Aarvidi’s Weblog

Give it to them R.Nadeswaran, you are not the only one, the whole country, i.e. those who are against corruption, are behind you. Thank you.

Veteran journalist R Nadeswaran today told a public forum that claims of reforming the Anti-Corruption Agency (ACA) were worth a “good laugh” because it was still not independent.

Commenting on plans to turn the often criticised ACA into a full-fledged commission, Nadeswaran said the new commission was still not independent because prosecutions were still being carried out solely by the Attorney-General’s Chambers.

On that score, he said the ACA would not achieve its aspiration to emulate Hong Kong’s Independent Commission on Anti-Corruption (ICAC).

“Nothing is going to change. You can call it by any name, they are still not independent […]

“Don’’t expect the big fish to be caught. Don’t expect anything. I like to be proven wrong,” he told a crowd of 50 representatives from civil society groups, the banking industry, government departments and academics.

The forum in Kuala Lumpur titled “Mid-term review of the Ninth Malaysia Plan open forum” was jointly organized by the Centre for Public Policy Studies and the Wawasan Open University.

Nadeswaran was among the three-panel speakers during a discussion on government transparency and accountability. The two other speakers were Subang MP R Sivarasa and former Tuaran MP Wilfred Madius Tangau.

A-G’s discretion

Speaking to Malaysiakini later, Nadeswaran explained that by the limited amount of details released by ACA and the prime minister, it appeared that the new commission has less powers than the ICAC.

Similar to ACA, the ICAC submits its findings to the A-G’s Chambers. However, should the A-G find that no further action is needed, the ICAC can submit the investigations papers to an independent review committee.

Nadeswaran explained that in countries such as the United Kingdom and Australia, private prosecutors can also be appointed to prosecute on behalf of anti-graft agencies.

“Even now, ACA has its own deputy public prosecutors. They don’t have to solely rely on the A-G’s discretion,” he said.

On Monday, Prime Minister Abdullah Ahmad Badawi announced pledges to make ACA into a fully independent commission which reports to a parliamentary select committee on anti-graft efforts. The full scope of this committee is still uncertain.

At present, ACA is under the purview of the Prime Minister’s Department. Opposition parties and civil society groups have often claimed that this compromises ACA’s independence.

Abdullah’s announcement was heralded by some groups but many voiced reservations in absence of further details.

ACA, which proposed to the premier for its elevation to commission status, has until year end to submit further proposals on how the reforms are to take place.

Veteran journalist: ACA reforms worth a good laugh

Remember the Noritta Shamsuddin murder case where engineer Hanif Basree Abdul Rahman was aquitted without his defence being called. It can be anybody’s guess how the case of Altantuya may end up. Both these cases are fraud with suspicions, and the Mongolian’s murder trial has turned into an International matter. Somebody must stop this before Malaysia becomes a laughing stock among the world, and seedy details may be forthcoming to the detriment of the Police, Judiciary and Government. Action must be quick, to avoid a major catastrophe.

All ties established between Mongolia and Malaysia may be severed if the courts do not reach a fair decision in the Altantuya Shaariibuu murder trial.

Altantuya’s father, Dr Shaariibuu Setev, told a press conference that this has been communicated to the Malaysian government.
Speaking through lawyer and translator Munkhsaruul Mijiddorj, he told reporters that the Mongolian prime minister had informed Premier Abdullah Ahmad Badawi about this in October last year.
“The last letter from the Mongolian government to Abdullah (states that) if Malaysia makes an unfair, irresponsible decision on this case, the Mongolian government will end their relationship with Malaysia.
“This issue is not personal but one between two countries. Can you imagine how this case will influence Malaysia’s economic situation?” he asked at the media meet organised by PKR president Dr Wan Azizah Wan Ismail.
Altantuya was found blown up by explosives at a secondary forest in Puncak Alam Shah Alam on October 19 two years ago.
Two Special Action Unit policemen corporal Sirul Azhar Umar and chief inspector Azilah Hadri were charged for her murder with political analyst Abdul Razak Baginda accused of abetting them.
All three face death sentences should they be found guilty in the trial that began on July 4 last year. The trial is presided by Shah Alam High Court Judge Mohd Zaki Md Yasin.

No support from Malaysians
Shaariibuu noted that he has also issued an urgent appeal concerning this case to international human rights organisations due to the lack of support from Malaysians.
He began the press conference by stating how Malaysian media has failed to ask pertinent questions surrounding his daughter’s murder.
“Do you know these explosives used by the police officers were from the military? It is not a simple knife. These explosive are used against another country but yet it was used on my daughter.
“You can now see what kind of dangerous people are working in your official level especially the police officers,” he said.
The psychology professor also held back on commenting on the case because there were high political figures involved.
“Of course I have a lot to say but it is my right to decide when I will say it openly or not because there are big political figures and business people surrounding this case,” he said.
He then began to raise his voice when he spoke about the lack of support he has gotten from the Malaysian public
“Why are you afraid to take some humanitarian action for the youngest son? Are you not ashamed?
“I’m not here to ask for money, I just want humanitarian assistance. Where is your humanitarian responsibility? I want to ask you all that questions,” he said with a strained expression.
After saying that, Shaariibuu slammed his hand on the table, yelled “finish” in Mongolian and stormed off.
Altantuya has two sons, Mungunshagai Bayarjargal, 11 and Altanshagai Munkhtulga, 4. The younger child currently suffers from peripheral nerve paralysis and does not know his mother was murdered.
Also, Altantuya’s mother Altantsetseg Sanjaa recently suffered a heart attack putting tremendous strain on the family.
Wan Azizah who was seated beside Shaariibuu told reporters to give him time and explained the frustration he is going through.
“Please understand as a father and grandfather to be told that your case has been postponed like another routine case, how do you feel? This is not an ordinary case.
“His daughter has been murdered and blown up to pieces. Malaysia should not be known to the world like this. He is just appealing to the Malaysian public, let us all be understanding,” she said.

Consider compensation
On his third trip to Malaysia, Shaariibuu arrived on Monday night to discover that the case was postponed and set to resume on May 5 due to the backlog of cases faced by Zaki and the lawyers
Last year, Altantuya’s family sued the three accused for her murder and the Malaysian government, seeking RM100 million in damages over her death.
The hearing of the civil suit was put on hold while awaiting the completion of the murder trial.
PKR vice-president R Sivarasa who was also present then called upon the government to consult with the Attorney-General to consider giving compensation to the family because all three of the accused are under the government’s employment.
“Whether the accused were found guilty or not, that is not the question. The point is the murder is connected to persons employed by the government.
“He is not just asking for money but pleading to the public to look at the humanitarian aspect of this especially over the health of Altantuya’s son and mother,” he said.
Shaariibuu is scheduled to return to Mongolia tomorrow in light of the trial’s postponement.

Altantuya’s murder: Mongolia may sever ties with Malaysia

Listening to a one sided story and making decisions may be Commissioner N.Siva Subramanyam’s cup of tea. but for an ex-unionist well aquatinted with arbitration, the action smacks of immaturity and incompetence.

My blogger friend A.Nambi, has expressed this beautifully in a verse composed in Tamil. Siva is portrayed as a fox fishing in a muddied pond, and the fish under stress enquire as to who the intruder is; the fox declares, I am N.Siva Subramanyam. 

Those who read the language, please go to:

http://nanavuhal.wordpress.com/2008/04/24/sss/

Many more writings in Tamil, on various subjects are there as well.

Goodness gracious me, how was this man as a teacher and a headmaster. Even 2 students involved in any irregularity, would have the opportunity to be heard, before a decision is made. Apparently, the disciplinary procedure at the schools he served must be atrocious - wrong decisions all the time. Suhakam has become “suthal-kam’, what misery?

Hindu Rights Action Force (Hindraf) leader P Uthayakumar has not been denied proper medical treatment, the Human Rights Commission of Malaysia (Suhakam) has found following a probe.
Commissioner N Siva Subramaniam said the claims were found to be untrue during Suhakam’s visit yesterday to the Kamunting detention camp in Taiping, Perak.
There have been rising concerns over the health of Uthayakumar, a diabetic for the past 12 years. He is currently being held under the Internal Security Act (ISA) in Kamunting.
“His situation is under control and he is happy with the medicines given to him,” Siva Subramaniam told a press conference at the Suhakam headquarters in Kuala Lumpur today. Alos present was commission secretary Ahmad Yusuf Ngah.
Siva Subramaniam said he led a team which met with senior officials, the doctor and police personnel at the camp, as well as medical personnel in Taiping hospital. Uthayakumar was neither present during the four-hour probe, nor interviewed by the team.
The commissioner said his team discovered that certain claims were false - that Uthayakumar had been treated merely by a health assistant and that he had been discharged too soon from the hospital.
It was also not true that he had been denied medicine for diabetes over the past month despite repeated requests to the director of the Kamunting camp.
“His family wanted to provide medicine to Uthayakumar but under the rules and regulations (of the camp), the medicine needs to come from the health ministry,” he noted.
Siva Subramaniam said the substance of medicine was found to be the same from both sources.
“He told the doctor that he is satisfied with what is being given to him,” said the commissioner, who nonetheless stressed that it was the right of any detainee to receive proper medical treatment.
Siva Subramaniam was asked why Uthayakumar’s side of the story was not heard.
“We came to a conclusion that as far as diseases and confidentiality of medical treatment (are concerned), it should be maintained between doctor and patient; a third party shouldn’t know what’s happening,” he contended.
He pointed out that media reports were also sufficient to highlight Uthayakumar’s plight.
To another question, he said the detainee’s family had not approached Suhakam for help, but understands that over 30 police reports had been lodged over the claim that Uthayakumar was being deprived of due medical attention.

Visit to Lenggeng tomorrow
Uthayakumar is among five Hindraf leaders who were detained under the ISA on Dec 13 last year after organising a mammoth rally in Kuala Lumpur on Nov 25. This saw some 30,000 Indian Malaysians protesting against perceived marginalisation and discrimination.
He was admitted to the Taiping hospital on April 7 after his sugar level rose to more than three times the normal level. He was discharged on April 10 and taken back to the detention centre, but his family insisted that he was still unwell.
There have been calls from rights groups and politicians, including the MIC, to provide the lawyer-activist proper medical attention.
There are currently 70 detainees in Kamunting under the ISA, a law which the government-backed human rights commission has consistently opposed.
Siva Subramaniam also said he will lead a Suhakam team to the Lenggeng detention centre in Negri Sembilan tomorrow, after a riot on Monday.
During the incident, about 60 Burmese detainees reportedly tried to pull down the perimeter fence and afterwards torched an administration building.
More than 100 members of the people’s volunteer corps, riot police, civil defence department and fire and rescue service personnel had to be called in to contain the riot.

Suhakam: Uthaya wasn’t denied treatment

The facts of the case are:

• She works as a promoter
• The molest took place in an exclusive section of a 5 star hotel
• Several people witnessed the incident
• It happened at mid-night

She withdrew the case and her reasons are:

• The ex-Minister had no intention
• She misunderstood the incident
• She was sensitive and moody
• The ex-Minister was known to her for 5 years, and he was jesting without bad intentions
• She might have misunderstood the whole episode
• When the ex-Minister jokes he likes to touch her shoulder and arms, and she accepts this type of behaviour as among friends
• The ex-Minister had no intention to outrage her modesty or act inappropriately
• Generally VIPs joked in rough ways
• What she had said now may not agree with her Police report, as she could have said something else.

It is a pity I don’t write short stories or novellas, as I would have used the above outline to bring out a sensational rendering, a best seller.

Based on the statements this girl had been allowing this VIP the privilege of joking and touching for a long time, not necessarily 5 years, and if so, why this sudden compulsion to make a report of him. Was she having other ideas to teach this man a lesson. Was she hoping to benefit from the report. Is she not deliberately, causing embarrassment and injury to him and the family. Has she got a history of past similar reports on VIPs.

Whatever past history, this report on the ex-Minister, is a false report. Imagine a layman having a drink in this 5 star hotel with this promoter around, an accidental touching may lead to serious consequences. The Police may even have to investigate this angle.

Would this ex-Minister, if he has the gumption, sue her to save his name. She had leaked out secrets of his 5 year rendezvous at this place. Has been a regular at this place for 5 years, if not I can’t imagine her claiming the 5 years.

And finally to all these people out there to make gains on regulars visiting ‘watering holes’ please remember what happened to this girl.

The promoter in question, may have a medical problem, being sensitive and moody, a rest in prison may heal her. Will the Police help her.

KUALA LUMPUR: The woman who lodged a police report alleging a former cabinet minister had outraged her modesty at her workplace in a hotel in KL Sentral cannot in law withdraw the report, said Gelugor MP Karpal Singh.

Karpal, a lawyer, said a person who lodged a police report could not at her whim and fancies withdraw a report by way of a letter or statutory declaration. The person ran the risk of lodging a false report and was bound by the contents of the report, he added.

“The police have to investigate the woman’s report despite withdrawal of same by her. If the allegations against the ex-minister, as set out in the police report, are true, then the police have no alternative but to take action,” he said.

Karpal said this was a serious offence under Section 354 of the Penal Code, which carried imprisonment of up to 10 years or fine or whipping or with two of such punishments.

He said that if it was revealed in the course of the investigation that the contents of the police report was false, then the woman concerned should be charged for giving false information to the police.

This was an offence under Section 182 of the Penal Code, which provided for an imprisonment for a term which may be extended to six months, or a fine which may extend to RM,2000, or both.

Karpal thus called on the police to carry out an in-depth investigation to determine the culpability of the ex-minister for allegedly outraging the woman’s modesty, or the culpability of the woman concerned for giving false information to the police.

This would be in the public interest, he said.

The woman retracted the report lodged against the ex-minister, saying that she misunderstood the incident.

Karpal: She cannot legally withdraw report