Friday, July 17, 2009

HINDRAF – IS MACC another PDRM in making?

HINDRAF is appalled at the death of the young Malaysian Teoh Beng Hock while being in custody of the MACC.

Is it rather unorthodox and unbecoming that a witness needs to be interrogated from 5pm to 3.45 am. He is only a witness not a suspect. UMNO led BN seems to have added another public institution ie the MACC as the public’s tormentor along side the PDRM. The sole responsible of the Anti Corruption agency is to investigate and procure evidence, not to act as the executor.

HINDRAF condemns MACC for its ruthlessness towards innocent Malaysian citizens under the protection of the Machiavellian UMNO led government to protect their own nepotism, cronyism and corrupt practice against public interest and benefit.

MACC was wholly responsible for the safety of the late Teoh Beng Hock as he was in their custody. HINDRAF holds them solely responsible for his death similar to what happened to Kugan & Gnanapragasam who died in police custody recently.

MACC has such wide unwritten power to hold the public at ransom similar to what PDRM has been practicing under the UMNO led BN regime. This has to stop as HINDRAF does not want the government to create another monster against public interest in the form of the MACC.

HINDRAF urges the public to unite irrespective of race, religion or colour and pressure the government to run a full fledge independent investigation on MACC for the ill-fated death of Teoh Beng Hock.

HINDRAF will extend its support to ensure that justice is served in unraveling the truth behind the suspicious death of Teoh Beng Hock. We call upon the AG to immediately order an inquest to be held to preserve crucial and relevant evidences before a cover up by both the MACC and PDRM whom the public has lost confidence in.

Lastly, HINDRAF would like to extend our condolences to the family of Teoh Beng Hock as we mourn together on the tragedy that has befallen to a fellow Malaysian.

P.Waythamoorthy

HINDRAF – Chairman

Lawyer lodges police report against Guan Eng

The Sun
by Bernard Cheah

GEORGE TOWN (July 16, 2009) : A lawyer has lodged a police report against Chief Minister Lim Guan Eng for allegedly denigrating and insulting him and his religion, Islam.

Darshan Singh a/l Joginder Singh, who is the legal adviser of the Kampung Buah Pala Residents’ Association, said that Lim’s statement, which was reported recently in Chinese daily Sin Chew Jit Poh (on July11) and theSun (on July15) were personal attacks on him and was ‘kurang ajar’ (rude).

“Lim has insulted hundreds of Chinese, Indians and other converts who retain their pre-conversion names for social and personal reasons. He is hitting below the belt,” he said in a report lodged George Town District Police Headquarters today.

“He is trying to separate the Kampung Buah Pala residents who are mostly Hindus from me. This is diabolical,” he said, adding that Lim is “not fit to be the Chief Minister for many other reasons too.”

Darshan has called on the police to investigate the case under Section 4(1) and Section 298(a) Sedition Act 1948 and Section 298 Penal Code for turning the issue into a racial and religious one.

“He and others of his ilk had in the past begun a campaign against Islam with slogans like ‘No to Islam State’, and ‘Islam over my dead body’,” he added.

Darshan has called on PAS and DAP to take disciplinary action against Lim who is DAP Secretary-General.

High Chaparral: Kampung Buah Pala: Residents' Applications Dismissed With Costs

PENANG, July 16 (Bernama) -- The High Court here dismissed with costs an application by five Kampung Buah Pala residents to set aside a writ granting the ownership of a piece of land in the area to Koperasi Pegawai Kerajaaan Negeri Pulau Pinang Bhd.

The court also dismissed with costs the residents' application for a stay of execution of the writ.

High Court Registrar Ahmad Hidayat Md Nor read out the verdict in chamber.

The residents' lawyer Darshan Singh Khaira told reporters later that he would file an appeal on Monday against the eviction order on the 23 families in the village.

Karin Lim Ai Ching, who represented the cooperative and developer Nusmetro Ventures (P) Sdn Bhd, said bailiffs would enforce the eviction order on Aug 3.

Earlier, Darshan filed a summons on behalf of six residents seeking to declare any agreement and transfer of ownership of the land among eight parties null and void.

The eight parties are the personal representative of David Brown and Helen Margaret Brown's estate, the state government, federal land commissioner, Malaysian government, Koperasi Pegawai Kerajaaan Negeri Pulau Pinang Bhd, Nusmetro Ventures, Seri Delima assemblyman R.S.N. Rayer and Deputy Chief Minister P. Ramasamy.

The villagers have named them as defendants in the suit.

Thursday, July 16, 2009

Guan Eng on Buah Pala and Bukit Cina - see any difference

Politicians will always be politicians. They can say anything that suits their purpose for the moment and then switch wily nily when the tables turn. See what Guan had to say about the Bukit Cina and compare with what he is doing with Kampung Buah Pala. This was in a speech titled:

‘Vision 2020 Of Malaysia Being A Developed Nation Will Be Not Succeed If There Is No Clean Government, No Balanced Growth, No Human Resource Development And No Equitable Distribution Of Economic Benefits’

At The Save Bukit Cina 20th Anniversary Dinner on Nov 28, 2004

He said “…..(Malacca, Sunday): DAP’s success in saving Bukit China from being demolished by the then BN and MCA in 1984 shows the importance of preserving important cultural and historical heritage over development projects for the sake of private gain. Both BN and MCA saw only ringgit signs when they proposed leveling the oldest Chinese cemetery in Malaysia to build houses, shophouses and shopping complexes.”

Our comment: See the hypocricy in his words. What we are now saying about Kampong Buah Pala and about the move to level the only remaining Indian Heritage Village in Penang is that it is a heritage location and must remain so for all of posterity . But does he care. He seems to be more interested in pleasing his investor benefactors all in the name of the ringgit signs he talks about..

He continues “…..Unlike BN and MCA may see ringgit signs in the largest piece of available land in the centre of Melaka town, DAP and the people of Melaka saw 3 important links in preserving Bukit China namely:

· cultural and historical heritage not only for the Chinese community but also as an important mark of friendship between Chinese and Malays when Princess Hang Li Po married the Melaka Sultan;

· environment heritage in providing a green lung that made Melaka a more natural and livable area for resident apart from helping to maintaine its historical atmosphere; and

· an important tourist site that attracted foreign tourists and revenue helping Melaka’s economy.

Our comment : So is Penang different from Melaka that the logic does not apply, or is it because it is Indian heritage and the logic does not apply because the Indians are too powerless to matter, or it is because he is now Chief minister and the logic does not apply any more. Everything of what he said about Bukit Cina applies to Kampung Buah Pala but that does not matter anymore.

In that same speech he goes on to say “…It is indeed shocking how UMNO Kota Melaka can be allowed to owe quit rent for 25 years of RM 83,701.15 and UMNO Jasin allowed to owe cukai pintu for 18 years of RM 83,701.15 without any action taken. In contrast there have been cases where private landowners who owe only 2 years in quit rent have their land confiscated by the state government. UMNO and MCA should be ashamed for not respecting the law even though they are the government..”

Our comment: We are saying that there is fraud involved in the sale of land not owned by Penang State to a private developer. But he chooses to totally ignore this point as it will instantly make the sale null and void. This will turn the whole picture around – something he is showing clearly he does not want to do now. Which bigwig is he trying to protect like UMNO in Melaka? Guan Eng should be ashamed for not respecting the law even though he is the government, by not taking action on such fraudulent activity within his Government.There seems to be a very clever and silent conspiracy involved in this multimillion ringgit deal - between some bigwig developer, The State administrators through their cooperative and guan Eng.

All his arguments that he cannot do anything other than pay compensation to the Villagers do not hold water as he is nowhere near exhausting all the options available. He has held his position steadfastly reiterating like a parrot that he could not do anything against a federal court order, as if that was what we are asking him to do. He is playing very dumb here. This is a very well disguised dumbness for all I care.

His argument that this sale will affect investor confidence is utter nonsense as the instability that will be caused by any move to raze the village is much much more and he full well knows that, which is why he is in such a hurry to sweep the problem away, by teasing the Villagers and offering the Villagers compensation for their land.

His argument about the precedence this will create is just more rubbish – this is the kind of precedence any government will want to set, which touts Competency, Transparency and Accountability as its operating philosophy.

He says this will create precedence for other people who have been cheated off their land to lay legitimate claim of ownership to the land and cause trouble for developers and investors in the process. In the first place he won the Chief Ministership on the promise that he will champion the people's cause against such treachery. But what do we get, more old wine in new bottles.

In summary, Guan Eng should stop his antics ,should stop trying to fool the people and come clean and save the village or he and his DAP will face the same ignominous doom as UMNO. He is failing the people miserably with these antics. we expected a more erudite democrat when we elected him, but what we have is just more of the same crap that we tried to replace in the last elections.

The people will ultimately triumph.

Read the full text of his speech here:

http://www.dapmalaysia.org/all-archive/English/2004/nov04/lge/lge041.htm

High (Rashid) Chaparral

A video clip from Citizen Journalist Chan Li Lian (5x Mom):


Source: YouTube
Some 20,000 copies of the (BN-Umno ex-DCM) Rashid's officiating of the sale of the High Chaparral site has been ordered for local distribution to provide a perspective as to who sold off the Kg Buah Pala residents' rights.

Wednesday, July 15, 2009

NOW SUARA KEADILAN SPINS LIKE UMNO IN KG BUAH PALA ISSUE

By Tan Mei Ling - reported in Malaysia today

I am a Malaysian from a middle class family. I have been following this issue on Kg Buah Pala and see the injustice that has happened to them.

I didn’t even know about the existence of Kg Buah Pala and the trouble they were in until HINDRAF highlighted the whole issue and I am sure many Malaysians too. Thereafter, I have been following various sites and blogs to uncover what actually happened to this fellow Malaysians of ours.

There are many write ups by people from different parts of the society and when I see the comments written by Malaysians, I am actually shocked. Here, until about two weeks ago many did not even have an opinion until the whole thing was brought to light by HINDRAF and today everyone is a loyar buruk.

Some of the comments are so pathetic that it runs down on racial lines and condemns HINDRAF and even those residents of Kg Buah Pala of being selfish, arrogant and hostile against the state government.

For them it is either viewing HINDRAF as racist or jumping boat or the Kg Buah Pala people are so insignificant but never the fault of the beloved DAP government although the truth is the state government screwed up in this matter.

I fail to see why our views are so narrow and side tracked, when you all know that DAP had screwed themselves so badly in this Kg Bala issue. Everything about Kg Buah Pala is revolved with an obsession that the state government never faulted in handling this matter but it is HINDRAF and Kg Buah Pala residents who are at fault for their own benefits and of course the previous government.

I wonder how liberated is our mind in Malaysia when obsession with half truth overrides the truth and the inaction on the part of the government for the spin created by the Penang state government to sweep it under the carpet. Isn’t this the same thing that BN has been doing for the last 52 years and it appears the role has reversed itself in Penang with DAP?

Nobody seems to take the trouble to understand the truth but continue to make assumption that this must be because Lim Guan Eng says so. Lim Guan Eng must be the Mahathir of Penang, because for 22 years, nobody did anything about him nor questioned him and even if you were to do that you will be totally squashed or his spin masters will do the job for him.

The latest spin by Suara Keadilan is a classic tale of the forgotten truth but a spin that is so biased and self reflective of the similar mold that resembles our very own BN. Sadly our Malaysians will continue to fall prey to this tactics when the truth is highlighted by HINDRAF on the plight of the Kg Buah Pala residents, they would rather blindly run into a conclusion without a thought for the truth but how rightful the mighty state government have been in playing the spinmaster’s role. I guess we deserve the government that we chose.

Sure, go ahead, I must be from the other side trying to stir the pot, being paid off, offered a position, maybe a Datukship, all for money even if I were to tell you that I am just a normal, average person who sees the truth. Malaysians “Mah”. So sure, so real, so correct always, never wrong, always just and fair just like Lim Guan Eng with the Kg Buah Pala residents.

High Chaparral: Gerakan bears more of the blame - Malaysiakini

I refer to Malaysiakini report 'Hindraf hails revelation but questions remain'.

Penang Chief Minister Lim Guan Eng should be commended for revealing events leading to the sale of Kampung Buah Pala but I am puzzled by the fact that he endorsed the sale three weeks after he came to office.

He has a lot to explain to the public why didn't he used his new found power to block the sale. It is very disturbing in view of the fact that he is a strong advocate of a clean governance with utmost care to transparency in whatever dealings. I am sure this is disappointing not only to Hindraf but most of DAP supporters.

At the same time, leaders of previous government cannot be absolved from this blunder. In fact Koh Tsu Koon and his officers should bear a bigger portion of the blame.

Thus, if he truly wants to help solve the problem, he should come back to Penang to help out. He should not be shouting from Putrajaya telling Lim to make good his election promise knowing that the problem is an offshoot from his administration.

Now that the dealings had been laid bare for all to see, let us hope that Lim can solved the problem to the satisfaction of the villagers

Why is Lim Guan Eng resorting to these treacherous antics?

Dengan segala hormatnya.jpg
Dengan segala hormatnya.jpg
Tan Kok Ping's Statement.jpg
Tan Kok Ping's Statement.jpg
Tan Kok Ping's Statement page 2.jpg
Tan Kok Ping's Statement page 2.jpg

Guan Eng is calling for a "heart-to-heart" talk with the Kampung Buah Pala Villagers using this unsigned note of invitation. What is happening????.

Is there any sincerity in all of this or is it just another ploy to cheat the simple people of Kampung Buah Pala..

This is totally unbecoming of a Chief Minister , let alone a Pakatan Chief Minister. Guan Eng is no different than the UMNO/BN types.

On top of that see what Tan Kok Ping a leading Developer in Penang is saying in his press statement - everything that Guan Eng has been saying including the lie about the RM 200,000 offer. What is Tan Kok Ping's interest in all of this? Is Guan Eng in cahoots with Tan Kok Ping - Guan Eng's game is clear, he is no friend of the people, he is a friend of the developers and all the other moneybags in Penang. He only needs the votes - then it is bye bye like all the other politicians - no difference.No difference at all.

This is getting to be truly exasperating.

Tuesday, July 14, 2009

Guan Eng to meet Kg Buah Pala residents on July 16

Guan Eng with Sugumaran (R) at DEwan Sri Pinang yesterday. - Bernama pic

PENANG, July 14 — In a move to nip the Kampung Buah Pala issue from brewing further, Penang chief minister Lim Guan Eng has agreed to meet the residents in two days time.

The meeting came about after the residents, comprising 23 cowherd families in what is dubbed Penang’s High Chapparal, apologised to Guan Eng for misunderstandings in their effort to stop their eviction.

Kampung Buah Pala Residents Association chairman M. Sugumaran extended the apology to Guan Eng in a brief meeting at the Dewan Sri Pinang.

“On behalf of the residents of Kampung Lorong Buah Pala, I wish to extend our apologies to the Chief Minister for what had transpired in recent times and we hope the Chief Minister will accept our apologies,” Sugumaran said.

The first-term Penang chief minister accepted the apology, telling The Malaysian Insider that he would meet the residents as it is the residents’ right if they want to meet with him, as he is also their state leader.

“What is important now is how we can work together to resolve this whole situation. Sugumaran has agreed to arrange a heart-to-heart talk between us and the affected families this Thursday at 8pm,” he said, adding each family can send a representative for the meeting.

The Kampung Lorong Buah Pala residents are hoping to stay on in the village despite the Federal Court judgment that they have no rights to the land and ordering them to vacate it without getting compensation.

They want the Penang government to solve the issue by acquiring the land, which the previous Barisan Nasional (BN) government sold for RM3 million to the state officers’ cooperative.

They claim Pakatan Rakyat (PR) leaders have promised to save the village in last year’s election campaign, attracting the outlawed Hindraf to demand the village be saved or the opposition coalition will lose Indian support and George Town its Unesco’s heritage city status.

Penang has since de-classified the minutes of all state executive council meetings held by the previous state government that are related to the transfer of the land ownership to Koperasi Pegawai Kerajaan Pulau Pinang Bhd and developer Nusmetro., which is promoting a RM150 million project on the site.

The residents had wanted to meet Guan Eng previously but he had refused if lawyers or Hindraf leaders joined the delegation. - The Malaysian Insider

Darshan's our only legal rep, say High Chaparral residents - Malaysiakini

Kampung Buah Pala residents overwhelmingly decided that their representatives would be accompanied by lawyer Darshan Singh Khaira when attending Thursday's meeting with the Penang Chief Minister.

In announcing this on Monday night, M Sugumaran (below), the Kampung Buah Pala residents association chief, effectively retracted a statement made hours earlier, in which he said Darshan Singh was not the villagers' legal representative.

Sugumaran's about turn may not go down well with state government legislators. The DAP-dominated government has been against the presence of Darshan ever since the villagers appointed him as their legal representative earlier this month.

Apart from Darshan and Sugumaran, four other committee members - vice chairperson N Arumugam secretary Stephen J Draviam, assistant secretary C Tharmaraj Sugumaran and assistant treasurer M Pasu - will now represent the villagers at the meeting.

After a fiery one-hour meeting on Monday night, the villagers also chose three non-committee members to attend the meeting as observers. Thursday's meeting will be held at 8pm at Chief Minister Lim Guan Eng's office at Level 28, Komtar.

Statement made under duress

Sugumaran came under fire from the villagers for meeting Lim earlier on Monday afternoon, apparently arranged by Seri Delima assemblyperson RSN Rayer.

Sugumaran explained he went to meet Lim at Dewan Sri Pinang at 1.30pm to fix an appointment for the Chief Minister to have a heart-to-heart talk with villagers to resolve the 'High Chaparral' crisis.

He told the villagers that he had gone to meet Lim because he wanted to erase public notion that the villagers were arrogant enough not to meet the Chief Minister until now.

After the meeting with villagers, Sugumaran made the retraction and claimed that his earlier statement was made under duress. He said he was overwhelmed by the presence of government leaders at the brief meeting with Lim (right).

"I have to admit I had made the statement under pressure. I have made a mistake by saying that Darshan Singh was not the villagers' legal counsel. Darshan Singh is the villagers' sole lawyer," he said.

Sugumaran has earlier given his word to Lim that the villagers would not bring their lawyer, Darshan Singh to Thursday's meeting.

Darshan our man at all meetings

He also apparently broke a gag order imposed by the association's committee members on themselves that "no villager should meet state government leaders without the committee's prior consent or knowledge."

The committee had also decided that they will always bring along their legal adviser Darshan Singh to any meeting with the state government officials.

A proposed similar meeting last Wednesday was aborted when the state government refused to allow Darshan (left) to accompany the villagers.

Kampung Buah Pala villagers face eviction after Aug 3 to pave way for a lucrative condominium project called Oasis.

The developer Nusmetro Venture (P) Sdn Bhd issued a notice of eviction on July 2.

Kampung Buah is also fondly addressed by locals as 'Tamil High Chaparral' for its populace of cowherds, cattle, goats, other livestocks and lively Tamil cultural features.

It's the last remaining Indian traditional village in the state, which many civil societies and even politicians want preserved as a state heritage.

Monday, July 13, 2009

Buah Pala folks above politics

By SV Singam

The land now called Kampung Buah Pala was occupied by settlers for more than 200 years. Some 150 years ago, David Brown, who then owned the coconut plantation there, gave the land to the settlers for them to continue their farming activity.

A written document exists to prove this. After Brown had returned to Britain, the state government took over the land and proceeded to collect annual temporary occupation licence (TOL) rent from the villagers.

In 1999, the villagers applied for the land to be gazetted as heritage land but the then BN government dragged its feet over the matter and failed (or refused) to take any firm action.

I have no idea how many people were privy to the fact that a developer called Nusmetro Ventures had a plan to develop condominiums on the land occupied by Kampung Buah Pala.

I have no idea as well when the project was launched but I do know that as early as December 2007, even before any land transfer had taken place, prospective buyers were already discussing the launching price and putting down deposits.

In retrospect, it appears that the BN government had no intention of gazetting Kampung Buah Pala as heritage land. Instead, the land was to be sold to a developer to build the condominium project. In the process, BN cronies, including senior state government servants, were to make fat profits.

At the time of campaigning for the general election last year, residents of Kampung Buah Pala claimed that they highlighted their problem to the Pakatan Rakyat candidates who promised to solve the problem if they won the elections.

I have not seen any recorded evidence of the Pakatan Rakyat candidates making that promise but I find it quite believable simply because at that time the DAP did not expect to win outright.

After the Pakatan took over the state government, the plotters behind the scheme had a problem. People within the government administration would lose the lucrative profit they were expecting to make. The crony developer would lose a lot of money already spent on launching the project. Buyers of the condo units would only get partial refunds because lawyers' fees and so on would not be returned.

They would stand to lose lots of money. It was a real mess that the plotters had to clear up, which they did.

Three weeks after Pakatan took control of Penang, the Kampung Buah Pala land was quietly transferred to the Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang for them to sell to Nusmetro Ventures, right under Chief Minister Lim Guan Eng's nose.

The initial transfer of the land and the subsequent sale of it took place after the Pakatan government had come into power. They could have stopped it if they had wanted to but had it been stopped, they would have to face the wrath of the buyers of the condos.

On the other hand, if the project went through, only the Kampung Buah Pala residents would be affected.

I suspect this is why the state government closed its eyes until it was too late.

The chief minister is now claiming that the developer had offered a compensation of RM200,000 per residence which the settlers had rejected. The truth is the compensation offered was only RM90,000 and this was accepted by only six of the 41 families living there.

The others rejected the offer not because the money was not enough but because they wanted to stay on the land that had been settled on by their ancestors. They needed the land so that they could continue with their livelihood of rearing cows and goats.

The chief minister has the power to acquire the land. Of course he has to compensate the buyer but his claim that he had to pay RM200 per sq ft is ridiculous.

The land acquisition was done under suspect circumstances. The buyer only has to be paid a nominal sum above the purchase price but no one really seems to know what the actual payout would amount to.

What I can see is the unwillingness on the part of the state government to stop the project. I can understand why the chief minister fears to do that. The buyers of that project together with their relatives and friends would constitute a huge voter block. He cannot afford to antagonise them. He may not be corrupt, but he is a politician. He is in power on the votes of his supporters. He is surely beholden to them.

Everyone is lambasting Hindraf for their confrontational attitude. Well, don't forget that the reasonable negotiating attitude that had been adopted for some 10 years, all the way until that point had resulted in utter failure. If Hindraf had not acted as they did, Kampung Buah Pala would be reduced to rubble by now.

Hindraf has won one month for all parties to come out with a fair solution. Let us see if the Penang Pakatan government has what it takes to address this really difficult issue and fix it.

The Pakatan government may not be guilty of any corruption or illegal action but they are guilty of inaction, which has brought grief to the settlers. It is morally wrong to make it seem like the settlers are greedy and are demanding more compensation. All the settlers are asking for is to be left alone to do what they have been doing for more than 200 years.

The right and proper thing to do is to confiscate all profits made from this nefarious project and use that to compensate the affected parties equitably. If the Penang government is unable to do that for whatever reason, they have to do the next best thing in providing a suitable alternative location.

The settlers are not asking for fancy urban homes or money. They just want to be able to continue with their lives and livelihood. Is that too much to ask?

What I recommend is not impossible to do. It only requires a willingness on the part of the state government to prove that they are truly a people's government and not merely a taxpayer's government.

High Chaparral: Hindraf to 'turn the screws' - Malaysiakini

The Hindu Rights Action Force (Hindraf) will step up its pressure in coming weeks on the Penang government to preserve Kampung Buah Pala as a state Indian heritage village.

uthayakumar high chaparral 040709 uthaya speakExpressing disappointment that the state government failed to fulfill any of his three demands outlined last week, Hindraf leader P Uthayakumar said the movement would now turn the screws to compel the Penang government to protect the villagers' interests.

During his visit to Kampung Buah Pala Saturday, Uthayakumar spelled out three actions that the state government must take within a week to save the village, popularly known as 'Tamil High Chaparral'.

His demands were:

• Sign a purchase order to acquire the village land from its current landowner, the Senior Civil Servants Cooperative Society (Koperasi Pegawai-Pegawai Kanan Kerajaan Pulau Pinang).

• Disclose findings of its ongoing investigation into the alleged land scam involving the village.

• Reveal the court order on the dissolution of the legally-constituted Brown Housing Trust, which encompasses Kampung Buah Pala.

"We will now step up our struggle to save the village," Uthayakumar told Malaysiakini today.

However, he declined to reveal Hindraf's next plan of actions.

'CM has overreacted'


Kampung Buah Pala in Gelugor is known as the 'Tamil High Chaparral' due to the existence of cowherds, cattles, goats, other livestocks, and Tamil lively cultural features.

kg buah pala 020709 villagers protest 02The village's 300 residents now face a court eviction order after Aug 2 to pave way for a lucrative condominium project called Oasis.

Oasis' proposed developer Nusmetro Venture (P) Sdn Bhd executive director Thomas Chan has said that the company would demolish and flatten the village after the deadline.

Uthayakumar and his supporters across the country are expected to be at the village on Aug 2 to provide stiff resistance ala a Mexican standoff against the possible 'High Chaparral' demolition.

Chief Minister Lim Guan Eng has said the state government plans to invoke provisions under the National Land Code to stop the developer from demolishing the houses.

However, Uthayakumar remained unconvinced and accused Lim of hiding behind the law to sidestep responsibility to preserve the village.

He reiterated his call on Lim to instead use Section 76 of the NLC read in conjunction with Section 3 of the Land Acquisition Act to acquire the village land from its current owner.

“Lim can end the crisis with just a stroke of a pen … undoubtedly,” he said.

Stressing Hindraf was not racist, he explained that the movement got involved in the crisis because the land dispute touched on social and natural justice.

“Hindraf's struggle was always based on universal human rights, natural and social justice.

“But Lim overreaction to our involvement turned it into a communal issue,” Uthayakumar claimed.

Sunday, July 12, 2009

State Makes Police Report On Kampung Buah Pala Issue

PENANG, July 11 (Bernama) -- The Penang state government on Saturday made a police report regarding the ownership of the land in Kampung Buah Pala, Bukit Gelugor, here.

The report was made by Komtar state assemblyman Ng Wei Aik at the Timur Laut police district headquarters at 1.20pm today.

 kampong Buah Pala
makkal osai


Speaking to reporters later, Ng, who is also the political secretary to Chief Minister Lim Guan Eng, said he wanted the police to investigate in detail the sale of the land.

"This is a big question regarding whether there is anyone having self interest when approving the land sale," he said.

Earlier, the present Penang state government had charged that the previous Barisan Nasional (BN) state government had sold the land cheaply to the Penang Government Officers Cooperative.

"Although the award of the land (to the cooperative) was to replace the site next to Dewan Sri Pinang for an additional court building, we find that the approval was made without reference to the market value reports for both the sites," Ng said.

The Kampung Buah Pala issue arose when the villagers were asked to vacate the land after the Federal Court rejected their appeal to remain there as they had been doing for a long time.

Hindraf hails revelation but questions remain - Malaysiakini

The Hindu Rights Action Force today welcomed the move by the Penang government to declassify certain documents pertaining to the 'Tamil High Chaparral' Kampung Buah Pala crisis.

However, the outlawed movement chairperson P Waythamoorthy said the state government's revelation had raised more questions than answers.

NONEIn releasing the documents, he said the DAP-led state government had accused the previous Gerakan government of alienating and selling the Indian traditional village land in a dubious manner.

“However, why then Chief Minister Lim Guan Eng endorsed its sale three weeks after he took over the state government? Why didn't Lim make an attempt to stop or delay the transaction?” he asked.

Waythamoorthy agreed that based on the documents provided by the state government, it was clear that the land was “robbed by the previous Barisan Nasional administration”.

But he could not understand why the new Pakatan Rakyat government had allowed the allegedly fraudulent transfer to take place after it came to power.

The transfer was executed on March 27, 2008 - 19 days after Pakatan captured Penang in last year's general election.

The London-based Hindraf leader also questioned why Lim had failed to revoke the transaction when he was informed about the matter by the villagers' previous lawyer, Cecil Rajendra.

Gerakan-led government to blame

Based on the declassified documents, Wathamoorthy said Hindraf was not in the slightest doubt that BN under its previous chief minister Koh should be held accountable for the sale of the land.

p waythamoorthyBut Waythamoorthy (right) said there were many unanswered questions pertaining to the allegedly fraudulent land deals.

“How did the land given to the villagers and held on trust by the government was sold to a private landowner – Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang?

“How could a land sold at a discounted RM3.21 million suddenly rocket up to hundreds of millions after the land has been transferred to the cooperative society?

“Why is Lim dragging his feet in finding a permanent solution to the problem - that is to exercise his authority under the Land Acquisition Act?

“Indeed, Lim should erase the delusion that hundreds of millions were involved to acquire the land when the Act states only a reasonable sum of compensation.”

Village demolished if not for Hindraf

Waythamoorthy also urged Lim to stop accusing the villagers of “displaying aggression, hostility and arrogance” for refusing to meet him last Wednesday.

kampung buah pala villagers buy land compensation letter 060709 02He said the residents had made it clear that they wanted to be represented by a lawyer of their choice at the meeting, not one handpicked by Lim.

He also ticked off Lim for insinuating that Hindraf was a BN collaborator.

Hindraf, said Waythamoorthy, was an apolitical movement that does not condone any wrongdoing by the government, whether BN or Pakatan.

He said if not for Hindraf's timely intervention, the village would have been flattened by now.

Monday, July 6, 2009

Lim given one-week ultimatum to save village - Malaysiakini

Hindraf leader P Uthayakumar has given the Penang government a week from today to save Kampung Buah Pala and preserve it as an Indian heritage village in Georgetown.

Uthayakumar, who yesterday visited the embattled village which is to be demolished to make way for a luxury condominium project, spelled out three actions that the Pakatan Rakyat government must take.

  • Sign a purchase order to acquire the village land from its current landowner, the Senior Civil Servants Cooperative Society (Koperasi Pegawai-Pegawai Kanan Kerajaan Pulau Pinang).

  • Disclose findings of its ongoing investigation into the alleged land scam involving the village.

  • Reveal the court order on the dissolution of the legally-constituted Brown Housing Trust, which encompasses Kampung Buah Pala.

uthayakumar high chaparral 040709 uthaya speakSpeaking at a gathering in Kampung Buah Pala, the most famous face of Hindraf has given Chief Minister Lim Guan Eng until next Friday to deliver on those demands.

According to Uthayakumar, a government must get a court order to dissolve a housing trust to take over its land.

“If this was done, then all the valid documents should be in the state land office. The chief minister can reveal them to the public,” he told some 200 villagers, Hindraf supporters, social activists as well as PKR and PAS party members.

uthayakumar high chaparral 040709  mujahid rawaPresent were PAS state deputy chief Mujahid Yusof Rawa (right), PKR Balik Pulau MP Yusmadi Yusoff and the villagers' legal representative, Darshan Singh Khaira.

This is the first time Hindraf, PAS and PKR leaders have come together in a show of solidarity with the villagers. However, no top DAP representative could be spotted at the meeting.

Kampung Buah Pala is known among locals as 'Tamil High Chaparral' because of its population of cowherds, cattles, goats and Tamil traditional cultural features.

Gov't took over land 'given' to villagers

According to the village senior citizens, their ancestors were given free ownership of the land by the Brown Estate Housing Trust before the government turned it into a temporary occupation licence (TOL) settlement after Merdeka in 1957.

uthayakumar high chaparral 040709 crowdThey recalled that their parents, mostly illiterate, were hoodwinked into signing documents by government officers on the pretext of providing water and electricity to the village.

According to them, their parents were duped by the government to terminate their land ownership and turn the land into a TOL village.

In 2005, the state land office unilaterally stopped TOL collections from the villagers in a move to alienate the land under state ownership and it was subsequently sold to the senior civil servants cooperative.

penang kampung buah pala condominium project  macc report  090609 05The cooperative has hired Nusmetro Venture (P) Sdn Bhd to build a few blocks condominiums as part of the Oasis project.

Uthayakumar said Lim can invoke Section 76 of the National Land Code and Section 3 of the Land Acquisition Act to acquire the village land for the people.

He said Lim should sign the purchase order before pointing figures at others over the 'High Chaparral' controversy.

“The chief minister should show his commitment to the people by acquiring the land. Then he can fight with Gerakan, Umno or MIC over the issue, and seek federal money to fund the purchase,” he said.

uthayakumar high chaparral 040709 crowdThe Hindraf leader also pointed out that since Lim boasted about his government's accountability and transparency, he should reveal the ongoing probe on the alleged fraud over the sale of the land.

“It should be done before the demolition on Aug 2, not after it,” said the former Internal Security Act detainee, who plans to be at the village with his supporters on the demolition day.

MP to raise issue in Parliament

Meanwhile, Penang PAS deputy commissioner Mujahid said PAS was committed to preserve the country's heritage regardless of ethnic or religious backgrounds.

“Kampung Buah Pala is a national heritage issue. PAS will back the villagers to preserve it,” said the Parit Buntar MP, adding he would ask party leaders to discuss the issue with Lim.

uthayakumar high chaparral 040709 yusmadiPKR state youth leader Yusmadi (right) said he would raise the village issue at the next parliamentary sitting and question the federal government on whether it was prepared to fund the heritage preservation of Kampung Buah Pala.

Uthayakumar has earlier requested both Mujahid and Yusmadi to table an emergency motion to discuss the issue in Dewan Rakyat.

Yusmadi said he would refer Uthayakumar's call to his party leadership.

Reports lodged against Lim, Koh

Meanwhile, seven individuals today lodged police reports against Chief Minister Lim and his predecessor Koh Tsu Koon over the Kampung Buah Pala land deal.

The reports were all lodged at the Dang Wangi district police headquarters in Kuala Lumpur.

Hindraf coordinator K Selvam told Malaysiakini that the reports urged the police to investigate Lim and Koh to see if there were any wrongdoings in the sale of the village land to the developer.

"These are not police reports lodged by Hindraf. We are merely helping the seven members of public to lodge them," said Selvam.