Posts Tagged ‘Crime’

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Cooperating to eliminate estate slavery

September 24th, 2008
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Last week, NST wrote on slavery in estates, citing the case of a family who escaped from one such estates. Then, MIC-owned YSS gave the following comments via its assistant director Vanita Ramany, who said YSS had brought cases to the police, but not enough attention was given:

She cited a case where an 18-year-old worker escaped from an estate in Bahau, Negri Sembilan, in March after enduring years of abuse.

“The girl sought our help and we referred her to the Bahau police. But till now, nothing has been done.

“She is currently under the care of a welfare home,” said Vanita, who added that she had contacted Negri Sembilan police chief Datuk Osman Salleh over the matter.

While Osman was helpful, she said some policemen did not share his enthusiasm.

Vanita also referred to one case in Malacca which was reported to the police. But the victim was arrested for armed robbery when he showed the scars on his body.

“The next day, he was released after the police realised they had made a mistake.”

Vanita said there were also six other estate workers who had sought help but they never “showed up at our office again”.

More recently, the YSS, MIC and Negeri Sembilan police had a meeting to further discuss this problem:

Police met representatives of several bodies recently to discuss how they could work together to resolve the problem of “slavery” in several estates in the country. They included the Welfare and Manpower Departments, MIC’s Yayasan Strategik Social (YSS) and state executive councillor for estate affairs V.S. Mogan.

State police chief Datuk Osman Salleh said they were committed in their efforts to put an end to such incidents and would work closely with the various bodies and political parties concerned.

“We want to get to the root of the problem and resolve it once and for all. We have yet to establish the extent of the problem as we were unable to get sufficient information from the few alleged victims who came forward.”
Osman said their investigations revealed that some such alleged cases were linked to bad debts between the workers and their employers, which carried on from one generation to another.

“These cases of bad debts are prevalent in many estates and sometimes the next generation is made to work to pay off the earlier loan taken by the person’s father or even grandfather.

“However, we are determined to get to the bottom of this and put an end to such things.

“We are in the process of investigating how these debts originated and how they grew to such enormous amounts. We are also hoping that someone from the estates allegedly involved will come forward to help us.”

He said the recent call by the government for all estates to register their workers would be a great help to the police and Manpower Department as it would enable them to keep track of any untoward activities in estates.

From 2005 till now, he said police had received five reports on estate slavery, of which three had been investigated and the papers handed over to the deputy public prosecutor.

“However, these three cases were marked as NFA (no further action) after the DPP was unable to find sufficient evidence to prosecute.

“As for the two other cases, they are still under investigation.”

On the meeting with YSS and Mogan, he said the MIC had expressed its appreciation to the police for their co-operation in investigating such cases.

“The YSS and state MIC leaders are working closely with us. We assure you that such cases of slavery in estates will be a thing of the past.

“We will continue to hold regular meetings with the agencies and bodies concerned and together we will resolve this problem.”

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Forced to plead guilty or not?

September 22nd, 2008
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The Rm1000 fine each for the 27 accused who pleaded guilty to unlawful assembly during HINDRAF rally has taken a new twist. Waytha claims that the trial of the balance 27 people which will run for two months continuously is an injustice and will cause the accused to lose their jobs:

The movement’s leader in exile P Waytha Moorthy told a press conference in Sentul, Kuala Lumpur via video conferencing, that the 27 individuals would lose their jobs during the two-month hearing.

“This is a great injustice to them. They are bound to lose their jobs, face severe financial crisis and their families would suffer,” said Waytha Moorthy who is in self-imposed exile in England.

The 27 are mostly odd-job workers and labourers who were among 54 individuals jointly charged for participating in an illegal assembly on Nov 11 last year in Kuala Lumpur.

He says that those who pleaded guilty did so out of fear since a prolonged trial period will affect them financially.

Naturally, the lawyer for the accused was incensed after Waytha’s comments. N Sivananthan denied the accusations and condemned Waytha:

In a statement today, their lawyer N Sivananthan denied the allegation and called on all quarters to stop politicising the issue.

He also took a swipe at the London-based Waythamoorthy, saying that he found the latter’s remarks “offensive and ignorant.”

Sivananthan said that the unjust treatment allegation was being equated to the fact that the court had given priority and its time to the trial of the said matter.

“I would like to categorically deny this (the unjust treatment allegation). The offence on which the guilty plea was taken carries a maximum two years’ imprisonment or fine (any amount) or a combination of both.

“Not only did the court only impose a RM1,000 fine, a time period of two months was also allowed for payment of the same with a proviso to extend the period to six months on a case-by-case basis,” he said.

“As a lawyer, I can confidently say that my clients have been treated justly and I find the comments made by Wathyamoorthy (left) from his refuge in London not only offensive but also ignorant.

“The admission of guilt was on the basis that my clients accepted the fact that laws need to be followed and that a failure to disperse when told to do so amounts to a breach of that law,” he added.

Meanwhile, Surendran, the lawyer for Hindraf 5 also chipped in, supporting Waytha:

Hindraf legal advisor N Surendran said that initially, the trial was supposed to last two weeks but was somehow extended to two full months.

Surendran said he has spoken to some of those who had pleaded guilty and claimed that many of them took the plea to avoid being absent from work and be subsequently axed.

“You can see here the enormity of the injustice. We have 27 people who have been forced to plead guilty because of a miscarriage of justice,” he said.

Surendran also urged the attorney-general and the government to drop charges against 27 individuals who he said were exercising their democratic right to assemble peacefully.

This was also rebutted by Sivananthan:

…Sivananthan noted that the comments made by Surendran are rather suspect since none of his clients had indicated that they were being “forced” to plead guilty.

“I don’t think he quite understands the concept of miscarriage of justice. The difference here is that my legal team and I are acting only as lawyers and not politicians whilst the individuals who are making these allegations are trying to dramatise this issue for reasons best known to them.
“I would therefore be grateful if the plea of guilt is not politicised by all parties concerned.”

So, which is which? As a lawyer, would you advise your client to plead guilty to avoid more problems and possible stiffer sentences? As a client, would you expect your lawyer to offer the best advice and as many options as possible to you?

Obviously its strange that this case was given much time and fast-tracked, but it can be taken either way – as a concern for the issue or to pressure the accused.

On the other hand, a sum of RM1000, which can be paid in installments is a good deal for the accused. So, on the smaller, individual scale, the accused can leave all this mess behind and move on in life. On a larger scale, the admission of guilt can be used to further condemn Hindraf, denounce the rally, and to try sway the community back to its original position.

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7 days in ISA and only 3 main questions?

September 19th, 2008
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That works out to a question for every two days, with a day to spare. No wonder she wants to sue the goverment. Really waste of time and money.

Kok’s press statement in full
Sep 19, 08 4:21pm
http://malaysiakini.com/news/90052

MCPX

The following is the press statement issued by Teresa Kok who was released after being detained for seven days under the ISA.

I have been released after being detained in solitary confinement in a 6-by-8 holding cell for seven days under the Internal Security Act (ISA). I was informed by the police that they detained me under section 73(1) of Internal Security Act 1960, which means I have incited racial and religious tension and conflict.

After being detained for seven days under the guise of so-called investigations, the police failed to produce any evidence or proof of me being involved in the activities of causing racial and religious tension. They were only able to ask me few questions based entirely on the false and malicious article written by Zaini Hassan under the topic ‘Azan, Jawi, JAIS, UiTM dan ba-alif-ba-ya’ that was published in Utusan Malaysia on Sept 10, 2008.

The three main questions that the investigation officers asked me were:

  1. whether I have mobilised a group of residents at Bandar Kinrara to present a petition to oppose to the azan at the Bandar Kinrara mosque;
  2. whether I have made a statement that 30 percent of the Selangor Islamic Department (JAIS) allocation is to be given to other non-Islam religious bodies; and
  3. whether I have opposed to the Jawi-wording road signages in Kuala Lumpur.

I denied the first two accusations as I did not do any such things as accused. I also told them that the issue of opposing Jawi road signages in Kuala Lumpur were done in January/February 2008 at the request and following the pressure of resident associations.

The resident associations, particularly in Taman Seputeh, were most unhappy because many of the road signages were changed arbitrarily by DBKL a few months before and changed again soon after, this time with Jawi wordings. They were strongly opposed to this kind of wastage of public funds by DBKL.

I was quite surprised that there were no other questions posed to me besides these few main questions.

The ISA is meant to detain people who threaten national security. The three issues stated above have nothing to do with national security. If the police wanted to carry out investigation on me, they can always ask me to give statements in any of the police station and there was absolutely no need to detain me under the ISA for seven days. This is a phenomenal abuse of the power of police under the ISA.

Besides, it is nonsensical for the police to detain me under the ISA merely based on the unsubstantiated article written by an irresponsible columnist in Utusan Malaysia. How can they regard that article as the gospel truth without investigating the writer in the first place? How can Utusan Malaysia publish it without verifying the facts?

I wish to ask the police whether they have called Zaini and Utusan Malaysia’s editors for questioning before and after my detention.

I know that the imam of Bandar Kinrara mosque has publicly denied that I was involved in the Puchong residents petition against azan of his mosque on Sept 13. I am also quite surprised to read in the New Straits Times dated Sept 19 that the official of the Bandar Kinrara mosque was called by the Dang Wangi police for statement recording only yesterday afternoon.

Why did the police do it so late, one week after I was arrested? Why didn’t they check their facts first before they arrest me and put me behind bars?

I see my detention as a ploy by Umno to try to cover up the embarrassment and the outrage of the racist statements made by (ex-Bukit Bendera Umno division chief) Ahmad Ismail in Penang. I wonder why did they choose an innocent person like me as I have never made any racist statements or racist speeches in the past?

I have lodged the police report on Sept 17, 2008 against Utusan Malaysia, Zaini and Dr Mohd Khir Toyo for criminal defamation. I would therefore urge the police to investigate Utusan Malaysia’s editors, those racist bloggers and Khir Toyo under the Penal Code.

As I have mentioned in my previous lawyer’s visit, I will sue Utusan Malaysia, Zaini and Khir Toyo. I have also instructed my lawyers to sue the Malaysian government for my unlawful arrest and detention.

As I am free from ISA detention today, I also call for the release of Raja Petra Kamarudin, the Hindraf Five and all other 60 over detainees under the draconian ISA.

I would also like to thank all politicians in the ruling parties as well as in the Pakatan Rakyat, NGOs, churches and all social organisations who have campaigned and prayed for my release.

TERESA KOK
Seputeh MP
Selangor senior exco
Kinrara state assemblyperson

Isn’t it plain fair for the police to call the other parties – Khir Toyo, Utusan columnist and editors as well?

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Race Relations Act?

September 18th, 2008
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What is Race Relations Act? I found a similar named Act in UK, the 1976 version which was updated in 2000:

The Race Relations Act 1976 was established by the British Parliament to prevent discrimination on the grounds of race.

Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions.

The Act also established the Commission for Racial Equality with a view to review the legislation.

The Act incorporates the earlier Race Relations Act 1965 and Race Relations Act 1968 and was later amended by the Race Relations Amendment Act 2000, notably including a statutory duty on public bodies to promote race equality, and to demonstrate that procedures to prevent race discrimination are effective.

In 2003 additional regulations made certain forms of discrimination due to religious belief illegal also.

The Act (2000) is found here.

Back in Malaysia, MCA Youth proposed the setting up of the Act on 14th September, following the arrest of Sin Che journalist Tan Hoon Cheng, but the letting off of Ahmad Ismail:

The MCA has proposed to the government to draft a race relations act to strenghten relations among multi-ethnic Malaysians.

Youth chief Datuk Liow Tiong Lai said such an act was relevant and necessary, in view of racial issues resurfacing and plaguing the nation, of late.

He said the proposed act could also reinforce efforts taken by the unity, culture, arts and heritage ministry to promote unity and solidarity among the people.

“We will propose to the ministry. Such act is needed to look into race relations, (and) how to engage a multi-racial community into postive relations and avoid discrimination.

“Some countries have in place, such an act, where you can’t discriminate or belittle other races,” he told reporters after opening The Federation of Malaysian Clans and Guild Youth Association’s annual meeting here today.

Barely 5 days after that, this is the response from Home Minister Syed Hamid (NST):

The Cabinet has agreed to enact an Act on race relations to prevent possible racial conflicts.
Home Minister Datuk Seri Syed Hamid Albar said Malaysia still had to cope with sensitive issues relating to racial problems and relationships despite having achieved its independence 51 years ago.

Syed Hamid said his ministry would be working closely with the Culture, Arts and Heritage Ministry in formulating the Act.

He was also quoted on Malaysiakini:

Responding to queries, the home minister said Shafie Apdal’s ministry will be drafting the law after consultations with various groups.

The Home Ministry is tasked with giving feedback on the penalties if the law is infringed.

On the need for the act, Syed Hamid said: “Even in the European nations, a law governing race relations is now important as they too are becoming ‘rainbow’ nations. What more for us?

“But the law is still in the early stages of drafting and it will be take some time before it is ready to be looked at.”

The minister also said that the cabinet will look at other countries’ race relation laws before deciding on Malaysia’s.

Basically, such Acts are to avoid discrimination in services, employment, public functions etc. But in Malaysia, it may also incorporate clauses to ban questions special rights of Malays, nationality of citizens, economic allocations etc.

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Buntong ADUN Sivasubramaniam claims trap over laptop

September 16th, 2008
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Smart fella this guy. Wasn’t he the one who was tempted with “millions of ringgit” to crossover to BN?

The recent arrests of two Perak executive councillors on corruption charges seem to have caused jitters among Pakatan Rakyat state assemblymen.

In a move to prevent any perception of graft practices, Buntong assemblyman A. Sivasubramaniam lodged a report with the state Anti-Corruption Agency (ACA) yesterday over a laptop he apparently received on behalf of a student.

Sivasubramaniam said a man had gone to his Buntong service centre here asking if there were any needy persons he could help.”We informed the man that there was a student who needed a laptop for his further studies in Cuba,” he told reporters here yesterday.He said a laptop was sent over to his office yesterday.

”I got suspicious when the man refused to come forward to personally hand over the laptop to the student,” he said.“The man insisted that I give him a letter confirming that I had received the laptop,” he added.Sivasubramaniam claimed the man also refused to see him despite calls for him to do so.

He said his suspicions that the gift could be a trap grew when he received the laptop with his name printed on the receipt as the person to have received the item.

Buntong rep lodges report

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