EXTRADITION PROCEDURES IN THE UK.

Many senior Malaysian lawyers, the Malaysian Bar Council Vice-President included, appear unable to comprehend how to ‘transfer’ my case to the UK and get me tried in a UK court. So that they do not continue embarrassing themselves by making silly statements, maybe I can assist them by giving them a short crash-course on how the system works. Consider this part of my community service.

NO HOLDS BARRED

Raja Petra Kamarudin

Summary of the extradition procedure

1. Extradition requests from Malaysia should be made to the Secretary of State.
2. Some countries are not required to provide prima facie evidence in support of their request for extradition. Malaysia does not fall within this category so evidence will be required.
3. If the request is 'valid' the Secretary of State will issue a certificate and send the request to the court. If the court is satisfied that the request contains the required information an arrest warrant may be issued. It is sent to the police for execution.
4. After the person has been arrested, he is brought before the court as soon as is practicable and the judge sets a date for the extradition hearing.
5. The judge must satisfy himself that the request meets the requirements of the 2003 Act, including dual criminality and prima facie evidence of guilt, and that none of the bars to extradition apply.
6. Finally, the judge is required to decide whether the person’s extradition would be compatible with the convention rights within the meaning of the Human Rights Act 1998. If he decides all of these questions in the affirmative, he must send the case to the Secretary of State for the latter’s decision whether the person is to be extradited. Otherwise, he must discharge the person.
7. The condition of “speciality” requires that the person must be dealt with in the requesting state only for the offences in respect of which the person is extradited and for no other charges other than that.
   

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FURTHER READING

On 1 January 2004, the Extradition Act 2003 came into force. Requests made on or after 1 January 2004 are dealt with under the 2003 Act.

However, with the exception of Gibraltar, unless or until the Crown dependencies and British Overseas Territories amend their legislation, the Extradition Act 1989 (the legislation repealed by the Extradition Act 2003) will still apply to them. Currently, only Jersey has enacted its own extradition legislation.

Extradition relations with category 1 territories are governed by part 1 of the 2003 Act. Part 1 implemented the framework decision on the European arrest warrant (EAW). The Secretary of State has no role in these proceedings.

Extradition Partners under the EAW

Territories designated as category 1 territories as of 2 August 2007 are:

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Territories under part 2

Territories designated under part 2 are non-EU members of the European Convention on Extradition; or the London Schememe for Extradition within the Commonwealth; or else they are parties to bilateral extradition treaties with the UK. The countries involved are:

Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, The Bahamas, Bangladesh, Barbados, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Canada, Chile, Colombia, Cook Islands, Croatia, Cuba, Dominica, Ecuador, El Salvador, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guyana, Hong Kong Special Administrative Region, Haiti, Iceland, India, Iraq, Israel, Jamaica, Kenya, Kiribati, Lesotho, Liberia, Liechtenstein, Macedonia (FYR), Malawi, Malaysia, Maldives, Mauritius, Mexico, Moldova, Monaco, Montenegro, Nauru, New Zealand, Nicaragua, Nigeria, Norway, Panama, Papua New Guinea, Paraguay, Peru, Russian Federation, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Switzerland, Tanzania, Thailand, Tonga, Trinidad and Tobago, Turkey, Tuvalu, Uganda, Ukraine, the United Arab Emirates, the United States of America, Uruguay, Vanuatu, Western Samoa, Zambia and Zimbabwe.

Extradition request

Extradition requests from category 2 territories to the United Kingdom should be made to the Secretary of State. If the request is 'valid' the Secretary of State will issue a certificate and send the request to the court. The request is valid if it states that it is a request for a person accused or convicted of an offence and it is made by an appropriate authority of the requesting territory such as a diplomatic or consular representative.

Documentation require

Generally the information required to accompany the request will include:

1. particulars of the person whose return is requested
2. particulars of the offence of which he is accused or was convicted
3. in the case of a person accused of an offence, a warrant or a duly authenticated copy of a warrant for his arrest issued in the requesting state, or for a provisional arrest, details of such a warrant
4. in the case of a person unlawfully at large after conviction of an offence, a certificate or a duly authenticated copy of a certificate of the conviction and the sentence, or for provisional arrest, details of the conviction
5. evidence or information that would justify the issue of a warrant for arrest in the UK, within the jurisdiction of a judge of the court that would hold the extradition hearing.
   

If the court is satisfied that the request contains the required information an arrest warrant may be issued. It is sent to the police for execution.

Requesting states are advised to submit a draft request to the Crown Prosecution Service to ensure potential difficulties are resolved before the request is finally submitted

Evidence require

Some countries are not required to provide prima facie evidence in support of their request for extradition. These countries are (as of 1 January 2007):

Albania, Andorra, Armenia, Australia, Azerbaijan, Bosnia and Herzegovina, Canada, Croatia, Georgia, Iceland, Israel, Liechtenstein, Macedonia FYR, Moldova, Montenegro, New Zealand, Norway, Russian Federation, Serbia, South Africa, Switzerland, Turkey, Ukraine and the United States of America.

Preliminary hearing

After the person has been arrested, he is brought before the court as soon as is practicable and the judge sets a date for the extradition hearing.

Extradition hearing

The judge must satisfy himself that the request meets the requirements of the 2003 Act, including dual criminality and where appropriate, prima facie evidence of guilt; and that none of the bars to extradition apply (the rule against double jeopardy; extraneous considerations; passage of time or hostage-taking considerations).

Finally, he is required to decide whether the person’s extradition would be compatible with the convention rights within the meaning of the Human Rights Act 1998. If he decides all of these questions in the affirmative, he must send the case to the Secretary of State for the latter’s decision whether the person is to be extradited. Otherwise, he must discharge the person.

Secretary of State

Where a case is sent to the Secretary of State she must consider whether surrender is prohibited because:

1. the person could face the death penalty: This is an absolute prohibition unless the Secretary of State receives an adequate written assurance from the requesting state that the death penalty will not be imposed, or will not be carried out, if imposed
2. there are no speciality arrangements with the requesting country: The condition of “speciality” requires that the person must be dealt with in the requesting state only for the offences in respect of which the person is extradited (except in certain limited circumstances)
3. the person was earlier extradited to the UK: this might require the Secretary of State to obtain the consent of the earlier extraditing country, before the person can be extradited on to the requesting state.
   

With effect from 15 January 2007, the defence has to make any representations within four weeks of the case being sent to the Secretary of State (28 days, including the day on which the case was sent). The Secretary of State’s decision has to be made within eight weeks of the day the case is sent to him, otherwise the person may apply to be discharged. This equalises the time within which representations must be made to the Secretary of State with the time in which the Secretary of State has to consider those representations, (previously, the defence had six weeks to submit representations.)

However, if the representations are complex and require enquiries being made of the requesting state, the Secretary of State may apply to the High Court for an extension of the decision date, of any length but usually of no more than two months – it is a matter for the court as to whether and for how long this is granted, although it has not to date refused any such application. More than one extension may be sought in any one case; and granted if it appears necessary.

If the Secretary of State does find that surrender is prohibited, she must order the discharge of the person. If none of the three prohibitions apply, or appropriate assurances have been given, the Secretary of State must order the person to be extradited.

KENAPA PAS TIDAK GEMPUR PREMISES JUAL ROKOK

PAS sebelum ini telahpun menyatakan bantahan terhadap keputusan kerajaan meluluskan pemberian lesen judi bola sepak kepada Ascot Sports, syarikat milik Tan Sri Vincent Tan dan juga telah menghantar memorandum kepada Mufti- Mufti Negeri serta memohon campurtangan kebawah duli Raja-Raja Melayu. Terkini, hari ini, Dewan Pemuda PAS mengambil tindakan lebih drastik untuk “gempur” premises judi.

Mengikut berita yang disiarkan dalam laman web www.harakahdaily.net, Ketua Dewan Pemuda PAS memaklumkan bahawa (ahli) pemuda PAS akan ditempatkan disemua premises judi diseluruh negara dan akan bergilir shif mengedarkan risalah kepada pengunjung dan tindakan ini akan berterusan sehingga kerajaan membatalkan judi bola sepak.

Saya kesal dengan tindakan yang diambil PAS yang juga secara tidak langsung campurtangan dengan hal-ehwal orang bukan Melayu dan bukan Islam.

Jika PAS yang membantah pemberian lesen judi bolasepak sehingga mahu menggempur premises judi dan mengacau pengunjung ke premises judi yang telah di lesenkan kerajaan, mengapa PAS tidak mengambil tindakan yang sama ke atas premises dan kedai-kedai yang menjual rokok dan atau menangkap orang Islam dan Melayu yang merokok. Paling kurang pun mengapa ahli-ahli PAS tidak diarahkan berdiri ditempat-tempat ini secara shif bergilir mengedar risalah ?

Saya terpanggil untuk bertanya kerana, muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Hal Ehwal Islam Malaysia ke-37 pada 23 Mac 1995 memutuskan bahawa amalan merokok adalah haram menurut Islam. Berdasarkan fatwa ini, merokok adalah HARAM. Malahan saya dimaklumkan ada juga beberapa negeri yang telah menggazetkan fatwa ini.

Selanjutnya, izinkan saya untuk memberi sedikit fakta tentang gejala rokok yang boleh merangsangkan PAS untuk menggempur kedai-kedai yang menjual rokok. Pada tahun 2006, rakyat Malaysia membelanjakan kira-kira RM3 juta sehari atau RM90 juta sebulan membeli rokok. Kira-kira 10,000 daripada empat rakyat Malaysia yang merokok mati setiap tahun antara lain kerana barah paru-paru dan lain-lain sakit kronik yang berpunya dari tabiat merokok. Asap dan kandungan rokok didapati mengandungi 4000 jenis bahan kimia dan 60 daripadanya penyebab utama kanser. Kajian Persatuan Pengguna Pulau Pinang mendapati 45-50 remaja mula merokok setiap hari dan 8% daripada mereka adalah pelajar sekolah.

Pernahkah PAS bertanya berapakah peratusan orang Islam dan Melayu yang merokok. Berapakah jumlah yang dibelanjakan wang sehari atau sebulan membeli rokok oleh orang Islam dan Melayu. Berapakah peratusan orang Islam dan Melayu yang meninggal dunia kerana sakit barah paru-paru dan lain-lain kesakitan yang disebabkan dari merokok. Teringat juga firman Allah yang bermaksud “Dan janganlah kamu menjatuhkan dirimu sendiri ke dalam kebinasaan” (al-Baqarah : ayat 195). Juga, sabda Rasullah yang bermaksud “ Tidak boleh (menimbulkan) bahaya dan juga tidak boleh merbahayakan (orang lain) (Hadis Riwayat Ibnu Majah).

Kenapa PAS berdiam diri dalam isu rokok dan merokok? Tidak kelihatan dan atau mendengar tentang tindakan-tindakan drastik yang diambil menangani isu rokok dan terhadap perokok. Kenapa Ketua Dewan Pemuda PAS tidak mengarahkan ahli-ahli PAS untuk menggempur kedai-kedai runcit, kedai makan mamak ataupun kedai serbanika seperti 7-11. Kenapa tidak ditempatkan ahli-ahli bergilir shif berdiri diluar kedai-kedai ini ? Kenapa tidak bergilir memantau anak-anak muda yang berpeleseran di kompleks membeli-belah.

Bukankah rokok dan merokok telah diharamkan dengan fatwa kebangsaan. Dimana memorandum-memorandum kepada Mufti-Mufti Negeri meminta negeri-negeri untuk menggazetkan fatwa melarang merokok. Tidak kedengaran, Dewan Pemuda PAS, mememohon kepada duli Sultan-Sultan untuk berkenan menggazet fatwa kebangsaan ini.

Sebaliknya dalam isu judi bolasepak, PAS berpendirian berbeza. Orang Islam dilarang agama berjudi. Dalam premises kedai judi ada papan maklum yang jelas memaklumkan orang Islam dilarang masuk ke premises ini. Jika orang Islam masih hendak masuk berjudi, pihak berkuasa patut tangkap mereka. Tetapi untuk orang bukan Islam dan bukan Melayu, tidak ada larangan berjudi selagi mereka berjudi ditempat yang mempunyai lesen. Walaupun dalam agama dan budaya orang-orang bukan Islam dan bukan Melayu juga nas-nas yang tidak menggalakkan perjudian, tetapi ia tidak sampai menetapkan hukuman jika seseorang berjudi. Jadi saya nak tanya apa PAS nak sibuk-sibuk ni ?

PAS perlu tahu bahawa lesen judi bolasepak yang diberikan kepada Ascot Sports mempunyai syarat-syarat yang ketat. Ascot Sports tidak mendapat apa-apa kelonggaran syarat sampai boleh membenarkan orang Islam dan Melayu untuk masuk premises Ascot Sports dan membuat petaruhan. Orang Islam dan orang Melayu tetap dilarang bukan sahaja berjudi tetapi dilarang masuk premises judi.

PAS perlu tahu bahawa judi bolasepak adalah industri yang bernilai berbilion-billion. Terdapat ribuan situs-situs dalam laman web yang membolehkan kaki bola untuk membuat wang pertaruhan judi bolasepak. Amatlah mudah untuk seorang yang samada tinggal di ceruk Pengkalan Chepa ataupun berlegar di tepi jalan Petaling Street untuk berjudi melalui internet. Selagi dia ada kemudahan internet ( sekarang sudahpun ada modem mudah-alih) dan mempunyai akaun bank, dia mudah membuat pertaruhan. Ini realiti. Berjudi melalui internet begitu mudah.

Di Malaysia, judi bolasepak melalui internet dan lain-lain cara yang tidak sah dianggarkan RM20 Billion setahun. RM20 Billion !. Ini satu jumlah yang besar. Kerajaan pula kehilangan cukai lebih kurang RM4 Billion setahun. Ini fakta.

Justru itu, suka atau tidak, samada judi bolasepak dibenarkan atau tidak, judi bolasepak tetap akan berterusan. Daripada kerajaan kehilangan cukai judi (perolehan cukai dari judi juga tidak digunakan untuk orang Islam ataupun Melayu) adalah lebih baik jika judi bolasepak dibenarkan tetapi judi bola dikawal dan dipantau oleh pihak berkuasa dan melalui undang-undang.

Tan Sri Vincent Tan, sudahpun mempunyai lesen judi untuk Sports Toto. Ascot Sports yang juga dimiliki Tan Sri Vincent Tan, juga boleh menjalankan operasi dari premises yang sama. Tiada perlu buka premises judi yang baru untuk Ascot Sports. Jika pun perlu ada, cukup sekiranya premises Ascot Sports dibuka ditempat-tempat yang sudahpun ada kedai-kedai judi nombor ramalan.

Daripada PAS menggempur premises judi lebih elok jika PAS mendidik orang Islam dan orang Melayu tentang larangan berjudi mengikut Islam. Orang bukan Islam dan orang bukan Melayu tidak memerlukan didikan tentang baik buruk judi dari PAS. Mungkin PAS bermula hari ini boleh mengarah ahli-ahli menggempur kedai-kedai yang menjual rokok dan berdiri diluar bergilir shif mengedar risalah kepada orang Islam dan orang Melayu yang merokok. Jika PAS tidak dapat membantu melaksanakan fatwa kebangsaan mengharamkan merokok, mengapa PAS begitu lantang membantah judi bola sepak?

Mungkin PAS boleh fikir bagaimana hendak menangani lain-lain isu seperti suami yang ghaib atau enggan membayar nafkah, kes-kes buang bayi ataupun gejala rogol anak kandung oleh ahli keluarga yang terdekat, gejala mat rempit dan bohsia dan sebagainya. Bila ada isu-isu seperti ini yang masih belum ditangani atau diselesaikan oleh PAS mengapa isu pemberian lesen judi bolasepak perlu di perdahulukan.

Ini adalah pendirian peribadi Norman Fernandez.
Norman Fernandez adalah kaki bola dan menggilai
pasukan Manchester United tetapi beliau BUKAN
kaki judi bolasepak dan untuk piala dunia
tahun ini akan menyokong Sepanyol.

Raja Petra can't be tried in Britain

(The Star) PETALING JAYA: The Government cannot bring fugitive blogger Raja Petra Raja Kamarudin to trial in Britain even if it wanted to.

Bar Council vice-president Lim Chee Wee said Malaysia would have to bring Raja Petra back to prosecute him.

“Essentially, it can’t be done,” he said when asked about Raja Petra’s challenge to the Malaysian Government to try him in Britain.

“You have to bring him back to prosecute him. To do that, you have to check if there is an extradition treaty with Britain.

“And if there is, it depends whether UK gives consent. One factor is whether he can get a fair trial in Malaysia,” said Lim.

It was reported on Monday that an online news portal had written that Raja Petra said he would seek a level playing field in his fight against charges of defamation and sedition as well as his appeal against his detention under the Internal Security Act.

Raja Petra refuted the notion that he should return home to defend himself at a Malaysian court, adding that it was the prosecution’s job to prove guilt.

He has two warrants of arrest issued against him for not attending up for his sedition trial in April and May last year.

Another lawyer, Norman Fernandez concurred with Lim that Raja Petra cannot be tried in Britain. “There is no provision to try him in UK. He is not a war criminal.

“And if he is tried there, and found guilty, can he serve his sentence in a UK prison?” he said.

Fernandez said Raja Petra was merely taunting the Malaysian authorities after he managed to slip out of the country.

“He’s thumbing his nose at the Malaysian authorities and saying ‘Catch me if you can’. He knows it is not easy to bring him back to Malaysia,” he said.

Fernandez said nobody knew Raja Petra’s residential status in Britain.

“If he is a visitor, then his term of stay in the country is limited. He could have entered Britain through special documents. Or as a refugee.

“We don’t know, and the British authorities have yet to shed light on this,” he said.

Former Selangor PKR Youth chief Hamidzun Khairuddin, who joined Umno in 2004, called Raja Petra a traitor to Malaysians.

CHURCH SHOULD RETURN THE RM1.75 MILLION BY-ELECTION GRANT.

In the recent Sibu by-election, it was reported that four Methodist churches in the final hours of the by-election campaign received a RM1.75million grant from the Federal government. The four lucky churches chosen to receive the grant were En Tao Methodist Church (RM500,000), Tien Tao Methodist Church (RM500,000), Sing Ang Tong Methodist Church (RM400,000) and Hwai Tong Methodist Church (RM350,000). The grant was for upgrading and extension of the church buildings.

Almost all churches in Malaysia are self funding and not surprisingly virtually all are cash strapped. Some churches have to collect donations from its followers and well-wishers for years before the church can even put up a building or even an extension. Thus, had the Methodist churches in Sibu in ordinary circumstances received this Federal grant for upgrading and renovation work, that grant must be received with gratitude and thanks. To get such a grant out of blue, has to be heaven sent and the Federal government must be praised for the noble act and magnanimity.

But, in Sibu, the Federal grant was given in the final hours of the by-election campaign and selectively only to Methodist churches in a predominantly Methodist town and in a town where a by-election was to take place. Surely, this sudden magnanimity must have been made with a purpose and that is to win over the hearts of the Christian voters. What other way is there to construe that grant. To the Federal government it may be a special grant but to many it is nothing but an instant gratification or even worst an executive bribery. Still I do not blame the Federal government for the grant, after all the end justifies the means and during by-elections it is common for the voters to be overwhelmed by sudden and excess generosity.

I believe that the Methodist churches ought to have realized the actual purpose for this sudden generosity. The Methodist churches ought to have politely rejected the grant. The Church preaches to its followers to uphold high moral values and standards in all things. The Church takes the moral high ground and extols the followers to walk in Christ ways. Therefore, the Church too must be subjected to the same high standard.

Unfortunately, the recipient churches, who preach about maintaining and preserving the high moral and ethical standards, it would seem the churches capitulated and momentarily cast aside its principles. It is said money talks and everyone and everything has a price. Well, in the case of the Methodist churches it only took RM1.75 million.

I believe that the most decent thing for the Methodist churches which received this sudden grant to do is to return the money back to the donor. Show them what is called from a Christian and what Christian living is. Painful it may be to return the money, but have faith and walk the faith. God will provide. If the good Lord can provide the little birds with its daily feed, why would the Lord not help the church in its intentions? The RM1.75 million grant surely was not God send or was the answers to the churches prayer.

INSTANT GRATIFICATION AND EXECUTIVE BRIBERY DAYS ARE OVER

Barisan Nasional (BN) must be in a state of shock after last week end’s loss in the Sibu by-election. Sibu is after all BN’s stronghold in a state which BN refers to as BN’s safe deposit. Well, it looks like it is no more.

The Sibu electorate has sent one clear message. The days of offering a cornucopia of goodies are over. In Sibu, BN thought that the usual executive bribery will sway the voters to vote BN. After all, instant gratification succeeded in the recent Hulu Selangor by-election and also previously during the Ijok by-election. (By the way whatever happened to Cikgu Partiban ?)

The Sibuans were seduced with RM18 million grant to 65 Chinese schools – RM10 million to Chinese Primary Schools, RM5 million to Chinese Independent schools and RM3 Million to Christian missionary schools. Divide RM18 million with 65 schools, that’s peppercorns.

Add to this, were the sudden magnanimous gesture of giving RM1.7 million to Methodist Churches namely Eng Tao Methodist Church RM500,000, Tien Tao Methodist Church RM500,000, Sing Ang Tong Methodist Church RM450,000 and Hwai Ang Tong Methodist Church RM350,000. This kind gesture is bewildering since churches are usually self funding.

Suddenly out of the blue, the Methodist churches in a town where a by-election takes place gets money. Surely this act was designed to appease the Christians and the Churches. Christians in Sibu would have appreciated had the government resolved the bigger issues, namely the Allah issue and the ban and confiscation of Bahasa Malaysia Bibles. For Christian these issues remains contentious, unresolved and the government unrelenting in their stand.

Then there is that now most famous “deal” by the PM to the voters when it is alleged that the PM openly told the voters that “ If Robert Lau becomes MP on Sunday, on Monday, I will ask the cheque to be prepared. Do we have a deal ? We do ! You want RM5 Million. I want Robert Lau to win”. Imagine how the Election Commission would have reacted if Lim Guan Eng were to utter such words.

Perhaps the PM forgot that RM5 million offered for Rejang Park flood mitigation, was an insult to the long suffering Rejang Park and the Sibu voters who in the past had voted BN. BN may have thought that this “deal or no deal” will work in Sibu. Afterall, in Hulu Selangor similar method when the PM promised RM3 Million to SRJK (C) if BN’s P.Kamalanathan won. Well, P. Kamalanathan won and the PM immediately moved to fulfill the promises. The Sibu voters or rather the voters in Rejang Park just did the opposite so the chagrin of the PM when the day after the election the PM is reported to have said that that deal may have to be considered though the Deputy Prime Minister went on damage control to assure that whatever was promised will be fulfilled.

Unfortunately, these election goodies was not what the voters and people of Sibu wanted. The wanted to know why despite decades of supporting and voting for BN, Sibu still had to suffer from terrible flooding, land issues remain contentious and are yet to be settled, basic infrastructure are lacking, those in the interior and a very large percentage of the Iban community despite being BN’s staunchest supporters still wallow in poverty and there is an economic malaise permeating Sibu . The truth is that Sibu had been long ignored until the by election awakening. The say reap what you sow. Well BN had sowed nothing and thus there was nothing to be reaped. In the aftermath of the by-election, SUPP said that they do not know what went wrong. Strange fellows these SUPP chaps. Imagine, SUPP’s George Chan is Sarawak Deputy Chief Minister and yet SUPP do not know was happening in their own backyard!

The Sibu by election must become an eye opener and a lesson for BN that the days of descending on by election week and promising election goodies are over. Voters now days will not easily be swayed by instant gratification and executive bribery.

BUKTI MELAYU MENYOKONG DAP

(gambar dari www.malaysiakini.com)

Gambar penyokong Pakatan Rakyat/DAP di pilihanraya kecil Sibu.

RM70 FOR A VOTE (IS IT TRUE)?

The Election Commission and the police must investigate if there were attempts to buy votes during the Sibu by election.

On polling day, Bakri MP Er Teck Hwa claimed that “one of the local resident even showed us a RM70 received from BN half an hour ago and gave us his IC number as proof ”

(www.malaysiakini.com)

GAMBLING LICENCE TO ASCOT SPORTS IS A CORRECT DECISION.

The government’s decision to award a sports betting licence to Ascot Sports is a right decision. No doubt there are social ills associated with gambling, nevertheless, the perceived ills must be weighed against present realities.

The fact is, for a gambler, there are hundreds of internet online gambling sites offering easy access to gamble, including sports betting. It is a near impossibility to curb online betting. While online gambling and sports betting may be illegal, the truth of the matter is that illegal sports betting in Malaysia is thought to be worth as much as RM20 Billion per annum. Even, the Deputy Finance Minister has recently admitted that the government as a result of these illegal betting losses almost RM4 Billion in tax revenues per annum. That represents a huge loss of potential revenue.

Thus, in the circumstances, it is better to legitimize sports betting, at least it will mitigate the loss of tax revenue. Like it or not, to continue banning sports betting, will only drive it underground and where presently it is really thriving.

Let’s face up to reality.

PEGUAM BELA TERTUDUH MASUK NERAKA?

Petikan dari Akhbar Metro Ahad bertarikh 11 April 2010 oleh Zaharuddin Abd Rahman.

HUKUM BELA ORANG SALAH.

Baru-baru ini saya menerima soalan berkaitan kerjaya peguam.

Ringkasan soalannya:
“Saya seorang pelajar undang-undang sivil dan syariah sebuah Institusi pengajian tinggi (IPT).”

“Baru-baru ini, saya ikuti satu ceramah berkaitan ‘Bolehkah peguam Muslim mempertahankan individu yang sudah mengaku kesalahannya’.

“Saya terperanjat apabila penceramah mengatakan Muslim boleh membela semua jenis anakguam yang datang kepada mereka walaupun mereka mengakui kesalahan dilakukan.”

“Antara hujahnya: Pertama, kerana tiada istilah bersalah terhadap seseorang selagi mana dia tidak disabitkan bersalah oleh hakim”.

“Kedua, si peguam hanya mendengar pengakuan daripada satu pihak (anakguam) bukan daripada kedua-dua belah pihak dan ketiga, kita tetap tidak akan disoal di akhirat kerana kita menjalankan tugas kita iaitu menegakkan kebenaran (terhadap anakguam)”.

“Adakah betul kita boleh membela semua anakguam yang datang kepada kita walaupun dia membunuh, merogol atau sebagainya, terutama bagi mereka yang mengaku (kerana penceramah tetap menghalalkannya atas dasar setiap insan ada hujahan di atas perbuatan)”.

“Jika itu tugasan yang dilakukan, bagaimana pula pendapatannya.”

Bagi saya, soalan itu sangat baik dan realistik. Menarik untuk dikaji dan dihurai lebih mendalam, cuma di ruangan ini saya hanya mampu memberi pandangan ringkas.

Memang benar, ada jenis kesalahan yang perlukan lebih daripada pengakuan seseorang. Contoh, Rasulullah SAW menolak pengakuan Maiz Bin Malik yang mengaku berzina sehingga pengakuan dibuat sebanyak empat kali, barulah baginda memutuskan hukuman terhadapnya.

Begitulah, mungkin benar, pengakuan seseorang masih belum mencukupi untuk kita meyakini dia bersalah dan tidak layak dibantu. Memang benar juga selepas segala pengakuan, bukti yang terpampang di depan kita semuanya menjadi saksi.

Tatkala itu, kita mungkin masih boleh membantunya dengan mempertahannya di Mahkamah selaku anakguam. Itu benar dan tugasan menjatuhkan hukuman akan tertanggung diatas bahu hakim.

Namun begitu, dalam Islam, peguam itu tidak boleh sama sekali terbabit dalam menyembunyi beberapa fakta dan bukti yang sudah kita peroleh ketika bersama anakguam kita.

Fakta dan bukti berkenaan sebahagiannya jika diperoleh oleh pihak pendakwa bakal membawa kepada sabit kesalahan terhadap anakguam kita.

Jika ia disembunyikan, ia jelas termasuk dalam perkara yang haram, manakala pendapatan hasil pembelaan itu juga menjadi haram.

Sebabnya, ia termasuk bantu membantu dalam perkara dosa, maksiat dan permusuhan serta menggagalkan keadilan daripada ditemui juga ditegakkan.

Sebagaimana Allah SWT mengharamkan seorang saksi enggan menjadi saksi dalam pembelaan keadilan : “Janganlah saksi-saksi itu enggan (memberi keterangan) apabila mereka dipanggil”. (al-Baqarah:282)

Maka tatkala peguam bela itu menjadi saksi kepada pengakuan anakguamnya walau di luar Mahkamah, peguam berkenaan sepatutnya menjadi saksi bagi menegakkan keadilan dalam kes terbabit.

Memang benar, keputusan akan dibuat oleh hakim tetapi cuba peguam bela memaklumkan dengan jelas dan terang kepada hakim juga mahkamah, bagaimana pengakuan anakguamnya di sebalik tabir berserta bukti yang mungkin ditemui peguam berkenaan sendiri.

Tatkala itu, seorang peguam yang bertanggungjawab sendiri faham dan tahu apakah hukuman yang bakal dijatuhkan oleh hakim.

Malangnya peguam bela, disebabkan dirinya mewakili anakguamnya, kerap menyembunyikan apa saja fakta serta data yang boleh menyebabkan anakguamnya didapati bersalah.

Ketika itu jelas kerja dan gajinya dalam kes terbabit akan sama ada jatuh syubhat atau lebih jelas lagi menjadi haram.

Bukankah jelas Rasulullah SAW pernah menjelaskan, jika seseorang peguam itu bijak berbicara sedangkan ia mengetahui anakguamnya bersalah.

Bagaimanapun, dia tetap menjalankan ‘tugasnya’ membela dengan segala jenis kepintarannya berhujah, sehingga akhirnya hakim meyakini perbahasannya lalu menjatuhkan hukuman yang salah.

Apakah yang akan menimpanya? Bacalah erti hadis dibawah : “Sesungguhnya aku hanya manusia, dan kamu sentiasa membawa kes pertikaian untuk diselesaikan olehku, dan mungkin sebahagian kami lebih cekap berhujah dari sebahagian lainnya, maka aku memutuskan hukuman berdasarkan apa yang ku dengar saja.

“Barang siapa yang ku jatuhi hukuman dan hukuman itu mengambil hak yang lain (akibat kurang cekap pihak yang benar dalam berhujah), janganlah kamu mengambilnya, sesungguhnya ia bakal menjadi sepotong api neraka.” (Riwayat Abu Daud, Tirmidzi dan lain-lain : Rujuk Naylul Awtar, 8/632, no 392)

Justeru sangat jelas daripada hadis itu, tindakannya berhujah membantu si pesalah adalah salah di sisi Islam dan dikira melayakkan dirinya untuk dibakar oleh sepotong api neraka. Jika itu keadaannya, nescaya pendapatan daripadanya juga pasti haram.

How Different Countries Debate in Parliaments/Congress

INDIANS SHOULD EMULATE THE JEWS AND CHINESE.

According to the Hindu Sangam president S. Ganesan, 48% of prisoners in the 24 prison nationwide are Indians, while the Director General of Home Ministry, Datuk Seri Mahmood Adam is on record saying that 36,000 prisoners in jails across the country. This would mean that some 17,280 of the prison inmates are Indians. In fact, it becomes even more disturbing, when N.V Subbarow, the education officer of Consumer Association of Penang education officer recently revealed that Indian girls are now involved in murder and robbery cases.

All these must be alarming statistics, for a community which forms 7% of the total Malaysian population. It has now become all too common to read in the newspapers of Indian youths being charged or being sentenced for heavy crimes like murder, hijacking and gang fights. Even, the law journals are now enriched and replete with case laws involving Indians, something unheard of in the decades of old.

Many have blamed the high incidence of Indians being involved in crime is due to the marginalization of Indians as a direct consequence of discriminatory national policies, inappropriate distribution of opportunities and wealth and other social causes. To a certain extent it is true. But, that is no excuse for Indians to become a dysfunctional community.

My observation as a lawyer, makes me conclude that many Indians take to crime because most of them do not have or lack the necessary education and qualifications which in turn precludes them from possible opportunities.

In truth, Indians do have a choice. Instead, Indians wallow in self pity blaming the society, the system, political parties and the government for their predicament. That is similar to African Americans lamenting and blaming their social ills and backwardness because of their 400 years of slavery.

What Indians ought to do is to emulate the Jews who despite all the suffering, persecution and discrimination could rise above all and be successful. Closer home, we have the Chinese as a shining example, who despite all the obstacles, hardships and adversities could in a generation or two progress and uplift themselves. For both these races, they recognized that education was their redemption. Jewish and Chinese parents recognized that if they wanted to improve and progress there were no other alternative but education and were prepared to make enormous personal sacrifices and often without seeking help or handouts just to educate their children.

Here we have Indian fathers throwing away good money sitting and drinking alcohol in the coffee shop while complaining about inequality and injustice, without realizing he is actually sacrificing his children’s education by indirectly financing the future education of the coffee shop owners’ children. At home, at night, while the Chinese school children are doing their homework and studying, in many Indian homes, mothers’ and their children are happily glued for hours on Astro. What hope then for Indians? Perhaps, it is the parents who are preparing the children on a road to crime.

Indians must realize that Indians world over be it in Africa, Middle East, United Kingdom, United States and Australia are doing well. Many Indians, could do well especially in these countries is because of education, which opened the window of opportunities which was not available to them in their home country. With education and appropriate qualification, you are a citizen of the world and armed with education and the appropriate qualification, somewhere elsewhere you may find the opportunity.

Unless Indians are not prepared to recognize that key to change is education and they are not prepared to make the paradigm shift, they will be stuck in a quagmire of their own making. Then, they have no one to blame but only themselves.

Shocking Imbalance In Johor Civil Service

There are only 126 non-Malays out of the 8,372 workforce in the Johor civil service. This startling statistic was revealed by the Johor Menteri Besar Ghani Othman when replying to the written question by Gwee Tong Hian (DAP-Bentayan) during the recent sitting of the Johor state assembly.

According to the menteri besar the racial breakdown of the Johor civil service is as follows:

Malays : 8,244 or 98.47%

Chinese : 10 or 0.12%

Indians : 116 or 1.39%

Others : 2 or 0.02.%

According to the population statistics of Johor from the data of the Johor State Investment Centre, the racial composition of the population of Johor is as follows:

Total population of Johor: 3.17 million ( as at 2006)

Malays/bumiputera : 54 %

Chinese : 33 %

Indians : 6 %

Clearly, judging from the percentages of the Chinese and Indian populations of Johor, the non- Malays are grossly under-represented in the Johor civil service.

The menteri besar in his reply said that the Johor government and the Public Services Commission were committed in their effort towards ensuring that only those who were of quality

and with integrity are recruited into the service.

chosen. With a mere 126 non-Malays out of a 8,372 total, the Johor government must be finding it near impossible to find Chinese and Indians with 'quality and integrity' to serve in the Johor civil service. Or is it because of the extraneous and over-stringent prerequisites imposed on Chinese and Indian applicants and thus the 'difficulty'?

In order to attract non-Malays into the Johor civil service, the menteri besar said that the Public Services Commission would take steps to advertise in the Chinese and Tamil-language newspapers.

Rightfully and logically, the Public Services Commission ought to have advertised in the Chinese and Tamil-language papers in the first place if they were genuinely interested in attracting and giving non Malays an opportunity. Further, the Johor government and the Public Services Commission could have worked closely with the MCA, MIC and NGOs in finding suitably qualified Chinese and Indians.

In fact, it would be good to hear from Johor MCA and Johor MIC of what role and what steps they had taken in addressing this gross imbalance in the Johor civil service. May I also propose that if the Johor government and the Public Services Commission are having difficulty in finding Indians to serve in the Johor civil service, they can seek the assistance of the pro-active president of Johor Indian Business Association (Jiba).

I am confident he can easily assist the Johor government and the Public Services Commission. If all efforts fail, I am sure Johor Pakatan Rakyat would be ever willing to assist.
Admittedly, the proximity of Singapore is a lure for many Johoreans to seek employment across the causeway. But I am nevertheless confident that given the opportunity many Chinese and particularly the Indians would want and be willing to work and serve proudly in the Johor civil service.

It is high time the Johor government and the Public Services Commission take proactive and concrete steps to remedy the racial imbalance in the Johor civil service.

THE STRAITS TIMES FRIDAY, FEBRUARY 26 2010 PAGE A27

MATA JELI : A PERSPECTIVE ON INDONESIAN AFFAIRS

Singing praises of Bluebird taxis
By Bruce Gale

PUBLIC transportation in Jakarta is widely acknowledged to be chaotic, uncomfortable and sometimes dangerous. So it is quite a surprise for newcomers to discover that the capital has a taxi service that is second to none in the region.

Bluebird taxis are ubiquitous in Jakarta. Of the almost 30,000 taxis in the capital, about 12,000 are painted in the familiar metallic blue and sport the company’s geese-like logo. Bluebird taxis arrive promptly when booked over the phone, and the company employs drivers who are polite and often competent in basic English. Many passengers can also relate stories of valuable items left in Bluebird taxis being returned to them after they contacted the company.

Private security consultants recommend Bluebird, particularly when travelling around the capital at night. So do some foreign government travel and trade websites. Indeed, the brand has such a peerless reputation in a country so often regarded as offering little more than second or third rate products and services that it seems reasonable to ask how it was accomplished.

The taxi service began in 1965, when two brothers began a rental car company called Chandra Taxi. The company has been trading under its current name since 1972, when the family matriarch Mutiara Djokosoetono mortgaged the family home in order to finance the purchase of the company’s first 25 taxis. Other transportation services now provided by Bluebird include executive taxi services (Silverbird) and chartered bus services. The company also offers logistics services (including freight forwarding) and runs holiday resorts.

Speaking to the The Straits Times earlier this month, company vice-president Sigit Priawan Djokosoetomo said the company owed its success to its commitment to honesty and good service, both to the customer and the drivers it employs.

It all sounds like public relations hype. But a study of the company’s history, together with interviews with various Bluebird taxi drivers in Jakarta who had no idea their passengers was a Straits Times journalist, has convinced me that it is basically true.

Like most companies aspiring to create a sense of pride and professionalism among their staff, Bluebird puts its drivers through a basic orientation course to familiarise them with company policies and procedures. There are also regular follow-up briefings at which drivers are encouraged to share ideas and experiences in dealing with unusual situations or difficult customers.

But the real reason for the company’s success seem to me to be the way this ethnic Chinese family-owned company treats its employees.

Bluebird maintains an unusual arrangements with drivers under which the latter receive a percentage of the total metered fare. Most other taxi companies in Jakarta and around the region - including those operating in Singapore - impose a flat rental fee instead.

Asked about the policy, Mr. Sigit explained that the company felt that its drivers should never be forced to go home empty-handed. But what if the taxi driver avoids using the meter? “We have 12,000 spies,” he replied. Bluebird drivers get rewards if they spot another Bluebird taxi not using the meter. With many Jakartans actively preferring Bluebird taxis over the competition, drivers also have a vested interest in protecting the company’s reputation.

Bluebird maintains 17 depots in Greater Jakarta. Each has its own clinic staffed by doctors - including dentist as well as ear, nose and throat specialist - all of whom are on Bluebird’s payroll. The company also runs its own health insurance which covers each driver’s immediate family. But these are not the only benefits enjoyed by employees. Several drivers The Straits Times spoke to noted that dormitories at the depots also allow those who live outside Jakarta to save on transport costs by working three or four days at a stretch before returning to their families.

For evidence of the success of the corporate culture in changing driver behaviour, Mr. Sigit referred to the situation in Bandung about three years ago, just before Bluebird entered the market. At that time, no taxi in the city offered metered service, and all had bad reputations. “We recruited the existing taxi drivers over there... We trained them. And the day they worked for our company, they switched behaviour. They knew that if they cheated, they would be sacked”.

Bluebird’s success in Jakarta has spawned numerous imitators, but none has yet managed to replicate the company’s winning formula. Struggling to remain profitable during the economic crisis of the late 1990s, President Taxi - formerly a market leader repainted its yellow taxis blue. Today, there are about 19 taxi companies operating in Jakarta and other Indonesian cities that have adopted a similar tactic. Some also display logos similar to Bluebird’s.

But perhaps the greatest compliment has come from Singapore. In November 2008, representatives from the Singapore Taxi Academy, the Taxi Operators Association and various Singapore-based taxi firms visited Jakarta to meet Bluebird executives and learn more about the reasons for the company’s success. Usually, it is the other way around.
bruceg@sph.com.sg

ITS NOT WHITE AUSSIE BILLY BOB WHO MURDERED MOHD SHAH SAEMIN !

Tuesday’s newspapers, reported the brutal killing of Mohd Shah Saemin, who was a driver at the Malaysian consulate in Sydney outside his home in Sydney.

What with the recent incidents of Indian students being attacked In Melbourne and with Australian politicians “meddling” in Malaysia’s internal affairs, it was just too good an opportunity for Malaysian newspapers not to have a go at Australia.

New Straits Times in its editorial leaned on the assumption that the brutal killing of a non white and in this case the killing of a Malaysian Malay was another example of Australian racism, lambasted Australia. Yup ! It’s white man Billy Bob, it assumed.

In its editorial, referring to Australia’s multi cultural population and foreign born citizens which now accounts for five million or 24 per cent of its population it said “ If these flaring of white Australian hostility against outlanders are the last gasp of an old disease, the resilience of the moderate majority should help see Australia and its burgeoning immigrant communities attain, in time, a new multiculturalism among Australians of all origins. It would help, however if Australia’s shapers of opinion and policy pulled their heads out of the sand and woke up to the antipathies on their streets before these dangerous divisions become entrenched beyond redemptions.”.

Strong words indeed and with New Strait Times immediately assuming that the killers of Mohd Shah Saemin must have been some white man Billy Bob and thus the pontification.

Today, its been a case of egg on the face.

The same paper today blaze headline that Mohd Shah Saemin could have been a victim in a crime of passion. And guess what ! its not white Billy Bob who is suspected of killing him. Instead, Indonesian born Hazairin Iskandar is being charged with the murder. Hazairin Iskandar? He definitely is not whiteman Billy Bob.

When NST in its pontification, asked Aussies to pull the heads out from the sand, its pretty obvious that our chaps here had their brains buried inside their arse.

As my dear mother, always said engage the brain before opening your mouth.

SELEPAS 52 TAHUN BN, LIM GUAN ENG MEMBELA NASIB MASYARAKAT MELAYU PULAU PINANG

Termakbul sudah impian dan matlamat Barisan Nasional merebut melalui mahkamah, tampuk pimpinan kerajaan negeri Perak. Kini Barisan Nasional dan khususnya UMNO mensasarkan Pulau Pinang yang dipimpin kerajaan Pakatan Rakyat yang diterajui DAP. Maka, terserlah kebelakangan ini agenda harian memburuk-burukkan kerajaan negeri Pakatan Rakyat pimpinan Ketua menteri Pulau Pinang Lim Guan Eng.

Bertubi-tubi tomahan dilemparkan terhadap DAP dan Lim Guan Eng oleh media arus perdana serta beberapa keparat dari Parti Keadilan Rakyat mengganyang DAP dan Lim Guan Eng. Kononnya, DAP dan Lim Guan Eng dikatakan sedang menindas orang Melayu, meminggirkan orang Melayu,menzalimi orang Melayu serta menghina agama Islam.

Apa yang lebih menakjubkan ialah tuduhan melulu bahawa Lim Guan Eng adalah seorang cauvanis dan rasis dan malahan bersifat kominis. Lim Guan Eng cauvanis dan rasis ? Jika Lim Guan Eng seorang yang cauvanis dan rasis, apakah beliau yang berketurunan Cina sanggup kedepan membela dan menuntut keadilan untuk seorang wanita Melayu bawah umur yang dikatakan telah dirogol oleh seorang ahli politik. Tiada kedengaran atau kelihatan semasa itu suku-sakat yang melaungan kesedian membela bangsa, agama dan negara tampil kedepan untuk membela martabat perempuan sebangsa dan seagama yang teraniaya. Bukan sahaja Lim Guan Eng membela wanita Melayu tersebut tetapi juga reda merengkok 18 bulan di penjara demi dan kerana membela wanita Melayu. Apakah, UMNO-Barisan Nasional boleh menunjukkan mana-mana ahli mereka yang telah melakukan pengorbanan seperti yang dilakukan Lim Guan Eng.

Dalam keghairahan menganyang DAP dan Lim Guan Eng yang dikatakan sedang meminggirkan, menindas, dan menghina orang Melayu dan Islam, apa yang tidak didedahkan atau dipersoalkan ialah mengapa lebih 52 tahun Barisan Nasional memerintah Pulau Pinang, keadaan masyarakat Melayu Pulau Pinang begitu tercorat kebelakang. Tidak dipersoalkan apa yang sebenarnya telah dilakukan mantan Perdana Menteri yang berasal dari Pulau Pinang untuk masyarakat Melayu Pulau Pinang semasa beliau menjadi Perdana Menteri.

Namun, dua tahun Lim Guan Eng menjadi Ketua Menteri Pulau Pinang, beliau telah membawa perubahan paradigma dalam masyarakat Melayu Pulau Pinang sehingga masyarakat Melayu Pulau Pinang di bela dengan adil dan saksama.

Jika masih sangsi, bacalah seterusnya apa yang telah dilakukan Pakatan Rakyat, DAP Pulau Pinang dan Lim Guan Eng.

www.malaysia-today.com

Kini jelaslah, siapa sebenarnya yang telah dan sedang menjaga serta membela masyarakat Melayu Pulau Pinang.

OUR STATE OF ART SUBMARINE CAN'T DIVE

Just when you had giggled your arse off at the jet engines which went missing and wondered what next, as if on cue comes the next joke. Apparently, our spanking new state of art Scorpene submarine KD Tunku Abdul Rahman has developed problems that make it unfit for diving. Yes, a submarine which cannot dive !

According to Minister of Defence Ahmad Zahid Hamidi, “ the submarine can still dive, but when we detected the defects, we were advised not to dive”. Mmm…don’t they do test drive, I mean test dive as in this case to confirm that the submarine purchased can submerge and dive before taking delivery. Instead, we are now relying on the warranty clauses and defect liability clauses.

I hear Singaporeans are laughing their heads off !

THE MYTH OF THE SECRET AGENDA OF CHRISTIANS

The objection to Christians in Malaysia using the word Allah is premised on the two argument. Firstly, that the use of the word Allah could cause confussion or cause Muslims to be confused and secondly, that Christians have a hidden agenda and a secret motive in insisting to use the word Allah. Thus, like a broken record, Zulkifli Nordin and other like minded ilks and minions are unrelenting in their zeal that Christians cannot use the word Allah as in their view it is exclusive to Muslims.

Pray, may I ask, if there is any proof that Christians in Malaysia have been confusing Muslims in Malaysia by using the word Allah or that Muslims have become confused by Christians using the word Allah.

Empirical data shows that the oposite has been happening and it is not the Christians who have been confusing Muslims or having a hidden agenda trying to convert Muslims. Milenia magazine, February 2010 edition refering to Jakim's portal lists out 55 deviant groups. They are (at pg.29): Nasrul Haq, Budi Suci, Al-Watan, Budi Suci Sejati, Jawa Faradin, Silat Sunda Pukulan Ghaib, Tusuk Hikmat, Ilmu Kebatinan, Potong Maya, Naluri, Kaula, Haqqullah Syahadah, Rampai, Wali Suci, Kalimat sakti, Silat Pukulan Jarak Jauh, Ilmu Tenaga Dalam Hikmat, Zikir Sha'ban Islam Haq, Asala wujud Garis Laksamana, Al- Maazat, Trancendentral Meditation- Maharisi Mahish Yogi, Ilmu Kebatinan, Abdul Manan Bin harun menolak Hadis, Ilmu Mentauhidkan Allah oleh Nasrun ST Qahar, Kumpulan Ikhwan/Al-Mas, Kuasa Ghaib, Mohd Nordin Putih, Nasrun ST Qahar, Roslan Katimum atau Ajaran Wali Sembilan, Tarekat Naqsyabandiyah Kadirun Yahya, Wali Sembilan, Khatijah Binti Ali, Syed Mutalib Bin Syed mohd Nordin, Ajaran Mohd Seman Al-Banjari, Al-Arqam, Golongan Anti-Hadis, Ajaran Juruzon Bin Abdul Latif, Syiah, Ajaran Haji Ghazali Othman Hulu Kelang, Ajaran Haji Kahar Ahmad, Ajaran ilmu Tajali Ahmad, Ajaran Ilmu Tajali Ahmad laksamana, Ajaran Ilmu hakikat @ Dumin Hulu Langat, Tarekat Mufaridah, Ajaran Hassan Anak Rimau, Tarekat Aurad Ismaiiliah, Ajaran Martabat Tujuh, Tarekat Samaniah Ibrahim Bonjol, Ajaran Sulaiman (Bahtera Nabi Noh, Ajaran Ilmu Hakikat Hassan Bin Jonit, Ajaran Ahmadiah, Ajaran Mohd Nor Seman, Ajaran Ayah Pin, Al-Maaunah, Ajaran Azhar Wahab, Ajaran Haji Banuar.

These movements which according to Jakim are deviant groups and are out to confuse Muslims. Don't these groups who have and or are confusing Muslims pose a greater threat and actual danger to Muslims than the misconceived perceived danger by Christians and which ought to concern Zulkifli Nordin and his merrymen?

According to Milenia (at pg.22), some of these movement have redefined themselves. For example, Al-Arqam have redefined to Al-Rufaqa and now as Global Ikhwan. Infact, according to the Mufti of Selangor, even learned professionals are involved in these movements. According to him (at pg.13) ".. guru ajaran sesat berselindung disebalik agama dengan menyebarkan dakyah yang apabila diselidiki ternyata bercanggah dengan Al-Quran dan Sunnah serta mempunyai motif yang tersirat."

Thus, it begs the question, who is actually confusing Muslims and who is having hidden motives or motive?. The Herald for example dutifully, complies with the Home Ministry's requirement to place in its masterhead that the newspaper is "For Non-Muslim's Only". Clearly, the Herald cannot cause confussion since its target audience is Non Muslims and no one else. Since the Herald is for Non Muslims, there is no reason for Muslims to read the newspaper.

Similarly the unfounded allegation that the ultimate motive and agenda of the Christians is to convert Muslims is also without any basis. Christians know very well that it is an offence to evangelise to Muslims. Still, it does not stop some miscreants making allegations of thousands of Muslims becoming apostates. The Mufti of Perak once caused a national sensation claiming that 100,000 Muslims had apostasised, while 100,000 more have sought to do so. Naturally, the immediate focus was on the Christians. But the truth revealed, when Dr Mohd Azam Mohd Adil of Universiti Teknologi Mara said that his studies showed that based on the figures by National Registration Department, for the period between 1999 and 2003, there were only 220 changes of names from Muslims to non Muslims and not the 100,000 that had apparently converted and 100,000 awaiting to do so, as was sensationalised by the Mufti of Perak. It is worth knowing that, Jakim's statistics show that between 1990 and 2001, 11,818 Sabahan's and 9,603 Sarawakians converted to Islam and by far the two states with the highest number of Muslim converts.

In fact any perceived danger to Muslims in truth does not come from the Christians. On the contrary, it is deviant Muslims groups which gives concern. The Malay advocacy group Teras head in 2006 said that the leader of Ariffin Mohamed's Ayah Pin sect had between 5,000-10,000 Malays. Just imagine what may be the number of followers for al-Arqam/ Rufaqa/ Global Ikhwan or other deviant groups which are regularly exposed.

So, what is the secret motive or agenda of the Christians which Zulkifly Nordin and his ilks and minions continue to sensationalise and cast false aspersions that Christians are proselytising to the Muslims and planning to convert Muslims. To prove his point, Zulkifly Nordin has even waved in the air some written material purportedly by Christians to show proof of the Christian agenda. Those written pamplets could also be someone's mischief making against the Christians, as proven in the recent surau burning incident in Muar when the perpetrators who did the act were not (thankfully) Christians.

So, the argument that Christians of trying to confuse non Muslims or that there is a secret agenda and motives by the Christians to convert Muslims is nothing more than seeing ghost where there is none. If only Zulkifli Nordin and others like him care to realise.

WHEN YOU DO NOT UNDERSTAND ENGLISH





The Picture says it all.

What is amazing is that no one in the hall noticed it.

Read the Danger of not understanding English, http://www.malaysiatoday.net/

VERNACULAR SCHOOLS NOT CAUSING DISUNITY

Recently, Prof. Emeritus Tan Sri Khoo Kay Kim proposed a restructuring of the national education system, including the implementation of a single stream, to ensure attainment of the goals of 1 Malaysia. As often the case, vernacular schools and principally Chinese schools has been singled out as being the root cause for polarization and the lack of national unity. However, to fault vernacular schools for the cause for polarization and disunity is premised on multiple fallacies.

Many urge the government to follow in the footsteps of Singapore which has abolished vernacular schools. However, they conveniently forget that in Malaysia, vernacular education is a right guaranteed by constitution and by acts of parliaments. Vernacular education is part of the social contract. That right ought not to be questioned and the right to vernacular education is the right of the Non Malays and cannot be compromised. Thus, to call for abolishment or single stream is nothing but being seditious.

Those who continuously fault the vernacular schools ought to be reminded that it is the desire and wish of every parent to see their children mix, study and play with children of other races. After all, the parents themselves were often the products of national schools where students of different races and religions studied, played and interacted together and forged friendship which extended long after they left school.What those calling for single stream education and proponents for abolishing vernacular schools, fail to admit is that vernacular schools in the past were not necessarily the schools of first choice of Non Malays. Non Malay parents sent their children to English medium schools simply because education was in English, The schools had good teachers and English medium schools provided school leavers better career opportunities. In fact Chinese schools such as Han Chiang High School in Penang were on the verge of closing down because of falling attendance and in the 70’s had to depend on students from Indonesia and Thailand to survive. Now the reverse has happened.According to statistics, Chinese parents who sent their children to national schools have fallen from around 50 % in the 1970’s to about 6% in 2006. The NST November 19, 2008 reported that 9 out of 10 Chinese send their children to Chinese schools. Today, there are approximately 630,000 students studying in 1288 Chinese primary schools. Those blaming vernacular schools and particularly Chinese schools ought to know that there are almost 60,000 Non Chinese students studying in Chinese schools and a substantial proportion of the students are Malays.

Even, more alarming is that, Tamil parents and particularly Tamil professional who were educated in national schools are now beating a path to Tamil schools. Today, approximately 100,142 students study in 523 Tamil schools, despite the fact that many Tamil schools lack the facilities national schools or Chinese schools have.

With Chinese and Indian parents abandoning national schools for vernacular schools, the national schools not by choice, have taken on the image of “sekolah Melayu”. Those advocating single stream never bother to ask why have Non-Malays abandoned national schools and they are no more the school of first choice.

Rightfully those advocating single stream education or proposing closure of vernacular schools ought to ask the parents of the 60,000 Non Malay students ( a substantial proportion being Malays) studying in Chinese schools, why did they as Malays abandon national schools which have better facilities, teachers and students of same race and religion and instead choose to send their children to Chinese schools where their children are a minority, and be exposed to Chinese culture, Chinese religious believes or having to eat in the school canteen which is more likely to serve food which may not be halal. Malay parents seeing the benefits of Chinese education who are also abandoning national schools for Chinese schools. If Chinese schools are indeed the root cause of disunity then questions must be asked why Malay are beginning to see Chinese schools as schools of first choice.

Instead, they repeat the decade old polemics blaming vernacular schools for causing racial polarization and disunity. Further, they also conveniently choose to ignore that there are also schools which are exclusively for a single race, religious schools of a particular religion, universities catering to a single race and universities with religious orientation of a single religion. Are not the existence of these schools and universities not equally divisive? What logical justification is there to call for single stream education in primary schools and then allow divisive secondary and tertiary education.

Malaysia is unique with its multiracial, multicultural and multi religious population. The role of a school is not only to create a learning atmosphere. In Malaysia schools have an added responsibility in that it ought to be a place where students are taught to value and celebrate diversity. Students should be taught to acknowledge and respect each other’s culture, language and religion and to be imbibed with a sense that each other’s cultural, language and religious diversities are part and parcel of our national heritage and that this uniqueness should be treasured and protected by all. Schools must inculcate multiracialism, multiculturalism and multireligionism. The question is whether the national schools are doing this. The character of national schools have changed and have become overtly and overwhelmingly Malay-Muslim. Malay-Muslim centred actions and policies have caused the exodus of Non Malays from national schools.School administrators and the principals in some national schools have turned the school and the school’s culture’s dominantly Malay-Muslim centred. While great effort is taken to continuously remind the Non Malay students about respecting Malay cultural mores and religious sensitivities, the same is not done when it comes to Non Malays cultural and religious sensitivities and even worst they are blatantly indifferent to the sensitivities of the Non Malays. Here is a letter which appeared in Malaysia-Today news portal where a parent wrote:-“In my children’s SK school, the Hari Raya holidays are stretched to well over a week to accommodate the Malays. Replacement classes are planned months ahead and notification letters are sent out very early. However, when it comes to Chinese New Year, not a single extra day is given-not even for the kids who have to travel to make it to their home town. Mind you, Malays make up roughly 50% of the student population.”

Razak Baginda who was then the Executive Director of Malaysian Strategic Research Centre is quoted in the International Herald Tribune June 7, 2005 as saying that his “dauughter complained that the religious teachers are the culprits, They inculcate very negative views of the other religions. They are always have them and us attitude that is very destructive.”This is merely one example. Many Non Malay parents also complain that while the school has religious and religious activities for Muslims students, it is near impossibility to have the same for Non Malay-Non Muslim students. In some school classes are segregated according to race and religion but giving time-table convenience as an excuse. Some schools even forbid their students from wearing shorts for physical education.

Thus, it was not a surprise when in 2002, the then Prime Minister, Tun Dr Mahathir Mohamed without mincing his words said that national schools system has been hijacked by obscurantist interested in Islamic practices that emphasise form over substance.

Add to the changing landscape of national schools, is a perception problem. Many parents lament that that the standard of teaching in national schools has deteriorated. A lecturer at the Teacher’s Training College in Johor Bahru once lamented about the quality of the trainee teachers. According to him, many of these trainee teachers hardly have a passion for teaching and that teachers training college was their last choice after having failed to secure a place in the universities or other colleges.

Thus, the attraction to teaching is simply its perks - half day session, five day week and the long term breaks and more importantly job security. Many have the perception that in national school, many of the teachers seem to be disinterested and unmotivated and instead some are more interested in molding the children for the hereafter.Rightly or wrongly many believe that vernacular schools and particularly Chinese schools have dedicated teachers with a reputation for quality, rigour and working their students hard. Could this be the reason why more than 60,000 Non Chinese students now study in Chinese schools ?

I believe the exodus in such droves from national schools to vernacular schools would not have happened had the government been far sighted and been quick to arrest the problem. Why did the government wait until almost 90% Non Malay students abandon national schools before recognizing that there was a problem Surely the government ought to have known about overzealous school administrators with their own agenda and about teachers who permeates ill feelings and racism. The government must have known about the gradual malay-nisation of schools. There have been cases of Non Malay students who were racially abused to the extent of being called monkeys. Such teachers rightfully out to have been dismissed forthwith and criminal action initiated. Instead they were sent for counseling.

Prime Minister Dato Seri Najib Tun Abdul Razak has rightly pointed out that any move to a single stream education would require a big paradigm shift and it will only change if the people are ready to make a change and if the society is not ready, the government will carry on with the existing system.

That paradigm shift, I believe must come from the government. If only the government can walk the talk of 1 Malaysia, take the necessary steps to overhaul the standard of national schools, enhance the quality and standard of teaching, ensure that schools are free from zealots and racist, employ teachers and administrators who truly subscribe to multiculturalism and multi-religionism, make the teaching of vernacular education mandatory and recreate the atmosphere of yesteryears (ie pre- Merdeka), it is possible that national schools could regain its past glory and its rightful place in Malaysian education.

Norman Fernandez, was a 1 Malaysia student of La Salle, Sentul.

RM254 BILLION - KE MANA?

Lucu Geli Geliman
mendengar Tun Det tiba-tiba tersedar diri menyoal
kemana perginya 'lion-'lion
apa terjadi pada RM254 'lion duit lombong.

Lucu Geli Geliman
mendengar Tun Det menyoal bertanya
padahal yang bertanya
lebih tahu dari yang ditanya.

nukilan,
Norman Fernandez
dalam bas JB-KL
22.07.2009