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Rabu, 5 Ogos 2009

Teoh’s family advises his former colleagues to resign

By Syed Jaymal Zahiid

SHAH ALAM, Aug 5 — Still distraught over his sudden death, the family of Teoh Beng Hock has advised his colleagues to look for other jobs.

"They urged some of my assistants, Teoh's former colleagues, to quit. The family said they were afraid that they might meet with the same fate," Selangor DAP executive councillor Ean Yong Hian Wah, who was Teoh's boss, told reporters outside the court where the inquest into Teoh’s death is being held.

Teoh, a political aide to Ean, died mysteriously at the Malaysian Anti-Corruption Commission (MACC) headquarters here. He was being questioned as a witness in the anti-graft body's probe into the alleged misappropriation of state funds by Pakatan Rakyat lawmakers prior to his death.

The inquest kicked off its first day today with a total of 97 witnesses listed for questioning including Mohamad Anuar Ismail, the MACC officer who led the team that questioned Teoh.

The team of lawyers representing the government and led by criminal lawyer Tan Hock Chuan said it was trying to squeeze in 12 witnesses for questioning today.

Teoh inquest: No match to unknown DNA found

By Debra Chong

SHAH ALAM, Aug 5 — The inquest into DAP political aide Teoh Beng Hock's death began this morning with lawyer Tan Hock Chuan, who is leading the Attorney-General's team, disclosing that swabs from 157 people were analysed but none matched the DNA of the unknown male found on Teoh's jacket and belt.

Lawyer Gobind Singh Deo, representing the Teoh family, then asked the court to note that samples of Tan Boon Wah and Lee Wye Wing, who had earlier refused to give their DNA samples, were also not a match.

Earlier, Hock Chuan gave a list of 97 witnesses and suggested that the inquest start with 12 including three chemists and three pathologists. He also said the toxicology, criminology and DNA reports were ready.

The coroner then called two witnesses — the female security guard who found Teoh's body and a male technician from Plaza Masalam. The technician, Mohd Ridzuan Samsuri, said there were only two ways to access the fifth-floor balcony where Teoh was found — through the rooftop or a grilled window on the same floor.

He said the grille was always locked and only maintenance and security had the keys and there was a record kept of who accesses the area.

The 30-year-old political secretary was found dead on the rooftop of a five-storey building next to Plaza Masalam, where the Malaysian Anti-Corruption Commission (MACC) has its Selangor head office on the 14th floor, last July 16.

He had been taken in as a witness in a probe into alleged misuse of state funds. He was due to register his marriage to his two-month pregnant fiancee Soh Cher Wei the day he was found dead.

The Cabinet has formed a royal commission of inquiry into MACC's investigation procedures after it was revealed that Teoh was questioned from 6pm to 3.45am the next day.

Malaysia court charges 29 over mass protest

AFP - Tuesday, August 4

KUALA LUMPUR (AFP) - - A Malaysian court on Monday charged 29 people, including a teenage boy, for taking part in a massive weekend protest against internal security laws that saw 589 people arrested.


In the biggest demonstration in Malaysia for nearly two years, police used tear gas and water cannon to disperse thousands of people calling for the abolition of laws that allow for detention without trial.

Most of those detained were released over the past two days but the 29 still in custody were charged at a Kuala Lumpur court with taking part in an illegal rally or aiding an illegal organisation.

Among them were five women, including Norlaila Othman whose husband has been held under the Internal Security Act (ISA) for seven years, and a 16-year-old teenager.

In Malaysia, it is illegal to hold a demonstration without a permit from police, who rarely give the green light.

The 29 all pleaded not guilty and were released on bail. If convicted, they could be jailed for between one and three years, depending on which of the two charges they face.

Defence lawyer Azizul Shariman Mat Yusoff denied the group that mounted the protest was an illegal organisation.

"The Abolish ISA Movement is a coalition comprising 83 registered NGOs and political parties," he told the court.

Prime Minister Najib Razak has denounced the protest, saying he has already promised to review the controversial legislation.

But the opposition and rights groups are calling for the colonial-era ISA -- which has been used to detain government opponents as well as suspected terrorists -- to be abolished.

Father took two days to locate his arrested children

By Asrul Hadi Abdullah Sani

KUALA LUMPUR, Aug 3 — Kadeni Jamali took two days trying to locate his children after he received a message from one of his sons telling him that they had been arrested before their phones were confiscated by the police.

“I was at home when I received the message that he was in a police station but I did not know which station it was. It took me two days to find them,” he said.

His two sons and an adopted son were on their way from Tapah, Perak to visit their uncle in Kajang. In the train, the children met with their friends who were part of PAS’s Unit Amal (security team). The children decided to join their friends since it was already late. On their way to their destination, they were stopped by the police and arrested at 3.40am on Saturday. The children were brought to Brickfields police station.

The three children were among about 600 people arrested for taking part in the march against the ISA on Saturday.

Kadeni only found out the whereabouts of his children when he received a call from a lawyer at 3am on Sunday.

“The lawyer called me and told me that two of my sons are in Bukit Jalil and one, who is underaged, is in Petaling Jaya,” he told reporters at the Kuala Lumpur High Court.

The father lost his composure and tried to hold back his tears when a reporter asked the ages of his children.

The children are Faizuddin Hazman, 16, Kamarul Nadir, 18, and Abu Ubaidah, 20.

The 51-year-old father was disappointed that the police did not bother to inform him that his children had been arrested.

“I really regret that the police never tried to contact me, it took me two days to find them. The police should have told me.”

Kadeni told reporters that the police did not give any reasons for the arrests and told him that his children are still under investigation.

He stressed that his sons are innocent and are not part of PAS's Unit Amal.

Lawyer Fadiah Nadwa told reporters that the lawyers would be filing a revision on the remand order for Faizuddin.

“The remand order is not valid because he is still a child and no Welfare Department officers have been notified, and he was handcuffed and put into a lockup with adults. The most important thing was that he was remanded without lawyers,” she said.

The father also confirmed that he would be lodging a police report after his son’s cases today.

Lawyers say Sivarasa and 62 others are target of selective prosecution

By Syed Jaymal Zahiid

KUALA LUMPUR, August 2 — Lawyers representing the remaining 63 people including a juvenile and a PKR leader who are still under police detention after being arrested for joining the anti-ISA rally yesterday claim they are the target of selective prosecution.

Human rights lawyer and PKR communications director Johnson Chong accused the police of acting under government instructions to single out the 63, out of the 589 people arrested, as hardcore anti-ISA activists.

Chong said, unlike most cases, the authorities have shown extreme commitment in pursuing this case, referring to the attempt by the police to extend remand periods to four days for those detained, including two juveniles, Ammar Bad Latif,13 and Suhaib Mat Sah, 16.

The Magistrate residing over the remand hearing, however, denied the request made by the police and the two were freed this afternoon.

Even so, the two will not escape prosecution and will be asked to return to court to be charged.

The zealous attempt to extend their remand order, said Chong, was definitely politically motivated.

The mothers of the two children, Nashita Md Noor and Norlaila Othman, who were also arrested at yesterday’s rally, are members of the protest organisers, the Anti ISA Movement (GMI).

Furthermore, Suhaib’s father and Norlaila’s husband, Mat Sah Sartray is an ISA detainee. He was arrested for his alleged involvement with an alleged militant group KMM.

“There were some 40 other juveniles that were arrested yesterday so why single out these three youths and release the other. This is definitely selective prosecution,” Chong told The Malysian Insider.

Anwar’s lawyers accuse prosecution of trial by ambush

By Debra Chong

PETALING JAYA, Aug 4 – Opposition Leader Datuk Seri Anwar Ibrahim’s lawyers today accused the prosecution in his Sodomy II trial of misconduct for omitting evidence required by law, including two medical reports which showed the complainant did not have any signs of anal penetration.

Speaking to reporters at the PKR headquarters here today, Anwar’s lawyers Sivarasa Rasiah and Edmund Bon stressed that a recent certificate under Section 51A(1)(c) of the Criminal Procedure Code (CPC) signed by the public prosecutor and which is needed before the trial proper can start, was defective.

Under the law, the prosecution is required to mention the existence of all relevant evidence, including that which is favourable to the defence, as part of the discovery process.

Bon claimed the existence of two medical reports from a private hospital and the government-run Hospital Kuala Lumpur, on Anwar’s sodomy complainant, Mohd Saiful Bukhari Azlan, showed there was no anal penetration.

He cited this as an example of evidence which was favourable to the defence.

“The Section 51A(1)(c) submitted is an illegal certificate which does not comply with the law,” Bon said.

“The prosecution has failed in its duty to carry out the law and the Attorney General’s guidelines,” he added.

Bon explained that under the Attorney General’s own guidelines on prosecution, the prosecution is required to give the defence a written statement pointing out facts that were favourable to the defence three weeks before the trial is scheduled to start.

The lawyers said they filed a new application to counter the prosecution’s latest move yesterday at the Kuala Lumpur High Court registry.

The defence wants the high court to review the prosecution’s certificate and set it aside on the basis that it has broken the law which clearly provides an accused person a fair chance to defend himself in a trial.

They also want the court to order the prosecution to come up with a new certificate detailing all the facts in favour of the defence and a stop-order barring the prosecution from continuing their case against Anwar until they’ve handed over the new certificate.

They named deputy public prosecutor Hanafiah Zakaria, one of the seven prosecution members who signed the certificate, in their suit.

Sivarasa, who is also the MP for Subang, explained that Parliament had amended criminal law two years ago making it compulsory for the prosecution to tell the defence there are certain facts favourable to the accused person before the trial begins.

While the new provision of law does not create a completely level playing field, it is still a fairer chance for the accused to defend himself in court, he said.

Before 2007, he said the accused was only entitled to the police report against him.

“It’s literally a trial by ambush,” said Sivarasa on his client’s current status.

Ekspedisi menuntut royalti Kelantan berlepas ke pelantar Cakrawala

KUALA LUMPUR, 4 Ogos (Hrkh) - Misi Ekspedisi Royalti Petroleum Kerajaan Negeri Kelantan untuk meninjau kawasan pengeluaran petroleum di Lautan China Selatan berlepas pagi ini dari pelabuhan Pengkalan Kubor, Tumpat.

Rombongan yang diketuai Exco Kerajaan Negeri Kelantan, Dato' Husam Musa yang juga Pengerusi Jawatankuasa Perancangan Ekonomi, Kewangan dan Kebajikan negeri, berlepas dengan tiga buah bot.

Antara yang turut sama menyertai rombongan ialah Naib-Naib Presiden PAS, Salahuddin Ayub, Dato' Mahfuz Omar, Ahli Parlimen Tumpat, Dato' Kamarudin Jaffar, Ahli Parlimen Machang, Saifuddin Nasution Ismail, anggota Exco Kerajaan Kelantan, Ahli-Ahli Dewan Undangan Negeri dan pengawai-pegawai kerajaan.

Perjalanan ke lokasi pengeluaran minyak dijangka memakan masa lebih 12 jam itu turut disertai wakil Harakah Wan Nordin Wan Yaacob dan Wan Mohd Zahari Wan Salleh. Jika tiada aral mereka dijangka tiba di pelantar kirakira jam 6 petang hari ini.

Sementara itu Wan Nordin dalam laporannya memberitahu, Husam ketika berucap di Majlis Pelancaran dan Taklimat Ekspedisi ke Pelantar Minyak Cakrawala Kelantan menggesa Perdana Menteri, Dato' Seri Mohd Najib Tun Razak supaya membayar segera wang royalti sejumlah RM1 billion sebelum Ramadan ini.

Tegas beliau, Najib perlu memandang serius kenyataan Ahli Parlimen Gua Musang, Tengku Razaleigh Hamzah yang juga Pengerusi pertama Petronas, yang meminta Kerajaan Pusat membayar royalti kepada Kelantan.

Katanya, sebagaimana yang ditegaskan Tengku Razaleigh, rakyat Kelantan mempunyai hak untuk mendapat royalti bagi pengeluaran petroleum di kawasan usaha sama di sempadan perairan Malaysia, Thailand dan Vietnam itu.

"Ini adalah misi moral (mewakili rakyat Kelantan) untuk mendesak Kerajaan Pusat supaya tidak melenggahkan bayaran royalti," ujarnya.