Malaysian Indian speaker can engage own lawyer: Court of Appeal

Kuala Lumpur, March 13 (IANS) The Indian origin speaker of Malaysia’s Perak state assembly, V. Sivakumar Friday won an appeal in court to appoint his own lawyer to fight suits filed by two parties, instead of being represented by the state legal adviser.

The Court of Appeal said there “is no provision in any law that the speaker must be represented by the state legal adviser. (He) is not a state officer or a government of the state under Section 24(3) of the Government Proceedings Act 1956″, the Star newspaper reported.

“We uphold that the speaker is at liberty to engage his own private advocate and solicitor,” said Justice Mohammed Raus Sharif who sat with Justices Abdull Hamid Embong and Ahmad Ma’arop.

The ruling overturned the orders given by Judicial Commissioner Ridwan Ibrahim March 3, 5 and 11, insisting that Sivakumar could only be represented by Perak state’s legal adviser.

He said that Sivakumar, as the presiding officer of the legislature, was “part of the government”.

The ruling gives a fresh twist to the ongoing controversy on Sivakumar’s action last month of suspending from the legislature Perak Chief Minister Zambry Abdul Kadir and all six of his ministers.

Sivakumar wanted his own counsel to represent him in the suit filed against him by the chief ministers, the ministers and three independents whom he had expelled.

Why Najib must be stopped from becoming PM?

Minister Nazri Aziz’s barefaced denial of any wrongdoing by the attorney general and inspector general of police in Anwar Ibrahim’s black eye case in the face of incontrovertible evidence is an affront to common decency and an insult to people’s intelligence.

Answering a question in Parliament on Mar 11, Nazri said the then Anti-Corruption Agency (now the Malaysian Anti-Corruption Commission) (MACC) had completed the investigations and concluded as early as September last year that both AG Gani Patail and IGP Musa Hassan were innocent of Anwar’s written complaints of fabrication of evidence. If that is the case, why didn’t the AG’s chamber use this conclusion to counter Sessions Court Judge Komatty’s decision to reject AG’s request to transfer Anwar’s sodomy trial to the High Court on ground of AG’s entanglement in the black eye case? Shouldn’t the prosecutors have used the AG’s “confirmed” innocence as the perfect argument in the first instant, instead of fighting doggedly from one court hearing to another just to ensure that Anwar’s trial could be taken away from Komatty and transferred to another judge in the high court?

Coming on the heal of a spate of daring and shameless breaches of the constitution and the laws beginning from the illegal power grab in Perak, this Nazri move to cover up for AG & IGP is perceived as the latest manifestation of a new pattern of lawlessness demonstrated with increasing boldness and arrogance by practically all the institutions of state that include the election commission, police, judiciary, prosecutors, civil service and MACC.

GLIMPSES OF THE NAJIB ERA

It is no coincidence that this new phenomenon of crass contempt for the rule of law only cropped up after Prime Minister Abdullah Badawi passed on the effective running of the country to prime minister-in-waiting Deputy Prime Minister Najib Razak at the beginning of this year. Let us take a brief look at some of these events.

On Feb 3, the Election Commission illegally usurped the authority of the Speaker of Perak state assembly to reject the resignations of Pakatan Rakyat (PR) assemblymen Jamaluddin Radzi and Osman Jailu, and refused to conduct by-elections in their respective constituencies.

The next day, Najib suddenly appeared in a press conference with four so-called ‘defectors’ from Pakatan Rakyat, after more than one week of cloak-and-dagger political machinations of “mysterious disappearance, hopping, double-hopping, kidnapping and bribery”. Najib claimed that Barisan Nasional (BN) had the majority to rule Perak with the assembly tied at 28 vs 28 with ‘3 friendly independents’, though the resignations of these ‘3 independents’ had already been accepted by the Speaker.

On Feb 5, after granting an audience to Najib and assemblymen supporting BN, the Perak Sultan ‘ordered’ Menteri Besar Nizar Jamaluddin and his cabinet to resign in a press statement. But Nizar declined to resign on the ground that he had not lost the support of the majority of assemblymen and instead, he reiterated his request for the Sultan’s consent to dissolve the assembly for a fresh election to resolve the political impasse.

The next day, the Sultan appointed a new Menteri Besar, Zambry Kadir.

Meanwhile, Mentri Besar Nizar (who has not resigned to this day) and his cabinet were physically evicted by the police from the state government building, almost immediately after the Sultan ‘ordered’ Nizar’s resignation on Feb 4. However, Nizar and his cabinet have continued to carry out their duties, initially at the official residence of Mentri Besar, and later at another office after moving out from his official residence.

While both Nizar and Zambry and their respective cabinets have been functioning in parallel, a number of suits and counter suits have been filed between the two camps to claim legitimacy of government.

THE TREE OF DEMOCRACY

Confrontations between the two camps came to a head when the Speaker V Sivakumar called for an emergency sitting of the assembly to be held on Mar 3, which was rejected by Zambry as ‘unlawful’. On the eve of the meeting, a circular appeared in the Secretariat Building to say that entry to the building (where the State Assembly is housed) would be closed the next day. And Perak Chief Police Officer Deputy Commissioner Zulkifli Abdullah warned that no one, including assemblymen, should gather at the building, upon advice by the pro-BN Assembly Secretary Anton Sabri that the emergency session was ‘invalid’.

The Speaker however warned that neither CPO Zulkifli nor assembly clerk Anton should try to thwart a legitimate sitting of the assembly duly convened by the speaker, as any such attempt would be deemed a breach of Section 124 of the Penal Code, an offence punishable with seven years of imprisonment.

On the morning of Mar 3, PR assemblymen were denied entry to the State Assembly by a barricade of riot police under the command of Ipoh OCPD Asst Comm Azisman Alias who warned the assemblymen to disperse at pain of arrests. Also physically repelled by a group of rowdy BN supporters who threatened violence, the assemblymen retreated to a rain tree nearby, where the emergency sitting was formally convened by Speaker Sivakumar. This rain tree has since been celebrated and commemorated as the “Tree of Democracy”.

In this melee, a series of breaches of law were committed by public servants – State Secretary, police, Assembly Secretary – who failed to maintain neutrality and non-partisanship in politics in the current power struggle between PR and BN:

Pro-BN State Secretary Rahman Hashim for illegally giving order to seal off the State Secretariat Building.

Pro-BN Assembly Secretary Anton Sabri for usurping the authority of the Speaker to interpret the laws governing the state assembly.

Pro-BN CPO Zulkifli Abdullah for illegally deploying his force to thwart a legitimate assembly sitting based on his ridiculous decision to accept the word of the assembly clerk instead of the rightful authority which is the speaker.

All three have breached Section 124 of the Penal Code.

All three are guilty of political partisanship, in violation of the civil service code to maintain political neutrality and their vows to uphold the constitution.

SHAMEFUL COURT SCENES

On the same day of the assembly under the rain tree, the tussle for power between PR & BN took place in another arena – the Ipoh High Court, where Judicial Commissioner Ridwan Ibrahim granted an order whereby Speaker Sivakumar “is restrained from convening any unlawful meeting purporting to be a meeting of the Perak state legislative assembly.”

I regret to say that J C Ridwan has brought disrepute to the judiciary due to multiple irregularities as well as hollowness of substance of the order.

In the first place, when he gave the judgment on Mar 3, his tenure as judicial commissioner (a probation judge) had already expired (on Feb 28) and hence the court hearing was unlawful. (Subsequent belated renewal of Ridwan’s contract could not validate his judgment, as at the material time when the judgment was made, Ridwan’s status as judge had lapsed.)

Second, he illegally barred Sivakumar’s lawyers from representing him and instead assigned the assistant state legal adviser Zulkarnain Hassan to represent him without his consent. This is a ridiculously unjust imposition on Siva, as the state legal adviser Kamal Shahid is in the enemy camp, not only representing Zambry in a Nijar vs Zambry suit, but has also been publicly named by Nizar as one of the five architects who plotted the fall of PR in Perak. Besides, Siva had never authorized or talked to Zulkarnain.

Third, J C Ridwan’s refusal to hold the hearing in open court on such an important case of public interest was unreasonable and smacks of suspicious intent.

Fourth, Ridwan gave his order in unacceptable haste, having deliberated for only 10 minutes on a 90 minute submission by Zambry’s lawyers without Siva’s participation. Since this is a case which might be argued for having infringed on the constitutional principle of separation of power, it is not possible for Ridwan to do justice without hearing the full arguments on these constitutional aspects from both parties and without him deliberating fully over the issues raised.

As for the substance of Ridwan’s order, he only prohibits unlawful meeting. Ridwan’s logic is puzzling. If a meeting is unlawful, it is null and void. Is there any necessity to prohibit it then?

Sad to conclude, what we witnessed in the Ipoh High Court, is a fumbling probation judge who, in his over-eagerness to comply with the wishes of BN, has transgressed fundamental justice. One may ask, why should the court have assigned such an important case to such an inexperienced probation judge (whose tenure had lapsed to boot), if there was no evil design? This is but one of many examples that our judiciary continues to mire in a state of utter impairment.

CONTINUING SABOTAGE

While these debacles in Perak are going on, relentless sabotage has been carried out against the PR governments in Kedah and Selangor. These are in the form of harassment on PR assemblymen to defect or to quit, with bribery and threats and even sexual scandal.

In Kedah, various PR assemblymen reported offers of millions of ringgit to hop party. Notably, assemblyman Arumugum was so severely harassed with bribery and threats that he resigned his seat and escaped with his entire family to India to avert possible damage to his party. These incidents have been repeatedly reported to the police and MACC, but no effective action has been taken.

In Selangor, MACC chief commissioner Ahmad Said Hamdam openly and dubiously accused Mentri Besar Khalid Ibrahim of abuse of power over the petty issues of maintenance of his personal car assigned for official use, and the distribution of 46 cows to the poor during an Islamic festival, after a swift investigation; while shamelessly kept mum over numerous reports of multi-million corruption against BN leaders which cases have been sleeping for years without any action. PR Assemblywoman Elizabeth Wong was harassed to resign her seat after her nude picture secretly snapped during her sleep was exposed in BN-controlled media. Though the suspected culprit was known, the police made no effort to bring him to book.

These blatant double standards practiced with increasing frequency and vulgarity by law enforcing agencies, judiciary and prosecutors, and their overt political partisanship have disgusted the public and caused the popularity of BN in general and Najib in particular to plunge. But instead of making reforms to salvage public support, UMNO has pursued the opposite course of lawlessness and repression under the de-facto leadership of Najib.

Little wonders that the people are increasingly apprehensive whether Najib will bring the country to a state exceeding the darkest days of Mahathirism, now that they have seen the reckless destruction of political tranquility in Perak under PR’s exemplary rule of racial unity and clean and pro-rakyat government.

THE ALTANTUYA CURSE

On top of these worries is the curse of Altantuya’s murder which hangs over Najib’s head like a Damocle’s sword. Najib should realize by now that no matter how many times he swears he is innocent, he could not possibly have cleansed himself of this taint, unless and until he and his aide-de-camp Musa Safri are subject to a proper investigation and exonerated by a court of law perceived as just and fair (not the present court).

Now that Najib is about to take over the batten from Pak Lah, we may ask ourselves the final question: Do we want to see a Malaysian prime minister dashing around the international arena with the Altantuya tag hanging on his neck, as world leaders could not possibly be unaware of this Altantuya taint?

By Kim Quek

Rajiv Gandhi Assasination Conspiracy

Velu Samy says that there are enough evidence to prove that Indian Intelligence Agencies and few other Indian politicians such as Dr. Subramanian Swamy (a close friend of Rajiv Gandhi) had prior knowledge about Rajiv Gandhi's Assassination, therefore they are the one who must be responsible for Rajiv Gandh's death.

Malaysia's Rulers Want Lese Majeste Law

Malaysia's Royal Palace What's good enough for Thailand is good enough for us Apparently unfazed by the pickle that Thailand has got itself into with its stiff laws against insulting the royalty, at least one of Malaysia's royal families say they will ask the country's Conference of Rulers to seek the restoration of powers and protections former Prime Minister Mahathir Mohamad took away from them in the 1990s. Thailand' s government has come under increasing international criticism for using the so-called lese majeste laws against the press and opposition figures. Nonetheless, according to local media, the Kedah Royal Household Association will ask the Conference of Rulers to seek the restoration of immunity to ensure that "certain parties" would not "belittle the Malay rulers who are the pillars and protectors of the strength of the Malays." Over the past two months, the United Malays National Organization has been manufacturing a crisis over alleged insults to Raja Azlan Shah, the Sultan of Perak, whom the opposition wants to sue over his decision to name an UMNO chief minister in the state after three lawmakers aligned with the Pakatan Rakyat, the national opposition coalition, quit and reduced the Perak legislature to a 28-28 tie. The opposition, which won the statehouse in national elections a year ago, refused to give up power. Karpal Singh, an Indian lawyer and national chairman of the opposition Democratic Action Party, announced he would sue the sultan for what the DAP regarded as an illegal action. That has kicked off an inflated political crisis in which more than 100 UMNO members filed police reports charging Karpal with insulting the sultan – although Mahathir in a February 14, 1993 speech asked that the parliament strip the sultans of their immunity under the law, accusing them of giving away parts of the country to the British, oppressing the people, breaking civil and criminal laws, misusing the money and property of the government and pressuring government officials. The measure specifically included a provision to allow commoners to criticize the Sultans, even the Yang di-Pertuan Agong, or king without fear of the Sedition Act other than questioning the legitimacy of the monarchy itself. It was passed overwhelmingly by the parliament, apparently without outcry over Dr Mahathir's tough treatment of the country's nine monarchs. Mahathir's law appears to have been largely forgotten by UMNO members, who are seeking to use insults against the sultans as a cudgel to whack the opposition, but to prove their own loyalty to the Malay cause as the ethnic political party readies itself for internal April elections. How long this will continue is questionable. The ruling coalition probably has little interest in actually giving the sultans back the powers they enjoyed until Mahathir took them away. The UMNO district elections scheduled for 24 to 28 March will see 269 candidates vying for various posts in the Supreme Council and the three wings in the party. The job of president of the party has already been taken by Najib Tun Razak, despite the grwoing controversies over corruption allegations, and lately strong-arm tactics in wooing away opposition members. However, lesser party positions are up for grabs with a large number of young reformers seeking power at the grassroots level. Swearing undying loyalty to the Malay cause and the sultans apparently is felicitous politics for everybody. However, once the intraparty smoke fades, the sultans are likely to find themselves back on UMNO's back burner. Nonetheless, Tengku Zainol Rashid Tengku Yahya, head of the Kedah family association, told local reporters the request to reverse the Mahathir laws would be made in Kuala Lumpur "soon" by 250 non-governmental organisations (NGOs) to express loyalty to the Malay rulers. "If immunity is restored, the issue of mocking the Malay rulers will probably not arise," he told reporters. Perhaps the sultans should send a scouting party to Thailand, just over the Kedah border , to see what effect lese majeste laws have. So far, Thailand has shut down more than 4,000 websites deemed to be critical of the royal family, which is considerably more revered in Thailand than Malaysia's sultans, who until the latest blowup had been famous for persuading local governments to take over debts from failed business enterprises, bailing them out of massive debts incurred in London's casinos, and occasionally turning a blind eye to physical violence against the populace. At least 11 people remain in prison in Thailand for insults against the royalty as slight as not bothering to stand up for the royal anthem in movie theatres or making sarcastic remarks on the internet. One would-be Australian author was jailed for three years, although later pardoned by the king, for including what appeared to be a wholly accurate description of Thailand's crown prince in a a2006 novel that sold six copies. The latest bust was last Friday, when when two van-loads of police descended on the offices of Prachatai, a leading independent Thai-language website in Bankgkok, to arrest Chiranut Prempreecha, the woman who founded the website and serves as its coordinator. Chiranut was later taken to Bangkok's Payatai Police Station for questioning, as red-shirted protesters thronged the area, and charged with carrying Internet content on Prachatai that threatens national security. The use of lese majeste laws against Thai citizens has done little more than earn the government widespread criticism for using the laws for political purposes rather than protecting the king. If anything, the resulting controversy is cutting even more into the country's reverence for its long-serving monarch. Reporters Without Borders, the international press protection organization, called it "disappointing for a country that has in many ways been a model for press freedom." The Malaysian authorities have in particular gone after Raja Petra Kamaruddin, the editor of Malasia's most popular Internet site, Malaysia Today, who has indefatigably accused the government and particularly Najib government of corruption and worse. He was arrested last year and charged with sedition and criminal libel and was detained under the Internal Security Act, which in effect allows for indefinite detention without habeas corpus. In February, they also went after Asia Sentinel correspondent Yoong Yui Foong, who writes under the name Jed Yoong, for what were deemed seditious comments against the sultans in her blog, http://jedyoong.com. In a description of what had happened to her, Yoong said she had been called into the Bukit Aman Commerical Crime Department's Cyber and Multimedia Crime Investigation Unit on February 23. "Under tremendous pressure, with my hand phone taken away from me, facing two officers and one or two that came in and out, I felt I had no choice but to give and sign a statement against my wishes in order to ensure my safety. (One official) at many points refused to allow me to give the answers that I wanted to give and changed my statement many times to fit his preferred answers. I was also not allowed to see the police report and had no idea why I was being interrogated. At 10 that night, she said, four police accompanied her to her family home and seized her computers under the Sedition Act. They drew floor plans of the house, took photos, recorded videos and confiscated her laptop, its power cable, a desktop CPU, a router and a modem. "I feel that I am being set up by the police and my rights have been violated as I've not been shown the police report, my statement was taken from me under conditions in which I feared for my safety, items were seized from my house and I've not been advised by the police to get legal representation," she said. She also lost her cellphone.

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Fifty-Dollar-an-Hour Earning Power

by Clare Kaufman

Imagine that every hour you spend on the job makes you fifty dollars richer; two hours, and you're up to three figures; a year of full-time work, and you've got a six-figure salary. Fifty-dollar-an-hour careers net eight times the federal minimum wage. Only five percent of Americans command this kind of money. With the right online degree, you can be one of them.

The following career paths will give you $50-an-hour earning power.

1. Pharmacist

Earnings (2007): $48.31/hour $100,480 salary

Health care workers are gaining earning power by the day, as an aging population boosts demand for qualified professionals. Pharmacists play a critical role in long-term care regimens, dispensing medications and advising patients about their use, possible side effects, and interactions with other drugs. Demand for pharmacists is expected to grow by twenty-two percent through 2016.

A licensed pharmacist holds a Doctor of Pharmacy degree. The qualification, which has replaced the bachelor's degree in Pharmacy, is much more accessible than a medical or doctoral degree. It begins with the standard two-year undergraduate core curriculum, followed by four academic years (or three calendar years) of professional pharmacy career training. About a quarter of the Pharm.D. program is dedicated to hands-on training in a clinical setting. If six years of college education seems daunting, consider embarking on a pharmacy technician career with a two-year associate's degree, and pursuing your Pharm.D. online while you work.

2. Actuary (Management & Technical Consulting)

   Earnings (2007): $51.48/hour $107,080 salary

   In the wake of two major economic bubbles--the 2001 tech revolution and the 2008 mortgage crisis--better risk analysis suddenly looks like a good idea. The private sector is already putting renewed emphasis on calculating and hedging risk. Actuaries specialize in risk assessment, analyzing statistical data to calculate the probability of different outcomes and forecast risk.

   Numbers are the basis of an actuary's job. A bachelor's degree combining mathematics and business courses offers the best preparation for actuarial work. Some online degree programs offer a specialized program in actuarial science, but a bachelor's degree in statistics, corporate finance, economics, or business will also offer the appropriate career training. Job opportunities look strong through 2016, with 24 percent growth predicted across the industry. The Department of Labor indicates the most optimism for health care and consulting firm jobs, where demand and earnings are highest.

3. Marketing Manager

   Earnings (2007): $54.52/hour $113,400 salary

   While engineers and industrial designers develop a company's goods and services, marketing managers determine how to make money from these products. Marketing professionals develop pricing strategies, monitor market trends, and oversee the presentation of the product. They are, in effect, the liaison between the company's product or services and its customer base. As a marketing manager, expect to add management and leadership skills to your job description.

   Marketing managers may enter the field in a junior position with a bachelor's degree, preferably in business administration. But to advance to the $50-an-hour club, head onward to a master's degree in business administration. The MBA is widely available online to accommodate working professionals. Many aspiring managers will start on the ground floor as a marketing associate and gradually build the experience and qualifications for a management role.

4. High School Principal

   Earnings (2006): $44.70/hour $92,965 salary

   K-12 education administrators enjoy the perks of a teaching career--helping students, summers off--without the "labor of love" salaries. In fact, the administrators at the pinnacle of their profession earn close to six figures. High school principals develop and coordinate the school's program, implementing a curriculum, monitoring students' progress, and managing the school's budget.

   Administrators often start their careers as teachers and work their way up to a leadership role as they gain the necessary experience and credentials. A master's degree in education administration (M.Ed.) is the standard qualification for a principal's job. These degrees are available online, making them accessible to working teachers.

5. Petroleum Engineer

   Earnings (2007): $54.75/hour $113,890

   Engineers command the highest starting salary among bachelor's degree holders--and petroleum specialists rank at the upper end of the engineering salary spectrum. Demand for qualified petroleum engineers is expected to soar in coming years, as energy issues dominate the national agenda. Petroleum engineers create and optimize methods of extracting and processing oil and gas.

   A four-year bachelor's degree in engineering is all that stands between you and a petroleum engineering career. Look for a program with a specialized energy or petroleum engineering curriculum. Hands-on design and development training offers the best preparation for a $50+/hour career in R&D.

Many industries offer the promise of $50 and up at the top of the career ladder. Online programs are making it easier than ever to join the elite ranks of your profession. Earn while you learn, and you'll be on track to make every minute on the job count.

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This article is sponsored by Keller Graduate School of Management

A degree from Keller gives you the credibility to succeed in your career, whether you are the just starting out, already in the work force or contemplating a career change.

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