You are currently browsing the monthly archive for November 2008.
Barack Obama won the US presidential elections on November 4, 2008. He had always been critical of the Guantanamo Bay “Torture Central”.
In fact, earlier this week he reiterated the word he gave as regards one of the most hated symbols of American bullying. Read here about his renewed pledge to shut down Gitmo.
Yesterday, in a first decision of its kind, the US judiciary showed its balls. Not to say they never did before. But it seems to echo the new administration’s policy already, and Obama has not even taken office yet (He’s due to formally take office on Jan 20, 2009).
Check this out.
Judge orders release of 5 terror suspects at Gitmo
WASHINGTON – A federal judge on Thursday ordered the release of five Algerians held at Guantanamo Bay, Cuba, and the continued detention of a sixth in a major blow to the Bush administration’s strategy to keep terror suspects locked up without charges.
In the first case of its kind, U.S. District Judge Richard J. Leon said the government’s evidence linking the five Algerians to al-Qaida was not credible as it came from a single, unidentified source. Therefore, he said, the five could not be held indefinitely as enemy combatants, and should be released immediately.
Looks like Obama is walking the talk. And the judges follow suit.
Can you see the parallels here with Malaysia? Well, since March 8, we have seen some surprises from our judges.
Justice Komathy for one. Justice Syed Helmi for another. Do we have a newly independent judiciary? This article examines the issue.
Of course there a lot of people for whom these two decisions gave indigestion will say one of two things.
The Hamid Albar school of thought. He who takes his Home Minister role too literally will think the draconian Acts like ISA and the likes give him the divine right to send people to jail regardless of the rules of culpability and evidence, and such tedious legal requirements.
The Umno plebeians who will just dismiss all those involved in the legal profession as liars, cheats and dirty people. Though I will say to the Umno apologists that hey, for liars, cheats and dirty scumbags, they may not have to look further that the current bunch running for high office in the party elections.
And what I say is based on what’s available on public record.
By the way, it will be cool to interview former High Court judge Datuk KC Vohrah. I’m sure he will love to share some juicy titbits, if he is the talking type.
And of course “Mr Irrelevant” Datuk Augustine Paul. Wonder if his conscience has returned, after those kangaroo court days.
Of course by mentioning these two judges, i’m not implying that they are cut from the same cloth. Those two are as different as chalk and cheese.
Bomoh. Defined by Webster’s Dictionary as witch doctor.
Economics. According to the Wikipedia folks….
Economics is the social science that studies the production, distribution and consumption of goods and services.
A local economics lecturer James Chin has come up with an interesting article in the Malaysian Insider to describe the supply side economics.
Here’s the link to the story, which incidentally talks more about the powers-that-be’s economics of convenience rather than bomoh/voodoo business.
Makes sense. After all bomoh/pawang and other sorts of witchdoctors, shamans and mediums (one of whom got swallowed by a python a decade or so ago, because he was small rather than medium) are part and parcel of life, not only in this region called Nusantara but also throughout the world.
In Malaysia, we had these bomohs feature in the most sensational murder trial of the 90s, the Mazlan Idris case. Well, I’m sure you all know that Mona Fandey, her hubby and their assistant were hanged for the gruesome, chop chop murder.
Motive? Money apparently. Money (or the mother of them all) was why the late assemblyman of Batu Talam went to these dodgy couple. Money was apparently why they killed him.
Bomohs also featured in the former Renong Bhd head honcho Halim Saad’s divorce case, and I read about it sometime ago not in the blogs or the gossip rags, but in the Asian Wall Street Journal. Now, I mention this here only because Halim Saad was once one of the captains of local economy. Once. Before the excesses started going public.
Familiar story? Yeah, it happens all the time.
Back to the main story, Bomohs have figured in everything Malaysian from elections to ensuring rain, or a sunny day or even ensuring a win on the football pitch. And we thought that Bolehland bookies were the ultimate fixers. Sheesh.
Anyway, sorry for being so cheong hay about the whole Bomoh business. I suggest you guys read the James Chin piece, written with a good dollop of cynicism.
The DNA Identification Bill 2008 has been a contentious one since it was introduced in Parliament on August 17. Lots of Malaysians would not have remarked much on it since everyone’s attention was focused on the Permatang Pauh by-election.
It was passed in principle barely 11 days later, after the second reading, on Aug 28, 2008. The Opposition MPs in Parliament even staged a walkout to protest the move.
Why?
A DNA Databank is good, don’t you think? I think so too. However, this is an area covering liberty and freedom. And in Malaysia, more often than not these days, your freedom depends on whether the Police and the Home Minister think you are a threat or not.
Not whether you have been convicted of a crime.
At a time when the public confidence in the Police and the Home Ministry is at an all time low, provisions in the DNA Bill is worded to give them carte blanche.
This is the gist of the arguments against the passing of this Bill by the Opposition. Also, the manner in which it was rushed in Parliament (cutting queue) over the Universities and Colleges Bill also raises concern, especially since Anwar Ibrahim’s trial was due to start on September 12.
You may think the manoeuvres are just political, for a political end. But consider this, whatever law passed by Parliament will have repercussions in the future well beyond what you and I can fathom at this moment. Hence the worry.
Let’s examine some of the clauses, provisions and other stuff.
Function of DNA Databank
5. The function of the DNA Databank is to store DNA profiles and any information in relation thereto from any forensic DNA analysis carried out by the Chemistry Department of Malaysia or Forensic Laboratory of the Royal Malaysia Police, or any agency or body as may be designated by the Minister from time to time by order published in the Gazette.
Power of Minister to designate agency or body to carry out forensic DNA analysis
6. (1) The power of the Minister to designate any agency or body to carry out forensic DNA analysis under section 5 shall only be exercised in the event the Chemistry Department of Malaysia or Forensic Laboratory of the Royal
Malaysia Police is unable to carry out any forensic DNA analysis.
(2) The Minister may, in the order referred to in section 5, specify that the forensic DNA analysis to be carried out by the agency or body so designated shall only be for the purposes mentioned in subsection 4(2) subject to such terms and conditions as he may impose.
Wow! Home Minister is really directing things here.
Appointment of Head of DNA Databank, Deputy Head and other officers
7. (1) The Minister shall appoint a police officer not below the rank of Deputy Commissioner of Police as Head of the Forensic DNA Databank Malaysia for such period and on such terms and conditions as may be specified in the instrument of appointment.
The Head has to be a POLICE OFFICER! And wait, it gets better and better.
Sec 13 (7) A police officer may use all means necessary for the purpose of taking or assisting the taking of a non-intimate sample from a person.
ALL means necessary. You figure out the permutations of that implication. To make it more vivid, imagine yourself accused of a crime.
Sec 15 talks about the administration of samples given voluntarily. But it is somewhat schizophrenic when you consider that in Sec 14 there is this clause.
Refusal to give sample
14. If a person from whom a non-intimate sample is to be taken under this Act
(a) refuses to give such sample;
(b) refuses to allow such sample to be taken from him; or
(c) obstructs the taking of such sample from him,
commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
I’m sure most of you English-literate readers have heard of of the term Catch 22. This section encapsulates that Joseph Heller-coined phrase. You’re screwed, whatever you do.
Information from the DNA Databank to be conclusive
24. Notwithstanding any written law to the contrary, any information from the DNA Databank shall be admissible as a conclusive proof of the DNA identification in any proceedings in any court.
Now this gets really scary. What this section is telling you is that if your DNA is found at a scene, it places u there. Suppose you cry on some guy’s shoulder and he later on goes somewhere and gets killed, you are a suspect, based on the DNA from your tearstains.
And how can this be conclusive? DNA evidence around the world are meant to be corroborative and has to work with other evidence, circumstantial or otherwise, in determining guilt or innocence of the accused. DNA fingerprinting itself is not foolproof, as numerous instances how.
Remember that the earlier sections authorised a police officer to employ “all means of getting your DNA”. Now tell me, shouldn’t you worry?
Protection against actions and legal proceedings
25. No action, suit, prosecution or other proceedings shall lie or be brought,
instituted or maintained in any court against―
(a) the Minister;
(b) the Head of DNA Databank;
(c) the Deputy Head of DNA Databank;
(d) DNA Databank officers;
(e) a government medical officer; or
(f) a chemist,
in respect of any act, neglect, default or omission done by him in good faith in carrying out his powers, functions and responsibilities under this Act in such capacity.
So, say you are innocent and yet was made to suffer as a suspect, you can’t even seek redress in a court of law. So tell me, under the full might of the government, you are worth nothing. So you’re innocent of the crime? Oops, too bad.
Savings and transitional
27. Any existing DNA profile and any information in relation thereto kept and maintained by the Chemistry Department of Malaysia or Royal Malaysia Police, immediately before the coming into operation of this Act shall, on the coming into operation of this Act, be deemed to have been kept and maintained in and to form part of the DNA Databank established under this Act in accordance with
indices applying.
That just means this law is retroactive. That means all those who had been examined and had their samples taken before by the police, will come under this rule.
Even when you watch CSI you would see a lot of instances of evidence deemed inadmissible in court because improper procedure and not following the safeguards that the law put in place so that the innocent is not persecuted and procsecuted.
This Bill, in its current form, has not taken into account all the safeguards necessary. We do need a DNA Bill. It has to be looked at and debated and thoroughly examined so that it does not compromise that one important thing. JUSTICE.
To that end, I implore you readers to reject this bill in its current form. Let’s get the AG’s chambers to work harder for a comprehensively researched work that will stand the test to time. After the way they botched the Batu Putih case, I am sorry my confidence in them is nonexistent.
To record your disagreement with the bill, go here.
I am no lawyer, but this bill already looks dodgy to me. Do you wonder why the Penguins are up in arms?
This Bill gives too much powers to the police at a time when they stand accused of brutality and heavy handedness with the public. They are behaving like thugs and you wanna put this time bomb in their hands?
You think it was just another lazy Sunday in Kuala Lumpur? Well it was, up until this evening at the vicinity of the Amcorp Mall.
Four weeks of candlelight vigils in support of those detained under the infernal (well, draconian is a word that that’s been flogged to death don’t ya think?) Internal Security Act. They largely passed unnoticed by Malaysians getting increasingly desensitised by the spectacle of civil disobedience.
Even the cops left it largely alone. Until tonight. The Star has parts of the story.
This was two occasions that coincided. An event commemorating the first anniversary of the ground-breaking Nov 5 BERSIH rally and the continuation of the anti-ISA candlelight vigil.
The dogs came out. You know what I mean.
And they started the abuses (verbal and physical). There seems to be a special lookout for Indian looking men. Targets. So if you were an Indian-looking (read: Hindraf) guy who just came after shopping at Amcorp Mall, you’re f*****d.
Oh, not that the women and kids were spared. There were some accounts of women being roughed up. Some hit on their head with the FRU batons, left bleeding. Kids with scrapes and scratches.
I hope the cops, SB and FRU folks realise they have wives and kids too. But wait, I heard that some of these folks looked like caged animals, with that barely controlled rage waiting to be unleashed, when they were gearing up.
Meth? Your guess is as good as mine. But then again, some testosterone junkies do not need any other drugs. They feed and thrive on aggression and violence.
I guess tomorrow you will hear more about the injured women.
Neither was the press spared. Shukri Mohamad of Malaysiakini was hauled up. Last tally, 24 people arrested and brought to the Petaling Jaya police hq. They include PJ Utara MP Tony Pua, Lau Weng San (Kampung Tunku Assemblyman) and Selangor executive councillor Ronnie Liu, blogger Gus Gan and many more.
Nice.
Early this year, the people who were pushed beyond endurance, pushed back, resulting is appalling losses for the ruling coalition.
I guess they still haven’t learnt.
But, you know what, fellow Malaysians? There will come a time that the worm will turn in a big way.
When the day comes, God help us all.
I just heard from a fellow blogger Elviza that Raja Petra Kamarudin will be released today.
God bless Justice Syed Helmi who ordered his release, calling it illegal. Read Malaysiakini for details.
Welcome back Pete! We missed you like hell.
Ok…now i gotta go back to my clients.
P/S It occurs to me that this may call into question the whole prerogative of the Home Minister under the infernal Internal Security Act.
read this….courtesy of NST
Tajuddin uses ‘b*****d’ on Kulasegaran
THE Dewan Rakyat saw a new low in unparliamentary language when a backbencher used the word “b*****d” on an opposition member.
Datuk Tajuddin Abdul Rahman (BN-Pasir Salak) used the word on M. Kulasegaran (DAP-Ipoh Barat) after the opposition member of parliament said Tajuddin was “hated by the Indians in Pasir Salak”.
Tajuddin was visibly upset and shouted “b…..d” twice at Kulasegaran.
“How do you know this? You bloody b*****d? Show me proof,” he shouted to the shock of members from both sides of the political divide.
Opposition MPs jumped up to protest. Deputy Speaker Datuk Wan Junaidi Tuanku Jaafar told Tajuddin to retract the word.
Tajuddin said he would do so only if Kulasegaran did the same.
“He said I am hated by the Indians in Pasir Salak. How does he know that?”
Kulasegaran said his sentiments could be considered fair comment.
“I was the MP for Teluk Intan, which is the neighbouring constituency of Pasir Salak. I have friends and relations there (Pasir Salak). Surely I am allowed to speak the truth.”
Wan Junaidi told Kulasegaran that he had provoked Tajuddin by using the word benci.
“That is strong. You should not have used it. I think you should withdraw that word and I will instruct him (Tajuddin) to withdraw the unparliamentary word he had used.”
Kulasegaran said: “I have heard a lot of unparliamentary words. This is the first time I hear that ‘hate’ is not an acceptable term. I will withdraw it and replace it with ‘don’t like him’ (tak suka).”
Wan Junaidi then instructed Tajuddin to do the same.
“I withdraw the word but he (Kulasegaran) shamed me. It is karut (nonsense). We can settle this outside (if Kulasegaran is not happy),” Tajuddin said.
However, Lim Lip Eng (DAP-Segambut) was not satisfied with the decision by the chair and wanted clarification on why Tajuddin was let off scot-free when Karpal Singh was suspended two weeks ago for asking the speaker to be serious and jangan main-main.
“(The MP for) Pasir Salak used the word b*****d twice and nothing was done. Why is there a double standard?”
Wan Junaidi said the decision on that occasion was made by Speaker Tan Sri Pandikar Amin Mulia.
“What he (Tajuddin) said has been retracted. The issue has been resolved. If you want to understand the issue, you should see me in my room.”
This guy must be an embarrassment even to the party represents now. What appalling behaviour!
Karpal Sing was suspended for “insulting” the speaker when he said “jangan main main” a few weeks ago. Calling your fellow MP a BLOODY BASTARD inside the august Dewan Rakyat surely ranks as so much more reprehensible and indefensible.
Yet Wan Junaidi let him get off. But then, Wan Junaidi in his Napoleon the Pig’s scheme of thought, thinks this is alright.
These are folks who think they have a divine birthright to continue ruling Malaysia.
WTF?!!
Yes!!
United States of America got its first black president-elect in history today (or November 4, 2008 over there in US).
Here’s the AP report and please, rejoice at all the Blue States that gave Obama what American media is calling a landslide victory.
Can’t imagine just how many millions of people will be rejoicing worldwide, including me in little old Malaysia.
This news made my day. Indeed I must say it made my year!
So after eight bloody years of Bush, the Democrats are back in the saddle.
Obama gets sworn in on Jan 20. Congratulations America, for not choosing the white-haired dude.
I’m gonna celebrate tonite. Anyone wanna join me?
