Digital voting plan for Umno polls rejected

The digital voting system may not be used in the Umno elections as almost 90 per cent of the candidate agents have rejected it.

Umno executive secretary BrigGen (R) Datuk Husainay Hashim said however, the final decision would be made by the Umno Management Committee headed by Umno Deputy President Datuk Seri Najib Tun Razak.

"We decided to introduce the digital ballot to the representatives today but almost 90 of them were not in favour of the idea.

"So we will revert to the manual vote counting system and like in previous elections, the results will be known late," he told reporters after attending a briefing on the digital voting here on Friday.

The party's Election Committee headed by Tan Sri Samsuddin Osman decided to discontinue the dry run of the electronic system rented from Angkatan Koperasi Kebangsaan Malaysia Berhad after a dialogue with the agents.

Husainay said the agents did not want delegates, who had voted for the wrong candidates, to correct their mistakes or to change their minds during the elections.

"If it's wrong, it's wrong. They also want the ballot papers to be displayed especially the spoilt votes.

"We will do that but we will ensure that the delegates and agents will not get too close to the election workers to avoid suspicion and disturbing the process," he said.

He said the Election Committee also accepted a request that delegates could either put a cross or right marks for the candidates of their choice on the ballot papers.

On whether Umno Supreme Council member Datuk Norza Zakaria, who was charged this morning in Temerloh for alleged involvement in money politics, could contest in the elections, he said:

"It's not fair to comment. We have to wait for the black and white before making any decision," he said.

A total of 269 candidates are vying for the supreme council executive committee posts of the three wings of the party.

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Perak’s "Democracy Tree" vandalised

Vandals have broken the edges and damaged the plaque marking the “Democracy Tree” under which a historic Perak assembly was held on March 3.

Pakatan Rakyat leaders including former Perak Mentri Besar Mohammad Nizar Jamaluddin and former state executive council member Nga Kor Ming took an oath beneath the tree.

They swore that they would continue to defend the people’s democratic rights and believe they could solve the political crisis in the state through the dissolution of the state assembly.

Nizar told reporters that this was the work of the people who did not want to see democracy in the country.

“We feel that this was done to deny the rakyat their rights to choose their own government,” he said, adding that they were still undecided on lodging a police report on the damaged plaque.

Nga said Pakatan will start a fund to collect money to rebuild a bigger and stronger plaque which would have four languages - Bahasa Malaysia, Tamil, English, and Chinese.

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Six charged for insulting Perak Sultan on the web

In the first conviction of its kind, lab assistant Azrin Md Zain, 33, was fined RM10,000 or, in default, five months jail, at the Kuala Lumpur Sessions Court for posting comments insulting the Sultan of Perak on the Internet on Feb 12.

He became the first ever person to be convicted under the Multimedia and Communications Act 1998 and was among the six charged Friday in courts nationwide for similar offences.

Azrin admitted to have sent his comments to the guests book at http://books.dreambook.com/duli/duli.html which has linked to the Sultan’s official website with intention to annoy other person.

The father of one has committed the offence using his personal Internet protocol account at his house in Taman Tun Dr Ismail here at 9.12pm on Feb 12.

According to the facts of the case, information technology officer Noorhaliza Masri, from Perak secretariat office, lodged a complaint at Multimedia Communications Commission on Feb 16 upon detecting the posting which insulted the Sultan.

The Telekom Malaysia had confirmed that Azrin had used TM Net Streamyx on that day.

The commission had obtained a search warrant from Kajang magistrate’s court on Feb 19 to check at his house and seized a laptop, a modem and a telephone bill dated Dec 28 last year registered under his name.

On Friday, Azrin told Sessions Court judge Rozana Ali Yusoff that it was his own mistake for committing the offence.

“I was not in the right state of mind. I was in the midst of doing online forex trading to New York. My profits were negative. So I just clicked to the website. I posted the comments without thinking.

“I will not touch the website anymore because the Malaysians are actually sensitive,” he promised.

The diploma holder repeatedly expressed his regrets to the judge.

In mitigating further, Azrin said he was not a member of any political party.

“I have also clicked on a website which praised Datuk Seri Najib Tun Razak,” said Azrin who stood near the witness stand and promised to be a law abiding citizen if he got a lenient sentence.

DPP Nahra Dolah however pressed for deterrent sentence saying that the case involved public interest and the court had to send a strong message to Internet users about the gravity of the offence.

At the same court, self-employed Muslim Ahmad, 54, claimed trial to three counts of posting offensive remarks against the Sultan in February.

In the Butterworth Sessions Court, Chan Hon Keong, 27, pleaded not guilty while Khoo Hui Shuang was absent and was summoned for mention of the case on April 15.

The two were accused of posting and distributing comments containing obscenities and offensive comments on a website linked to the Sultan of Perak’s website.

At the Petaling Jaya Sessions Court, land surveyor Nor Hisham Osman, 36, claimed trial to defaming the Sultan of Perak.

Judge Balqis Ainin Mohd fixed bail at RM4,000 with one surety and fixed next hearing on Apr 14.

Meanwhile, in Kota Kinabalu, Bernama reported that a mobile phone salesman pleaded not guilty to spreading a comment which insulted the Sultan of Perak through a website.

Rutinin Suhaimin, 36, was charged with committing the offence on Feb 13 and linking the offensive remarks to the website http://books.dreambooks.com/duliduli.html with link to a website on the Sultan Perak, www.sultanperak.gov.my.

If found guilty, Rutinin can be jailed for up to a year or fined up to RM50,000, or both.

Sessions Court judge Ummu Kalthom Abdul Samad fixed May 25 and 26 for trial and allowed bail of RM10,000 with a deposit RM5,000 and two sureties.

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Teresa Kok files suit against Home Minister for unlawful arrest

MP for Seputeh Teresa Kok Suh Sim has filed a suit against Home Minister and three others for wrongful detention and false imprisonment under Internal Security Act (ISA).

Kok has named Datuk Seri Syed Hamid Albar, Inspector-General of Police Tan Sri Musa Hassan, Special branch senior officer DSP E Kim Tien and the Malaysian Government as defendants.

Her lawyer, S.N.Nair filed the suit on her behalf at the High Court civil registry at 8.37am on Friday.

“The way my client was arrested and interrogated that day is not right. All her constitutional rights, to call her family and her lawyer, were denied.

“No communication was allowed, all of us were left in the dark. It is only by chance that we know about her arrest after more than two hours later,” Nair told reporters after the filing on Friday.

In the statement of claim, Kok said the defendants and or their agents had forcibly and in a dangerous manner effected her arrest at the entrance gate of her house in Jalan Awan Cina here at 11.15pm on Sept 12 last year.

She claimed that she was not given an opportunity to contact her family or lawyers despite repeated pleas.

Kok said she was not informed as to the place of detention but was taken to Wangsa Maju police station without her consent where she was kept under unlawful detention for about two and a half hours.

The next day, Kok said she was informed by DSP Kim that she was being detained under Section 73(1) of the ISA 1960.

Kok said she was continually kept under detention in a certain secret place of detention-without-trial from Sept 12 to Sept 19 last year.

She claimed that she was continually held in solitary confinement and was deprived of all her constitutional rights.

She said she had been put to severe mental anguish, pain and suffering during the period.

Among others, Kok is seeking damages for unlawful arrest, false imprisonment, pain, suffering and mental anguish.

She is also asking for other relief deemed fit by the court.

Speaking to reporters later, Kok said she decided to initiate the legal suit as her arrest was baseless.

“I am a wakil rakyat. I have official duties to carry on.

“I have waited for half a year for the police and Government to give proper explanation but they never responded to the letter of demand issued by my lawyer,” she added.

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Guan Eng thanks Najib for money, then asks where it will come from??

Like many other Pakatan Rakyat leaders, DAP secretary-general Lim Guan Eng welcomed the new stimulus deal, with a great deal of scepticism thrown in.

The Penang Chief Minister thanked Deputy Prime Minister Datuk Seri Najib Razak for setting aside RM250 million to expand the state's international airport.
But he wants the federal government to pump in an additional RM11.5 billion into 21 state projects he described as "critical" to boost economic growth, such as the proposed RM500 million halal hub in Balik Pulau and Batu Kawan; RM200 million loan for its Heritage Rehabilitation Plan in Georgetown as a Unesco-recognised World Heritage Site; and RM1.1 billion to expand the Mengkuang Dam.

"The reality is if Penang fails, Malaysia will fail because 30 per cent of the total export and tourists originate from and visit Penang," Lim, who is also Bagan MP, said in the Dewan Rakyat today.

Lim's biggest beef with the stimulus concerned the RM60 billion figure. "Where is the RM60 million coming from?" he asked.

"How does the RM10 billion equity investment benefit ordinary workers?" he added.


He claimed that the RM10 billion would be used as a "rescue package for certain crony companies" and pointed to last year's RM5 billion loan from the Employees Provident Fund (EPF) to ValueCap to support his statement.

He concluded his speech by offering to work together with the federal government to face the economic crisis if it prioritised the public.

"What we want to see is direct assistance to the rakyat, not only focusing on companies. Look at Taiwan and Singapore which gave RM8.5 billion or RM400 spending money in cash to each citizen. Not a sen was for ordinary Malaysians," said Lim.

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Azalina's Office raided by MACC

Malaysian Anti-Corruption Commission (MACC) officers raided the office of Tourism Minister Datuk Azalina Othman in relation to a probe on vote-buying for the Umno party elections.

Azalina was not present during the raid.

MACC officers spent three hours in her office and inspected documents in relation to the award of contracts by the ministry.

The officers also took away with them a number of files and other documents.

Today’s raid follows the detention last week of Azalina’s political secretary who was caught by MACC officers with RM75,000 in cash in his car.

The arrest of Azalina’s political secretary and the raid on her office today will have a significant impact on the minister’s fortunes in Umno and continued employment in the incoming Najib administration.

The minister is competing for a position on the party’s supreme council.

So far no senior Umno politician has been charged with corruption in relation to vote-buying in the Umno elections though there has been a trail of claims saying that money has been exchanging like never before for Election 2009.

Azalina is the highest profile politician to be under investigation in the current probe on vote-buying in Umno.

In a statement issued after the MACC raid, her office said they noted press reports about the probe into her political secretary’s affairs.

They also pledged to give their full cooperation to MACC officers.

It is understood the investigations are centred on whether the Tourism Ministry had awarded contracts to Umno delegates ahead of the party polls.

Investigators are also looking into the affairs of Pempena, a subsidiary of the Tourism Ministry,
which had shed its investments in five companies after suffering a loss of RM20 million.

This was out of an RM54.4 million total outlay on 24 companies as stated in a summary report of a “high level business review” of the Pempena Group released to the ministry on Nov
6.

In their probe into vote-buying activities for the Umno polls, the MACC has so far picked up 12 party divisional officers.

They were allegedly working to help Datuk Norza Zakaria defend his supreme council seat.

The men are being investigated for distributing between RM300 and RM500 to some of the 2,000 delegates who will be attending the general assembly-cum-elections.

Norza has also been questioned by the MACC but has denied any involvement in money politics, saying that he was a victim of a scheme to discredit him.

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A thosai toss-up?

AT least 16 Indian warriors have cocked their guns for the showdown in the Bukit Selambau by-election next month – all convinced that it is Indian Territory.

None of the warring parties have named their candidates for the State seat but these “gunslingers” proclaim they are ready with their six-shooters.

They all want to be the Big Chief of so-called Indian-held Bukit Selambau, in Kedah, a Malay-majority seat.

There is a lone Chinese, though, among the eight independent candidates who have to date offered to stand in the by-election.

The rest are from Pakatan Rakyat while Barisan Nasional looks likely to stick with the previous Bukit Selambau Indian chief – V. Saravanan (MIC) who ruled for 13 years between 1995 and
2008.

This is a story of little Indians who want to be the Big Chief.

Indians who think that their daily bread will forever be marginalised if another Malaysian gallops into their “turf” and becomes the assemblyman.

If all eight independents throw their hats into the ring, Bukit Selambau will see the highest number of candidates in the electoral history of Malaysia.

And all they will do is argue: over whose dad is harder, over who started the phrase craze “Lembu Ku”. If one says “thosai”, the other says “would you like a masala thosai?”

It is an epic sumo bout, sorry, shootout.

Researchers from Si-Lembu University have discovered that words or phrases considered likely to die out soon include “guts”, “stick”, “wipe”, “bad” and “Malaysia in the Hockey World Cup”.


After a bit of digging we found a longer list of words on their way out: dirty, squeeze, bad, because, guts, push (verb), smell (verb), stick (noun), turn (verb), wipe.

These words suggest that we will just stop talking about poo.

They seem to have a rather excremental theme – every single one of them (except stick, arguably) could be used to describe your basic bowel movement. Delete them, and what will we have left?

Bet you the 16-odd wannabe Bukit Selambau wakil rakyat will keep every faecal phrase in their quest to trundle their way down the constituency to taunt the electorate.

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PM: No agenda in unexpected meeting with Anwar

Prime Minister Datuk Seri Abdullah Ahmad Badawi has dismissed any political agenda in his unexpected meeting with Opposition leader Datuk Seri Anwar Ibrahim at a religious school in Hulu Langat on Tuesday.

"There was no discussion between me and Anwar. There is nothing more about it,” he told reporters here Wednesday after visiting the Sepangar naval base.

He said he was invited by well known Ustaz Sheikh Mahmud Al-Mazjub to celebrate Malulidur Rasul to mark the ending of the spiritual development of the Uztaz.

"I was having my lunch with the Uztaz when Anwar came (later). We were listening to Sheikh Mahmud during lunch," he said in dismissing speculation by bloggers about political implications of the meeting.

Asked if a date has been set for the transition of power between him and his deputy Datuk Seri Najib Tun Razak, Abdullah replied: "Of course we have a date. I have discussed with Najib. I will make official (in time)."

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A-G, IGP cleared in Anwar ‘black eye’ case (Update 3)

Inspector-General of Police Tan Sri Musa Hassan and Attorney-General Tan Sri Gani Patail were cleared of fabricating evidence in the Datuk Seri Anwar Ibrahim “black eye” incident of a decade ago.

Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz told the Dewan Rakyat Wednesday that the two were cleared of any wrong-doing after a two-month investigation conducted by the Malaysian Anti-Corruption Commission (MACC).

Anwar had accused both Abdul Gani and Musa of tampering with evidence in an investigation into an alleged beating he received from then IGP Abdul Rahim Noor while in police custody in 1998.

“Since this case is sensitive and of high profile, the MACC had suggested a three-person independent panel be appointed as deputy public prosecutors to look into the case,” Nazri in response to a question by Gobind Singh Deo (DAP-Puchong).

The independent panel was made up of former Federal Court judges Datuk Abdul Kadir Sulaiman and Datuk Wira Mohd Noor Ahmad, and retired Court of Appeal judge Datuk Mohd Noor Abdullah.

In reply to Gobind’s supplementary question on when the decision was made, Nazri said that the case was investigated on July 2 last year and was completed two months after that.

“Since we need to consider several things, we took a bit more time to announce the decision so that it does not create doubt among people,” he said, adding that that was why he decided to reply on Wednesday.

In reply to DAP adviser Lim Kit Siang’s question on who was the dissenting voice, Nazri said he could not give the information and majority decision obviously means a 2-1 decision.

He added that the decision for the IGP was 3-0.

Gobind had been asking why the result of the investigation was not officially announced.

MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan had announced the results in an interview with Sunday Star on March 1.

Later Wednesday, Anwar expressed his "disgust" at the outcome of the probe, claiming that the evidence against the IGP and A-G was "strong and solid."

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We Will Act On Solid Evidence - Anwar

Parti Keadilan Rakyat (PKR) de facto leader Datuk Seri Anwar Ibrahim will act on allegations of corruption involving two state party leaders, if there was solid evidence.

He said the committee concerned would investigate the allegations by Kepala Batas PKR Youth chief Amizudin Ahmat.

"If there is solid evidence, then I would inform Chief Minister Lim Guan Eng to act," he told reporters after jointly lauching the Penang Free WiFi project with Lim, at the Sunway Cannival Mall in Seberang Jaya here today.

On Thursday, Amizudin had alleged that two state PKR leaders received bribes from a quarry company.

Meanwhile, Lim condemned the police action of firing tear gas canisters and deploying water cannons on a crowd which gathered to submit a memorandum to the King, on the policy of teaching Science and Mathematics in English.

It was reported today that the police took such action to disperse the crowd which marched from the National Mosque to the Istana Negara in Kuala Lumpur yesterday.

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Non-Muslim View of PAS has changed since March 8

Despite repeated accusations from its rival Umno that Pas has departed from its ideology since forming an alliance with the secular DAP and PKR after the last general election its president Datuk Seri Abdul Hadi Awang said the party has always been consistent.

"Islamic laws have never changed. There are conditions to be fulfilled before Islamic laws can be implemented. Non-Muslims cannot be forced, but the laws are not repealed when the conditions are not satisfied," said Hadi in an interview recently.

The party's stand on increasing the role of Islam in governance has always been an impediment to closer cooperation among the federal opposition parties.

A coalition formed on the eve 1999 general election, the Barisan Alternatif, collapsed two years later due to ideological differences.

The last general election saw Pas changing its approach where it campaigned on the platform of creating a welfare state but Hadi said the party's ideology remains unchanged.

Its changed approach resulted in Pas being labelled a flip-flop party by Barisan Nasional in the Kuala Terengganu by-election last January.

"Pas has no problem with any party. We believe in Islam which has been successfully practiced for the past 1,300 years," said the Marang MP.

"The fall of Islamic governments started when Muslim leaders abandoned its teachings and not because Islam has weaknesses," he added.

Hadi argued that it was Pas that has been successful in making the non-Muslims more receptive to the party, which can be seen through the formation of the party's supporters club.

"We have even changed the non-Muslims' perception towards Islam. We have bridged the divide between us and the non-Muslims," said Hadi.

The results of the March 8 general election resulted in Pas becoming the opposition party with the least number of seats in Parliament unlike in 1999 when it dominated the opposition bench.

But Hadi insisted as the opposition party with the most experience, Pas has benefited from joining Pakatan Rakyat.

"We have benefited a lot, as we are the most experienced party in Pakatan Rakyat, it is not that we are not taking advantage of this, but we wish to forge a close relationship among Pakatan parties," said Hadi.

"Perhaps for DAP and PKR this is the first time they are ruling a state government but we have experienced this before, including what happened in Perak we have faced it in Terengganu and Kelantan in the 50s, 60s and 70s," he added.

Still, the March 8 election also made the ideological divide within Pas became clearer, after it was revealed that some leaders were in favour of political cooperation with Umno while some preferred to remain with PKR and DAP.

Hadi however was non-committal when asked about the disagreements within the party.

"In Islam there is no conservative and no liberal but there are certain things that cannot be questioned. On non-fundamental matters we can disagree, and that is why there are dozens of school of thoughts in Islam," said Hadi.

While the party's two highest decision making bodies, the central committee and the religious scholars' consultative council, had last year stopped the attempt to cooperate with Umno, Hadi is now floating the idea of a unity government involving all political parties.

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For DSAI it is still about Reforms

Datuk Seri Anwar Ibrahim today reaffirmed PKR’s and Pakatan Rakyat’s commitment to its reform agenda and slammed the government for not acting earlier to face the economic crisis.

Addressing thousands of party members today to mark the first anniversary of the March 8 elections which saw PR parties win five states and deny the Barisan Nasional its two-thirds majority in Parliament, he also warned his audience to prepare themselves for when Datuk Seri Najib Razak takes over the premiership.

“A new prime minister waits in the ranks, not as a reformer, but to continue to take this nation down the same destructive path,” said Anwar.

He said the government had been slow to react to the global recession, and expressed concern that the stimulus packages being put together now would result in money “ending up in the wrong hands.”

The Opposition Leader spent a good part of the speech trying to get the party faithful to focus on the reform agenda.

He asked PR party leaders to do their best to engage ordinary Malaysians to join the parties in a common movement to achieve more justice.

“You must call on people to be part of this birth of nationalism.

“We must build this nation upon the principles of justice, fair play and opportunities for all,” he said.

He also spoke of the success of PR-led state governments in fulfilling its promises.

“Kedah, which like Kelantan is one of the more economically challenged regions of the country, has dramatically increased its savings through greater efficiency and transparency, freeing up much needed resources to allocate to development projects and social welfare activities,” said Anwar.

“This has also created an environment more attractive to foreign investment, which in Penang doubled in just one year and in Perak increased to RM3.4 billion. In Selangor it has reached its highest point in nine years, RM11.87 billion,” he added.

Anwar also told party leaders not to be apologetic when promoting equality.

“Why do we have to be apologetic and say sorry for helping the poor Chinese,” said Anwar referring to the PR-led Perak government which awarded freehold land titles to new villagers in the state.

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Damning questions that won't be answered

I am sick and tired of the current situation in the country brought about by gutter politicians, a gutter judiciary and gutter civil servants (including the police).

Please answer these questions from this taxpayer, a registered voter, a daughter of the soil and an ordinary rakyat who suffers from the economic recession while you irresponsible people happily carry on with your despicable politics.

When are you so-called leaders getting down to the serious business of governance and addressing the economic depression that our country and the rakyat are burdened with?

To Prime Minister Abdullah Ahmad Badawi:

* Are you still sleeping?
* What happened to all your promises for reforms? Since 2004, the rule of the jungle has practically taken over Malaysia with the executive dictating to the judiciary while the latter overrules the legislature. The doctrine of the separation of powers has been abandoned. The MACC is nothing but a new name.
* Are you happy leaving your premiership this way?

To Deputy Prime Minister Najib Abdul Razak:

* Can you think as a Malaysian? Beyond race and creed?
* Convince me why I should accept you as PM when as finance minister you have failed to come up with any effective action to cushion the recession. I and the rest of the ordinary rakyat are digging deeper into our pockets for our daily survival.
* Are you power-crazy as the opposition says? Are you happy with the situation in Perak which you were instrumental in creating?
* Are you man enough to take the stand in a court of law to deny your involvement in the Altantuya murder and dispel once and for all, all allegations made against you concerning her death? Look into her father's eyes when you answer.

To the Sultan of Perak:

* What can you do to help the Silver State which has been turned into one big political circus?

To Chief Justice Zaki Tun Azmi:

* Are you worthy of the title/post?
* Do you understand the doctrine of the separation of powers among the executive, the judiciary and the legislature?
* Do you fear God? The Almighty is watching your every move as CJ.

To Attorney-General Gani Patail:

* Where did you read law?
* How did you get to be where you are now?

To IGP Musa Hassan:

* Are you a police officer or a politician?
* Are the police the government's tool and a component party of BN? So the police have power over the legislature too?
* Why are you and the police not mesra rakyat?
* Please explain all the mystery deaths of suspects in lock-ups.

To the Election Commission:

* The voters in Malaysia are suspicious of you for reasons you know very well yourself.

To the Ipoh Judicial Commissioner Ridwan Ibrahim:

* Where did you read law?
* You mean, you, as a judicial commissioner, can override the legislature?
* Why are you afraid to hear the Perak speaker's case in open court or allow him counsel of his choice?
* Who are you trying to please?

To the MACC, the former Anti-Corruption Agency:

* Are your investigations based on the scales of BN's dacing? Pardon me, but you have not given us, the rakyat, any indication of your so-called ICAC-like independence.

To Pakatan Rakyat’s de facto leader Anwar Ibrahim (pretender to the throne):

* Stop dreaming. Wait for the 13th general election.
* You are also a party to the political chaos in the country, no?
* How does it feel to lose Perak to BN? That's exactly how Sabahans felt when you as deputy president of Umno engineered BN's coup d'etat in Sabah in 1994.

Let it be a lesson learnt and for you to become a more responsible leader in the future.

Finally, a bonus question to the Perak assembly secretary and the state secretary:

* Who are you to overrule the speaker and to close the house building?

All of you, if you have ears, listen to the voice of the rakyat who want nothing but good governance, peace and stability.

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Ignore NGOs at your peril

LAST Saturday, at a private meeting in the chief minister’s office, the Pakatan Rakyat government of Penang was handed a stack of working papers by a motley gathering of NGOs. The reports, drawn up by independent working groups, were made as part of a "People’s Forum", a community-based initiative of as many interest groups as one could imagine popping up in Penang, a former "crown jewel" of Gerakan.

The 10 reports – covering issues like traffic, the environment, heritage, arts, labour, poverty, women’s issues and disabled people – were the culmination of long-drawn consultations that involved more than a hundred individuals from the various NGOs.

Packed with detailed action plans, the reports were effectively blueprints of what the people themselves want Penang to be. Chief Minister Lim Guan Eng received them with his usual sparkling smile, expressing keen interest to look at the plans and recommendations.

There was, however, a slight irony in the situation. Over the months after assuming office, Lim’s government had started to feel the stern stuff that Penang NGOs are made of. The first hit was felt when the NGOs cried foul at not being allocated the number of seats in the local municipal councils as the Pakatan had announced before.

It was but a precursor for more to come. A steady stream of opposition greeted the administration which, to its credit, had vouched for a more transparent and accountable government.

From complaints of inaction against what are seen as rogue monster development projects to grievances about its sluggishness in implementing conservation policies for George Town’s Unesco heritage site, the state has had to face a stream of criticisms; even as it manoeuvres and negotiates through the complex web that is part of politics and governance.

In what is perhaps the most exasperating instance, the administration was caught by surprise when it was first confronted by protests against plans to develop free public Wi-Fi access across the state. Then about a month ago, activists in Tanjung Bungah, fed up with hillslope development projects there, went loudly up in arms, clanging pots and pans, decrying the government for its perceived slothfulness in rectifying the crisis.

And now in the latest case, there are simmering questions about how the state could announce a cable car project on Penang Hill without any residents’ bodies or environmental groups being consulted.

Make no mistake; Lim’s administration has been quite approachable, even as it heaves with tremendous expectations the electorate has placed on its shoulders. But there is talk that in the urgency to demonstrate an investor-friendly face, Lim has become too reliant and chummy with private business concerns. This is a tough matter for Lim to tackle; for the state needs investor support, especially as it feels the squeeze on funds from the Barisan Nasional federal government amid a nerve-wracking financial crisis.

But, for the most part, the NGOs here are genuinely driven by a sincere passion. It is a passion that stems from an intensely parochial sensitivity for Penang that is perhaps best understood by those who have lived here. "There is a lot of expertise in the community," said one local activist. "And we are just more than willing to help … Why isn’t the state consulting us more?"

Anyone taking power in Penang would do well to note this passion that drives the NGOs. It was the fury of the NGOs that stopped the over-ambitious Penang Hill development project in 1990, and sent legendary chief minister Tun Dr Lim Chong Eu crashing in the general election that year. It was that same fervour that effectively forced the hand of the former state government under Tan Sri Dr Koh Tsu Koon to reject the mammoth RM25 billion Penang Global City Centre project planned in the heart of the island.

Koh and his administration had for years faced the acerbic brunt of the NGOs. For the most part, he took it with his chin up.

For Penang is a bastion of the NGOs. If it was "people power" that swept Pakatan to rule, then it must come with a quivering tinge of significance that a "People’s Forum" should drop on Lim’s table a stack of documents – just as Pakatan prepares to commemorate its first full year in power.

If anything, the People’s Forum must have come as a polite nudge, a gentle reminder, to the government of the day of who exactly put it in power.

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Perak Speaker sues state legal adviser

Perak Assembly Speaker V.Sivakumar today filed a suit against state legal adviser Datuk Ahmad Kamal Shahid, calling for the High Court to nullify the injunctions issued by the Ipoh High Court on March 3 prohibiting Sivakumar from convening more unlawful State Assembly sittings.

In his suit filed at 3.40pm today, Sivakumar asked the court for a declaration that Ahmad Kamal had acted without authority when he purported to represent him (Sivakumar) during the hearing of the injunction application in chambers on March 3, and again on March 5.

Sivakumar also asked for a declaration that Ahmad Kamal acted "negligently, in breach of contract and in breach of fiduciary duty" resulting in an injunction being granted against him in the first proceedings, and that the injunction order made on March 3 is a "sham and null and void", and asked for it to be set aside.

The suit, which was filed by N. Ganesan on behalf of Tommy Thomas, went on to accuse Ahmad Kamal of "colluding" with the counsel representing Mentri Besar Datuk Dr Zambry Abdul Kadir.

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Nizar-Zambry battle for Perak MB post goes to Federal court

The High Court ruled today that the constitutional issue in the dispute between Datuk Seri Mohammad Nizar Jamaluddin and Datuk Dr Zambry Abdul Kadir over the latter's appointment as Perak Mentri Besar is to be referred to the Federal Court.

Justice Lau Bee Lan made the decision after hearing submissions from Senior Federal Counsel Datuk Kamaludin Mat Said and Nizar's lead counsel Sulaiman Abdullah on Monday, saying that it was to bring about "speedy and economical determination" to the legal dispute.

She said there are constitutional issues involving the interpretation of Article 16 (6) of the Perak Constitution which required the apex court to resolve.

Lau then directed Sulaiman and Kamaludin to formulate constitutional questions to be referred to the Federal Court. She also stayed the judicial review in her court.

Lau said she agreed with Kamaludin's argument on Monday that the court must give a wide meaning to the interpretation of "constitution" under Section 84 of the Courts of Judicature Act. Kamaluddin had argued that Section 84 was applicable to this case as it covered issues arising from both the Federal Constitution and the State Constitution.

Sulaiman, in his submission on Tuesday, however disagreed, contending that the High Court should first deal with and grant Nizar's application for leave to file for judicial r eview before considering the issue of referral to the Federal Court.

He argued that Section 84 only applied to cases in which issues arose from the Federal Constitution and not the State Constitution and that it was not applicable to Nizar's suit as the issues in dispute related to the Perak Constitution.

Sulaiman applied for stay of Lau's order pending appeal to the Court of Appeal as the ruling involved interpretation of the Act which might have repercussions on other cases.

Lau dismissed the application, and fixed Tuesday to determine whether questions formulated for the Federal Court's determination can be pronounced in an open court.

Mohammad Nizar took up the case after he was asked to step down as menteri besar by the Sultan of Perak who then appointed Zambry to replace him after declaring that Barisan Nasional had the majority in the state assembly.

BN seized power after three opposition assemblymen quit their parties to become 'BN-friendly independents' and another returned to Umno just days after joining Parti Keadilan Rakyat (PKR). This left the two sides with 28 assemblymen each in the 59-seat assembly.

Mohammad Nizar then went to court, seeking a declaration that he is the righful Perak MB and an injunction to bar Zambry from discharging his duties as the MB.

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Arrest Samy Vellu, says MP

KAPAR MP S. Manikavasagam has launched an attack on MIC president Datuk Seri S. Samy Vellu over the Malaysian Institute of Educational Development (MIED) controversy.

He called on:
● Samy to take full responsibility for the imbroglio and relinquish his post as party chief;
● The authorities to freeze Samy Vellu’s bank accounts as well as that of senior MIC leaders and
their families “as the missing MIED funds involved the blood and sweat of Malaysian Indians in particular”;
Arrest Samy Vellu, says MP
● The authorities to arrest Samy Vellu immediately following a police report lodged alleging the misuse of donations for Sri Lankan tsunami victims; and
● The government to immediately stop channelling funds meant to uplift the lot of the Indian
community via the MIC or its associated organisations.

Several police reports have been lodged alleging financial mismanagement in the construction
and maintenance of MIED-run AIMST University in Kedah.

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Pro-active Pakatan

DESPITE the problems faced in Perak and the uncertainty of its State government, Pakatan
Rakyat (PR) has already laid down its plan and strategies for the three by-elections, all of which share the same April 7 polling date.

The three upcoming by-elections are for the Bukit Selambau State seat in Kedah, Bukit Gantang parliamentary seat in Perak and the latest, the Batang Ai State seat in Sarawak.

With limited resources that have to be stretched thin, the coalition of Pas, DAP and Parti Keadilan Rakyat (PKR) is working furiously on the game plan for the coming battles.

PKR’s director of planning and strategy Saifuddin Nasution Ismail said PR had anticipated
that nomination and polling dates for Batang Ai by-election would be the same as the other two by-elections and therefore made early preparations.

“As far as we are concerned, the three by-elections would have great impact on us. They are the yardsticks with which we can judge whether the people accept us or not.” he said.

“Given such an important impact for our future survival, we have taken proactive measures to ensure victory.”

Saifuddin said Batang Ai would be the yardstick if PR should contest the upcoming Sarawak State election, while Bukit Selambau would show whether PR is maintaining its influence or seeing a decline in popularity.

“The result of the Batang Ai by-election will reflect how Sarawakians perceive us. If we win, that means we are accepted and we will contest the upcoming State election.

“As for Bukit Selambau, we won the seat in last year’s general election. So this by-election is a yardstick of whether our influence is still strong or declining.

“Bukit Gantang, on the other hand, will tell us and the nation what the people of Perak truly want — a State election or to move on with the present State government.

“Thus, all the by-elections have great bearing on PR and I think they will also have an impact on Barisan Nasional and Datuk Seri Najib Razak.

“Since Najib said the Kuala Terengganu parliamentary by-election held in February was not an indication of his taking over, now let us see whether or not the three coming by-elections reflect his acceptance.”

Saifuddin said PR had agreed that all three by-election campaigns would be headed by at least a vice-president of the parties in PR.

This was to reflect the seriousness of PR’s approach to the by-elections.

He added that last week, PR had gathered 150 leaders from Sarawak involved in the Batang Ai by-election to be trained and briefed on plans and strategies.

“We are starting early. We are being pro-active to ensure that we win.”

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Solve the crisis in Perak

YESTERDAY marked the first time in our history that a State Assembly was convened under a tree in a car park. We are tempted to laugh, or at least to hail it as a questionable milestone in the development of our democracy, but truly we have nothing to smile about.

The situation in Perak has degenerated to the point where an attempt to convene the State Assembly in the State Secretariat had been deemed illegal and the police allegedly threatened members of the assembly with arrest should they have tried to enter their own chamber.

The entire situation lacks legal clarity and both sides have claimed moral and constitutional justification for their actions.

Furthermore, the High Court in Ipoh has ruled that no further sitting of the Assembly can legally be called by the Speaker, but this is perhaps an abrogation of the court’s power both by virtue of the
doctrine of the separation of powers, as well as the contradictory absence of that separation as has been interpreted in a judgement of the Federal Court placing the judiciary beneath the legislature.

In any case, the situation may already be moot if the “car park assembly” is recognised as legitimate: Before the High Court reached its decision, members present had resolved unanimously to dissolve the State Assembly in order to trigger fresh State elections.

As a result, there is (has been, and can be) no effective government until the impasse is brought to a satisfactory conclusion — and time has already run out.

The recent decisions of politicians in Perak have put the people of the State on a path that can now lead only towards conflict, and the longer the stalemate is allowed to persist, the greater the
chance that such conflict will turn violent.

Civil institutions are on the verge of collapse: It is frankly ridiculous that the secretary of the assembly should be allowed to overrule the Speaker, or that the police should prevent elected
representatives from meeting to discuss affairs of State.

Such actions set dangerous precedents in other legislatures around the country, and even in the Federal Parliament which recently saw a group of men preventing the entrance of a wheelchair-bound MP into the Dewan Rakyat — while security officers looked on passively in an unconscionable dereliction of their duties.

Should the Federal government be tempted now to declare a state of emergency in Perak?

No. Any such measure will turn not only the State but the country as a whole into a regional basket-case.

There is a single, simple and abundantly clear path out if this chaos: The mandate to govern must be returned forthwith to the people of Perak. If the Barisan Nasional is confident that it has the
democratic support it needs to govern the State, then it should not fear to seek a new mandate from the people it claims to represent.

Such a mandate will provide it the sorely needed moral justification for the continuance of its rule and will effectively crush any residual hope the Pakatan Rakyat may have of re-forming the State government.

Fresh elections are not only politically expedient, they are the correct course of action for the people of Perak. None but the people have the right to decide their government, and any who would ignore
this, ignores it at his or her own peril.

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Too late to unite?

Tengku Razaleigh Hamzah’s impassioned plea for a “government of unity” on his blog last Saturday gives us hope that not all politicians have succumbed to the destructive and self-perpetuating logic of political opportunism that has gripped the country since March 8 last year.

Standing at the precipice of a devastating economic crisis, with the respectability of our institutions deeply in question, and with the threat of social decay growing daily around us, “we need to do more than coast down to a failure that we can already foresee”, he said.

Few Malaysians will disagree with his sentiments, but few also will agree on what precisely must be done. Our politicians are daily engaged in vicious but ultimately trivial battles that appear designed not so much to better the lot of the people, but to score points in an increasingly unscrupulous race to power — and unfortunately these battles are what shape the political mainstream today and command and divide loyalties around the country.

Furthermore, before we rush too quickly either to accept or reject the new scenario, we must remember that the alternative is equally unpalatable: Are our leaders and elected representatives so far removed from the will of the people as to be blind to fears of an economy in jeopardy and a society beset by a widespread deterioration of principle?

Tengku Razaleigh’s proposal to support Pas president Datuk Seri Abdul Hadi Awang’s call for a unity government may be the last remaining path out of this mess, but perhaps it is already too late for any such government to succeed in a climate long defined by political selfishness and institutionalised corruption.

Many now fear that the protracted political stalemate in Perak will degenerate further into an instability that will lead inevitably to violent social disorder; and regardless of whether these fears are reasonable or unfounded, the fear itself remains palpable and true.

Radical changes are required to prevent an even worse political crisis: We must decouple business interests from politics, and make government a thankless task so distasteful to those seeking financial reward or glittering fame that only true public servants will seek high office — and the higher the office, the greater the burden.

We must also acknowledge that the political system of racial power-sharing works well only when all ultimately yield to the visionary and benevolent leadership of a single individual; and that such a system, regardless of the benefits it may bring in the short term, will ultimately result in the destruction of institutional — and individual — independence that is crucial to the survival of a modern nation state.

We must cease to depend on “leaders” for guidance and start accepting responsibility ourselves for the state of our nation. We must remember that the political demagogues we slavishly worship should in reality be our servants and that we owe them no more consideration than we do those who willingly choose to do our bidding.

It is also time that we dissociate ideas from the personalities who utter them: A good idea remains so regardless of who thinks of it first, or who says it, just as a bad idea remains bad even in the mouths of the most cherished hero.

We must put an end to the ceaseless second-guessing and speculation about motives and evaluate proposals for what they are; for our prejudice against (or bias for) a particular champion has often in the past made us blind to the merit, or lack, of their arguments.

Tengku Razaleigh’s government of unity may buy us some time to realise our deeper need for social change, but any such time is limited and may come at a terrible price. We must remember that it is only through change that we can hope for salvation, and we must be prepared to meet this challenge without care for fame or fortune. Are we equal to this task?

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