Posts Tagged ‘discrimination’

Sultan to help Ragu

September 26th, 2008
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Yesterday, we read how Ragu was asked to get a support letter from Sultan of Perak to get his MyKad. Today, the Sultan summoned ExCO Sivanesan, State NRD Director and State Welfare Director to meet him at 2.30pm.

“I was informed by the ruler’s office that he wanted the government officers to brief him on Ragu’s case. He is showing concern over the lives and living conditions of his subjects,” Sivanesan said here yesterday.

Home Minister Syed Hamid said that a temporary (green MyKad) identification document will be issued “immediately” with the state NRD until the Home Ministry considers Ragu’s application for permanent MyKad.

According to Syed Hamid, the green card was stopped in 2004, but now there are plans to reissue them for thousands of Malaysian who suffer without proper identity cards.

Obviously, there will be an investigation, according to him to identify who gave wrong information to Ragu.

“He should not have been asked to go to the palace to obtain the letter. We do not involve the Rulers in this situation. That is not the way we (the NRD) operate.”

He said the ministry would attend to Ragu’s problem immediately, adding that it could have been avoided if the parties concerned had carried out their duties diligently.

demolishment of temple in Ampang

September 26th, 2008
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According to Waytha, this was one of the temples that sparked HINDRAF into action. This particular Kaliamman temple in Kampung Tasik, Jalan Baru in Ampang was tried to be demolished a few times, and on 9th Sptember 2008 (two weeks ago), MPAJ officials demolished most of the temple. After that, I remember reading Selangor EXCO (can’t remember who) saying that the state government viewed this seriously and action will be taken against the officers because never consult with the councillors/committee/EXCO first.

Then, we have the following action from MIC:

Samy Vellu condemns the demolishment and took a swipe at the state goverment because it failed to uphold its promise not to demolish any temples. He said the state should have ordered the local council not to demolish it.

Well, I think the local council did not heed the state government ruling. So, we expect to see some heads to roll. Pakatan leaders must talk their words and get rid of such troublemakers in the local council. Having said that, let’s count how many officials were reprimanded or disciplined while MIC was in power via BN prior to this. Anyone with any figures?

Obviously its careless and an injustice to remove demolish the temple without relocating it first. so, stiff punishment is expected.

A very “fast” action from MIC is that after reading in the papers about the demolishment which happened two weeks ago, its Selangor Youth Chief went to make a police report. They are able to take action after two weeks, which is relatively fast, though not as fast as the old opposition. Looks like the opposition party MIC must be a bit more faster in the future and get news from the grassroots immediately.

While Samy is blaming the state goverment over the actions of the local council, I think this shows the lack of authority and cooperation between this two entities. Local councils come under the Housing and Local Government Ministry. If a new state government faces such disobedience from local council, just imagine what respect MIC got in the last decade from these councils. I guess DBKL, MPAJ etc. don’t even give face to MIC leaders, that’s why we had many cases of temple demolishment. So, we can say that MIC is powerless to stop this problem and its not their fault? And now when the new party takes over, same problem. So who is to blame? the local council, the state government or the federal government?

I remember the Selangor state government saying that no more places of worships will be demolished, and establishment of some committees (just like BN style). the EXCO in charge of local government, Ronnie Liu says:

Ronnie Liu, who is chairman of the state’s local government, study and research committee, said the state had issued a directive to all local councils to halt action against places of worship when it came into power but the officers defied the order.

He said that in taking the action last month the officers also bypassed the committee on non-Muslim affairs headed by state executive councillors Teresa Kok, Dr Xavier Jayakumar and himself.

“I contacted the council president a day after the incident and asked him to investigate the matter and identify those involved,” he said.

“I was told that he has submitted a preliminary report to my office but I have not read it since I am away in China now so it would be unfair for me to comment further.”

Liu had said a day after the incident that he was upset with the council officers’ actions and threatened that they would face stiff action.

A day after the incident. Not two weeks.

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.

More on the Race Relations Act

September 19th, 2008
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A bit more on the proposed Race Relations Act, as quoted by Syed Hamid:

Speaking to reporters after addressing ministry staff at a monthly gathering yesterday, Syed Hamid said both ministries would also have to collect input from non-Governmental organisations and individuals on the contents and scope of the Act.

The Act would include provisions on punitive action while using the Federal Constitution as the guideline, he said.

He added that the Act would also touch on race relations through the economic, education and distribution systems.

“There is a great need to work on the mindset of Malaysians and ways to strengthen the relations among all races in the country,” said Syed Hamid.

“We need to give priority on our diverse cultures and on the sensitivity of each race in order to create an ideal environment to live in,” he said, adding that similar Acts in other countries would be used as reference in drafting it.

While MCA youth thinks of the Act as a deterrent to ensure various communities are not belittled, reading Syed Hamid saying that the  “Act would also touch on race relations through the economic, education and distribution systems” implies that it will hinder progress on equal rights. It may well serve to silence any voices that ask about distribution of scholarships, bumiputra equity, company ownership etc. Well, equal does not mean its equal. 🙂

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?