Archive for the 'Media Statement' Category

10
Aug
09

LGE sanctions fraud against the Kg Buah Pala residents

By P. Waytha Moorthy, HINDRAF Chairman

HINDRAF is appalled by LGE’s continued political drama to see thru injustice for the residents in Kg Buah Pala. Although, he claims and acknowledges that there was fraudulent transaction, yet he blackmails the residents by producing a building plan with unreasonable conditions on August 6, 2009 to comply with it within one day for families that has lived on or about 200 years in the same land.

Why are you sanctioning a fraud when you should have acquired the land and returned what is rightfully belonging to the residents of Kg Buah Pala instead of making a deal and short changing them?

If you look at his press conference read out by his mandore Prof Ramasamy, it is nothing but gloating about the achievement of DAP and condemnation of the fraudulent transaction started by the UMNO led BN and gladly completed by the current government.

If LGE can talk so much about the fraudulent transaction, what did he do about it? He sat by and watched it be completed. When did he appoint an investigation committee to address the transaction when he was well aware of this fraudulent transaction even before he came into the power? Yes, it did not happen until the 1st week of July 2009 and what was the result of the  investigation committee as nothing has been revealed so far.

Was he really serious in assisting those residents with the investigating committee or it just another political game?

Many legal avenues were available for him to pursue the fraudulent transfer of the land starting from March 8, 2008, yet he sat on it hoping that it will pass by for poor and defenceless Kg Buah Pala residents who are insignificant for him as opposed to the Developers and the rich and mighty.

Section 340(2) of the NLC clearly spells out:
The title or interest of any such person or body shall not be indefeasible
(a) in any case of fraud or misrepresentation to which the person or body, or any agent of the person or body, was a party or privy; or
(b) where registration was obtained by forgery, or by means of an insufficient or void instrument; or
(c) where the title or interest was unlawfully acquired by the person or body in the purported exercise of any power or authority conferred by any written law.

Now show us the public what efforts had you undertaken to challenge the fraudulent land transfer other than clamouring that it was KSK’s fraudulent act and you can’t do anything about it. Doesn’t the law provide for such acts? Well you are the CM, you have the power and authority to challenge the transaction yet you positioned yourself with developers against those poor and defenceless Kg Buah Pala residents.

Nowhere does it exist in law that fraud is acceptable, when you yourself claim it is a fraudulent transaction. Is this the example you are setting for the rakyat?

In total you have just sanctioned fraud and acted just like another corrupted UMNO led BN government that is only interested in their own individual welfare as opposed to the public benefit.

Don’t even talk about the so-called $150 million compensation. Let HINDRAF enlighten you, the land was sold for RM3.2 Million and now you claim it is worth RM150 million. That means the price has rocketed to 2,343.75%. That even beats the property hike price of some high-end properties in New York and London before even construction had began. This can only happen in the BOLEHLAND.

Where is the logic that a RM10 per square feet increases by 2,343.75% in 15 months since the project was launched? Mind you if all the land was utilized notwithstanding the basic amenities such as community hall, tennis court, tadika, administration office, clinic, landscape and so forth. Then I guess the price is even higher per square foot.

LGE is definitely sounding like a broken record because we all know the malfeasances and that is why the rakyat elected you to power.

Unfortunately it is very clear that you play the same game that BN plays by blaming everything on BN without addressing the real issue being your inaction and your inability to initiate an action for the fraudulent land transfer against public benefit.

You admit fraud was committed, and then what did you do about it other than playing politics with the residents of Kg Buah Pala at the 11th hour when you have been in power for the last 17 months to initiate proceedings for the fraudulent land transfer.

The latest proposal that you put forward to the residents on behalf of the Developer is so ludicrous.

You think that you have negotiated the best deal for the residents with a gun onto their head. HINDRAF is totally disappointed with your continues drama that only appears to be that you are actually the mouthpiece for the Developer rather than the plight of the Kg Buah Pala residents. Is it reasonable, just and fair that, within one day 41 families needs to make a decision, uproot and move on the unreasonable conditions of the Developer? People at least have choice to make, but what happens to all the innocent animals, sent to the slaughterhouse?

HINDRAF feels LGE is a CM for the Developer and their mouthpiece and not one who has been transparent at least in his dealings with the Kg Buah Pala issue for reasons known best to himself.

HINDRAF feels this is clear hypocrisy on the part of the DAP led Pakatan government in Penang for their lack of political will to safeguard the interest of their citizenry in Kg Buah Pala.

HINDRAF cries with those Kg Buah Pala residents who have been deceived and blackmailed to be deprived from their ancestral homes for a simple reason that with the change and the promises given to them, they had faith in you and your government blindly on the basis of trust that you would be just and fair for the truth in this matter.

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10
Aug
09

Kg Buah Pala: Koperasi and Nusmetro must be more accommodating and reasonable

By P. Ramakrishnan (President, Aliran)

Aliran is glad that there is some kind of offer and an attempt to reach a compromise with the beleaguered residents of Kampung Buah Pala. It is good that the Koperasi and Nusmetro have finally come out with an offer in trying to reach a settlement with the residents. While it is commendable, unfortunately the offer does not go far enough to be acceptable to the residents.

A two-storey house promised in exchange for the roof that they would be losing would seem to be  a reasonable proposal but this proposal is very vague and uncertain because it lacks crucial details, e.g.:

  • There is no guarantee when these houses would be ready for occupation.
  • There is no indication on which part of the land these houses would be located.
  • There is no indication of the cost of these houses.
  • There is no mention whether these houses would be built first to allow the residents to move in at the shortest possible time before the commercial project takes off.
  • There is nothing mentioned regarding the rental that would be incurred when the residents are forced to look for alternative accommodation upon the demolition of their houses.
  • To add to these uncertainties, there is also a condition that states if the amended layout plan to accommodate these houses is rejected by the approving authority, the deal would be off and the residents would not have any hold on the Koperasi and Numestro for any compensation. If this were to happen, the residents would have lost their homes and would be entitled to nothing whatsoever – not even a sen. In that eventuality, they would have been exploited and deprived of everything that they have had on this land: their lives, their homes, their history, their heritage.

In all fairness, these areas of grave concern are legitimate and it is only just that they must be addressed seriously so that the residents’ fears can be laid to rest.

Considering the fact that the Kopersai had obtained the land below market price, it has benefited tremendously and stands to reap huge profits from the land that has been home to these unfortunate residents and their ancestors for nearly 200 years. It would, therefore, be reasonable to expect the Koperasi to be forthcoming and generous in its offer.

Being a Koperasi, it should understand what social justice is, it should be aware that exploitation is wrong and unjust.

It is because of this that Aliran expects the Koperasi to understand fully the dire situation of the residents of Kampung Buah Pala. It is because of this that Aliran expects the Koperasi to act in a humane manner befitting its status and responsibility.

Aliran earnestly hopes that there will be no forced eviction, that there will be no violence tomorrow. There is no need to resort to sledgehammers and bulldozers to evict these helpless residents.

Aliran would like to appeal to the Koperasi to defer the demolition and hope that it would sincerely engage in dialogue with the residents so that a just settlement can be arrived at as soon as possible to the mutual satisfaction of both the parties.

10
Aug
09

Memorandum to SUHAKAM on Himpunan Mansuh ISA

 
By Suaram

The Abolish ISA Movement, or more popularly known in Malay as Gerakan Mansuhkan ISA (GMI) announced on 22 June 2009 that they will be having a mass rally, Himpunan Mansuh ISA, on 1 August 2009 at 2.00pm to call for the abolition of the Internal Security Act 1960 (ISA). GMI has been planning this rally since the beginning of this year.

Prior to the event, GMI informed the police about the public assembly. GMI had requested for the Bar Council Human Rights Committee (BCHRC) and SUHAKAM to send teams to conduct human rights monitoring during the assembly. GMI had also requested for the Legal Aid Centre (LAC) to assist with providing legal representation in the event of arrests of participants. While the BCHRC and LAC agreed to the requests, SUHAKAM denied GMI’s request.

In a letter dated 30 July 2009, SUHAKAM commissioner Dato’ Haji Khalid bin Haji Ibrahim informed GMI that SUHAKAM will not be sending a monitoring team for the assembly on the grounds that the public assembly did not have a permit from the police. The letter ended by reiterating that SUHAKAM supports the principle that the ISA, which allows for detention without trial, violates human rights and should be repealed.

Days leading up to the rally saw the Home Ministry repeatedly warning people against participating in the rally. The Home Minister, Datuk Seri Hishammuddin Tun Hussein, stated that he told the police to take action against those planning to participate in the rally[1]. Consequently, the Home Minister told the Inspector-General of Police Tan Sri Musa Hassan to take stern action against participants of the rally[2]. The Kuala Lumpur Chief Police Officer (CPO) Datuk Mohammad Sabtu stated that roadblocks within the city and at roads leading towards the city will be made two days before the event[3]. These warnings that were made are direct violation of peoples’ right to assemble peacefully as guaranteed under Article 10 of the Federal Constitution of Malaysia.

On 1 August, hours before the time of the assembly, police conducted roadblocks on major roads leading into Kuala Lumpur city. Public transportation such as the Light Rail Transit (LRT) were closed at certain stations such as Masjid Jamek, Pasar Seni and Bandaraya[4]. At 2.00pm, more than 20,000 participants of the Himpunan Mansuh ISA gathered at three different locations in Kuala Lumpur – Sogo, Masjid Jamek and Masjid Negara. The Masjid Jamek and Masjid Negara groups then proceeded to march peacefully to Sogo.

The police were heavy-handed in attempting to disperse the protestors. The Federal Reserve Unit (FRU) tried to disperse the crowd with excessive use of tear gas and water cannons. Unlike previous use of water cannon to disperse protestors, the chemical-laced water that was used in the water cannon during the rally contained chemicals that severely stung the eyes and skin of the protestors, an indication of possible high dosage of chemicals. It was reported that at least 75 rounds of tear gas were fired at Sogo[5].

In addition, tear gas and water cannons were used even when the crowd was dispersing. For instance, the crowd that marched to PAS Headquarters from Sogo started to disperse at around 4.30pm. However, the FRU fired tear gas and used water cannons against groups of protestors when they were leaving the location. Shots of tear gas and water cannons also continued at Sogo, Masjid Jamek and Pasar Seni after the crowd had dispersed. Muslim participants in the assembly who wanted to perform prayers at Masjid Jamek after the assembly were prevented from entering the mosque and attacked with more tear gas and water cannon. These sporadic attacks at various locations continued until around 6.00pm.

Other forms of police abuse that occurred during the assembly include tear gas canisters shot directly at participants and at areas crowded with street vendors, shoppers and bystanders. FRU personnel fired tear gas into a weekend street market near Jalan Tunku Abdul. Water cannon were also aimed at onlookers at the 6th floor of Sogo shopping centre. SUARAM has photographic evidence of a tear gas canister that was shot into a car where the canister broke through the windscreen and landed inside the car. Besides that, some individuals were treated roughly or beaten by police personnel during arrests. SUARAM was also informed that members of the press were also abused by police personnel during the assembly.

On the day of the anti-ISA rally, 1 August 2009, as early as 3.40am, 14 members of the Parti Islam Malaysia (PAS) security team, Unit Amal, were arrested. Even a few hours before the time of the assembly, police searched and started arresting individuals who were wearing or carrying anti-ISA shirts at Central Market, Sogo, Masjid Jamek and Masjid Negara. In total, 589 people were arrested on the day of the rally, including 44 children and 40 women[6]. 498 people were released on the same day and 91 were held at Bukit Jalil Police Station.

On 1 August, 13 people including a 16-year-old boy were brought before a magistrate judge for remand hearing. They were all denied legal representation and were remanded for 4 days. Some of the arrested women demanded to see lawyers but were told by a police officer that there were no lawyers present outside the police station. This is a deliberate act of preventing access to legal representation, a clear breach of Section 28 of the Criminal Procedure Code (CPC) and Article 5(3) of the Federal Constitution.

 

The child who was remanded had implicitly been denied legal representation when an order for remand was granted while he was asleep[7]. He was not given the opportunity to seek legal representation. He was detained overnight together with adults at Petaling Police Station, which is a violation of Section 85 of the Child Act 2001 (CA) that requires children to be separated from adults during police custody. The police did not inform his father of the arrest immediately[8], as required under Section 87(a) of the Act.

Another two children, a 16-year-old and 13-year-old, were detained overnight at Petaling Police Station. They were arrested on the afternoon of 1 August, before the assembly began. The children were not given food until lawyers from the Kuala Lumpur Legal Aid Centre (KL LAC) brought food to the police station for them at around 10.00pm. In addition, the 13-year-old child was having a fever but his medical needs were not attended to until 2 August. This deprivation of food and denial of access to medical healthcare is inhuman and violates the principles of fundamental human rights.

In addition, the police have violated Section 19(5) of the CA by failing to notify the Welfare Department of the arrest and subsequent custody of the three children in order to appoint a Welfare Officer to attend to this matter. Subsequently, the Welfare Officers being “Protectors” under Section 18 of the CA, upon being notified by the KL LAC lawyers had refused to be present at the police station to safeguard the interest of the children. This is despicable and amounts to a breach of their administrative duty.

Besides the 14 individuals who were remanded on 1 August, another 77 persons, including 3 children, were detained overnight. On 2 August, remand hearings were conducted for the 77 individuals out of whom 59 people including 8 women and 2 children were released, 17 individuals including 5 women were remanded for 2 days, and 2 individuals were remanded for 3 days.

Many of those arrested were also denied the right to perform their prayers while in custody. This is a blatant transgression of the right to practice religion as guaranteed under Article 11 of the Federal Constitution and Article 18 of the Universal Declaration of Human Rights (UDHR).

On 3 August, 16 individuals were charged for illegal assembly, including one child, and another 13 individuals were charged under the Societies Act for distributing shirts for an unregistered society, Gerakan Mansuhkan ISA[9]. The child was charged in court together with adults, despite objections from lawyers.

The police force have once again misused their power and reacted violently against participants of a peaceful assembly. The Government has failed to see the importance of peaceful public assembly as an integral instrument in strengthening a democratic nation. It is the right of the people as enshrined under Article 10 of the Federal Constitution to freely assemble without restrictions as long as it is peaceful. The use of force, including tear gas and water cannons, to disperse the peaceful assembly was highly unnecessary. The police force has committed many serious human rights violations in the name of maintaining order and security. Amongst the violations committed include denial of the right to peaceful assembly, right to legal representation, child rights, freedom of expression and freedom from torture.

 

Areas of Concern

SUARAM welcomes SUHAKAM’s statement dated 3 August 2009[10], in reaction to the 1 August 2009 events, emphasising on the right to peaceful assembly and reiterating the SUHAKAM position on repealing the ISA in support of the cause of the anti-ISA rally.

However, SUARAM notes with disappointment that SUHAKAM’s call to the police and Government to respect the right to peaceful assembly is belated and contradictory. This is in view of the denial of GMI’s request to SUHAKAM to conduct human rights monitoring during the assembly. SUHAKAM denied the request on the grounds that the assembly was not granted a permit from the police. We recall SUHAKAM’s unequivocal position taken in its public inquiries on the cases of the Kesas Highway incident (2001), the Bloody Sunday incident in KLCC ((2006), as well as the Bandar Mahkota Cheras incident (2008). It is in this vein that SUARAM finds SUHAKAM’s refusal to send an official monitoring team unacceptable. Clearly, the reason provided is in contradiction with SUHAKAM’s past position on public assemblies.

One of the recommendations made in the SUHAKAM Public Inquiry into the Incident at KLCC on 28 May 2006 was that organisers of peaceful assemblies only need to notify the police of the details of the assembly[11]. This recommendation disregards the need for a police permit for peaceful assemblies, a view that is in conformation to the right to peaceful assembly as enshrined in the (UDHR).

Considering the past track records of human rights violations committed by the police during public assemblies, SUHAKAM should have committed to conducting human rights monitoring as requested by the organisers of the rally. The Home Minister and police’s warnings on taking action against participants of the rally in the days leading up to the rally also served as an indication of possible occurrence of human rights violations during the public assembly. SUHAKAM must not only make statements when human rights violations occur during public assemblies but take up a larger role in conducting human rights monitoring.

With regards to the public assembly on 1 August 2009, the following issues and allegations need urgent attention from SUHAKAM:

1.      Misuse of power and violence committed by the police to disperse participants of peaceful assembly, such as,

a.       Excessive use of tear gas and water cannon with chemically-laced water

b.      Inappropriate use of tear gas guns to fire directly at participants of the assembly and bystanders

c.       Arrests were made in a violent manner

d.      Members of the press were beaten by police

e.       Selective arrests were made on those who were wearing or carrying Anti-ISA clothing

f.       All the arrests made were unreasonable and mala fide

 

2.      Violation of the right to freedom to peaceful assembly

a.       Police set up roadblocks in the city and at roads leading into Kuala Lumpur to prevent participants from attending the public assembly

b.      LRT stations near to the gathering points were closed on the day of the rally

c.       Warnings from the Government and police for anyone intending to attend the rally

d.      Search and arrests of individuals before the start of the assembly

e.       Arrests of participants during the rally

 

3.      Violation of the right to legal representation

a.       13 individuals, including a 16-year-old boy was brought before a judge for remand hearing without access to lawyers

b.      A group of women who demanded to see lawyers were deliberately lied to by a police officer who said that there were no lawyers present at the police station. The lawyers were outside the police station at the time.

 

4.      Violation of the rights of children

a.       44 children were arrested on the day of the event, some even before the event began

b.      One child was given a 4 day remand order without legal representation and the police failed to inform his parents or guardian about the arrest. He was detained overnight at Balai Polis Petaling together with adult detainees. He was handcuffed.

c.       Two boys were detained overnight at Balai Polis Petaling and were not given food for at least 8 hours. They were also both handcuffed.

d.      As required in the Child Act 2001, the police did not inform the Welfare Department of the arrests of the children. When informed, the Welfare Officer refused to visit the children.

e.       Malaysia has adequate laws in the Child Act 2001 that provides proper procedures of handing arrests and detention of children. Malaysia has ratified the United Nations Convention on the Rights of the Child (CRC) and is obligated to protect and uphold the rights of the child. However, these incidences indicate a blatant violation of child’s rights.

 

 

Demands

SUARAM is of the view that the misuse of power and the violence committed by the police during this event are very serious and warrant immediate and effective actions to bring those responsible to justice.

Therefore, we urge SUHAKAM to:

1.      Conduct an independent and open inquiry into the abuse of power by the police and the violence committed in the event

2.      Upon conclusion of the inquiry, consider and where applicable, pursue with the Government of Malaysia, justice and disciplinary actions against police and FRU personnel who have committed misuse of power and violence in this event

3.      Presssure the Government to review the Penal Code and Police Act 1967 with the purpose to remove all restrictions on the constitutional and human right to peaceful assembly

4.      SUHAKAM must fulfill its human rights protection mandate by including preemptive actions in situations where human rights violations are expected to occur. We urge SUHAKAM to formulate an early warning mechanism to ensure that concerns of possible human rights violations are addressed adequately and effectively. In particular reference to public assemblies, we urge SUHAKAM to pressure the government to allow peaceful assemblies, facilitate meetings between organisers and the police prior to a public assembly, and monitor these assemblies

5.      In view of the ongoing attacks of human rights defenders as clearly demonstrated by the arrests of hundreds of individuals in this rally, we call on SUHAKAM to clarify the functions and mandates of the human rights defenders desk, which was reported to have been established, and intensify its activities to ensure better protection of human rights defenders in the country.

27
Jul
09

Another DANAHARTA scam revealed

Is DANAHARTA a saviour or robber? How many pieces of property have DANAHARTA taken by force at way below market prices just to be sold to ‘middlemen’ at even lower prices so that they can make a huge profit. You will be surprised to discover how many millionaires and billionaires are created through DANAHARTA.

NO HOLDS BARRED

Raja Petra Kamarudin

DANAHARTA SDN BHD / PROKHAS SDN BHD
Tingkat 9, Bangunan Setia 1
15 Lorong Dungun, Bukit Damansara,
50490 Kuala Lumpur

Attn: Encik Fadzlur Rahman Ebraheem
BY HAND

Dear Sirs,

RE: DISCUSSIONS ON SETTLEMENT ON MARINARA

I refer to your faxed letter dated 20th July 2009 with regards to the discussions on Marinara..

We are very disappointed that the discussions between us have come to nothing. If you had told me that you had already made up your mind on the matter I would not have bothered to discuss the matter at all.

1. Regretfully I do not agree with your contention that “MARINARA has been successfully sold and transferred to the new owner, Danaharta Hartanah Sdn Bhd”. It is a subsidiary of Danaharta and fully owned by Danaharta Nasional Bhd and also controlled by you. Clearly it is conflict of interest.The principal of both these companies is the Minister of Finance.

2. A sale of the property to one of Danaharta’s subsidiaries does not constitute a proper sale as Danaharta  are only custodians of the property which has to be returned to the rightful owner as soon as the shareholders are able to repay the sum owing. It was never the intention of the Danaharta Act to make profit in this manner. As such any surplus on a sale  should be returned to the owners. According to Danaharta’s Board decision made in 2002 it was decided as a matter of policy that there shall no longer be any sale to Danaharta’s subsidiaries but only direct sale to buyers be made as the chances of getting a higher sale price was found to be better.

3. The Danaharta Act clearly states the functions upon taking over a company to which you have not complied. You are supposed to act in the best interests of the shareholders but instead you have acted contrary to the Act. Selling well below the market value is also against decided cases and the Courts will frown on your action in doing so. You are well aware there are two  Court cases pending which has been fixed for trial. We are unable to withhold the legal actions at this stage and will leave it to the lawyers how best to handle these matters.

4. Your claim that we still owe you a sum of RM41.2 million is ridiculous. The fact that Danaharta bought both MARINA SDN BHD and PEKELILING TRIANGLE SDN BHD for only RM35 million should have some bearing on what you are claiming from us. You yourself stated that ” being a Government organization you should not be making profit” is certainly contrary to what you are saying in your letter.

5. Please bear in mind that Pekeliling Triangle Sdn Bhd’s loans were NOT A NON-PERFORMING LOAN at the time of vesting in Danaharta. As such the wrongful freezing of the accounts and the Project would result in our claiming for Liquidated and Ascertained Damages calculated at RM47,000 per day multiplied by 8 years would result in approximately RM 137 million payable by Danaharta and or it’s agents to all Pekeliling Triangle Sdn Bhd’s shareholders.

6. The alleged sale price of RM171million ( objected to by the shareholders right from the beginning) decided on private negotiations between you and the “Receiver” was exceptionally low as the market value by then was RM430 million as at that time the services were all functioning and rented out. There was sabotage and manipulation in the three “tenders”.

7. We deny that we still owe a further sum of RM41.2 million to you. Danaharta. purchased all the assets of Marina Sdn Bhd and Pekeliling Triangle Sdn Bhd for only RM35 million. At the time of acquisition by Danaharta the total sum owing by Pekeliling Triangle Sdn Bhd was only 59 million (37 million principal and RM22 million interest). As it was NOT A NON-PERFORMING LOAN  Danaharta cannot now charge any further interest during the period when Danaharta wrongly took over and froze all the assets since 2001 and refused to allow us to sell the building, contrary to the Loan Documents.

8. MARINA SDN BHD had completed the building at a cost of RM25 million and obtained the Certificate of Completion. In February 2006 a Sale and Purchase Agreement between Marina Sdn Bhd and Pekeliling Triangle Sdn Bhd  was made whereby the building was sold to Marina Sdn Bhd. The sum of RM25 million was agreed to be the deposit to be paid to Pekeliling Triangle Sdn Bhd as a consideration and were accepted by all the shareholders and Directors. You were informed at the meeting we had with you at your office in February 2006 and copies of the Agreement were sent to you and your lawyers. Marina Sdn Bhd was at all times willing and able to pay the balance owing to Danaharta and informed you of the intended redemption.

9. MARINA SDN BHD went to great effort to rent out the building to Embassies and Diplomats and high profile businesses and was already getting a good income. Without justification you instructed the “Receiver” Duar Tuan Kiat of Ernst & Young  to cut the Electricity and water knowing there were tenants in the building, and instructed them to take  out an Injunction against me knowing very well I had to be at the building to complete the final touches requested by DBKL for the issuance of the final Certificate of Completion. You even rang and threatened DBKL not to issue the Certificate of Completion.

10. The closing down of the building has caused irredeemable damage to the mechanical and electrical fittings and great loss and humiliation to the shareholders. The guards chased out all the tenants including the diplomats, Embassies and occupants without giving them due notice. Marina Sdn Bhd incurred great losses, damages and humiliation.

11. Your proposal of refurbishing the building at a budget of RM100 million is a sheer waste of good money as there is nothing wrong with the building or design done by a Gold Star Architect Dato Baharuddin Kassim. What you have to rectify is the damage and losses caused by the security guards in cutting the electric cables and stealing the electrical fittings and assets and jamming the electrical devices and lifts. They were employed as agent for Danaharta on your instructions. These should be rectified immediately

As such my counter proposal is that :

A) You  accept the  redemption sum of RM59 million as settlement . In consideration of that we are willing to waive claims of the LAD incurred for freezing the project for the last 8 years and to withdraw all legal actions.

b) To allow the shareholders to sell the building on an ‘as is basis” immediately as we already have ready buyers

I trust you will consider my proposal seriously and give an affirmative reply within one week from date hereof.

Thank you. WASSALAM.

Yours faithfully,

Hajjah Marina Yusoff,
for and on behalf of all the Directors and shareholders
of Pekeliling Triangle Sdn Bhd

c.c.1. Miinister of Finance I
2. Minister of Finance II

26
Jul
09

HINDRAF will stay independent and apolitical

Lately, there have been many skeptism and criticism on the path of HINDRAF with the formation of the Human Right Party Malaysia by P. Uthayakumar.

Hindraf would like to state it would stay independent and apolitical to continue its battle for the voiceless and marginalised segment of the community and to champion their cause. Our goal from the beginning has been to highlight the plight of the neglected Indian community so that the ruling government will make constructive and concrete efforts to allow them to participate in the socio- development of the nation with equality and fairness.

Hindraf to-date have not swayed from its original goals and will continue addressing the issues of the neglected ones without any fear or favour. The confusion and skeptism amongst the public is created and fuelled to split the awareness on the fate of those marginalised segment of the population for each politician’s own agenda.

Hindraf will continue to operate as an organisation along with its current coordinators throughout Malaysia and internationally in carrying out its activities with the original objective for the marginalised community.

Hindraf would however support the Indian Political empowerment plan devised by Uthayakumar during his 514 days in detention under the ISA and would render its assistance where possible.

Hindraf reiterates, it will raise and question issues whether it is Umno-led BN, Pakatan and even the newly formed HRP if moral chaos permeates where these politicians continue to fail to uphold their governance in a fairly and just manner for the poor and undefended.

Our recent stand on the Kg Buah Pala issue in Penang will speak of our stand on truth and justice even if it means ending our friendship with the DAP led- government in Penang.

To the Hindraf supporters and well-wishers, I thank you all for your continuous support to recognise that we are a movement of conscience for the common future that we want to create in Malaysia for all of us.

P.Waythamoorthy
HINDRAF – CHAIRMAN

26
Jul
09

A Royal Commission of Inquiry on Beng Hock’s Death

Civil Society Joint Statement

We the undersigned civil society organizations urge upon PM Najib Razak to heed the call of the late Teoh Beng Hock’s family to establish a Royal Commission of Inquiry to investigate his death. Najib’s insincerity in ensuring justice for Beng Hock has caused misery for the second time to Beng Hock’s families and the nation at large.

Instead of appointing a Royal Commission of Inquiry (RCI) to study Beng Hock’s death and the role of the Malaysian Anti-Corruption Commission’s structural and institutional flaws in the tragedy, Najib has smartly tasked the RCI to study only the investigative procedures and left the investigation of Beng Hock’s death to an inquest which will be headed by only a magistrate.

No right-thinking Malaysians will believe that a magistrate – who is technically a bureaucrat rather than part of the Judiciary and whose appointment is in the hand of the Attorney General – can unearth the truth behind Beng Hock’s torture and death?

Najib has also defied the popular calls for the suspension of involved MACC officers and for the ratification of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

We categorically demand Najib on the following matters:

1. That the Royal Commission of Inquiry shall investigate the death of Beng Hock in entirety, including the real reasons why a bridegroom-to-be be interrogated for 11 hours over a small sum of RM 2,400, and not just the investigative procedures. Flawed investigative procedures are only the weapon, not the murderer. The RCI’s term of reference must first and foremost include ascertaining if selective and politically-motivated investigation had caused the breach or abuse of the investigative procedures that led to the torture and subsequent death of Beng Hock. The nation demands to know who are responsible in the blatant abuse of MACC itself to the extent a witness had to be tortured and found dead mysteriously over an allegation of mere RM 2,400. The culprits must be held responsible and charged. The RCI must have power to call upon other alleged victims of selective investigation and torture by MACC and its predecessor the Anti-Corruption Agency (ACA), including Halimi Kamaruzzaman and Tan Boon Hwa.

2. That the Royal Commission of Inquiry must be appointed based on a cross-party consensus to ensure its integrity and credibility. Alternatively, the chair and half of the remaining commissioners must be nominated by the Parliamentary Opposition Pakatan Rakyat. Explicit criteria based on wide consultation must be established. It should include an internationally renowned retired judge from home or other Commonwealth country, a past president or senior leader of the Malaysian Bar, an internationally respected forensic expert from home or other country, a nominee of the Parliamentary Opposition and a leader from a human rights non-governmental organization.

3. That all the MACC officers involved in the investigation of Teoh Beng Hock, his employer Ean Yong Hian Hwa and the latter colleagues, right from MACC chief Ahmad Said at the helm of its chain of command must be immediately suspended pending on investigation. The public cannot have confidence if Ahmad Said who categorically disowned any responsibility of Teoh’s death remains in-charge. Also, if allowed to continue, the involved officers may claim more victims after Beng Hock.

4. That Malaysia should ratify the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and meet the corresponding legal and policy obligations. All institutional sadism must end.

5. That a foundation should be established and named after Beng Hock to carry out research, education and reconciliation works against torture by all state institutions. The insensitive remarks by and unapologetic attitude of a MACC officials and senior ministers on Beng Hock’s death, followed by the fanning of ethnic sentiments by certain senior editors, suggest that the practice of torture is deeply rooted in, tolerated and even defended by certain segments of the Malaysian society. If there is no obvious commitment to ensure Beng Hock is the last victim, many more may suffer torture in the hand of law enforcement agencies and die in custody.

We call upon Najib to implement these reforms immediately. He must heed the call of the Teoh family. Najib’s continued refusal to steadfastly pursuing justice for Beng Hock will make his “1Malaysia” slogan more hollow and hypocritical. What good is equality if it means everyone has an equal chance to die in custody and every culprit can get off scot free?

Initiated by

  • Ngeow Chow Ying, Vice-Chairperson, Civil Right Committee, Kuala Lumpur and Selangor Chinese Assembly Hall(CRC-KLSCAH)
  • Haris Ibrahim, Convener, People’s Parliament
  • Andrew Khoo, Convener, Civil Society Initiative for Parliamentary Reform(CSI@Parliament)
  • Gayathry Venkiteswaran, Executive Director, Centre for Independent Journalism(CIJ)
  • Nahar Mohd Nor, Jamaah Islah Malaysia(JIM)
  • K. Arumugam, Coordinator, Group of Concerned Citizens(GCC)
  • Helen Ang, Centre for Policy Initiatives(CPI)
  • Maria Chin Abdullah, Executive Director, Persatuan Kesedaran Komuniti Selangor(Empower)
  • Dr Toh Kin Woon, Chairperson, Penang Du Zhong Education Foundation
  • Tah Moon Hui, Coordinator, Suara Rakyat Malaysia(Suaram)
  • Wong Chin Huat, Chairperson, Writer Alliance for Media Independence(WAMI)
  • Ho Yock Lin, Coordinator for Solidarity Building Committee, All Women’s Action Society Malaysia(AWAM)
  • Lee Song Yong, Secretary of National Affairs, Malaysia Youth and Student Democratic Movement(DEMA)
  • Ng Chong Soon, President, Youth Section of Kuala Lumpur and Selangor Chinese Assembly Hall(YS-KLSCAH)
  • Kua Sin Kheng, President, Youth Section of Malacca Chinese Assembly Hall(YS-MCAH)
  • Low Seong Teong, President, Youth Section of Negeri Sembilan Chinese Assembly Hall(YS-NSCAH)
  • Hii Yik Ping, Chairman, United Chinese Association(YCA)Youth Sibu
  • Tang Kwai Fun, Director of Civil Society Committee LLG, Cultural Development Centre(LLGCSC)
05
Jul
09

PRESS STATEMENT ZULKIFLI BIN NOORDIN MEMBER OF PARLIAMENT KULIM BANDAR BHARU

I refer to the statement by YB Lim Guan Aik ADUN (DAP) Kota Darul Aman declaring himself to be independent ADUN with immediate effect.

Obviously YB Lim and the DAP leadership is displaying a clear chauvinistic and arrogant character, a character that caused BN being rejected by the people.

I don’t understand why YB Lim Guan Aik & Sdr Thomas Su (as Chairman DAP Negeri Kedah) could not emulate the toleration and compromising attitiude of YB Dato Ngeh Kah Him (Chairman DAP Perak/YB Bruas) or YB Ngar Kor Ming (YB Taiping).

I do not think it is necessary to remind YB Lim Guan Aik that he was elected by the voters under the Pakatan Rakyat’s banner and not DAP.

Therefore it is only honorable for him to vacate the seat so that a by election can be held.

I challenge YB Lim Guan Aik and the DAP leadership to be honorable and allow the people to give new mandate to the party of their choice, be it Pakatan Rakyat or DAP.

Please walk your talk. Dissolve DUN Kota Darul Aman seat immediately.

Zulkifli Bin Noordin
Saturday
10 Rejab 1430/ 04 June 2009




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