Thursday, July 31, 2008

Prime Minister will never help Anwar

Refering to a letter mail to Malaysiakini :

Therefore, I call upon the prime minister to do justice to Anwar by advising the attorney-general to put an end to this mess as the rakyat already knows that there is no concrete evidence to charge Anwar.

This matter is affecting the image of this country politically, an image which the nation’s first three prime ministers took great pains to build. The foreign investors are keeping away from the country and the stock market is down when all Asians markets are up, all because of our political uncertainty.

Reading the context above which part of the letter, we understand that the writer's concern over our political image which is devastated through out the world. The writer calls the Prime Minister which is our Pak Lah to intervene and call it off the case since there is no evidence to charge Anwar.

What do you people say? You think PM is going to do that? I think he will never since he is primier for the federal goverment and his boys( Cabinet Ministers) who is handling Anwar's case, they will try to sweep it off just like the 1998 incident. Come on, Everybody knows that Anwar pointing things out with facts wherelese the federal goverment fail to do so. The entire nation witness the debate between Anwar and Infomation Minister. Our minister ran way out of topic and bring in irrelevant facts. Plus, using the debate to attack Anwar in personal, this clearly shows typical BN attitude when they are under fire and couldnt face the fact. Anwar decides to stand in Permatang Pauh instead Bandar Bahru. Now, possibilities for Anwar being arrested in the next 48hours seems to be high. Click here (Malaysiakini Reports)

Remember, People should not be afraid of their governments. Governments should be afraid of their people.

ANILNETTO : Anyone know a sodomy specialist?


We learn something new everyday.

Today’s lesson is that a qualified, experienced GP cannot detect if a patient has been sodomised.

Apparently, if the Hospital Pusrawi folk are to be believed, that requires a sodomy specialist… err, I mean a gut specialist. This from the Malaysiakini interview:

What led the doctor TRO (to rule out) sodomy? Why?

Because Saiful mentioned that he was sodomised. Sodomy check-up has to be done by a specialist not a medical officer. You need a gut specialist. We don’t have one in Pusrawi.

At the rate we are being enlightened on this err, delicate issue, Malaysians are going to be sodomy experts in no time. Maybe we could be a world leader in sodomy medical research - you know, sort of carve out a specialist niche in sodomy detection and patient therapy. After all, it appears to have become a national obsession.

Even our political vocabulary has been transformed. Thus, for example, instead of saying that the rakyat are being squeezed or suppressed, the popular and preferred usage now is the rakyat are being “sodomised”.

Anyway, this segment of the Malaysiakini interview brings back fond memories:

You have spoken to Dr Mohamed who has confirmed that he examined Saiful and confirmed that he has signed this medical report, why is the hospital still not convinced that it is the genuine medical report? Why is it taking so long to match the copy with the original copy?

We just realised this. When? Two days ago. It is just like VK Lingam said, “It looks like me, sounds like me but it is not me”.

Anwar may be arrested 'in the next 48 hours'

Opposition leader Anwar Ibrahim may be arrested in the next 48 hours, a senior party official said today, arguing it was to stop him contesting a by-election.


anwar ibrahim and pkr speechAnwar has been accused of sodomy, which he denies, saying it is a politically motivated move to stop him challenging the government.

"We will not rule out the possibility of Anwar being arrested. And it looks like they are planning to charge him by Monday," Tian Chua, PKR's information chief, told AFP.

"They may arrest him in the next 48 hours. It is aimed to prevent him from contesting in a by-election," he added.

Anwar today announced that he will fight a by-election in his former seat of Permatang Pauh.

At a press conference this afternoon, his wife Dr Wan Azizah Wan Ismail said she had resigned as the Permatang Pauh parliamentary to pave the way for Anwar to make a political comeback.

Not deterred by sodomy claims

The PKR de facto leader has vowed to form a new government despite the sodomy allegation hanging over him.

"There are thousands of criminal cases not properly investigated. Why pursue this with zeal and in an unjust way? Is it because I will participate in a by-election?" Anwar told reporters.

"You want me to withdraw? No. I will continue to pursue the change. Let's see if they want to charge me," he said after being interviewed by Islamic syariah enforcement officials over the allegations.

Anwar has said the claims of a young male aide, a repeat of charges that saw him jailed a decade ago before being overturned, have been fabricated to block his plans to topple the coalition that has ruled Malaysia for half a century.

He has demanded that police stop the investigation and called the aide, 23-year-old Mohamad Saiful Bukhari Azlan, an "outright liar" who was working with others in power to frame him.

Cops wrap up sodomy probe, up to AG to act

Source : Malaysiakini

Police investigations into the sodomy complaint against Anwar Ibrahim have been completed and the papers are now with the Attorney-General's Chambers for further action.


This was revealed by Home Minister Syed Hamid Albar today.

It is up to the AG Chambers now to determine if a criminal charge should be moved against the PKR leader.

The police investigated Anwar after his former aide Mohd Saiful Bukhari Azlan claimed that the opposition stalwart had sodomised him.

Anwar to contest Permatang Pauh

Source : Malaysiakini

Anwar Ibrahim announced today that he will contest a by-election for the Permatang Pauh parliamentary seat which will be vacated by his wife and PKR leader Dr Wan Azizah Wan Ismail.


Wan Azizah told a packed press conference this afternoon that she will be resigning as member of parliament for the seat but will retain her post as PKR president.

permatang pauh election results 310708"I have submitted my resignation letter to the House speaker today," she said.

Wan Azizah said the people in Permatang Pauh have a special affinity for Anwar, who was their elected representative prior to his sacking as deputy premier and arrest a decade ago.

Meanwhile, Anwar said that other party leaders offered their seats to him but he preferred Permatang Pauh.

Among those who offered their seats, he said, were Selangor Menteri Besar Khalid Ibrahim (Bandar Tun Razak) and party vice- president Azmin Ali (Gombak).

"After discussing with party leaders, I have decided to go for Permatang Pauh," he added.

Anwar said he has relayed his decision to PAS president Abdul Hadi Awang who has given his full support.

The opposition stalwart - who is seeking to make a parliamentary comeback after a 10-year absence - has been shopping for a seat to contest after the expiry of a five-year ban from active politics.

The Election Commission will be required to call a by-election within 60 days.

Permatang Pauh was held by Anwar for 17 years since he joined Umno in 1982.

Wan Azizah took over as MP for the seat after her husband was sacked and subsequently jailed on charges of corruption and sodomy.

In the 2008 general election, she won the seat for a third term with a majority of 13,388 after defeating Umno's Pirdaus Ismail.

Anwar had earlier said that he would contest in the Kulim-Bandar Baharu seat if a court orders a by-election.

The High Court is to hear a challenge on Aug 19 asking it to invalidate the result in the seat that was won by PKR in the March 8 polls.

However, uncertainty over possible delays in the court decision was a key factor in Anwar opting for Permatang Pauh instead.

In an immediate reaction, former prime minister Dr Mahathir Mohamad, speaking at a different press conference, said: "A loving wife would no nothing better".

Tuesday, July 29, 2008

Anwar: It confirms plot to frame me

Source: Malaysiakini

PKR leader Anwar Ibrahim today said that the leaked medical report of Mohd Saiful Bukhari Azlan confirmed that the sodomy allegation made against him was baseless and politically motivated.


anwar ibrahim saiful bukhari sodomy allegation medical report pc 290708 03Over 40 minutes, he told a packed press conference at the party's headquarters in Petaling Jaya this morning that the Hospital Pusrawi (Pusat Rawatan Islam) medical report on Saiful proved that his 23-year-old ex-aide was an "outright liar".

"The hospital report leaked yesterday confirms our contention that the allegations levelled against me are baseless and politically motivated and that the complainant is an outright liar working hand in glove with those in power to assassinate my character," claimed Anwar.

"This report makes a mockery of the so-called ‘impartial police investigations' and clearly shows the dubious but persistent attempts to incriminate me by whatever means employable," he added.

‘A case where none exists'

The opposition supremo - accompanied by lawyers and PKR leaders - also questioned why the police overlooked the medical report during its month-long investigation.

"The failure of the police to disclose this medical report all but confirms their intention to frame me," he said, adding that his refusal to submit a new DNA sample has been "vindicated" with the discovery.

"Although quite apparent even before yesterday, their desperate attempt to collect a new DNA sample is now even more clearly a last ditch effort to build a case where none exists," argued the PKR leader.

"From the beginning the police were aware of the report. How (did they) proceed with this case? (By) insisting that I was stripped naked (for examination), ambushed and arrested me, kept me for the whole night in the lock-up - when they are privy to this critical piece of information?"

With the revelation, Anwar urged the police to stop its investigation on the matter and hand over the investigation paper to the Attorney-General's Chambers to wrap up the case.

"With this evidence, it's the end (of the case)," he said, adding that he has more important things to tend to, such as taking part in a by-election that might send him back to Parliament.

Leaked report is 'authentic'

The PKR leader was also asked why Saiful would visit a doctor who subsequently negated the sodomy claim if it was a carefully plotted conspiracy - as alleged by Anwar - by his political rivals.

"You should ask (Saiful)... It's a conspiracy that is not very intelligently hatched," he quipped.

A leaked medical report revealed that a thorough medical examination on 23-year-old Saiful found no evidence of sodomy four hours prior to the lodging of a police report against Anwar on June 28.

He was examined by Dr Mohamed Osman Abdul Hamid, the medical officer on duty at Hospital Pusrawi.

Anwar said he was convinced that the medical report was authentic and that he has also sought other doctors' view on the matter.

"So far nobody has challenged that. From the Malaysiakini report as you have seen yesterday, (Hospital) Pusrawi took back the report saying that ‘it's ours', they have never denied (the report)," the opposition leader pointed out.

anwar ibrahim saiful bukhari sodomy allegation medical report pc 290708 04Anwar's lawyer, Sulaiman Abdullah (photo, far right) who was present at the press conference, described the police's immediate reaction to the medical report's release yesterday as "interesting" given that they did not questioned its authenticity.

"They merely talked about (how the report is a) sabotage to the police investigation, they have not alleged that the report has been fabricated," said the veteran lawyer.

Ensure that the doctor is safe

Anwar also expressed his concern for doctor Mohamed Osman, whose whereabouts are unknown at the moment as he has taken leave since last week.

He called on the authorities to ensure the doctor's safety and security. Anwar however denied knowing Mohamed Osman personally or having met him before, as he only came across the doctor's name for the first time when he read the medical report yesterday.

With the latest development, Anwar described that he and his family "breathed a deep sigh of relief" and "felt a great burden lifted from our shoulders".

"My family and I have endured a great deal during the last month. Our fears of a repeat of the trauma and abuse inflicted upon us in 1998 were bearable only with the tremendous outpouring of support from our friends in Malaysian and throughout the world," he said.

anwar ibrahim saiful bukhari sodomy allegation medical report pc 290708 05Among those present today included Anwar's wife and PKR president Dr Wan Azizah Wan Ismail, PKR leaders Syed Husin Ali, Azmin Ali and Saifuddin Nasution Ismail, PAS leaders Kamaruddin Jaafar and Dr Hatta Ramli.

R Sivarasa and Sankara Nair - two other lawyers representing Anwar - also showed up.

Watch 9-min video of Anwar's press conference

Health DG: Ministry will stick by HKL's findings

Source : Malaysiakini

The Health Ministry stands by the findings of the medical examination conducted on Mohd Saiful Bukhari Azlan by doctors at the Hospital Kuala Lumpur.


mohd ismail merican 01The Star quoted ministry director-general Dr Mohd Ismail Merican as saying this in response to the latest twist in the sodomy allegation against opposition stalwart Anwar Ibrahim.

Yesterday, Malaysiakini reported that Saiful, 23, was first examined by a Burmese doctor at Hospital Pusrawi in Kuala Lumpur several hours before he lodged a police report claiming that Anwar sodomised him.

In his report which was obtained by Malaysiakini, the doctor stated that he found no evidence of sodomy.

However, the police responded by stating that the news reports on this matter were aimed at sabotaging their investigations and confuse the public.

Police not dilly-dallying

Meanwhile, Deputy Inspector-General of Police Ismail Omar said the police have not dilly-dallied in investigating the case since it was reported by Saiful a month ago.

He said the police had been relentlessly seeking relevant and the latest information, besides giving the case priority as it was a high-profile case.

anwar ibrahim and saiful bukhari azlan"We want to solve this case as soon as possible. The investigating officer is constantly looking for new leads.

"We are doing our best and we need the cooperation of all quarters concerned," he told Bernama.

Ismail was asked to comment on Home Minister Syed Hamid Albar's statement on Monday, asking for the police to speed up the investigations into the matter.

He said since the police investigations began, some quarters had been making speculations and statements that could interfere with the investigations.

"I wish to warn everyone, including bloggers, not to disturb police investigations by disseminating material or information that is inaccurate or false.

"Action will be taken against those who deliberately try to interfere with the investigations. Let the police do a meticulous job," he added.

Saiful's uncle rubbishes leaked medical report

A close relative of Mohd Saiful Bukhari Azlan echoed police sentiments today, rubbishing claims that his nephew had not been sodomised.


Responding to a leaked medical report from Hospital Pusrawi (Pusat Perubatan Islam) yesterday, the uncle - known only as Uncle Pet - said the new revelations were aimed at diverting public attention away from the alleged crime.

saiful bukhari uncle pet interview 290708 03While he conceded that Saiful had initially gone to Pusrawi before heading to Hospital Kuala Lumpur, he dismissed the initial findings, saying that Pusrawi "did not have a forensic department" of its own.

"Before HKL, he went to Pusrawi lah," said Pat. "But Pusrawi cannot do the forensics. Anyway those were just notes (referring to the medical report) and not a report.

"Then, he (the doctor) suggested that we go to HKL for a proper report," he added.

"The Pusrawi doctor (Dr Mohamed Osman Abdul Hamid) only did a short check-up, so how could he decide it was not sodomy?"

Pet was equally unconvinced with the way the Pusrawi report concluded that his nephew had not been sodomised.

"That is just bull****. They just want to exaggerate the story and divert attention. The important thing is Anwar (Ibrahim) is doing that thing and it's happened.

"We invited him (Anwar) to swear on the Quran and he twisted things around. We as Muslims should be brave because it's the truth and be afraid if we are guilty," said Pet.

Angry with the other Pet

Pet, who declined to give his real name, turned angry at this juncture, pointing to the lies alluded to him on a blog.

"One more thing, for Raja Petra (Kamaruddin) if he hears this. I want to see him," said Pet.

"Have you read what Petra wrote about me in his blog?" he questioned. "He has attacked me personally, saying that I sodomised my nephew.

"I think he wants to provoke me."

saiful bukhari uncle pet interview 290708 04The 20-something youth then challenged the Malaysia Today editor to see him personally.

"Pilih apa gelangang yang you mahu (Choose wherever you want). He called me an auntie and so on and so forth. Come and see me if he wants to know me better. Because I want to see him too," said Pet.

Controversial but popular blogger Raja Petra, in a posting dated July 26, reasoned that Anwar may have been released on police bail because the semen sample found on Saiful belonged to his uncle.

The article entitled 'The Malay unity sodomy conspiracy', also alleged that Pet had raised Saiful and questioned his manhood, calling him an uncle "who looks and acts like his auntie".

Watch the 4-min video of interview with Uncle Pet

'Regrettable' but leaked report valid: Lawyer

Source: Malaysiakini


the leak of sodomy complainant Mohd Saiful Bukhari Azlan’s medical report is ‘regrettable’, the report’s contents are admissible evidence in court regardless of how they were exposed, said a senior counsel today.

"The courts have always taken the position that evidence that is relevant is admissible even though it has been wrongly exposed," Sulaiman Abdullah, one of the lawyers representing PKR leader Anwar Ibrahim told reporters in Petaling Jaya.

"The situation now is that everybody knows about this medical report and while an invasion of doctor-patient confidentiality has occurred, it’s regrettable, but you cannot run away from the fact that it’s now very clear that there is no sodomy involved," he stressed.

"That is what the police are investigating and that is what the police should concentrate on," Sulaiman, who was present at a press conference called by Anwar today, added.

anwar ibrahim saiful bukhari sodomy allegation  medical report pc 290708 lawyersThe former Bar Council president (centre) was asked to comment on concerns expressed over the infringement of patient-doctor privacy with the leak of the medical report on Saiful.

Copies of the two-page medical report, which had been circulated on the Internet, were distributed to the media at the press conference today with the medical terminology explained in layman’s terms.

The report outlined the results of a thorough medical examination on Saiful which found no indication he had been sodomised four hours before he lodged a police report against Anwar alleging the same on June 28.

Saiful was examined by Dr Mohamed Osman Abdul Hamid, the medical officer on duty at Hospital Pusrawi in Kuala Lumpur at the time.

An internal inquiry by the hospital is underway to determine how the medical report was leaked.

Twenty-three year old Saiful is claiming that his ex-boss Anwar had sodomised him two days before he went to the police. The police are investigating Anwar on this matter.

‘Do what is right and just’

Sulaiman saluted Mohamed Osman whom he described as a ‘brave doctor’.

"We salute the brave doctor involved who has been put under tremendous pressure - according to reports - to falsify (the medical) document with fictitious facts.

"He has stood firmly by his professional ethics and religious obligations to speak the truth," said the lawyer.

anwar ibrahim saiful bukhari sodomy allegation medical report pc 290708 05Sulaiman reminded the authorities not to target the messenger, but to focus on the message.

"Look at the message that is implicit in that document no matter how it surfaced in the public domain and act according to that message," he said, adding that Anwar will also pursue his qazaf complaint filed with the syariah court earlier this month.

Qazaf is a request for a inquiry based on Islamic methodology into ‘false allegations’ pertaining to adultery or sexual misconduct.

At the press conference, Anwar (above, third from right) also commended Mohamed Osman’s courage in standing firm as well as the whistle-blower who leaked the report.

"I will appeal to many others, doctors in particular, to do what is right and just," said Anwar.

Sodomy probe: 7 MCA branches demand answers

Source : Malaysiakini

Seven MCA branches have questioned the integrity of the sodomy allegation against opposition stalwart Anwar Ibrahim as well as the police investigation into the matter.


The branches under the Petaling Jaya Utara parliamentary constituency aired their concern in response to the latest twist to the case, a day after a medical report was leaked to the media.

anwar ibrahim and saiful bukhari azlan"We, being members of seven branches of MCA PJ Utara representing more than 1,000 members of MCA, wish to do our civic duty," read the two-page statement inked by MCA SS2 Town Centre branch chairperson Lee Chong Beng.

"We note that MCA cannot remain silent anymore, lest we be accused (if not already accused) of being accomplices to diabolical conspiracies."

Yesterday, Malaysiakini reported that Anwar's accuser Mohd Saiful Bukhari Azlan had visited the Pusrawi Hospital in Kuala Lumpur prior to lodging his police report against the PKR leader on June 28.

A Burmese doctor who had examined Saiful at the hospital had stated in his report that he found no evidence of sodomy.

Lee said several members of the MCA branches had checked with medical experts to verify the medical report.

"Three doctors that we checked with stated that the comments (in the leaked medical report) meant that the results of the alleged sodomy is ‘negative’.

"They also confirmed that a doctor can never change a medical report," he added.

Reveal the evidence

In view of this, the branches wanted answers from the hospital as well as the authorities to set the record straight.

"We call on the police, the attorney-general, the MCA top leadership and the Umno top leadership to immediately reveal in full all the evidence against Anwar and stop withholding vital evidence, and decide to charge or not charge him."

ismail omar police deputy igpThe branches also took deputy inspector-general of police (DIGP) Ismail Omar to task for stating that media reports on the doctor’s findings were aimed at confusing the people.

"Such statements by the DIGP only serve to further the perception that the police is pulling out all the stops to withhold evidence crucial to prove Anwar’s innocence while at the same time fabricate or attempt to fabricate evidence against a fellow citizen of our country."

The branches also pointed out that the Anwar saga was doing the country harm as the international community has labeled Malaysia as a country ruled by a despotic government.

"We urge the police, the attorney-general and the government to treat all our citizens fairly, with transparency, without withholding crucial evidence and with the proper application of the rule of law."

The seven branches are SS2 Town Centre, SS2, SS4, Taman Peoples Park, Gardenia Centre, Taman Mayang and Damansara Baru.

Ex-Gerakan leader: Drop the case

In a related development, former Penang Gerakan state exco Dr Toh Kin Woon also called on the government to promptly disclose the findings of the medical examination on Saiful.

toh kin woon 101007 stressing point"I call upon them to do so as quickly as possible in order to clear the air over the case but the contents of the first medical examination to be revealed must be as originally written by the doctor who conducted the investigation," he said in a statement.

Toh also said based on the Pusrawi medical report alone, Anwar "should be exonerated of this charge of having committed sodomy."

"There is no reason for any more delay as justice delayed is justice denied," he added.

DAP will back Anwar all the way to Parliament

DAP will back opposition stalwart Anwar Ibrahim all the way to Parliament, declared party secretary-general Lim Guan Eng today.


He said it was imperative for the de facto PKR leader to win a projected by-election for the Kulim-Bandar Baru parliamentary seat "because the country and Parliament needs him."

lim guan eng interview 290408 05"DAP will fully support Anwar's campaign to win the imminent by-election and earn his rightful place in the August House.

"Anwar's win is crucial for the future development of the Malaysian political and democratic system," said Lim, who is also Penang chief minister, during a press conference.

He and other DAP leaders were committed to campaign vigorously to ensure victory for the former deputy premier.

Anwar will not face any difficulty in getting backing from Lim and other DAP leaders as the Kulim-Bandar Baru parliamentary constituency in southern Kedah borders the DAP ruled Penang.

Moreover, being a Penang-born political leader, the Pakatan Rakyat premier-in-waiting would not be short of 'home' support in his duel to win the seat and re-enter Parliament to conclude a full 10-year cycle of political hiatus.

According to Lim, national politics badly needs Anwar back as a parliamentarian to take the nation to another height.

He said the country needs to move forward from the outdated racial-based BN politics to Malaysian-based multi-racial politics.

'Time to take care of everyone'

Lim said Anwar was the right political personality to lead the charge to change the political landscape to a higher level of parliamentary democracy.

He said Pakatan Rakyat does not believe in BN’s racial politics emphasising an old agenda of "a Malay leader taking care of a Malay, a Chinese leader taking care of a Chinese and an Indian leader taking care of an Indian."

"Time has arrived for everyone to take care of everyone, regardless of race, religion and colour," he said.

anwar ibrahim freed from police ipk detention pc 170708 09At a rally in the Malay-dominated industrial town of Kulim on Sunday, Anwar announced his intention to contest in the by-election if the Alor Star High Court decision on Aug 19 declared the seat vacant.

The 61-year-old firebrand opposition leader had chosen Kulim-Bandar Baru to earn his right to be a parliamentarian "because it is located close to his Penang hometown Cheruk Tokun."

PKR's Zulkifli Nordin won the 51,995-registered voters seat in the recent general election by a margin of 5,583 against BN's Abdul Aziz Sheikh Fadzir.

Kulim-Bandar Baru is a majority Malay seat, of which 69.5 percent are Malays, 18.6 percent Chinese and 11.7 percent Indians.

On another matter, Lim also took a swipe at Perak Umno liaison chief Mohd Tajol Rosli Ghazali over the offer to PAS to form a governing pact with Umno in the state.

The DAP leader described this as a "another example of BN dinosaur politics out to grab power."

Perak Menteri Besar Mohamad Nizar Jamaluddin from PAS has dismissed Tajol's offer and pledged his party would stay in the present Pakatan state government.

In the current Perak state assembly, DAP has 18 seats, PKR seven and PAS six, while Umno remains the largest single party with 27 and MCA has a solitary elected representative.

Koh urged to admit guilt over land scam

Gerakan acting president Koh Tsu Koon should act like a gentleman and show courage in accepting blame for land scams that occurred in Penang during his 18 year tenure as chief minister.


penang land scam 290708 lim guan engChief Minister Lim Guan Eng said his predecessor should emulate the example set by his former deputy by publicly admitting that he was responsible for land scams that have cost the state millions of ringgit.

"We could have used the money lost in land scams to develop top-class Wifi hotspots for Internet and other telecommunications throughout the state.

"Koh should be man enough to admit that he made blunders in land deals that cost the state government millions," Lim told journalists after launching the Penang Radio Frequency Cluster at the Penang Skills Development Centre in Bayan Lepas.

At the state assembly sitting yesterday, former deputy Chief Minister Dr Hilmi Yahaya, now Teluk Bahang assemblyperson, took the blame for a land blunder that would cost the state government some RM40 million following an out of court settlement.

Malaysiakini reported last week that the three-member investigating team, led by deputy Chief Minister I Mohammad Fairus Khairuddin, uncovered irregularities in the allocation of a 4.24ha piece of land to a private contractor for quarrying activities in the Seberang Perai Tengh district about six years ago.

The state land committee, then headed by Hilmi, had erred by approving the application when the land was under a state lease awarded to another company.

The slip-up prompted the lease-holder to initiate legal proceedings against the Penang government.

At one stage, during the out of court negotiations, the claimant is believed to have accepted a RM1.8 million compensation deal but Koh's administration apparently did not agree.

Finally on appeal, the court ordered the state to pay RM29 million plus interests of eight percent per annum, which could cost the state government some RM40 million.

DAP ‘right all along'

When contacted today, Hilmi denied any wrongdoing on his part, clarifying that he had apologised for the fiasco and not for his role, if any.

During Lim's winding-up speech at the sitting yesterday, Hilmi stood up and admitted to being guilty, prompting the Chief Minister to describe it as a coup for his ‘CAT' government which emphasises competency, accountability and transparency.

However at a press conference today, Hilmi put the blame on officials handling the case, saying they were responsible for the blunder in the land case.

Mohammad Fairus' committee was set up to investigate dubious land deals that allegedly took place between 1990 and 2008, after the DAP-led state government discovered that millions of ringgit had been siphoned off under Barisan Nasional rule.

Others in the committee are Deputy Chief Minister II Prof Dr P Ramasamy and state executive councillor Phee Boon Poh.

Even though Lim has frequently called on Koh to discuss the contentious issue of land scams, the former chief minister has remained tight-lipped.

But Lim, not letting an opportunity to criticise Koh slip by, called on him "to come out from his shell and own up for his administrative blunder".

He said land scams confirmed DAP's suspicions that "corruption, scandals and misappropriation of public funds were part and parcel of BN administration".

"We were right all along," said the DAP secretary-general and Bagan member of Parliament.

Monday, July 28, 2008

Hilmi admits RM40 million blunder


Hilmi admits RM40 million blunder
Himanshu Bhatt

GEORGE TOWN (July 28, 2008) : Former deputy chief minister Datuk Seri Dr Hilmi Yahaya today admitted responsibility in the Penang State Assembly to a land deal blunder that will cost the state government some RM40 million.

Datuk Seri Dr Hilmi Yahaya
Hilmi, the BN assemblyman for Teluk Bahang, surprised the assembly when he stood up to take responsibility for the "error" which occurred when he was the Religion, Land, Planning and Development Programmes Committee chairman from 1999 to 2004.

He said this when Chief Minister Lim Guan Eng (DAP-Air Putih) was reporting to the assembly about their findings into several land transactions that went awry because of "negligence" and poor decision making, costing total estimated losses of RM124 million to the state.

"I feel responsible because the error happened then," said Hilmi. "An error occurred and the decision was already made."

According to Lim, this particular case may bring losses worth RM40 million while losses from the other cases involving questionable land acquisitions (collectively investigated as they involved the same government officer) amounted to RM84 million.

Lim revealed in his winding-up speech that the previous administration had approved a 10.6 acres (4.3ha) plot to an individual, apparently a quarry operator.

"A plot of land as big as 10.6 acres is too large to be given only to an individual, which should not have happened," he said.

The case was brought to the courts when the state government cancelled the transfer of the land, he said. "Due to this, the state government incurred losses when the court’s decision sided with the concerned individual."

Lim said a negotiation process to settle the case out of court was held. "In the negotiation process, at one stage the concerned individual agreed to receive compensation that was far lower, which was RM1.8 million, but the previous state government did not agree."

He added the court later ordering the state to pay RM29 million (reduced from RM40 million on appeal).

With interests accruing at a rate of 8% per annum since 2004, the losses incurred from this case may touch RM40 million, Lim said.

"This is another case that has caused losses to the state government and wasted the rakyat’s money due to negligence and improper decision-making."

Lim said the other cases involved "embezzlement" in land acquisitions.

Although the acquisitions were done according to legal procedure, the state government was forced to bear RM84 million in subsequent losses, he said.

In one instance, the payment award by the land administrator was not in accordance with the amount recommended by the Valuation and Property Services

Department, Lim pointed out.

Lim said investigations are underway before appropriate action, including reports to the police and Anti-Corruption Agency (ACA), are made.

"While investigations are underway, the government officer suspected to be involved, has been transferred to another department."

He stressed that the reports must be based on evidence that is "beyond reasonable doubt".

Lim thanked Hilmi for confessing to the mistake in the quarry case and for taking responsibility.

"If you have new evidence, please raise them and we will see how we can help," he said.

Datuk Jahara Hamid (BN-Telok Ayer Tawar) stood up to ask how such cases could be prevented.

With a broad smile, Lim simply replied: "Gunakan CAT (use CAT)! Competency, accountability, transparency!"

Thugs threaten Klang MP


Thugs threaten Klang MP
by Tim Leonard

Klang MP's car damaged

KLANG (July 28, 2008) : Klang MP Charles Santiago, his wife, an aide and a firend's son were surrounded and shaken by a gang of about 20 thugs outside the Sri Muniandy Temple in Port Klang early Sunday morning.

"It was the most harrowing experience of my life and I dread to think what would have happened if not for the help of onlookers," said Santiago.

Santiago had earlier attended the temple's 25th anniversary celebration and later held a dialogue session with residents on crime prevention efforts in the area.

The session was jointly organised by Santiago, the police and the Klang Action Safety Committee.

"Many issues were raised, especially on gangsterism and the rising crime rate in Klang,” Santiago told theSun after lodging a report in the Klang police headquarters today.

"Just as we were about to leave, we were surrounded by the thugs who started intimidating us.

One of them pushed (D.) Sarah (Santiago's assistant) on her chest before jumping on my car boot. Another started kicking my car, breaking the driver’s side window and damaging the MP's crest on my car,” he said.

"Another thug threatened to kill my friend's son who started taking photos of the thugs."
Santiago said one the thugs had earlier parked a Mercedes Benz in front of the temple and blocked the road.

"I believe the attack is politically motivated because some of the thugs repeatedly shouted words in Tamil saying 'You all have taken out Datuk (Seri S.) Samy Vellu'," said Santiago.

"It's shocking that these thugs used the name of Datuk Samy Vellu in this senseless assault. The thugs fled the scene when several people who attended the dialogue rushed up to us," he added.

A Klang police spokesman confirmed the report and said the suspect had yet to be nabbed. Police are recording statements from witnesses and have classified the case as criminal intimidation.

Medical Report Shows No Sodomy

Malaysiakini reports at

Sah Tiada Liwat Dalam Laporan Perubatan

KUALA LUMPUR, 28 Julai (SK)- LAPORAN perubatan dari doktor yang memeriksa tubuh Mohd Saiful Bukhari Azlan mengesahkan tiada sebarang kesan yang menunjukkan dia diliwat. Pada 28 Jun lepas Saiful menemui Doktor Mohamed Osman Abdul Hamid dari Hospital Pusrawi mengadu dia merasa kesan sakit didubur ketika membuang air besar.

Tetapi laporan Doktor Mohamed yang dikeluarkan pada jam 2.14 petang, sebaik sahaja pemeriksaan dibuat ke atas tubuh Saiful mengesahkan tiada sebarang kesan liwat seperti yang didakwanya.

Laporan itu jelas menyatakan:

* Tiada kesan koyak pada kulit (skin tearing, zero)

* Tiada pendarahan aktif (active bleeding, zero)

* Tiada kesan nanah (traces of pus, zero)

laporan penuh boleh dibaca menerusi Suara Keadilan edisi 141 yang akan terbit esok.

First Information Report - What's There To Hide?

Article by MH Hassan

If a woman lodges an information alleging that A has raped her, then by showing or supplying A with the first information, he is given the opportunity to explain the circumstances; he may show that there was in fact no rape and the woman consented to the whole thing.

Similarly, if A is accused of murder in a first information, he may explain that he was elsewhere at the time or show circumstances that the act was an accident. Now if A did not see the information, he would not be able to vindicate himself or to meet the various particulars alleged in the first information.

The illustration is not mine, but that of Syed Othman FJ in Husdi v Public Prosecutor [1979] 2 MLJ 304.

In that case, the federal court judge, sitting in a criminal revision in the high court, expressed his view that the common law right of an accused to inspect the first information arises from the duty of the police to inform the accused the reason for his arrest, so as to enable the accused, if he so wishes, to explain his conduct as alleged in the first information, which, on the face of it, constitutes an offence.

By the way, the first information (or what is commonly known as the first information report – FIR) is otherwise known as the police report. It is a public document as defined by section 74 of the Evidence Act 1950 (EA).

Consequently, a person having a right to inspect the document must be given on demand a copy of it on payment of the prescribed fees as provided by section 76 of the EA. So, if A is the person named in the police report by the woman alleging rape, then A has a right to inspect the report.

He should be given, on request, a certified true copy of it on payment of the fees. A’s right to inspect is a right based on the common law which accrues right to a person to have access to a document in which he has an interest.

Such inspection, according to the federal court in Anthony Gomez v Ketua Polis Daerah Kuantan [1977] 2 MLJ24 recognising the common law right to inspect, is necessary for the protection of his interests.

Indeed, this right has a constitutional colour to it. According to Syed Othman FJ in Husdi, the right of an accused person to the FIR is nothing more but a consequence of his right to be informed as soon as may be of the grounds of his arrest under Article 5(3) of the Federal Constitution.

Now apart from the above, in criminal practice, the FIR is a document usually made available to a person having interest in it upon request and without much ado. As a matter of fact, in accident cases, the police do supply a certified true copy of the FIR on payment of the prescribed fees not only to the maker but also to other persons affected.

In view of the above, I find statements suggesting that a police report will not be made available to a person having interest it because he or she has not given statements to the police disturbing.

It cuts through the honest and selfless efforts by civil society at promoting public awareness of and providing public education relating to rights. Equally disturbing are statements suggesting that a police report will be made available ‘if and when’ a person is charged in court.

Section 51A of the Criminal Procedure Code (CPC) is a newly inserted provision (2006) to govern what is known in criminal procedure as ‘disclosure’ requiring each side in a criminal proceeding to reveal information and disclose documents.

Prior to 2006, the general right to disclosure of documents was governed by section 51 of the CPC, which empowers the court to issue summons or an order to produce the property or document that is necessary or desirable for a trial. The section remains in force.

Section 51 has given rise to a number of conflicting decisions on the right of the accused to inspect documents and other prosecutorial materials. Suhakam in its report ‘Forum on the right to an expeditious and fair trial’ (2005) has duly noted the inadequacies in the disclosure regime which often resulted in adjournments and therefore delays.

As part of reforms to the criminal process, section 51A was inserted into the CPC. So clearly, section 51A of the CPC cannot be relied upon to deny a person his common law right to inspect a document in which he has an interest.

On a parting note, I find the following excerpts from the judgment of Syed Othman FJ in Husdi enlightening:

‘[S]upplying the arrested person with the first information has all the advantages to everyone concerned. It gives the accused person the first opportunity to explain. If his explanation is satisfactory, it may shorten investigation and cut down public expense.

‘Even if it is unsatisfactory, it will give the police officer better leads in his investigation.’

But if common sense does not prevail, perhaps the person making the FIR should voluntarily give the person or persons named in the FIR a copy of it – expenses to be paid, of course.

And may I add, ‘What is there to be afraid?’

Or should I say, ‘What is there to hide, if indeed the police report has been made?against Anwar is so lacking that DNA matching will be the main ’

Ezam willing to take on Anwar

Former PKR Youth chief Ezam Mohd Nor is prepared to contest against his former mentor Anwar Ibrahim if a by-election is called for the Kulim-Bandar Baru parliamentary seat.


ezam mohd noorHowever, Ezam conceded that his chances of winning as a Barisan Nasional (BN) candidate would be slim given the "political and economical" factors in the country at the moment.

"I will be the underdog but what is important is that I have the courage to fight him till the end," he said.

Ezam had served as Anwar’s political secretary when the PKR de facto leader was deputy prime minister prior to his unceremonious sacking in 1998.

He was also a staunch supporter of the opposition stalwart but left PKR last year and since then has been on the offensive against Anwar.

Ezam joined Umno two months ago.

Anwar woos Kulim voters

Source : Malaysiakini

"I will never surrender," thundered Anwar Ibrahim in front of a roaring crowd at the Chinese Recreation Club hall in Kulim, Kedah, last night.


It was a show of defiance by the PKR de facto leader against what he called a "blatant abuse and misuse of power to embarrass, humiliate and undermine him."

"They arrested me, they jailed me, they stripped me, they assaulted me and they falsely accused me with all types of wrongdoings.

anwar ceramah in kulim 280708 talk.jpg"No one in this world would have suffered and been humiliated like me. If I am wrong, I will put up my hands and surrender.

"If not, I will fight and continue to fight," he hammered home his trademark rant to nearly 15,000 avid supporters in and outside the hall.

The opposition leader was in this Malay-dominated industrial town to announce his intention to contest in the Kulim – Bandar Baru by-election if an imminent court decision next month declared the constituency vacant.

Since the March 8 national polls, Anwar has embarked on a non-stop campaign trail to keep the government on its toes with his trademark tirade, firebrand salvoes and threats to stage a parliamentary ‘coup-de-tat’ to usurp the federal powers from the grasp of Barisan Nasional.

anwar ceramah in kulim 280708 crowd.jpgHe confirmed he had chosen Kulim –Bandar Baru to earn his right to be a parliamentarian after a 10-year hiatus because it is located close to his Penang hometown Cheruk Tokun.

"Before today I was a bit skeptical to contest here. But upon seeing your support, I can confirm that if there is no hindrance, I will contest here," he told an approving crowd.

PKR’s Zulkifli Nordin won the seat - which has 51, 995 voters - by a margin of 5,583 against BN’s Abdul Aziz Sheikh Fadzir.

Kulim-Bandar Baru is a majority Malay seat, of which 69.5 percent are Malays, 18.6 percent Chinese and 11.7 percent Indians.

'Take the money, but vote for me'

However, Anwar reminded the constituents that the ruling elites would waste no time in executing a sustained systematic character assassination campaign to smear him.

He also alleged that his rivals would "bribe the voters with millions of ringgit" to ensure "Anwar meets his Waterloo in Kulim – Bandar Baru."

"Anwar is an American agent, Anwar’s a Chinese tool, Anwar will build Hindu temples, Anwar is a womaniser and now Anwar is after men," he cited some of the allegations against him.

"If they bribe you RM10, demand for RM60, if they give you one batik, ask for five. Take the bribe but vote me in," he said drawing laughter from the crowd.

Anwar said he had to contest an enforced by-election to re-enter into Parliament because he was denied the right to contest in the recent general election as it was held a month before he was eligible to do so.

The 61-year-old opposition stalwart said it was imperative for him to return to the August House

as his friends from Sabah and Sarawak had guaranteed full support to Pakatan Rakyat’s attempt to wrest control of federal powers so long as Anwar was a member of Parliament.

anwar ceramah in kulim 280708 hall.jpgHe said the federal government ban barring him within 5km distance from the Parliament when opposition leader Dr Wan Azizah Wan Ismail wanted to table a no-confidence vote against the premier was a clear sign that Umno leaders feared him.

"But I will defy if you challenge me. If I win, I and my Pakatan Rakyat friends will make the Parliament tremble," he roared.

Several constituents at the hall expressed confidence that Anwar could win the seat easily because "voters would surely not want to lose a superstar opposition leader."

If an unknown like Zulkifli can win by a big margin, they said, "Anwar could even win bigger."

Thus, Kulim – Bandar Baru awaits to become the destination for the Pakatan Rakyat premier-in-waiting to relaunch and resurrect his political career that could well take him to the heights of political power in Putrajaya.

No Evidence of Sodomy

Source : Malaysiakini

There is no evidence that Mohd Saiful Bukhari Azlan was sodomised, according to the doctor who examined him four hours before he lodged a police report alleging he was sexually assaulted by PKR

leader Anwar Ibrahim.

saiful bukhari azlan brickfields police station 030708It is believed that Anwar's former aide Saiful (left) went to two different hospitals on June 28 - the day he lodged the police report claiming that he was sodomised by his ex-boss.

He first went to Hospital Pusrawi (Pusat Rawatan Islam) in Jalan Tun Razak - a government-linked Islamic medical institution - at about 2pm.

According to a copy of the two-page medical report obtained by malaysiakini yesterday, Saiful went to the hospital complaining of 'tenesmus' - a medical term for difficulty and pain in passing motion.

He was examined by Dr Mohamed Osman Abdul Hamid, the medical officer on duty.

The doctor said that the patient had alleged he was assaulted by the intrusion of a piece of "plastic" in the anus.

Mohamed Osman, according to his medical report which was recorded at 2.14pm, found "zero active bleeding", "zero ulcer or pus", "zero tear and scar" in Saiful's anus.

He also stated that Saiful appeared "alert", "comfortable", "not pale" and did not show any fever symptoms.

Hospital Pusrawi 280708.jpgA senior Pusrawi official told malaysiakini this morning that the hospital had launched an internal investigation on how Saiful's medical report was leaked, which is widely considered as a major infringement of patient privacy.

When malaysiakini showed him a copy of the report, he refused to return it saying, "It's our document."

A check at the emergency unit where Mohamed Osman is attached revealed that he has taken leave since last week.

Meanwhile, Pusrawi general manager Wan Mahmood Wan Yaacob refused to comment on the matter.

Conflicting medical reports

Mohamed Osman, in his report's concluding remarks, advised Saiful to go to a government hospital so as "to rule out" assault and sodomy.

Hospital Pusrawi Emergency ward 280708.jpgAt 6pm on that day, Saiful went to Hospital Kuala Lumpur for his second medical examination. He subsequently lodged a report against Anwar at the police beat at the hospital.

According to an expert who has dealt with rape and sodomy cases, the victim must provide a second medical examination in a government hospital.

She said the court will only accept evidence from a government hospital but the first medical examination must collaborate with the second report, otherwise this could be challenged during the trial.

"From the report, the doctor had failed to find any evidence to support the patient's complaint. That was why he asked the patient to go to a government hospital to conclusively rule out assault or sodomy," said the expert who requested anonymity.

saiful bukhari azlan medical report pusrawi sodomyIt is learnt that the police have recorded statements from Mohamed Osman after Saiful lodged the report against Anwar.

The doctor was said to be under tremendous stress as a result of the police interrogation and was advised by the hospital to take leave.

Mohamed Osman, a Burmese Muslim, has 20 years of experience as a doctor. He previously worked in government hospitals before joining Pusrawi about a year ago.

Efforts by malaysiakini to contact Saiful has not been successful.

Friday, July 25, 2008

BMC : Cops says Mechanic was speeding towards us

Source : Malaysiakini

The car driven by 23-year-old mechanic Chang Jiun Haur had allegedly sped towards a group of policemen during the Bandar Mahkota Cheras fracas, according to a Federal Reserve Unit (FRU) personnel.


suhakam inquiry cheras mahkota fru shahrizanLance-corporal Shahrizan Abd Rashid (left), 25, who was at the scene on May 27 controlling the traffic, said he saw Chang’s Proton Wira speeding towards him and a group of policemen.

"I saw the car coming fast towards us and it did not seem as if the driver was going to make a u-turn. That's when I heard someone yelling 'ketepi, ketepi!' (Move aside, move aside!). So we moved to the side.

"When the car arrived near the u-turn, the driver made a sharp turn and the car stopped because there was another car in front," he told the Human Rights Commission (Suhakam) public inquiry.

'I heard two cops were hit'

cheras mahkota fru assault on car sequence 280508Following this, he said CID and FRU personnel stationed at the scene moved in and arrested Chang.

Shahrizan however did not see what transpired next as he had moved from the scene to keep watch over other vehicles and bystanders.

"I also do not know which police officers were hit (by the car). I only heard two of them were involved," he said.

Asked if he had any knowledge how fast the car was travelling, the FRU personnel replied: "I'm not sure, but the speed could definitely cause serious injuries."

Suhakam is investigating if the police had used excessive force during the incident. This is the third day of the inquiry.

On Wednesday, Chang testified that he was allegedly yanked out of his car and assaulted for no apparent reason.

The mechanic also claimed that he was trying to make a u-turn when he spotted the police blockade on the road.

According to Chang, he was driving about 20-30kmh as there were other cars in front of his Proton Wira. This is when the police personnel had allegedly mobbed his car and started kicking and hitting it with their batons.

Nine witnesses from the police force are expected to testify today.

mahkota cheras fru assault youth victim chang jiun haur 100608The inquiry panel is headed by commissioner Zaiton Othman, and includes commissioners Dr Chiam Heng Keng and Khalid Ibrahim.

Suhakam is expected to call a total of 22 witnesses in all.

Among those who were asked to testify are Malaysiakini journalists Syed Jamal Zahiid and Lee Weng Kiat and videographer Ng Kok Foong.

Terms of reference

The panel's three-point terms of reference are:

a) To inquire whether or not any law enforcement personnel, in performance of their duty to maintain law and order, had used excessive force during the incident;

b) If there was excessive use of force, whether there was any violation of human rights of any person or persons and, who were responsible for such violations, and

c) To recommend what action to be taken against those responsible for the violation of human rights.

[More to follow]

Watch 6-min video of police beating Chang

T'ganu gets PM's nod for Mercedes

Source : Malaysiakini

Controversy surrounding the Terengganu government's decision to purchase 14 Mercedes E200 Kompressors for RM3.43mil was laid to rest today following the prime minister's blessing for the new luxury cars.


Terengganu Menteri Besar Ahmad Said said that Prime Minister Abdullah Ahmad Badawi has approved the state government's use of the luxury cars in place of Proton Perdana V6 Executive cars.

Ahmad had met Abdullah yesterday after the Umno Supreme Council meeting last night.

He said that he explained to the prime minister on the need to replace the Proton executive cars and obtained Abdullah's blessings for the change.

Speaking to reporters in Kuala Terengganu today, Ahmad said he had a cordial meeting with both Abdullah and deputy prime minister Najib Abdul Razak yesterday.

"We reached a consensus on the matter during the meeting at Putra World Trade Centre. The matter has been solved," he said.

He also said that he had received support from other state leaders and ministers the use of the new luxury cars.

The state government ran into trouble after replacing the national cars, bought in 2004, with the high-end Mercedes Benzs on the ground of cost cutting.

The state government said that it was spending too much money in maintaining the Proton Perdanas.

The new official vehicles were started to be used yesterday, on the same day when the cabinet said it was against such a move, especially when there was a government directive for all civil servants to use local cars.

At the same time, the Anti-Corruption Agency too has started probing into the claims of high costs of maintaining the 16 Proton Perdana executive cars.

ACA officers had visited the Terengganu state secretariat yesterday to question several officials.

Ahmad also welcomed the ACA probe into the matter.

T'ganu gets PM's nod for Mercedes

Source : Malaysiakini

Controversy surrounding the Terengganu government's decision to purchase 14 Mercedes E200 Kompressors for RM3.43mil was laid to rest today following the prime minister's blessing for the new luxury cars.


Terengganu Menteri Besar Ahmad Said said that Prime Minister Abdullah Ahmad Badawi has approved the state government's use of the luxury cars in place of Proton Perdana V6 Executive cars.

Ahmad had met Abdullah yesterday after the Umno Supreme Council meeting last night.

He said that he explained to the prime minister on the need to replace the Proton executive cars and obtained Abdullah's blessings for the change.

Speaking to reporters in Kuala Terengganu today, Ahmad said he had a cordial meeting with both Abdullah and deputy prime minister Najib Abdul Razak yesterday.

"We reached a consensus on the matter during the meeting at Putra World Trade Centre. The matter has been solved," he said.

He also said that he had received support from other state leaders and ministers the use of the new luxury cars.

The state government ran into trouble after replacing the national cars, bought in 2004, with the high-end Mercedes Benzs on the ground of cost cutting.

The state government said that it was spending too much money in maintaining the Proton Perdanas.

The new official vehicles were started to be used yesterday, on the same day when the cabinet said it was against such a move, especially when there was a government directive for all civil servants to use local cars.

At the same time, the Anti-Corruption Agency too has started probing into the claims of high costs of maintaining the 16 Proton Perdana executive cars.

ACA officers had visited the Terengganu state secretariat yesterday to question several officials.

Ahmad also welcomed the ACA probe into the matter.