Posts Tagged ‘Crime’

Muthu qualifies?

March 19th, 2009
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Been busy with post-SPM/STPM activities updates, so apologies for not updating the blog. Let’s see what happened the last few days. One story that caught my eye was the statement by MIC’s presidential hopeful Muthupalaniappan. He was complaining of all kinds of campaigns or irregularities happening at branch level such as:

– branch chairmen being intimidated not to nominate him

– nomination forms came preprinted with the incumbent’s name

– lack of forms for him to distribute easily

Well, imagine our surprise when despite all the hurdles Muthu claims, he managed to get the minimum 50 nominations! In fact, he says 51 is in the bag.

The 66-year-old challenger said: “I’m happy to say I have 51 nominations.

“Many branches nationwide, wishing for a leadership change, have invited me to visit them and collect their nominations.”

Saying he did not have enough nomination forms to distribute to all branches, Muthupalaniappan added: “I need to supply new forms as most of those sent to the branches have Samy Vellu’s name printed on them.”

Muthupaniappan, however, refused to reveal the source of his nominations saying the branches feared repercussions.

He said he would collect the remaining nominations, in time to file them with the presidential election committee for its approval on Saturday.

Well, one can only wish him all the best. Hopefully he is able to collect and submit the forms in time, and the forms are not rendered invalid due to various technical reasons.

Samy gives statement to police

March 14th, 2009
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The Star:

MIC president Datuk Seri S. Samy Vellu has given a statement in connection with the alleged discrepancies of over RM5mil in the Maju Institute of Educational Development (MIED) accounts.

It is learnt that the 73-year-old veteran politician went to the Commercial Crime Investigations Department (CCID) office in Bukit Perdana Friday afternoon and spent about two hours assisting police in their investigations.

CCID director Comm Datuk Koh Hong Sun confirmed that his officers recorded Samy Vellu’s statement but declined to elaborate as investigations were in progress. Police have so far traced and ordered a bank to freeze more than RM2.8mil from a top MIED executive’s account.

NST:

MIC president Datuk Seri S. Samy Vellu was at the federal police headquarters here today to give a statement over allegations of financial mismanagement in the building and running of the Asian Institute of Medicine, Science and Technology (AIMST) University in Kedah.

Commercial Crime Investigation director at Bukit Aman, Datuk Koh Hong Sun, confirmed Samy Vellu’s appearance at the department at 10.30am and that a statement was taken from him.

“I decline to comment further as the investigation is still going on,”he said when contacted.

Sivakumar can’t defend himself

March 12th, 2009
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Earlier, Sivakumar, who was waiting for his case to be called, was seen approaching assistant state legal adviser Zulkarnain Hassan, who had entered the courtroom at about 9.50am, but Zulkarnain avoided speaking to him and was later seen sitting with lawyers acting for the three independents.

A frustrated Sivakumar claimed that he tried to speak with Zulkarnain after friends identified him as his representative.

“But when he (Zulkarnain) came in, he refused to talk to me. I wanted to ask him so many things.

“I don’t even know his name or who he is. I don’t know who is (to be) my lawyer,” said Sivakumar.

Imagine your lawyer not interested to speak with you. It is weird actually. The State Assembly speaker is deemed to be part of state government by the Judicial Commissioner, while some say he is not since its explicitly stated that members of state assembly are not part of public service. Refering to NH Chan (former Court of Appeal judge):

I shall start with section 24 of the Government Proceedings Act 1956. I have highlighted the important words for easier reading. Sub-sections (1) reads:

“(1) Notwithstanding any written law –

(a) in civil proceedings by or against the Federal Government…

(b) in civil proceedings by or against the Government of a State, a law officer … authorised by the Legal Adviser of such State … may appear as advocate on behalf of such Government…”.

As you can see, this sub-section is not relevant as it only applies to civil suits brought by or against the state government, not a public officer.

And sub-section (2), which is relevant on the subject of discussion, reads:

“(2) Notwithstanding any written law in civil proceedings to which a public officer is a party –

(a) by virtue of his office; or

(b) in his personal capacity, if the Attorney-General certifies in writing that it is in the public interest that such officer should be represented by a legal officer; a legal officer may appear as advocate on behalf of such officer…”.

This sub-section only applies to civil suits brought by or against a public officer. In such a case, a public officer may (the word is ‘may’ not ‘must’) be represented by a legal officer which could include the legal adviser of the state.

Therefore, there is nothing in section 24 (2) of the Government Proceedings Act to suggest that a public officer if he sues or if he is sued must be represented by a legal officer such as the state legal officer.

In any case, section 24 (2) of the Government Proceedings Act only applies to civil proceedings to which a public officer is a party. Therefore, the question is, does the speaker of the Legislative Assembly of a state hold office as a member of the public service? If he does, then he is a public officer.

Article 132, Clause (3) of the Federal Constitution states that:

“(3) The public service shall not be taken to comprise

(b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State.”

So now you know that the speaker and the members of the Legislative Assembly of a state are not part of the public service as they do not hold office as public officers. Therefore, section 24 (2) of the Government Proceedings Act does not apply to them.

The whole article seems to question the competency of the “novice” Judicial Commissioner, but that’s another story. Well, that’s NH Chan’s version, you may say. I guess we have to see what articles exists in the law to negate Chan’s arguments. Perhaps the JC’s ruling had such details.

If Speaker Sivakumar is considered government staff, then he must use the state attorney to represent him in court. Problem is, the state attorney also represents new MB Zambry against the State Assembly Speaker in another suit. So, question arises if the office of state attorney can discharge its duties well or fairly, because its responsibilities lies to the state, not to the individuals it may represent. Thus, one can’t be blamed for thinking that the state legal advisors will lean towards the new MB and penalise the Speaker.

Further more, I think the notion that one is forced to use a particular legal service flies in the face of our basic rights to justice. How can a person expect to have his fair day in court when he can’t even represent himself, or worse still is represented by someone he has no faith in? I might as give up and concede to the opponents.

Sivakumar is in deep trouble. The feeling is that he has “musuh dalam selimut” (enemy within) and surely will lose his cases.

Foreigners eating away locals livelihood

March 7th, 2009
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Today I saw a foreign worker selling young coconut water (air kelapa muda) along the road to my housing area. There are few other stalls along the 2km road – all manned by locals, except for the one I mentioned above. The Indonesian workers who work at housing development projects moonlight by offering services to local residents – everything from cement work, painting, tiling, plumbing. You name it, they’ll do it.  And of course, they charge as high as local workers if you fall for it. The foreigners don’t pay taxes and escape all kinds of fees. There’s even one family squatting on a land next door and our police and local council (MPS) can’t spot them in broad daylight! Yup, this is Bolehland for you.

Thus, its not surprising to see SK Devamany commenting that “foreign workers (and students) are taking away business opportunities from locals by working longer hours for less”.  He also added that the foreigners are moving from labour-intensive jobs to go into the micro-credit system. He said they were running businesses in Kampung Baru and the Chow Kit area, besides farming in rural areas. He also said locals allowed foreigners to run their businesses.

“The more foreigners work here, the more difficult it will be for locals to get a salary hike.”

To curb the trend, Devamany suggested several measures, including intensifying enforcement against foreigners and amendments to the law requiring employers to balance their workforce, suggesting 50/50 ratio.

Foreigners are overwhelming the country – due to corruption. In the name of business, trading, and permits, thousands of workers are brought in, but where they go after reaching Malaysia remains a questions. The rot starts from Immigration Department and I guess involve many people.  Just to give you an idea, a “agent” who is involved in securing work permits spends RM5000 for spa treatments and RM10,000 for hotel dining. Not for himself, but for his “guests” at the government department. That’s for a month. So, its natural only that one asks for the whole process to be investigated. That’s what Devamany asks of MACC:

Why is it so easy from them to enter the country?

I hope the MACC will play a bigger role in protecting our country from such problems

The Home Affairs Ministry needs to alter its foreign worker policy and not stoop to the whims and fancies of employers for they are only looking for maximum profit

Yeah, why indeed?

Education is also not spared. Due to competitiveness, local colleges and universities are importing students of dubious academic qualifications and intentions. Now we see cases of suicides, black money scams, robbery, drug distribution, prostitution etc happening. We see foreigners selling knick-knacks,

I remember writing about the corruption case and arrest of Immigration Department’s officer last year July. The issues with foreign workers is a long running saga, perhaps going back into last 15 years. If one is going to investigate the wrong-doings, it will take a long time and most probably fruitless.

So, what is the solution? We need immediate, short-term, and mid-term, and long term solutions.  There’s a need to balance between industry requirement and local employment needs. Our local youths are of not much help either. Some expect money to fall down on their laps, and we are not talking about RM500 here. Quite recently, I had a diploma holder with less than few years experience asking for RM3000 salary! In this time of crisis, we have to lower expectations a bit. We still employ barbers from India because local don’t fancy the job. Of course lower salary is an impending factor. The locals, even if they lower their expectations, they can’t compete with foreign workers’ salaries.

The downside of reducing dependency on foreign workers is the increase in operational costs that is solvable in two ways – business absorbing the increase or passing it to the consumers. No prizes for guessing the correct answer. The question we should ask is if the lower operating cost and increase profits is worth the security problems and long-term population issues.

Only critical industries like construction and plantation should be still allowed to import workers. I was in a hotel in KL end of last year. All of  the workers were foreigners! And here in our country, we have hotel management courses being offered by all kinds of colleges.  Makes me wonder!

100000 youths involved in crime

March 5th, 2009
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Yesterday, one Subra (SUHAKAM’s Sivasubramaniam) said got 40,000 Indian youths in detention camps and jail. Today, we read another Subra (Human Resource Minister Dr S Subramaniam of MIC) saying the government has information that over 100,000 Indian youths are involved in crime, including theft, robbery, distributing drugs, gangsterism and murder.

Questions arise. How long has these information been in government’s hand? What are the actions taken to alleviate this problem? Who collected the information? Any verification done on the data?

If its accurate, that’s 5.55% of our community population. Which translates to every 5 Indian out of 100 you know. Now, if the 40,000 is part of the 100,000 , its relatively good news. If its not? We have 140,000 youths involved in crime! Meaning up to 8 out of 100 Indians you know are involved in crime. Does this sound like license to kill, perhaps to justify Kugan’s death?

Looking at the brevity of the situation, I think its time to create some sort of database on Indians so that the crooks can be easily identified. I doubt the statistics will reduce any time soon and the police  may simply use racial profiling to target the community youths. Soon, due to lack of proper effort to eradicate root cause of criminal behaviour, I think 1 in 10 Indians will be involved in crime. If the one that dies is that particular 1, not much of a problem. But if its one of the other nine?