Saturday, September 25, 2010

Arrested cartoonist Zunar to sue police

Arrested cartoonist Zunar to sue police

Arrested cartoonist Zunar to sue police

Posted: 25 Sep 2010 09:59 AM PDT

Political cartoonist Zunar, who was arrested and detained for more than 24 hours, has vowed to take legal action against the police over his detention. Zunar, whose real name is Zulkiflee Anwar Ulhaque, was given the run-around at seven police stations for the whole of last night and today over his latest comic books entitled Cartoon-o-phobia. Full story here:
Views: 1
0 ratings
Time: 07:53 More in News & Politics


Posted: 25 Sep 2010 11:19 AM PDT

 A teacher-training workshop

It's another two months before the end of the school year but the independent and private schools are already being overwhelmed by parents wanting to enroll their children for Form 1 next year. The principal of one such school that I visited recently told me they had to turn away hundreds of students as they didn't have enough classrooms to accommodate all who had applied. In the last five years, the number of  Form 1 classes in that school had jumped from five to 14.

It is no secret that public schools, including former elite schools, have lost their appeal. Parents are aware of the rot that has been seeping in over the years. Many of our ministers, including our former Minister of Education, send their children to international schools here or boarding schools abroad. This says a lot about the trust they have in our public school system.

How many of our teachers can honestly say they are superior or great teachers?

Without quality teachers, there can be no quality education. That to me is the crux of the problem.

There should be stringent vetting of applicants for teacher training. One way to attract the best people to take up teaching is through competitive salaries and ample opportunities for career advancement. Pay top dollar and we'll have top graduates falling in line for teacher-training and teaching vacancies. Isn't the future of our children and of our country worth every cent?

Global management firm McKinsey recently released a report "Closing the Talent Gap: Attracting and Retaining Top-Third Graduates to Careers in Teaching" which looks at school systems and the teaching profession in 50 countries. It cites Singapore, Finland, and South Korea as examples of countries where the teaching profession recruits the very best and brightest, gives them paid training and retains them with merit increments, performance bonuses and outstanding contribution awards.

No wonder these countries have consistently ranked among the world's best in maths and science.

The Education Ministry's deputy director-general for policy recently spoke about giving every child in Malaysia access to quality education. He said schools will be ranked based on their performance. The rankings will be published annually.

Sounds familiar, doesn't it? It's the same old refrain, year in year out.

Last January, the Education Ministry announced the top 20 best performing schools in the country. I took the trouble to do a google search of some of the schools on the list. Guess what? Most of them didn't even have a website. Those with an online presence either had websites that were not updated, or had nothing much of interest. So much for the best schools in this age of technology!

Our education system is in dire need of a complete overhaul starting with improving the quality of teachers. No more piece-meal cosmetic makeovers, and flip-flopping over policies.

蔡细历:没筹募基金 2失势区会不合作

Posted: 25 Sep 2010 11:06 AM PDT






南洋商报 25-09-2010

US Architects and Engineers prove that 9-11 was an inside job!!! Video proof.

Posted: 25 Sep 2010 09:23 AM PDT

Well, looks like President Obama owes Iranian President Mahmoud Ahmedinejad an apology for stating point blank what even American Architects and Engineers are saying about 9-11 being an American Bush Jr Government orchestrated inside job!

I mean, those of us rational thinking people of the world have long suspected that the destruction of the World Trade Center twin towers in New York must surely have been a controlled demolition due to the way those towers came down onto their own foundation.

So, in this case, it is clear that for all the advancements that there is in the USA, such a brutal massacre of its own citizens planned meticulously in absolute detail and carried out mercilessly by those who still remain at large and conveniently scapegoat 19 Saudi Arabians and go on a rampage carpet bombing Afghanis and Iraqis on deception of them having anything to do with this massacre surely is going to go down in human history as one of the vilest things that America, the so called land of the free and home of the brave is gonna get plastered with very soon!

These are American experts in the field of engineering and architecture who are exposing the obvious glaring evidences of an inside job, not Iranians, Iraqis or Afghanis!

What does that show us, the people of the world as to the audacity of America's former President who conveniently devastated Iraq and Afghanistan under pretext of exacting vengeance upon those countries whom he scapegoated as those responsible for the massacre of 3000 over lives in the 9-11 self inflicted tragedy?

If it is true that those 19 Saudi Arabians were responsible for the attack, how come America is still so chummy with Riyadh and not laid a finger on the Saudis?

Not that I wish such harm to come upon my fellow Muslim brethren but the evidences of a CIA covert operation as far as carrying out this vicious brutal massacre and annihilation of their own citizens as collateral damage in advancing their global domination agenda screams out so loud despite all the media propaganda painting out Afghanistan's involvement in such a to the minute detail of the largest grand scale of scapegoating blameless foreign nations for the Americans benefit has yet to be seen in this world's history?

Let me ask you?

What the hell has Afghanistan, a country so poor and suffering from the after effects of the prolonged war with Soviet Union got to gain by carrying out an attack so grand in design and effectiveness if we are to believe and swallow such American hogwash that those mountain terrain dwelling Taliban fighters have it in them to go strike the world's strongest military power tens of thousands of miles away from their dusty mountain hideouts?


Even the cheapest B-flicks of Hollywood pales in comparison to the audaciousness of such accusations lodged against Afghanistan being responsible for what took place over there in New York on September the 11th, 2001!

I salute the fine gentlemen in the video above for having the strength of purpose in them to uphold the truth and see to it that justice is not only seen to be served but with this exposure bring about the world to realize that it is the Americans themselves who are to be rightfully blamed for what took place over there in New York City which even to this day continues to unfairly point the accusing fingers at Muslims and Islam for what is now proven to be nothing more than America's own worst crime against its own people!!!

Shame to those racist Islamophobic morons protesting day and night over there at Ground Zero against my faith of Islam and brothers and sisters of the Muslim world!

Go scream your insults at your own ex President and lay off the Muslims for God's sake!!!

That is if you really are people worth your worth in name and standings?

I know many fine Americans who are good, well mannered, outstanding human beings and it is a shame to see the ignorant blinkered racist and atheistic ones out there in New York making a fool of themselves before the whole world as far as blaming Islam and Muslims for a vicious crime that now is fast being proven to be the handiwork of none other but their own government officials of the past George Bush Jr.'s mis-administration!

Obama needs to do the right thing here and see to it that justice is done to the memories of all those 3000 over lives which were lost on that fateful day.

Be the change that you said you will bring to this world.

Yes! You can...if you really practice what you tend to preach?

Azmi Sharom Live

Posted: 25 Sep 2010 08:43 AM PDT

Azmi "Ol Skool Blues" live now in the heartland of Pakatan Rakyat's Petaling Jaya, Selangor.

Azmi Sharom Live

Posted: 25 Sep 2010 11:11 AM PDT

Azmi "Ol Skool Blues" live now in the heartland of Pakatan Rakyat's Petaling Jaya, Selangor. Azmi entertained an estactic crowd filled to the brim and rocking to his music. There was hardly any walking space with his fans cheering and calling out for more.

This is a rare performance by Azmi and it will be quite a while before his next performance.

Cops search Malaysiakini, leave empty-handed

Posted: 25 Sep 2010 03:49 AM PDT

Police today searched Malaysiakini's office in Bangsar Utama for copies of Zunar's Cartoon-o-phobia but left an hour later empty-handed. The three-member team - led by ASP Marina Hashim from the Shah Alam district police station - arrived at 3.45pm and searched the storeroom where books published by Malaysiakini's subsidiary Kinibooks are usually kept. Unable to find copies of Cartoon-o-phobia, the police proceeded to take a statement from Malaysiakini editor-in-chief Steven Gan. Full story here:
Views: 303
2 ratings
Time: 02:56 More in News & Politics

In defence of Nurul Izzah

Posted: 25 Sep 2010 06:40 AM PDT

John Malott
Sep 7, 10

COMMENT Without question, racial tensions in Malaysia are higher today than at any time since the 1969 riots. 

A high school principal makes racist remarks to her young students but goes unpunished by the government. A Chinese Malaysian rapper makes an offensive video claiming that Malaysia's wealth is thanks to the Chinese, insulting not only Malays but also Indian workers who have toiled on Malaysian plantations for generations.

NONEA right-wing Utusan Malaysiacolumnist writes that those who disagree with his extremist views on the unwritten social contract can "go home" to China and India. When some Malays parade the severed head of a cow to protest against a Hindu temple, they are greeted as heroes by the home minister. 

Fearful of losing political support, the government's actions have been selective – criticising statements coming from the opposition, while remaining silent when the racism comes from their own quarters. The prime minister's failure to provide leadership to deal with this growing racial and religious crisis and his inability to go beyond the sloganeering of 1Malaysia do not portend well for Malaysia's future.

Against this backdrop, Nurul Izzah Anwar, the MP for Lembah Pantai, has written a courageous and fascinating two-part article,'Malaysia or Malaysaja?', calling for a constructive dialogue with Perkasa to discuss how to interpret Article 153 of the Constitution. She has said that she is willing to engage with other concerned Malaysians as well. 

NONEPerkasa chief Ibrahim Ali dismissed Nurul Izzah's challenge to a debate, calling her 'small fry'. And in a snub, he said that if she wants to debate, she can talk to the head of Wiranita, the Perkasa women's organisation. 

For reasons thatmost people understand, the publicity-seeking Ibrahim does not want to share a microphone with anyone, let alone Nurul Izzah, who clearly is his intellectual superior.

As expected, Perkasa and its allies responded in typical fashion – not by countering Nurul Izzah's well-considered arguments, but by engaging in bluster, name-calling, and threats, filing a police report against her. 

Nurul Izzah, not one to be intimidated by bullying, responded bywriting another article, even more forceful and detailed than the first. 

What Izzah has called for

Let us consider what Nurul Izzah said and did not say – and why her proposal for a constructive debate on the meaning of Article 153, and how it has been implemented over the years, has merit. 

First, Nurul Izzah did not call for the repeal or amendment of Article 153. So the hot heads of Perkasa, as well as Home Minister Hishammuddin Hussein, should back off. There is no element of sedition here. She also did not challenge Malaysia's unwritten social contract. 

Nurul Izzah correctly pointed out that Ibrahim Ali and Perkasa are wrong when they insist that the words "Malay rights" appear in Article 153. They do not. The Constitution refers to the "special position" of the Malays and other bumiputera, but not to any inalienable rights. 

Pardon me for talking briefly about my own country to make a point. Soon to be 223 years old, the US Constitution is the oldest written constitution in the world. Over the years, the US Supreme Court has been called upon countless times – now between 75 and 100 times each year – to interpret the meaning of the Constitution and whether specific actions and laws of the government conform to it.

So as an American, I think that debating the meaning and implementation of specific articles in the Constitution is a legitimate part of the political and governing process in a democracy. Even after two centuries, we still have that debate. For example, the question of placing an Islamic Centre near Ground Zero in New York raises constitutional issues of freedom of speech and freedom of religion. 

Nurul Izzah is doing the same. She says, let's have a constructive debate about what Malaysia's constitution means in practice when it talks about the "special position" of the Malays. 

Discounts on fancy homes a 'right'?

For example, nowhere in the Constitution does it say that bumiputera citizens should be given discounts when they buy fancy condominiums. Those are policies enacted by the government of the day, which are not enshrined in the Constitution. 

While the civil service, scholarships, and business permits are mentioned in Article 153, housing is not. But when DAP MP Tony Pua recently suggested that the Selangor state government should abolish the bumiputera discount for purchase of houses costing more than RM500,000 (in a state where the average cost of housing in 2009 was RM267,000), an Umno Youth leader filed a police report and said that Pua's suggestion not only challenged Article 153, it was an offence under the Sedition Act. Of course, it is not. 

NONEQuestion: Should bumiputera residents be given discounts when they buy housing? If so, what should the percentage be? Do you have a "right" to a 10 percent discount as opposed to 5 percent?

Should there be a means test – that the discount is only given to people whose incomes are below a certain level, or when the value of the housing is below a certain level? If poor Malays are to be given housing discounts or subsidies, then should they not also be given to poor Indians and others? These are all legitimate questions to discuss. 

If in the future the government decides that bumiputera may receive a 30 percent discount when they buy a Proton, but others may not, isn't it only fair to discuss this? If the government decides that 100 percent of the civil service has to be Malay, or that only Malays may head corporations in Malaysia, isn't that something that should be debated?

If others want to question such policies, they should not be told that they are violating Article 153 and are subject to arrest for sedition. 

Bumi equity target has failed

Let's consider the policy of bumiputera ownership of 30 percent of the equity on the Bursa Malaysia. Article 153 talks about making special provision for bumiputeras to acquire licences and permits to engage in trade and business. But it does not talk about setting aside a special allocation of new stock issues for Malays and others, let alone how the value of the stock should be measured. 

If the goal of the NEP is to raise the economic status and living standards of the Malay people, then how does this specific programme – setting aside 30 percent of stock issues – do that? If it were an effective programme, then why after all these years do so many Malays – and especially those in the rural areas – still live in poverty?

Why, as the New Economic Model (NEM) report pointed out, has the gap between rich and poor widened? Why has income for the bottom 40 percent of Malaysian households grown the most slowly over the past three decades? 

Judged by these results, clearly the 30 percent equity policy has failed to do the job. Are there not better and more effective policies to raise the economic levels of the Malays and people of Sabah and Sarawak? And as others have pointed out, who decided what individuals could buy these shares? Where was the transparency? Why were the recipients not required to keep the shares, rather than sell them to others for a quick buck? 

NONEWhen MCA head Dr Chua Soi Lek called for ending the 30 percent quota, Perkasa's economic bureau director called for Chua to be arrested under the Internal Security Act (ISA) for "disregarding national interests."

In 2006, Asian Strategy and Leadership Institute (Asli) issued a report that said when the actual market value of stocks is used (the way that all of us determine our current wealth), rather than the artificially-determined par value, then the 30 percent target already has been reached. But under pressure, Asli withdrew the report. 

'A fresh young voice'

In summary, even without challenging Article 153, it is perfectly legitimate to have a discussion of:

1) how that article has been implemented and should be implemented through government policies and actions;

2) how successful past and current policies have been in meeting the goals of Article 153; and

3) how success should be measured.

In a democracy, none of these topics should be "off limits." 

On a personal note, I have known Nurul Izzah for 12 years, and it has been a pleasure to watch her grow into the remarkable woman that she is today. No one should underestimate her. Everyone sees her beauty, but I can attest that she also has brains, determination, and courage. And all of those characteristics are on display right now. 

Perhaps an anonymous comment on the Internet, in response to her article, says it best: "She may well turn out to be the fresh young voice of conscience and courage… at a time when Malaysia needs a gentle, clear voice."

JOHN R MALOTT was the United States ambassador to Malaysia 1995-1998.In defence of Nurul Izzah

The Slaves of Allah

Posted: 25 Sep 2010 05:49 AM PDT

In the backward religion of Islam, the greatest success that a Muslim believer can achieve in life is being a slave. Muhammad told his blind followers that they *must* become the "slaves of Allah" or be tortured in hell fire for eternity. He also promised them plenty of booty in both this life and the next.

Fortunately, the Muslims are slowly beginning to accept the fact that there IS NO cruel Islamic god named Allah and that they are in reality simply the SLAVES OF MUHAMMAD'S CULT.

If Islam were a peaceful and respectable religion that was a benefit to humanity, there would be nothing wrong with dedicating ones life to it. But of course this is not the case. In reality Islam does not ultimately produce good results for Muslims or anyone else.

In fact the Islamic religion without exception produces certain collective disaster for the Muslims. Islam has always failed Muslims, and it will always fail Muslims for as long as the followers of this pathetic cult continue to practice and enforce its cruel dictates. Islamic ideology produces the worst end result that one could possibly imagine. Islam is a vicious cult that creates a blinding slave mentality among Muslims.

As stated above, Muhammad has in reality made the Muslims HIS slaves. From the grave this evil mad man still has control over the minds of Muslims. Muslims live in fear of his most evil book the unholy Quran. Many things are ass backwards in the world of Islam, and the Quran is no exception. The Quran is the most harmful and corrupted book in existence, and yet brainwashed Muslim believers still think it pure and perfect. If the Quran is the unblemished word of god then gasoline is inflammable.

Muslims can never be free and know what it is to be fully and truly human. In fact Muslims do not want to be free. They want to be slaves.

Muslims hate freedom and want to deny it to themselves and others. For the end goal of Islam is to submit totally to Islam and become THE PERFECT SLAVE OF ALLAH.
If Muslims could only see that Islam/Allah is nothing more than Muhammad's 1400 year old lie that he used to enslave them with and turn them into his personal band of thieves and killers they would walk away from this twisted cult in a heart beat. And fortunately for both Muslims and non-Muslims this process is well under way. Muslims have now rightly  become ashamed of Islam and their criminal prophet.

Saleem Smith is a Canadian Ex-Muslim. He has his own site in which he expresses his views on Islam and other issues.

PKR “Elected Office Bearers and Official Results”

Posted: 25 Sep 2010 05:35 AM PDT

The final results were all tallied and announced at around 6.15pm at both the counting centres of Petra Jaya and Stampin Divisional Meetings. There were excitement all round at both centres as the results were announced.

The Petra Jaya Ketua Cabang is now headed by Zulrusdi Bin Haji Mohamad Hol who received 67 votes while Ramlee bin Mahtar garnered 41 votes with 6 spoilt votes.. The Deputy Cabang was won by Azman Salleh who received 77 votes with Idwar Baharuddin at 36 votes and there was 2 spoilt votes. 

The Naib Ketua Cabang at the Stampin saw a three cornered fight in which there were some very tense moments and even a so called "friendly shouting match" was heard amongst the lady candidates. It was only natural as elections bring out the true characters and personalities of each candidate. Chow Ah Hong received 20 votes while Nazarudin @Madi B,Drahman notched up 52 while the victorius Voon Shiak Ni topped at 98 votes with 4 spoilt votes.

Immediatedly after victory she spoke to audie61 and we asked her,"Where do you go from here?"  She punched the air and told us this is the "FORCE OF THE STATE WANITA WING" The strength of the wing is tested again and we have overcome like we did when we went into the Sibu Parliamentary elections. She was quick to thank her team of election supporters who helped her to campaign and she briefly mentioned the following to be included in our article:-She thanked the The State Wanita chief  Ibi Uding and the State wanita colleagues for their support and also the Stampin Wanita Chief Narbriella Illyana Abdullah. Voon also said,"this is indeed healthy for PKR and it shows that PKR believes in the grassroot and the supporters have chosen the ones to lead them for 3 years.

The Timbalan Ketua Cabang for Stampin was won by Loo Chao Min who polled 107 votes to Yunus B Ahmad Zaid who managed 65 votes. The counting of the votes  which was  witnessed earlier by the  press and bloggers  as PKR practises Transperancy and Accountability nearly blew over when one of the counting agents requested the it to be a "family sort of affair". Not to create an unhealthy scenario the media boys left quietly but begrudgingly. 

The final result of the afternoon was the much awaited and anticipated result of who leads Stampin Cabang. See Chee How the Sarawak State Infromation Chief was challenged by the Batu Kawah Ranting  Chief Soo Lina. When the results was announced and Chee How polled 110 to Soo Lina 60 with 5 spoilt votes Chee How thanked her for putting up a good fight. Both sets of supporters agreed its time to close ranks,consolidate and fight the common enemy in the next State elections which will be called very soon.

Taib Umum Terus Terajui Kepimpinan BN Sarawak

Posted: 25 Sep 2010 04:58 AM PDT

Ketua Menteri Sarawak Tan Sri Abdul Taib Mahmud hari ini mengumumkan secara rasmi kesediaannya untuk terus menerajui kepimpinan Barisan Nasional (BN) Sarawak dan kerajaan negeri.

Pengumuman tersebut sekaligus menepis spekulasi yang timbul berkaitan dengan kedudukannya berikutan kenyataannya dibuat pada 24 Ogos lalu menyatakan beliau bersedia berundur...


KUCHING, 25 Sept — Ketua Menteri Sarawak Tan Sri Abdul Taib Mahmud hari ini mengumumkan secara rasmi kesediaannya untuk terus menerajui kepimpinan Barisan Nasional (BN) Sarawak dan kerajaan negeri.

Pengumuman tersebut sekaligus menepis spekulasi yang timbul berkaitan dengan kedudukannya berikutan kenyataannya dibuat pada 24 Ogos lalu menyatakan beliau bersedia berundur.

Taib (gambar) yang merupakan Ketua Menteri paling lama berkhidmat iaitu selama 29 tahun sejak 26 Mac 1981 itu berkata walaupun ada di kalangan keluarganya tidak bersetuju namun oleh kerana khidmatnya masih diperlukan rakyat akhirnya mereka memahami keputusannya.

"Mereka sekeluarga bersetuju (agar saya) tidak menghampakan harapan rakyat Sarawak," katanya di Hangar Hornbill Skyway di sini hari ini.

"Bagi saya sendiri walau apa pun terjadi saya akan terus menolong negeri Sarawak," katanya di hadapan lebih 7,000 orang yang terdiri daripada menteri kabinet negeri, Anggota Dewan Undangan Negeri (ADUN), penyokong parti komponen BN Sarawak dan Pertubuhan Bukan Kerajaan (NGO).

[ADS] Terima Email Dan Dapatkan $$$ Setiap Kali Membacanya !!!
[ADS] Malaysia Online Contest, Promotion & Earning Blog!!!

Pemimpin yang berusia 74 pada tahun itu bagaimanapun enggan menyatakan berapa lama beliau akan terus menerajui tampuk pemerintahan negeri namun berkata proses pembentukan satu pasukan bagi menerajui kepimpinan akan datang kini sedang dilakukan.

Taib berkata, sudah sampai masa penyokong dan anggota parti komponen BN Sarawak untuk menangkis dakyah palsu pembangkang yang hanya tahu mengkritik segala usaha yang dibuat oleh kerajaan.

Beliau memberi jaminan akan meneruskan visi kerajaan negeri untuk menjadikan negeri Sarawak sebagai antara negeri termaju menjelang 2020.

Pada 24 Ogos, Taib dipetik sebagai berkata yang beliau masih belum memutuskan untuk bertanding dalam pilihanraya Dewan Undangan Negeri (DUN) ke-10 yang tempoh penggal berakhir pada Julai tahun depan.

Taib sebelum ini ialah ADUN Asajaya sebelum bertukar ke kawasan DUN Balingian pada 2001. — Bernama

Penan wars trilogy: Crimes in the jungle

Posted: 25 Sep 2010 01:03 AM PDT

I reproduce below the police reports written by the Penans themselves, so that they may now have a face. The Penans are not just faceless and voiceless characters. Now they have a personality, just like you and I.

I recosarawak penan community in ba jawi ulu baram 160609 03mmend that you read the reports carefully for the Penans are great storytellers, having in their heritage a fine oral tradition. They are painstaking when it comes to details and they are eloquent in the emotive retelling of their experiences.

Until today, it is worthy to note that no one has been arrested or interrogated in relation to the reports. The excuse is that the police cannot prosecute the perpetrators of the crimes because they could not be identified.

In the end, the police reports and statutory declarations quoted here remain the only indictment of the crimes committed in the jungle.

Raped at 12

This testimony comes in the form of a signed, statutory declaration. Because the victim was a minor when the rape took place, she will simply be called 'M'.

Her father, Buet Kayan of Long Ajeng, Ulu Baram, a Malaysian citizen of about 40 years of age born in the vicinity without birth certificate, made the following statutory declaration at Miri, Sarawak in March 1995:

sarawak penan community in ba jawi ulu baram 160609 01"Sometime in early November 1993, my wife Leren Bajau and I returned to our dwelling in Long Kerong after having gone to the forest to gather sago. We found that our daughter M, together with some other people from Long Kerong, had returned from Long Ajeng a few days earlier.

"M had gone to Long Ajeng at about the end of October 1993 to fetch rice for the family. She had travelled on foot to Long Ajeng together with Gembala (pastor) John and his wife, both of Long Kerong, and another girl named Martha (also known as Merita) from Long Ajeng.

"M is my third child and was born in April 1981. She is generally reserved and quiet. She has a lisp in her speech and does not speak much. My wife and I have 10 children still living, including M.

"About two or three days after we returned from the forest, M told my wife and I that she had been raped in Long Mobui while en route to Long Ajeng from Long Kerong. She was sad and depressed and cried while relating her experience. She had been afraid to tell us what had happened to her for fear that my wife and I would be angry.

"M said that she had been raped at night by two men in the house of Datu Abeng, the son of the ketua kampung of Long Mobui. She said one of the rapists was of big build and had a big stomach. She said that she had struggled, screamed and cried while she was being raped but nobody came to help her. She said she had not told anyone about the rape.

"My wife and I were shocked. We consoled her and told her we were grateful she had not been injured or killed by the rapists..." read the declaration.

"My wife and I did not tell anybody about the rape until August 1994. We did not know what to do about the matter, or to whom we should report. We finally told Balang Tui (of Long Ajeng) when we heard that some Penan leaders were going to Kuching to make a police report on problems faced by our community. A police report was made on Sept 30, 1994 at the Kuching Central Police Station.

"On March 22, 1995, M made a police report, Miri Central Police Station and gave a statement to the police in Miri regarding her rape in Long Mobui. I also gave a statement to the police," it concluded.

Nobody has ever been arrested in connection with M's case. At the time of writing, M has remained single and she is now 29-years-old, living with her kin somewhere near her village in Ulu Baram.

4-year-old killed by tear-gas

Bulan Yoh of Long Mobui, Baram made the following statutory declaration regarding the death of her 4-year-old son Sonny Laot:

NONE"...We are currently living in Long Kerong, Baram. We have six children now living. Five of my children have died, including Sonny Laot who was my youngest child. Sonny was 4 years old when he died on Oct 6 1993.

"Sonny was hospitalised in Marudi hospital for about a month in August/September 1993. He was operated on for a swelling on his neck below his left ear. He recovered fully and my husband and I took him back to the Sebatu blockade site. There he actively played with the other children and was eating normally and in general good health.

"On the second day of our arrival at Sebatu, the tear-gassing and dismantling of the blockade took place. At about 10am that day, a large number of Police Field Force (PFF) personnel and other police personnel wearing red helmets with visors and carrying shields, whom I believe to be from the Federal Reserve Unit (FRU), were seen advancing towards the blockade.

bakun dam special report logging site 070910"They were accompanying some officers from the Forest Department and some workers from the logging company that operates in the area. I believe there were more than 300 police personnel present.

"Some men at the blockade went some distance down the road with the intention of negotiating with the police. But they were immediately arrested upon coming into contact with the Police.

"The PFF personnel continued their advance and the large group of men who had followed close behind their representatives retreated towards the blockade. When the PFF were about 100 metres from the blockade, they started arresting people in the group.

"My husband was among this group of men. I saw him being arrested. His arms were forcibly held behind his back by four PFF personnel. I heard him shouting as if he was in pain. I ran towards my husband to help him.

"At that moment the PFF started throwing tear-gas canisters at the group without any warning and without any provocation from the group. At the same time those PFF personnel that were armed with M-16 rifles surrounded the area around the blockade.

penan blockade in sarawak logging"I was afraid for my children whom I had left in our lamin (an open-walled temporary hut, raised about six feet above the ground) located about 100 metres from the blockade. In our laminwere Sonny (4 years old), Rose (7-8 years) and Stella (6-7 years). My grandchild Joit Abut (5-6 years) was also in the hut.

"As I made my way towards our lamin, I saw the PFF throw tear-gas canisters towards the lamins of the people. Some of them landed near our lamin. The gas drifted towards the lamin and enveloped the area. People ran away from the gas. As I tried to get back to our lamin the PFF tried to prevent me and the other people from getting to the lamin. It took me a long time to reach our lamin.

"When I finally arrived at our lamin, there was tear-gas all around and inside. I was choking from the gas. I rushed inside and found only Sonny there. He was crying, coughing and vomiting from the effects of the tear gas.

"I took him out of the lamin and went into the nearby forest, to get away from the gas. Sonny was vomiting badly. I tried giving him some water but he drank only a little.

"That night, I sheltered with Sonny and the rest of the family in a lamin in the forest. Sonny was constantly coughing and vomiting and could hardly eat or drink.

The next day we set off on foot for Long Kerong with the other families from the blockade as we were extremely fearful of the police. On the journey Sonny's condition deteriorated. We only had some Panadol for medication.

"We travelled for five days in the forest and reached Long Sait where we stayed with some relatives. At Long Sait, Sonny's condition continued to worsen.

"He eventually died on the third day after we arrived in Long Sait, 6 Oct 1993. We buried Sonny in Long Sait.

Another tear gas tragedy

Another victim of the show of force at a Penan blockade was Geran Ten, who passed away on Sept 8, 1994 in Long Kerong.

penan benalih baram blockade logged forest 280807 barrenThe police report featured the interviews of his brother Gilin Ten, 65, and another farmer Geoffery Upai Lagui, 33 from Long Kerong.

Geran was born in Long Kerong, part of a family of four brothers and sisters. He was married with no children.

Before the blockade in Long Mobui, Geran had stayed in Long Ajeng for some time. His land is in Long Kerong.

It is suspected that tear-gas thrown by the PFF personnel while dismantling the blockade at Long Mobui was the main cause of his death.

Gilin says he was with Geran when the police charged at the Penan manning the blockade. Gilin was about 100 meters from the hut where Geran was resting. At that time, Geran was a little sick with fever but it was not serious, and he continued to participate in all the activities at the blockade site with the others.

Gilin says as the police started firing tear-gas at the people, he saw some being thrown underneath the hut where Geran was resting. He then saw his brother emerge, vomiting as he descended the staircase.

Gilin rushed to help his brother but was restrained by the police as he reached a worship hut half way to where Geran was. He could see Geran appearing weak and vomiting continuously.

In the pandemonium nobody was helping Geran. They were either prevented from reaching their huts, or running away from the smoke that was proving extremely irritating. When the smoke got thicker, he could not see Geran anymore. Irritated by the smoke, Gilin rushed to a stream nearby to wash his face.

When he returned about half an hour later, the police had left and it was raining very heavily. The huts were completely destroyed and he could not find Geran.

The people started returning to the site and about 30 temporary sheds were put up. It was getting dark and the rain was still very heavy. Geran returned at that time and he was coughing badly. Gilin boiled some water for Geran to drink, hoping that it would help stop his coughing but it did not.

Gungho police and indifferent doctors

The next morning, a helicopter flew over the blockade site and a group of armed soldiers came to the sheds. They searched to see if anything was being hidden. They did not destroy the sheds this time.

That evening, after the soldiers had left, people started leaving the site.

Gilin and Geran left together. After walking for only half a mile, Geran complained that he was too weak to walk. Gilin then erected a small shed and both of them stayed there for the night.

Geran was coughing badly and complained of stomach-ache. There was white stuff coming out from his mouth when he coughed. He began to have a lot of blisters on his lips and he could not eat. He felt weak and was visibly losing weight.

Because Geran was too weak to walk a long distance, Gilin had to erect a shed for him to rest and sleep after walking a short distance each day. They spent ten days in the jungle before they reached Long Kerong. Normally, it takes less than two days to walk the distance..

When they first arrived in Long Kerong, they stayed in a good friend, Bala Kadir's house. Geran's wife also arrived, following another group.

After staying with Bala for two weeks, Geran's health had deteriorated. He could not eat anything at all; when he did, he vomited. Panadol was the only medicine that the local villagers could get for him.

NONEWhen the flying doctors came to Long Kerong, they refused to walk the short distance (about 40 meters away) to see him. Some villagers had tried to carry Geran to see the doctors but any small movement of his body caused him so much pain that they didn't persist.

Geoffery was away when Geran arrived in Long Kerong. When he returned, he immediately went to see him when the villagers told him that Geran was very sick.

He corroborated Gilin's account of his brother's condition. He helped administer some medicine for rehydration and for gastric that the flying doctors had prescribed.

He says during the time when Geran was in Long Kerong, the flying doctors visited the community three times. Geoffery tried to persuade the doctors to see Geran, explaining how moving him caused him great pain, but the doctors were not sympathetic. They just asked about his health condition and left some medicine.

Two days before he passed away, Geran was unconscious. The villagers helped to move him into Bala's house because a lot of the villagers came and wanted to pray for his recovery.

He passed away after midnight. Before he died, he told his brother to keep his parang and his gun, and not to throw them away.

Gilin is very sad because the government has done nothing to investigate the death of his brother. He is still angry with the flying doctors for refusing to attend to Geran, even though they were informed of his critical condition.

Source: Malaysiakini

SIM KWANG YANG was member of parliament for Bandar Kuching, Sarawak from 1982 to 1995. He can be reached at All comments are welcome.

Nurul’s bid has support from all voting blocks

Posted: 24 Sep 2010 07:18 AM PDT

By Joe Fernandez

COMMENT Lembah Pantai MP Nurul Izzah, 30, who has announced her candidacy for one of the five elected vice-presidential slots in PKR will be a virtual shoo-in for a post at the very top of the party hierarchy. Her bid isn't likely to be seen as too much too soon in PKR which, unlike the older parties, is a very young party with very few home-grown seniors jostling for top positions.

The only reason for her to pull out from the race would either be her father Anwar Ibrahim, the de facto party chief, or her mother Dr Wan Azizah Wan Ismail, the president, counselling patience on her part. In that case, she's likely to be appointed as a vice-president as compensation for her pull-out from the race. However, it's unlikely that her parents would persuade her to pull out from the bid for a vice-presidency. She has most probably asked for their blessings and received them before announcing her bid.

As the daughter of both the party president and the de facto party chief, she can expect the block votes to come pouring in not only from the various warlords but the youths, women and the general membership.

It will not be surprising if those voting for Azmin Ali, Zaid Ibrahim's challenger for the deputy presidency, also support Nurul despite her virtually describing him as "a wolf in sheep's clothing". She has since explained her remarks as being not directed at Azmin. No one is giving her the benefit of the doubt in this case since she also announced her support for Zaid at the same "wolf" function in Kuching.

If there's anything between Azmin on the one side and Nurul and Wan Azizah on the other, it's the fact that the Gombak MP and Bukit Antarabangsa state assemblyman is too close to Anwar for their comfort. Anwar, on the other hand, needs someone that he can rely on to help hold the fort at PKR should he be carted off to jail soon on the Sodomy II charges. Zaid is not that man, Anwar has decided while incumbent Syed Husin Ali – a better bet than Azmin – wants to be returned unopposed to the deputy presidency.

Nurul can also expect strong support from Hindraf Makkal Sakthi, the ad hoc apolitical movement for human rights, following her recent public statements on Article 153 of the Federal Constitution. Echoing Hindraf's call, she agreed that the Federal Constitution doesn't mention special privileges for the Malays. She further pointed out that Article 153 had a shelf life of 15 years and had long expired. This was music to Hindraf's ears.

Counter-balance to Azmin

Nurul's take on Article 153 also comes as great news to the Indians in PKR who at 40% make up the single largest voting block among PKR's 400,000-odd members, followed by the Malays at 33.5%, Chinese 11%, Dusuns 8% and Dayaks 7.5%. Most of the Indians in PKR are Hindraf supporters. The minority are from other Indian-based parties, the bulk of these from the MIC.

Other block votes would come from Sabah strongman Jeffrey Gapari Kitingan whose mandate as vice-president also covers Sarawak. Jeffrey has also been nominated to the vice-presidency and is likely to be the only one elected to the post from Sabah and Sarawak. It's not known whether a vice-president will be appointed for Sarawak which has pledged its support for Jeffrey.

Nurul was in Kota Kinabalu not too long ago, at Jeffrey's invitation, to help woo the young, the professionals and the women to sign up with PKR and support the agenda for change and reform. She's due to come back soon to hit the campaign trail in Sabah and Sarawak together with Jeffrey.

Between Wan Azizah, Jeffrey and Nurul, the trio can be expected to be a counter-balance to Azmin who can be expected to win the deputy presidency with Anwar's overt and covert support. The PKR chief himself has stressed that he will be neutral. He's giving a semblance of studied neutrality at least in public but he's kidding no one. The word from the political grapevine is that he's actively working the phones drumming up support for Azmin.

Even without the various voting blocks lined up behind her, Nurul has quietly won the support of the party membership in various ways. She never misses an opportunity to tell them exactly what she's thinking on various longstanding issues. She has also been quick with her response on various issues that arise from time to time. This has given the public a frank picture on her for them to decide whether to endorse her or keep a distance.

Mere tokenism

The criticisms against her have not been from within the party, but from without, generally fringe organisations like the extreme Malay right-wing Perkasa.

Nurul has been accused by them of promoting the abolishment of Malay rights clauses in the Federal Constitution. She has denied this and has explained that her beef is with the deviations and distortions introduced by Umno over the last 50-odd years in the name of the Malays. This has resulted in the mismanagement of the country and the economy by the ruling elite, according to her, and resulted in massive corruption. This was also her explanation at the police station as well after Perkasa supporters lodged a police report against her for "uttering seditious remarks".

The elevation of Nurul to a vice-presidency will put added pressure on other political parties not to sideline the youth and women with mere tokenism.

Nurul and Anwar don't subscribe to the same political approaches. If anything, Nurul is on the same wavelength as her mother. It was Anwar who told the Tamil media not so long ago in Kuala Lumpur, and repeated a week later in London, that Hindraf was a racist organisation.

Nurul bought Hindraf chief P Waythamoorthy's rebuttal to Anwar that the movement is only standing up for Malaysian Indians to have a place in the sun without, in the process, denying other communities of their rights. A racist, Waythamoorthy pointed out, is one who "denies others their place in the sun", a point which has struck a chord with Nurul.

Anwar's young daughter has managed to do something that he has been unable to do so far, that is, win over Hindraf and Jeffrey, who is also close to Wan Azizah, to PKR's take on the agenda for change and reform. This can be attributed to the fact that she, unlike Anwar, says what she means and means what she says.

Anwar tries to be "a man for all seasons", striving to be "all things to all people". He's for the moment, sensing the mood of the people before him, and "giving them exactly what they want to hear" and later, at the very next function, "projecting something that he was not at the earlier function or quite the opposite". But he dismisses the chameleon tag for himself, as does his daughter, a rare agreement between father and daughter.

Also read:

Nurul enters the ring, vies for veep post

Shall we flush out the 3 million Indons?

Posted: 25 Sep 2010 12:45 AM PDT

Its about Indonesia again. While both governments are doing the best to patch up things, there are certain quarters in Indonesia who preferred us to part for good. The latest demonstration at our ambassador's residence in Jakarta was regretted.

About 500 Bendera and other members of anti-Malaysia groups demanded the envoy to leave the country in two days of face the consequences. From territorial dispute, it spread to the latest maid abuse in Penang.

I (can I say we?) would like to tell Jakarta (where some ot its politicians also joined the anti-Malaysia bandwagon) that by virtue, Malaysians too got the right to stage similar demo at their embassy in Kuala Lumpur.

Why? We host about 3 million Indonesians in the country, almost one third entered our territory via the back doors. By right, we can easily flush them out for violating our law. However, we legalised some of them as there were demands for workers in various sectors.

We announced the amnesty plan mostly every year for the illegal to go home and we only impose a RM800 penalty each for an exit visa. Even that, many got reduction on humanitarian ground as some of them could not produce sufficient fund for it. And of course, some Malaysians help them out, too.

Now, did we ever complaint to the Indonesian government about a few thousand Indonesian who breached our law here? When you in Indonesia made noise and politicised the issue on the detention of Indonesians waiting death sentences and those behind bars, did we simply catch and punish them?

They are murderers, rapists, kidnappers, armed robbers and drug traffickers. Some of this 'high-ranking' convicts of yours are also on your wanted list. When they killed and raped Malaysians, did we show any kind of protest or stage an ugly demonstration in front of your embassy or your 'Rumah Indonesia'?

What about those who indulged themselves in vice activities, theft and others? Did we blame the whole Indonesia for what they did here?

We do understand that out of 3 million Indonesians in Malaysia, we cant help but accept their wrongdoings and, of course, we have to reprimand them. Is that also wrong? Or is an Indonesian of the same class as an American where none of them should be produced in overseas court?

And your plan to 'sweep' Malaysians out of Indonesia - what would be your gain? If you still want to advocate yourself to Sukarno's 'Ganyang Malaysia', may as well we break off. Malaysia wont lose anything. We can always recall our major investors home, the few hundreds students and at the same time tell the 3 million Indonesians to go home as well.

You may not be able to export you clove cigarettes to Malaysian (admit it that its sales is one of Indonesia's major revenue earners), no more Indon movies, no more 'dangdut' albums and no more Indonesian delights for Malaysia. That's okay.

Remember when you made an issue out of culture and dances? One of your dances was Indian-originated but no Indians made noise about it but when Malaysians performed it, you accused us of stealing it.

I believe those who showed such a protest do not know history. Please acknowledge that many Malaysians have their ancestors in Sumatra, Java, Kalimantan and other parts of Indonesia. When they migrated to Malaysia many years ago, they brought with them similar culture, language and the way of life. They practiced it here. Aren't you proud of it?

So, when you told our ambassador to go home, shall we tell your 3 million people here to leave as well? I believe you (those anti-Malaysia groups) are serious about it!

Zunar is among brave Malaysians who zero in on The Truth...

Posted: 24 Sep 2010 11:26 PM PDT

and my dear ER(Esteemed Readers) are kindly asked to rate how he compares with our MACC deputy head...For the latter, I only have many Qs with the crying out loud, still allowed, REALLY?-- YL, Desi

#1 from the Malaysian Mirror:

Cartoonist Zunar arrested, new book seized


Friday, 24 September 2010 20:17

KUALA LUMPUR - Malaysiakini cartoonist Zulkiflee Anwar Ulhaque, better known as Zunar (picture), was arrested Friday under the Sedition Act for publishing books considered 'detrimental to public order' and that could 'influence the people to revolt against government policies'.

The Star reported that police raided his office premises in Brickfields about 4pm and seized about 70 copies of his latest book, Cartoon-o-phobia, due to be launched Friday night.

City police chief DCP Muhammad Sabtu Osman confirmed the arrest and seizure of the items.

The new book, Cartoon-o-phobia, features a collection of political cartoons that have appeared on the Malaysiakini website as well as unpublished cartoons and fresh artworks.

Published by Malaysiakini, Cartoon-o-phobia was to be launched at 8pm Friday at the Selangor Chinese Assembly Hall by former Perak mentri besar Nizar Jamaluddin.

On Malaysiakini's website, Zunar said that despite his arrest, the launch would proceed Friday night.

According to The Star, Zunar said that Cartoon-o-phobia was chosen as the title to illustrate and reflect the fears of certain parties to cartoons.

"I am thinking of registering the term 'Cartoon-o-phobia' as a new word that carries the definition of 'individuals or parties who are afraid of cartoons and use political power to act against cartoonists'," he said.

The cartoonist said that the content of this latest book had more bite compared to his previous books.

Zunar's three previous books - 1 Funny Malaysia, Perak Darul Kartun and Isu Dalam Kartun were banned by the Home Ministry but he had earlier told Malaysiakini that he was willing to take the risk in releasing this new book.

#2 From the NST:

NOTE: The "Really?'s are inserted by Desi:) or :( depending on your viewpoint!

Malaysia a role model in fighting graft'
By Adrian David
Share |

The inconsistent interpretation of corruption by different countries has made the task to combat social ills even more difficult.

Malaysian Anti-Corruption Commission deputy chief commissioner (prevention) Datuk Sutinah Sutan said greater efforts were being made globally to standardise and streamline the understanding and procedures linked with corruption so that it could be tackled effectively.

"Many lesser developed countries are still learning from the experience of others and are attempting to adopt their initiatives.

"Malaysia is seen as a role model as a nation successful in combating corruption.
Many countries look at how we have rapidly progressed and developed since achieving Independence in 1957. (REALLY?)

"They say we have managed very well to control corruption with our strong political will," she said at the close of the three-day "15th ADB/OECD Anti-Corruption Initiative for Asia and the Pacific" and "Regional Seminar on the Criminalisation of Bribery" at the Palace of Golden Horses in Seri Kembangan, Selangor yesterday.

Sutinah, who is also the event's secretariat chairman, said the delegates agreed that corruption was a big threat among lesser developed countries and greater initiatives were being put into place by their respective governments.

She said Malaysia had measured up to international standards like those laid out in the "Mutual Legal Assistance in Criminal Matters Act" and other United Nations laws and regulations.(REALLY??)

"We have learnt that minimising bureaucracy and delays can reduce corruption. The idea is to promote business without corruption by enhancing confidence-building measures for businessmen and foreign investors." (REALLY (as done in Malaysia)???)

She said the message was clear -- one does not have to bribe officers; there is no "extra cash" required to do business in Malaysia. (REALLY????)

"We are also pushing for matters concerning extradition, asset recovery and other new action plans in a systemic manner with the cooperation of other countries."

The event saw 28 countries and over 200 representatives involved, including representatives from the Asian Development Bank, the Organisation for Economic Cooperation and Development, Transparency International, World Bank, German Training Institution, American Bar Association and the United Nations Development Programme.

The speakers presented international standards and national approaches to issues concerning international instruments on the criminalisation of bribery, challenges in establishing and applying domestic and foreign bribery offences, corporate liability for bribery, investigative techniques, and sanctions and confiscation.

Read more: 'Malaysia a role model in fighting graft'

Updates “PKR Elections In Kuching Divisions”

Posted: 24 Sep 2010 11:14 PM PDT

2 corner fights  both areas- In Stampin Sarawak PKR State Information Chief See Chee How is being challenged by Lina Soo from the Batu Kawa Branch while Ramlee Mahtar is pitted against  Zulrusdi bin Mohd.Hol for Petra Jaya Division Chairman. Both areas are incident free and the members are casting their votes to determine the Chairmans and the new team.

The full results will be uploaded after audie61 visits the polling stations with pictures….


Posted: 24 Sep 2010 10:41 PM PDT

By Admin

Malaysian Pop Queen Siti Nurhaliza was supposed to have performed today in Penang but she had to cancel her performance on the advice of her gynaecologist. It was reported that Penang Chief Minister YAB Lim Guan Eng announced that the Sept 25 concert at the City Stadium, in which Siti Nurhaliza was to perform a one-hour show, would therefore be cancelled. YAB Lim said the state had received a letter from the multi award-winning singer-songwriter's company, Siti Nurhaliza Productions (M) Sdn Bhd, along with a letter from her gynaecologist from the Prince Court Medical Centre which has given the certification that Siti Nurhaliza is not to travel or engage in any physical activity while she is on treatment.

YAB Lim said Siti Nurhaliza Productions had fully refunded the state's RM60,000 deposit and would also be responsible for all other costs incurred, which the state was currently ascertaining.

Meanwhile, Siti Nurhaliza Tarudin, when contacted here later, apologised to the state government and her fans for pulling out of the concert at the last minute. She said this was on the advice of her gynaecologist, as she was undergoing fertility treatment.

"I had already agreed to perform at the concert, but a few days ago, the doctor advised me to be less active and to rest more," she told mStar, The Star's Malay language portal.

The Scribe and the Blog Team of MarGeeMar wishes Siti the best of health and to be blessed with a child. However, The Scribe wants to highlight the spin done by Umno and it's Blogs such as Unspinners who are claimed that Siti had a personal agenda in wanting to perform in Penang. UNSPINNERS had earlier posted and bragged that they had forced Siti to cancel her Penang Concert. This Blog posting has since been quietly removed by UNSPINNERS. Read here the outrageous claims UNSPINNERS had made against Siti and her husband for wanting to perform for the People of Penang:

UNSPINNERS has been spewing not only lies but also instigating Malays and Muslims to attack non Malays and Muslims in Malaysia. The scary part of all this is that the kind of comments that this Blog receives. What is more worrying is that these comments are coming from individuals who appear to be highly educated with a good command of the English language (just like Khairy Jamaluddin) but have a PERKASA or PEKIDA like mentality.

Maybe, the Penang Government ought to replace the Siti Nurhaliza Concert with a Concert featuring NAMEWEE!

Syariah: The Law of The Land?

Posted: 24 Sep 2010 10:02 PM PDT

From Loyarburok

Islam and the Constitution

The same rhetorical "fudge", and similar vigilante recourse to zealous retribution, also apply in the case of claims that Islamic law, syariah law, is "the law of the land."

Here again we now hear routinely, from Dr. Ridhuan and from those who write IKIM columns in The Star, that Islam is constitutionally the law of the land.

On what grounds?

First, they cite article 3 of the Constitution that proclaims Islam as the religion of the state.

Article 3 does not hold or in any way provide that Islamic law is the law of the land. In fact, the Constitution proclaims itself, in Article 4, as the sole and supreme law and basis of national sovereignty.

Moreover, any review of the debates on this subject that were part of the "Merdeka process and agreements" (the negotiations that some now retrospectively designate as "the social contract") will reveal that, through Article 3, Islam was simply to be the emblematic "official" religion of the state as a sovereign international political entity, not the mandatory national religion or form of law.

Any such notion was resisted at the time, not only by most non-Malay and also Malay political leaders but also, crucially, by the Malay rulers themselves.

They resisted any assumption of religious powers under the Constitution by the new national government. They understandably wanted to protect their own traditional rights over, and their powers exercised through, Islam in their own states.

The Constitution could only be adopted, and national independence on its foundation proclaimed, on the basis of the consent of the Malay rulers. Their consent was granted on this specific assurance, that their Islamic religious standing would not be diminished.

Accordingly, the religious nature of the new state was, at their royal insistence, to be affirmed by only minimal measures, such as the formal reciting of a doa at the opening of every session of the new national Parliament, nothing more.

So the notion that the Constitution, through Article 3, provides that Islam is to be, in any far-reaching and pervasive social and political way, the religion of the state's citizenry, rather than the emblematic official religion of state ceremony and symbolism, is mistaken.

As for the claim that, under Article 3, Islamic law is to be entrenched and recognised and to be rightfully promoted as the national legal system or its unchallengeable foundation, that notion is even one step further from any accurate and faithful interpretation of the meaning of the Constitution and of the intentions of those whose agreement made its adoption and promulgation possible.

It is as much an inflation, or a fanciful embellishment, of the meaning of Article 3 as is the patently extravagant claim that Article 153 enshrines Ketuanan Melayu within the Constitution and as the foundation of national political life.

A precedental legal foundation?
Those who now, with retrospective revisionist objectives, seek to argue that syariah law – the legal system of Islam and its principles – is rightfully the supreme law of the land, or its authoritatively and incontrovertibly established foundation, have a second string to their bow.

They point to the judgment, long before the adoption in 1957 of the Merdeka Constitution, in the case of Ramah v Laton in 1927.

The case involved the claim of a second wife, under syariah law, to a share in the estate of her deceased husband.

In arguing her case, lawyers for the second wife, whose claims were not at first recognised under the British common law system of the Malay states, sought to present the expert testimony of an expert in Islamic inheritance law.

The court, through its presiding judge Wilson, refused permission for such an expert presentation to be offered.

It cited clear grounds.

Had the case been one requiring the expert testimony of say, an expert in fingerprinting (or now, in our time, DNA sequencing), the court would have allowed such expertise to be placed before it.

Why? Because the court itself had no expertise of its own in the matter. This would have been specialised, arcane science.

But in the case of Islamic law, the court had held, the matter was different. Not that the court was itself expert in Islamic law, as knowledgeable as a master exponent of the technicalities of fara'id (Islamic inheritance law).

But, it held, Islamic law was a part of the common legal tradition of the country. As part of local "legal culture and tradition", it was not unknown, nor were its principles foreign, to the common law courts. Though not expert in syariah legal technicalities, the court was entitled and empowered to pursue its own consideration of the principles involved.

It was competent and expert in the law of the land. So, it held, far from foreign and exotic or unrecognisable to the court, Islamic legal principles and processes were, for at least some part of the population, part of the legal culture with which the court worked, part of "the law of the land."

The court did not need to avail itself of outside expertise. What Ramah sought and the grounds of her doing so were all part – a part though hardly the whole – of the common legal tradition and culture of the land and its people; a legal system that the common law courts were instituted to uphold, and in whose matters those courts were not simply competent and expert but the rightful ultimate authority.

The common law tradition operates by the crystallisation of enduring and established custom as firm social conventions and their subsequent absorption and eventual recognition as legal principle, within and by the legal system itself.

The misappropriation of Ramah v. Laton
When Wilson J., in rejecting the presentation of outside expert testimony concerning fara'id and affirming the court's own competence to consider the principles involved, declared that syariah law was, or was to be considered as part of, "the law of the land" he meant something� specific in that context, as every competent lawyer will understand.

He was affirming the court's own independent ability, unaided, to deal with whatever was part of the local common law tradition.

He was not affirming that the syariah law, and certainly not the syariah law as understood and upheld by its technical experts (such as the man whose testimony Wilson declined to hear, or in our day the champions of syariah law implementation and supremacy), was any foundational part of the national legal system – and certainly not that it was the overriding law of the land, to whose claims and requirements all other legal concerns must be subservient, and to which all other legal traditions must acknowledge subordination.

Yet that – the dubious notion of an established "syariah pre-eminence" – is precisely the construction that the champions of syariah supremacy now make of Wilson's judgment in Ramah v. Laton and the use to which, either uncomprehendingly or with knowing tactical purpose, they put it.

They deploy this misconceived or disingenuous interpretation of Ramah v. Laton as a way of getting around the problems that, when rightly and plainly understood, Article 3 of the Constitution clearly provides to the promotion of their cause.

Properly understood, Article 3 presents a huge obstacle to their cause. But the strategic misappropriation of the much earlier case from 1927 enables them to assert that matters were already decided, in a precedental legal decision, long before the Merdeka Constitution was promulgated.

That Constitution, for some, lacks legitimacy since it was, as they see it, "foisted" upon them by foreigners; but, provided it is construed as they wish it to be, the judgment of another outsider, Wilson J., may be used to trump constitutional principles. His words that Islamic law "is the law of the land" are now sedulously deployed to obviate any resistance that the Constitution and its clear-minded defenders might offer to the promotion of claims of Islamist legal supremacy.

Such views have been put by IKIM columnists in The Star, by newspaper commentators and polemicists, and even in law textbooks written by lecturers at the International Islamic University and used in that institution?s Law Faculty courses. (It is noteworthy here that the national committee, operating from the Attorney-General's Chambers, on the Harmonization of Civil Laws and Syariah has, by formal decision, resolved to make the Law Faculty of the International Islamic University, where this questionable form of legal reasoning prevails and is developed, the sole source of competent specialist legal expertise and advice in its work.)

How did this strange appropriation and misdirection of Ramah v. Laton occur?
When the late Professor Ahmad Ibrahim published his monumental study of Islamic Law in Malaya (1965) he made no reference to Ramah v. Laton. But by the time he began teaching at Universiti Malaya he had discovered it and explored its uses. Students from the early 1970s remember him dwelling on this case in his introductory lectures.

By the mid-1980s Ramah v. Laton had become a "stock in trade" of the group of young "syariah-minded" academic lawyers whom Professor Ahmad Ibrahim, now at the International Islamic University, had gathered around him and who were "making the running" in promoting the implementation of Islamic law.

By the time of the 1988 amendment to Article 121 (1A), these experts had persuaded the government – contrary to the clear meaning of the decision in Ramah v. Laton, but in its name and on its authority – that the civil courts could not hear any case involving syariah law principles; that cases that implicated such principles had to be heard by a separate and autonomous syariah court system of equal standing to the civil; and that the syariah courts and not the civil courts must be the ultimate and unchallengeable arbiter whether, in any instance, syariah principles were involved (and the case accordingly one for disposition at the sole discretion of the syariah courts).

By 2008, in the wake of the so-called Lina Joy case, the leading judges of the land were invoking Ramah v. Laton to justify the development of a new, syariah-based system of Malaysian common law. The common law evolves, true. This was Wilson J.'s point and underlying justification. But to see Wilson's words in Ramah v. Laton used, over twenty years and more, to justify the supremacy of certain notions of syariah law, those held by some very single-minded parties and partisans, within the local common law and over the Malaysian legal system as a whole is something that must surely have worried lawyers of good sense and conscience. It would, they must have known, have greatly displeased Wilson.

An odd exception
Much of the revisionist reinterpretation, or misinterpretation, of Ramah v. Laton has been the work of academic or scholastic lawyers, legal idealists and ideologues rather than "hands-on" daily practitioners of the law. Wilson's oft-quoted words have beguiled the polemicists and provided them with a powerful instrument, a bludgeon against all doubters and opponents.

Yet there is one area where Islamic law in Malaysia has, in the real world, developed greatly and become of ever increasing practical significance. This is the area of Islamic finance.

In this area, specialist practitioners, eager that Malaysia might become an international pioneer and pace-maker in institutional innovation, have for some time argued, in effect, for the recourse that Wilson J. rejected in Ramah v. Laton. They have argued that in complex commercial cases involving Islamic finance and Islamic commercial law, courts should be set up that combine the standard common law procedures with conjoint legal and judicial expertise in Islamic commercial law. (Apparently some courts with this character are already operating, initially on a trial basis, in Shah Alam.)

But how might such tribunals – where judges in the civil law tradition would be assisted by, take advice from, sit jointly with, or even operate within specific legal parameters set by syariah-law experts – be constituted, given the words and real implications of Wilson's judgment in Ramah v. Laton?

These worldly and purposeful practitioners working in the area of Islamic finance and business law understood the situation clearly. They knew what needed to be done if such "mixed" courts and tribunals were to be established. "It is time", they declared in their professional legal bulletins (as an Internet search will show), "or the ghost of Ramah v. Laton to be laid."

Nothing less than the exorcism of an unwelcome and troublesome legal ghost was required. But they, at least, unlike the doctrinaire syariah expansionists of the International Islamic University, clearly understood what Ramah v. Laton had been about and what the judgment in that case really meant. No sentiment here, no ideology, just a practical purpose and determination.

Yet it is strange that, at the same time though in different areas, Ramah v. Laton can both be invoked by some yet its setting aside be urged by others in the name, and for the common purpose, of syariah law institutionalisation and implementation.

This is a straight-forward argument, one that should prove unexceptionable to informed scholars, observers and students of these matters.

But in these times these are not easy things to say.

For those who have formed excessive, even quite distorted, revisionist views of the meaning of Articles 3 and 153 of the Constitution and of the meaning of the judgment in Ramah v. Laton, the argument offered above will be unwelcome.

It will be rejected because those who hold the positions that are criticised confuse what is congenial to them -what they want, and wish to be the case – with what in fact is the case, what the Constitution and that legal decision really mean and imply. Where these meanings and implications displease them, they substitute, perhaps unwittingly but in some cases with canny purposefulness, their own, and then persuade themselves that their convenient fictions are the historic truth.

To make this argument exposes the author to charges of sedition: of questioning the standing of Islamic law under the Constitution (as some mistakenly see it); of impugning by implication the position of the Malay Rulers as the constitutionally appointed guarantors of the position of Islamic law (including, the "syariah supremacists" hold, their own inflated notions of its position); and hence of seditiously putting in question the supremacy of the Constitution itself.

Faced with such accusations, one can do nothing but to say, and go on saying, that those of that other opinion are simply wrong, mistaken -and generally, so far as the lawyers and legal scholars among them are concerned, that they should know better.

LB: Clive S. Kessler is Emeritus Professor of Sociology & Anthropology at The University of New South Wales, Sydney.

Read more here

Insulting the Prophet and Islam! Why is this blasphemous @#$%^&! left free?

Posted: 24 Sep 2010 11:09 PM PDT

Why is this Benjamin Stephen left free to insult Islam and the Prophet? 

What is the PDRM or Home Ministry waiting for? 

To see the ummah lose their patience and take the matter into their own hands?

Does the Police or Home Ministry need to wait for someone to lodge a report before you arrest this fella and charge him for blasphemy against the Islamic faith or have you no powers of preemptive arrest to prevent social unrest as a result of such derogatory attacks and insults against Islam???

What's your excuse? 

The rights of the Prophet and the devotion, respect, esteem and honour that are owed to him are made clear in the Book and the Sunna and the consensus of the community. In His Book, Allah has made it haram to harm him. The community agrees that anyone among the Muslims who disparages him or curses him is to be killed.

Allah says, "Those who harm Allah and His Messenger, Allah has cursed them in this world and the Next World. He has prepared a humiliating punishment for them," (33:57) and "Those who harm the Messenger of Allah have a painful punishment," (9:61) and "It is not for you to hurt the Messenger of Allah and you should not ever marry his wives after him. That is something terrible with Allah." (33:53)

Inna allatheena yu/thoona Allahawarasoolahu laAAanahumu Allahu fee addunyawal-akhirati waaAAadda lahum AAathabanmuheena
Muhsin Khan
Verily, those who annoy Allah and His Messenger (SAW) Allah has cursed them in this world, and in the Hereafter, and has prepared for them a humiliating torment.

Ya ayyuha allatheena amanoola tadkhuloo buyoota annabiyyi illa an yu/thanalakum ila taAAamin ghayra nathireenainahu walakin itha duAAeetum fadkhuloofa-itha taAAimtum fantashiroo walamusta/niseena lihadeethin inna thalikum kanayu/thee annabiyya fayastahyee minkum wallahula yastahyee mina alhaqqi wa-ithasaaltumoohunna mataAAan fas-aloohunna min wara-ihijabin thalikum atharu liquloobikumwaquloobihinna wama kana lakum an tu/thoorasoola Allahi wala an tankihoo azwajahumin baAAdihi abadan inna thalikum kana AAinda AllahiAAatheema
Muhsin Khan
O you who believe! Enter not the Prophet's houses, except when leave is given to you for a meal, (and then) not (so early as) to wait for its preparation. But when you are invited, enter, and when you have taken your meal, disperse, without sitting for a talk. Verily, such (behaviour) annoys the Prophet, and he is shy of (asking) you (to go), but Allah is not shy of (telling you) the truth. And when you ask (his wives) for anything you want, ask them from behind a screen, that is purer for your hearts and for their hearts. And it is not (right) for you that you should annoy Allah's Messenger, nor that you should ever marry his wives after him (his death). Verily! With Allah that shall be an enormity.

Each and every Muslim who is capable must take action against this Benjamin Stephen. Go lodge a police report against him. Let's see what the PDRM and Home Minister are going to do about him?

Tracking Zunar

Posted: 24 Sep 2010 12:41 PM PDT

Tracking Zunar ... well actually it was tracking the police who had Zunar. They travelled from the Brickfields police station to IPD Serdang and onto Sepang. Tonight Zunar is being detained in a lockup in KLIA. Report: 11.55, Zunar keluar daripada IPD Sepang dan dibawa ke lokap Balai Polis KLIA untuk tahanan. Peguam Latheefa Koya berkata siasatan masih berjalan bawah Seksyen 4(1) Akta Hasutan. Zunar dijangka akan dibawa di hadapan Majistret Sepang petang esok (Sept 25), katanya lagi. Katanya lagi, beliau tidak berpuas hati dengan prosedur penyiasatan yang dijalankan oleh polis dalam kes tersebut. Tambahnya, polis tidak dapat menjelaskan mengapa Zunar dibawa dari satu balai polis ke balai yang lain, hanya untuk ditahan di lokap balai polis KLIA. "Daripada jam 4 petang tadi lagi dia ditahan, tapi satu kenyataan pun tidak diambil daripada beliau," katanya.
Views: 0
0 ratings
Time: 05:52 More in News & Politics

No comments: