Wednesday, September 30, 2009

Home Ministry says Hindraf man's passport not cancelled

By Asrul Hadi Abdullah Sani- The Malaysian Insider

PUTRAJAYA, Sept 30 - Datuk Seri Hishammuddin Hussein said today that Hindu Rights Action Force (Hindraf) founder P Waythamoorthy’s passport had been neither confiscated nor cancelled.

Waythamoorthy had claimed he was victimised by the Malaysian government and that his international passport had been revoked.

The self-exiled leader has been living in London since the government crackdown on the organization in 2007 and has sought asylum in Britain.

Former Home Minister Datuk Seri Syed Hamid Albar had also refuted the allegations and said that Waythamoorthy’s passport and travel documents were still active in the Immigration Department of Malaysia database.

However Hishammuddin told reporters today that Waythamoorthy’s passport was, in fact, still in the custody of the Malaysian High Commission in London.

“His passport is still valid, his passports expires on Oct 17, 2010. As far as I am concerned, 2010 means that his passport has not yet ended and we did not confiscate his passport but he gave his passport to the our High Commission in United Kingdom,” he said.

Hishammuddin pointed that Waythamoorthy needed to only to return to the High Commission and claim his passport.

“Yes, he was the one who surrendered the passport,” he confirmed.

He added that Waythamoorthy should stop claiming that the government is stopping him from getting his passport.

“Why should we apologise to him? Would you? Of course, not,” he said.

Hishammuddin also added that Waythamoorthy could be too ashamed to go and get his passport because he had surrendered the document himself.

“Maybe he received a better offer at that moment, he felt that the grass is always greener on the other side but when he went to the other side, he felt that it was not worth it.

"Maybe he was ashamed because he himself surrendered the passport. That is why he claimed that we did not allow him to have his passport,” he said.

Hindraf name being exploited by MMSP, says Waytha

(The Stra) HINDU Rights Action Force (Hindraf) chairman P. Waytha-moorthy is angry over news that there are plans to connect the movement with the newly-registered Malaysian Makkal Sakthi Party (MMSP), reported Malaysia Nanban.

He said in a statement that MMSP, to be launched by Prime Minister Datuk Seri Najib Tun Razak on Oct 10, is capitalising on the term Makkal Sakthi (people power) that was popularised by Hindraf in November 2007.

Hindraf supporters took to the streets of Kuala Lumpur in the thousands to press for the rights of the Indian community, he said.

Waythamoorthy added that Hindraf was instrumental in the political tsunami that resulted in the Pakatan Rakyat coalition coming to power in five states in the March 2008 general elections.

Kg. Pandan to be demolished ala Kg. Buah Pala

The last Indian traditional village in Kuala Lumpur ie Kg. Pandan to be demolished ala Kg. Buah Pala. This time by UMNO and not DAP. Why doesn’t UMNO demolish Kg. Baru in Kuala Lumpur or the scores of other Malay villages and Chinese’s New Villages? Because the Indians have neither the political or economic strength. (Editor comment)

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Tuesday, September 29, 2009

A Letter of support for the Hindraf request for debate with Lim Guan Eng

Dear YB Lim Guan Eng

I am Dr. Shan Narayanan from Ipoh, Perak. I have been following the Kampung Buah Pala Issue closely. Many of the villagers have been displaced and are homeless. Obviously the Penang Government especially DAP will not take responsibility. This has not surprised me as over time it is becoming very clear that DAP is not multiracial. DAP creates a perception that it is multiracial. In politics Perception is very important.

In Malaysia Today, Naragan. N on 24/9/09 has invited you for a debate:( I have cut and paste the invite here)

Invite to YB Lim Guan Eng for a debate on the Kampung Buah Pala Issue :

By Naragan N.
I write this with regards to your several invites to the Gerakan Party Politicians for a live debate on the Kampung Buah Pala issue. There is now a suggestion from the public that maybe you should debate this issue with other groups as well.
I would like to humbly invite you to a televised debate on the Kampung Buah Pala issue at any time on any of the Malaysian TV channels. I will represent the Villagers and a section of Malaysian society's point of view in the debate.
The debate will be in the English Language and can take a format we will establish once you accept this invitation.
If you will accept this invitation for the debate, it will be a great day for democracy in Malaysia. Thank You and I really look forward to your response.
Malaysia-Today.net - No Holds Barred, Corridors of Power and more @ mt.m2day.org
http://

I have not seen any response from you. Are you afraid to address the issue? If you have fully supported the Kampung Buah Pala folks, you have nothing to fear. If the perception that DAP has created that the Kampung Buah Pala Folks are greedy is true you should have nothing to fear. However, if the developers are you friends than you certainly need to fear an open debate.

The Indian Community is watching you and the DAP. We are watching to see if you are brave to accept the challenge. I get the feeling that DAP still believes they have the undivided support of the Indian Community? Barisan lost touch with the ground after 50years but DAP has lost touch in just over 1 year.

YB be a brave man and accept the challenge. The Community wants to know if you actually represent all races.

Dr.Shan Narayanan
Ipoh Perak

Waytha wants to come home

father and daughter

SAD FAREWELL: A picture of Waythamoorthy and his daughter,taken after their breakfast in Singapore, before he departed for UK yesterday

SINGAPORE: P. Waythamoorthy, exiled in the United Kingdom, wants the Malaysian government to give him back his passport so he can come home and, if need be, face the music.

“I’m prepared to take responsibility for my actions. They can detain me under the ISA if they want to. But first, I want my passport back. And the government owes me an apology.”

Waythamoorthy said that he is not begging for his passport.

“What has been taken from me dishonourably must be returned to me in an honorable manner.”

Waythamoorthy holds Tan Sri Syed Hamid Albar, the former Home Minister, responsible for revoking his passport.

“The government owes me an apology. What they did to me on April 19 last year was the most humiliating thing in my life,” he said.

That day at Gatwick Airport in London, returning from a conference in Geneva, the British immigration authorities informed Waythamoorthy that the Malaysian government had revoked his passport.

“I could not believe it. In fact, I had to ask the British authorities to seek a confirmation with the Malaysian government that my passport was, indeed, being revoked.

“They did and two days later, on April 21, I was forced — because of the revocation and my stateless position
— to seek political asylum, which was duly given to me.”

Waytha is sore that the former Home Minister had continued to deny having revoked his passport.

He has written to the government to reinstate his passport “but the current government and the current Home Minister” have remained silent about it.

According to Amnesty International Director in Washington, Waythamoorthy was the first human rights lawyer to have his passport revoked while out of the country.

Waythamoorthy was in Singapore when he spoke to Malay Mail. He said he travels under the Geneva protocol now.

“I can go anywhere, including Israel, but I can’t return home to Malaysia.”

He spent nearly two weeks here when we secured the telephone interview. His family — wife, seven-year-old
daughter and his twin sister — had travelled from Malaysia to be with him in Singapore.

He left for London, where he is now based, yesterday, after seeing off his family to Malaysia.

Waythamoorthy also met P. Uthayakumar, another ringleader of the banned Hindraf, on Saturday night.

Uthayakumar was detained under the ISA for his role in a massive antigovernment demonstration in 2007
and a highly-provocative memorandum from Hindraf to the UK government alleging ethnic cleansing of Indians in Malaysia.

Prime Minister Datuk Seri Najib Razak released him and two other Hindraf leaders in May, a month after becoming Prime Minister.

Najib & the Makkal Sakhti Party - a loss cutting, money-greased ploy to split votes?

by Nathaniel Tan

There are no less than 5 articles on MIC and the Makkal Sakhti Party this morning on Malaysiakini - a large part of the interest garnered by how Najib himself is set to launch the party.

I suppose Ben Suffian is closest to the money:

“Perhaps this strategy is meant to stem the flow of Indian votes to the opposition. If it means diluting the vote (in a three-corner fight), then so be it.”

We might even look at this positively. Perhaps no less than the PM himself has seen the futility of winning back the Indian vote, and has opted to try and split it instead.

I think it’ll get real interesting if we see him starting to prop up alternative Chinese parties with the same goal :P

Well, I’ll always support the right of any group to organise politically and pursue their agenda.

It’s obviously a bit sad to see ex-Hindraf elements suddenly cosy up to BN, but I think in my ‘older’ age, these things become less unexpected.

It may be my ‘older’ age as well that has a better appreciation of how easily people fall to temptation.

This picture of spic and span, suit-clad Thanethiran looks so different from his orange street fighting days.

I know not the insides of any man’s heart, and will be the first to admit that the following is all pure speculation, but I somehow find it easy to imagine conversations in some cozy office, with Najib saying all the right things about the Indian interest (to put the perhaps slightly guilty feeling man more at ease), making vague allusions to sums that would be confirmed by underlings later.

After Perak and all, one gets the feeling that Najib is a master of this game. Many suspect sums of money that the individuals involved would never, ever have comprehended before in their lives. I guess it’s not an easy thing to refuse (often, along with the carrot, there is also the stick - think MACC investigations).

So, we have another community crusader who has likely fallen. It’s sad, but we leave them behind and press on I guess.

I think there can be no compromise - all race based political movements must eventually go if the country is ever to really be united. Anyone who genuinely hopes Najib, Umno and gang will give two hoots about the genuine interests of others (while being part of an entire generation steeped in supremacist thinking) beyond fishing for votes, is in for a sad awakening.

I know it’s often more difficult in the Indian community, being the smallest minority on the Peninsular - but purely defensive, siege-mentality communal instincts will never surpass a certain limit of achievement.

Needless to say, Pakatan could do a *whole* lot more to address issues concerning such minorities, and put their house in better order to build a more overreaching confidence in the coalition and its prospects.

Uthayakumar Presses On To Disqualify Judge

KUALA LUMPUR, Sept 28 (Bernama) -- The Sessions Court hearing a sedition charge against lawyer P. Uthayakumar was all riled up on Monday when his counsels continued to insist that Judge Sabariah Othman recuse herself from hearing the case, despite being repeatedly told to file an application.

One of the counsels, N. Surendran, was also engaged in a heated exchange with Deputy Public Prosecutor Noorin Badaruddin after he asked whether the prosecution was instructed to ensure Uthayakumar was convicted to prevent him from contesting in the next general election.

After lengthy arguments, Sabariah allowed Uthayakumar and his counsels, Surendran and M. Manogar, to submit why she should disqualify herself.

She said she would decide by noon tomorrow whether to allow the application or order the hearing to continue.

Uthayakumar said Surendran had filed an application at the High Court Criminal Registry on Sept 10 for the sedition trial to be transferred to the High Court.

He claimed the High Court was more competent to hear the case, citing the allegation against him involved complicated issues.

Another application was filed on Sept 23 to obtain more documents under Section 51A of the Criminal Procedure Code on police investigations into the 1999 Kampung Medan issue.

"So far, we did not receive any document from the prosecution on the Kampung Medan issue and this court should wait for the High Court to hear the application for the transfer of the case before continuing with the trial.

"I don't understand why this court is insisting to go on with this case where the High Court might decide in favour of my application," said Uthayakumar who spoke, in addition to his counsels.

This earned him a ticking off from Sabariah who pointed out that the trial had been postponed several times for various reasons since he was charged on Dec 11, 2007.

"This case is fixed for hearing for three days and the case is still within jurisdiction of this court and I will continue with the hearing," she said.

Noorin told the court the prosecution had handed over more than 160 documents to the defence and that she was not aware of the two applications filed by Uthayakumar's counsel.

"We were not informed about these applications and the court should not allow the case to be postponed since there are four witnesses present in court, with two who had to travel from Sarawak," she said.

Noorin submitted that under Article 154 of the Federal Constitution, the Attorney-General had the power to prosecute anyone and there was nothing extraordinary about Uthayakumar's trial to be heard before the High Court.

Even before the first prosecution witness, Bukit Aman deputy management director DCP Datuk Acryl Sani Abdullah Sani appeared in court, Uthayakumar told the court that he had another verbal application for stay of hearing.

Uthayakumar, 48, is charged with publishing a seditious letter on a website, an offence which carries a fine of up to RM5,000 or maximum three years' jail or both.

The letter dated Nov 15 was from the Hindu-based activist group, Hindraf, addressed to British Prime Minister Gordon Brown at No 10, Downing Street, London

MESSAGE FROM TUNKU ABDUL RAHMAN'S GREAT GRAND DAUGHTER

Tunku Abdul Rahman's great granddaughter
Sharyn Lisa Shufiyan, 24
Conservationist

"Both my parents are Malay. My mum's heritage includes Chinese, Thai and Arab, while my dad is Minangkabau. Due to my skin colour, I am often mistaken for a chinese.

I'm happy that I don't have the typical Malay look but I do get annoyed when people call me Ah Moi or ask me straight up "Are you Chinese or Malay"

Like, why does it matter? Before I used to answer "Malay" but now I'm trying to consciously answer Malaysian instead.

There's this incident from primary school that I remember till today. Someone told me that I will be called last during Judgement Day because I don't have a Muslim name. Of course, I was scared then but now that I'm older, I realise that a name is just a name. It doesn't define you as a good or bad person and there is definitely no such thing as a Muslim name. You can be named Rashid or ALI and still be a Christian.

I've heard of the 1Malaysia concept, but I think we don't need to be told to be united. We've come such a long way that it should already be embedded in our hearts and minds that we are united. Unfortunately, you can still see racial discrimination and polarisation. There is still this ethno-centric view that the Malays are the dominant group and their rights must be protected, and non Malays are forever the outsiders.
For the concept to succeed, I think the government should stop with the race politics. It's tiring, really. We grew up with application forms asking us to tick our race. We should stop painting a negative image of the other races, stop thinking about 'us' and 'them' and focus on 'we', 'our' and 'Malaysians' .

No one should be made uncomfortable in their own home. A dear Chinese friend of mine said to me once, "I don't feel patriotic because I am not made to feel like Malaysia is my home, and I don't feel an affinity to China because I have never lived there.
I know some baby Nyonya friends who can trace their lineage back hundreds of years. I'm a fourth generation Malaysian. If I am Bumiputra, why can't they be, too? Clearly I have issues with the term.

I think the main reason why we still can't achieve total unity is because of this 'Malay rights' concept. I'd rather 'Malay rights' be replaced by human rights. So unless we get rid of this Bumiputra status, or reform our views and policies on rights, we will never achieve unity.

For my merdeka wish, I'd like for Malaysians to have more voice, to be respected and heard. I wish that the government would uphold the true essence of parliamentary democracy. I wish for the people to no longer fear and discriminate against each other, to see that we are one and the same.

I wish that Malaysia would truly live up to the tourism spin of Malaysia truly Asia. Malaysians to lead - whatever their ethnic background. Only ONE NATIONALITY -MALAYSIAN. No Malays, No Chinese, No Indians - ONLY MALAYSIANS. Choose whatever religion one is comfortable with.

WELL SAID LADY.......YOU JUST DID YOUR GREAT GRANDPA PROUD.

Monday, September 28, 2009

Justice for Kugan petition to DYMM YDP Agong 26/09/09 - what I observed

This is what I observed at the peaceful assembly in front of the Istana Negara on 26 September 2009, which was called by Hindraf and the Human Rights Party Malaysia to deliver a petition to the the DYMM Yang Di-Pertuan Agong. The petition, which you can download and read here, pleads to the YDP Agong for justice for Kugan and his family. Eight months after his death in police custody, the killer/s of A. Kugan, have yet to be arrested and brought to justice.


I tried to get to the Istana Negara at about 10.30 a.m., but there was a police roadblock where Jalan Dewan Bahasa joins Jalan Istana, and the police were not allowing any cars to get past. I made some calls and found out that the petitioners were meeting at Naga's Restaurant in Brickfields, which is where I headed to.

Members of Kugan's family were already there, including Madam Indra (his mother), sister, brothers and uncle. With them were a small group of Hindraf and MHRP folks; MP for Kapar YB S Manikavasagam, MP for Puchong YB Gobind Singh Deo, and ADUN for Kota Shah Alam YB M. Manoharan were also there. Soon, Human Rights Party Malaysia pro-tem secretary-general P. Uthayakumar and Hindraf coordinator Mr. Jayathas arrived, and the group organised themselves for the trip to the istana.

Some of Kugan's family members waiting for transport to the Istana

I hitched a ride in one of the cars carrying some of Kugan's relatives. We set of towards the Istana, but somehow got separated from the lead cars. We parked before the roadblock at Jln Dewan Bahasa, and began walking towards the Istana proper.

Members of the police manning the roadblock blocked our way and told us that we could not pass.

The police stop us from proceeding

We told them that we were going to deliver a petition to the Istana, and that Kugan's relatives were with us. The policeman asked us to wait while he radioed his superiors for permission. He took an inordinate amount of time doing this.

Asking for instructions, or delaying tactics?

After about ten minutes of waiting with no indication of any permission forthcoming, our group decided not to wait there any longer, but to get back into our cars and try another route. By 11.30 we were walking towards the group of petitioners in front of the Istana.

The petitioners outside the Istana, outnumbered by the police, reporters and cameramen. By what stretch of the imagination could they have been considered a threat to public security?

As I approached this group at 11.33 a.m., a policeman was already ordering the crowd to disperse. This is what I managed to record:
video

Thus the people's attempt to express their plea for justice to their King was foiled by the police. The people there made their way back, and as you can see in the video above, their frustration and disappointment was evident.

The petitioners leaving the Istana area


The leaders of the petitioners had a quick discussion, and decided to hold a press conference back at Naga's Restaurant.


These are the people who prevented the rakyat from presenting their petition to DYMM YDP Agong. They are supposed to protect and serve the rakyat, but whose interests are they protecting now? Whose orders were they following?


Kugan's mother and other family members waiting by the roadside of Jalan Istana, having been chased away from the Istana area itself. Don't they have a right to plead for justice from their King, when the Malaysian AG and police have denied them justice for eight months? Why must they be treated so?

We got back into our cars and headed back to Naga's, where the impromptu press conference was held. Here are some video clips from it (apologies for the poor audio quality):

video
YB Gobind Singh Deo

video
YB M. Manoharan

video
Mr. Uthayakumar, YB Manickavasagam, YB Manoharan and lawyer Mr. N. Surendran

[Video to be uploaded here]
Madam Indra, with YB Manoharan translating for her. Kugan's mother still grieves.

[Video to be uploaded here]
YB Gobind Singh Deo again

[Video to be uploaded here]
and again

During the press conference, there were three gentlemen who were hanging about the restaurant, with a video camera. here they are, numbered accordingly:
Align Center

I cannot verify this, but I was told that they were special branch officers. Here is another shot of them:


Here is number 3 recording the press conference from up close:


According to this Bernama report of the event:
Brickfields police chief ACP Wan Abdul Bari Wan Abdul Khalid said police managed to disperse the gathering without any untoward incidents.

"No arrests were made. Police were on duty in front of Istana Negara to prevent incidents as the group comprised Hindraf members and politicians.

"The public should respect the residence of the Yang di-Pertuan Agong and the laws of the country," he said when contacted today.
Reading his statement, and having seen the events unfold for myself, these are the questions and thoughts that come to my mind:

1) What "untoward incident" was he expecting? Was he afraid that Kugan's mother was going to assault him with a deadly petition?

2) Why are Hindraf members and politicians singled out for "special treatment", when the cow head protestors get a free pass? Blatant double standards at work!

3) What did any of the petitioners do there, which can be construed as disrespecting the YDP Agong or his residence? Palace officials had already been informed and were prepared to accept the memorandum. Isn't DYMM YDP Agong the King for all Malaysians, including for Kugan and his family? Wasn't His Majesty's palace built and maintained with their blood, sweat and tears as well? What laws did they break? Why is the Brickfields police chief slandering them?

4) Why aren't Malaysians allowed to exercise their right to assemble peacefully? Were these folks in any way or form a threat to public safety and security? If peaceful assemblies like these are broken up by the police, how else are Malaysians going to express their views and feelings? IMHO, all the while our 1Malaysia government is embarking on a "feel-good" PR campaign, they are severely eroding our rights to assemble peacefully, amongst many others. We need work urgently to re-establish our rights, before we lose them altogether.

5) Why was it that the people who showed up in support of the petition were virtually all Indians? In the past (for example during Kugan's funeral), there was heartwarming and encouraging support from all communities; we must never let such cooperation and understanding die away. Kugan's case, just like Adi Anwar Mansor's and Teoh Beng Hock's, is a serious issue for all Malaysians. If we only fight for justice when our own race is involved, then Umno/BN will win, because we cannot defeat them by ourselves. Civil society and progressive groups must work together to find common ground and strive for change with a united voice. This will require high quality, principled leaders. United we stand; divided, we'll all die with Umno/BN in power for the next 52 years. Please people, we must break down the racial walls that Umno/BN have built between us!

6) We must ensure that the IPCMC is formed. IMHO, the police have become an instrument for the oppression of Malaysian's political expression and aspirations. If we are to have any hope of change in Malaysia, we must reform the police into an organisation that serves the rakyat, and not the political purposes of the party which happens to be in government.


The pain and anguish that our mothers bear for us, transcends time, language, race, and religion. Paradise lies beneath their feet, but all we give them in return is suffering. May God have mercy on us.

Sincerely,
Malaysian Heart
http://malaysianheart.blogspot.com/2009/09/hindrafs-petition-to-dymm-ydp-agong.html

Please read more reports of the event here, here, here and here.

Sunday, September 27, 2009

Kugan: Petition to palace fails - Malaysiakini

An attempt to submit a petition calling for a speedy probe into the death of detainee A Kugan to Istana Negara today was unsuccessful as the police refused to allow more than three persons to meet palace officials.

Some 20 people, including the deceased family members and supporters led by members of parliament Gobind Singh Deo (DAP-Puchong) and S Manikavasagam (PKR-Kapar) left the palace at 11.30am dejected.

“The family members alone consist of three people... what about their lawyer and the MPs accompanying the family? We too want to meet the palace officials when the petition is submitted,” said Gobind.

Also present were supporters of the banned Hindu Right Action Force (Hindraf) and newly-formed Human Right Party (HRP) members lead by its secretary-general P Uthayakumar.

petition to investigate kugan's death to istana 260909 kugan mother cryKugan's mother N Indra, his sister S Garthiyaini and brothers Iswara and Shargunan were also present.

Distraught by the police' refusal to let all of them to submit their petition, Indra broke in tears as her lawyer N Surendran and the parliamentarians tried to negotiate with the police.

She could hardly say much apart from demanding that justice be served and punishment meted out against her son's murderers.

petition to investigate kugan's death to istana 260909 argueGobind said he could not understand the "logic" of the police's refusal to allow more people to meet the palace officials.

"Firstly, it was not our intention to go into the palace, it was our intention to hand over the petition to the palace officials outside," said Gobind.

"We were there as a peaceful group, it was not our intention to create a ruckus... but the police did not seem to understand this," he said.

AG duty bound to take action

He also demanded that attorney-general Abdul Gani Patail to come forward and explain why nothing has been done in the past eight months.

"He (Abdul Gani) is duty-bound to explain to the public... I also ask why isn't the prime minister showing similar concern in this case as he did in the case of political aide Teoh Being Hock, who was found dead at the Malaysian Anti-Corruption Commission in Shah Alam," quizzed Gobind.

"The entire country cannot understand why the silence on the part of the AG, who had already classified it (Kugan's case) as a murder," asked Gobind.

petition to investigate kugan's death to istana 260909 uthayakumarUthayakumar added that Kugan's death was just the "tip of the iceberg" on deaths in police custody.

"The behaviour of the Brickfields OCPD Asst Comm Wan Abdul Bari Wan Abdul Khalid is not exemplary to the prime minister's call for One Malaysia," said Uthayakumar.

"While the government is saying the country will be more liberal by reviewing the Internal Security Act and Police Act, the implementation at ground level is not consistence," he said.

When approached by reporters Abdul Bari described the group as being unreasonable because they had initially agreed to a delegation comprising three people.

"However, despite the palace allowing up to five people to meet them, the whole group insisted on going in," Abdul Bari said.

Kugan, 23, died in custody at the Taipan police station in USJ on Jan 20 after being detained for questioning as part of an investigation into several luxury car theft cases.

The first autopsy conducted by the Serdang Hospital concluded that Kugan had died from liquid in his lungs.

Dissatisfied with the report, his family demanded that a second post-mortem to be done, as a video clip taken at the Serdang Hospital mortuary revealed severe bruising on Kugan's body.

Following massive public outcry accusing the police of foul play, AG Abdul Gani reclassified the case as murder and a day later 11 officers from the Taipan police station were transferred and put on desk duty.

The police had in April seized Kugan's blood and tissue samples from the second pathologist's office in Universiti Malaya Medical Centre.

Currently, the Malaysian Medical Council (MMC) is probing Dr Karim Tajuddin's professional conduct in relation to the cause of Kugan's death in the first post-mortem report at Serdang.

'We will not stop here'

The number of police officers, including Light Strike Force personnel, exceeded the number of the supporters gathered at the palace gates this morning.

petition to investigate kugan's death to istana 260909 fru"This again reflects the draconian manner in which the police are prepared to act in cases where they are alleged to be the suspects," blasted Gobind.

Gobind said further that the police should not have impeded their programme as their petition was against the lackadaisical attitude in the enforcement authorities.

"The police ought not to have interfered today because the complaint we are raising is squarely against them so it is difficult to understand how they can be independent in this circumstance," he said.

"The home minister should explain why a group of Malaysians in small numbers cannot handover a memorandum to their king... everyday you see tourists and foreigners taking photographs at the gates of the palace but the rakyat have to face a barricade of police officers to give a letter to king," he lamented.

"We make very clear we will not stop here and we will return soon... we sincerely hope that we will be allowed to hand over the petition next time without any interference," said Gobind, adding that he would be raising the matter in Parliament when it resume sitting on Oct 19.

Human rights lawyer Surendran, who is representing Kugan's family, said that they have evidence that the latter was "cold-bloodedly murdered".

"The specimens that we were supposed to have taken for toxicology would have given further proof the police had deliberately and intentionally murdered him," stressed Surendran.

There is a high-powered prosecution team that is fighting to stop us from obtaining the samples, said Surendran, adding that the judge is expected to rule on the matter which is coming up on Oct 2.

Kugan's mother has applied to the court for the samples, which were taken from the pathologist who did the second post-mortem, to be returned.

Kugan: Petition to palace fails

Saturday, September 26, 2009

Makkal Sakthi Party - Hindraf cries foul - Malaysiakini

Hindraf (Hindu Rights Action Front) chief P Waythamoorthy is livid over news reports that attempts are being made to connect the strictly apolitical human rights and equal rights movement with the newly-registered Malaysian Makkal Sakthi Party (MMSP).

Prime Minister Najib Abdul Razak will be officially launching MMSP, which is headed by a former Hindraf leader, on Oct 10.

“There seems to be a convoluted agenda to draw similarities between Hindraf and MMSP and this is being encouraged by the powers-that-be,” said Waythamoorthy in a statement to Malaysiakini.

“It is strange that the prime minister agreed to launch a party which is not a member of the ruling Barisan Nasional. The speed with which MMSP was registered speaks for itself.”

NONEWaythamoorthy (left) pointed out that MIC, a founder member of the BN, has also warned several times that it would veto any application by the MMSP to join the BN. Admission to BN must be unanimous, while expulsion is by a simple majority.

“The Hindraf pair behind the MMSP were ordinary members, if the term can be used, of Hindraf,” said Waythamoorthy.

MMSP is headed by RS Thanenthiran (below), who is party president, and Kannan Ramasamy, the party secretary-general.

makkal sakti party pc 060609 thanenthiranBoth men were active with Hindraf after the government crackdown where a number of the movement leaders were arrested, noted Waythamoorthy.

Hindraf legal advisor P Uthayakumar, Waythamoorthy's elder brother, the movement's organising secretary T Vasanthakumar and three other lawyer sympathisers of Hindraf were incarcerated at that time under the draconian Internal Security Act after a Singapore paper linked the movement with the Liberation Tigers of Tamil Ealam (LTTE).

'Makkal sakthi' expropriated

Explaining the differences between Hindraf and MMSP, Waythamoorthy stressed that the latter is trying to capitalise on the term “makkal sakthi”, Tamil for people power, which was made popular by the rights movement in late 2007.

That was when Hindraf supporters took to the streets of Kuala Lumpur in the thousands to press “for the legitimate aspirations of Malaysians of Indian-origin”.

Makkal sakthi also helped unleash the political tsunami on which the opposition Pakatan Rakyat coalition rode to power in five states and Kuala Lumpur in the general elections last March, added Waythamoorthy.

“Hindraf will continue to be an umbrella NGO for 30 Indian-based groups which agreed and contributed towards its formation,” said Waythamoorthy. “We are neither pro-Pakatan or anti-BN despite our support for the opposition in the last general election.”

brickfields uthayakumar hindraf 280209 water cannonThe thrust of Hindraf, according to Waythamoorthy, is to support whoever is pledged towards dismantling the apartheid-like structure of race and religion which has descended on Malaysia.

At the same time, he pledged, the movement will oppose anyone who wants to divide the people of Malaysia along racial and religious lines in politics.

“In short, we are for the truth, regardless of how some people may feel about it,” said Waythamoorthy. “The truth cannot be politicised or sacrificed for reasons of political expediency.”

Drawing a distinction between BN and Umno, the Hindraf chief vowed that his movement will have nothing to do with the Malay-based party, which he blames for all the woes of Malaysians of Indian origin and other Malaysians too.

He does not see Umno redeeming itself ever in the eyes of the Indian community “because it is too set in its ways and politics, and will continue on its death-wish path and implode sooner rather than later”.

Elder brother has right to form own party

The MMSP, claimed Waythamoorthy, is like many other Indian-based political parties who want to emulate the MIC and bring in the Indian votes for the BN to shore up Umno in power “in return for some crumbs from the spoils of office”.

“MMSP is not even a splinter group of Hindraf,” stressed Waythamoorthy. “Neither is the Human Rights Party which is headed by my brother P Uthayakumar and still awaiting registration, unlike the MMSP.

“Uthaya has never been a Hindraf activist. He was only the legal advisor.”

hindraf dataran vigil 050909 uthayakumar wifeUthayakumar thinks that the objectives of Hindraf need to be given a political platform, according to Waythamoorthy.

While he has no quarrels with his brother, he begs to differ since “it's not his call to make on Hindraf”.

However, Waythamoorthy concedes that his brother has a right to form his own political party to at least drive home to the electorate the lessons that he has learned during his years in detention under the ISA.

He declined to dwell further on the Human Rights Party,which he was given to understand has no links either with the MMSP.

Waythamoorthy is in self-imposed exile in London where Hindraf has an office, in addition to India, Australia and New York.

The movement's main work is to release the Malaysian Indian Minority and Human Rights Violations Annual Report at the Global Organisation of People of Indian Origin and Pravasi Bharathiya Divas international conference every year.

The latter is a gathering of the Indian diaspora where Hindraf and MIC, among others from Malaysia, are represented.

P.Uthayakumar “ethnic cleansing” criminal prosecution on 28/09/09 @ 9.00a.m.

Media Event

Re: P. Uthayakumar’s “ethnic cleansing” criminal prosecution scheduled to begin from 28-30th September 2009 as follows:-

Date : 28th September 2009 onwards.

Time : 9.00a.m.

Venue : KL Criminal Sessions Court (Puan Sabariah’s Court)

Thank you.

Your faithfully,

________________________

S. Jayathas

Media liasions officer

Tel No: 6012-636 2287

Note :

1) An application has been filed to transfer this case to the KL High Court (criminal) on public policy grounds.

2) The criminals who committed grevious bodily injury and the murders of five Indians in the Kg. Medan “ethnic cleansing” racial attacks specifically targeted on the Indians in March 2001 are yet to be prosecuted and convicted, no Inquest into the five cold blooded murders in board daylight by the Chief Justice and Attorney General, no Royal Commission of Inquiry by the UMNO controlled Malaysian government, No Malaysian Human Rights Commission (Suhakam), Inquiry our application to compel Suhakam to hold an Inquiry was dismissed by the KL High Court and no white paper presented to Parliament. This is despite this “ethnic cleansing” case being the worst case of Human Rights violations in the history of Malaysia. But P. Uthayakumar has been swiftly prosecuted, his passport initially impounded by the said Sessions Court and the Attorney General personally appearing and objecting to bail and finally an excessive bail of RM50,000.00 was initially imposed said Sessions Court. Human Rights for the Human Rights Defender!

Kugan's mother to appeal to Agong - Malaysiakini

It has been nine months since 23-year-old Kugan Ananthan died in police custody and despite a post-mortem report revealing that he was severely beaten up resulting in kidney failure and death, no prosecution has taken place.

Kugan case 020709 05Annoyed and weary by the lack of haste on the matter by the authorities, some 200 people will gathering at Istana Negara tomorrow to submit a petition to the Yang di-Pertuan Agong calling for action to be against his assailants.

Human rights lawyer N Surendran, who is representing Kugan' family told Malaysiakini today that the palace is their last avenue to pressure for prosecution.

Kugan's mother, N Indra, will be submitting the petition to the Agong.

Kugan died on Jan 20 after being detained in connection with several car theft cases for five days at the Taipan police station in USJ.

The first autopsy conducted by the Serdang Hospital concluded that Kugan had died from liquid accumulation in his lungs.

Dissatisfied with the report his family demanded that a second post-mortem to be done, as a video clip taken at the Serdang Hospital mortuary revealed severe bruises on Kugan's body.

Following massive public outcry accusing the police of foul play, Attorney-General Abdul Gani Patail reclassified the case as murder and a day later 11 officers from the Taipan police station were moved and put on desk duty.

Moreover, in April the police had seized Kugan's blood and tissue samples, documents and even the second pathologist handwritten notes from the University Malaya Medical Centre's Pathology Department.

No probe despite evidence

Currently, the Malaysian Medical Council (MMC) is probing Dr. Karim Tajuddin's professional conduct in relation to the cause of Kugan's death in the first post-mortem report.

Kugan case 020709 04"Until now nobody has been arrested and nobody has been charged... on top of that the police have seized the samples," lamented Surendran (left).

"Kugan's mother has got no where else to turn to... in hopes that the Agong is the final frontier of justice, we are going there tomorrow," he said.

The family is currently pursuing for the return of Kugan's seized blood and tissue samples.

Surendran said that the several civil rights groups and opposition members of parliament will also be present at the vicinity.

He added that the lackadaisical attitude of the authorities is taking a toll on Kugan's family.

"His mother may be terminated soon as she has to take off every time we have to go to court, however, she is determined to go on and she is not giving up until the matter is resolved," he said.

Three-cornered debate on Buah Pala mooted - Malaysiakini

The High Chaparral fiasco takes another turn today as the Penang Gerakan Youth challenged Chief Minister Lim Guan Eng for an open debate over the demolition of Kampung Buah Pala.

Hindu rights movement Hindraf followed this up with the suggestion to turn the event into a three-cornered debate.

Gerakan Youth chose the village as the venue for the proposed debate, and mooted a date and time - Oct 4 at 8.30pm.

The movement chief Oh Tong Keong today handed an invitation letter for the open debate to the chief minister through Lim's special assistant Ong Beng Guat at Komtar.

In an immediate response, Lim rejected the invitation saying that it was inappropriate for him to debate the issue with Gerakan Youth leaders.

He said he preferred to debate Gerakan president and former chief minister Koh Tsu Koon.

Lim and Penang Gerakan chairperson Dr Teng Hock Nan has been involved in an on-going public spat over who was to be blamed in the Kampung Buah Pala fiasco.

Teng accused the DAP government of finalising the land deal and selling off the village land to Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang without resolving the residents' predicament.

He said the previous Barisan Nasional government had inserted a contractual clause in the land deal compelling the landowner and developer to settle all issues pertaining to compensation, relocation and resettlement of the affected residents.

The Gerakan leader accused Lim of not complying with the clause when he effected the transfer of the village land title to the cooperative society on March 27 last year.

Lim: Koh a 'land robber'

Lim in return has accused that the previous government of being the real culprit behind the fiasco and described Koh as a “land robber”.

In its invitation letter, the Gerakan Youth stated that the debate be conducted in Bahasa Malaysia to allow all parties, including the village's residents committee, former residents, political parties, civil society groups and general public, to fully follow the discussion.

He also dared Lim to reveal his administration's executive council meeting minutes pertaining to the village land deals.

H'ng said the village was chosen as the debate venue was appropriate and ideal given that “Lim has never set foot in Kampung Buah Pala.”

“If Lim is brave enough to accept this challenge, he will be meeting our youth members at the debate. We have sufficient information and qualification to take him on in this matter," he told journalists after handing over the invitation letter.

H'ng said Lim should not be debating Koh as the Gerakan president was no longer active in local politics.

"Let us take Lim on," he said, adding that Lim should accept the challenge to show he had the guts to tackle the party's youth wing.

The developer and landowner have since early this month begun demolishing the houses in Kampung Buah Pala early this month after the villagers agreed to leave in return for compensation.

Lim said he wanted to debate the issue with Koh although he was not an elected representative and had even lost to Deputy Chief Minister P Ramasamy by some 10,000 votes in Batu Kawan parliamentary contest in the last general election.

'I respect him as the Gerakan president and would like to debate with him over the issue. If Koh dare not debate by himself and sends his assistants instead, I don't think that's the quality of a leader," he said, recalling that it was Koh who debated him on another land matter last year.

Hindraf wants in too

Meanwhile, the Hindu Rights Action Force (Hindraf) wants to be included should the debate materialise.

Hindraf national advisor N Naragan said it was important that civil movement be given the chance to argue their side of story over the whole Kampung Buah Pala imbroglio.

He said among the questions that Hindraf would seek clarification are:
  • Was the government right in allowing the demolition of Kampung Buah Pala?
  • Was there any heritage lost in the destruction of the village?
  • Did the villagers deserve what they got?
  • Was the demolition of Kampung Buah Pala unavoidable?
  • Were there other social or moral issues - and not just legal and commercial issues - involved in the village demolition?