Friday, October 2, 2009
Kugan's case: Cop charged, pleads not guilty - Malaysiakini
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.
The 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
Gobind (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.
According 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'
Muthama (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
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.
Waythamoorthy 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).
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)
Wednesday, September 30, 2009
Home Ministry says Hindraf man's passport not cancelled
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)
Tuesday, September 29, 2009
A Letter of support for the Hindraf request for debate with 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
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?
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
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.
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.
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.
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.
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.
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:
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.
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 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:
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.Reading his statement, and having seen the events unfold for myself, these are the questions and thoughts that come to my mind:
"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.
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.
Sincerely,
Malaysian Heart
Please read more reports of the event here, here, here and here.
