Sunday, October 4, 2009

Indian issues: BN, Pakatan the same - Malaysiakini

Human Rights Party supremo P Uthayakumar has accused both Barisan Nasional and Pakatan Rakyat of lacking the political will and determination to help poor Indians.

"Both treat Indians as insignificant. Both are virtually a lame duck vis-à-vis Indian issues," said the Hindraf leader and former Internal Security Act detainee.

He said Pakatan state governments could have resolved half of the Indian problems by allocating lands for Tamil schools, Indian settlements, Hindu crematoriums and temples.

NONEHe brushed aside arguments by Pakatan leaders that the state governments were new to administrative politics, alleging that "they were quick to demolish Indian establishments, settlements and structures within a short period, but slow in fixing them."

Citing the Kampung Buah Pala fiaso in Penang as one of the examples, Uthayakumar said although PKR and PAS were not directly involved, "both parties watched silently while the DAP government executed the village's destruction."

He said the argument that Pakatan was new to administration does not hold water since the coalition, when ruling Perak, was quick to set aside land for Orang Asli, Malays and Chinese for their settlements, farms, temples and schools.

"But none for the Indians," he said, adding that the Kedah, Selangor and Penang governments practiced the same policies.

Boycott by-election

Inspired by Hindraf, Uthayakumar said Indians voted for change in the last general election hoping that Pakatan would provide the change they desired to end their predicament.

However, he said Indians felt shortchanged now, thus Hindraf had been put in a quandary because the community was now questioning the movement's strong electoral backing for Pakatan last year.

Uthayakumar said this was reason why his party has called on Indian voters in Bagan Pinang to boycott the by-election on Oct 11.

The by-election would see a straight fight between the BN's Mohd Isa Abdul Samad, who is also former Negeri Sembilan menteri besar, and Zulkefly Mohamad Omar, the Negeri Sembilan PAS commissioner.

Uthayakumar said HRP and Hindraf would never back the Umno-dominated BN but felt obliged to call on Indians not to vote for Pakatan as well.

"We want to send a message to both blocks that they cannot take Indian voters for granted - wooing therm during elections but abandoning them after that.

"We will explain our stand to the Indian voters in Bagan Pinang. It's up to them to accept or reject our arguments," he added.

Uthayakumar claims proof Hishammuddin lied

By Syed Jaymal Zahiid - The Malaysian Insider

Hishammuddin claimed that Waythamoorthy had surrendered his passport to the Malaysian High Commission.

KUALA LUMPUR, Oct 3 — Human Rights Party leader P. Uthayakumar claims he has proof that Home Minister Datuk Seri Hishammuddin Hussein had blatantly lied about the status of Hindu Rights Action Force (Hindraf) founder P. Waythamoorthy’s passport.

Uthayakumar, who is the elder brother of the self-exiled Hindraf leader, claimed to have a copy of a letter sent by the UK Border Agency indicating that Waythamoorthy’s passport had been confiscated by the British government following instructions from the Malaysian authorities.

Hishammuddin had said in a press conference on Sept 30 that Waythamoorthy had “surrendered his passport” to the Malaysian High Commission and refuted claims that the government was victimising the Hindraf leader by revoking his travel documents.

The letter, allegedly documented evidence of correspondence with the British immigration authorities dated Sept 23, stated that the Malaysian government had sent a letter dated March 14, 2008 to its High Commission instructing the confiscation of Waythamoorthy’s passport.

“The passport was cancelled as the Malaysian authorities were seeking your client’s (Waythamoorthy’s) arrest to face criminal charges,” the letter stated further.

No information was given as to which ministry or department had instructed the confiscation.

Copies of the letter were distributed to the media during a press conference held at the party’s office here today.

“The letter contradicts the statement made by the minister. He and Umno are liars and they have been doing that to the people for 52 years now,” said Uthayakumar.

Hindraf lawyer, N. Surendran, who was also present at the press conference, said the letter was of grave seriousness.

“This is a serious incident between the two countries if the government was really telling the truth about Waythamoorthy’s passport.”

“Why would the British government confiscate his passport without any reason? I don’t believe they would go as far as lying about this,” he added.

Proof of lies, claims Waytha's lawyer

Proof of lies, claims Waytha's lawyer

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Saturday, October 3, 2009

Press Conference: Proof of lies, claims Waytha's lawyer







Press Conference: Proof of lies, claims Waytha's lawyer


Proof of lies, claims Waytha's lawyer - Malaysiakini

Lawyer N Surendran has provided a letter which purportedly shows that the British Home Office received instructions from the Malaysian government to return Hindraf leader P Waythamoorthy's passport.

NONE"Waythamoorthy's (left) passport was returned to the Malaysian government upon their request," said Surendran, who is representing the Hindraf leader.

Referring to a letter from the UK Border Agency, Surendran said the Malaysian government had revoked the Hindraf leader's passport on April 21, 2008 and therefore he was refused exit and detained for two days at Gatwick airport.

His passport was seized by the British immigration and handed over to the Malaysian authorities.

Home Minister Hishammuddin Hussein had said on Oct 1 that Waythamoorthy's passport was never cancelled nor confiscated, and that it was kept at the Malaysian embassy in Britain.

Apology sought from Hisham

P Uthayakumar, elder brother of Waythamoorthy and Hindraf legal adviser, has demanded both the current and former home ministers to apologise for "lying about the status of his passport".

waytha passport pc uthayakumar and coWaythamoorthy left for London two years ago to flee from being allegedly detained under the ISA.

The Hindraf leader has continued with his activism in London for what he calls 'the marginalised Indian community.'

He has been granted political asylum in Britian and currently travels on a British document which does not allow him to return to Malaysia.

waytha passport pc wife shantiWaythamoorthy's wife, Shanti (left), who was also present at the press conference, said the separation with her husband had deprived her young daughter of her father.

An emotional Shanti said that her "husband has committed no crime and I am very proud of him for standing up for the Indian community."

"We call on the government to give an explanation to the lies perpetrated by His

Court orders cops to show seized Kugan material

By Neville Spykerman - The Malaysian Insider

PETALING JAYA, Oct 2 –The High Court here today ordered police to produce toxicology samples of A. Kugan, who died in police custody, before the magistrate's court next Friday.

The samples were seized by police from the University Malaya Medical Centre on April 6 when they raided the office of the pathologist who had conducted the second post-mortem on the 22-year-old who died on Jan 20.

High Court Judge Datin Yeoh Wee Siam ruled that the search was legal but the police should have produced the samples before a magistrate.

Yeoh said the magistrate on Friday will decide what should be done with the samples and if Kugan's family should keep them.

On May 28 N. Indra, Kugan’s mother, filed an application to compel the police to return all items, documents, tissue samples and bodily fluids which were seized from UMMC pathology department, on April 6.

Kugan died on Jan 20, after five days in police custody. He had been arrested in connection with a string of luxury car thefts.

Following his death, 11 policemen from the Taipan USJ police station was transferred to desk duty but yesterday only a single constable, V.Navindran was charged for causing grievous hurt to Kugan.

Lawyers acting for Kugan’s family told reports that the samples which was taken by the second pathologist was more crucial now, more than ever, because it may proof that Kugan was actually murdered.

They had argued that the samples should not have been seized in the first place and there is no reason for the Government to keep them.

N.Surendran said they been fighting hard get the samples back so it can be sent to chemist in Australia for analysis.

“The decision by the High Court today, was neither a victory or a loss.”

He added that samples rightfully belong to the family who initiated the second post-mortem and had nothing to do with the police case.

Surendran also lashed out at the Attorney-General (AG) for further “tormenting” Kugan’s family by charging only one suspect and even that, not for murder.

According to him, the AG had also used the family’s court applications to get the samples return as an excuse to explain why it took nine months to charge the suspect.

“This is absurd, he instructed for the samples to be seized in the first place and now he blames the family for causing the delay.”

He added the AG’s claim that the delay was also because of an ongoing probe by Malaysia Medical Council (MMC) into Kugan’s death, was not true.

The MMC inquiry is not about Kugan’s death, he said, but into the professional misconduct of the doctor who carried out the first post-mortem.

“I should know, because I was the one who lodged the complaint with MMC,” he said.

The first post-mortem at the Serdang Hospital indicated Kugan died due to water in his lungs but a second one which was carried out by UMMC revealed he suffered massive injuries and this led to concerns of an attempted cover up.

“The AG is just giving excuses but this is obvious.”

Lawyer M. Manogaran, who is also representing Kugan’s family described the Government’s reluctance to return the samples as “disturbing”.

“We believe the samples may prove he was actually murdered,” said Manoharan, who is also Teluk Intan MP.

Letter from the Hindu American Foundation to Anwar Ibrahim

The letter from HAF..

Honorable Dato' Seri Anwar Ibrahim
Opposition Leader and Former Deputy Prime Minister of Malaysia

Dear Mr. Anwar Ibrahim,
Malaysia has already been a country of particular concern for our Foundation in light of the numerous Hindu temple destructions, custodial battles in Shariah courts involving at least one Hindu parent, the arrest and persecution of Hindu-Malaysian leaders, and Bumiputra laws that discriminate against the minority communities.
More recently, we wrote to Ambassador Karuppannan to protest the vulgar, religiously provocative, and racially incendiary act by a Muslim-Malaysian mob demanding that the government rescind the orders for relocating
the Sri Mariamman temple in Section 23 of Shah Alam. The countenance by local police of Muslim provocative acts is added cause for alarm in a country that is already facing volatile racial and religious issues. We are gravely concerned about the law and order situation in the country, and the state's unwillingness to firmly clamp down on the religious bigotry of the Muslim majority. Such tensions only bring about a greater sense of insecurity amongst the Hindu residents.
The Hindu American Foundation is pleased to have noted your concern about the “Arabisation” of Malaysia. Therefore, we hope that you will pressure the Malaysian government and Malaysia’s state and local officials to do
more to protect the rights of Hindu Malaysians and to ensure that Hindu temples will not be desecrated or destroyed. We also urge you to do more to ensure full equality for all Malaysians by ending discrimination in the
allocation of public funds and land for places of worship between Muslim and minority religious groups.

We also urge you to work for repeal of the Internal Security Act and not allow peaceful Hindu protestors to be detained under this repressive Act.
Our Foundation has made the following recommendations to the U.S. and British governments and human rights groups:

1) Religious freedom should be allowed and encouraged for ethnic Malays and the minority religious populations in the country.

2) Religious minorities should not be forced to deal with the country’s Islamic Sharia’s courts.

3) The United States, United Nations, the international community, and human rights groups should pressure the Malaysian government to protect Hindu temples from desecration and destruction. Hindu places of worship that existed prior to independence should be designated as temple property and title to
the land should be handed to the respective temple trustees/committees as has been done for preindependence era mosques.

4) The Malaysian Government should be urged to not discriminate in the allocation of public funds and land for places of worship between Muslim and minority religious groups.

5) The Internal Security Act must be repealed and Hindu leaders prosecuted under the repressive Act should be immediately released.

The Hindu American Foundation (HAF) is an advocacy group providing a progressive voice for over two million Hindu Americans. The Foundation interacts with and educates leaders in public policy, academia,media and the public at large about Hinduism and global issues concerning Hindus, such as religious
liberty, the portrayal of Hinduism, hate speech, hate crimes and human rights. By promoting the Hindu and American ideals of understanding, tolerance and pluralism, HAF stands firmly against hate, discrimination,defamation and terror. The Hindu American Foundation is not affiliated with any religious or political
organizations or entities. HAF seeks to serve Hindu Americans across all sampradayas (Hindu religious traditions).

I would be pleased to meet further to discuss the issues concerning our Foundation and other human rights groups about Malaysia and to hear your views.

Sincerely,
Mihir Meghani, M.D.
President and member of the Board of Directors,
The Hindu American Foundation

Defence counsel says no indication from A-G’s Chambers that others would be charged

indra_0

Indra : Still traumatised by her son’s death

CONSTABLE Navindran Vivekanandan claimed trial to causing grievous hurt to detainee A. Kugan when he was charged in the Petaling Jaya Sessions Court yesterday.

Navindran, 28, pleaded not guilty to two principal charges of causing grievous hurt to Kugan to extort a confession from him or any information which may lead to the detection of an offence or misconduct, at the interrogation room of the D9 office of the Taipan police station, USJ Subang Jaya, at 7am and 4pm on Jan 16.

He also pleaded not guilty to two alternative charges of causing hurt to Kugan at the same place and time.

The main charges carry a maximum 10-year jail term and the alternative charges seven years’ jail upon conviction.

Both also carry the liability of a fine. Deputy public prosecutor Idham Abd Ghani asked the court to set bail at RM10,000 with one surety for all the charges, saying that these were serious charges and the case had received wide media coverage.

surendren

Surendran : Delay should not be blamed on the family

Defence counsel Datuk Salehuddin Saidin, however, said media coverage was not a factor for consideration and asked that bail be set at RM1,000 as Navindran had cooperated with the police and also had a wife and children to look after.

Judge Aslam Zainuddin allowed bail of RM10,000 with one surety and fixed Nov 5 for mention.

Salehudin told reporters that so far there was no indication from the Attorney- General’s Chambers that others would be charged in connection with the case.

Meanwhile, Kugan’s mother is disappointed that the police constable is not being charged with the murder of her son. N. Indra, who spoke to Malay Mail yesterday, was in tears, saying that this was an injustice.

“The whole of Malaysia knows that there was more than one person involved in beating up my son and yet it takes so long for them to identify the people and then only charge one of them for causing hurt when it’s also known that my son died because of their doing,” she said.

Attorney-General Tan Sri Abdul Gani Patail, in a statement on Wednesday, said the policeman would be charged with voluntarily causing grievous hurt to extort a confession from Kugan.

The 23-year-old died on Jan 20 after five days in police custody at the USJ police station lock-up to assist
police in investigations into luxury car thefts.

Indra said as a mother she was still traumatised by her son’s death and all she wanted was justice.

“Everything is before our eyes. The policeman who was charged was even offered bail for such a crime and my son was not even given a chance. What is going on?”

Kugan’s family lawyer N. Surendran, when contacted, disagreed with Gani’s explanation in the media statement on why Navindran could not be charged with murder.

“The reason given by the A-G is that there is no evidence that Kugan suffered an instant death. Instead,
he died four days after the alleged beating. Therefore, there was a wide gap in-between and a charge of murder could not be preferred against the suspect. We refute that claim completely,” he said.

He also refuted the claim by the A-G that referred to the findings of the medical report where it did not show that the deceased died due to the injuries suffered by him, but was the result of acute myocarditis, a viral infection of the heart.

Surendran said the second post-mortem report, which showed the severity of the beatings that led to cellbreakdown, which in turn led to kidney failure, could have easily led to the arrest of the policemen involved.

Surendran added that the A-G’s claim for the delay in pressing charges was caused by the family was “absolutely untrue”.

“Being aware that the family was looking forward to sending the samples to Australia for further examination, why was there a need to order the police to seize the samples?” he asked.

Surendran said the delay should not be blamed on the family but on the A-G’s Chambers for seizing the samples for a toxicology report to be carried out to find out if any poison was administered.

He said the A-G’s Chambers was well aware that the samples were to be sent to Australia. - Malay Mail

Friday, October 2, 2009

Kugan's death: Cop charged

Kugan's case: Cop charged, pleads not guilty - Malaysiakini

Nine months after A Kugan died in police custody, constable V Navindran was charged at the Petaling Jaya Sessions Court today with causing hurt to the 23-year-old detainee.

Navindran claimed trial to two counts of causing "grievous hurt" while trying to extract a confession or extract any information to secure a conviction on two separate occasions on Jan 16.

Alternatively, he was accused of causing "hurt"to Kugan.

kugan court case 011009 uthayakumar.jpgThe alleged offences took place at the interrogation room of the Taipan police station in USJ, Subang Jaya-- the first at 7am and the second at 4pm.

If found guilty of causing "grievous hurt", he is liable to a fine and a jail term of up to 10 years, while for "causing hurt," the maximum sentence is seven years.

DPP Idham Abdul Ghani requested that the bail be set at RM10,000 with one surety.

Navindran, 28, who looked unperturbed during the proceedings is represented by a team of three lawyers led by Sallehuddin Saidin.

The others are Suraj Singh and Rajpal Singh while lawyer Gobind Singh Deo is holding a watching brief for the Kugan family.

Kugan's grandmother, mother, aunt and uncle along with close relatives were present in court to catch a glimpse of the man allegedly responsible for his death.

Sallehuddin submitted that his client is married and with a child. He is a constable and had cooperated with the police in their investigations and was present in court of his own free will.

"Being a constable there is less chance of him absconding bail. I would like to suggest bail at RM1,000 with one surety as his uncle is willing to post bail."

Idham told the court that the offence was serious and had attracted wide media coverage.

Sessions judge Aslam Zainuddin set bail at RM10,000 for both charges and fixed Nov 5 for mention.

Navindran, wearing a blue long-sleeved shirt and blue denim jeans, entered the court about 9.25am.

He was said to have arrived at 6.30am at the newly renovated Petaling Jaya court complex, to evade photographers.

Police light strike force personnel were present behind the court complex maintain security.

Navidran was attached to Taipan but has since been transferred to the Shah Alam Police Contingent Headquarters.

Gobind: Legalising police brutality

kugan court case 011009 gobind singh.jpgGobind (left), when met outside the court, said he and his client's family were disappointed that the other policemen who had been involved are not facing any prosecution.

"I will write to the Attorney General to seek a clarification why others who allegedly were involved in the beating were not charged, just one. I do not find the Attorney General's explanation convincing.

"You cannot imagine the suffering that Kugan went through in his ordeal under the hands of these men who were trying to extract a confession. I also do not believe this is the work of one person," he said.

Gobind who is also Puchong MP objected to Section 330 and 331 of the Penal Code, as it seems to be legalising police brutality in extracting confessions.

He said this has to stop as innocent people are being killed with such harsh interrogation tactics.

"I will bring this matter up in parliament for the MPs to deliberate the reviewing of the two sections," he said.

Gobind said the prosecutors should have charged Navindran with murder and not a lesser charge.

"Why not charge him with murder and let the court decide whether to move to a lesser charge?," he asked.

No murder charge

Attorney-general Abdul Gani Patail in a press statement yesterday said Navindran was to be charged under Section 331 of the Penal Code for voluntarily causing grievous hurt to extort confession from the deceased and alternatively Section 330 for voluntarily causing hurt to extort a confession from him.

lingam tape panel meeting 031007 abdul gani patailAccording to Abdul Gani (right), out of 92 witnesses questioned by the police, four identified Navindran as the one who had inflicted the injuries on Kugan on those occasions.

"On both occasions, the suspect was said to have beaten the deceased with a rubber hose and four days later Kugan met his death," he said.

Abdul Gani also took pains to explain why Navindran was not charged with murder.

"There is no evidence that the deceased suffered instant death. Instead, the deceased died four days after the alleged beating.

"Therefore, there was a wide gap in between and a charge of murder could not be preferred against the suspect.

"The finding of the medical report did not show that the deceased died due to the injuries suffered by him. But the result of acute myocarditis, a viral infection of the heart," he said.

Kugan died on Jan 20 at the USJ Taipan police station, five days after he was arrested.

Malaysiakini, was among the first media which highlighted the incident, resulting in a public outcry.

Kugan's grandmother G Muthama, 62, said she cried daily haunted by the memory of the manner in which her grandson had died.

'The law is dead'

kugan court case 011009 grandma g muthamai 2.jpgMuthama (left) said putting up the RM10,000 bail money was nothing compared to the loss of a life.

"The police are supposed to protect the people and now we see them beating others to extort confessions. How can this be? What sort of police and government do we have?" asked Muthama.

"What about the rest of the policemen who took part in the beatings why are they not charged? I want to see all of them charged with 302 (murder) and not this."

Kugan's auntie S Renuka, 31, also questioned the high handed police action in arresting him.

"They arrested him on allegations of car theft. However, after six months and Kugan's death, they said there is no case against him.

"To make matters worse, Kugan's valuables including jewellery kept in his car and also his pants and shirt are all missing."

"How can we be satisfied as we had lost a loved one and only one person is charged," Renuka said.

N Indra, who is Kugan's mother was also present but did not speak to the press.

MS Mahendran, 47, another uncle of Kugan's, remarked sarcastically that this was the 1Malaysia called by the country's leaders.

"If this was truly 1Malaysia, they should be fair to everyone. We are also human but why is the law not acting for us in seeking justice for Kugan. The law is dead."

Passport bungle: Waytha rubbishes Hisham's claims - Malaysiakini

Hindraf leader P Waythamoorthy today rubbished Home Minister Hishammuddin Hussein's denial that the Putrajaya administration revoked his international passport.

The London-based activist also denied Hishammuddin's claim that he had surrendered his passport to the Malaysian high commission in Britain.

He slammed Hishammuddin for allegedly parroting lies spread by the previous home minister Syed Hamid Albar that his passport was not revoked.

NONEWaythamoorthy said he has two official letters from the British Home Office to prove the cancellation of his valid passport.

He said the British Home Office had submitted to his London solicitor a written letter confirming that his international passport was revoked by the Malaysian government on April 21, 2008.

Waythamoorthy added the matter was raised at the British high commission in Kuala Lumpur and the British immigration acted upon that communication and refused him exit via Gatwick airport.

"On April 21, the day it was confirmed that my passport was revoked, the home office withheld and impounded my passport upon request by the Malaysian government," he said.

He said upon receiving the confirmation letter from the home office, his solicitor - Imran Khan and Solicitors - had written a letter to the Malaysian high commission seeking answers for the sudden and unexpected revocation of his valid passport.

Passport 'foolishly sent to lawyer'

The solicitor's legal letter (letter before action or letter of demand in Malaysia) to the home office was sent in view of initiating a British court action against the Malaysian government.

Waythamoorthy said the Malaysian high commission however failed to reply and explain professionally the questions that were raised in the letter of demand.

Instead, he said the high commission acted foolishly by dispatching his passport to his solicitor's office.

The high commission, said Waythamoorthy, had delivered the document by hand, perhaps thinking it would end the matter and stop him from instituting legal action against the Putrajaya administration.

Shocked by the Malaysian government's action in returning the passport, his solicitor then sent it back to the high commission office.

He said the solicitor had enclosed a covering letter seeking answers, explanations and an apology from the Malaysian high commissioner over the matter.

"The Malaysian government's action of re-sending my passport through the back door after revoking it was an act of cowardice of the highest order.

"The Putrajaya administration cowardly did it to avoid responsibility and accountability because the then home minister knew he had bungled up the matter. Thus I was made the country's first political refugee in Britain by the Umno government," he said.

Detrimental to diplomatic ties


Waythamoorthy said he was not pursuing any legal action on the matter yet because he does not wish to embarrass the Malaysian government "for all its lies".

He said it would also affect the diplomatic relations between London and Putrajaya.

He challenged Hishammuddin to confirm that the Malaysian government did not revoke his passport and that the British government had lied.

"Hishammuddin should confirm that the British government lied to me when the London Home Office told me that the Malaysian government had conveyed the information on the cancellation of my passport to its high commission in Malaysia and sought the return of my passport.

"Would he be agreeable to choose London as the forum of convenience for my civil suit against the Malaysian and British governments?" he asked.

A. Kugan’s murder in police lock up but no prosecution for murder. Sack AG and IGP

Re: A. Kugan’s murder in police lock up but no prosecution for murder. Sack AG and IGP.

We refer to the above matter and wish to bring to your goodselves kind attention of the following items which has been brought to our attention for onward transmission to your goodselves as the general public concerns:-

1) Prosecute all the police murderers in Kugan’s case for murder and not limiting it to V. Navindren alone.

2) Prosecute also the four of the police personnel who had witnessed Kugan being beaten up for aiding and abetting the murder as they have up to date failed to lodge a police report upon witnessing the crime.

3) Prosecute all 21 police personnel who had had contact with Kugan in police detention for aiding and abetting the murder (Refer NST 1/10/09 at page 4)

4) Prosecute the Investigating Officer ASP Mohd Marzukhi Mohd Mokhtar for aiding and abetting the cover up of this murder.

5) Prosecute pathologist Dr. Abdul Karim Tajuddin for fabricating evidence and covering up for the police in this Kugan’s murder. It is because of Pathologists and doctors like this that has encouraged the police to take the law into their own hands over the years and resulting in hundreds of such custodial deaths and assaults in police custody getting away scot-free.

6) Prosecute the Director General of the Health Ministry Tan Sri Ismail Mercian for covering up for the police in this Kugan’s murder in the Malaysian Medical Council Independent Investigation Committee.

7) Why only RM10,000 bail and V. Navindren’s International passport was not impounded for a murderer when it was RM50,000.00 bail and passport impounded in P. Uthayakumar’s Sedition charge, the Attorney General making a personal appearance and objecting to bail for mere Seditious words uttered which maximum fine is a mere RM5,000.00 (but bail at ten times the maximum fine was imposed) (Note: Karpal Singh’s bail for a similar Sedition charge drew only a bail of a mere RM2,000.00 and his passport was not impounded).

8) After all, 31 Hindraf peaceful assemblers at Batu Caves were charged for the attempted murder of one policeman who “allegedly” suffered a head injury. Further Attorney General Tan Sri Gani Patail again appeared in person to oppose and bail was indeed denied to all 31. Why a different rule and standards when it is the other way round and involving real police murderers, criminals, pathologist and the Secretary General of the Health Ministry? This is in direct violation of Article 8 of the Federal Constitution which guarantees Equality before the law and equal protection under the law.

Since our Police Watch and Human Rights Committee Memorandum “Assault and death of Tharma Rajen A/L Subramaniam (19) and hundreds of others in police custody. Are we heading towards a police state? dated 01/07/02’, we have even recorded one death in police custody in every two weeks Refer Malaysian Indian Minority and Human Rights Violations Annual Report 2008 to Pravasi Bharathiya Divas International Conference at Chennai, India 7th – 9th January 2009 at page 13 and 14 and thereafter leading to amongst others this brutal murder of A. Kugan.

In the circumstances and in the light of the ever alarmingly increasing crime rate in Malaysia, injustices, bioused, vindictive and malicious arrest detention and prosecution, failure in uploading law and order we now call upon the Attorney General and the Inspector General of Police to be sacked forthwith by your goodselves.

Kindly direct the necessary prosecution and action and revert to us accordingly.

Thank you.

Your faithfully,

Thursday, October 1, 2009

“Bioused Judge,” “take the whole day” to uthaya (for one A4 page)

The “Bioused Judge” in the ethnic cleansing trial after persistently and insistently wanting to proceed with the trial “at any cost” then told off P.Uthayakumar that he could take the whole day to look at the first one A4 page document. P. Uthayakumar in turn told this “bioused Judge” that she cannot utter those words. That was why he had on many occasions since Monday asked her to recuse herself from hearing the matter. Uthaya said “had this been England the Judge would have discharged herself from the onset”. Uthaya said Justice must not only be done but must manifestly and undoubtedly be seen to be done. And that the public in the public gallery and through the media was “seeing justice being done”. This “bioused Judge” appeared not to be perturbed and said she would proceed anyway. To this Uthaya replied that he was not frightened of UMNO’s jail as he had already served almost 1 ½ years of jail under the ISA and had no regrets. And UMNO is now prosecuting him for the offence he had already served sentence for ie the 1 ½ years ISA jail. This “bioused Judge” said Uthaya has to go to a different forum. Uthaya replied that he has to make his point in this court as if he does not get Justice in a court of law he will never get it anywhere else in Malaysia. He is also prepared to be disbarred from contesting in the next general elections when convicted but would continue his struggle and that the disbarring would not stop him but further fuel his human rights strunggle. In open court he said that this a politically motivated prosecution by UMNO in collaboration with and the Attorney General who was misusing his prosecution powers by instituting this vindictive prosecution under UMNO’s instructions.

At the beginning of this trial despite informing this “bioused Judge” that an appeal has been filed with the Court of Appeal to recuse this Judge and an appeal also for an interim stay of proceedings at the Sessions Court and that an urgent hearing date may be given this afternoon, this “bioused Judge” once again insisted and persisted in proceeding with the trial and called in the first witness, a senior police officer to start testifying. This is unprecedented and despite being brought to her attention that even two days ago in the Teoh Beng Hock case the Magistrets Court had waited for the Court of Appeal’s decision for a stay of proceedings before proceeding with the Magistrets Court proceedings this “boused Judge” went on with the trial irrespective. So much for Justice for a Human Rights Lawyer in the dock. The matter was then adjourned to 15/10/09. P. Uthayakumar’s Lawyers are N. Surendran and M.Manogar.

Buah Pala, RM600,000.00 bluff by DAP

Kg. Buah Pala: DAP’s Bagan Pinang by election latest political gimmick Kg. Buah Pala residents to get a “RM600,000.00 house” on the front page and in colour in Tamil Daily Malaysian Nanban 26/9/09 front page. Kapitan China Lim Guan Eng is seen shaking his bare “kosong” hands with some of the working class residents. Up to date this supposed RM600,000.00 house is not in writing or in black and white. This scene is supplemented by a resident shedding “tears of joy” and ably witnessed by the Penang Indian Mandore DCM II. (Comment by Samy)

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