

Semua yang lain macam sama-sama terdengar berbunyi: Astaghfirullah ... masyallah. Tak baik fitnah ...


* Curi modal dari Zahid Md Arip


Mawans “LEEWAY..ABOVE ALL..”

Posted: 28 Feb 2010 02:19 AM PST

In the true sense of a seasoned politician and very well advised by the the BN Top Hierarchy and SPDP political strategists "Mawans non confrontational stance is very much in the spirit of BN and has won admirers from many SPDP supporters,friends and foes alike and most importantly the press media personnels.

The Separatists 5 has truely gone against the "wishes and broke party discipline" but still Mawan has not given up HOPE on them returning  home to SPDP and has given them a LEEWAY.

{ The main stream media tomorrow will have the statements and photographs of the merger letter.Some Headlines tomorrow:-

  • Some will say the 5 plus 3 BOYCOTT the meeting 
  • Also they have placed their heart in PRS.
  • Also this could be one of the headlines they are checking PRS out..Garek.garek,garek saja)

audie61 interviewed the Party President just after the Press Conference and he said,"I am an accomodating person but there are of course limits to what and how much one can take. I am no different and I do FEEL for them as they have been misled and misinformed.  

There must be a LEEWAY for them to move and I am providing that path for them and I have forgiven,hope and accepted the fact that they are using their own individual initiatives. Politics is about agreement and not about disagreement and we have to be ABOVE IT ALL and sometimes we have to "SWALLOW OUR PRIDE AND EGO".I have already mentioned in the Press Conference that I will bear no grudges and as such al incumbents will not be replaced in the coming elections. 

As a matter of fact the Supreme Council has to thanked them Separatists 5 for ensuring SPDP will have all the bureaus in place. Thats why we are revamping and making sure this episode is not repeated an we have put in place an independant group to oversee the DISCIPLINARY COMMITTEE. They are the following and they will be taking the neceessary actions if and when necessary against Party members who crossed the line.

  •  Francis Wong
  •  Dr Syafig Abdullah
  • Dr.Roland Mattu
  • Vincent Tan
  • Puan Theresa Udam

We also know that Peter Nyarok My deputy and Chairman of SPDP merger committee will be meeting up with Billy Abit Joo PRS Merger Committtee Chairman on 7th March 2010 and we take it from there. He has put a committee together and which has been approved by the Supreme Council today.

We thanked the 5 plus 3 for their efforts and they need to report back to the SPDP merger committtee on their findings. Isn't this fair and polite says Mawan….?? The following are the 8 party officials who will be heading the SPDP team

  • Peter Nyarok- Chairman
  • Jacob Dungau Sagan
  • Jelaing Ak.Mersat
  • Nelson Balang Rining
  • Pau Chiong Umg
  • Wong Anak Judat
  • Robert Ayu 

Mawan ended by saying that the Solidarity Dinner for 3500 party members and component BN supporters at the Borneo Convention Centre in May will be an SPDP major event in preparation for the upcoming STATE ELECTIONS. All will be invited and that includes them "5 plus 3″ he said in jest……………



Watergate timeline vs UMNO’S lifeline THE ASSHOLE Ezzam game play

Posted: 28 Feb 2010 01:50 AM PST

Watergate timeline vs UMNO'S lifeline THE ASSHOLE Ezzam game play

Watergate timeline vs UMNO'S lifeline THE ASSHOLE Ezzam game play

latest edition Should Anwar have Access to the Prosecution's Evidence? The evil plot vs evil plot najib got burnt in the middle THE Ezzam game play MCC'S honesty without the serum Truth or dare! Just the lure of lucre seems to be enough inducement for them to let their deepest, darkest secrets come tumbling out
In his inaugural speech, President Obama addressed these MALAYSIAN dictatorships. "To those leaders around. "To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history; but that we will extend a hand if you are willing to unclench your fist. "Political murder!" cried Azizah Ismail, wife of Datuk Seri Anwar Ibrahim, accusing the ruling United Malay National Organization (UMNO).
"Mahathir's sentiments are a perfect example of why the OIC has been completely irrelevant in performing its stated goal: to improve the condition of the worldwide Muslim community. By making simple-minded comments that shift blame for the Muslim world's ills, Mahathir backtracks on his otherwise good strategy of confronting the problems of the Muslim world and concentrating on what we can change within, rather than complaining about "outside forces" we have no control over. Indeed, even when the OIC can agree on some sort of "action," it is usually in the form of a joint statement that is immediately tossed into the diplomacy dustbin. The trouble with Mahathir in particular is that he had the chance to be remembered as a visionary leader – someone who brought his country to prosperity and spoke boldly on behalf of the Global South. Instead, he will be remembered for stupid acts like jailing his Deputy Prime Minister Anwar Ibrahim on sodomy charges and making blanket statements against "the Jews.
Anwar bin Ibrahim (born August 10, 1947 in Cherok Tok Kun, Penang, Malaysia) is a former deputy prime minister and finance minister of Malaysia. Early in his career, he became a protégé of the former prime minister of Malaysia, Mahathir bin Mohamad, but subsequently emerged as the most prominent critic of Mahathir's administration.
In 1999, he was sentenced in a highly controversial trial to six years in prison for corruption, and in 2000, to another nine years for alleged homosexual acts. However, in 2004, Malaysia's highest court, the Federal Court reversed the second conviction and he was released.
Anwar is the only Malaysian to ever make it into Time magazine's 100 most influential people in the world. He is also one of the signatories of A Common Word Between Us and You, an open letter by Islamic scholars to Christian leaders, calling for peace and understanding.
In Malaysia, Mahathir was never as subtle or as smooth as Lee. But Mahathir was still a smart autocrat who kept control through his puppetry of the judicial system. The pivotal moment was in 1988 when Mahathir complained that the courts were "too independent".
He purged the chief judicial officer, the Lord President, and suspended the five chief justices of the Supreme Court. The court system has never given any further trouble to the Barisan Nasional, or National Front, ever since. Together with its predecessor, the BN has ruled Malaysia continuously for 54 years.
It's infinitely smarter to use legal instruments to purge judges than to use guns against protesters. A judicial massacre makes lousy TV. You won't see one live on CNN. So it remains hidden from international view. Yet it can be every bit as repressive. So when Mahathir faced a power struggle in 1998 with his deputy prime minister and heir apparent, the charismatic Anwar Ibrahim, he naturally turned to the courts to purge his younger rival.
In a blatantly political fix-up, he had Anwar arrested and charged with sodomy, a shocking crime in a predominantly conservative Muslim country. Even today it carries a maximum penalty of 20 years' jail. The police Special Branch concocted evidence and coerced witnesses. Anwar emerged from his police cell to appear in court with a bruised face, inflicted, it was later learnt, when the chief of police beat him.
The verdict was never in question. The courts convicted Anwar of sodomising his aide and speechwriter, Munawar Anees. The former deputy PM spent six years in jail. Munawar, now living in the US, has since said he was coerced into giving evidence against Anwar. "My detention by the Malaysian Special Branch taught me how it feels to be forcibly separated from one's wife and children," Munawar wrote in the Wall Street Journal last month.
"How it feels to be searched and seized, disallowed to make phone calls, handcuffed, blindfolded, stripped naked, endlessly interrogated, humiliated, drugged, deprived of sleep, physically abused. What it's like to be threatened, blackmailed, hectored by police lawyers, brutalised to make a totally false confession."
With Malaysia under tremendous international pressure from Anwar's admirers, including America's Al Gore and Britain's Gordon Brown, and with Mahathir retiring from the prime ministership in 2003, a review court overturned the sodomy sentence. Anwar was released in 2004.
He was allowed to return to politics in 2008 to lead the opposition to the BN. And he committed the crime of doing so with some success. In March 2008, under challenge from Anwar, the BN won a national election, but was shocked to lose its prized majority of two-third of the seats in parliament. The new BN Prime Minister, Najib Razak, reacted exactly as Mahathir had to a challenge from Anwar.
Four months after the ruling party's election setback, Anwar was once again charged with sodomy. Once again, it's a blatant political case. The newspaper The Star called the case "Sodomy II".
Why is Anwar such a threat?
"At the moment," says Carl Thayer, an expert at the University of NSW, "there is no other leader who can hold together the opposition coalition of an Islamic party with a Chinese party, who is capable of being prime minister, and who has experience and international recognition that Anwar has."
The case is a joke. It exposes the Najib government as desperate and underhanded. It makes Malaysia a subject of international ridicule. While under Mahathir this form of legal manipulation might have been smart autocracy, in today's world it just looks like Malaysia is playing silly buggers with its national future.
Peter Hartcher is the Herald's international editor.
There are many questions surrounding the case How could an innocent 62 to be convicted of raping 20-old boy? Why did saifool- identify Anwar as his attacker?
The case centered around semen samples taken from the underwear of the victim., those semen samples are planted from ANWAR.
Still, current State Attorney says to put science aside for a second. The original trial didn't have the luxury of current technology and was handled appropriately.
By Dr. Kevin Anderson
I often contemplate the parable of the college professor who shows his class an empty glass container. He then places a number of large rocks inside the container and asks the class: "How many of you believe this container is full?" Of course, most in the class raise their hands. With that the professor continues to pour increasingly smaller varieties of rock, from pebbles to gravel to sand into the container, at each interval asking the class the same question. Eventually the class, marveling at the amount of material that the professor is able to fit into the container, is dumbstruck. At the end of the demonstration, the professor finally concedes that the container is, in fact, full. He then pointedly asks the class about the meaning of the demonstration to their lives. No hands go up. Finally, in the rear of the class, a normally timid young woman raises her hand. The professor calls on her, and in a trembling voice she says: "Our lives are the container and in order to fill our lives we must always start with the big rocks. If we do that, we will always find room for the smaller rocks."
More about that in a bit.
Perhaps it might be useful to view Anwar's current legal struggle in the light of standards that exist outside of the Malaysian legal system. Of course, we as citizens of a nation can only work within the framework of the legal system of our country or state. Each sovereign has the absolute authority and prerogative to create laws that suit its people and that somehow reflect its legal history, its constitution and its overall mentality toward justice in general. And, certainly, Malaysian law should not be compared with, and is in many ways entirely dissimilar to, U.S. law. I understand this and am in no way suggesting that Malaysian law should be in lockstep with American legal precepts.
As a former prosecutor in the U.S., I have always marveled at the many attractions in Malaysian law, not the least of which is the ability of the government to appeal acquittals and to seek upward modifications of sentence. Similarly, it certainly creates loads of new opportunities for closing arguments when the prosecutor is allowed to suggest that the defendant's silence, under circumstances in which a reasonable man would be expected to cry out his innocence, is strongly suggestive of guilt. I mean, from the state's standpoint, what's not to like?
However, the present situation and battle being fought by Anwar is one that normally does not appeal to the majority of armchair legal quarterbacks who enjoy the pitched battle of actual trials: what we sometimes refer to as "the guilt phase". This time, it's the nitty-gritty stuff: evidence. Anwar is now in the midst of what is referred to in my state as a "motion in limine".
A motion in limine is any request, by either side, that may be raised prior to trial. These normally are critical evidence motions, often involving issues associated with providing evidence as set forth in the relevant rules. What Anwar is dealing with now, and which notably the government is appealing, is a decision regarding "discovery". Discovery is the term used in U.S. law to refer to the obligation of the parties in litigation (the State and the Defendant in a criminal case) to provide each other with certain information. Both have obligations to disclose some portion of their intended evidence.
My state of is no different than the other 49 states in its promulgation of criminal procedure rules that are strongly – and increasingly – deferential to the rights of criminal defendants. There are a number of reasons for this, primarily the U.S. constitution's grant to the accused of the right to a fair trial. Beyond that is the requirement, accepted under Malaysian law as well, that governments prove guilt beyond a reasonable doubt. The implication of this burden of proof on the discovery process is the widely held perception that the defense can only illuminate such doubt when it has the benefit of assessing the evidence. Of course, there is the history underlying the formation of the 13 colonies: that a government with unbridled powers is a potential obstruction to liberty throwing back to touchy colonial issues such as freedom of worship, and taxation without representation.
Honestly, as a prosecutor, I never cared much for the requirement to turn over my case to the defense. Yet, I acknowledged that I represented the government: a well-oiled machine that had police, scientists, resources, credibility and, ultimately, the commonly-held belief within society that anyone who is charged with a crime is, well, probably guilty. Remembering that the international symbol of justice is the blindfolded woman holding a scale, I always had to slap myself to remember that my disclosure of the state's evidence went a long way in ensuring that balance. After all, if I were confident in my case and knew that I could argue my heart out on the merits and win a conviction for the good and true folks of my little town, then why should it be a cause of concern if the defendant knows what evidence I have? And, if his having the evidence allows him the opportunity to construct a lawful defense, then, at the end of the day, he has achieved his constitutional privilege of a fair trial. Don't misunderstand me. I loved to win, perhaps too much. One of the things I often overlooked and that, in fact, ultimately drove me out of criminal practice, was my slap-in-the-face learning moment that it wasn't how many notches I had in my gun belt It was all about letting the system work; about remembering that a man's life and family are riding on judicial outcomes.
But it's not my light bulb moment that matters now. It's Anwar's situation.
So, what is Anwar asking for? And here, I do have to do a little tit-for-tat comparison, so please excuse. Under my state's law, the state must disclose all evidence that it intends to use at trial. It must also turn over all exculpatory evidence (evidence tending to suggest the innocence of the defendant). I, as prosecutor must also provide the names and reports of all experts I intend to call as a witness in the state's case including the results of any tests or assessments done; the statements of any witnesses I intend to call, any tapes and recordings of statements made by the defendant, any information I have that tends to impeach the credibility of state's witnesses, including prior inconsistent statements, relationship with the prosecution and evidence suggesting a character for untruthfulness.Significantly, all the above-mentioned items must be disclosed without request. They are what we call "automatic discovery".
It would appear that Anwar's requests do not exceed what the majority view in U.S. law would consider stuff to which he is entitled without even having to ask.
The question I have then is a rhetorical one perhaps, yet one that must would appear to underlie the Anwar case at this point. Why isn't it automatic discovery in this case? There is nothing fundamentally unjust about Malaysia. Its legal system is largely founded upon precepts of the British common law system, as is the American system. Similarly, there is nothing magical, mystical, anti-Asian, overly liberal, American or even western about American rules of discovery. They are simply a means to learn the truth in the judicial setting and to do so in a forum that offers a fair opportunity for both parties to access and benefit from that truth. And, in a country whose judicial system seeks to demonstrate its independence and to dispel suggestions of impropriety, aren't the truth and the search therefore its best friends? Shouldn't they be? Isn't the best

WATERGATE TIMELINE

From Wikipedia, the free encyclopedia

Watergate
The Watergate Building
Nixon departs from the White House following his resignation of the Presidency
Events
Timeline
Watergate burglaries
Watergate tapes
"Saturday Night Massacre"
United States v. Nixon
People
Richard Nixon
Groups

"White House Plumbers"
Senate Watergate Committee

v • d • e

Timeline of the Watergate scandal —Regarding the burglary and illegal wiretapping of the headquarters of the Democratic National Committee in theWatergate complex by members of President Richard Nixon's re-election committee and subsequent abuse of powers by the president and administration officials to halt or hinder the investigation into the same.

  • November 5, 1968: Richard Nixon elected President
  • July 1, 1971: David Young and Egil Krogh write a memo suggesting the formation of what would later be called the "White House Plumbers" in response to the leak of the Pentagon Papers by Daniel Ellsberg.
  • August 21, 1971: Nixon's Enemies List is started by White House aides (though Nixon himself may not have been aware of it); to "use the available federal machinery to screw our political enemies."
  • May 2, 1972: J. Edgar Hoover dies; L. Patrick Gray is appointed acting FBI director.
  • June 17, 1972: The plumbers are arrested at 2:30 a.m. in the process of burglarizing and plantingsurveillance bugs in the Democratic National Committee offices at the Watergate Hotel.
  • June 20, 1972: Reportedly based on a tip from Deep ThroatBob Woodward reports in the Washington Post that one of the burglars had E. Howard Huntin his address book and possessed checks signed by him, and that Hunt was connected to Charles Colson.
  • September 15, 1972: HuntLiddy and the Watergate burglars are indicted by a federal grand jury.
  • November 7, 1972: Nixon re-elected in the largest plurality of votes in American history.
  • January 8, 1973: Five defendants plead guilty as the burglary trial begins. Liddy and McCord are convicted after the trial.
  • February 28, 1973: Confirmation hearings begin for confirming L. Patrick Gray as permanent Director of the FBI. During these hearings, Gray reveals that he had complied with an order from John Dean to provide daily updates on the Watergate investigation, and also that Dean had "probably lied" to FBI investigators.
  • March 17, 1973: Watergate burglar James McCord writes a letter to Judge John Sirica, claiming that some of his testimony was perjured under pressure and that the burglary was not a CIA operation, but had involved other government officials, thereby leading the investigation to the White House.
  • April 6, 1973: White House counsel John Dean begins cooperating with federal Watergate prosecutors.
  • April 27, 1973: L. Patrick Gray resigns after it comes to light that he destroyed files from E. Howard Hunt's safe. William Ruckelshaus is appointed as his replacement.
  • April 30, 1973: Senior White house administration officials John EhrlichmanH. R. Haldeman, andRichard Kleindienst resign; John Dean is fired.
  • May 17, 1973 : The Senate Watergate Committee begins its nationally televised hearings.
  • May 19, 1973: Independent special prosecutor Archibald Cox appointed to oversee investigation into possible presidential impropriety.
  • June 3, 1973: John Dean tells Watergate investigators that he has discussed the cover-up with Nixon at least 35 times.
  • July 13, 1973: Alexander Butterfield, former presidential appointments secretary, reveals that all conversations and telephone calls in Nixon's office have been taped since 1971.
  • July 18, 1973: Nixon orders White House taping systems disconnected.
  • July 23, 1973: Nixon refuses to turn over presidential tapings to Senate Watergate Committee or the special prosecutor.
  • Vice President replaced:
  • October 20, 1973: "Saturday Night Massacre" – Nixon fires special prosecutor Cox. Ruckelshaus and Elliot Richardson refuse to comply and resign.Robert Bork considers resigning but carries out the order.
  • November 1, 1973: Leon Jaworski is appointed new special prosecutor.
  • November 17, 1973: Nixon delivers "I am not a crook" speech at a televised press conference at Disney World (Florida).
  • January 28, 1974: Nixon campaign aide Herbert Porter pleads guilty to perjury.
  • February 25, 1974: Nixon personal counsel Herbert Kalmbach pleads guilty to two charges of illegal campaign activities.
  • March 4, 1974: "Watergate Seven" indicted.
  • April 5, 1974: Dwight Chapin convicted of lying to a grand jury.
  • April 7, 1974: Ed Reinecke, Republican lieutenant governor of California, indicted on three charges of perjury before the Senate committee.
  • April 30, 1974: White House releases edited transcripts of the Nixon tapes, but the House Judiciary Committee insists the actual tapes must be turned over.
  • June 15, 1974: Woodward and Bernstein's book All the President's Men is published by Simon & Schuster (ISBN 0-671-21781-X).
  • July 24, 1974: United States v. Nixon decided: Nixon is ordered to give up tapes to investigators.
  • Congress moves to impeach Nixon.
    • July 27 to July 30, 1974: House Judiciary Committee passes articles of Impeachment.
    • Early August 1974: A previously unknown tape from June 23, 1972 (recorded a few days after the break-in) documents Nixon and Haldeman formulating a plan to block investigations, is released. This recording would later became known as the "Smoking Gun".
    • Key Republican Senators tell Nixon that enough votes exist to convict him.
  • August 8, 1974: Nixon resigns presidency. Gerald Ford becomes President.
  • September 8, 1974: President Ford ends investigations by granting Nixon a pardon.
  • November 7, 1974: 94th Congress elected: Democratic Party picks up 5 Senate seats and 49 House seats. Many of the freshman congressmen are very young; the media dubs them "Watergate Babies".
  • December 31, 1974: As a result of Nixon administration abuses of privacy, Privacy Act of 1974 passes into law. Ford is persuaded to veto the bill by Cheney and Rumsfeld; Congress overrides Ford's veto. (Note that the newly-elected Congress had not taken office yet, this Congress was still the 93rd Congress.)
  • January 1, 1975: John N. Mitchell, John Ehrlichman and H. R. Haldeman convicted of conspiracy, obstruction of justice and perjury.
  • July 27, 1975: Church Committee chaired by Frank Church commences, to investigate foreign and domestic intelligence-gathering activities.
  • November 4, 1975: Ford replaces several Nixon cabinet members in the "Halloween Massacre", engineered by Ford aide Donald RumsfeldRichard CheneyGeorge H. W. Bush andBrent Scowcroft join Ford administration; Rumsfeld becomes Secretary of Defense; Henry Kissinger remains as Secretary of State but not National Security Advisor.
  • May 5, 1976: Church Committee superseded by Senate Select Committee on Intelligence.
  • October 25, 1978: Foreign Intelligence Surveillance Act enacted, creating Foreign Intelligence Surveillance Court and limiting federal government domestic surveillance powers. Recommended by Church Committee.
  • April 22, 1994: Richard Nixon dies.
  • May 21, 2005: W. Mark Felt, former Associate Director of the FBI during the Watergate years, declares that he is Deep Throat, this declaration would later be confirmed by reportersBob Woodward and Carl Bernstein. Some writers would later dispute this claim.
  • December 18, 2008: Mark Felt dies at the age of 95.

[edit]Sources

Bernstein, C., & Woodward, B. (1974). All the president's men. New York: Pocket Books.

READMOREMahathir's Political Secretary Aziz Samsuddin said "Ummi Hafilda is a prostitute, sodomy would be the best way. Other ways would have no affect."

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Penang senior citizens to get RM100 annually

Posted: 28 Feb 2010 01:22 AM PST


The state government will distribute aid of RM100 annually to each senior citizen in Penang who are eligible and aged 60 and above beginning April.

Chief Minister Lim Guan Eng said the aid, given under the Senior Citizens Appreciation Programme, was one of the efforts initiated by the state government to assist and appreciate the elderly.

"There are 132,000 senior citizens in the state but only 62,000 had registered at the State Assemblymen's Service Centres to receive the aid and according to the statistics, the areas with the most number of senior citizens are in the North-East and Seberang Perai Utara districts," he told reporters, here today.

Lim said that beginning tomorrow until March 8, senior citizens could check the name register and their personal particulars in the website http://isejahtera.penang.gov.my which was launched today. — Bernama


State assembly reps get AP perk

Posted: 28 Feb 2010 01:11 AM PST

All members of state legislative assemblies can now apply for one approved permit (AP) each to import a foreign car into the country.

With this additional perk, they join the ranks of members of parliament as well as car dealers and importers, diplomats and other privileged individuals permitted to apply for the International Trade and Industry Ministry (Miti) for APs.

Atoyota car manufacturer loss of sales report 221208 03 letter by Miti's import and export division issued in February and addressed to Selangor assembly secretary Mohd Yasin Bidin said that Prime Minister Najib Abdul Razak had agreed to the move on Oct 25, 2009.

This is in order to give recognition to the contributions of the 'yang berhormats' to "the people and the nation," said the letter.

Once obtained, the imported vehicle - which must five years old or less - cannot be transferred to any other party, it added.

It has yet to be determined whether the extension of APs to state assembly members mean they also will have to pay the RM10,000 fee for the permit they receive.

The new fee was announced by Miti in October after unveiling the National Automotive Policy last October following complaints that APs, among other abuses, were being sold to third parties rather than being used to develop bumiputera vehicle import entrepreneurs.

It remains to be seen how this move fits into Miti's October announcement that it would abolish the AP system for imports of completely-built-up vehicles, terminate open APs for used vehicles after 2015, and franchise APs (issued to dealers with distribution agreements with car companies) after 2020.

bukit antarabangsa landslide 071209 zuraida kamaruddinCommenting on the issue, PKR's Ampang MP Zuraida Kamaruddin said while she welcomed the extension of the privilege to state assembly members, Miti's move has not settled the abuse of the AP system.

"State assemblypersons are given APs, fine, but this doesn't answer the issues of APs being given away to cronies and businessmen.


The whole system must be reviewed. How does this latest move fit into Miti's plans?" asked Zuraida when contacted.


news courtesy of Malaysiakini


Picnic or Manslaughter .. WARNING: Very Gross Collection!

Posted: 28 Feb 2010 12:26 AM PST

WARNING! THIS IS A VERY GROSS COLLECTION! VIEWER DISCRETION IS ADVISED.



DO NOT SEE IF YOU ARE FAINT HEARTED!!!

I wonder how can people eat their lunch under such circumstances? Bizarre ...

Courtesy of Malaysian Scandal


PM Najib : Media must work for a united Malaysia

Posted: 27 Feb 2010 11:55 PM PST


Datuk Seri Najib Tun Razak said the media have a social responsibility to work with the government towards nation building despite having differing policies.

"The media might take a different path...Sin Chew might take a different path...Utusan (Malaysia) might take a different path...other papers might take a different path, but although we take different paths, we must converge and we must reach our final destination," said the Prime Minister in his speech at the Sin Chew Media Group Chinese New Year Celebration at its headquarters, here Sunday.

Najib said the final destination for the media to converge was towards "a stronger, better, united, harmonious and prosperous Malaysia."

He hoped that the media, in implementing their differing policies, were aware that they were not pulling apart the society but bringing them together as Malaysians.

"We take different paths because we must allow some latitude in our society. We must allow some room for differences of opinion and even dissent but we must be conscious that we are not pulling apart this society, but we (must ensure that we) are slowly but surely bringing all Malaysians together," he said.

Najib also stressed that the demands made by a particular community should not be at the expense of other communities in the country.

"When we have differences in opinion we must always be aware...yes we can make demands...yes we can make statements but that should not be to the point that whatever we demand, whatever we say, whatever we do will be at the expense of some other community.

"It cannot and should not be a zero sum game. It should be on the basis that what is good for my community is also good for all Malaysians," Najib said.

He said that if all communities had the same thinking, "I am confident that we can have a colourful tapestry in our society".

Najib said there was no other society in the world that was as colourful as Malaysia.

"(And) in this part of the world...in South East Asia you cannot get a nation that is more colourful than Malaysia. But that should be our strength and that should be our challenge. It should not be an obstacle. It should not hold us back," he said.

The Prime Minister said that the people must move together as one and as one nation in the spirit of 1Malaysia for a stronger and better Malaysia.

Talking about Tiger, since this year is the Tiger Year according to the Chinese calendar, Najib said although the tiger symbolised vitality and courage, the animal also was an endangered species.

"So if we don't look after the tiger, the tiger will surely disappear. If we don't look after this nation...this nation will go down," he said.

He called on the people to together build this nation so that a true legacy for Malaysia could be left behind. - Bernama


Moderate earthquake hits Banda Sea in Indonesia

Posted: 27 Feb 2010 11:51 PM PST


A moderate earthquake measuring 5.0 on the Richter scale hit Banda Sea, Indonesia at 11.58am Sunday.

The Meteorological Department said the quake's epicentre is located 547km south of Riking, Indonesia and 1,782km southeast of Tawau, Sabah.

The quake did not pose any tsunami threat, the department said in a statement. - Bernama


Mechanic's Wedding Rings

Posted: 27 Feb 2010 11:49 PM PST


Anwar needs divine intervention

Posted: 27 Feb 2010 11:25 PM PST


Anwar can forget about getting justice from the Malaysian judicial system. Rules can be bent, rules can be ignored, rules can be overlooked when it involves Anwar. This is what the man in the street is saying.

We witnessed this nauseating so-called judicial process in both the trials concerning Anwar's sodomy and corruption trials in 1999. In the first sodomy trial the charges were amended three times because the authorities did not know the definite date to conclusively state when the so-called sodomy was believed to have taken place then.

In the corruption trial, the presiding judge made it so difficult for the defence to mount a serious challenge to the charge. The judge even decided that he should be convinced of the relevance of the point before the defence was allowed to question the prosecution witnesses. It was so outrageously unjust that it led Malaysians to believe that Anwar had to be convicted no matter what.

Unsettling effect

Are we witnessing a similar scenario in this instance where Anwar is on trial for the second time charged with - of all things - another sodomy.

The way things are moving, it seems, only a divine intervention can save him from the injustice he is being subjected to.

The Feb25 ruling by the Federal Court refusing to review an earlier Federal Court decision has an unsettling effect on our system of justice.

anwar-sodomySolicitor general II Mohd Yusof Zainal Abiden had argued that the court is not empowered to review its decision. A review can only (be) granted if the applicant manages to prove that "there was an error in law" and only in extremely rare cases is a review granted.

There may not be "an error in law" but what course of remedy is open to the litigant when there was an error in justice? When such error involving justice is so apparent, should the court turn a blind eye to the injustice?

We are made to understand that Rule 137 of the rules of the Federal Court stipulates that the court had limited power to decide on a review of its own decision "to prevent injustice or to prevent an abuse of the process of the court."

Penetration is most crucial

Is this the reason why the law is sometimes referred to as an ass? Does this mean that an injustice and an abuse of the process of court can be tolerated and condoned by the court? Is this what rule of law is all about?

Why is Anwar being denied the list of witnesses? Why is he denied additional information and evidence which is so crucial to his defence? Is it meant to crucify him by all means as many believe it to be?

Shouldn't the court, in all fairness, order this vital information be given to him so that the three foreign experts who are here can advise Anwar's team of lawyers as to how to counter the so-called evidence with the prosecution?
Strangely, the court has also ruled that in spite of the fact that there was no penetration according to medical evidence, it will not dismiss the case as there is other corroborating evidence to support the charge.

Normally, penetration is most crucial in the case of rape and sodomy. In such an eventuality, other corroborating evidence may lend credence to the charge but without any positive evidence of penetration what credibility would this charge hold in any fair trial?

In the words of Lord Devlin, the court process "is to provide a civilized method of settling disputes. It is ...to remove a sense of injustice."

Unfortunately, we have not witnessed this truth so far. The injustice has not been removed by any stretch of the imagination.

written by P RAMAKRISHNAN, who is Aliran president.


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