CPO: We used minimal force to disperse the crowd

November 12th, 2008

> Bar Council expressed disappointment over the disappropriate and heavy-handed approach adopted by the police at the Coalition for Free and Fair Elections (Bersih)-organised vigil to call for an end to the Internal Security Act (ISA).

Its vice-president Ragunath Kesavan called on police to protect the rights of speech, expression and assembly of all those who legitimately engage in expressing dissent, fairly and without bias.

He said it was alarming that police started dispersing the people as early as a hour before the vigil started and that it was not necessary to use physical force and causing injuries to some participants, as the group was reportedly calm and did not pose any threat to public order.

He also expressed concern that the authorities seem to use the law selectively, breeding notions of bias.

“Several demonstrations over the Pakatan Rakyat government’s policies in Penang and Selangor have proceeded without much harassment nor arrests by the police,” he said.

> DAP’s Tony Pua and Lau Weng San told reporters at Parliament lobby that police disperse the crowd when they were singing the national anthem prior to leaving the Civic Centre where they were gathered.

Pua said his shirt was torn as he was grabbed by two police officers, kicked in the stomach by another officer and thrown into the truck although he told them he was the MP for the constituency and that he could walk himself to the truck.

Lau, who nursed a busted lip and scratched face as a result of the arrest, said he was punched in the face by a plainclothes policeman and dragged to the truck when he inquired about the situation of other detainees.

He added he has lodged a police report and requested a medical examination as well as an identification parade because he can remember the police officer clearly.

Lim Kit Siang (DAP-Ipoh Timur) said the incident showed the police have forgotten the recommendation of the Royal Police Commission that the force should become an efficient, professional, incorruptible world-class police service with three priority objectives – to keep crime low, eradicate corruption and respect human rights.

> Bersih said police charged on participants as they were singing the national anthem outside the Civic Hall.

“We are deeply appalled by the unusual manner of the police dispersal of citizens in a peaceful gathering,” read the statement.

Police Attack on Citizens singing National Anthem: Contempt of Nation and King

November 11th, 2008

We, the undersigned civil society groups, express our strongest condemnation of the brutal attack by policemen on a 100-strong crowd of Malaysians who were singing the national anthem Negaraku. The event took place last night (Sunday, 9 Nov 2008) at the BERSIH peaceful gathering outside MBPJ’s Civic Hall, Petaling Jaya.

Members of the public had gathered to commemorate the first anniversary of the BERSIH rally on 10 November 2007 as well as demand for the abolition of the ISA. The attack was not only an outright human rights violation, but it also demonstrated outrageous contempt of the Nation and Hia Majesty The King.

The police used brute and excessive force on the peaceful crowd. As the crowd sang the following lines of the national anthem – “Raja kita selamat bertakhta” [May the King reign in peace], FRU personnel and plainclothes officers charged at the crowd and started chasing and grabbing people at random.

A 53-year-old woman named Dian Abdullah was attacked from behind by a few policemen, causing her to fall and injure the back of her head. A bystander took her to the hospital where she received four stitches for the cut.

MP for Petaling Jaya Utara, Tony Pua and Kampung Tunku state assemblyman Lau Weng San were manhandled and punched respectively. A PAS member was set upon by six police officers on the five-foot-way right outside Lotus Restaurant.

We would like to stress that, first and foremost, it is every Malaysians’ birth right to peaceful assembly, as enshrined in Article 10 of the Federal Constitution. The police dispersal of citizens’ peaceful gathering is unwarranted and an act of contempt against the Constitution.

We are deeply appalled by the unusual manner of the police dispersal of citizens in a peaceful gathering. Under ‘more normal’ circumstances, the police officer in charge would order the crowd to disperse within five minutes before taking any action. While Malaysians are taught from young to stand to attention when the national anthem is being played or sung, the behaviour of the police was such that they felt they had to stop the peaceful crowd from finishing the song and then proceeded to punish them violently.

We urge Home Minister Datuk Seri Syed Hamid Syed Albar to immediately apologize to Malaysians and we demand that th Selangor Chief of Police, Deputy Comm Datuk Khalid Abu Bakar to take responsibility for his part in this fiasco and resign.

We call on all Malaysians to unite, regardless of our political persuasion, to defend the national symbol and basic human rights.

The 9 November police attack on the citizens, the nation and the monarchy has yet again reminded us of the urgent and immediate need for an Independent Police Complaints and Misconduct Commission (IPCMC).

EC Chairman’s Appointment - disappointment over no consultation, cautious hope for an impartial EC

November 11th, 2008

According to Chief Secretary to the Government Tan Sri Mohd Sidek Hassan said in a statement on Tuesday that the Yang di-Pertuan Agong had consented to the appointment of Home Ministry Secretary-General Tan Sri Abdul Aziz Mohd Yusof as the new Chairman of the Election Commission under Clause (1) Article 114 of the Federal Constitution, effective 31st December 2008. His appointment is until he reaches the age of 66 as provided for under Clause (3) Article 114 of the Constitution.

Abdul Aziz will be replacing current EC chairman Tan Sri Abdul Rashid Abdul Rahman whose service will end as he will be 66 on 30th December 2008.

First, I express my disappointment over the failure on the part of the Government to consult the Opposition on the appointment.

In most other democracies, while it is often the prerogative of the government-of-the-day to appoint the Chairman of Election Commission, the Opposition is usually consulted as impartiality and bipartisan acceptance are most needed in the management of election.

With more than a third of parliamentarians from the Opposition, the need for the Government to consult is more than ever.

Second, I am also disappointed that another retired civil servant is appointed to such an important position whose role is to be an effective guardian of Malaysian democracy.

In most other Westminster democracies, the Chairman and Commissioners of the Election Commission are often made up of former judges of impeccable integrity.

In the Malaysian Constitution, the status of the Chairman of the Election Commission is equivalent to that of a federal court judge whose sacking is a painstaking process only possible to be carried out in a tribunal. As such, the candidate for position of the Chairman of the Election Commission should be at least of the quality of a federal court judge.

I am not suggesting that the appointed candidate is not of such quality but the nation, in particular the Parliament, must be persuaded to believe that he is of such calibre.

Third, I urge the appointed new Chairman of EC Tan Sri Abdul Aziz to start a fresh chapter in the management of election in Malaysia as soon as he begins his tenure.

Tan Sri Abdul Aziz must state his stance on the five basic demands of BERSIH (Coalition for Clean and Fair Election), that is 1) the use of indelible ink; 2) the abolition of postal votes; 3) the total overhaul of the tainted electoral roll; 4) a level playing field in media; and 5) a commitment to allow at least 21 days of campaign.

He should also look into two other important issues, namely, the possibility of introducing automatic voter registration and the lowering of voting age from 21 year-old to 17 or 18 year-old.

My colleagues and I in BERSIH would like to seek an appointment with Tan Sri Abdul Aziz as soon as he takes over to exchange views, as well as to ensure that the new Chairman’s tenure would not be a repeat of the eight disastrous years of election management under the outgoing Chairman Tan Sri Abdul Rashid Abdul Rahman whose litany of failures and scandals include the poor handling of the 2004 election, and the last-minute termination of use of indelible ink in the 2008 election.

The last eight years of election management has made Malaysia an international laughing stock. It is time for the restoration of democracy and procedural justice in the management of election.

DAP duo allege rough handling by police

November 10th, 2008

Rahmah Ghazali (Malaysiakini)

Opposition representatives Tony Pua and Lau Weng San have claimed that Selangor police were rough with them when dispersing participants of a

Candlelight vigil in Petaling Jaya last night.

Also refuting comments by Selangor police chief Khalid Abu Bakar, they told a press conference in the Parliament lobby today that the cops had started moving in while participants were in the midst of singing the national anthem.

Among those present at the press conference were DAP stalwart Lim Kit Siang and secretary-general Lim Guan Eng.

Pua, the Petaling Jaya Utara MP, said a commotion erupted when the police began ordering participants to disperse while they were singing national anthem.

“Prior to that, I had told them (the police) that we would disperse peacefully afterwards. But halfway through the national anthem, they were already coming towards us,” he said.

He denied that the police had given numerous warnings prior to the dispersal and the arrests.

Pua said Selangor exco member Ronnie Liu had earlier informed the police that participants would cooperate fully.

“As I was looking for (Liu), the CPO shouted at me, asking aggressively what I was doing there.

“But before I could explain myself, he called for other police officers to arrest me and they started to push me,” alleged Pua.

“So, I shouted at them (the police, saying) they should not push me because I would walk. That’s when my shirt was torn, and I was pushed to the (police) truck.”

Pua further alleged that the police had kicked him in the stomach and on the leg, saying this was “uncalled for”.

He condemned the arrest of Malaysiakini videographer Syukri Mohamad who “should not have been arrested for performing his duties”.

Liu was arrested at the Petaling Jaya district police headquarters where he had gone to assist the 23 people who were arrested.

All except one were released at 7am today on police bail.

‘Punched in the face’

Lau, the Kampung Tunku assemblyperson, also narrated his side of the story.

He claimed that he had been punched twice in the face while was assessing the situation in his capacity as an elected representative.

“When I got there I was told that several people were being arrested. As I was approaching the crowd, one police officer shouted at me ‘Keluar! Keluar!’ (Get out!, Get out!),” said Lau.

“I told him repeatedly that I’m a YB (Yang Berhormat), but he ignored me and started pushing me away. I asked him to speak politely and that is when the officer got emotional.

“He lost his patience and started dragging me to a police truck. He also punched me twice in the face even though I told him that I would go voluntarily.”

Lau showed journalists scratches and bruises on his right cheek and upper lip.

Expressing disappointment, he also said the police had failed to tell him why he was being taken into custody.

“He did not even show his identification card and refused to give his name but I can definitely recognise his face,” said Lau.

He added that he had lodged a police report at 4.29am and that he may consider legal action.

DAP insists PAC continue probing Eurocopter deal

October 28th, 2008

Malaysian Insider

By Shannon Teoh

PETALING JAYA, Oct 27 - Despite the government shelving the Eurocopter deal, DAP supremo Lim Kit Siang today insisted that the Public Accounts Committee (PAC) should continue investigating the proposed RM2.3 billion defence contract for procurement irregularities.

The Malaysian Insider reported yesterday that Malaysia will cancel buying 12 Eurocopter EC725 military helicopters due to the bleak world economic outlook. The PAC announced last week it will meet over the deal when parliament reconvenes this Wednesday.

“Even if the helicopter deal is cancelled, PAC is duty-bound to investigate into the highly dubious and controversial procurement process as it runs counter to all principles of accountability, transparency, integrity and good governance,” said Lim, who is DAP parliamentary leader, in a statement today.
The veteran opposition leader said the PAC investigations should be “to identify, if there exist, irregularities or oversights and should such faults be discovered, to recommend the adherence of standard procedures or benchmarking for future tender exercise”.

National news agency Bernama reported yesterday evening that “in the wake of the global economic crisis, the government will have to discuss further whether to go ahead with the purchase of new helicopters to replace the ageing Nuris in the Royal Malaysian Air Force (RMAF)”.

The Defence Ministry had earlier announced it would sign a letter of intent for the dozen military helicopters, to be used for combat and also search and rescue missions apart from troop transport, to replace the Nuris that have been in service since 1968. The RMAF has about 30 Nuris left after suffering 18 crashes that killed 95 servicemen since the aircraft entered service.

Lim said any eventual PAC report should provide answers to several questions, including the reasons for the bid price ballooning from 233,345,390 euros or RM1.1 billion to RM2.3 billion. “Has the other half, RM1.2 billion, allocated to middlemen for maintenance service over the next 40 years?” he asked.

He also questioned the rationale for Malaysia paying over twice the price for the EC725 helicopters as compared to Brazil, which is reportedly getting 50 EC725 helicopters at RM84 million per aircraft compared to the RM193 million price tag for the RM2.3 billion Eurocopter deal.

“Shouldn’t Malaysia be getting over 100 EC725 helicopters at the Brazilian price instead of just 12?”

The Ipoh Timur MP also added that the Eurocopter inquiry was a test of the PAC’s “performance, efficacy and usefulness.”

“On record, has PAC done anything to prevent consummation of scandal tainted mega-deals or has its investigations so far brought anyone especially the big-wigs to account?”

He cited the investigations into the RM4.6 billion Port Klang Free Zone and the Middle Ring Road II as examples and called on PAC chairman Datuk Azmi Khalid to give an adeqaute response to the status of these inquiries.

Giving out hampers to Old Folks for Deepavali

October 25th, 2008

Venue: Tg. Bungah and Batu Ferringhi Service Centers
Date : 25 Oct. 2008

Najib misses the point; Malaysia misses the boat

October 21st, 2008

The much-awaited official response from the new Finance Minister Dato’ Seri Najib Tun Razak on the global meltdown was nothing but a letdown. Najib’s response was grossly inadequate, and misses the point entirely.

The world’s financial system is facing the worst breakdown since 1929, with the banking sector in total disarray and all the advance economies – representing 55 percent of global gross domestic product – entered recession, it is incumbent upon any government to respond quickly and effectively in order to mitigate the effects of the crisis.

When everywhere else in the world the crisis and its impacts are discussed daily in detailed fashion, for our government leaders, the only relevant index in Malaysia now is the nomination tally for UMNO leadership positions. Who bothers about the economy?

As a response to challenge by the Opposition to announce a revised Budget taking into consideration the new circumstances, especially the fall of oil prices which formed 46 percent of the budgeted revenue for 2009, Najib promised a proper response on Monday 20th October.

However, apart from saying that the growth rate would be revised downwards, Najib could only manage to announce that the Government would inject RM 5 billion into Valuecap Sdn Bhd so that it can stabilize the stock exchange, as well as a promise that rules for foreign investment will be further relaxed.

The other strategies include the liberalisation of the service sector to attract investment and generate local employment, re-position of government projects to focus on those that generate higher multiplier effects, as well as strengthening of small and middle-scale enterprises.

He also announced that there will be no reduction in budgeted expenditure for 2009, which means a much bigger deficit as a result of a smaller revenue base due to the fall of oil price.

Najib said details would be announced on 4th November 2008 when he concludes the budget debate on budget in the parliament, almost two months after the initial collapse of the financial markets.

In a global crisis of such calamitous magnitude, the Finance Minister is duty-bound to explain to the nation through at least a Ministerial Statement in Parliament as soon as he and the Treasury humanly could prepare for.

But instead the Government acted as if there is no crisis thus a revised budget or even a tentative plan of actions is not needed.

Malaysia is fortunate that its banks are yet to be known to be exposed to the international banking crisis but no one is immune from the global meltdown.

A decade since the 1997/8 crisis, problems contributing to the last crisis – cronyism, corruption and nepotism – are still very much alive. The net effect is that the cost of running the federal government tripled that of in 1998.

Dato’ Seri Anwar Ibrahim’s final budget as Finance Minister was only RM 68 billion in total, miniature to the RM 207 billion budget presented by Prime Minister Dato’ Seri Abdullah Ahmad Badawi on 29 August.
The quality and availability of public goods like education, public housing, public health, crime prevention, have all declined, while child and aged care and public transport are near inexistence, resulting in Hobson’s choice for the poor and middle class of either facing the decline in living condition or ever higher cost of maintaining a decent lifestyle.

57.8 percent of the country’s 5.8 million families live on a combined monthly income below RM 3,000, including 8.6 percent that make less than RM 1,000 per month. The already skyrocketing inflation, and the impending crisis, hit them really hard.

The dependence on government-related employment and foreign workers over the last decade stops the economy as a whole to move up the value chain and to response to a crisis effectively. One in four of Malaysia’s labour force is a legal foreign worker while approximately one in four in the workforce works for the public sector directly or indirectly, for instance, in government-linked corporations.

Private sector lacks capacity to innovate and compete internationally, thus hindering its ability to weather the storm.

The challenges of our time is to ensure that there are sufficient food on the tables of the almost 60 percent of our nation’s families, and to ensure that their life qualities do not descend further.
It is in this context that Najib’s RM 5 billion injection of capital into the controversial Valuecap Sdn Bhd misses the point. It is too little to boost the stock exchange in face of exit of foreign institutional players.

More importantly, it is, in the language of the United States, the Main Street that matters, not the Wall Street.

As Najib misses the point, the country risks missing the boat of curtaining the fallout of the crisis.

Let Parliament vet defence deals above RM100m, says MP

October 20th, 2008

Your Defence News

Parliament should play a role in scrutinising how the RM2.3bil Eurocopter deal was awarded and be consulted on all future procurements above RM100mil.

“It’s high time that defence procurement be subjected to parliamentary scrutiny in order to ensure accountability in the process,” said Bukit Bendera MP Liew Chin Tong He said he had submitted a motion to the Dewan Rakyat during the previous and current sittings, calling for deals which involve a contractual value of RM100mil and above to be subject to parliamentary and Auditor-General scrutiny.

Liew said the Government usually justifies the secrecy involving defence procurement in the name of national strategic interest. “However, as the sum of the contracts are huge, it is apt for Parliament to play a role here,” he said in a statement. He said that according to a World Bank study, 15% of the value of defence procurements worldwide goes into some form of corruption as it is one of the most secretive trade on earth.

“Even advance democracies with independent media and stronger parliamentary scrutiny are susceptible to corruption in this sector due to its unique nature. “It is not difficult to imagine the situation in countries with weaker mechanism of scrutiny,” he said.

Earlier this month, Mentari Services Sdn Bhd chairman Capt (Rtd) Zahar Hashim alleged that the tender made during Datuk Seri Najib Tun Razak’s tenure as Defence Minister to replace the aging Nuri helicopters had been too costly.

He claimed the Government could have saved almost RM1.5bil if it had bought the Kazan-M172 helicopters from Kelowna Flight­craft Ltd, the firm he represents, instead of buying Cougar EC-725s from the German-French firm Eurocopter.

He said the Kazan-M172 met all the specifications required by the armed forces and cost RM898mil while the Cougar units cost the Government RM2.317bil. Najib had said that he would explain the matter in full in Parliament.

Source: Malaysia Star

Parliamentary scrutiny on defence procurement as first step of reform

October 18th, 2008

Media Statement by DAP Member of Parliament for Bukit Bendera Liew Chin Tong in Penang on 17 October 2008

Parliamentary scrutiny on defence procurement as first step of reform

In view of the recent controversies surrounding the purchase of replacement for the aging Nuri helicopter fleet, it is high time that defence procurement be subjected to parliamentary scrutiny in order to ensure accountability in the process.

Malaysians are informed of scandals or alleged misconducts in defence procurement at least since the 1970s though allegations in recent years, especially those against the Sukhoi and Eurocopter deals, involved more public funds then ever.

According to a World Bank study, 15 percent of the value of defence procurements worldwide goes into some forms of corruption as it is one of the most secretive trade on earth.

Even advance democracies, with independent media and stronger parliamentary scrutiny, are susceptible to corruption in this sector due to its unique nature, it is not difficult to imagine the situations in countries with much weaker mechanism of scrutiny.

The Government usually justifies the secrecy involving defence procurement in the name of national strategic interest, but as the sum of contracts are too huge for us not to have any form of checks-and-balances, it is apt for parliament to play a role here.

I have been calling for greater parliamentary scrutiny over defence deals since being elected in March and I have submitted a motion to the Dewan Rakyat during its previous and the current sittings, calling for deals that involve a contractual value of RM 100 million and above to be subject to parliamentary scrutiny, as well as that of by the Auditor General.

My motion reads

“Bahawa Dewan ini menetapkan sebarang pembelian aset atau sistem pertahanan yang melebihi RM 100 juta oleh Kementerian Pertahanan, mesti dibahas di Parlimen dan diaudit oleh Jabatan Audit Negara mempertingkatkan integriti dan keberkesanan jangka panjang pembelian sistem pertahanan.”

It is high time that parliament plays a role in ascertaining whether there is any wrong doing in the Eurocopter deals and to be consulted on future procurement above RM100 million.

Comments

October 15th, 2008

The declaration of hindraf as an illegal organisation is another feat of a government that buries itself in the sand like an ostrich.

The realities are that, with or without Hindraf, ethnic Indians in Malaysia are unhappy that 1) their cultural and religious needs are not adequately addressed, worse still, their rights often infringed upon;

2) Our cronistic economy has marginalized the poorer strata of our society, many poor Tamils included. Though not exclusively an Indian experience - as many Malay and Chinese are in abject poverty, the suffering is real;

By kowtowing to the demand of a small section of Umno right-wing advocates and went ahead to banning hindraf, the govt is effectively giving up any possibility of endearing itself to the Indian community.

As a lossely constituted body, the banning of hindraf would not have real impact on operation of the group. It is the groundswell of sentiment that matters.