Malaysia: Soi Lek quits as MCA No 2, fresh polls loom

Malaysiakini, 4 March 2010

Dr Chua Soi Lek today announced his resignation as deputy president, along with seven other central committee members, in a bid to force fresh polls for the top leadership.

The seven central committee members include Kong Cho Ha, Tan Chai Ho, Loh Seng Kok, Chong Itt Chew, Gan Tian Loo, Tee Siew Keong and Por Choo Chor.

“I hope this will settle the year-long conflict once and for all. I hope everyone will respect the decision of the delegates,” said Chua.

Coupled with 13 central committee members from vice-president Liow Tiong Lai’s faction who have pledged to resign three months ago, Chua’s team will thus provide the exact number of resignations needed to fulfill the requirement for the central committee to dissolve itself.

Based on the party constitution, the resignation of two-thirds of the CC will automatically trigger fresh polls within 30 days.

Chua also urged the party to postpone the annual general meeting scheduled for this Sunday to a later date where elections would be incorporated.

Read rest of article on Malaysiakini

Malaysian teachers say ‘no’ to sex education

Bernama, 2 March 2010

Malaysian teachers are saying ‘no’ to sex. They are not ready to impart sex education in schools.

They lack professional training in teaching the subject, National Union of Teaching Profession (NUTP) secretary-general Lok Yim Pheng said today.

She said, while the union fully supported the government’s move to provide sex education in schools, “sadly, the teachers lack formal training in the complexity and sensitivity of the subject and are not confident to teach it”.

Lok told Bernama the teachers were afraid they might be sued by the parents “if they were to make mistakes in imparting the knowledge of sex to the pupils.”

Malaysia is a multi-racial, religious and cultural nation with each ethnic group having its own notion on the subject, which made the teaching more challenging, she noted.

The NUTP is the country’s biggest teachers union representing 160,000 teachers, which is approximately half the teaching profession.

Lok said the union wanted the education ministry to first discuss with the stakeholders on the pros and cons of the move before making a firm decision.

Currently, the subject was taught in “bits and pieces” from the primary level to secondary level, in the absence of a proper structured course.

Of late, sex education has become a very important issue in the country, with an increasing number of unwed mothers, many of them students.

Meanwhile, a Bernama survey among students, parents and teachers showed that all groups were in favour of sex education but were unsure of the form and content of the course.

Teenage student Jayaraman said he was all for it, but was unsure what and how the teachers were going to teach because “we have more girls than boys in our class and most of our teachers are female.”

Abdul Raof Bidin, 38, who has two school-going children, felt that it was necessary to teach the subject.

“It should be handled with care as it could easily be misconstrued and do more harm than good, if wrongly imparted,” he said.

Another parent M Arumugam, 44, believed it was better for medical professionals like doctors and nurses to impart the subject to students.

“Maybe, the education ministry should consult the Health Ministry and come up with some kind of arrangement for teachers to be provided with on-the-job training,” he reasoned.

Betty Lee, who has 24 years teaching experience, felt that the subject was best handled by “teachers who themselves are mothers and know how to handle such a complex subject.

“With due respect, not all teachers can teach the subject, and the ministry should be very careful in selecting the right candidate for the job,” added the 50-year-old. – Bernama

Kit Siang Googles ‘Malaysia Muslim Caning’, gets 6.5m hits

By Debra Chong from The Malaysian Insider

The recent caning of three Muslim women in Malaysia for illicit sex has bruised the idyllic image of a united, multi-ethnic and progressive nation in the world’s eyes, warned a senior federal lawmaker.

The DAP’s Lim Kit Siang, in a Chinese New Year speech, said the caning incident was the latest in a series of bad publicity “flooding Malaysia” since Datuk Seri Najib Razak became prime minister 10 months ago, which has severely undermined the country’s image and competitiveness worldwide.

“Before I came, I Googled the two words ‘malaysia caning’ and there were 257,000 search results.

“I next added another word, to Google the three words ‘malaysia muslim caning’, and the finds multiplied by 30 times to return 6.45 million results,” the tech-savvy Ipoh-Timur MP told well-wishers at his party’s Chinese New Year do in Ipoh last night.

“Malaysia cannot continue to be in adverse international spotlight if we are to restore our international competitiveness by regaining national and international confidence in good governance; the rule of law; a democratic, progressive and model multi-racial, multi-cultural and multi-religious modern nation to be ideal destination for FDIs, haven for tourists and hub for international students,” the veteran opposition leader stressed.

The 69-year-old father of Penang’s chief minister listed several incidents he claimed were cancelling Najib’s own efforts at cultivating his 1 Malaysia policy: the “Allah” dispute; the attacks on places of worship; the 5-0 Federal Court judgment upholding the power grab and topple of Datuk Seri Nizar Jamaluddin as the lawful Perak mentri besar; the mysterious death of DAP political aide Teoh Beng Hock; and a campaign painting his son, Guan Eng’s administration as anti-Malay and anti-Islam.

“The vicious campaign to falsely paint the Penang chief minister and Penang Pakatan Rakyat state government as anti-Malay and anti-Islam is indeed a great test for Guan Eng and the PR Penang State Government,” Lim said.

“But what is little realised is that it is an even greater test for Najib and the Barisan Nasional — Umno, MCA, Gerakan, MIC and the Sabah and Sarawak component parties — whether they are serious about the 1 Malaysia slogan and concept,” he stressed, pointing to Najib’s inability to rein in the negative elements and get his own men from Umno and Barisan Nasional (BN) to solidly back his 1 Malaysia policy. – The Malaysian Insider

International community urged to respect Malaysian judiciary

Bernama, 19 February 2010

The government will let the law take its course in the sodomy trial involving PKR advisor Anwar Ibrahim, said Deputy Prime Minister Muhyiddin Yassin.

Malaysia, he said, respects the rule of law and the people uphold the country’s justice system.

“The judiciary has its role and this is enshrined in the system in Malaysia and we want the international community to respect this,” he told reporters after chairing a meeting of the Cabinet Committee on Human Capital in Putrajaya today.

He was commenting on the call by the US Senate’s Committee on Foreign Relation chairman John Kerry, urging Malaysia to give Anwar a fair trial.

Muhyiddin said that the due process of law should be allowed to take place.

“Let the court decide. We cannot say Anwar is guilty or not guilty… it’s for the court to decide,” he said.

On the call for the government drop the charge against Anwar, Muhyiddin said people were entitled to their opinion but the government was duty-bound to uphold its justice system.

“Why should we prejudge? Why should we be seen as though we have caused him injustice?”

Muhyiddin said if the country bowed to the demand, it meant that the country was weak and had strayed from its democratic principles.

“The court process has started; for a country which practises democracy to interfere and demand that the court stop the trial, I think this is rather astounding,” he said.

Read rest of article on Bernama

Malaysia: Three women caned for extramarital sex

Agence France-Presse, 17 February 2010

Malaysia said Wednesday that three women have been caned under Islamic law for having extramarital sex, in a first for the Muslim-majority country.

Officials said the three women were caned on February 9 at a women’s prison outside the capital Kuala Lumpur after being convicted of “khalwat” or “close proximity” between an unmarried couple.

“I hope this will not be misunderstood until it defiles the purity of Islam,” Home Minister Hishammuddin Hussein said according to state media.

“The punishment is to teach and give a chance to those who have fallen off the path to return and build a better life in future,” he said, adding that none of the three sustained any injuries.

Hishammuddin said the three women and four men were caned following a December decision in the religious courts — which operate in parallel to the civil system in Malaysia.

He said one woman was released from prison last Sunday while another will be freed in several days and the third will be released in June.

Malaysian Islamic authorities triggered uproar last year when they sentenced mother-of-two Kartika Sari Dewi Shukarno to six strokes of the cane for drinking beer.

Her case, which was to have been the first time a woman was caned under Islamic law in Malaysia, is under review and human rights groups have urged religious authorities to reverse the sentence.

Kartika’s case has been given wide media coverage but the case of the three women convicted of extramarital sex came as a surprise.

Bar Council president Ragunath Kesavan said it was worrying that the punishment had gone ahead even as the caning issue was being hotly debated by Muslim scholars, religious groups and human rights activists.

“The impression was that Kartika’s case would be the first so I’ve got no idea what has happened,” he told AFP.

“It’s not as if this is the Middle East… it’s not a good signal that they’re sending out.”

“We are against any form of corporal punishment, for men or women,” he added. “The fact is that any form of whipping is barbaric.” – AFP

Anwar poses a question of (anal) penetration

By Shazwan Mustafa Kamal  from The Malaysian Insider

Datuk Seri Anwar Ibrahim wants the sodomy charge against him thrown out because clinical reports suggest there was no anal penetration of his accuser, but prosecutors say semen samples can still prove unnatural carnal activity.

Anwar’s lawyer Karpal Singh and Solicitor-General 2 Datuk Yusof Zainal Abiden argued before the Court of Appeal this morning over the question of penetration in the Opposition Leader’s bid to have the sodomy charges against him struck out.

The Opposition Leader is appealing against a High Court decision to proceed with his trial. His trial has already started in the High Court, but Anwar now wants the Court of Appeal to put an end to it.

Court of Appeal judges Datuk Wira Abu Samah, Datuk Sulaiman Daud and Datuk Azhar Ma’ah conceded that more time is need in order to study the submissions of both the prosecution and the defence. They said they could only deliver a decision on February 17, a day before the High Court trial is set to continue.

On Dec 1, the High Court had dismissed the opposition leader’s bid to strike out the charge against him. Judge Datuk Mohamad Zabidin Mohd Diah had ruled then that the court cannot use its inherent powers to strike out the sodomy charge based solely on medical reports which found no conclusive clinical evidence of anal penetration on Anwar’s accuser and former aide Mohd Saiful Bukhari Azlan.

Anwar had tendered two medical reports from Hospital Kuala Lumpur and Hospital Pusrawi which stated those findings.

Today, the clinical reports became the focus of both teams in presenting their arguments.

Lead counsel for Anwar’s team Karpal argued that the High Court had the power to strike out the charge if it was “abusive of process, oppressive, and prejudicial.” The veteran lawyer stressed that the crux of the case hinged on the question of whether penetration had actually taken place, which according to the clinical reports suggested otherwise.

“The learned judge was misdirected by saying that the reports could not determine whether the act had occured. What does the judge rely upon?

“Was the judge right in having considered the impact? This has been a trauma for Datuk Seri Anwar and his family,” said Karpal.

The fiery lawyer cited the clinical reports by Hospital Kuala Lumpur as proof that there were “no conclusive clinical findings suggestive of penetration in the anus or rectum area.”

“Your lordship, the word conclusive means certainty, far beyond a reasonable doubt. With these findings, I don’t know how the prosecution would  proceed with this trial,” said Karpal.

According to the defence lawyer, the fundamental element of the charge against Anwar stands unproven because of the reports and calling other witnesses to testify would simply be an exercise in futility, as section 377B of the Penal Code dictates that penetration is an important element of the charge.

“It is persecution, not prosecution. The court cannot sit back and let the prosecution carry on..the court cannot abdicate from its divine duty to intercede. “It does not matter that the trial has proceeded. The trial is being rushed. Whoever is doing it has a motive.

“The charge ought to be struck out now or is this the result of some black hand behind the prosecution of Datuk Seri Anwar Ibrahim?”

Solicitor-General 2 Datuk Yusof Zainal Abiden countered Karpal’s arguments by arguing that the court must allow the evidence to be produced, stating that the clinical reports are not conclusive.

“The medical report is not substantive evidence, it only corroborates the author (doctor). What the author has to say in court needs to be taken in account,” said Yusof.

He dismissed the defense’s evidence was “affidavit evidence which is not evidence, evidence which the court permits is evidence in court.

“The absence of laceration does not excuse penetration. Proof of penetration of the anus is not needed to establish unnatural carnal activity.

“The presence of traces of lubricant may be suggestive as evidence. The finding of spermatozoa will prove the act almost beyond dispute,” stated Yusof.

Read rest of article on The Malaysian Insider

Muhyiddin says PERC report is nonsense

By Asrul Hadi Abdullah Sani from The Malaysian Insider

Deputy Prime Minister Tan Sri Muhyiddin Yassin has described a regional political risk consultancy report which said Malaysia was veering towards instability as “nonsensical”.

Muhyiddin said that the Hong Kong-based Political and Economic Risk Consultancy (PERC) must be “talking through their nose”.

“I don’t think we need to react to all these nonsensical reports coming from those who know nothing about the country.

“Maybe those guys are sitting at a table somewhere in a remote corner of Hong Kong.

“They have to come here and we will be happy to bring them down here and see what is stability, what is security, what is war, what is trouble,” he told reporters today after a function at Felda headquarters.

PERC reported that the impression that Malaysia has given since New Year’s Day was that the situation in the country is becoming increasingly unstable.

In a blistering report on Malaysia released at the end of January, PERC also asserted that a group of elite minorities were dominating the national agenda to the extent that it was hurting Malaysia’s attractiveness to investors.

The consultancy, which also publishes reports on the risk ratings of other Asian countries, said it is “probable” that no other Asian country is suffering from as much bad press as Malaysia.

Among the developments that caught its attention were the theft of military jet engines, detention of terror suspects from a number of African and Middle East countries following warnings that Islamic militants were planning attacks on foreigners at resorts in Sabah, renewed ethnic and religious “violence” that included arson at some churches and desecration of mosques, and controversy over the integrity of key institutions like the judicial system in the sodomy trial of opposition leader Datuk Seri Anwar Ibrahim.

The report noted that the government is blaming the international media for exaggerated reporting and Prime Minister Datuk Seri Najib Razak had argued that the focus should not be on the fringe groups that are causing problems but on the majority of Malaysians who are coming together to condemn the recent acts of violence following the ‘Allah’ controversy.

But PERC maintained that the root of the problem was a vocal minority that is dominating the national agenda.

Muhyiddin claimed that the report appeared to be part of a hidden agenda to destabilise the country.

“All these reports have obvious ulterior motives with intention of not helping. We are not asking them to help us anyway. We are helping ourselves and we don’t need their comments because I think a lot of other people know and evaluate ourselves very objectively. We are not basing it on emotions but facts and reality. The fact is that Malaysians are happy and are not facing any major disaster and there is no racial trouble in the country or war among us. So what are they talking about?

“I think they must be talking through their nose,” he said. – The Malaysian Insider

Malaysia veering towards instability, says PERC

By Lee Wei Lian from The Malaysian Insider

Events since New Year’s Day have given the Hong Kong-based Political and Economic Risk Consultancy (PERC) the impression that the situation in Malaysia is becoming increasingly unstable.

In a blistering report on Malaysia released at the end of January, PERC also asserted that a group of elite minorities were dominating the national agenda to the extent that it was hurting Malaysia’s attractiveness to investors.

The consultancy, which also publishes reports on the risk ratings of other Asian countries, said it is “probable” that no other Asian country is suffering from as much bad press as Malaysia. Among the developments that caught its attention were the theft of military jet engines, detention of terror suspects from a number of African and Middle East countries following warnings that Islamic militants were planning attacks on foreigners at resorts in Sabah, renewed ethnic and religious “violence” that included arson at some churches and desecration of mosques, and controversy over the integrity of key institutions like the judicial system in the sodomy trial of opposition leader Datuk Seri Anwar Ibrahim.

“Events of the past month give the impression that pressures are building and the entire situation is becoming much more unstable,” said PERC.

The report noted that the government is blaming the international media for exaggerated reporting and Prime Minister Datuk Seri Najib Razak had argued that the focus should not be on the fringe groups that are causing problems but on the majority of Malaysians who are coming together to condemn the recent acts of violence following the ‘Allah’ controversy. But PERC maintained that the root of the problem was a vocal minority that is dominating the national agenda.

“Mr. Razak’s attempt to put the best spin on a bad situation is understandable. He is fighting for his political life and is trying to stop the erosion in confidence in Malaysia’s prospects,” said PERC. “However, he is wrong in saying that Malaysia is being defined by the way the majority of the population are coming together. It is being defined by the ability of a minority to dominate the political agenda, shaping policy and compromising the reputation of key institutions in ways that hurt Malaysia’s reputation as a stable, attractive place for foreign investors.”

The report also said that while Islamic activists which are “threatening Malaysia’s secular credentials” are getting the widest coverage, it was the Umno elites, described as “a fringe group of insiders who have been able to profit disproportionately from the policies of the ruling coalition” that deserved the most attention.

“They are threatened with a loss of political power that could also impinge directly on their substantial business interests. Malaysia’s future will be determined largely by the tactics this group of insider elites resort to in order to stay in power and the success of those tactics. Their commitment to democracy is a major question mark. If they blatantly manipulate the system in order to remain in power, the public backlash could be worse than anything Malaysia has seen in its modern history.”

PERC added Najib’s strategy is looking “increasingly unworkable” as a way to defuse pressures in the country.

“He is trying to be all things to all people, but in the end he might satisfy no one,” it noted.

Malaysia’s risk index as calculated by PERC rose slightly from 5.24 out of a possible maximum score of 10 in December to 5.4 in January. It however, remained well below the risk index in January last year which stood at 6.42. Countries that score higher on the index are deemed to have a higher level of risk.

The PERC report comes as the Najib administration is grappling with a budget deficit and is trying to formulate a new economic model in which private investment plays a bigger role in driving the economy towards developed status.

The consultancy pointed out however that even if the opposition were to be in charge come the next election, foreign investors and others would wait and see if the opposition could govern the country effectively.

“So far the only thing uniting these (opposition) parties is their opposition to the ruling coalition, not matters like dealing with Malay entitlements, the extent that there should or should not be a broader Islamisation of Malaysia, or an economic programme for promoting the country’s development,” said PERC.

PERC maintained in its report that foreign investments into Malaysia have not been forthcoming, either in direct form or in the equity markets.

“Foreign companies and investors are remaining cautious until they see how Malaysia gets its own house in order,” it added. – The Malaysian Insider

Saiful claims online death threat

By Shazwan Mustafa Kamal from The Malaysian Insider

Mohd Saiful Bukhari Azlan, the star witness and complainant in the on-going sodomy trial of Opposition Leader Datuk Seri Anwar Ibrahim, claimed today that he has received a death threat.

According to Saiful, a person by the name of “Anaz Zahari” had threatened him by posting a statement on the facebook fan page of Anwar.

The posting states that “ANAZ ZAHARI: To my friends..whosoever knows or meets with Saiful Bukhari Azlan anywhere, it is compulsary for you to kill him using whatever means necessary for the peace of the human race..”

Saiful had received information about the posting via email from an anonymous source and subsequently lodged a police report today at the Sentul police station.

“I had received an email from an unknown individual last night informing me of a statement which had been posted on the Facebook fanpage of Datuk Seri Anwar Ibrahim..” said Saiful to reporters shortly after lodging the police report.

He then proceeded to show reporters a photocopy of the Facebook fan page with the alleged statement.

However, according to Saiful, the statement has since been removed from the Facebook page.

“I would like to state that this is a death threat towards me and that this is a serious threat. I fear for my safety and my family’s safety.

He also urged people not to be too engrossed with the details of the trial and to exercise patience, and not to take matters into their own hands.

“There have also been disturbances at my house for the past two days. Every time I leave my house, there are rotten fruits on my front porch,” claimed Saiful who alluded that the fruits could be a form of black magic.

Apparently this is not the first time Saiful or his family have been threatened. On Feb 1, his father Azlan Mohd Lazim had lodged a police report over “provocative” emails which he had received.

“I had received 50 smses for the past three days which were very provocative in nature,” said Azlan who was also present at the police station today with Saiful and his lawyer Zamris Idrus.

Read rest of article on The Malaysian Insider

Zambry is the lawful MB, Federal Court agrees

The Malaysian Insider, 9 February 2010

The Federal Court today agreed with the Court of Appeal and ruled that Barisan Nasional’s Datuk Seri Zambry Abd Kadir is the lawful Mentri Besar of Perak. This snuffs out the last hope of his toppled political rival and predecessor Datuk Seri Nizar Jamaluddin to be reinstated to the position.

The five-man panel of judges comprised Court of Appeal president Tan Sri Alauddin Mohd Sheriff, Chief Judge of Malaya Tan Sri Arifin Zakaria and Justices Datuk Zulkefli Ahmad Makinuddin, Datuk Mohd Ghazali Mohd Yusoff, and Datuk Abdull Hamid Embong.

The judgement was read out in court by Tan Sri Arifin Zakaria. “There is no requirement in the State Constitution which requires a vote of no confidence to be taken in the State Assembly. In the present case, there is no doubt that Zambry has the support of 31 of the 59 members of the state assembly,” said Tan Sri Arifin Zakaria.

Attorney-General Tan Sri Abdul Gani Patail later told reporters, “It’s a very clear judgment with very, very sound reasonings. There’s no doubt about it. What has been done was to reaffirm the court’s decision,” referring to the Court of Appeal that “Datuk Zambry is the rightful Mentri Besar.”

“What the judges said is that anyone who has the majority can be appointed Mentri Besar but must prove it,” added Abdul Gani, who was present when the judgement was read out.

Nizar, 53, had challenged Zambry’s appointment and won at the High Court, which noted that there was a loophole in the Perak Constitution to allow for another to be sworn in as mentri besar (MB) when the incumbent had not resigned.

In his decision on May 9 last year, High Court judge Abdul Aziz Rahim ruled that the Sultan was not constitutionally empowered to sack the MB, and that Nizar had always been the lawful head of the state government.

The judge added that the only way for the MB to be dismissed when he refused to resign was through a vote of no-confidence by his peers inside the state legislative assembly.

But the decision was overturned by the Court of Appeal later that month. The appeals court said the High Court judge’s reading of the law was wrong and the latter had confused the issue of how the MB had lost the majority confidence with whether the ruler had the power to dismiss the head of government.

Nizar who is the PAS assemblyman for Pasir Panjang was chosen to head the state executive council (exco) after his Islamist party won the groundbreaking March 2008 general elections and formed an alliance with two other federal opposition groups, the secular DAP and popular pro-reform party PKR.

Read rest of the article on The Malaysian Insider

Next Page »