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Live from Perak

March 3rd, 2009
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A compilation of reports from Malaysiakini (MK), The Star (S), Anil Netto (AN) and delCapo (D), updated as real-time as possible:

11.55am: Those who had lashed out at police personnel when Pakatan Rakayat state representatives were prevented from entering the state secretariat building this morning will be tracked down.

According to Bernama, Ipoh police chief Azisman Alias said more than 200 people had gathered outside the building but there were no untoward incidents.

However, he said several individuals had uttered harsh words against the police, and they would be tracked down from the photographs and videos taken of the incident.

Azisman said the police would also seek the help of the media to publish or broadcast the images of these individuals who attempted to prevent the police from exercising their duty. MK

11.20am: Nizar to seek audience with Sultan Azlan Shah to ask for dissolution of Perak state assembly as soon as the documents from Tuesday’s emergency sitting under a tree in a vacant lot is completed. S

11.15am: Nizar says three motions were passed during the Emergency sitting on Tuesday – motion of confidence on himself as the legal Perak MB; agreement to seek Royal consent for dissolution of state assembly; and the adoption of the suspension of MB Zambry Abdul Kadir and his Excos by the Rights and Privileges Committee. S

10.57am: Nizar also urged the people to stay calm and follow the law. He urged them not to emulate the troublemakers who had tried to stop him and the other representatives from entering the state secretariat earlier today. MK

10.53am: Ngeh also said that Speaker Sivakumar will initiate contempt proceedings against the police and the state secretary. MK

10.50am: State DAP chief and senior exco member under the Pakatan government Ngeh Koo Ham: “It is a very sad day. We have descended into a police state.” MK

10.49am: Nizar says that he will try to get an audience with the Sultan of Perak to inform him the decision of the House. He insisted that the sitting was held in accordance with the rules and regulations. MK

10.46am: Nizar at the press conference: “We held sitting under a tree based on the doctrine of necessity because we were prevented from entering the assembly but we had to fulfil our duties based on the notice issued by the speaker”. MK

1041am – Shouts of “HIDUP HIDUP…. HIDUP RAKYAT” Nizar gone upstairs of DAP office… probably press conference D

10.36am – Commotion at the DAP office downstairs…..PKR Youth leadership spotted…
Now applause…. *phew*…. D

(10:35am) Nizar proposes that the emergency sitting of the assembly be adjourned. Sivakumar adjourns. S

10.35am: A new twist at the Ipoh High Court. Speaker Sivakumar’s lawyer Tommy Thomas held a press conference to say that the judge had ruled that private lawyers have no legal standing to represent the speaker.

Thomas said that according to the judge only the state legal advisor can act for the speaker since he (the speaker) is part of the state government.

With this ruling, Thomas and the other lawyers withdrew themselves from representing Sivakumar. Thomas said that they would be taking instructions from Sivakumar on the next course of action. MK

10.31am: Sivakumar is now heading towards the DAP headquarters nearby where he will be holding a press conference to explain the next course of action. MK

10.30am: The speaker has adjourned the historic assembly meeting. Sivakumar will now have to present the motions to the Sultan of Perak for further action. MK

(10:25am) Titi Serong rep Dr Khalil Idham says Nizar is the rightful mentri besar and wants him to continue. Canning assemblyman Wong Kah Woh says that Pakatan has ruled the state well since taking over last March.

Teja rep Chang Lih Kang proposes a motion asking for the dissolution of the state assembly to call for a new election.

Both motions are agreed to by all Pakatan reps. S

10.25am: The second motion to dissolve the state assembly was also mooted, debated and passed unanimously. MK

10.23am: The first motion was passed unanimously. Every present Pakatan representative shouted ‘setuju’ (agree) when a vote was taken on the motion. MK

10.20am: The first motion to express confidence on Nizar as the menteri besar is being tabled now. MK

10:21 – They are having the Dewan assembly sitting under a tree! They are meeting right next to my contact’s car. It’s all very formal and they are addressing the Speaker as Yang DiPertua etc. AN

(10:20am) – After “doa selamat” prayers, the meeting commences with the hearing of the first motion from Titi Serong assemblyman Dr Khalil Idham Lim Abdullah.

He says the trust and support have been given to Nizar as mentri besar. Sivakumar asks for the motion to be debated. S

10.18am: Sivakumar is in his full speaker’s robe to chair the meeting. It is held in a very formal manner. He told the viewing crowd not to clap or cheer and to respect the meeting. MK

10:17 – They are starting the proceedings with a prayer as a crowd of about 500-600 look on. AN

10:16 – The Speaker has just announced that he will be holding the sitting of the State Assembly about 50 metres from the entrance in an open space near a couple of
trees. AN

(10:15am) Although allowed entry into the state secretariat building, Sivakumar did not go in. Attired in the official garb of the Speaker, he declares a vacant lot about 200m from the building as the venue for the emergency sitting. S

10.13am – word is… The speaker has started the dewan seating in the compound of the State Secretariat building…. Crowd told to disperse… & now moving away from the area…. FRU formed a line in full gear right in front. D

10.13am: Speaker Sivakumar has decided to hold the emergency meeting right at the car park. All Pakatan representatives are present. Some 300 people are watching this historic proceeding. MK

10.08am: Speaker Sivakumar and Nizar are also seen with the other state representatives at the car park. The impromptu meeting is still proceeding there. MK

10:07 – The Speaker and the PR Aduns are all at one corner outside the state government building. MB Nizar is inside the car. The Speaker seems about to make an announcement as to what they are going to do next, reports another contact at the scene. AN

10am: Nizar and the state representatives are leaving the area. They are headed to the DAP headquarters and will be holding a press conference there. MK

Some 200 Pakatan supporters are still waiting at the state secretariat entrance.

09:57 – All the PR Aduns are now moving to the DAP office opposite the entrance to the state government building, reports my contact. The DAP’s Ngeh says they are going to have a press conference there. AN

9.55am: Ipoh police chief Azisman: “I have spoken to both Ngeh and the state secretary (Abdul Rahman Hashim) and the state secretary said no one is allowed to enter the state secretariat”. MK

9.53am: Senior state exco member under the Pakatan government Ngeh Koo Ham is still trying to negotiate with Ipoh police chief to allow them to enter the state secretariat. MK

09:52 – The five minutes is up for the crowd to disperse, and the water cannon truck has moved to face the crowd. But my contact reports that no one appears to be budging. AN

09:50 – But the Speaker is not entering alone. Why should he enter alone? The Speaker has returned to his car outside and is waiting for the clock to run down to 10.00am. AN

09:49 – The police have used their loud hailer to call the Speaker to enter the building – but only the Speaker alone.

9.47 – Crowd only clearing the area in front of the FRU truck & police circle…staying around to watch what’s next…

09:47 – The police have ordered the crowd to disperse or else…. the water cannons?

09:46 – Kula’s political secretary, Sugu, tells me that they PR Aduns had arrived from the Regency Hotel at the state secretary building at about 9.30am. He said the PR Aduns were met by a group of about 200 Umno Youth supporters who shouted unpleasant things at them.

9.45am: Ipoh OCPD Azisman Alias refuses to negotiate, says no one is allowed to enter. The police are pushing away the Pakatan state representatives away from the main entrance. The situation is very chaotic. MK

942am – Crowd jeered at couple of BN guys… could be Aduns. FRU officer on top of truck making announcement…. ordering crowd to disperse ALERT!

9.40am: Nizar’s people are negotiating with the police now as the FRU are not allowing anyone inside the state secretariat. The crowd now stands at about 200, most of whom are Pakatan supporters. The water cannon in pointed towards the crowd. MK

9.37am – Crowd deserts coffee shop….. Nizar and team of black suits arrived on scene….. blocked. Saw them leaving…. Commotion in the crowd… applause followed by shouts of quarrels…. pray for peace people

9.35am: A group of people numbering about 30 are blocking Nizar and gang from heading towards the main entrance. A major fracas is taking place. MK

09:31 – A little quarrel between an Umno supporter and a PR supporter near the state government building, says my contact there. Shouts of ‘<em>kurang ajar</em>’ can be heard – but more media people around than anyone else. AN

9.30am:Ousted Menteri Besar Nizar and his state representatives arrive at the state secretariat. MK

9.25am: A slanging match ensues between BN and Pakatan supporters at the main entrance of the secretariat. The BN supporters showered profanities at the Pakatan lot who had been shouting ‘reformasi!’. MK

9.21am:The police and FRU trucks are blocking the main entrance to the state secretariat. The Pakatan state representatives are expected to try to get into the building to go to the state assembly through this entrance. MK

9.20am: – The crowd – a good multi-racial one – at the state secretariat has swelled to about 100 now. MK

09:17 – The contact has revised the estimate of the crowd to over 1,000. People are expecting the PR Aduns to show up for the assembly sitting at 10.00am. They Aduns are believed to be holed up at a hotel somewhere. AN

9.15am: – Pakatan state representatives who had earlier met at a nearby hotel are on their way to the state secretariat. MK

09:11 – Another contact outside the state government building reports a crowd of about 800 in the area. That’s close to the 1,000, which delCapo had estimated earlier. AN

9.10am: Lawyers from both sides are in the court house. MK

09:02 – My contact is now in the High Court. The Speaker is being represented by five lawyers. The lead counsel is the good Tommy Thomas and he is being assisted by Chan Kok Keong, Augustine Anthony, Phillip Koh Tong Ngee and a fifth lawyer. AN

9am:About 40 FRU personnel in full gear position themselves at the rear entrance of the state secretariat. Some of them are armed with rifles and tear-gas launchers. MK

08:59 – Jalan Istana, where the state government building is located, has been closed to traffic. AN

8.55am: At the Ipoh High Court – no crowd, no police. Only lawyers for the speaker are present so far. This defence team is led by constitutional expert Tommy Thomas, Chan Kok Leong, Philip Koh Tong Ngee and Augustine Antony. Several other lawyers are expected to join them.

Perak MB Zambry Abd Kadir’s two applications will be heard today. The first is on the Speaker Sivakumar’s use of the undated resignation letters of three BN-friendly independents to vacate their state seats. The second is over the suspensions of Zambry and his six exco members.

The matters will be heard before Judicial Commissioner Ridwan Ibrahim at High Court 4.

Zambry and Co are not expected to be present in court today. Their defence team is led by Mohd Hafarizam Harun with Badrul Hishah Abd Wahab, Faizul Hilmy Ahmad Zamri. MK

8.50am: About 50 curious onlookers have gathered at the rear entrance of the state secretariat. “No signs of any trouble,” says <em>Malaysiakini</em> journalist Andrew Ong.

More than 100 police personnel are on standby at the state secretariat. Dozens of journalists are also ready for action. MK

8.49am – An FRU truck just left the scene…. not sure to get more troops or is there a crowd elsewhere…. D

8.45am – Crowd building up fast around us….. Rakyat Perak Dah Sampai!!!! D

08:33 – Road blocks are up and no traffic is allowed near the state government building. AN

8.30am: Roadblocks have been set up since yesterday along the main road leading to the state secretariat. No vehicles are allowed near the building. MK

08:29 – Blogger delCapo reports that the state government building is crawling with media people and more than 150 police personnel are at the scene. AN

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Blogs reporting live from Perak SUK

March 3rd, 2009
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Other than our media (Malaysiakini, The Star) who report live from site, I found two blogs running live commentaries on the situation in Perak. You guys can visit Anil Netto and delCapo.

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Perak turned into playground

March 2nd, 2009
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Perak’s situation is getting worse. I suspect one of two things tomorrow – court ruling in favor of UMNO or ISA being used against the PR EXCOs, especially Sivakumar, Ngeh, and Nizar. Zambry already mentioned the magic words – “threat to national security”. Indeed, Malaysiakini article outlines few possible scenarios:

Scenario 1

As it stands now, the most likely scenario would be for Sivakumar to conduct his meeting as planned and get the motions passed and then submit them to the Sultan of Perak for further action.

It is still uncertain though if the sultan will accede to the wishes of the Pakatan representatives and agree to dissolve the state assembly. The sultan has made his views clear on this matter by appointing Zambry as the new menteri besar on Feb 6.

Scenario 2

Perak BN, or the new menteri besar, can go to court and get an injunction against the emergency meeting. This is very likely to happen later today.

However, it has been a convention for our courts not to interfere in the functioning of the state assemblies.

“The courts tend to uphold the principles of separations of power in that they are on par with the legislative and executive,” noted constitutional expert Prof Aziz Bari.

Still, in the current political climate, it would be unwise to discount the possibility of judicial activism.

If such an injunction is granted, it would automatically mean that the emergency sitting of the state assembly tomorrow cannot proceed.

The Pakatan government or the speaker can try to revoke the injunction by appealing against it in court, triggering a long drawn out legal process.

It must be noted the Kuala Lumpur High Court is also set to hear tomorrow an application by Nizar on the legality of Zambry’s appointment as the menteri besar.

Scenario 3

Another legal aspect which Zambry can contemplate is to seek a court order to allow him, his exco members as well as the three BN-friendly independents to attend the meeting tomorrow.

In such a situation, the two motions can be defeated by BN, with the help of the three defectors.

The downside to this is that the speaker can appeal for a court ruling stating that he is the final authority on matters of state assembly.

Apart from his suspension of Zambry and the six exco members, the speaker can also point out that the status of the three independent representatives were questionable as he has received their resignation letters and had declared their seats as vacant.

This situation will also cause a legal imbroglio with no swift solution in sight.

Scenario 4

The Perak BN, which is the ruling party as per the sultan’s appointment, can order all civil servants and legislative assembly staff not to cooperate with Sivakumar and the Pakatan faction.

Doors to the assembly can then be kept shut and assembly officers may refuse to perform their duties. [Update – at 4pm, a state government circular was issued stating that the complex where the state assembly is located will be closed tomorrow].

If such a scenario arises, the speaker has the powers to declare another place as the venue for the emergency sitting and conduct the meeting there.

Even Nizar’s new official residence can be converted to function as a state assembly.

Scenario 5

The best the BN can then do to stop the meeting – and this is the least likely thing to happen – is to seek the dissolution of the state assembly, paving way for a snap state election.

The BN was against this option at the outset of the crisis, perhaps fearing that it would not be able to win.

Federal measures to ponder

Apart from the scenarios above, there are two other measures which can be taken by the federal government to save its rule in Perak.

However it must be said that both these measures would be highly unpopular, especially with BN facing three by-elections next month, with one in Perak.

Incoming Prime Minister Najib Abdul Razak, who is also the BN and Perak Umno chief, will have to be down to his last chips if he agrees to these two measures.

And what are they?

  • First, the BN government can instruct the police to arrest Perak Pakatan leaders under the Internal Security Act in the next 24 hours, thus making it impossible for the emergency meeting to take place. High on the list of potential detainees would be Sivakumar, Nizar and his exco members.

  • Secondly, the federal government can declare emergency in Perak to invoke direct federal rule in the state. In such cases, the state will be placed under the National Operations Council. This is not a new phenomenon as the BN federal government had done it previously in Kelantan in 1977, in a situation very similar to Perak today where an incumbent menteri besar refused to leave office.

These two scenarios are not totally ludicrous and has been mentioned by the Pakatan leaders as well, the most recent being PAS vice-president Husam Musa.

The next 48 hours look set to be an important phase in the Perak political landscape.

By the end of tomorrow, the constitutional crisis roiling the state could either be clearer or the events can take another nasty turn for the worse.

Note: the order to close State building’s front entrance was removed yesterday evening, but its  status and effect is unknown.

However, I also wonder if the state secretariat can take unilateral decision to close the main entrance and can the police stop assemblymen from entering the assembly hall. The unsigned notice says the main entrance will be closed, but its still a working day. Technically, assemblymen can enter the secretariat. So, will police arrest any PR assemblyman who tries to enter the premises? Was the Sultan consulted on this move?

Sivakumar, possibly the most famous man in the country now, faces new legal suits lodged by UMNO’s legal team. The cases will be heard tomorrow at the earliest.

It is bleak for PR. The state secretary, the police, and the courts may all favor against them. They may even join Uthaya in Kamunting if federal government decides to step in directly.

Time to rest. It will be a treacherous day tomorrow.

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Uthaya being treated at hospital says minister

March 2nd, 2009
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Two questions here:

1. If Uthaya is being treated at Teluk Intan hospital, why wasn’t it announced earlier before the gathering to do mass police report?

2. Is the treatment suitable and sufficient, with independent observers being present? I think to avoid any misconception and unnecessary anger of the community against the government, there should be some independent verification.

Perhaps Dr S Subra should follow up on Syed Hamid’s information to verify if indeed Uthaya is being given appropriate treatment for his complications.

Internal Security Act detainee P. Uthayakumar is being treated for his illness at a government hospital, Human Resources Minister Datuk Dr S. Subramaniam said yesterday.

He was speaking after receiving RM170,000 from donors for the purchase of a building that will house an education centre under the administration of the Malacca Indians Development Association.

“It is the right of each and every Malaysian to be treated at the government hospital and in Uthayakumar’s case, I was informed by Home Minister Datuk Seri Syed Hamid Albar that he has been receiving treatment at the Teluk Intan Hospital,” he said.

Dr Subramaniam said he hoped that the government would make arrangements should Uthayakumar need specialist treatment for his diabetes-afflicted foot.

He was commenting on Uthayakumar’s supporters lodging police reports over alleged improper medical treatment for his diabetic complications and the use of water cannon to disperse about 200 of them near the Brickfields police station on Saturday.

Dr Subramaniam said: “I just want the public to be aware that the government is giving medical treatment to Uthayakumar. If the need arises, I hope that the government will grant him permission to seek treatment at a specialist centre.”

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Muthu cries foul over nomination threats

March 2nd, 2009
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With less than 3 weeks to nomination day, MIC president hopeful Muthupalaniappan is having problems getting nominations.  He claims that branch chairpersons were being threatened not to nominate him.  However he aims to persevere and hopes to be nominated. We wonder if his wishes will come true…

He said some leaders in the party were threatening the branch chairpersons not to nominate him for the top post or their branches would face closure for various reasons.

“All sorts of threats are being used. These underhand tactics are to ensure that I do not receive enough number of nominations to fight for the president’s post. If the election is not fair, then there is no point in contesting,” he told Bernama.

Under the party constitution, a presidential aspirant needs to obtain 50 nominations, and each nomination must have one proposer and five seconders, to be eligible to contest. All proposers and seconders must be branch chairpersons.

The MIC president will be picked by some 3,700 branch chairpersons nationwide. The party has fixed March 22 for the presidential nomination while polling is slated for April 12.

Quashing speculation that he would pull out of the contest, Muthupalaniappan said: “There is a lot of speculation that I will not stand but I will and shall contest.”

“They are trying to stop me by stopping people from nominating me,” he said, without disclosing any names.

“There is no level playing field. They have postponed the annual general meetings of some branches that supported me, especially in Negeri Sembilan, so that my supporters would be ineligible to vote.

“But there are branch leaders who are signing nominations for me…although many are scared of repercussions from the powers that be,” Muthupalaniappan said.

The 68-year-old politician from Seremban hoped that the branch leaders would act according to the aspirations of the 600,000 MIC members and the community, which wanted to see change in the MIC top leadership.

He also claimed that some MIC division leaders and state chairpersons, who were supposed to be returning officers in the presidential elections, were involved in campaigning.

“Under the party constitution, division leaders and state chairmen are returning officers of the presidential election.

“If they are returning officers, they should not be allowed to campaign in the election. It is like the Election Commission campaigning in an election. That is wrong,” he added.

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