A Piece of Good to hear NEWS

AT least news like this make me smile.

He braved himself and thus rewarded.

Good job, my friend.

------

Brave cop gets his just reward - he is acting ASP now

By NG CHENG YEE

Ang Weai Leoong

PUTRAJAYA: Despite being shot twice, police officer Ang Weai Leoong refused medical aid until he had arrested members of an armed robbery syndicate.

And yesterday, for his courage and putting duty before self, the former Chief Inspector with the Kuala Lumpur special investigation unit was promoted to acting Assistant Superintendent by Inspector-General of Police Tan Sri Musa Hassan.

The 31-year-old father of two was shot twice in both his legs when leading six officers in a raid at a condominium in Sungai Long on Nov 5 last year to bust the Ah Tok Gang, a syndicate that specialised in robbing luxury cars in the Klang Valley.

“Even in such a critical situation, he was still able to stand up, with the will to continue his duty, to arrest two members of the gang,” Musa said at the award-presentation ceremony here yesterday.

Ang suffered from broken bones and was bleeding profusely and was taken for medical treatment at the Kajang Hospital, he added.

Musa said Ang and his team should be given due recognition for their sacrifice and commitment.

Ang, who is still on medical leave, said he was thankful and proud for the recognition. “Criminals these days are very different. They are willing to do anything to escape from the police,” he said.

“However, I will not give up but will continue to work hard to improve the image of the police force.”

Ang’s wife Lim Koon Teem, who accompanied him, said she knew about her husband’s occupation when they first met seven years ago.

“It is his love for the country that I admire.”

Recalling the morning when she first heard of Ang’s injury, Lim said: “I was very glad that it was him (Ang) and not any of his colleagues who called me up and told me about the injury.”

She said she was worried and sad after visiting her husband at the hospital.

“However, I did not dare shed tears in front of him because that would make him feel bad.

“I went to some corner of the hospital to cry,” she recalled, adding that she was very proud of her husband’s commitment.

Come On LAH....

Outrageous, disgraceful, contemptible, shocking, disgusting, deplorable, unforgivable, unacceptable.

How could they do that?

Well if they are so efficient, why not arrest Khir Toyo for all the makan-duit activities.

---- from Malaysian Insider

Police raid DAP HQ, seize PC, DVDs

Ooi (in orange clothes) with DAP leaders during the police raid on the party headquarters. — Picture courtesy of DAP headquarters

UPDATE 2

By Shannon Teoh

PETALING JAYA, May 23 — Police raided the DAP national headquarters for the first time ever this evening, carting away a computer and 19 digital video discs (DVDs).

The search and seizure, made without a warrant, was in relation to leaflets found when arrests were made during a candle-light vigil two nights ago in Pandan Indah, Kuala Lumpur, calling for fresh polls in Perak.

It is the latest in a series of crackdowns on Pakatan Rakyat (PR) attempts to gain public support on the Perak crisis which includes repeated arrests and banning of videos of the chaotic May 7 Perak assembly sitting where Speaker V. Sivakumar was dumped.

"First time in the 42-year history of DAP, police raiding our HQ," DAP veteran leader Lim Kit Siang posted in his Twitter account.

Three unmarked cars arrived at the headquarters and 11 plainclothes officers entered the building on the quiet Jalan 20/9 residential area in Petaling Jaya at 6.25pm.

They had brought Ooi Leng Hang, a party worker and one of the detainees from that night, who gave them the password to unlock the digital lock on the front door.

The handcuffed Ooi, who is DAP Socialist Youth political education chief, then led the police to his workstation, where police began to detail the items on his desk to be taken away.

They include his computer, monitor, keyboard, mouse, earphones, external hard drives and DVDs including those related to the May 7 assembly and one labelled "Photos of Port Dickson Camp."

Treasurer Fong Kui Lun and vice-chairman Tan Kok Wai were the first DAP lawmakers to arrive at about 6.50pm followed by lawyers Gobind Singh Deo and Lim Lip Eng.

Gobind had asked the officer in charge if he had a warrant and what provision they were conducting the search under.

Ooi (second from right) looking at the list of seized items which he has to sign for, as (from left) Kamal, Gobind and Tan look on.

ASP Kamal Khan Mohd Sharif said he did not have a warrant and had to call his superior, a DSP Goh, before telling Gobind that the raid was done under Section 11 of the Printing Presses and Publications Act.

Gobind, DAP's legal affairs chief, allowed Ooi to sign a form detailing the list of items taken but later told reporters that the Act still requires a search warrant.

"He did not even know which provision. This shows that the police do not know what they are doing," the Puchong MP said, adding that he would lodge a report against the "trespass" and also write to the Selangor police chief on the matter.

National organising secretary Teresa Kok called the raid another "scare tactic" after several arrests made at vigils to quash dissent against what is perceived an undemocratic takeover of the Silver State.

"They arrested people just for wearing black and holding candles," the Selangor senior executive councillor said.

DAP Socialist Youth national secretary Loh Chee Heng condemned the raid, calling it "the latest despicable act by the police in their ongoing crackdown on the nation’s democracy."

"The police’s possible ludicrous move to charge Ooi, DAPSY deputy chairperson Jenice Lee and the other 14 DAPSY members and supporters under the 1984 Printing Presses and Publications Act is extremely regrettable," Loh said, demanding the immediate unconditional release of those who were arrested at Thursday night’s vigil.

The police left the DAP headquarters after about an hour.

Nazri IS WRONG

Nazri is WRONG...period. Taken below is an article from The Malaysian Insider.

Nazri's point is totally incorrect and bias.

The Malaysian Bar backed by about 13,000 lawyers in West Malaysia supported by their brother lawyers in East Malaysia namely Sarawak Bar Association agrees uneqivocally with the Bar Council to sue the government, inter alia, the Home Affair Minister and at the same time naming the IGP and the OCPD as Defendants for the police high-handed and abusive acts.

Not only that they are to be sued but at the same time society MUST condemned their action and MUST demand the resignations of all involved including the Home Affair Minister.

If what Nazri says that suing the government for the detention of five legal aid lawyers is an attempt to intimidate the enforcement authorities from discharging their duties, then what about lawyers who are actually discharging their constitutional and statutory duties.

Nazri should have known that the lawyers arrested, were called in by their clients to render legal assistance. The lawyers in fact requested to see the form (i.e. the form declaring that they wished not to have legal assistance), that were also denied by the police. What are there to hide? And instead of showing the declaration form, the police under the orders of the OCPD of Brickfields, arrested the five lawyers from the KL Legal Aid centre.

As such the police action is totally uncalled for, arbitary and have no respect for rights of the lawyers in discharging their constitutional and statutory duty.

Nazri: Bar Council’s decision to sue govt an attempt to intimidate

KUALA KANGSAR, May 17 – The decision by the Bar Council to sue the government over the May 7 detention of five legal aid lawyers is an attempt to intimidate the enforcement authorities from discharging their duties, Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz said today.

He said it also showed that the legal practitioners themselves wanted to undermine the country’s legal system.

“The Bar Council is supposed to be a role model. If police enforce the law and among those caught are their (Bar Council) members, they have to accept it.

“We have the judiciary. Let the court decides whether the five lawyers are guilty or not,” he told reporters after opening a programme for Ujian Penilaian Sekolah Rendah (UPSR) pupils in the Padang Rengas parliamentary constituency at the Sekolah Menengah Kebangsaan Temenggong, Kati here.

He was commenting on a resolution passed by the Bar Council at its extraordinary general meeting on Friday to sue the government and Inspector-General of Police Tan Sri Musa Hassan over the detention of the five lawyers during the candlelight vigil for the Coalition for Clean and Fair Elections (Bersih) activist Wong Chin Huat last week.

On the political crisis in Perak, Mohamed Nazri said, the court was the best avenue to settle the dispute and that there was no need for a fresh state election as the state legislative assembly was still intact.

“There is no hung assembly”, he said, adding that the request to dissolve the state assembly cannot not be made by the minority. – Bernama

Res Ipsa Loquitor

Latin it mean "The thing speaks for itself". It speaks nothing but a making of a police state.

I have uploaded the video from Malaysiakini. The whole clip speaks of unlawful arrest and the abuse of powers by the police. I can try to understand if the police arrested those that went against the court order i.e. prohibiting any gathering within a radius of 500 metres of the state building HOWEVER I can't help it when the police arrested people sitting in restaurant having a nice teh-tarik for breakfast. That is just tyranny.

I must asked ON WHAT LAWS ARE THEY APPLYING? To the Home Affair Minister, is that correct?

Watching the almost 9 minutes video make me depressed and literally making me asked this same question over and over again. IS MALAYSIA A GOOD HOME?

Seriously I have come to a point of giving up Malaysia.

Therefore I conclude, that '1Malaysia' recently promulgated by PM Najib, ..... is just another slogan. I thought I had hope but ..... no more.

Bye Bye Khalid

Bye Bye Khalid. Serve you right Mister. People like you do not deserve to be in the force. Giving the good police force a bad name. People like you don't deserve to call DATUK.

Liar liar pants on fire

Now the police should investigate the matter fully without cover ups.


------ from the Malaysian Insider

KUALA LUMPUR, Jan 29 — The Member of Parliament for Kapar, S. Manikavasagam, today lodged a police report against Selangor police chief, Datuk Khalid Abu Bakar who claimed that two deputy ministers and the family of car theft suspect, A.Kugan, had barged into the Serdang Hospital mortuary on Jan 20.

Manikavasagam and lawyer N.Surendran lodged the report at the Brickfields District Police Headquarters at 12.10 pm.

“We not only lodged a police report, we also handed over a CD recording to the police to prove that the allegation that the two deputy ministers in the Prime Minister’s Department, Senator T. Murugiah and Datuk S.K. Devamany, and the victim’s family had barged into the hospital mortuary was totally incorrect,” he said.

Manikavasam said the CD recording clearly showed that the two deputy ministers concerned were not at the scene when the people entered the mortuary, and were only present several hours later.

“The police allegation that the victim’s family had trespassed into the mortuary was also not true because the recording showed that the staff at the mortuary had allowed all family members of the victim to come into the room,” he said.

Manikavasagam said that as such, action should be taken against the Selangor Police Chief for making a false statement.

Kugan, 23, who had been detained on suspicion of being involved in the theft of luxury cars in Sungai Chua, Kajang, was found dead while in custody at the lock-up of the Subang USJ Police Station.

Brickfields OCPD, ACP Wan Abdul Bari Wan Abdul Talib, when contacted by Bernama, confirmed receiving the report at 2.20 pm.

Khalid, when contacted by Bernama, declined to comment on the police report lodged against him. — Bernama

You are wrong Datuk Seri Syed Hamid

Datuk Seri Syed Hamid Albar's statement below is unwarranted and a shallow. As a former lawyer he should very well know that all suspects are innocent until proven guilty. The burden of proof is not on them. More so if the prosecution alleged that a criminal situation had taken place, proved it. He who alleged MUST prove that is the basis of our criminal justice system.

As such Kugan's death or any other person detained and died during detention is nothing short but criminal wrong committed by the police. So should the police be seen as a hero in allowing brutality in their own back yard? I don't think so.

The public such as I includeed, am not happy with the attitude and the conduct of some police officers in taking the law into their own hand. Why can't they just follow procedures as laid down under the law.

I am reminded the cases in UK such as Birmingham Six or Maguire Seven or Guilford Four where the it caused the Home Secretary to set up a Royal Commission on Criminal Justice in 1991 which led to the Criminal Appeal Act of 1995 and the establishment of the Criminal Cases Review Commission in 1997.

So like our country, there is a need to form such commission to correct and strengthen the reputation of the police force. Those who are involved in the beating of detainees (or any wrong doing) should be terminated and charged by the court of law. There should not be any cover ups and due compensation should be given to the family of the loss.

I am sure Kugan and the others that have died prematurely including their family are not seeking for glory or being called a HERO but merely seeking that JUSTICE prevailed.


----- Taken from The Malaysian Insider

PUTRAJAYA, Jan 28 — The people should not regard criminals as heroes and the police who enforce the law as demons, Home Minister Datuk Seri Syed Hamid Albar said today.

Speaking in general terms, he said no one was above the law and added that action would be taken against those who broke the law, even if it was the police.

“We will not conceal the facts,” he told reporters at his office here.

Syed Hamid said he was not linking his statement, made in general terms, with the death of car theft suspect A. Kugan who had died while in police custody at the Taipan police station in Subang Jaya on Jan 20.

“I am not pinpointing anybody,” the minister stressed.

He explained that police had detained three suspects including Kugan following investigations into 19 cases of vehicle theft and armed robbery.

The minister also asked the people not to politicise the investigation into Kugan’s death, saying it would make the police task more difficult.

“They must talk of the case based on facts and not assumptions,” he said.

Kugan, 22, who was detained on Jan 15 at the Taipan police station on suspicion of being involved in the theft of luxury cars in Sungai Chua, Kajang, had died while being questioned.

Selangor police chief Datuk Khalid Abu Bakar had said a post-mortem found that Kugan had died due to fluid in his lungs but Kugan’s family sought a second post mortem, insisting that Kugan had died of injuries.

Attorney-General Tan Sri Abdul Gani Patail said later that Kugan’s death had been classified as murder. A second post-mortem on Kugan has been done since.

The police are investigating Kugan’s death and the results are expected to be known soon.

Kugan’s funeral was held today. — Bernama

Kugan's death - Pewaris and Selangor CPO - Just shut up and repent

I agree with the views by Datuk Seri Anwar Ibrahim that Kugan's death is NOT A RACIAL issue but a Malaysian issue. Kugan is innocent until proven otherwise and this insane act of police brutality should not had happen in the first place.

I believe Malaysian of all walks condemned this insane act as well as the flip flop statements by the Chief Police Officer (Selangor) Datuk Khalid Abu Bakar in covering up police brutality in the force. Now with the second autopsy report confirming external injuries caused by blunt force trauma, the police force and the Malaysian government owed not only the family of the late Kugan but all Malaysian an unconditional apology and a right to demonstrate against the coward act of the police.

Though I welcomed the Attorney General classification the case as murder and that the 11 policemen from the Subang USJ Taipan police station have been reassigned to desk duty pending investigations, the Malaysian government should convene and Independent Commission to investigate not only this case but the many others related cases involving police brutality and death in police detention and those that caused the wrong should not onlly be suspended but be charged and trialed under our legal system.

Enough said.

And as for Pewaris that this procession was inadvisable as it might offend the sensitivities of others, maybe I should asked Pewaris, on whose sensativities? Police? And also the coward statement of Selangor CPO issuing a warning. How can the people accept police brutality and death in police lock-up. Such unlawful act is so wrong going against all laws of this land. Pewaris should know that this act of questionable conduct of the police is unbecoming of the police force and making it a mockery of the legal and enforcement system which is violation of basic human right and the police lock up rules. In fact Pewaris should denounce such despicable act AND the Selangor CPO should apologised to all.

------ Taken from the Malaysian Insider

Muslim NGO echoes police warning for Kugan’s funeral

KUALA LUMPUR, Jan 27 — Pewaris, a non-governmental Muslim advocacy group, today appealed to MIC president Datuk Seri Samy Vellu to urge the Indian community not to get involved in any protest demonstrations during tomorrow's funeral procession for A Kugan, a suspect in a car theft case who died while in police custody.

Pewaris deputy chairman II Rahimuddin Md Harun told a press conference here that any protest during the procession

Yesterday, Selangor police chief Datuk Khalid Abu Bakar issued a warning that police would take stern action if the procession was used to stage illegal protest demonstrations.

Kugan's remains will be brought from the University Malaya Medical Centre near here to the Batu 14 Puchong crematorium for final rites before being cremated.

Kugan, 22, was arrested on Jan 15 on suspicion of being involved in the theft of luxury cars.

He died on Jan 20 while detained at the Taipan police station in Subang Jaya. The case has been classified as murder. — Bernama

Making the Police STUPID

I read the Star this evening and found this latest entry on JERIT handling a memo to Senator T. Murugiah, the Minister in the PM's department and was amused with the logic given by the police during their cycling campaign. I must salute JERIT for their determination though 111 arrest, sexual harassment, police harassment, got their bicycle torched and flamed, persistently abused by pro establishments (u know what I mean, especially members of U Must Not Object members) and the many other old fashioned mathod of intimidation.

But nevertheless, I think I must applaud the Senator for receiving the memorandum and at the same time....

I feel 'bangga' that there are rakyat Malaysia who would just went all out not fearing intimidation of wanting to see CHANGE. Change to among other things discriminating policies and laws, requesting for the minimum wages acts, stop the privatisation of public facilities, control the prices of goods and restore local government elections. These are all warranted request that are good for the country and her people. So why not? deliberate it in Parliament and let our law makers debate it and fight it out.

But what is more embarassing, is our men in blue and the pro establishments chaps. Yes, included the police. Why the harassment? Why the insult and the abuse? Why the use of arbitrary force? Why the threat? It shows the acts and conducts of the police are inter alia:-

i) shallow and unintelligent. In short STUPID
ii) a poo poo undemocratic organisation
iii) insult to Malaysia and her people
iv) discriminating, what about the Rempits??
v) very unnecessary and uncalled for
vi) a waste of public funds
vii) abusive and ruckus
viii) questionable
and many more.....

Like Kit says, "“commended” the police for highlighting the campaign -- without the alleged police harrassment, the event would not have received so much attention locally and internationally"

A big thank you to them for making JERIT famous.

JERIT....what is so wrong about it?

My patient is killing me.

Seeing the police or some 'people' with much enthusiast, either stopped, burned, detained or now arrested members or their children (oops error....protecting the children from being exploited) from cycling. Cycle for Change.... why not?

Now compare that to Mat Rempit menacing the city in KL and elsewhere. I am wondering why can't the police show some decency in arresting this menaces.

At least the cycling activity has an agenda that is beneficial to Malaysian society compare to the Mat Rempit who only endanger lives of people and that include the police. There are events that police officers were injured by these dare devils who couldn't care less for their own lives.

What so wrong about Cycle for Change? Just because they do not have permits?

I sincerely think it is a good agenda. A good and healthy environment for society. Instead of arresting their activity, it should be encouraged. An activity that attracts the young. Compare that to drug and alcohol abuse.

I think the police should just focus themselves and not be so selective in prosecuting.

More than JUST A BETRAYAL

Betrayal? Exactly my feeling with the mixture of Disappointment, Outrageous, felt Offended, Aghast, Furious, Irate, Shameful, Embarrassed, Annoyed etc etc etc. Can we trust our police? More so all within the compound of the police department.

-----

©New Straits Times (Used by permission)

THIS is how defeat is snatched from the jaws of victory. What was hailed four months ago as a record-breaking success in the war on drugs -- a seizure of nearly RM50 million worth of assorted narcotics, resulting in the arrest of a dozen felons and the disruption of an international syndicate -- turns instead into another shameful embarrassment for the police. The apparent disappearance of RM1 million worth of syabu from a strongroom in the Johor state police headquarters, with evidence indicating an "inside job", sits discomfitingly among similar thefts in recent years. In each case, mid-level officers have been punished for dereliction of responsibility by being reassigned to other duties.

To an extent, the police force is granted the right to keep its own house in order -- an article of faith born on pragmatism, considering the difficulties inherent in the police being called on publicly to investigate themselves. The continuing impulse towards establishing a commission to oversee the police, however, is only accelerated by incidents such as these. This lends urgency not only to the need to solve this crime, but to ensuring there is no hint that the police would prefer to cover it up rather than get to the bottom of it.

One wonders, though, how much the general public loss of faith in the country's security forces has conduced to the sort of fatal cynicism that would have enforcers prefer to be hanged as sheep than lambs. With millions of ringgit in seized assets languishing in their strongrooms, what temptations must befall the guards? As we are at present witnessing with the Immigration Department, where the arrest of senior officers on suspicion of complicity in illegal activities seems hardly to have cowed junior ranks into sticking to the straight path, the rot may have so permeated such agencies that it hardly matters whether or not the fish rots from the head, once the entire entity is riddled with a loss of faith.

Hence, while the Anti-Corruption Agency pounds its beat with renewed resolve, picking up sundry civil servants and government contractors to examine their palms for grease, and while public opinion continues to demand that the guilty be ferreted out and punished to the fullest extent of the law, it is truly dispiriting when the enforcers themselves continue to betray what frail shreds are left of the public trust. Without that trust, it should go without saying, they do not serve the nation's security but undermine it.

Massive.....

It was a massive jam, created not by the police but under the instruction of the federal government. There were road blocks at almost every corner of Kuala Lumpur since Sunday. And I have read here that it will go on for the whole day UNTIL further notice. Reason for such drastic action, NATIONAL SECURITY in the interest public security.

Though Datuk Seri Syed Hamid Albar (Home Minister) issuing an apology to the Malaysian public but reiterating that the police operations were undertaken in the interest of public security, the whole situation should be handled properly and in an orderly fashion and not let Malaysians going to their offices cursing the police (though not their fault only acting under a superior command) for the discomfort caused.

What reasons are there to justify such arbitrary act by the powers that be. The reasoning blanketing national security is not something which the authorities can always claimed. There are many instances the authorities used such a reason, such as, the arrest of Hindraf leaders claiming that they have being supported by terrorist and as at to date NO EVIDENCE of such link brought by the authorities. The Opposition went one step by even asking the government what makes the authorities do what they have done in the today massive jam. Were there illegal gatherings at the first place? If there are, who are the organisers?

People want to see evidence of such as accusation and until such evidence is brought before the people, the authorities should not raise it and justify their action.

Everybody knows, a massive jam like what had happened in the city, would cause great distress to the economy and people of all walks.

Postponed Again....

YB Lim Jack Wong ADUN Bachang), YB Goh Leong San (ADUN Kesidang) and YB Sim Tong Him (MP Kota Melaka) case on the unlawful assembly, so called rioting and 'curi besi' was postponed to another month. They have not being charged, still on police bail. I am now wondering how efficient our police force in their investigation and at the same time the capability on the Attorney General's office in framing the charge against our three local heroes.

Now since the matter happened three months ago without a charge preferred against them, looks like the legal team will now proceed to file a civil suit against the OCPD, government of Malaysia and Police DiRaja Malaysia for the allegation of police brutality and abuse of power against YB Lim who was bitten unnecessarily.

Below are some photographs of the press conference immediately after the release of YB Lim three months ago and also the forum organise by state DAP titled "Polis atau Samseng".



Please see here, here and here for previous entries

Security Threat?

The below article would mean that our country is under security threat. That is how I perceived this news report. So my question, IS OUR COUNTRY IS UNDER A SECURITY THREAT until the army has to be called in?

Army to help maintain order if need arises

KUALA LUMPUR: The armed forces will be called in to assist police in maintaining public order if the security situation of the country warrants it, said Inspector-General of Police Tan Sri Musa Hassan.

“However, this will only be done after consultation with the Home Affairs and Defence Ministers,” he told reporters after witnessing the launch of the inaugural six-day joint police-armed forces exercise at the Royal Malaysian Police Senior Officers College in Cheras Wednesday.

Musa said it was the responsibility of both the police and armed forces to ensure that peace and security prevailed in the country at all times.

He said one of the reasons why the police and armed forces held the joint exercise was to ensure they were prepared for the situation, following recent challenges faced by law enforcement agencies here.

“The exercise is also to enhance the cooperation between the police and the army, besides helping improve coordination, logistics and communication between the two forces,” he added.

Army chief Jen Datuk Seri Abdul Aziz Zainal said the exercise would be held in two phases to better enhance implementation during a national security-threatening scenario.

“The first phase will involve discussions and, when the time is right, proceed to deployment,” he said, adding that the idea was first mooted about two years ago.

Musa, when asked about the police report made by PKR de facto leader Datuk Seri Anwar Ibrahim against him and Attorney-General Tan Sri Abdul Gani Patail, refused to comment and said that it was under investigation.

Replying Johan Jaaffar : The law and the art of being popular

I blog to disagree with the contention by Johan Jaaffar. Though I agree that everybody including the Royals are below the law as all men are equal below the law and that simply mean the Rule of Law in our Rukunegara.

As for me, I am a strong believer of a moral attachment in society and I also view that law is just a secondary attachment to provide order for the people to follow. As such between public morality & safety and the law, public morality outweigh that of the law. That means, those in authority such as the police, state assemblyman and parliamentarian owe a higher duty of care to see to the public needs and that outweigh the supremacy of the law. This means morality has the force of law to determine fairness and justice. I am not saying that the law must be broken but that the law must be seen in continuation with the desire of the people. Justice must NOT ONLY be done but must be seen to be done. The law MUST run in tandem with the everyday life of the people.

If things and situation becomes unfair and unjust, than fairness and justice must be manifested by the people in authority. If the law is 'unlawful' and 'unjust', then there must be a strong moral attachment to amend or change that piece of legislation or policies. Take the Internal Security Act, the Police Act, the Official Secret Act, the University and College Act, Printing and Presses Act, Sedition Act and a whole lot more of laws that need to be reviewed, amended and abolished altogether.

Can we say that these laws are justified and fair? Can we say that these laws reflects the views of the people and the freedom stipulated in the constitution? My gut feeling says 'NO'. Are we trying to say that the police officer hoisted by the people want to be popular? Or that the state assemblymen arrested in Malacca for what the Chief Minister of Malacca dubbed as 'mencuri besi buruk' wanted to be popular?

In the past one month, many people have asked me, what do I think about YB Lim Jack Wong's case and the case affecting the other YBs i.e. YB Sim Tong Him and YB Goh Leong San who are all arrested together. I thought of writing an article about it but I was just so malas to pen down my opinion and views. Some are influence by the writings in Sin Chew (or Nan Yang) recently by a fellow member of the Malacca Bar and a close friend of mine, Mr. Chia Cheng Wee who opined that their act were in short foolish and set a bad example or precedent to members of the public to take the law into their own hands.

As such, this compel me to write a short note here to state my mind the need for some clarification about the acts of our YBs. There is a fine distinction between the law and morality. My opinion is simple, that the YBs owed a higher degree of morality and obligation. And that higher degree of morality and obligation outweigh that of the strict nature of the law. The law must be read in tandem and togetherness with the voice and the majority of the people. That is what we called democracy or makkal sakti.

There is indeed a higher degree of morality attached to the Malacca state assemblymen to do what's best and right for the people. The people complain to them and the abandoned project was laying for almost a year and yet nothing was done to cover the area by the authorities or the private company. Now that posed a significant danger for everybody especially school children walking pass. Worst still as school children the idea of danger is never registered in their mind. As such, that justified the acts of the state assemblymen to do what is morally right. Are we to wait for somebody to just fall and injured himself or worst still, died and then quickly do something about it. Who are we to blame or point our finger then?

The second argument of course is whether an offence has being committed by our YBs. In all criminal law every law student will know the fact that for an offence to be established, all elements of crime must be satisfied i.e. the guilty act (actus reus) and the guilty mind (means rea).

The prosecution will definitely have a hard time establishing an offence because of the lacking of the intention stated under the Penal Code. Compare that to the then OCPD of Melaka Tengah (whom I believe was promoted) who did intentionally kick the state assemblyman, YB Lim Jack Wong (ADUN Kesidang), coupled with the knowledge that his act will cause hurt inflicted to YB has committed an offence under the law. In what law or morality give the right to that OCPD to do likewise. That exist a criminal element that must be investigated and prosecuted by those in authority.

It is also in my view that the rakyat must be proactive to correct the wrong. That is why the Criminal Procedure Code gives power to the public to make a citizen arrest. The question of course is what are the ways and the channels of complaint. Do not do it yourself or take the law into your own hand but take charge of the complaint and report to us or any government agencies.

Please read here and here on YB Lim's arrest.

Now back to Johan's article which he says "WATCHING the images of a senior police officer being hoisted on to the shoulders of the so-called "Cheras barricade breakers" saddened me". To my mind, that police officer did what is best for the people that is to make the law (Police Act) practical to the people so that no untoward incident happened. There is no anarchy or public disorder if emotions are controlled and the voice of the people are heard. In fact the only wrong committed is that the slow paced by the government and the ministry concerned to intervene. Should the Minister acted accordingly and immediately, the problem would have been solved earlier.

So Johan Jaafar, though I respect your view and that may be the conventional view, maybe you should just explore the beauty of morality.

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Johan Jaaffar: The law and the art of being popular

Saturday, 31 May 2008 09:19am

©The New Straits Times (Used by permission) by Johan Jaaffar WATCHING the images of a senior police officer being hoisted on to the shoulders of the so-called "Cheras barricade breakers" saddened me. According to reports, the barricade was demolished "peacefully" by the crowd in the presence of policemen watching "to maintain peace and order". I wonder if anyone questions how many laws have been broken by the boisterous yet agitated crowd or whether the gathering is even allowed by the Police Act. Should anyone care to listen to "the other side" -- the highway concessionaire Grand Saga who maintained that the barricade was erected "on an indisputable portion of the concession area"? I have no love for Grand Saga and I empathise with the residents if at all the barricade had caused so much misery to them. But I believe we have to be fair to all parties -- the people affected and to the company, too. No one is above the law. That is the principle that we have upheld all these years. That is the Malaysian way of doing things. If we take the law into our own hands, we are heading towards anarchy. If you have been following media reports in Taiwan and Hong Kong over the Cheras issue, you will understand how much it has dented our reputation. There is another worrying element to the reports -- hints of racism. Why, I wonder, has a matter pertaining to the setting up of a barricade protested by residents of all races become a racial matter? The way I look at it, the country's image is one thing, but the maintenance of law and order is another. It is easy for anyone to say that they stand by the people on matters like this. Toll highways have never been popular with Malaysians, anyway. It hurts the pocket. But people have no choice but to pay to go places. Shall we do away with tolls on all our highways? An enticing prospect needless to say, and indeed one that will get wholehearted support from everyone, except of course the operators of those highways. But does anyone in his or her mood of irrational exuberance remember the matters pertaining to concession agreements, the funding and its necessity? In the name of popularity, should the present government pronounce as null and void all those concession agreements signed so far? Taking a populist approach is easy. Side with the people over everything. One can never go wrong. Just give the people what the people want. But things are not that simple. So the only logical thing to do is play the underdog. It is always the Goliaths over the Davids. The little people are victimised by "the system". The Big Guys motivated by nothing but greed make life miserable for the masses. These people make tons of money while the highway users endure ever increasing rates. In an economic system like ours, there is no law against making money. Playing to the gallery is good politics. Just imagine how one becomes popular siding with hawkers and every conceivable petty trader who has no regard whatsoever for the law, safety or cleanliness. Stand by them, and presto, you're the folk hero. Some of today's MPs and state representatives were social activists before. But they, too, are on the side of law and order now. Behaving like saviours of the little people is one thing, but the burden of being elected representatives is another. There are members of parliament and state representatives who would love to label themselves as orang yang ditakuti (the dreaded ones). They want the image of a no-nonsense, hard talker and a gunslinger, ever willing to spray bullets on hesitant and bumbling politicians. They build their notoriety on acting tough. Some even make it a point to provoke, condemn and humiliate others. The Dewan Rakyat sadly has become one big arena for bertikam lidah (sabre rattling). Some of the scenes are not too pleasant. Harsh words are exchanged and proprieties take a beating. Do we have to go to that? Do we have to witness our politicians behaving like spoilt schoolchildren in the so-called Dewan yang mulia? Why can't they just get into the business of representing the people? They have tons of problems to begin with. The people want their representatives to bring forth their grouses, argue their cases and help them find ways to improve their livelihoods. Why can't they do just that, rather than perfecting the art of throwing mud at each other? Why can't they be like what they are supposed to be -- ahli-ahli yang berhormat (the respectable ones)? I fear the day when fist fights will actually happen in the Dewan Rakyat. Good, rational arguments win hearts and minds. Take the case of Datuk Ibrahim Ali's maiden speech in the recent sitting. He has been called many names. But he gave one of the best speeches at the Dewan Rakyat. He has nothing new to sell, actually. But it was his calmness, research and eloquence that won the day. If only there are more like him than the noisy interrupters and perennial table bangers. Why, I wonder, do parliamentarians need to waste time on semantics and dubious rules of the House or lambasting fellow MPs when they should be making suggestions and contributing ideas? That will differentiate the men and women from the boys and girls. Brute force without wisdom fails by its own weight, someone famously said. Little wonder we forget most of the questions and statements made in Parliament. But is our society being reflected in what happens at the Dewan Rakyat today? We need a responsible government, and equally responsible representatives to play the role of check and balance. The very people who were elected on the mantra that the ruling government at the time was ignoring and disrespectful to the rakyat, practising cronyism and succumbing to racial politics, must now prove themselves as the harbinger of change. They must now show the way for the betterment of the people, to ensure the emergence of a civil society and more importantly to respect the law. That applies even to the supporters of the demolition of the Cheras barricade among them. They must also work together to heal a divided nation. Is that too much to ask from our Yang Berhormat?

Police Gangsterism? Are there?

Taken below from the Star. Whether Bachang state assemblyman did wrong or not, is for the honourable court to decide. But seeing the police taking the law in their own hands, is something that is unacceptable not only in the eyes of the law BUT that of the rakyat. We cannot accept such conduct at all.

What happen to integrity and accountability? What happen to Amanah, Bersih dan Cekap? Something is so wrong with the state of policehood in this country. WE MUST HAVE THE INDEPENDENT POLICE COMPLAINTS AND MISCONDUCT COMMISSION NOW. The use of unreasonable force by the police is unnecessary and unbecoming of a professional force. The police reflects the Yang DiPertuan Agong and I know that our beloved and respected Supreme Ruler, His Majesty the Yang DiPertuan Agong, will not tolerate such despicable act of cowardism and gangsterism of the police force.

-------- The Star

MALACCA: Three DAP assemblymen were arrested but later released on police bail to assist investigations into damage caused to an abandoned lamp-cum-telecommunication pole in Bachang here on Thursday.

In the incident at about 10.30am Thursday, Bachang assemblyman Lim Jak Wong had gone over to Taman Kesidang, Kampung Lapan, with state party chairman Goh Leong San and Kota Melaka MP Sim Tong Him to remove several metal rods at the base of the proposed telecommunication pole.

Lim, who is also Malacca state DAP secretary, used an electric saw to cut off 10 of the 10cm metal rods protruding from the base after failing to break them off with a hammer.

However, he was arrested shortly after the incident and taken to the Melaka Tengah police station for questioning with Goh and Sim who were detained at about noon when they were called in by the police.

All three were released on police bail at about 5.30pm with Lim sent to the Malacca Hospital for a medical check-up following allegations that he was assaulted by the police while in lock-up.

All three are being investigated under Section 440 of the Penal Code for mischief during an unlawful assembly that carries up to five years' jail and a fine.

Speaking to reporters later, Goh, who is also Kesidang assemblyman, said he was shocked over their arrest as they had merely gone over to address issues raised by residents from the area.

“We had finished at the site and gone for coffee at a nearby shop. However, I noticed several police personnel with Lim when I was walking to my car.

"It was later that I received a call from Lim saying that he had been arrested and assaulted by the police,” he said.

Goh said he lodge a report over the alleged assault against Lim.

Sim also expressed dismay at the action of the police to detain them as they were merely attending to woes raised by members of the public.

“The metal rods pose a danger to residents and school children from the nearby Tun Tuah secondary school. We had merely gone there to see how to resolve the issue,” he said, adding that there was no picket or demonstration.

It was learned that the proposed 30m-tall pole project belongs to the state government and it had received approval for construction in August last year with completion within two months. However, the project was subsequently shelved following the intervention of former Barisan Nasional Kesidang assemblyman Datuk Koh Nai Kwang due to objections raised by several residents before the general election.

Melaka Tengah OCPD ACP Johari Yahya declined to comment on the case.

YB Lim Jack Wong and two others ARRESTED... Damn...

we were all there waiting for the outcome.
All YBs were present

YB Lim was taken in a van to his car for so called 'investigation'

YB Lim Jack Wong (ADUN for Bachang) was arrested at about 11.00am. He was then assaulted (allegedly) by the police. Soon after that, YB Goh Leong San (ADUN for Kesidang) and YB Sim Tong Him (MP for Kota Melaka) were then asked to give their statements and was placed under arrest. I am perplexed and surprised with the conduct of the police. What they did is simply unconstitutional and morally wrong

At about 12.30pm, I was in the police station (IPD Melaka Tengah) to enquire what was the problem as I was called to represent all three YBs. I was deny entry and the YBs were all deny legal representation. The denial of legal representation is not only going against the spirit of the constitution but at the same time a breach of the law under the new amendment of the Criminal Procedure Code. I was deny on the fact that I will 'disturbed' police investigation. That is simply outrageous. The OCPD went as far as threaten to take my statement should I represent them. What crap? I am a lawyer. AND I have all the right under the law to represent them.

AND they called themselves RAKAN COP.... this is even more crappy.

The Facts - YB Lim was asked to see a complaint by the residents in Kampung Lapan that there were steel lying on the ground near Tun Tuah school. There were some residents together with YB Lim. And guess what? YB Lim was arrested. For? I was told investigated and jamin mulut under section 440 of the Penal Code. That section states:

440. Whoever commits mischief—
(a) while taking part in an unlawful assembly or in a riot; or
(b) having made preparation for causing to any person death, or hurt or wrongful restraint, or fear of death, or of hurt or of wrongful restraint,
shall be punished with imprisonment which may extend to five years, and shall also be liable to a fine.

This is totally absurd. Did he commit unlawful assembly OR take part in a riot? Or made preparation in causing death....

The police high ranking officer in beating and wacking YB Lim MUST be arrested and investigated under section 321 (read together 323) or 350 (read together 352) or 503 (read together 506)

321. Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.

323. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment for a term which may extend to one year or with fine which may
extend to two thousand ringgit or with both.

OR

350. Whoever intentionally uses force to any person, without that person’s consent, in order to cause the committing of any offence, or intending by the use of such force illegally to cause,
or knowing it to be likely that by the use of such force he will illegally cause injury, fear, or annoyance to the person to whom the force is used, is said to use criminal force to that other.

352. Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may
extend to three months or with fine which may extend to one thousand ringgit or with both.

OR

503. Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to
that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution
of such threat, commits criminal intimidation.

506. Whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to two years or with fine or with both....

AND NOT FORGETTING WE WILL TAKE LEGAL ACTION AGAINST THE POLICE OFFICER, THE IGP (REPRESENTING THE POLICE) AND THE GOVERNMENT OF MALAYSIA for aggravated damages.

BN's kuli

The most no manners police in the whole station.
Damn bas**** chap.
Konon tunjuk lagak tetapi UMNO punya polis.

Saudara Goh almost arrested

Special Branch (the boss Tuan Lim)

The whole damn police where one of them have a machine gun

I am very ashamed of the Police DiRaja Malaysia. I believed the Yang DiPertuan Agong is also ashamed of such despicable act of the Kuli of the Barisan Nasional government. Using the Royal Malaysian Police as a tool to satisfy their own political gain.

It all started when I was delivering my speech, some supporters told Saudara Goh Leong San (Candidate for Kesidang and former ADUN for Banda Hilir) that Special Branch aka Mata, was recording our speeches and also that of the people. Recording our speeches, no problem with that, but what sore us all is the recording of the people that attended our ceramah. This is uncalled for and an act of instilling fear amongst the voters. This is so wrong and not professional at all. As such Saudara Goh's anger and frustration towards the police is justifiable.

Of course the police retaliate by wanting to show who's boss. Like a gangster after our ceramah stormed into DAP office kicked our chairs and wanting to go into the inner hall which we insists that they can't come in as we have many confidential stuff. Of course that cause uneasiness on the police starting to make arrest against Saudara Goh. Immediately we (Koh Sze Choon - candidate for Klebang and I) took shots on such high-handedness of the police in performing their duty.

I do believe that Saudara Goh's anger and frustration is shared not only by all DAP candidates or DAP Melaka but by everybody who witness the incident. As like in all games, there must be fair play and integrity by all concerned including the Police.

I on behalf of all DAP candidates and Melaka DAP, strongly condemned such unprofessional act of the police. I must say that they are subordinate to the laws of this land.

Interpol?

And now it's Interpol.....

I am wondering what's next??

-----

Interpol to help find Sharlinie

By KULDEEP S. JESSY

PETALING JAYA: Police have sought help from Interpol, the International Criminal Police Organisation, to trace five-year-old Sharlinie Mohd Nashar who went missing on Jan 9, although they believe that the girl is still in the country.

Selangor CID chief Senior Asst Comm II Mazlan Mansor said police were also working very closely with their counterparts in neighbouring countries especially those bordering Malaysia. They have been asked to be on the lookout for Sharlinie and the suspect.

"So far we have not received any positive feedback from them but we will continue with the search and use all avenues to look for the girl and the suspect,'' he said on Thursday after the handing over of a mobile police van by Syarikat Perniagaan Shahira Sdn Bhd to the police at the Seri Selangor Golf Club in Kota Damansara.

The RM60,000 van which would be used by the Kota Damasara and Sungai Buloh police was received on behalf of the Royal Malaysia Police by Deputy Inspector-General of Police Datuk Ismail Omar.

SAC Mazlan said police and the girl's father were still receiving many calls and SMSes from the public on her whereabouts.

"We are still following up on every tip-off received and have sent out intelligence teams to investigate the information and carry out continuous surveillance in the areas where the girl had been reportedly sighted,'' he said.

However, SAC Mazlan warned pranksters not to call or send false messages on the whereabouts of the girl to the numbers provided on the posters and the recently set up 1-800-88-5464 toll-free number.

"People should only give genuine information and not take advantage of other people's grief.

"We won't hesitate to take severe action against those who give false information as they are interfering with police investigations,'' he added.

Meanwhile, Ismail said a house-to-house search for Sharlinie had been carried out at all abandoned houses and buildings in the Klang Valley.

"So far there is no progress on her whereabouts but we will continue to look for her,'' he added.

Bang Bang Bang Happy 2008

What a bang? I find this amusing though I wanted to know BADLY who is this Menteri in Johor. What can I say.....I'm just a kepo (busybody).

Hmmmm anyway I am more amused with this :

"Ketua Polis Negara, Tan Sri Musa Hassan, berkata polis Johor sudah diarah untuk mengesan individu atau pihak yang bertanggungjawab mengedarkan DVD terbabit di beberapa bandar di negeri itu sejak beberapa hari lalu"

AND further

"Sementara itu, Ketua Polis Johor, Datuk Hussin Ismail, ketika dihubungi berkata siasatan dijalankan mengikut Seksyen 292 Kanun Keseksaan kerana kesalahan mengedar bahan lucah yang jika sabit kesalahan boleh dihukum penjara sehingga tiga tahun atau denda atau kedua-duanya sekali"

Maybe I should suggest the police to investigate the contents of the DVD rather than to investigate the distribution of the DVD. The police should not limit themselves to only investigating the crimes of distribution under section 292 of the Penal Code but also to investigate other elements of crime including the act of pornography. There must be a thorough investigation on it more so as it states that it involved a Minister from a political party that is second in command in Barisan Nasional.

There should not be any cover. Either you shame him OR clear him, if he is innocence.

Is the Police just merely doing the Job?

I beg to differ the views by Menteri Cuci Tandas Parliament in the Sun today (Cop just doing their job : Nazri). Nazri says that the police were just doing their job and defended the police presence and action on the grounds of Parliament, including the roads leading to Parliament. He also says that it is the responsibility of the police in upholding the law and were executing it in professionally.

This is utterly bull shit and disregarding the sanctity of Parliament being the august house of the highest law making body in the country. I simply don't understand the rationale of Nazri that the demonstrators pose a threat to national security. What national security is Nazri or the government so afraid? What is the government trying to hide from members of the public? A denial syndrome? What happen to parliament liken to a rape of it's sovereignty.

Parliament is a place where hope of the people are placed. Parliament is a place where polices and laws are debated and minorities are protected. It is a place where democracy is seen to be practised. Parliament is to serve the people and not be served. It reflects accountability, integrity and responsibility to the people. AS SUCH LET THE RAKYAT VOICE BE HEARD...