PAS veep says hudud ‘impossible’ for now

September 23, 2011

 

KUALA LUMPUR, Sept 23 — PAS vice-president Salahuddin Ayub asked Pakatan Rakyat (PR) today to stop discussing hudud as it was not on the opposition pact’s agenda for now.

The Kubang Kerian MP told The Malaysian Insider that the coalition should instead focus on its joint efforts to take over federal power.

“We don’t need to discuss things that are impossible to implement. All parties need to understand this,” he said.

Salahuddin (picture) said it was not a conducive time to implement hudud law in terms of the current legislative makeup.
“Barisan Nasional (BN) has been in power for 50 years and cannot implement it. PAS in Kelantan and in Terengganu was also unable due to the situation which was not conducive,” he said.

He said that the law, which prescribes stoning, whipping and amputation as punishment for criminal offences, can be discussed after PR takes over Putrajaya.
“We can hold a referendum if needed to see the view of the public on this,” he said.

Former Prime Minister Tun Dr Mahathir Mohamad, who opposed hudud when Kelantan passed the law in 1993, reignited the issue earlier this week, daring the state’s Mentri Besar Datuk Nik Abdul Aziz Nik Mat to implement hudud now that he was no longer in power.

The PAS spiritual leader then called on Prime Minister Datuk Seri Najib Razak to propose amendments to the federal constitution to allow the Islamic law.

Opposition Leader Datuk Seri Anwar Ibrahim also backed PAS’s stand on introducing hudud in Kelantan but the DAP has insisted that it is not part of their common policy, leading to PR’s unity being questioned.
But DAP secretary-general Lim Guan Eng said today that Barisan Nasional’s (BN) unity should also be questioned following disagreement among component parties in the ruling coalition over the implementation of hudud law.

When PAS-ruled Kelantan passed the hudud Bill in 1993, it was supported by both Umno assemblymen and all six elected representatives from Semangat 46, which was led by Tengku Razaleigh Hamzah, who has since returned to Umno.

Religious stand-off over deceased man

The religious status of a recently deceased man has sent his family into a tailspin after religious authorities in Negri Sembilan went to their house to claim his body earlier today.

The body of Lawrence Selvananthan, 33, was scheduled to be brought to a church in Seremban at 3pm today for a funeral mass followed by his burial, but his family was stopped by police and Negeri Sembilan Islamic Affairs Department (JHEINS) officials who claimed that he had already converted into Islam.

The deceased's cousin, who asked to only be identified as Jenny, said they were approached by police officers at the family home in Lukut, Port Dickson at about 12.40pm to inform them that they could not proceed with the burial.

She said the police officers showed them what she described as a photocopied document, detailing Lawrence's alleged conversion into Islam.

“They told us that he just converted three days ago. The name and IC number were correct, but there was no photo. We're not even sure of (the authenticity of) the signature,” she said when contacted by Malaysiakini.

It is understood that Lawrence, a lorry driver, was found unconscious in his parked lorry by family members, and declared dead on arrival at the Seremban General Hospital sometime last night. The cause of death is unclear.

Both sides in discussion 

PKR's Port Dickson state assemblyperson Ravi Munusamy, who was mediating between the two parties, confirmed that there was a stand-off between the family members and JHEAINS and police officers.

He estimated at least 30 officials went to the house to claim the body, though both sides have since entered discussions, which were still ongoing at the time of writing this article.

Ravi pointed out that the family members are sceptical over the conversion claim as the witness to Lawrence's alleged conversion did not turn up despite being asked to verify the claim.

“Even the signature on the document is not his. His brother confirmed it is not his (Lawrence's) signature,” he added.

Jenny stressed that the situation is only making things worse for the family, as they cannot even grieve over their loss.

“The family is very sad. His daughter lost a father and his wife lost a husband. 

"They said he had already mengucap (took his vows of conversion) at the department, but by right they should have informed his family immediately. We think this is very unfair to us,” she said.

McDonald: Anwar's case the only such one in the world

The Australian DNA expert describes Anwar Ibrahim's case, where the chemist retrieved DNA after 56 hours in the rectum, and left it for another 48 hours in the open, as one of the longest documented discoveries in the world, if the results can be believed.

Dr Brian McDonald said it was extremely rare that one could find sperm after 113 hours in the rectum, in referring to a 1997 article shown to him two days ago by the prosecution.

“That case, along with the 1982 case (which states that sperm can be retrieved after 65 hours), are the only two documented. In 99.9 percent (of the cases), you cannot find sperm at all after such long hours.

“However, this (Anwar) case is the only one (that I know of) in the world where the sperm can be captured after 56 hours and given to the chemist two days later, where you can still find a good DNA sample,” McDonald said.

He was responding to questions from Ramkarpal Singh during re-examination today.

McDonald had two days ago concurred with suggestions by solicitor-general II Mohd Yusof Zainal Abiden, over the finding in the article titled 'Sexual Assault and Semen Persistence' written by GM Willot and JE Ellard. Ellard was the scientist who made the 1982 discovery that the sperm can last for 65 hours.

McDonald said that to his knowledge and according to some journals, one could find a good DNA after the sample was retrieved from the rectum after eight hours.

Anwar is charged with sodomising his former aide Mohd Saiful Bukhari Azlan at the Desa Damansara condominium between 3.01pm and 4.30pm on June 26, 2008.

Saiful was examined at the Hospital Kuala Lumpur between 9pm on June 28 and midnight on June 29, 2008, where the samples were retrieved.

Investigating officer Supt Jude Blacious Pereira admitted in court that he did not keep the samples in the refrigerator, but placed them in the drawer of his air-conditioned office. Jude gave the samples to chemist Dr Seah Lay Hong two days later.

McDonald said findings of sperm having lasted 113 hours in the rectum are not normal.

“In my experience for the last 20 years, it (such a case) would give poor results.”

He emphasised that degradation was an issue as the credibility of the sample was put at stake.

“It is 56 hours in rectum and 48 hours outside and yet you find pristine nature in the findings.”

'I do not intend to mislead the court'

The Australian, when quizzed by Ramkarpal, denied suggestions made by the prosecution that he intended to mislead the court when criticising Seah's testing method.

“I conceded a mistake in my testimony on Seah (right) doing the acid phosphatase (AP) test on the 10 swabs retrieved from Saiful. The AP test was on Saiful's trousers and underpants.

“I do not intend to mislead the court (by testifying so). It is also not a question of honesty. I misread the evidence. It would be good to have some evidence in this matter, as in this case. The documentation in this case has been restricted as the amount of evidence (given to the defence) is limitedly given by Seah.”

There has been an order to limit the access of documents to the defence, although presiding judge Mohamad Zabidin Mohd Diah had initially ordered the prosecution to supply the required documents to the defence.

Explaining further on the issue of degradation and his pristine comments, McDonald said it was limited to the swabs B7, B8 and B9.

“Her (Seah's) comment was, there was degradation, but she cannot see it.

“We have a history (of other cases) of high level degradation, but the evidence shows no amount of degradation in Male Y DNA or the sperm fraction.”

The case continues on Sept 29, with hearing of the application to set aside the subpoenaes served on Prime Minister Najib Abdul Razak and his wife Rosmah Mansor.

The trial proper continues between Oct 3 and 7 before Justice Zabidin.

British lord urges probe into House of Taib

By KERUAH USIT
Sarawak Chief Minister Taib Mahmud faces further international scrutiny of his fortune, amassed over 30 years while in charge of Sarawak's land and timber resources.

A British crossbench (non-partisan) peer, Lord St John of Bletsoe (left), a noted advocate of environmental protection, has urged his government to follow the example of Germany and Switzerland in launching investigations into Taib's(right) alleged corrupt logging practices and capital flight to Europe.

According to the Hansard, Lord St John directed his call to Baroness Verma, Minister in the Department for International Development, in the upper chamber of the British Parliament during a debate on deforestation on Sept 13.

"My Lords, can the noble Baroness give any indication as to whether our Government will be following the moves by Switzerland and Germany to investigate money-laundering of the proceeds of timber corruption by the chief minister of Sarawak in Malaysia?" he asked.

Baroness Verma replied: "The noble Lord talks about a specific case, which I will not refer to. In a more general response, I would like to say...that we are ensuring that we respond proactively to the difficulties we are all facing with this issue."

Sarawak logging: No best practices

"What other measures are being taken to identify and sanction those large international logging companies which do not ensure best practice in sustainable logging?" Lord St John asked, in apparent reference to Sarawakian loggers, close allies of Taib's administration.

Sarawak's home-grown timber behemoths, such as Samling, Rimbunan Hijau and Ta Ann, have exported their unique expertise to four continents.

For example, Ta Ann Holdings, a Sibu-based logging company boasting annual revenues of more than RM827 million, has been hogging international headlines recently.

Ta Ann has also been in the crosshairs of environmentalist direct action protestors in Tasmania, Australia, as well as the influential Greens Party leader, Senator Bob Brown.

The company was granted access to extract timber from Tasmanian forests, and was even subsidised to do so by the Australian government, to the tune of AUS$10 million (RM32 million).

Ta Ann had declared a credulity-straining A$11 million loss (RM54 million) in Australia in the last financial year, despite this enormous subsidy.

Ta Ann is chaired by Taib's cousin Abdul Hamed Sepawi. This kinship follows a pattern of Taib's influence in many of Sarawak's richest companies.

Taib and Hamed Sepawi's cosy relationship has raised alarm among international conservation NGOs, like the Bruno Manser Fund (BMF), and the somewhat less confrontational World Wildlife Fund (WWF).

International clampdown on errant firms

In response to Lord St John's pointed questions about Sarawak, Baroness Verma emphasised to the British Parliament that "multinational companies that deal in illegal logging will find that the penalties for this will be severe.

"That is the agreement we are trying to get from all our partner countries so that it is not just a small group of countries that are willing to apply severe penalties, but that the penalties will be severe at every border that illegal timber comes through."

The importance attached to multinational co-operation, in fighting corruption and deforestation, is evident in the robust global campaign run by the BMF against Taib's administration.

The BMF has succeeded in piquing the interest of Germany's BaFin and Switzerland's Finma, the Financial Supervisory Authority of each country, to investigate the BMF's allegations of Taib's money-laundering via the Deutsche Bank and Swiss banks.

The US State Department, too, seems to harbour no illusions about Taib. Wikileaks released a 2006 confidential US embassy cable stating, rather undiplomatically, that the Sarawak "state government remains highly corrupt and firmly in the hands of its chief minister.

"The $82 million (then RM300 million) state assembly building now under construction serves as perhaps the most obvious and extreme example of the self-enrichment of the state's chief minister."

The BMF has also urged ministers and the Canadian police to look into theTaib family's vast property fortune in that country.

The Royal Canadian Mounted Police (RCMP) refused to confirm or deny it was investigating Taib, in order, it said, to preserve evidence, international relations and reputations.

However, the RCMP wrote, in its letter to the BMF, that it "respects the efforts the Bruno Manser Fund has undertaken with regard to the depletion of tropical forests and the plight of indigenous peoples."

The RCMP insisted that "those who commit serious capital markets fraud offences will be discovered, investigated, prosecuted, and incarcerated."

Malaysia's Anti-Corruption Commission (MACC) has announced its own probe into corruption allegations swirling around Taib and his family, but has refused to report on any progress.

The MACC must be acutely aware of the increasing international attention being brought to bear on Taib. But it remains doubtful that 'investigation' or 'incarceration' is on the cards.

Publicity stunts butt of jokes

Taib has tried to repair his tattered international reputation by consorting with Prince Albert of Monaco, together with Malaysian premier Najib Razak and his wife Rosmah.

According to investigative reporting website Sarawak Report, Taib also hired the British publicity firm FBC to provide sycophantic interviews screened by the CNBC and BBC.

Taib also donated to academic causes such as Oxford's Said Business School, and the University of Adelaide, his alma mater in Australia.

However, these public relations efforts have backfired somewhat.

The University of Adelaide named a campus plaza 'Taib Mahmud, Chief Minister of Sarawak Court' in 2008.

Observers joked that Taib's appearance at the ceremony to honour him was the only time Sarawakians are ever likely to see their chief minister in court.

"The Chief Minister's personal generosity has continued in numerous ways over the years," said Vice-Chancellor Professor McWha, according to the Adelaidean, a campus newsletter.

This led to calls in March for the Vice-Chancellor to resign.
This embarrassment was reminiscent of the scandal that forced the head of the London School of Economics (LSE), Howard Davies, to quit in February, after details emerged of donations to the LSE from Saif al-Islam, son of Libyan dictator Muammar Gaddafi.

However, crucial differences remain between the two scenarios: Taib carries more electoral legitimacy, as head of an elected government, than Gaddafi or his sons did. Taib's rule, though almost as long as Gaddafi's, was also less brutal.

And Taib is, after all, likely to retain the bulk of Sarawak's 31 parliamentary seats, up for grabs in the upcoming general election.

If, as expected, he helps preserve Barisan Nasional's perfect winning record, he will continue to enjoy the protection of the federal BN and premier Najib, regardless of the storms brewing beyond our home shores.

KERUAH USIT is a human rights activist - 'anak Sarawak, bangsa Malaysia'. This weekly column is an effort to provide a voice for marginalised Malaysians. Keruah Usit can be contacted at keruah_usit@yahoo.com

Separate AG from prosecutors’ office

Legal eagles call for a constitutional amendment to separate both offices as it creates a conflict of interest.



PETALING JAYA: The Federal Constitution should be amended to separate the Attorney General’s Chambers (AG) from the public prosecutors’ office, said Bar Council president Lim Chee Wee.


Under Article 145 of the Federal Constitution, Lim said the AG had almost absolute power on whether or not to prosecute an alleged criminal.

“Even the courts cannot compel the AG to charge someone if the latter refuses to do so,” he pointed out.
Lim said the AG, while serving as the highest ranking public prosecutor in the country under Section 376(1) of the Criminal Procedure Code, also served as the main legal adviser to the Executive.

“The fused roles may a give rise to conflict of interest, possibly leading to both selective and unfair prosecutions, whether done consciously or not. To remain truly impartial towards the Executive whilst performing duties as a public prosecutor would be a difficult feat for the AG,” he added.

Citing India as an example, Lim said the distinction between the AG and the public prosecutors’ office was cleary defined to remove any perceived biasedness with regard to the conduct of the AG.

“The president there appoints the AG under Article 74 of the Indian Constitution and is the principal legal adviser to the government. But the public prosecutor and his team are appointed by the central or state government under Sections 24 and 25 of the Indian Code of Criminal Procedure 1973,” he said.

‘Make AG answerable to Parliament’

Lawyers for Liberty adviser N Surendran echoed this, saying that as the legal adviser to the Cabinet, there could be a conflict of interest when the AG dealt with day-to-day legal issues in court.

Citing the example of the United Kingdom, Surendran said, the AG had no prosecution powers and was more focused on providing legal advice to the ruling government.

To create check and balance, he said, the AG should also be made answerable to Parliament.

“Currently the law minister answers all queries with regard to the AG. The latter’s position has become a ‘weapon’ for the powers-that-be,” he added.

Surendran also said that the AG should be accorded protection under the law from any abuse from the Executive.

He suggested that the AG be given similar protection as a judge where the latter could only be removed through the formation of a tribunal.

“Currently, the AG is totally under the mercy of the prime minister,” he added.

‘Limit AG’s term’

Transparency International president Paul Low said that currently the AG must comply with the direction given by the government of the day.

“And since the AG is appointed by the government of the day, he may be beholden to them,” he said, suggesting that the AG’s term in office be capped in order to curb the creation of fiefdoms.

“And I agree that he should be made answerable to Parliament,” he added.

While agreeing to the separation of powers, human rights lawyer Edmund Bon however disagreed with imposing a term limit for the AG.

“If the AG is good, I don’t see a problem having him in office for a longer time,” he said.

Constitutional expert Shad Saleem Saleem Faruqi, although agreeing to the separation of powers, stressed that the function of any system would depend on the people managing it.

“Ultimately, it is the integrity of the person holding the position which would determine the quality of the office held,” he said.

Canada alerted on Taib's alleged money laundering

Canadian authorities have been alerted regarding alleged money-laundering activities linked to Taib Mahmud's family, but has neither confirmed nor denied if an investigation will be carried out.

Swiss-based Bruno Manser Fund (BMF) said it has received acknowledgement from the Canadian Department of Justice for the NGO's letter to Prime Minister Stephen Harper in July, over Sarawak Chief Minister Taib Mahmud's family's properties holdings in Ottawa.

“The Bruno Manser Fund can confirm that our letter aroused great interest amongst the Canadian government and was brought to the attention of several top politicians, including the Minister of Finance, James M Flaherty, the person who is ultimately responsible for money-laundering issues,” said BMF in a statement yesterday.

According to the NGO, Canada's Department of Justice had told them, "You may be interested to know that the RCMP (Royal Canadian Mounted Police)'s Integrated Market Enforcement Team is a group of highly acknowledged specialized investigators that are dedicated to ensuring that those who commit serious capital markets fraud offences will be discovered, investigated, prosecuted, and incarcerated in an effective and timely fashion.”

However, said BMF, the authorities would not disclose if investigations are being undertaken.

“The RCMP does not normally confirm or deny the existence of any criminal investigation.

“These types of investigations are conducted confidentially to protect evidence, international partnerships and reputations. A public statement is not issued identifying suspects until the matter is one of public record," BMF quotes chief superintendent and criminal operations officer Serge Therriault saying.

Therriault, says BMF, works with the RCMP's 'A' division responsible for investigating international cases of bribery, embezzlement and money laundering.

Earlier this week, Germany's Finance Ministry acted upon BMF's similar complaint by ordering an investigation into Deutsche Bank's business relations with Taib's family this week.

Canada heart of the empire

BMF meanwhile, in their letter to the Canadian PM, said they believed that Ottawa-based property developer Sakto Corporation belonging to the Taib family was involved in money laundering.

The letter to Harper, copied to various Canadian ministers and high level officers, urged the government to investigate Sakto and members of the Taib family.

Sakto, says BMF, owns and administers properties in the city in Ontario, worth well over an estimated US$100 million.

It is also at the heart of the Taib family's property empire in UK, US and Australia, it said.

Sakto is run by Taib's daughter Jamilah Hamidah Taib and her Canadian husband Sean Murray (both in photo above) as its sole directors. It was founded by Taib's brother Onn Mahmud and the CM's two young children in 1983.

The company also owns California-based Sakti International Corporation and Washington-based Wallysons Inc, owner of the building that houses the Seattle FBI, as well as UK-based Ridgeford Properties that holds luxury properties in central London.

Jamilah also holds major shares in Cahya Mata Sarawak (CMS), “Sarawak's largest private company” that used to own RHB Bank.

CMS, says BMF, “ lives to a large extent off non-publicly tendered government contracts, which are being awarded by the Sarawak Chief Minister to his family members.”

Earlier this February BMF released a list of 49 companies worldwide that it claimed were linked to Taib's family, in an effort to encourage the governments involved to freeze the CM's “illicit assets”.

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Pakatan claims credit for ISA repeal, law reforms

By Shazwan Mustafa Kamal

September 16, 2011

 

KUALA LUMPUR, Sept 16 — Pakatan Rakyat (PR) leaders have taken credit for Datuk Seri Najib Razak’s decision to repeal the Internal Security Act 1960 (ISA) as well as several law reforms, saying the prime minister’s move was a direct rip-off from their Buku Jingga plans.

Opposition leaders have chosen to remain cautious over the PM’s announcement, but at the same time said that the “bold reforms” vindicated PR’s struggles for “the past few decades.”

Pua said ‘Najib lifted everything from our Buku Jingga. Every single thing.’ — File pic

“We are vindicated by the announcement but are still hesitant to pop the champagne as we await the fine print.

“Oh, and Najib lifted everything from our Buku Jingga. Every single thing. Najib has just proved and vindicated our struggles over the past few decades,” DAP national publicity secretary Tony Pua told The Malaysian Insider.

Najib announced last night his intention to repeal the ISA and the remaining three Emergency Declarations when both the Dewan Negara and Dewan Rakyat have their next sitting.

In his Malaysia Day address, the prime minister said new laws will be enacted to protect the peace, harmony and security of the country, adding the government will do away with annual printing and publishing permits with permits that can be cancelled if regulations are flouted.

Pua said that Najib’s announcement last night proved the success of public pressure against the government, citing the recent July 9 Bersih rally as one of the catalysts for last night’s announcement.

PKR vice-president Nurul Izzah Anwar echoed Pua’s remarks, and pointed out that most of the law reforms announced by the PM had first been mooted by PR via its Buku Jingga reform plans.

The Buku Jingga plans include, among others, a promise to abolish the ISA once the opposition assumed federal power.

Nurul Izzah noted although Najib had decided to revoke the Emergency Declarations, the government had previously rejected the same idea when PR first mooted the Emergency Revocation Bill in Parliament last March.
“Nonetheless, it is crucial that these changes introduced are meaningful and lasting by ensuring Malaysians are not subjected by reintroduction of draconian legislation in any guise or form.

“In fact, if he can announce all these measures, Datuk Seri Najib must immediately implement comprehensive reforms to the electoral system as demanded by Bersih 2.0 and all others,” she told The Malaysian Insider.

Nurul Izzah hoped the changes introduced are meaningful and lasting.

Najib also said last night that two new security laws would be introduced for preventive detention which would be limited only to cases of terrorism and “ensure that basic human rights are protected.”

 

The PM said that under the new laws, detentions could only be extended by the court and therefore “the power of detention will be shifted from the executive to the judiciary, unless it concerns terrorism.”

Before a studio audience of 800 including his entire Cabinet, he also announced that the Banishment Act would be abolished while he will do away with the need for annual publishing permits under the Printing Presses and Publications Act (PPPA).

The Umno president also said that the Police Act would be amended to allow for freedom of assembly according to international norms, although street protests would still be outlawed.

Pua however questioned the potential new laws to be put in place, and suggested that the new legislation may just be “cosmetic” improvements of the old ones.

“The fine print could mean that the new laws to be introduced as replacement for the old laws may be little but cosmetic improvements of the old. We have seen that with the amendments to UUCA (Universities and University Colleges Act) in 2009. Or the Malaysian Anti-Corruption Commission (MACC),” he told The Malaysian Insider.