2031: The villagers held a candlelight vigil and have now ended their gathering. Guan Eng was not in.
“We heard on the eight o’clock news that they are definitely coming in tomorrow to demolish,” said a worried villager.
2021: About 50 villagers, many of them children, are now gathered outside the Chief Minister’s residence. This has upset the Chief Minister’s people, who believe they have been trying hard to resolve the crisis and that certain quarters are making use of the villagers for their own ends.
The villagers, meanwhile, are desperate as the Cooperative has said it will carry out demolition tomorrow.
1700: Radio news announces that the developer has “rescheduled” its demolition to tomorrow to “allow residents more time to leave”.
But the residents appear to be standing firm and they are not going anywhere. Between 50 and 100 activists and residents – some of them sitting in the porches of houses and under a canopy near the main lane cutting through the village – are keeping watch at the village. Others have called it a day.
One villager told me they had never been offered RM200,000 each as compensation. “All that was talk – we have never seen anything in writing to that effect,” he said. What they were offered earlier was an apartment worth RM75,000, along with a temporary monthly rental, or RM90,000 cash.
They residents are also worried that the proposed double-storey terrace houses which the state is said to be trying to arrange as compensation could turn out to be small cluster ‘matchbox’ houses that would be too small for their extended families. It is not uncommon for each house here to be shared by several families.
Meanwhile, many are still waiting for the final outcome of the state investigative committee’s probe into the Kampong Buah Pala land transfer. What are the political interests (if any) and developer connections behind Nusmetro Ventures (P) Sdn Bhd? Who is the contractor for the Oasis project likely to be? And in particular, who is the main shareholder – Mohamad Faridz Karim of Balik Pulau, who has close to an 80 per cent interest in Nusmetro’s parent company, Asia Link-up Sdn Bhd?
1142: About a hundred demonstrators from Hindraf, MIC and PSM are at Komtar now. They have just handed over a memo for the chief minister.
Monday, August 3, 2009
Crowd gathers, no sign of demolition - Malaysiakini
Some 300 people have gathered in support of the Kampung Buah Pala villagers in Penang after the deadline for the villagers to vacate the land expired yesterday.
Among those present are members of the Hindu Rights Action Force (Hindraf), MIC, Parti Sosialis Malaysia (PSM) and non-government organisation Jerit.
Until now, there is no sign that the village would be demolished.
According to journalists on the ground, "There are no bulldozers, policemen or local council officers at the site."
The villagers face eviction to pave the way for luxury condominium project, called the Oasis, to be built by Nusmetro Venture.
The developer has given the villagers until today to move out before their 20-odd houses are demolished to make way for the project.
However, the Penang government - which has come under intense pressure over the issue - last week revoked the development order and it is unclear whether the developer will proceed to evict the villagers tomorrow.
Yesterday, the Penang Government Officers Cooperative, the sole owner of the Kampung Buah Pala land, remained adamant that the houses would be demolished today.
Cooperative chairperson Abdul Razak Mansor said Nusmetro had been instructed to obey the Federal Court decision, which has granted ownership of the land to the cooperative.
"We are not cruel, but our decision to demolish the village still stands because the court has decided the land is ours," he said.
Among those present are members of the Hindu Rights Action Force (Hindraf), MIC, Parti Sosialis Malaysia (PSM) and non-government organisation Jerit.
Until now, there is no sign that the village would be demolished.
According to journalists on the ground, "There are no bulldozers, policemen or local council officers at the site."
Luxury condominium project
 |
The developer has given the villagers until today to move out before their 20-odd houses are demolished to make way for the project.
However, the Penang government - which has come under intense pressure over the issue - last week revoked the development order and it is unclear whether the developer will proceed to evict the villagers tomorrow.
Yesterday, the Penang Government Officers Cooperative, the sole owner of the Kampung Buah Pala land, remained adamant that the houses would be demolished today.
Cooperative chairperson Abdul Razak Mansor said Nusmetro had been instructed to obey the Federal Court decision, which has granted ownership of the land to the cooperative.
"We are not cruel, but our decision to demolish the village still stands because the court has decided the land is ours," he said.
Moment of truth for Kg Buah Pala (updates)
2000: The Penang Government Officers Cooperative is adamant that it wants to demolish the Kg Buah Pala houses tomorrow, reports the NST/Bernama here. “We are not cruel, but our decision to demolish the village still stands because the court has decided the land is ours,” the cooperative chairman Abdul Razak Mansor is quoted as saying.
This effectively throws a spanner in the ongoing talks between the state government and the developer, Nusmetro, to resolve the crisis, according to a source.
Meanwhile, villagers reportedly have taken a week off from work to protect their homes from demolition. They are also expecting many activists and sympathisers to turn up tomorrow to lend their support, reports theSun.
1500: The developer and state government leaders are believed to be holding round-the-clock talks to resolve this crisis, a source informs me. The talks, which could continue tomorrow, may be extended if they fail to come up with a solution.
1300: The villagers are now waiting for a detailed blueprint from the developer/state for them to evaluate the proposal that they could co-exist side-by-side with the condominium project, says Sugumaran, the chairperson of the residents committee.
The villagers are in the midst of a heritage festival in the village.
0058: Today is the the day – the deadline given for Kampung Buah Pala residents to vacate their land.
There’s still considerable uncertainty over what will happen tomorrow.
According to one activist, as late as yesterday, the villagers were still hoping for the state to intervene and save their land by acquiring it.
Today, the villagers will be holding Ponggal celebrations with mixed feelings.
They will probably issue a press statement as well.
And then, who knows what tomorrow will bring.
Sunday, August 2, 2009
Stand-off continues as deadline expires - Malaysiakini
The Penang government was wrong in alienating the Kampung Buah Pala village land and transferring it to a cooperative society without prior written consent from its residents, said a London-based Malaysian lawyer today.
P Apalasamy said given that the village land was under the Brown Housing Trust, the owners must collectively give a written consent, which would constitute a legal document to dissolve the trust.
“Without the legal document, no government can dissolve the trust and alienate its land to another party.
“The current DAP government should produce this legal document publicly to prove that the trust was dissolved in accordance with the law,” said Apalasamy, who has been a lawyer in United Kingdom since moving from Sitiawan, Perak over 20 years ago.
He told this to Malaysiakini during a 40-minute demonstration held by the UK branch of the Hindu Rights Action Force (Hindraf) in London yesterday in a show of support for the embattled Kampung Buah Pala villagers.
Hindraf leader P Waythamoorthy was also present at the demonstration, which was held outside the Tourism Malaysia Office at Trafalgar Square.
“DAP is duty bound to save and preserve Kampung Buah Pala. There is no two ways about it,” he said.
Time is running out
The villagers face eviction tomorrow to pave way for luxury condominium project, called the Oasis, to be built by Nusmetro Venture.
The developer has given the villagers until Aug 3 to move out before their 20-odd houses are demolished to make way for the project.
However, the Penang government has last week revoked the development order and it is unclear whether the developer will proceed to evict the villagers tomorrow.
The state government hopes to buy more time with the move. Nusmetro has earlier agreed to put off their demolishment for a month after winning a court order. But despite the one-month delay, there has not be any resolution to the dispute.
The villagers have been adamant in refusing to yield to the eviction order, and called on the Penang government to acquire the land and preserve the village as a heritage site.
The villagers, civil societies and Hindraf have argued that the site was a 200-year-old Indian traditional village, which is also popularly known High Chaparral due to its population of cowherds, cattles, goats, other live stocks, and lively Tamil cultural features and festivities.
The London demonstration yesterday was a timely boost for the Kampung Buah Pala residents.
A small group carried placards depicting slogans such as 'Kg Buah Pala – The Last Remaining Hindu Tamil Heritage Village. Save It', 'Barisan Nasional and DAP are Cheating the People of High Chaparral' and 'DAP ... What Happened to Your Pre-Election Promises.'
Villagers not represented by lawyers
Apalasamy also pointed out that the state government failed to respect the legal rights of the residents if it had indeed not allowed legal representation for the villagers before obtaining their consent.
The 54-year-old further stressed Indian Malaysians in London were dismayed with the new state government for betraying the trust of Indian voters in Malaysia.
“Indian voters backed DAP and its allies in Pakatan Rakyat in the last general election hoping for a change in their political and socio-economic fortunes.”
Meanwhile, Kampung Buah Pala resident K Murugan, who submitted a memorandum to the Unesco's Paris Desk on Wednesday, has received a written assurance from a heritage official that the world body would seriously look into the issue.
Murugan has submitted the memorandum seeking Unesco's help to save his village from demolition.
On Friday, he received a letter dated July 31 from the World Heritage Centre's Asia Pacific Unit chief Giovanni Boccardi, who assured that the centre would study the appeal and consult with relevant Malaysian authorities and Icomos, an advisory body to the centre.
In his appeal, Murugan called on the Unesco heritage centre to include the village as a heritage site.
P Apalasamy said given that the village land was under the Brown Housing Trust, the owners must collectively give a written consent, which would constitute a legal document to dissolve the trust.
“Without the legal document, no government can dissolve the trust and alienate its land to another party.
“The current DAP government should produce this legal document publicly to prove that the trust was dissolved in accordance with the law,” said Apalasamy, who has been a lawyer in United Kingdom since moving from Sitiawan, Perak over 20 years ago.
He told this to Malaysiakini during a 40-minute demonstration held by the UK branch of the Hindu Rights Action Force (Hindraf) in London yesterday in a show of support for the embattled Kampung Buah Pala villagers.
Hindraf leader P Waythamoorthy was also present at the demonstration, which was held outside the Tourism Malaysia Office at Trafalgar Square.
“DAP is duty bound to save and preserve Kampung Buah Pala. There is no two ways about it,” he said.
Time is running out
The villagers face eviction tomorrow to pave way for luxury condominium project, called the Oasis, to be built by Nusmetro Venture.
The developer has given the villagers until Aug 3 to move out before their 20-odd houses are demolished to make way for the project.
However, the Penang government has last week revoked the development order and it is unclear whether the developer will proceed to evict the villagers tomorrow.
The state government hopes to buy more time with the move. Nusmetro has earlier agreed to put off their demolishment for a month after winning a court order. But despite the one-month delay, there has not be any resolution to the dispute.
The villagers have been adamant in refusing to yield to the eviction order, and called on the Penang government to acquire the land and preserve the village as a heritage site.
The villagers, civil societies and Hindraf have argued that the site was a 200-year-old Indian traditional village, which is also popularly known High Chaparral due to its population of cowherds, cattles, goats, other live stocks, and lively Tamil cultural features and festivities.
The London demonstration yesterday was a timely boost for the Kampung Buah Pala residents.
A small group carried placards depicting slogans such as 'Kg Buah Pala – The Last Remaining Hindu Tamil Heritage Village. Save It', 'Barisan Nasional and DAP are Cheating the People of High Chaparral' and 'DAP ... What Happened to Your Pre-Election Promises.'
Villagers not represented by lawyers
Apalasamy also pointed out that the state government failed to respect the legal rights of the residents if it had indeed not allowed legal representation for the villagers before obtaining their consent.
The 54-year-old further stressed Indian Malaysians in London were dismayed with the new state government for betraying the trust of Indian voters in Malaysia.
“Indian voters backed DAP and its allies in Pakatan Rakyat in the last general election hoping for a change in their political and socio-economic fortunes.”
Meanwhile, Kampung Buah Pala resident K Murugan, who submitted a memorandum to the Unesco's Paris Desk on Wednesday, has received a written assurance from a heritage official that the world body would seriously look into the issue.
Murugan has submitted the memorandum seeking Unesco's help to save his village from demolition.
On Friday, he received a letter dated July 31 from the World Heritage Centre's Asia Pacific Unit chief Giovanni Boccardi, who assured that the centre would study the appeal and consult with relevant Malaysian authorities and Icomos, an advisory body to the centre.
In his appeal, Murugan called on the Unesco heritage centre to include the village as a heritage site.
Buah Pala Cultural & Heritage Festival
Come join us, Save Kg.Buah Pala. On the 3rd,August be there to protect Kg.Buah Pala from been demolished.
S.JAYATHAS
HINDRAF
Saturday, August 1, 2009
Pakatan's sudden interest in Maika shares, a ruse
By Wong Mun Chee,
I'm just wondering after all this years, suddenly everyone in the opposition is ready to take on the Maika shares issues that has been lingering around for 20 over years.
Do I smell a ruse to deviate from the Kg Buah Pala issue? Yes. As more facts are being uncovered on the shady transaction of Kg Buah Pala, the DAP led opposition in Penang needs a diversion.
As usual the Indian MP mandores need to play their part to bury the current Penang government's fault in the Kg Buah Pala issue with a diversion.
Why the diversion, I can give you many reasons. No action was initiated on the fraudulent land transfer; no assistance was rendered to the residents in their fight against the developer when the latter is not even the legal owner of the land.
No state authority had raised the issue on the transfer of the trust land to the state land nor do documents exist to prove it. So what about this rule of law? Close an eye for the poor and defenceless.
Then what about the premium that was paid way after when it should be paid? It does not matter.
How plausible that development plan is approved when it subjected to a premium being paid within time or even without the land having been transferred.
Yes KSK did it, but what did the LGE government do to question all this to safeguard the residents and question the fraudulent transaction or invalidate it.
There are many legal nitty gritty that LGE could have pursued to expose the fraudulent land transfer if he was serious in saving Kg Buah Pala.
The icing on the cake, now since it is public, one lawyer comes out states that "The temporary title document (Borang 11AK), registered with the registrar of land titles and issued on March 27, 2008, contains a clause "Sekatan-sekatan kepentingan", which states:
"Tanah yang diberi milik tidak boleh dipindah milik, cagar, pajak, pajakan kecil atau sebarang bentuk urusniaga"
So, what happened Guan Eng, all your propaganda with your Indian kuncu-kuncu that the state government needs to fork out RM150 million to the developer.
The game is up Guan Eng, we are not so stupid anymore as we have citizen vigilantes to question the fair and just moves rather than playing politics.
The truth is there is no RM150 million to pay, nor was there any real attempt by the present Penang government to actually safeguard the interest of the residents in Kg Buah Pala. It was all an eye wash for the public.
By raising the Maika isues, it is very clear that it is but a camouflage to hide the inherent flaws that is so obvious in the Penang government which is supposed safeguard the interest of the poor and defenceless.
Since when in history have the opposition been interested in the Maika battle that has always been internal. You walk on a thin line in misinterpreting the judgment of the public with your actions.
Don't insult our intelligence and what we can grasp when more truth is exposed on the shaddy deal around Kg Buah Pala and your government's inaction.
Sure, I don't want an Umno-led BN to rule Penang, but expect you to be truthful in your dealing with residents in Kg Buah Pala rather than diverting the attention with your load of hocus pocus.
It is still not too late Guan Eng, do the right thing for the residents and we will respect you for it, for we will appreciate that you stood by them even in your time of despair for political survival.
I'm just wondering after all this years, suddenly everyone in the opposition is ready to take on the Maika shares issues that has been lingering around for 20 over years.
Do I smell a ruse to deviate from the Kg Buah Pala issue? Yes. As more facts are being uncovered on the shady transaction of Kg Buah Pala, the DAP led opposition in Penang needs a diversion.
As usual the Indian MP mandores need to play their part to bury the current Penang government's fault in the Kg Buah Pala issue with a diversion.
Why the diversion, I can give you many reasons. No action was initiated on the fraudulent land transfer; no assistance was rendered to the residents in their fight against the developer when the latter is not even the legal owner of the land.
No state authority had raised the issue on the transfer of the trust land to the state land nor do documents exist to prove it. So what about this rule of law? Close an eye for the poor and defenceless.
Then what about the premium that was paid way after when it should be paid? It does not matter.
How plausible that development plan is approved when it subjected to a premium being paid within time or even without the land having been transferred.
Yes KSK did it, but what did the LGE government do to question all this to safeguard the residents and question the fraudulent transaction or invalidate it.
There are many legal nitty gritty that LGE could have pursued to expose the fraudulent land transfer if he was serious in saving Kg Buah Pala.
The icing on the cake, now since it is public, one lawyer comes out states that "The temporary title document (Borang 11AK), registered with the registrar of land titles and issued on March 27, 2008, contains a clause "Sekatan-sekatan kepentingan", which states:
"Tanah yang diberi milik tidak boleh dipindah milik, cagar, pajak, pajakan kecil atau sebarang bentuk urusniaga"
So, what happened Guan Eng, all your propaganda with your Indian kuncu-kuncu that the state government needs to fork out RM150 million to the developer.
The game is up Guan Eng, we are not so stupid anymore as we have citizen vigilantes to question the fair and just moves rather than playing politics.
The truth is there is no RM150 million to pay, nor was there any real attempt by the present Penang government to actually safeguard the interest of the residents in Kg Buah Pala. It was all an eye wash for the public.
By raising the Maika isues, it is very clear that it is but a camouflage to hide the inherent flaws that is so obvious in the Penang government which is supposed safeguard the interest of the poor and defenceless.
Since when in history have the opposition been interested in the Maika battle that has always been internal. You walk on a thin line in misinterpreting the judgment of the public with your actions.
Don't insult our intelligence and what we can grasp when more truth is exposed on the shaddy deal around Kg Buah Pala and your government's inaction.
Sure, I don't want an Umno-led BN to rule Penang, but expect you to be truthful in your dealing with residents in Kg Buah Pala rather than diverting the attention with your load of hocus pocus.
It is still not too late Guan Eng, do the right thing for the residents and we will respect you for it, for we will appreciate that you stood by them even in your time of despair for political survival.
Friday, July 31, 2009
Lawyer says it aloud - cops killed Kugan
The High Court will next Tuesday announce its decision on the preliminary objection from the prosecution over the return of Kugan Ananthan's post-mortem samples which were confiscated from the University Malaya Medical Centre (UMMC) by the police.
The items that were seized include bodily fluids and tissue samples, photographs, documents and other materials relating to the post-mortem done on Kugan by a UMMC pathologist.
Kugan's family has earlier filed a court application to reclaim the seized items.
Kugan, 22, who was detained in January for alleged involvement in car theft, died after five days in police custody.
His family had rejected the initial post-mortem conducted by Dr Abdul Karim Tajuddin of Serdang Hospital, which stated that the Kugan had died from “fluid accumulation” in his lungs.
A second autopsy was done at UMMC at the request of the family, where pathologist Dr Prashant N Sambekar Prashant concluded that Kugan was severely beaten up resulting in kidney failure and death.
High Court Judge Ghazali Cha today heard written submissions from both the prosecution and lawyers representing Kugan's mother N Indra (left), who had filed the suit.
Deputy public prosecutor Noorin Badaruddin contended that the search warrant which was granted by the Petaling Jaya Magistrate Court on April 4 to allow the police to raid Prashant's office was not a “proceeding”.
Noorin added that the family's application to reclaim the seized items was not lawful as the seizure was done to facilitate police investigations.
Furthermore, Noorin said Indra did not have locus standi in law to apply for her son's confiscated samples.
“Even if there is an application made or any action to question the search conducted, it can only be done by UMMC as it took place in their premise,” said Noorin.
The suit named four police officers, including inspector-general of police Musa Hassan and criminal investigation department director Mohd Bakri Zinin, as respondents.
The other two are Petaling Jaya district police chief Arjunaidi Mohammed and the officer who raided the pathologist's office, ACP Mohd Marzukhi Mohd Mokhtar.
The case was classified as murder and 11 police officers were subsequently re-assigned to desk duties. Investigations have since been wrapped up, but no one has been charged.
'Why are the murderers walking free?'
Lawyer N Surendran, speaking to reporters outside the courtroom, lambasted attorney-general Abdul Gani Patail for not taking speedy action to identify and prosecute Kugan's murderers.
“We say it openly - the police killed Kugan. We have no doubt about it. If it is not true, they can charge us for criminal defamation...
“The death occurred because of murder and torture which happened in January but now it is now July, and we ask why are the murderers and torturers in uniform allowed to walk free in this country,” expressed Surendran (centre in photo).
“We are running out of patience. If Kugan's murderers are not charged by the AG, we will carry out mass peaceful demonstrations calling for justice for Kugan,” he warned.
“We have tried all other means. Nothing has worked. We will demonstrate, we will take to the streets, we will never stop until Kugan's murderers are brought to justice.
“We are fed-up waiting and looking at this poor mother and seeing what this unjust state is doing to her... one would think that when the culprits have been identified, within one or two weeks, they would be charged,” said Surendran.
The lawyer also likened Kugan's death to that of political aide Teoh Beng Hock and added that his death could have been avoided if “a royal commission was formed to review the interrogations process by both the police and other authorities”.
“They allowed Kugan's case to remain unresolved and Teoh is now dead... all this at the doors of (Prime Minister) Najib (Abdul Razak). His hands are stained in blood because he didn't institute the necessary reforms,” said Surendran.
The items that were seized include bodily fluids and tissue samples, photographs, documents and other materials relating to the post-mortem done on Kugan by a UMMC pathologist.
 |
Kugan, 22, who was detained in January for alleged involvement in car theft, died after five days in police custody.
His family had rejected the initial post-mortem conducted by Dr Abdul Karim Tajuddin of Serdang Hospital, which stated that the Kugan had died from “fluid accumulation” in his lungs.
A second autopsy was done at UMMC at the request of the family, where pathologist Dr Prashant N Sambekar Prashant concluded that Kugan was severely beaten up resulting in kidney failure and death.
 |
Deputy public prosecutor Noorin Badaruddin contended that the search warrant which was granted by the Petaling Jaya Magistrate Court on April 4 to allow the police to raid Prashant's office was not a “proceeding”.
Noorin added that the family's application to reclaim the seized items was not lawful as the seizure was done to facilitate police investigations.
Furthermore, Noorin said Indra did not have locus standi in law to apply for her son's confiscated samples.
“Even if there is an application made or any action to question the search conducted, it can only be done by UMMC as it took place in their premise,” said Noorin.
The suit named four police officers, including inspector-general of police Musa Hassan and criminal investigation department director Mohd Bakri Zinin, as respondents.
The other two are Petaling Jaya district police chief Arjunaidi Mohammed and the officer who raided the pathologist's office, ACP Mohd Marzukhi Mohd Mokhtar.
The case was classified as murder and 11 police officers were subsequently re-assigned to desk duties. Investigations have since been wrapped up, but no one has been charged.
'Why are the murderers walking free?'
Lawyer N Surendran, speaking to reporters outside the courtroom, lambasted attorney-general Abdul Gani Patail for not taking speedy action to identify and prosecute Kugan's murderers.
“We say it openly - the police killed Kugan. We have no doubt about it. If it is not true, they can charge us for criminal defamation...
 |
“We are running out of patience. If Kugan's murderers are not charged by the AG, we will carry out mass peaceful demonstrations calling for justice for Kugan,” he warned.
“We have tried all other means. Nothing has worked. We will demonstrate, we will take to the streets, we will never stop until Kugan's murderers are brought to justice.
“We are fed-up waiting and looking at this poor mother and seeing what this unjust state is doing to her... one would think that when the culprits have been identified, within one or two weeks, they would be charged,” said Surendran.
The lawyer also likened Kugan's death to that of political aide Teoh Beng Hock and added that his death could have been avoided if “a royal commission was formed to review the interrogations process by both the police and other authorities”.
“They allowed Kugan's case to remain unresolved and Teoh is now dead... all this at the doors of (Prime Minister) Najib (Abdul Razak). His hands are stained in blood because he didn't institute the necessary reforms,” said Surendran.
Lawyer says it aloud - cops killed Kugan
The High Court will next Tuesday announce its decision on the preliminary objection from the prosecution over the return of Kugan Ananthan's post-mortem samples which were confiscated from the University Malaya Medical Centre (UMMC) by the police.
The items that were seized include bodily fluids and tissue samples, photographs, documents and other materials relating to the post-mortem done on Kugan by a UMMC pathologist.
Kugan's family has earlier filed a court application to reclaim the seized items.
Kugan, 22, who was detained in January for alleged involvement in car theft, died after five days in police custody.
His family had rejected the initial post-mortem conducted by Dr Abdul Karim Tajuddin of Serdang Hospital, which stated that the Kugan had died from “fluid accumulation” in his lungs.
A second autopsy was done at UMMC at the request of the family, where pathologist Dr Prashant N Sambekar Prashant concluded that Kugan was severely beaten up resulting in kidney failure and death.
High Court Judge Ghazali Cha today heard written submissions from both the prosecution and lawyers representing Kugan's mother N Indra (left), who had filed the suit.
Deputy public prosecutor Noorin Badaruddin contended that the search warrant which was granted by the Petaling Jaya Magistrate Court on April 4 to allow the police to raid Prashant's office was not a “proceeding”.
Noorin added that the family's application to reclaim the seized items was not lawful as the seizure was done to facilitate police investigations.
Furthermore, Noorin said Indra did not have locus standi in law to apply for her son's confiscated samples.
“Even if there is an application made or any action to question the search conducted, it can only be done by UMMC as it took place in their premise,” said Noorin.
The suit named four police officers, including inspector-general of police Musa Hassan and criminal investigation department director Mohd Bakri Zinin, as respondents.
The other two are Petaling Jaya district police chief Arjunaidi Mohammed and the officer who raided the pathologist's office, ACP Mohd Marzukhi Mohd Mokhtar.
The case was classified as murder and 11 police officers were subsequently re-assigned to desk duties. Investigations have since been wrapped up, but no one has been charged.
'Why are the murderers walking free?'
Lawyer N Surendran, speaking to reporters outside the courtroom, lambasted attorney-general Abdul Gani Patail for not taking speedy action to identify and prosecute Kugan's murderers.
“We say it openly - the police killed Kugan. We have no doubt about it. If it is not true, they can charge us for criminal defamation...
“The death occurred because of murder and torture which happened in January but now it is now July, and we ask why are the murderers and torturers in uniform allowed to walk free in this country,” expressed Surendran (centre in photo).
“We are running out of patience. If Kugan's murderers are not charged by the AG, we will carry out mass peaceful demonstrations calling for justice for Kugan,” he warned.
“We have tried all other means. Nothing has worked. We will demonstrate, we will take to the streets, we will never stop until Kugan's murderers are brought to justice.
“We are fed-up waiting and looking at this poor mother and seeing what this unjust state is doing to her... one would think that when the culprits have been identified, within one or two weeks, they would be charged,” said Surendran.
The lawyer also likened Kugan's death to that of political aide Teoh Beng Hock and added that his death could have been avoided if “a royal commission was formed to review the interrogations process by both the police and other authorities”.
“They allowed Kugan's case to remain unresolved and Teoh is now dead... all this at the doors of (Prime Minister) Najib (Abdul Razak). His hands are stained in blood because he didn't institute the necessary reforms,” said Surendran.
The items that were seized include bodily fluids and tissue samples, photographs, documents and other materials relating to the post-mortem done on Kugan by a UMMC pathologist.
|
Kugan, 22, who was detained in January for alleged involvement in car theft, died after five days in police custody.
His family had rejected the initial post-mortem conducted by Dr Abdul Karim Tajuddin of Serdang Hospital, which stated that the Kugan had died from “fluid accumulation” in his lungs.
A second autopsy was done at UMMC at the request of the family, where pathologist Dr Prashant N Sambekar Prashant concluded that Kugan was severely beaten up resulting in kidney failure and death.
|
Deputy public prosecutor Noorin Badaruddin contended that the search warrant which was granted by the Petaling Jaya Magistrate Court on April 4 to allow the police to raid Prashant's office was not a “proceeding”.
Noorin added that the family's application to reclaim the seized items was not lawful as the seizure was done to facilitate police investigations.
Furthermore, Noorin said Indra did not have locus standi in law to apply for her son's confiscated samples.
“Even if there is an application made or any action to question the search conducted, it can only be done by UMMC as it took place in their premise,” said Noorin.
The suit named four police officers, including inspector-general of police Musa Hassan and criminal investigation department director Mohd Bakri Zinin, as respondents.
The other two are Petaling Jaya district police chief Arjunaidi Mohammed and the officer who raided the pathologist's office, ACP Mohd Marzukhi Mohd Mokhtar.
The case was classified as murder and 11 police officers were subsequently re-assigned to desk duties. Investigations have since been wrapped up, but no one has been charged.
'Why are the murderers walking free?'
Lawyer N Surendran, speaking to reporters outside the courtroom, lambasted attorney-general Abdul Gani Patail for not taking speedy action to identify and prosecute Kugan's murderers.
“We say it openly - the police killed Kugan. We have no doubt about it. If it is not true, they can charge us for criminal defamation...
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“We are running out of patience. If Kugan's murderers are not charged by the AG, we will carry out mass peaceful demonstrations calling for justice for Kugan,” he warned.
“We have tried all other means. Nothing has worked. We will demonstrate, we will take to the streets, we will never stop until Kugan's murderers are brought to justice.
“We are fed-up waiting and looking at this poor mother and seeing what this unjust state is doing to her... one would think that when the culprits have been identified, within one or two weeks, they would be charged,” said Surendran.
The lawyer also likened Kugan's death to that of political aide Teoh Beng Hock and added that his death could have been avoided if “a royal commission was formed to review the interrogations process by both the police and other authorities”.
“They allowed Kugan's case to remain unresolved and Teoh is now dead... all this at the doors of (Prime Minister) Najib (Abdul Razak). His hands are stained in blood because he didn't institute the necessary reforms,” said Surendran.
Lawyer: "Police killed Kugan!"
By Jeff Ooi,
Mysterious deaths while in government's custody -- Kugan Ananthan in police complex, and yes, Teoh Beng Hock in MACC premises.
Lawyer N Surendran was quoted in Malaysiakini as saying the following, today:
“We say it openly - the police killed Kugan. We have no doubt about it. If it is not true, they can charge us for criminal defamation...“The death occurred because of murder and torture which happened in January but now it is now July, and we ask why are the murderers and torturers in uniform allowed to walk free in this country,” expressed Surendran.
Speaking to reporters outside the courtroom today, Surendran also lambasted attorney-general Abdul Gani Patail for not taking speedy action to identify and prosecute Kugan's murderers.
Post-mortem samples confiscated
Meanwhile, the High Court will announce next Tuesday, August 4, its decision on the preliminary objection from the prosecution over the return of A. Kugan's post-mortem samples which were confiscated from the University Malaya Medical Centre (UMMC) by the police.
The items that were seized include bodily fluids and tissue samples, photographs, documents and other materials relating to the second post-mortem done on Kugan by UMMC pathologist, Dr Prashant N Sambekar Prashant.
The initial post-mortem, conducted by Dr Abdul Karim Tajuddin of Serdang Hospital, stated that the Kugan had died from “fluid accumulation” in his lungs. It was rejected by Kugan's family.
Thursday, July 30, 2009
High Chaparral: Evening in Paris gives some hope - Malaysiakini
High Chaparral: Evening in Paris gives some hope
The Unesco's Paris Desk will write to the federal government within the next few days seeking clarification on the Kampung Buah Pala village crisis in Penang.
Unesco's Asia Pacific heritage specialist, Junhi Han (extreme left) said the world heritage centre would express its concerns over the demolition of the nearly 200-year-old Kampung Buah Pala after hearing an appeal from village resident K Murugan who went to Paris.
Unesco's intervention was hailed by Hindu Rights Action Force (Hindraf) leader P Waythamoorthy as a boost to the villagers' cause in efforts to stop next week's demolition by the developer.
K Murugan made an official representation to the world heritage body based in the French capital city of Paris yesterday at 3pm (French time).
He was accompanied by London-based Waythamoorthy, who had arranged the meeting with Unesco.
Waythamoorthy had explained the the Kampung Buah Pala predicament to the heritage official of the Unesco Paris Desk.
Waythamoorthy alleged that the village land was originally held on a housing trust but was later taken over by the federal government and transferred to the Penang government under dubious circumstances.
He further alleged that the previous Penang state government had unlawfully alienated and sold the land held on trust to a cooperative society - Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang.
Junhi Han was also told that the cooperative subsequently engaged a private developer Nusmetro Venture (P) Sdn Bhd to build a lucrative condominium project called Oasis on the trust land.
Waythamoorthy (left) told her that the current DAP government was responsible for the actual transfer of the trust land to the cooperative within 19 days after coming to power.
Waythamoorthy told her that during last year's general election campaign, the DAP leaders had promised the residents to secure and preserve the trust land as a heritage village.
However, he alleged, that after coming to power, the DAP state government had failed to fulfil its promise and betrayed the people's trust.
Unesco appeals to gov't
Junhi Han told Waythamoorthy and Murugan that she would immediately inform the Malaysian officials at Unesco to look into the controversy urgently.
Earlier Murugan (left), the 46-year-old cowherd from Kampung Buah Pala, arrived in France on Wednesday morning via London to hand over a memo.
The memo urged Unesco to urgently make a representation to the Malaysian government to stop the village demolition.
It also urged Unesco to send a fact finding team to Kampung Buah Pala to gather first hand information independently to justify the residents' heritage claim over the village.
At the end of the 40-minute meeting, Junhi Han said the matter would be presented to the world heritage committee after receiving a response from the Malaysian government.
The committee, she assured, would then seriously consider the need to commission a Unesco fact finding mission to the village.
Murugan's representation to take his village fight for survival to Unesco is seen as a move to exert international pressure on relevant authorities in Penang, especially Chief Minister Lim Guan Eng to preserve the traditional Indian village.
Murugan's representation would deal a severe blow to the DAP government as it could compromise the status of George Town as living human heritage city, an accolade it shares with Malacca.
Waythamoorthy informed Junhi Han that Kampung Buah Pala sits exactly on the city limit of George Town, which received its international heritage recognition in July 2008.
Kampung Buah Pala faces the possibility of total destruction on Aug 3, after an eviction order was issued on July 2.
Lim's government has already revoked the development plan a few days ago apparently to stop the eviction and compel the developer to agree with its plan to settle the issue amicably.
Kampung Buah Pala is referred to by locals as Tamil High Chaparral because of its hilly location, greenery, population of cowherds, cattle, goats, other livestock, and lively Tamil cultural features and festivities
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Unesco's intervention was hailed by Hindu Rights Action Force (Hindraf) leader P Waythamoorthy as a boost to the villagers' cause in efforts to stop next week's demolition by the developer.
K Murugan made an official representation to the world heritage body based in the French capital city of Paris yesterday at 3pm (French time).
He was accompanied by London-based Waythamoorthy, who had arranged the meeting with Unesco.
Waythamoorthy had explained the the Kampung Buah Pala predicament to the heritage official of the Unesco Paris Desk.
Waythamoorthy alleged that the village land was originally held on a housing trust but was later taken over by the federal government and transferred to the Penang government under dubious circumstances.
 |
Junhi Han was also told that the cooperative subsequently engaged a private developer Nusmetro Venture (P) Sdn Bhd to build a lucrative condominium project called Oasis on the trust land.
Waythamoorthy (left) told her that the current DAP government was responsible for the actual transfer of the trust land to the cooperative within 19 days after coming to power.
Waythamoorthy told her that during last year's general election campaign, the DAP leaders had promised the residents to secure and preserve the trust land as a heritage village.
However, he alleged, that after coming to power, the DAP state government had failed to fulfil its promise and betrayed the people's trust.
Unesco appeals to gov't
Junhi Han told Waythamoorthy and Murugan that she would immediately inform the Malaysian officials at Unesco to look into the controversy urgently.
 |
The memo urged Unesco to urgently make a representation to the Malaysian government to stop the village demolition.
It also urged Unesco to send a fact finding team to Kampung Buah Pala to gather first hand information independently to justify the residents' heritage claim over the village.
At the end of the 40-minute meeting, Junhi Han said the matter would be presented to the world heritage committee after receiving a response from the Malaysian government.
The committee, she assured, would then seriously consider the need to commission a Unesco fact finding mission to the village.
Murugan's representation to take his village fight for survival to Unesco is seen as a move to exert international pressure on relevant authorities in Penang, especially Chief Minister Lim Guan Eng to preserve the traditional Indian village.
Murugan's representation would deal a severe blow to the DAP government as it could compromise the status of George Town as living human heritage city, an accolade it shares with Malacca.
Waythamoorthy informed Junhi Han that Kampung Buah Pala sits exactly on the city limit of George Town, which received its international heritage recognition in July 2008.
Kampung Buah Pala faces the possibility of total destruction on Aug 3, after an eviction order was issued on July 2.
Lim's government has already revoked the development plan a few days ago apparently to stop the eviction and compel the developer to agree with its plan to settle the issue amicably.
Kampung Buah Pala is referred to by locals as Tamil High Chaparral because of its hilly location, greenery, population of cowherds, cattle, goats, other livestock, and lively Tamil cultural features and festivities
Guan Eng can do better on Kg Buah Pala
I appreciate your win-win solution for the residents and the developer but it is not a win-win situation they want. They seek what is rightfully theirs and how, you as their CM, ensure truth prevails under your governance.
Let's go over the facts: The villagers took the state government (under Koh Tsu Koon), the cooperative and developer to court in 2007 to save the village, and claim their right to the land.
At that point in time, the title had not been transferred, nor the premium paid for the land alienation.
Now the High Court in Penang decided that the residents of kg Buah Pala do have a claim to this land.
Let's go over the facts: The villagers took the state government (under Koh Tsu Koon), the cooperative and developer to court in 2007 to save the village, and claim their right to the land.
At that point in time, the title had not been transferred, nor the premium paid for the land alienation.
Now the High Court in Penang decided that the residents of kg Buah Pala do have a claim to this land.
Originally the village was legally gazetted as the Helen Brown Housing Trust under the Housing Trust Act 1950.
However, in 2005, the land office alienated the land to the state government without dissolving the trust which is a requirement under law
Futhermore, Penang Island Municipal Council (MPPP) had allegedly given planning approval in 2007 to Umno-linked Nusmetro before the land was legally transferred to the cooperative.
Isn't this a breach of the council's building by-laws?
Under Section 81 & 82 of NLC 1965, there is a time limit on the premium to be paid, normally within three (3) months, otherwise the state government has the authority to invalidate the transaction.
In this case, Koh gave the approval on April 25, 2007 and the cooperative paid the balance of the premium only on the Mach 14, 2008 to the Pakatan government led by Lim Guan Eng?
So what happened?
Then on May 23, 2009, the PR state exco decided to claim for the balance 50% of the premium which the cooperative agreed to settle if the terms of the land title were honoured.
Therefore, they knew that there was possibility that you would not honour it and were aware of the legal implications if you dragged them to court on the fraudulent transaction.
So when attempts were made by the Pakatan government to really save Kg Buah Pala, you hid behind the judgement of the federal court. And how a huge sum was needed to pay the developer.
Stop plucking figures from thin air for political survival.
What happened to all your legal eagles when there are ample grounds and facts to challenge the fraudulent land transfer? Are they that dumb, that a layman like me can read, digest and understand what actually transpired?
No Guan Eng, I don't expect miracles from you, but be sincere.
There are many instances of fraudulent activities by the previous government. Nobody is blaming you for this, but we need you to tackle the problem rather than play politics.
Get your legal eagles to get off their butts and work on the fraudulent land transfer.
I know it is not easy to go against the Penang Chinese Chambers of Commerce but you seek the truth for each and every Penangnite, irrespective of their origin.
You have taken a bold step forward with the ultimatum, and I'm sure every Penangnite will support in the next election if you resolve this matter.
A reminder, stop sending an Indian mouthpiece to solve an Indian problem if you know what I mean. We are all Malaysian, it is everyone's problem to seek what is just, fair and truthful.
Wednesday, July 29, 2009
PICKET IN LONDON-UNITE IN SOLIDARITY TO SUPPORT PRESERVATION OF KG BUAH PALA PENANG
Dear HINDRAF UK Supporters,
Many of you may by now be aware of the plight of our sisters and brothers in the Kg. Buah Pala saga which face the danger of demolition by the capitalist developers supported by the Penang State Government led by the DAP.
The Brown Family as a trust land handed this heritage village of 200 years to the villagers’ descendents. Somehow the land was mysteriously under dubious circumstances sold to a Government Co-operative Society by the previous BN Government. However the actual land transfer took place after the DAP Government came into power. The DAP Government proceeded to transfer the said land to the new owners despite the objection of the villagers and a senior lawyer and is now working hand in glove with the developers to evict the lawful villagers. Prior to the last elections the DAP had promised the villagers they would hand the land back to them should they come into power. More than 300 villagers face demolition come 3rd August 2009.
LET US UNITE IN SOLIDARITY AND SHOW OUR SUPPORT FOR THE VILLAGERS.
WE WILL ORGANISE A PICKET TO SEND A CLEAR MESSAGE FOR THE PROTECTION OF OUR FELLOW INDIANS AND OUR LAST REMAINING HERITAGE VILLAGE IN MALAYSIA.
DATE : 1st AUGUST 2009 (SATURDAY)
TIME : 10.30 AM
VENUE: MALAYSIA TOURIST OFFICE
TRAFALGAR SQUARE
A resident of the village will be present to represent the villagers.
Please pass this message to your friends.
For enquiries contact Iswaran 07946107872
Many of you may by now be aware of the plight of our sisters and brothers in the Kg. Buah Pala saga which face the danger of demolition by the capitalist developers supported by the Penang State Government led by the DAP.
The Brown Family as a trust land handed this heritage village of 200 years to the villagers’ descendents. Somehow the land was mysteriously under dubious circumstances sold to a Government Co-operative Society by the previous BN Government. However the actual land transfer took place after the DAP Government came into power. The DAP Government proceeded to transfer the said land to the new owners despite the objection of the villagers and a senior lawyer and is now working hand in glove with the developers to evict the lawful villagers. Prior to the last elections the DAP had promised the villagers they would hand the land back to them should they come into power. More than 300 villagers face demolition come 3rd August 2009.
LET US UNITE IN SOLIDARITY AND SHOW OUR SUPPORT FOR THE VILLAGERS.
WE WILL ORGANISE A PICKET TO SEND A CLEAR MESSAGE FOR THE PROTECTION OF OUR FELLOW INDIANS AND OUR LAST REMAINING HERITAGE VILLAGE IN MALAYSIA.
DATE : 1st AUGUST 2009 (SATURDAY)
TIME : 10.30 AM
VENUE: MALAYSIA TOURIST OFFICE
TRAFALGAR SQUARE
A resident of the village will be present to represent the villagers.
Please pass this message to your friends.
For enquiries contact Iswaran 07946107872
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