Little Nurin Laid to Rest

FAREWELL, MY LITTLE ANGEL

You are now in God's Loving Arms.
You Rest in Peace


Nurin Jazlin Jazimin

And we will find those bad people who hurt you !!!

Final rites: Sept 21, 2007. Imam Mohd Aziz Elias leading prayers
at Nurin's funeral at the Taman Ibu Kota Muslim cemetry.
(Photo courtesy of Star Online)

Tears flowed freely as hundreds of people who turned up at the Taman Ibu Kota Muslim cemetery here to bid their final farewell to eight-year-old Nurin Jazlin Jazimin.

Nurin, a Standard Two pupil of SK Desa Setapak, went missing on Aug 20 after she went to a night market near her home alone.

She was last seen being dragged into a white van by a man.

On Monday, a book distribution company employee found a sportsbag under a flight of stairs in a row of shophs in PJS1/48, Petaling Utama, and brought it into the shop thinking that it belonged to her boss.

Her boss later opened the bag and found the naked body of a girl. Police found bruises on her neck, suggesting strangulation and signs of sexual assault.

The Malaysian Bar Council Should NOT Be Weak-Kneed To Stem the Rot in the Judiciary

Read here in Malaysiakini and ALIRAN

Read here relate article "Chief Justice Ahmad Fairuz's Role in Triggering the Constitutional Crisis with the Council of Malay Rulers" .

Other related articles, Read HERE and HERE and HERE and HERE

Malaysian Unplug says:

"The Legal Profession has a moral responsibility to the nation to ensure that the sanctity of the Judiciary is not violated in any form and manner by those in power or otherwise".

Quote:

"..... ALIRAN calls upon the Bar Council to SAVE the Judiciary.

The Bar Council should adopt a resolution calling for the boycott of the courts until such time when an Independent Commission of Inquiry is set up comprising individuals of impeccable integrity.

We call upon the Bar Council to undertake this great task in the national interest and as a matter of patriotic duty.

Aliran has no doubt that the Bar will rise up to this occasion and set an example for the rest of the country to follow so that sanity, democracy and decency will be restored to our national life. ..."
- Aliran

"... It would be a farce if all that we (lawyers) do is to just talk and discuss about this matter along the corridors of the court, the ‘warung kopi’ and in meetings and not take any serious action.

It is sad if the Bar Council doesn't take the lead in this matter.

Don't let someone else fight for our cause. We have to stand up and fight for it ourselves. .."
-Amer Hamzah Arshad

Statement by ALIRAN (Read here for more)

" ALIRAN calls upon the Bar Council to save the judiciary.

It is only the Bar Council that can do this. The Council and its members are well placed to play this role effectively and successfully. No one else can purge and cleanse the judiciary.

We call upon the Bar Council to undertake this great task in the national interest and as a matter of patriotic duty.

The Bar Council should call for an Extraordinary General Meeting and adopt a resolution calling for the boycott of the courts until such time when an Independent Commission of Inquiry is set up comprising individuals of impeccable integrity.

The resolution should further direct the members of the Bar Council to shun all those judges who are deemed to have leap-frogged over more senior and deserving serving judges.

It is abundantly clear and established beyond any shadow of doubt – as can be seen through the Lingam tapes - that the promotion and appointment of judges are based on political manipulation and sinister manoeuvring by unscrupulous parties to secure their power base. They have sacrificed justice and have made a mockery of a hallowed institution that was meant to uphold justice and fairness.

This is one occasion which makes it possible to reform and rejuvenate the judiciary and deliver it from the doldrums it has been forced into by unscrupulous and unethical persons garbed in judicial robes.

Uncouth lawyers with their political connections and close associations with discredited judges have tainted the fair name of justice and have brought shame and disrepute to the judiciary.

It is with pride that Aliran remembers members of the Bar in the mould of Raja Aziz Addruse who refused to appear before the Supreme Court presided by Tun Hamid Omar on a matter of principle following the executive assault on the judiciary in 1988.

Hamid played an active role in the dismissal of Tun Salleh Abas and the sacking of Tan Sri Wan Suleiman and Datuk George Seah - the three innocent victims of a political plot. He was shunned like a leper.

That’s the way to treat all the co-plotters who have ruined the judiciary.

Aliran has no doubt that the Bar will rise up to this occasion and set an example for the rest of the country to follow so that sanity, democracy and decency will be restored to our national life."

Commentary

by Amer Hamzah Arshad

Excerpts: Read here for more

The present issue which we are facing is something that is so serious which warrants some form of immediate and effective action to send a strong message to the public and the world at large.

This begs the question of what else we lawyers can do?

1. Peaceful Demonstration

I, for one, would call upon the members of the Bar to rally together and have a peaceful demonstration at the Palace of Justice and submit a memo to the Chief Justice of Malaya and the Chief Justice of Sabah and Sarawak calling upon them to investigate this matter.

2. Memo to the Agong

We should also march to the Istana Negara and submit a memo to the Yang Di Pertuan Agong and the Malay Rulers calling for a royal commission to investigate this matter.

I know that there may be some lawyers who have reservations about having a peaceful demonstration.

But my question to them is - do we want to have a deathbed regret?

Let's not have 'what if' thoughts when we are on our deathbeds, wondering if there was something else that we could have done other than merely attending the EGM and issuing statement and comments.

It would be a farce if all that we do is to just talk and discuss about this matter along the corridors of the court, the ‘warung kopi’ and in meetings and not take any serious action.

We can joke and laugh about the video and treat it like another episode of the VK Lingam chronicles. We have had these kind of debates numerous times.

We condemn, and we criticise and then we go back to the comfort of our beds and sleep.

Lawyers are good when it comes to preaching about democracy and the right to peaceful assembly. In fact, some of us are willing to even take up a test case for that right.

But why are we so reluctant to have peaceful demonstrations to protest against such travesty ourselves?

It is sad if the Bar Council doesn't take the lead in this matter. Don't let someone else fight for our cause. We have to stand up and fight for it ourselves.

It's either we keep our mouth shut or do something about it (and by doing something I don't mean merely having an EGM or issuing statements).

We have to take action and the time is NOW.

Chief Justice Ahmad Fairuz's Role in Triggering the Constitutional Crisis with the Council of Malay Rulers

From Malaysia-Today

by

Raja Petra Kamarudin

UPDATE:

Prime Minister Badawi's Response to the "Judgment Fixing Scandal" Video Clip

"... This issue is important as it has caused a lot of damage to the country's judiciary system.

The video was released with the aim of getting the people angry with the country's judiciary system.

If the evidence show what transpired in the video was not the truth, action should be taken against those who released the video, as well as all those who lodged ACA reports. I am disappointed. "

Asked whether a special commission would be set up to investigate the case, he said:

"There is NO need for one." Read here for more

Quote:

"... It is an open secret that the Prime Minister wanted a TWO YEAR extension to (Chief Justice Ahmad) Fairuz’s contract. But this was rejected by the Agong and his brother Rulers.

As a temporary arrangement, the PM asked the Agong to appoint (Chief Justice Ahmad)Fairuz on a THREE-MONTH contract. The Agong is still holding back his agreement on this matter.

This whole affair, yet again, shows the Prime Minister’s duplicity.

Instead of doing what the people want, the Prime Minister is still trying to keep the rot afloat by working with (Chief Justice Ahmad) Fairuz.

It is a shame that today our (Malay) Rulers have to step in to defend the Constitution and rebuild our much-battered institutions. .."
-Raja Petra Kamarudin

Excerpts: Read here for more

".... Recently, the government openly declared that Malaysia is not on the verge of another Constitutional Crisis, 20 years after the first two.

Actually this is NOT true.

Malaysia is ALREADY embroiled in a Constitution Crisis.

But those who walk in the corridors of power are trying to hide this fact from us.

The following is self-explanatory and demonstrates what I am trying to say:

Two names, Nik Hashim and Hashim Yusof, were given by the CJ (Ahmad Fairuz) , both whom are ‘kaki bodek’, as possible candidates to replace him.

BOTH these candidates were REJECTED by the (Council of ) Rulers.

After their elimination, as a consolation, they (Nik Hashim and Hashim Yusof) were promoted to the Appeals Court.

Since the Rulers had rejected Nik Hashim and Hashim Yusof, the next in line would be Justice Dato Abdul Hamid Mohamed and Justice Dato Alauddin Mohd. Sherif.

But the CJ does NOT favour these two because they are independent-minded, apolitical and well-known for their integrity.

The CJ bypassed these two on the pretext that both are close to retirement in a year or two.

On the Rulers’ insistence, the PM and the CJ had no choice but to accept Justice Hamid as President of the Court of Appeal and Justice Alauddin as the Chief Justice of Malaya. Both of them were appointed by the Agong on 5 September 2007.

On the same day of the above two appointments, a senior lawyer from the private sector, Tan Sri Zaki Tun Azmi, 62 years old, became the first person to be directly-appointed to the Federal Court.

He is UMNO’s Legal Adviser and a member of its Disciplinary Committee plus is Fairuz’s ‘kaki’ from the Kedah days.

His leaving a lucrative private sector practice where he was making millions a month in legal fees -- repeat, millions a month -- raises questions in the minds of the members of the bench, the chattering class, and some important MPs on both sides of the political aisle.

The speculation is that he could probably succeed Fairuz as CJ.

It is an open secret that the Prime Minister wanted a two year extension to Fairuz’s contract.
But this was rejected by the Agong and his brother Rulers.

As a temporary arrangement, the PM asked the Agong to appoint Fairuz on a three-month contract. The Agong is still holding back his agreement on this matter.

This whole affair, yet again, shows the PM’s duplicity. Here is a God-given chance to do something about our Judiciary, which has been systematically destroyed over the last 25 years.
Instead of doing something about it, which is what the people want, the PM is still trying to keep the rot afloat by working with Fairuz.

It is a shame that today our Rulers have to step in to defend the Constitution and rebuild our much-battered institutions.

It is also a sad reflection of our UMNO-led governance. You have to expose this and do not worry about the authenticity of the information as my information is from impeccable sources.

You will be doing Malaysians a great public service by exposing this latest Constitutional Crisis.

Judgment Fixing Scandal: The Farcical and Irresponsible Reaction of Attorney General Abdul Gani Patail

Read here on LimKitSiang Blog

Read earlier articles posted HERE and HERE and HERE

New Straits Times reported:

Tan Sri Abdul Gani Patail, however, said he was " getting FURTHER opinion on the matter and studying OTHER information in the video clip".

Gani said the lawyer was in a monologue over his mobile phone and it was unclear who he was talking to. "There is no clear reference that he was talking to a top judicial officer," he said.

EXCERPTS: MP Lim Kit Siang writes in his blog :

The comments by the Attorney-General Tan Sri Abdul Gani Patail that “no criminal offence appears to have been committed” in the Lingam Tape and that senior lawyer V.K.Lingam “was in a monologue over his mobile phone and it was unclear who he was talking to” were most outrageous and raise important questions, viz:

• his understanding of and commitment to judicial independence, integrity and accountability; and

• his fitness to continue as Attorney-General.

Attorney-General Tan Sri Abdul Gani Patail

How can the chief legal officer of the government try to minimize the gravity of the judicial misconduct exposed by the Lingam Tape and shirk off his responsibility by claiming that Lingam was in a monologue as “There is no clear reference that he was talking to a top judicial officer”, when Anwar Ibrahim’s allegation that Lingam was talking to Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim sometime in 2002 when he was Chief Judge of Malaya was corroborated by the contents of the conversation?

Forty-eight hours have passed and neither Ahmad Fairuz nor Lingam had denied that there was such a telephone conversation between them, which would be the first reaction of anyone to a doctored video clip.

Ahmad Fairuz was contacted the same afternoon of Wednesday when Anwar made public the video recording, but his personal assistant relayed the message that the Chief Justice wanted to have a look at the video before saying anything.

But Ahmad Fairuz had been in ex communicado in the past two days, although he would have no difficulty in accessing it on the Internet, as it was put up on Malaysiakini almost instantly the same day (recording over 4,000 hits since), as well as on many blogs and the Bar Council website. One Youtube site which uploaded the clip registered 23,150 hits in one day.

It is also most noteworthy that Gani had NOT challenged the authenticity of the video recording of the telephone conversation.

What is mind-boggling is that the Attorney-General should be so complacent as to find nothing improper or offensive in it and cannot see the grave judicial misconduct crying out for attention and which have plunged the country into the latest chapter of a long catalogue of crisis of confidence in the judiciary in the past two decades since the 1988 Judicial Onslaught.

If the Attorney-General assumes the stance that no criminal offence is disclosed in the Lingam Tape and that it was only a monologue of Lingam , how can Malaysians expect the Prime Minister to get proper and quality legal advice from the chief legal officer of the government on what he should do for the good of the country and future generations?

The country (is) getting a double whammy with another value-added scandal of an Attorney-General who refuses to see or lift his finger to save the country from the latest crisis of confidence in the judiciary in the country?

COMMENTARY:

MUST READ !!! From Lawyer Manjeet Singh Dhillon. Read here for more

".. ...On reflection it has dawned that the AG has actually missed the point - why am I not surprised - of the revelations.

No one - and least of all me [I know better don't I, AG?] - expected you to rush off and prosecute anyone.

A first year law student would be aware of the burden of proof and all the other crud thrown out that warrants a criminal prosecution.

No, Mr. AG, it is more than that - it is what is insidiously displayed as being done in that clip - the manipulations, favour-granting, power-grabbing fixing up of things.

It is the systematic dismantling of established institutions that ensure the well-being, progress and stability of a nation - OURS!

Did you miss all that?

The nation has a psyche, in case you did not know.

Did you actually direct your DPPs to look for offences in that clip?

I could have given you an answer in 5 seconds - time it takes to utter one word.

But then you wouldn't ask me, would you?

No, Mr. AG, look at the Bigger picture. THE BIGGER PICTURE! [See I am shouting!]

Look at the circumstances prevailing in Malaysia since the Salleh Abas fiasco [ok, that was before your time], look at what has happened since - the VK Lingham holiday abroad, link it to the personalities, run the tape forward, look at the State of Denmark, dig deeper, ask, inquire, ruminate, reflect, consider the separation of powers, the independence of the judiciary, the role that you, we, all have to play.

Is it the tree for the woods or the wood for the trees - see the drift of my posting? - or have I as usual run ahead of you?

The clip, Mr. AG, showed s*** hitting the ceiling fan. And that is not good.

Splattered s*** gets everywhere and covers the good, bad and ugly equally.

Do I need more parables, allegories, fables to illustrate the point, the drift of where we are going, what is happening to us, as a people and a nation. Or we all so blase, so satiated, so disgusted, so disappointed, so disillusioned that nothing bothers us anymore.

Do we, must we, all wait for the crud to dry and fall off?

After all smells, even that of a corpse, dissipate over time.

Haven't you, Mr. AG, missed the point of it all?

But then. Mr. AG. you are getting a further opinion. And that is good.

Perhaps you will post it on the forum for us to read and review - like this clip.

And why am I not surprised!!

The Prime Minister MUST Invoke Article 125 of the Constitution to Suspend Chief Justice Ahmad Fairuz or Asked to Resign

Read Here in Malaysiakini and in LimKitSiang Blog

UPDATE:

Two former Transparency International Malaysia presidents Param Cumaraswamy and Tunku Abdul Aziz Ibrahim lodged the report after meeting ACA deputy director Abu Kassim Mohamed yesterday against Chief Justice Ahmad Fairuz Sheikh Abdul Halim over allegations of corruption and professional misconduct found in a poison pen letter.

Malaysiakini got hold of the three-page poison pen letter which detailed various allegations of extravagant claims, favouritism, abuse of power, corruption and judgment fixing by Ahmad Fairuz. Laden with typos, the letter written in English, also alleged professional misconduct by other judges currently sitting on the bench. Read here for more.

Parti Keadilan Rakyat (PKR) will seek an audience with the Conference of Rulers as soon as possible over the videotape of a prominent lawyer who was allegedly seen and heard to be brokering the appointment of judges.

“The Rulers have a constitutional role to play in the appointment of judges,” PKR president Datin Seri Dr Wan Azizah Wan Ismail told a press conference here yesterday. Read here for more

Quote:

"...And this from the man who advised recently elevated Muslim judges to remember to do their duty according to Islam!

Who only recently spoke of abolishing Common Law and replacing it with Islamic law!

The Qur’an has a specific description for one who says one thing but does quite the opposite...."
-Haris Ibrahim in "People's Parliament"

Excerpts: Read here and here for more

In a letter to Prime Minister Abdullah Ahmad Badawi today, MP Lim Kit Siang called for Ahmad Fairuz Sheikh Abdul Halim to be suspended and for a (Judicial ) Tribunal to investigate the judicial misconduct highlighted by the grainy eight-minute video.

Lim said Ahmad Fairuz should be suspended under Article 125 of the Constitution, which allows the removal of a Federal Court judge in the case of an ethical breach.

The law also allows the king to appoint a tribunal, and on recommendation of the tribunal, to remove the judge from office. Read here for more


The following was posted by MP Lim Kit Siang on his blog :

"...I have written to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi asking him to invoke Article 125 of the Constitution to suspend Tun Ahmad Fairuz Sheikh Abdul Halim as Chief Justice and to establish a judicial tribunal to investigate the serious allegations of judicial misconduct against him as highlighted by the Lingam tape made public by Datuk Seri Anwar Ibrahim yesterday.

Article 125(3) reads:

“125 (3). If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the Yang di Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3A) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.”

I also asked the Prime Minister to invoke Article 125(5) which reads:

“125(5), Pending any reference and report under Clause (3) the Yang di Pertuan Agong may on the recommendation of the Prime Minister and, in the case of any other judge after consulting the Chief Justice, suspend a judge of the Federal Court from the exercise of his functions.”

I said in my letter to Abdullah that with the appointment of an Acting Chief Justice, concerted efforts must be made to restore public confidence in the independence, impartiality, professionalism and integrity of the judiciary.

I also stressed that the time has not only come for the establishment of a Judicial Appointments and Promotion Commission to assist the Prime Minister to ensure an accountable, transparent and meritorious appointment and promotion of judges but also for a Royal Commission of Inquiry to propose institutional reforms to ensure that Malaysians enjoy a truly independent judiciary and a just rule of law.

Under Article 125(4), a Judicial Tribunal

“shall consist of not less than five persons who hold or have held office as judge of the Federal Court, the Court of Appeal or a High Court or, if it appears to the Yang di Pertuan Agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Commonwealth, and shall be presided over by the member first in the following order, namely, the Chief Justice of the Federal Court, the President and the Chief Judges according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership”.

Statement from ALIRAN: Read here for more

"...Aliran demands that the Chief Justice be immediately suspended so that an Independent Commission of Inquiry can get to the bottom of the truth without any interference or sabotage. This first step is of vital importance.

Further, we demand that there should be an earnest judicial review for the following:
1. All judgments involving Datuk Seri Anwar Ibrahim’s court cases;

2. The farcical sodomy conviction cases of Sukma and Dr Munawar Anees;

3. The sacking of Tun Salleh Abas, Tan Sri Wan Suleiman and Datuk George Seah;

4. The elevation of Tan Sri Moktar Abdullah to the Federal Court some three weeks after his retirement from his office as the Attorney-General;

5. The Ayer Molek case;

6. The Metramac case;

7. All high profile cases in which these judges sat after leap-frogging over more senior and deserving judges still in service;

8. Justice Idid’s letter which condemned and implicated 12 judges by citing 112 serious allegations of corruption and malpractice;

9. Reporter Raphael Pura’s allegation that lawyer V.K. Lingam had written parts of the judgments of a judge in his defamation case;

10. The case of certain judges holidaying overseas with lawyer V.K. Lingam.

The controversy that we are embroiled in is a serious one that has completely undermined people’s confidence in our system of justice and tarnished the image of the judiciary irreparably.

Any delay in addressing this issue will make a mockery of justice and turn Malaysia into a laughing-stock.

STATEMENT from SUARAM: Read here for more

"...Our country cannot afford to have this matter to be swept under the carpet.

Urgent and immediate actions need to be taken to stop the disease in the judiciary that is worsening by the day. SUARAM urgently calls for a Tribunal to be convened immediately and for judges who have been named, especially the Chief Justice, to act honourably to salvage their reputation and integrity - resign with immediate effect!.."

COMMENTARY

From Zainol Abideen. Read here in Mahaguru58 Blog

".. I am sure that most of us are getting pissed off with the way our Malaysian justice system is seen to be nothing but a hotbed of politically manipulated 'one for you; one for me' fix up arrangement by the ones we see calling the shots and playing 'God' over us all.

Today, we get to learn the true colors of our judges and advocates whom we have been duped into thinking that being learned intellectuals and practitioners of law, they would not betray the people by doing all these criminal acts.

Its just as dirty and as bad as the political theater of this nation is concerned where even the hallowed halls of Parliament are not safe from abuse and indecent language and attitudes that have destroyed any iota of moral responsibility and cultured civility that we so imagined to prevail at such august institutions of a decent and fair government!

I just don't have any sense of respect to all those judges and lawyers anymore.

I leave it to you to decide how you want to go about it in choosing your next government based upon all these evidences of wrong doing being vomited out by the system...."

From "Cakap Tak Serupa Bikin" Blog

"....we Malaysian must now wonder what sort of justice system we had all these years.

The only interesting fact is that, there was an Indian lawyer who said he is working very hard to assist a Malay Judge in scheming his career path, using the assistance of a Chinese Towkay, while concocting with a Royal Minister, manipulating a Mamak Prime Minister. This is truly Muhibbah!

Another point of interest is that this Indian lawyer advised the Malay judge to use the name of Allah, that is to say, he is leaving everything to Allah to ensure him the position of Chief Justice.

However, what puzzles me is the fact that this judge (Ahmad Fairuz) had made a proposition that the English Common Law should be replaced by a Malaysian Common Law.

So, what sort of Malaysian Common Law do we have?

The video did hypothetically suggest that Malaysian judicial decisions could be much influence and dictated by well-connected lawyers and rich entrepreneurs who had linkages to the political leaders whom were empowered to decide the career destination of judges and chief justices, and those aspiring judges would need to seek connectivity and favors from some lawyers and businessman.

If one day, the Parliament do decide to amend the Civil Law Act (Section 3) and repeal the Common Law and replaced it with a Malaysian Common law, I am not sure how the legal fraternity and the international jurist would view our law.

We will not know what type and kind of rule of law will subsist in that system which is suppose to administer justice based on political patronages and directive.

I think we do need to have a lot more prayers for grace and guidance. We may also need to pray for peace and safety.

Amen!

UPDATE: ''The Judgment Fixing Scandal' - Malaysian Bar Council MUST Now Act DECISIVELY to Stem the Judicial Rot

Watch HERE the video clip OR Watch HERE

Update: Read here for more on Malaysiakini

Video experts consulted by Malaysiakini said that the footage could NOT have been doctored and was likely to be shot candidly using a mobile phone or similar devices.

The inference from the discussion was that “key players” should be nominated for judicial appointments in order to hear cases and deliver judgments accordingly.

At that time of the phone conversation, Mohamed Dzaiddin Abdullah was chief justice. Appointed in 2000, he was seen as a fresh break from his two previous predecessors - Mohd Eusoff Chin (1994-2000) and Abdul Hamid Omar (1988-1994).

Dzaiddin was to retire in 2003, and the video showed Lingam expressing concerned that the outgoing CJ was moving his ‘men’ into top judiciary posts.

The conversation revolved around the urgent need to get Ahmad Fairuz Sheikh Abdul Halim, then chief judge of Malaya - the judiciary’s No 3 - appointed as Court of Appeal president (No 2) and then chief justice (No 1).

There was also the plan to get former attorney-general Mokhtar Abdullah, who was then a Federal Court judge, to replace Ahmad Fairuz as No 3.

To do that, Lingam had roped in tycoon Vincent Tan, a close crony of then prime minister Dr Mahathir Mohamad, and Tengku Adnan Tengku Mansor, a key minister in PM’s Department. They were to talk to Mahathir on the appointment of judges.

A main point of the conversation - believed to be with Ahmad Fairuz in the context of the conversation - was that there appeared to be two camps in the judiciary belonging respectively to former CJ Eusoff Chin and his successor, Mohamad Dzaiddin Abdullah.

The lawyer also indicated that earlier efforts to appoint judges aligned to Chin had been thwarted by former finance minister Daim Zainuddin.

Based on what Lingam let drop, both Vincent Tan and Tengku Adnan had apparently played an instrumental role in the appointment of judges as well to secure the honorific title of ‘Tan Sri’ for Ahmad Fairuz. ..." Read here for more on Malaysiakini

• Read here earlier posting "EXPOSED!! Caught on Tape, Chief Justice Ahmad Fairuz and a Lawyer Engaged in "FIXING " Judgments "
  
  
• Read here Screenshot's survey of Malaysian's mainstream media's reporting of the scandal in their print versions and internet news portals

Article :"ONE STEP BACK FOR THE JUDICIARY" by Raja Aziz Addruse (November 2001) Read here for more

Quote:

" (November 2001) ...Whether the judiciary was to be proceed on the road to full recovery would depend on who was to be appointed to fill a vacancy in a senior judicial post created by the retirement of Justice Lamin Mohd Yunus, the former President of the Court of Appeal in March 2001.

The logical choice for the Court of Appeal post was Wan Adnan Ismail, the chief judge of Malaya. That seemed to be dictated by both seniority and merit.

The question was who was to succeed him as Chief Judge of Malaya?

Based on these criteria, there could be no dispute about the most suitable candidate. The obvious choice was Justice Malik Ahmad. He was the senior most Federal Court judge after justice Wan Adnan, and his merit as a judge was beyond question.

But when the appointments were announced on Sept 6, 2001, it was Justice Ahmad Fairuz who named as the new Chief Judge of Malaya.

That Justice Ahmad Fairuz has been chosen over justice Abdul Malik in spite of the implications of those decisions is worrying.

With the appointment of (Justice Ahmad Fairuz as) the new Chief Judge of Malaya, the apprehension felt by many members of the Bar that the improvement in the judiciary was to be short-lived appears justified.

Where appointments and promotions are made in disregard of acceptable criteria, it is not the confidence of the public in the judiciary alone that is undermined.Good judges, too, will feel no pride in being part of a judicial system where neither merit nor seniority is recognised.

We may be in the process of seeing history repeating itself. The country will be the loser once again if it does.

It is indeed a great pity. Instead of going forward, we have now taken one step back. Read here for more
-Raja Aziz Addruse (2001)

FAST-FORWARD to SEPTEMBER 2007

The Chairman of the Bar Council, Ambiga Sreenevasan issued the following press statement today:

"The Bar Council is appalled by the disturbing Malaysiakini report today and the shocking video clip that accompanies it that shows a lawyer apparently “fixing” judicial appointments with a senior judge.

Rumours and allegations of such machinations have been rife since the Judicial Crisis in 1988.

With the emergence of this video clip, the concerns expressed by various quarters in relation to the judiciary can no longer be swept aside. Immediate and urgent action must be taken.

A Royal Commission of Inquiry into this matter and the affairs of the Judiciary must be appointed.

Nothing less will do."

Commentary:

From Lawyer Manjeet Singh Dhillon (Read

here)

"...Right, Madam President, I have now seen the (video) clip.

The best part of it was the invocation of God's blessing at the end of the clip - what beautiful irony!!!!! and the allusion to the nation's interest and of course the bouncing pot belly.

So now you, as President, must move.

The Legal Profession Act has enough clout for immediate action.

The rot has to be excised and NOW and FROM WITHIN profession.

The clip displays conduct that is reprehensible.

Do NOT waste time in calling for EGMs or humming or hawing.

If the Bar Council can see fit to suspend lawyers for far lesser transgressions than that displayed here then this calls for the gallows.

You either move NOW, or you don't.

On another note I can only express sadness that I have wasted close to 38 years in this profession and failed to cultivate the warm friendships displayed on the clip. Woe is me for having taken the road less travelled.

Imagine the pomp and splendour and gold and glitter, and titles of course, I could have collected if I had only built up a friendship with the man with the phone in his hand - but then, on reflection, I would most probably have slit my own throat first then go down that path...."

From Haris Ibrahim of "People's Parliament". Read here for more

"... Malaysiakini reported that ‘when contacted this afternoon, the personal assistant to the CJ relayed a message that he wanted to have a look at the video before saying anything’.

Isn’t that odd? Why take the stance of ‘let me look at what evidence you have first’?

If you’re squeaky clean, why look at the evidence first before you proclaim your innocence?

And this from the man who advised recently elevated Muslim judges to remember to do their duty according to Islam!

Who only recently spoke of abolishing Common Law and replacing it with Islamic Law!

The Qur’an has a specific description for one who says one thing but does quite the opposite.

I wonder what the hudud punishment is for a dishonest, corrupt judge?

I guess Mr CJ will NOT be in such a great hurry now to take Islamic law to new heights in this country.

Pak Lah, tribunalise this corrupt pretender to the judicial throne now. "

From Fahri Azzat, Read here for more in Malaysiakini letter to editor

"...The fact that the evidential instance of his corruption occurred in the past in 2002 when he was in the influential position of the Chief Judge of Malaya only makes wonder just how much more acts of corruption occurred under his stewardship.

He has surpassed all the previous Chief Justices and brought the bar so low on all attributes required of a Chief Justice of Malaysia that only Mother Nature's most useless and vile creatures would have the necessary (not required) attributes to assume the position.

Instead of bringing honour and restoring the impeccable integrity, intellectual fortitude and robustness and industry of the pre-1988 judiciary, he has led it down into a cesspool.

. All those responsible for recommending him, doing the due diligence on him (unless they made a negative finding on him), and finally appointing him to the position of Chief Justice are similarly tainted.

I think it very frightening that lawyers of poor repute, a minister unrelated to the law, Malaysian businessmen, the prime minister and his cronies and who knows who else are involved in the appointment of judges..."

From Steve Oh. Read here for more on Malaysiakini letters to editor

"...We all talk of the rule of law as if it is all powerful. But what happens when the rule of law is thwarted by behaviour that is unethical, dishonest and downright immoral by those who are its upholders?

It confirms what Malaysians have always suspected - that invisible hands pull the strings behind the charade of respect for the constitution and the rule of law. Now that all the window-dressing, denials, excuses and rhetoric have put paid to the pretense, the bureaucracy has been shown for what it is - a 'whitewashed tomb' which is white on the outside but putrid within.

Malaysians ought to wake up to the truth that they are being taken for a ride and that much happens in government that is downright dishonest and a mockery of good governance.

Abdullah Ahmad Badawi will have much to explain but it is a tough ask when his administration is also bogged in financial fiascos that are covered up and not dealt with in the public space..."

From JTB. Read here for more on Malaysiakini letters to editor

"...I am actually shocked by the revelation that a large proportion of the upper echelon of judges are appointed at the recommendations of a selected few, including VK Lingam - a lawyer and member of the Malaysian Bar.

It is unbelievable how he is able to manipulate those people in high places. You can almost call him a ‘king-maker’.

This scandal in the judiciary cannot be swept under the carpet. The Bar Council and our Malay Rulers are the last bastions to save Malaysia.

Forget filing any application in court to impeach or remove the judges. Who is going to hear your application? The Chief Justice?

I am sure all the lawyers in the country are devastated by the revelations of the Lingam tape, Lingam being the only exception. "

From Pak Pandir Baru. Read here for more on Malaysiakini letter to editor

"... Previously, the people’s perception was that judges could be ‘bought’ in this country by powerful litigants. This has now been more or less confirmed.

The current tenure of our Chief Justice himself has been dodged by numerous controversies including the promotion of undeserving judges, biased judgments and judges who have failed to produce their written judgments, sometimes for years.

Foreign investors will be more worried about investing in this country if they see that our judiciary is compromised. Our leaders seem to be people of low integrity if we look at all the scandals that has beset our nation.

He will go down in history with a cloud over his tenure, a poor example when compared to the former luminaries of the Malaysian judiciary such as Suffian Hashim, Raja Azlan Shah and Salleh Abas.

Sadly, the present CJ is not alone for there have been other top judges involved in scandals when they were in office.

It would seem that judges who uphold the rule of law are put in cold storage until retirement while those who are either corrupt or lap dogs of the executive are rewarded with promotions."

From Malaysiakini. Read here for more

"...Aliran president P Ramakrishnan called for the purging of judges found undeserving of their appointments or promotions. Such drastic measures, he said, are necessary because of the judiciary’s slide from its previously esteemed international standing to the present rot in which it languishes.

“It has sunk so low that it has reached rock bottom and it has lost the respect of well-meaning Malaysians who are appalled at the state of the judiciary,” he added.

For this to happen, he said the suspension of Ahmad Fairuz is also in order to allow the authorities to get “to the bottom of the truth without any interference or sabotage.”

“The controversy that we are embroiled in is a serious one that has completely undermined people's confidence in our system of justice and tarnished the image of the judiciary irreparably. Any delay in addressing this issue will make a mockery of justice and turn Malaysia into a laughing-stock,” he said.

Describing the rot in the judiciary as a matter of urgent priority, Ramakrishnan said the purge of the judges - whom he labelled as “co-plotters in this nefarious scheme” - was necessary to save the judiciary from “the clutches of the executive.”

EXPOSED!! Caught on Tape, Chief Justice Ahmad Fairuz and a Lawyer Engaged in "FIXING " Judgments

ANOTHER Block-Buster Scandal...

(read here recent PKFZ-Ghost Town Scandal and the Naval Patrol Vessel Scandal)

BREAKING NEWS IN MALAYSIAKINI: Read here for more

Go to Malaysiakini for developing story !!

Read here on Anwar Ibrahim's Blog for more

Watch HERE the video clip OR HERE on YouTube

Excerpts: Read here for more

An explosive video clip showing a senior lawyer in a telephone conversation allegedly with Chief Justice Ahmad Fairuz Sheikh Abdul Halim was caught on tape discussing on the telephone with a senior lawyer on how to 'fix the judgments' of several cases.

The eight-minute clip, which was taken in 2002, was made public by PKR de facto leader Anwar Ibrahim today.

Among the matters being discussed on the video clip were:

the appointment of Ahmad Fairuz as the Chief Judge of Malaya and his promotion as the Chief Justice. At that time Ahmad Fairuz was the Chief Judge of Malaya, in charge of all High Court judges in Peninsular Malaysia.

a conversation discussing which judges should be promoted and that "loyal" Ahmad Fairuz should be rewarded with a promotion.

Anwar said the video proved that his appeals against his sodomy and abuse of power convictions were tainted and that he was denied a proper and fair trial.

In this video, lawyer VK Lingham was seen and heard to be talking to the current Chief Justice of the Federal Court, Tun Ahmad Fairuz Abdul Halim wherein (Anwar's) name, among others, is specifically mentioned.

Anwar, however, did not disclose the person who took the video.

Malaysiakini is following this story......

Read Here, the BAHASA version of the transcript of the video-clip

UPDATE FROM MALAYSIAKINI (READ HERE)

Below is a transcript of the conversation by lawyer VK Lingam in his telephone conversation with Chief Justice Ahmad Fairuz Sheikh Abdul Halim, as recorded in an eight-minute video clip.

".... The CJ said he is relative to now Agong, so he wants to stay on to 68, so, Tengku Adnan, I told Tengku Adnan, yesterday I had a meeting with him.

He said PM is already very angry with him, he said no problem he is going to make you acting err.. confirm your position as PCA, working very hard then working very hard to get Tan Sri Mokhtar as CJM.

Ah, we just keep it confidential. I am working very hard on it. Then there is a letter, according to Tengku, I am going to see him tomorrow, there is a letter sent to CJ, I mean Tan Sri Dzaiddin, that Datuk Heliliah, Datuk Ramli, Datuk Ramli and Datuk Ma’roop be made judges, and he rejected Dr Andrew Chui and apa itu Zainuddin Ismail lah. Because Zainuddin Ismail condemned your appointment and Tan Sri Mokhtar’s appointment.

And then you also, you seems to wrote a letter for the remaining five be confirmed as judges. As per our memo I discuss with Tun Eusoff Chin and we sent the same memo to PM.

I just want to get a copy letter that that has been done.

And then Tan Sri Dzaiddin said he is going to recommend six people for the court of appeal, but until today the letter hasn’t come to PM. He never discuss, but neither he has sent the letter to PM. Yes he has not sent. I know it is under the constitution for judges all that is your job Datuk to send, but we don’t want to make it an issue now.

Ah. Ok Actually I told Tengku Adnan to inform PM, PM to call you for a meeting. I organize it so that Tengku Adnan will call you directly. And then I got your number, I will tell him to call you directly to for you to meet PM lah. So should be ok, then ar.. correct correct, it is very important that the key players must be there.

Correct x3. correct x2. You know that the same problem that Tun Eusoff Chin has. He tried to do all this and yet he has run out of soldiers. He couldn’t do it because many are from the other camp. Last time was unfortunate because Tun Daim was doing everything sabotaging, otherwise how are things with you - everything is ok?. No, don’t worry.

You know sometimes Tan Sri Vincent that half the time they are talking about judiciary rather than doing the work. But if I don’t do this part my work will be useless.

Ha ha ha. Ah yes.Correct x5, right x3 correct. Ah right susah. You see he has now up for six court of appeal judges, so that he can put his men before he retires.

Correct x3, ah and then ah, correct. But never-mind, I will do this, I will get Tengku Adnan to arrange for PM to call you and Tan Sri Vincent Tan for PM to call you. And you know why, actually, I am very grateful with Tan Sri Vincent Tan you know why, I brainwash you so much even I quarrel with him.

One day I went to Vincent Tan house, I fire him at the night in his house. I said bloody hell if you don’t do this who will do it?

All these people Tun Eusoff Chin, Datuk Ahmad Fairuz, Tan Sri Zainon all fought for that. Then he called Tengku Adnan. Tengku Adnan he said, saya bukan Perdana Menteri Malaysia lah, you know. If the old man doesn’t want to listen to me, go to hell.

He quarreled with me. I said never mind, never mind, you talk to PM again tomorrow morning to put Datuk Ahmad Fairuz to CJM. So next day morning he went and he called me back 9.30 that he said PM has already agreed.

So I said never mind, we hope for the best. So I said no harm trying, the worst that it can happen is that you lose. Being the old man, he is 76 years old, he gets whispers everywhere, and then you don’t whisper, he get taken away by the other side. But, now PM is very alert because every time he gets letters from Tan Sri Dzaiddin, he called Tengku Adnan, he said discuss with Vincent, come and discuss.

Yes yes, ya. Correct x2, ya, but you see although I know PM, I am a lawyer in practice my views are.. I go through them, I go through them lah. Ah x4.

And then Dzaiddin will call them telling that you went saw PM and you make a big issue out of it. Oh ya, I think so, I think so.

Ok, fine x4 ok x4

Ah x2 correct x2. Now I heard Raja Aziz, Raja Aziz two weeks ago spoke to my lawyer Thayalan, and another lawyer Ailan, in the high court, they have a case each other. So, Thayalan and Ailan asked Raja Aziz, how is Tan Sri Wan Adnan?

He said he is on his way down. But you know what is the shocking thing he said? Datuk Fairuz became CJM. He overruled everybody, in three months time, he is going be made PCA, and 6 months time he is going to be CJ. He said he can’t think, he’s shocked. He told us.

Ha, it seems that they are going to organize a campaign to run you down. But you just keep quite, don’t say anything. Even the press asked, you said I leave it to God, that’s all. Don’t say. I really like your message. You said you work very hard, what can I do? I leave it to God.

That’s the best answer Datuk that you can ever be.

Ah… I will also get Tan Sri to remind PM to put a Tan Sri-ship this year lah. This will elevate you, you know.

Oh yes x4. ha. Steve Shim got so fast, Tan Sri Chong waited for whole year to get Tan Sri-ship.

Ah.. My god that’s why, ah. Correct x4, ya x4 right x3 correct x2

Don’t worry, we organize this. If Tan Sri Vincent and Tengku Adnan want to meet you privately, they will, I will call you. We organize in a private arrangement, in a very neutral place.

No don’t worry, Datuk, I know how much you suffer for Tun Eusoff Chin. And Tun said Datuk Ahmad Fairuz 110% loyalty. We want to make sure our friends are there for the sake of the PM and the sake of the country.

Not for our own interest, not for our own interest. We want to make sure the country come first. Well, you suffered so well, so much you have done. For the election, Wee Choo Keong, everything. How much, no body would have done all these.

Yes, you know. Good lah. Don’t worry. I am constantly working on this.

Ya ya, don’t worry x2. We work hard on this. And Datuk, and then if Tan Sri Vincent and Tengku Adnan want to see you, I will organize it in such a confidential place.

Ok Datuk very best. God bless you and your family.

Ok. Thank you thank you. Bye."

From Anwar's Blog

Statement by Dato’ Seri Anwar Ibrahim on the VK Lingham Video Scandal

This video recording implicates the highest office of judiciary in a conspiracy to pervert the cause of justice through the machinations of a lawyer tainted with a scandalous history involving questionable dealings and conduct that brings disrepute to the legal and judicial professions.

In 1994, lawyer VK Lingham was photographed with the then Chief Justice Tun Eusoffe Chin holidaying in New Zealand under circumstances that would give rise to the inference of a serious breach of professional conduct on part of the lawyer and even more serious implications of unethical conduct on the part of the Chief Justice.

(Courtesy of Screenshots)

Read here for more on Screenshots on the "Judiciary + Cronies and Patronage"

Lingham was also implicated in the PricewaterhouseCoopers report which was tabled to Parliament following a thorough audit investigation of the Perwaja Steel scandal involving the loss of billions of ringgit of taxpayers’ money.

In this video, Lingham was seen and heard to be talking to the current Chief Justice of the Federal Court, Tun Ahmad Fairuz Abdul Halim wherein my name, among others, is specifically mentioned.

It is mentioned in the context of a conspiracy to influence the appointment of senior judges and pervert the cause of justice.

In view of this, we have reason to believe that whatever has transpired in this exchange in 2002 had some bearing on the outcomes in a number of judicial proceedings, including mine.

The video also implicates Vincent Tan and Tengku Adnan Tengku Mansor. The former is a businessman and gaming tycoon who was allegedly at the center of a scandal involving the abuse of the judicial process now known as the Ayer Molek case. The latter is a prominent Umno leader and a member of the Cabinet who was involved in the political conspiracy to remove me in 1998.

Such a scandalous expose, as indeed this video really is, only serves to corroborate our allegations of a political conspiracy of the highest level and corruption of the highest judicial office, seriously bringing into question the impartiality of judicial proceedings involving the affected parties.

This is matter of utmost public importance and we demand the setting up of an Independent Tribunal to investigate this shameful and scandalous episode.

In this regard, we make a special appeal to the Conference of Rulers to continue to play their constitutionally entrenched role in safeguarding the rights of the people by exercising their discretionary powers in all matters within their jurisdiction.
- ANWAR IBRAHIM

Three Reasons Why Malaysians Should NOT Vote this UMNO-Led Govt in the Coming General Election

From Malaysiakini: Read here article by KJ John

by

Dr. K.J. John
(Dr. K.J. John was the Vice-President of IT Policy Development of the Malaysian Institute of Microelectronic systems (MIMOS) and headed the National IT Council (NITC) directorate. MIMOS is a government-owned company, which also provides the National Secretariat for ICT policy, strategy and development in Malaysia. Before joining MIMOS, K.J. John was the Director for Industrial Policy with the Ministry of International Trade and Industry and undertook the Second Industrial Master Plan for Malaysia. He has worked in public service for 29 years. He was National Director for the Global Knowledge Partnership (GKII) event hosted in Malaysia in March 2000. He served on the Technical Advisory Panel for the World Bank InfoDev program. He holds a doctorate in Organization and Management Theory from the George Washington University in Washington, DC.)

Excerpts: Read HERE for more

" THREE reasons for voting DOWN the Government of the day regardless of whom they put as their representative in my parliamentary and state constituencies are:

1. The issue of leadership integrity.
   
   I voted for the Pak Lah government at the last general election and even convinced all my friends to do so, simply because I believed in Pak Lah and all the promises he made.
   
   He has NOT delivered on many of his promises. Granted, five years is not enough, but surely the political will and intent will be visible by now, if there is any.
   
   I do not see it yet, having served as a government servant of 32 years.
   
   Neither UMNO at the highest level nor MCA at the grassroots level (in my constituency) gives me confidence that Pak Lah, given another five years will and can make a difference.
   
   The gap between his espoused theory and his theory-in-use is far too great for me to give him another chance, at least in this election.
   
   Maybe the next one: if we can send a clear and unequivocal message about what we think of his “integrity agenda,” through this coming election.
   
   
2. My representatives at the grass-roots level have let me down.
   

   During the 1999 elections, I brought both the Adun and my then future MCA MP to review the situation of the “rape of the green lung in my neighborhood.”
   
   Alas, the government cronies did what they wanted to do; they raped our 30-year-old green lung without even a proper hearing.
   
   In fact, one Adun and state executive councilor who chaired an informal meeting arranged by my friends at the Petaling Jaya land office even made some false and empty promises.
   
   Today they have destroyed the green lung in the name of development and our children are becoming ‘Mat Rempits’ and we do not understand why.
   
   Sorry, MCA representatives, even if Mr Ong Ka Ting personally appeals to me, I CANNOT vote one of yours as YOU are part of the problem.
   
   

3. The local governance is at its worst ever.
   
   How can the government of the day be arbitrary in the “governance of the public spaces of life?”
   
   While Citizen Nades has been fighting through writing (exercising the power of the pen), it appears to no avail. The funeral parlour continues without fear or favor. The advertisement billboards and the arbitrary ways of setting them clearly smells of corruption and abuse of the rule of law.
   
   What bothers me is that if Nades dares to write so much, always claiming to have the facts and figures (and he is also a lawyer by training),
   
   - Why is there lethargy when it comes to “enforcement and investigation?”
   
   - Why do the enforcement authorities fear to meet with him and take him seriously?
   
   There may be many things to hide!
   

For the Future

Finally, having been a Government Officer myself, I would have loved to work with (not for) Pak Lah on the integrity and corruption issues and problems.

Honestly, one does not have to be brilliant to get that simple job done.

Tan Sri JG Daniel, who passed away recently, did that without fanfare, to everyone’s knowledge. Just simply understand the real issues and focus on getting the job done.

But, very few senior government officers appear to have really and fully understood this.

Please use the law to highlight the issues under your charge and take action under the law. Almost every public policy issue is covered by public law.

Even as “controlling officers,” (or, chief financial officers, if you may) you have all the necessary legal authority to do what is right.

In fact, the current Chief Secretary, the Auditor- General and the new ACA chief appear to be rare examples of this model of doing right by the law. They know fully that even ministers are under the law, and therefore can be investigated.

Frankly, I am amused that the Minister of Youth and Sports could direct the secretary-general to “overspend his budget.”

Where in the Financial Procedures Act do we find such provisions assigned to the minister?

Can someone explain?

To my knowledge, only the Parliament has the authority to approve supplementary budgetary allocations, and not even the cabinet.

So, to me it was a breath of fresh air that the ACA chief was quoted as saying he can investigate and take action against ministers, based on the Auditor-General’s Report. That gives me some confidence but let us watch this wayang kulit before believing what has been said.

Consequently, unless I see an independent candidate like Raja Petra Kamarudin or Zaid Ibrahim or even Tunku Aziz standing in my kawasan for issues related to Constitutional integrity, rule of law, greater accountability and transparency, I am sorry, Mr Government, but THIS time YOU do NOT deserve my vote.

I pray that you learn a serious lesson about arrogance of authority and the lack of civility.

Furthermore, this action is also for the future of our children and grand children in Malaysia, and for a longer term sustainable multi-racial Malaysia.

God Bless Malaysia over next 50 years.

Happy 44th Malaysia Day!

UMNO Creates Problems for the Chinese, MCA Required to do the Explaining

According to Deputy Prime Minister Najib Abdul Razak, if the Chinese Malaysian community perceives that the MCA is under-performing, it is because the political party has not adequately explained its efforts to protect their interests.

Najib said the MCA has been told to go all out to correct such sentiments, especially with the anticipation that there will be a swing in Chinese support to opposition parties in the next general election. Read here for more in Malaysiakini

Commentary from "Caravanserai" Blog.

Excerpts:Read here for more

"... It has been known a long time ago that the (BN) Coalition Partners are NOT the similar standing with UMNO.

When the dog shits, the owner has to scoop it up. But HERE when the dog shits, the partners have to scoop it up.

When the ruling elite creates problems for the other races, it is up to the other partners in the coalition to explain. This is the mentality of the (BN) coalition ruling elite.

When the other races complain about it, the other party has to explain.

As Dr M said of the present administration, they are half past 6.

What will MCA do?

My guess MCA has to do the talking and explaining to the Chinese voters.

MCA already knows how many seats they are going to lose in the next GE. Penang, Ipoh, Selangor, KL, Johore, Malacca and Negeri Sembilan are the states that MCA will have to push harder in its efforts to maintain its seats there.

I still hold the view that MCA should quit the coalition so that the UMNO will be forced to review its rule in the coalition.

As it is now, it is only lips talking that the coalition parties work for ALL races.

Universiti Putra Malaysia (UPM): Famous for the WRONG Reasons

From "Mahaguru58" Blog: Read here article by Zainol Abideen and HERE

Quote:

"...Why the hell are the University (UPM) authorities being so bloody racist?

Doesn't augur well for the reputation of the university.

If you DON'T like to have NON- Malays students there, might as well make it a MALAY-ONLY University.

With such kind of abusive and biased treatment being meted out to these UPM Chinese students by the clearly discriminating campus security, is it any wonder that these students will grow to hate the Malays as a whole for the inconsiderate few amongst the campus security personnel here?

I wonder what the university administrators are doing by allowing such blatant thuggery take place here against their fee paying students who are in fact their paymasters?

Maybe UPM stands for Universiti Perkauman Malaysia?

Easy for all that way! Saves all people lots of trouble and heartaches! "
- Zainol Abideen

Read HERE related article and HERE in Screenshots, and HERE and HERE

by

Zainol Abideen

Excerpts: Read HERE and HERE for more

Universiti Putra Malaysia is in the news for the wrong reasons again.

Instead of being famous for good academic results of its students, the university is now becoming infamous for the way the students are being victimized by campus security.

As was the case before, it involves Chinese students who are seen standing up for their rights in demanding that the campus security 'Special Duties Unit' Supervisor Zamali Haji Samsi return what's rightfully the personal laptop, mobile phone, MP4 player, pendrive and several documents to the student!




Photo courtesy of Malaysiakini
Why is this happening in this university?

What kind of laws are these resulting in a racial polarization and victimization of our students?

Why the hell are the university authorities being so bloody racist? Doesn't augur well for the reputation of the university.

If you don't like to have non Malays students there, might as well make it a Malay only university. Easy for all that way! Saves all people lots of trouble and heartaches!

Maybe UPM stands for Universiti Perkauman Malaysia?

From the way, things are happening there, the description and suggested name change fits it to a 'T'!

No wonder that the Non Malay Malaysians are all for having their own ethnic based universities!

So much for the rhetoric of 'Perpaduan and Muhibbah'!

I wonder what the university administrators are doing by allowing such blatant thuggery take place here against their fee paying students who are in fact their paymasters?

Yes! Those students aren't studying there for free, are they?

All the fees being paid by such students and all the rest are pooled into paying the salaries of the lecturers, administrators, campus staff plus those arrogant campus security personnel themselves!

These are university students we are talking about?

What the hell is wrong about them learning to prepare for the realities of life once they graduate?

If they have certain tendencies to be politically inclined and support whatever bloody party they want, its their business and their rights!

It makes no difference to the way things are being run here in this nation as far as the political scenario is concerned.

When you do such things to intimidate them and confiscate their personal laptops and properties, what message are you giving to those students? 'That this current regime is no different from any dictatorial tyrants out there in the world because they will stop at nothing, not even murder to hang on to their power and positions at all costs?'

I feel ashamed to see my fellow 'Muslims' behave so arrogantly especially now in the holy month of Ramadan which clearly doesn't seem to mean much to those despots terrorizing the young students of this nation!

In case, the university's administrators forgot, these are our students, our Malaysian students who have every right to be allowed to study in peace and accorded due respect and honor to be left unmolested and undisturbed to carry on with their academic pursuits!

The international academic world will condemn our universities to be nothing but training camps for future blind supporters of the reigning regime and nothing less than that.

Its a shame to the reputation and integrity of the academics of this country to see such discrimination allowed to be taking place there in UPM!

I have yet to see the Minister for Higher Education address this matter? Where the hell is he?

Malaysia Turning into a Nation of Block-Buster Scandals

Read here full article by Kim Quek in Malaysiakini: " Naval scandal: Najib must explain or quit "
Kim Quek is a retired accountant

Excerpts: Read here for more

Read HERE related articles, and HERE and HERE

RM6.75 BILLION Patrol Vessel Scandal

From the RM4.6 billion PKFZ ‘Ghost Town’ scandal to another mega bombshell - the RM6.75 BILLION Patrol Vessel Scandal.

A RM5.35 billion contract to build naval vessels awarded in the 90s that has been inflated to RM6.75 billion.

The 2006 Auditor General’s Report, tabled in Parliament on Sept 7, has revealed astounding details that indicate:

dubious award of contract to an obviously unqualified contractor,

failure of technical and financial management,

hefty illegitimate contract price increases and overpayment,

unjustifiable waiver of penalties,

huge undocumented payments and

complete failure of ministry oversight.

Background

In September 1998, a company owned by an UMNO stalwart Amin Shah Omar Shah was awarded a contract to design and build six patrol vessels for the Royal Malaysian Navy for the contract price of RM5.35 billion. The company is PSC-Naval Dockyard Sdn Bhd (PSC-NDSB), which is a subsidiary of Penang Shipbuilding Construction (PSCI) Sdn Bhd, a company owned by Amin Shah .

UMNO Stalwart
Amin Shah Omar Shah

(Read here more about the fall of Amin Shah Omar Shah)

"....In 1995, Govt. privatised the state-owned Naval Dockyard, a shipyard in Lumut, in northern Perak state, to a consortium led by Mr Amin's PSC Industries, or PSCI, for RM300 million. Together with the privatisation came a bag of goodies. Naval Dockyard received exclusive rights to build 27 offshore patrol vessels for Malaysia's Navy for RM24 billion. It also won the right to maintain and repair all of the country's naval craft.

(But) the entire project is in shambles with the government cutting off funding in 2004 after PSCI was hit by a slew of lawsuits amid losses and a net liabilities position. The RM300 million that the consortium paid the government on Dec 11, 1995 was borrowed, according to a June report by Ernst & Young commissioned in March by PSCI's management.

Naval Dockyard alone has debt of RM1.4 billion, 70 per cent of which is owed to trade creditors and suppliers. According to the report, the government had paid the group RM3.63 billion as at Dec 31, 2004 out of an estimated project revenue of RM5.35 billion for the building of the first six vessels. Read here for more

PSC-Naval Dockyard Sdn Bhd
Royal Malaysian Navy Base
32100 Lumut , Perak Darul Ridzuan

Telephone 05-6835701/7 ; Fax 05-6835708

CONTACT PERSON: Dato' Amin Shah Hj. Omar Shah /En. Azlan Shah Hj. Omar Shah

(According to Malaysian Defence Council Website, it describes PSC-Naval Dockyard Sdn Bhd as: "A modern and sophisticated shipyard with the latest technology and comprehensive equipment to meet the demand of marine activities. Highly superior facilities for refitting, refurbishing,repairing and maintenance of all types of ships. Specializes in complete overhaul, upgrading and maintenance of all types of ships. Specializes in complete overhaul, upgrading and maintenance of medium calibre canons, naval guns, artillery equipment and its associated systems. Universal tests elecronic defence industry especially in the field of combat, command and control system." )

Under the terms of contract, the contractor is obligated to deliver the vessels in stages, starting from March 2004 and completing delivery in April 2007.



(Courtesy of Malaysiakini)

The Auditor-General's Findings:

1. PSC-NDSB could only deliver the first two vessels in mid-2006, and the remaining FOUR are still remote from their final stages of construction, with their completion assessed at 19% to 56% at December 2006.
   
   
2. The Defence Ministry has not only kept the contractor but also made hefty overpayment, increased the contract price drastically and waived all penalties, all WITHOUT any justification.
   
   
3. The contract price was increased from RM5.35 billion to RM6.75 billion in Jan 2007, for which the auditor-general could find NO justification.
   
   
4. The generous payment of RM4.26 billion to the contractor up to December 2006 when value of works done was only RM2.87 billion - an overpayment of RM1.39 billion or 48%.
   
   
5. The cabinet’s decision in Nov 2006 to waive the imposition of penalty for late delivery amounting to no less than RM214 million.
   
   
6. The abnormally generous payment of RM1.07 billion as deposit, which amounts to 20% of contract price, upon signing the agreement.
   
   
7. The Defence Ministry is found to have made huge payments to the contractor WITHOUT supporting documents. Between December 1999 and January 2002, 14 progress payments amounting to RM943 million were made, for which NO payment vouchers or relative documents were found.

In spite of these enormous overpayment and contract price increases, the AG found the contractor in serious financial deficit and warned the government of further losses ahead due to contractor’s weaknesses.

The Irresponsibility of the Badawi Govt

The auditor-general criticised the Project Steering Committee – headed by defence minister cum deputy prime minister Najib Abdul Razak – for failing to provide the necessary oversight over the project.

While Mahathirism is characterised by corruption and cronyism, Abdullah allows these characteristics to flourish and at the same time compounding them with his unique brand of hands-off leadership - indecision and indifference.

Abdullah would let nature take its own course. Needless to say, such policy (or the lack thereof) would spell disaster on a mega project gone foul.

No doubt Mahathir is faulted for having awarded such a huge and high-skill project without tender to an obviously incompetent crony – a glaring case of corruption and cronyism. (But) Abdullah was the leader who allowed the failed contractor to drag on and dubiously rewarded him with contract price escalation and overpayment, entailing all sorts of irregularities with criminal implications, causing the public to loose billions with no end in sight.

(Although) the real decision-maker may not be Abdullah but Najib, but still as the prime minister, he must take responsibility for having failed to provide the kind of leadership that could have averted the deterioration of this disaster.

In fact, I doubt whether the cabinet has been properly briefed or consulted, much less given meaningful deliberation over the relevant issues, in spite of their stupendous nature in monetary terms.

I wouldn’t be surprised if the cabinet is carrying on its traditional role as largely a rubber stamp, busybody over trivial issues such as Namawee’s Negarakuku, but oblivious to massive hemorrhage of public funds through such fiascos as this RM6.75 billion patrol vessel contract or the RM4.6 billion PKFZ ‘Ghost Town’ project.



(Image courtesy of Mob's Crib)

Najib Must Explain or Resign

Najib must bear the brunt of the present disaster.

As Defence Minister and leader of the project steering committee monitoring and overseeing the progress of the project, he is responsible for major decisions and development relating to the contract.

And NAJIB must now answer the following crucial questions:

1. Why wasn’t the contract promptly terminated when the contractor committed a major breach through its severe failure to deliver the vessels?
   
   
2. Why was the contract price increased from RM5.35 billion to RM6.75 billion? Who authorised the increase?
   
   
3. Why was the penalty for late delivery amounting to no less than RM 214 million waived? Who authorised the waiver?
   
   
4. Why was the contractor overpaid by 48% by December 2006 – being paid RM4.26 billion for works done valued at RM2.87 billion? Who authorized the payment?
   
   
5. Why were there no payment vouchers or other supporting documents relating to 14 progress payments amounting to RM943 million made between December 1999 and January 2002?

Unless Najib can provide satisfactory answers to the above question, he must resign forthwith.

Meanwhile, the Anti-Corruption Agency should waste no further time in commencing earnest investigations into the many serious irregularities of this project, in particular, criminal collusion with the contractor and breach of trust by top government leaders and officials, including those relating to the award of this contract.