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Malaysia’s election system drawn to sustain BN’s dominance, don tells forum

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http://www.themalaysianinsider.com/images/uploads/2013/may2013/voting-may23.jpg

The first-past-the-post system will always be advantageous to BN, a forum was told last night.

(TMI) - Barisan Nasional’s (BN) rule will continue as long as Malaysia uses the first-past-the-post voting system despite redelineation, academic Amer Saifude told a forum here last night.

The Universiti Malaya Centre for Democracy and Elections (Umcedel) deputy director said the expected redelineation of constituencies by year-end would benefit Prime Minister Datuk Seri Najib Razak’s coalition and even better its Election 2013 performance.

“As long as we practice this first-past-the-post system, it will be advantageous to BN,” Amer told a forum on the 13th general election outcome.

“History has shown that every time there is a re-demarcation process, BN would perform better,” he added.

Despite winning only 47 per cent of the popular vote in the May 5 elections, Najib saw his coalition keeping the government with a simple majority, bagging 133 federal seats against Pakatan Rakyat’s (PR) 89.

Amer pointed out that Najib was the first BN chief to score a weaker mandate in his maiden bid for power, a reflection of the faulty fundamentals of the first-past-the-post system.

The Umcedel deputy director said the system’s glaring defect could be seen in how BN, bar a few exceptions, had never won the popular vote by more than 60 per cent but yet managed to win a huge number of the seats it contested in.

He also highlighted how several constituencies nationwide had been gerrymandered without reasonable justifications.

“Sometimes you see the re-demarcation is illogical and unfair… the redelineation process is often made to serve the interest of certain parties,” he said.

The panel of speakers at last night’s forum. — Picture by Saw Siow FengAmer, however, noted that any move to redraw the constituencies must first have the consent of at least half of the members of the Dewan Rakyat.

PR federal lawmakers have signalled their intention to make full use of their increased parliamentary numbers to ensure constituencies are fairly redrawn when the Election Commission (EC) kicks off the redelineation exercise this year-end.

PKR’s Pandan MP Rafizi Ramli has said that if the exercise involves an increase in seat numbers, a two-thirds majority vote is needed to approve the changes before they are passed by the lower House.

The allegedly unfair dispersal of voters in constituencies has been used as a major argument point by PR lawmakers to back accusations that gerrymandering in favour of BN has helped the ruling pact stay in power.

Read more at: http://www.themalaysianinsider.com/malaysia/article/malaysias-election-system-drawn-to-sustain-bns-dominance-don-tells-forum/ 


Is it time to do away with the Senate?

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(fz.com) - The real function of the Senate is being questioned. While it was established and inherited by the British to safeguard law making, has it now turned into a 'back-door' appointment tool for Cabinet positions and is it still relevant?

IN DECEMBER 1997, an unusual outcry arose from the normally placid Senate or Dewan Negara when its members reacted to a dismissive label given to the Upper House by the then parliamentary opposition leader Lim Kit Siang – he had called it a "rubber-stamp to a rubber-stamp."

As senators mostly appointed under the Barisan Nasional (BN) government angrily remonstrated, Lim insisted that he was vindicated in making the ignominious reference. For the Senate had, on Dec 22, passed an important amendment, in the form of the Criminal Procedure Amendment Bill 1997 – without any debate whatsoever.
 
The Senate, he added, was a "rubbish bin for political has-beens, rejects and deadwoods", and one way to remedy the situation was to replace the appointive system with an elective one.
 
"This move would involve sacrifices by the Senators as I do not think many, even any, of them could get into the Dewan Negara if they have first to seek the mandate from the people at large," the DAP secretary-general and MP for Tanjung said.
 
The issue surrounding the Senate's purported inefficacy was not just based on the seeming absence of strong, daring debates. Because the Malaysian Senate had been almost entirely dominated by the BN and its predecessor, the Alliance, since independence in 1957, there was a general view that the senators did not do enough to positively counter the government of the day.
 
A tool for "back-door" appointments
 
The question of the Senate's relevance emerged again recently when Lim's long-time comrade-in-arms, Karpal Singh, who is now DAP chairman and Bukit Gelugor MP, opined that the Senate should be abolished altogether.
 
It has produced a backlash reminiscent of the uproar that Lim had generated in 1997, with current Dewan Negara President Tan Sri Abu Zahar Ujang rebuking Karpal to "respect the rule of law and our constitution." 
 
The issue had resurfaced when Karpal told a press conference in Penang last Saturday that there is no need for the Senate. "In my view, the Federal Constitution should be amended to abolish the senate," he said.
 
"It is an unnecessary expense required to be borne by the people. It does not serve a useful purpose," he added. "It only encourages those who have been rejected by the people or others to be brought into Parliament through the back door via the Senate, as in law Parliament also includes the Senate."

Read more at: http://www.fz.com/content/it-time-do-away-senate#ixzz2U5PQ8gOd

 

Adam charged with sedition, out on bail

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His lawyers are planning to file an application at the High Court to declare the case against him is frivolous.

K Pragalath, FMT

Student activist Adam Adli was this morning charged under the Sedition Act at the Kuala Lumpur Sessions Court for allegedly making a seditious statement. He claimed trial.

Sessions Court judge Norsharidah Awang fixed the bail at RM5,000 with one bailor, and fixed July 2 for mentioning.

Adam, 24, was arrested in Kuala Lumpur on May 18 for remarks he allegedly made during a post-GE13 forum on May 13. He was held in remand for five days.

This morning, deputy public prosecutor, Mohd Abazafri Mohd Abbas, sought to set bail at RM5,000 “to ensure his (Adam’s) attendance in court”. Abazafri was assisted by deputy public prosecutors Azrina Ali and Nadia Tahyuddin.

Adam was represented by lawyers N Surendran, S Ambiga, Afiq M Noor and Michelle Yesudass.

Both Surendran and Ambiga argued that the bail amount was high, and said the case was frivolous without prima facie.

“The Sedition Act is also going to be repealed. We will file an application to strike out the case at the High Court as soon as possible,” said Surendran.

Upon his release on bail, Adam addressed his supporters at the court lobby.

“It is an experience in defending democracy. Thank you all. This is why I love this country,” he said. Funds collected during his remand period was used to bail him out.

Adam was arrested under Section 4(1) of the Sedition Act and Section 124(B) of the Penal Code on May 18 in Bangsar for making statements during a May 13 forum held at the Kuala Lumpur and Selangor Chinese Assembly Hall.

Section 4(1) of the Sedition Act provides that it is a criminal offence to make any oral, printed and published statements or acts with “seditious tendency”.

Section 124(B) of the Penal Code states that “whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to 20 years.”

If Adam is found guilty of sedition, he could be imprisoned for up to three years, fined up to RM5,000, or both.

In the forum, Adam, along with other activists, had called for a street demonstration to protest alleged electoral fraud during the general election.

READ MORE HERE

 

PSM to review ties with Pakatan after GE13 losses

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(The Star) - Parti Sosialis Malaysia (PSM) is set to review its ties with Pakatan Rakyat after its losses in GE13 due to the alleged underhand tactics against their candidates.

“The issue will be brought up for discussion at our annual congress on June 28.

“We are leaving it to our members to decide if we should continue ties with Pakatan,” PSM secretary-general S. Arutchelvan (picture) said, adding that the decision to work with the Opposition pact was made at the party's 14th Congress in June last year.

He added that PSM was also demanding a meeting with PKR and PAS leaders over the Kota Damansara and Semenyih state seats in Selangor.

“We want an explanation from PAS over the loss of the Kota Damansara seat, and PAS president Datuk Seri Abdul Hadi Awang referring to us as communists,” he said.

Arutchelvan added that PKR should also explain its role in PSM's loss in Semenyih.

On May 6, PSM president Dr Mohd Nasir Hashim said his loss in Kota Damansara was due to votes being split and “stolen” by the PAS candidate.

Barisan's Halimaton Saadiah Bohan polled 16,387 votes against Dr Nasir's 14,860 and PAS' Ridzuan Ismail's 7,312.

Arutchelvan was said to be the victim of Pakatan's internal politicking in Semenyih which saw Barisan's Datuk Johan Abdul Aziz getting 17,616 votes compared to PKR's Hamidi Hasan (13,471) while he only polled 5,568 votes.

PSM also contested the Sungai Siput parliamentary seat in Perak with incumbent Dr Michael Jeyakumar successfully defending it while M. Sarasvathy lost the Jelapang state seat.

 

PKR mulls postponing party polls

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(The Star) - PKR may postpone its elections due to be held this November to reconsolidate its support base.

Party secretary-general Datuk Saifuddin Nasution Ismail (picture) said the political bureau had discussed the suggestion to put off party polls.

“We just went through a big battle in the general election, and having the elections in November may be too soon as they take up a lot of time and energy.

“There are views within the leadership to reconsolidate our support base and to close ranks first ... maybe that could be reason enough to postpone our elections,” he told a press conference at the party headquarters here yesterday.

“We are currently considering both options to have our elections in November as planned or to postpone the polls,” he said.

He added that the supreme council will be discussing the matter further after the party's annual congress, postponed from last year, ends this weekend.

Saifuddin said that if the leadership wanted to postpone the party elections, it would have to convene a special congress to amend the constitution, which now only provides for triennial elections. The last party elections were in 2010.

Saifuddin, who coordinated the previous party elections, said that he was getting feedback to improve the polling process.

Previously, he said, the members had to meet twice to elect their leaders first to elect their division leaders and then to elect the supreme council members.

“The grassroots members say that this is double mobilisation and it takes up too much time, and they are asking if we could vote for both at once,” he said. “But a change in procedure would require a constitutional amendment.”

He also said the ninth annual congress to be held here this Saturday would see 2,500 delegates from 221 divisions nationwide attending the one-day event.

The Youth and Wanita wings will meet on Friday.

Saifuddin said the theme of the congress was Suara Rakyat, Suara Keramat (The Voice of the People, The Supreme Voice).

 

Gerakan may accept government positions

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(The Star) - Gerakan, which has decided not to hold any Federal Government position after its dismal showing in the general election, will look into the matter again following objections from within the party.

The party's acting president Datuk Chang Ko Youn said the matter would be discussed at their next central committee (CC) meeting set for next month.

“We will relook the issue. In our last CC meeting, we decided not to take up federal posts but some have disagreed with us,” he said at a press conference here yesterday.

He admitted that some issues were not adequately addressed during the May 11 CC meeting as emotions were high following the party's shock defeat in the May 5 polls.

Chang said it was his personal opinion that the party should hold federal positions, adding that both MCA and Gerakan should take up federal positions as they were part of Barisan Nasional and agreed with the coalition's policies.

Chang, who was speaking at his first press conference as acting president following Tan Sri Dr Koh Tsu Koon's resignation, said Barisan should merge into a single multi-racial party and change its approach, given the advent of more young voters in urbanised areas over the next five years.

“In the elections, we saw that the trend of urban voters went across racial lines, such as Chinese voters who voted for PAS candidates and vice versa.

“We can no longer rely on race-based parties. It is getting out of fashion. We must seriously look at the issue of young voters across racial lines. They are looking at transparency, governance, human rights and other issues,” he added.

Barisan, Chang added, must adapt as old methods could not be used any more.

“If we use the same methods, I am afraid that we will have worse results in the next elections, which will see an additional two million new voters,” he said, adding that Gerakan had always advocated non-racial politics.

Chang also hit out at Pakatan Rakyat and said it should admit defeat and use the parliamentary process to advocate change instead of having rallies that could provoke people.

 

Tian Chua, Haris Ibrahim detained

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(The Star) - PKR vice-president Tian Chua says he has been detained by police under Section 4(1) of the Sedition Act.

He said in a tweet message that he was detained at the LCCT before going through the security check as he was to board a flight Thursday.

He believed he is being taken to the Jinjang police station.

Meanwhile, activist Haris Ibrahim was also picked up by police in connection with the May 13 forum which saw student activist Adam Adli Abd Halim being charged with uttering seditious words.

It is learnt that Haris was picked up while having lunch in Segambut and was being taken to the Jinjang police station.

 

PKR to file 27 election petitions

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(Bernama) - Parti Keadilan Rakyat (PKR) is to file 27 petitions in court soon over the results of the 13th General Election, its vice-president Tian Chua said today.

"We will coordinate the filing of the petitions with DAP and PAS, our allies in the Pakatan Rakyat," he told Bernama.
 
Electoral candidates and political parties have 21 days from today to file the petitions. This follows the gazetting of the election results yesterday by the Election Commission.
 
PKR won 30 of the 89 parliamentary seats secured by Pakatan Rakyat in the election.

 


Donald Lim: Re-evaluate Matang-Scope merger price

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Azril Annuar, fz.com

The RM145 million price tag for the merger of Matang Holdings Berhad into ACE market-listed Scope Industries Bhd should be reviewed by the Valuation and Property Services Department (VPSD), MCA vice president Datuk Donald Lim said.

This is necessary as there are two different valuations for the deal with the RM145 million valuation being the lower one, Lim told a press conference here today.

“There were two valuations and one was lower by around RM20 to RM30 million. So I think it’s best that the VPSD conduct a third valuation on how much it really costs,” said Lim.

He also pointed out that the current Matang shareholders should have the option to sell out their shares instead of just being granted shares by Scope Industries.

“By giving shares there will be a four-year moratorium and the shareholders cannot sell it. We won’t know what will happen in four years. What happens if the share prices go down? Maybe from RM1 to RM0.30 in four years.

“Matang has nearly 20,000 shareholders controlling 90 per cent of the shares. The other 10 per cent is held by the MCA-owned Huaren Foundation. So for the sake of the other shareholders they should allow them to cash out if they want to.

“And for the upcoming Annual General Meeting on May 31, Huaren should not vote. Since it is owned by MCA and there is no mandate from MCA’s Central Working Committee, Huaren should abstain from voting,” said Lim who also owns 3,000 units of Matang’s shares.

Matang Holdings entered into a business merger agreement with electrical and electronics manufacturer Scope Industries sometime in November last year and transferred its entire business and undertakings including assets and liabilities to the latter.



EC to re-delineate constituency boundaries this year

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(Bernama) - A study on the re-delineation of electoral constituencies, which was postponed two years ago, will begin soon, said Election Commission (EC) deputy chairman Datuk Wan Ahmad Wan Omar.

He said the re-delineation of electoral constituencies and boundaries could be carried out in accordance with Article 113 (2) (ii) of the Federal Constitution as the last exercise was done eight years ago.  
 
"The last exercise should have been conducted in 2011 as the last one was done in 2003, but we had to postpone it until the 13th general was over. 
 
"The review and re-delineation of the parliamentary and state constituencies has to be carried out as the constitution stipulates than the EC has to carry out the exercise once every eight years. 
 
"So we will carry out the exercise gradually before submitting it to Parliament," he told Bernama after an interview with Bernama TV on the 'Hello Malaysia' programme last night. 
 
He said the re-delineation exercise was very important because the country had undergone many changes, including migration of people from city to city, over the last 10 years. 
 
"For example, when we review the electoral boundaries in 2003, Kota Damansara was not as advanced as it is now. There was no Mutiara Damansara then and many squatter settlements had been cleared to make way for apartments, so definitely the number of voters have changed," he said. 
 
Commenting on Pakatan Rakyat's call for the EC chairman and him to resign, claiming fraud in GE13, he said it was disrespectful of the constitution and the Yang di-Pertuan Agong. 
 
He said as an independent body that did not represent any party and appointed by the Yang di-Pertuan Agong after consultation with the Conference of Rulers, the EC's role should not be undermined. 
 
"This call comes from narrow minded people. We had done our best. If we are not transparent and if the EC is in favour of Barisan Nasional, how come they could win 89 seats, and wrested Selangor and Penang easily?" he said.
 
Wan Ahmad said he believed the opposition had another agenda in mind or wanted to create havoc by inciting the people, particularly the younger generation by inflaming hatred. 

Malaysian Opposition face full force of the Sedition Act

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They have used this archaic and draconian Sedition Act, even though the Prime Minister, the government has said before that they would repeal this act, because it's no longer relevant in the modern setting, but unfortunately, it's not repealed and they continue to use this draconian act to stifle dissent.

Sen Lam interviews Fadiah Nadwa at Radio Australia 

Listen at: http://www.radioaustralia.net.au/international/radio/program/asia-pacific/malaysian-opposition-face-full-force-of-the-sedition-act/1135426 

Malaysian authorities have arrested a high-profile Opposition politician and three others under the country's controversial Sedition Act.

Malaysian prime minister Najib Razak pledged last year to strengthen civil liberties, including possibly repealing the Sedition Act.

The law has been described as oppressive by critics, who say it's been invoked often in the past to silence dissent.

Human rights lawyer Fadiah Nadwa is representing one of the four men detained. She spoke to me from Kuala Lumpur.

Presenter: Sen Lam

Speaker: Fadiah Nadwa, lawyer representing student activist Adam Adli, one of four Malaysians charged with sedition

FADIAH: The four people are Tian Chua, the vice president of (opposition) Parti Keadilan Rakyat. The second person is Thamrin Ghafar, he's a PAS member (Parti Islam SeMalaysia), the Islamic party, PAS, and the third person is Haris Ibrahim, he's the chief of this movement called 'Anything But UMNO'. And the fourth person is Adam Adli and Adam has been charged this morning, and he has been released on bail. These four people are now in the Jinjang remand centre.

LAM: You represent Adam Adli, who was detained five days ago, but he's out on bail, is that right?

FADIAH: Yes, correct. Basically, they're just punishing him for speaking his mind and they have used this archaic and draconian Sedition Act, even though the Prime Minister, the government has said before that they would repeal this act, because it's no longer relevant in the modern setting, but unfortunately, it's not repealed and they continue to use this draconian act to stifle dissent. So Adam Adli has been detained for five days, after being arrested last Saturday - they (police) applied for a remand order from the magistrate, and the magistrate granted five-day remand against Adam Adli, and he was subjected to continuous interrogation even though he kept telling the police that they could have just referred to the video that contains his speech. They (the police) are just trying to send a message to the Malaysian people, Do not say something that's not favourable to the government, or else you'll be arrested and detained under the Sedition Act.

LAM: And Fadiah, can you tell us what is it exactly that Adam Adli had allegedly said that was considered so seditious?

FADIAH: Adam Adli basically called for the Malaysian people to go to the streets to protest against the fraud committed during the (May 5th) elections.

LAM: Tian Chua is of course the high-profile spokesman and also VP of the opposition Parti Keadilan. The opposition of course has been holding meetings about alleged electoral fraud - do you think Tian Chua's arrest might fuel emotions that're already running in Opposition ranks?

FADIAH: Yes, I believe so, because I think right now, after the elections, the government is obviously very insecure with how the Malaysian public is reacting to the allegations of fraud in the elections and how the Malaysian people are assembling to protest against the recent arrest of Adam Adli. The government is using the power that they have to tell the Malaysian public that they will do anything they can to stop the Malaysian public from expressing themselves, from protesting, from participating in peaceful assemblies and so on.

LAM: Prime Minister Najib prior to this month's elections, had vowed to strengthen civil liberties, including the possibility of getting rid of the Sedition Act. Do you think he's having second thoughts now?

FADIAH: I believe so, I think for political survival, the government knows that by having this (Sedition) Act, they can try to instil fear, because it's been used for so long. The Sedition Act is the legacy of the British and it has been used to stifle dissent. It's very, very clear that people who get arrested under the Sedition Act are people who're very vocal and critical of the government. So, this is a very powerful tool that is being used by the government, to stifle dissent, because the Sedition Act is very broad and wide. It can cover everything, and that's why it's being abused by the government, to stop people from speaking out.

LAM: One of the reasons the government had given for the need for the Sedition Act, was that it was relevant to multi-racial Malaysia, and there is a great need to keep racial harmony. You don't think the Sedition Act has a role or a place in Malaysian society?

FADIAH: No, I don't think that the Sedition Act is relevant. We can clearly compare this to the seditious statements issued by some people who're calling for racial hatred, racial violence, for example, recently. But no one was subjected to this Act. But when it comes to the Opposition, when it comes to the activists, the authorities are very fast to take action under the Sedition Act. So you can selective prosecution, and also how the government is not really serious in trying to build harmony and trying to deter racial hatred and also racial violence. So if they're very, very serious, they should repeal this Act and they should come up with new legislation that can deal with hate speech, for example, that can deal with racial violence, racial discrimination, in line with the international standard, International Covenant on the Elimination of Racial Discrimination, in order to ensure that everyone has the civil and political rights. 

Opposition Figures Are Detained in Malaysia

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(New York Times) - The Malaysian government began a crackdown on political opponents on Thursday, arresting three government critics, including a prominent member of Parliament, and charging a student activist with sedition.

The arrests come two and a half weeks after elections that showed the governing party, which has been in power since independence from Britain in 1957, losing support from broad portions of the electorate.

The crackdown may be an attempt to pre-empt a demonstration planned for Saturday to protest accusations of fraud in the election, analysts said.

The opposition, which is led by a former deputy prime minister, Anwar Ibrahim, won the popular vote in the May 5 election but failed to take control of Parliament because of a lopsided electoral system that gives a stronger voice to rural areas, where the governing party is strongest.

Mr. Anwar says the election victory was fraudulent and has been leading rallies across the country since the election results were announced; the demonstration on Saturday is being organized by a coalition of several dozen civic organizations.

The member of Parliament arrested on Thursday, Tian Chua, is Mr. Anwar’s deputy in a multicultural party that is challenging the dominance of the single-race United Malays National Organization.

Mr. Chua, who won re-election to Parliament May 5, posted on Twitter as he was being arrested Thursday, “No dictators could ever repress the rise of people’s power.” He said a police officer told him that he was being charged with sedition.

The two other people arrested are Haris Ibrahim, who leads an antigovernment group, and Tamrin Ghafar, the son of a former deputy prime minister who is a member of an Islamic party that is allied with Mr. Anwar. In addition, Adam Adli, the student activist, was charged with sedition on Thursday and released.

The Malaysian government, which has begun numerous crackdowns against dissidents during its decades in power, issued a statement late Thursday calling the arrests “a matter for the police.”

“The detentions came after the police received numerous reports against the defendants by members of the public,” the statement said. “In such circumstances the police are required to investigate and are following due and proper process.”

Read more at: http://www.nytimes.com/2013/05/24/world/asia/malaysian-opposition-figures-are-detained.html?_r=3& 

 

KL police: We don't tolerate candlelight vigils

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(fz.com) - KL police chief Mohmad Salleh warns that candlelight vigils - such as the one (pix) for student activist Adam Adli - will no longer be tolerated.

Kuala Lumpur police today warned that they will not hesitate to arrest those who take part in candlelight vigils for detainees. 

KL police chief Datuk Mohmad Salleh issued the warning when explaining the arrest of 18 people during a candlelight vigil for student activist Adam Adli outside the Jinjang police station last night.
 
He said the 18 were arrested because the event was "unlawful". 
 
"As police we cannot tolerate (the vigil), as it will only cause agitation among the public in the surrounding area," he told reporters at the KL police headquarters. 
 
Those detained would be brought to court, he said, adding that police will let the courts determine if they were guilty or not. 
 
"Taking to the streets is not the solution. Let the courts resolve it," said Mohamad. 
 
"We seek the public's cooperation. We are merely implementing laws which have been passed in parliament by lawmakers. It's simple," he added.
 
Claiming that the majority of Malaysians were against such gatherings, Mohamad said if there were more protest rallies, the police were prepared to face the situation. 

Read more at: http://www.fz.com/content/kl-police-we-dont-tolerate-candlelight-vigils#ixzz2UAfabM2e

 

Malaysian Man Accused Of Rape Marries 13-Year-Old Victim; Attorney General Vows To Pursue Charges

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Dz-RnaDRPo0 

(Huffington Post) - This man has given a platform for other men to act (rape) and then get away with it (marry the victim). 

Or watch at: http://www.youtube.com/watch?v=Dz-RnaDRPo0 

In an unfortunate turn of events in a Malaysian rape case, a 40-year-old man accused of rape has married the teenage victim.

Riduan Masmud was charged with raping a 13-year-old girl last February. On Monday, his counsel Loretto Padua revealed to the court that Masmud is now married to the young girl he was accused of assaulting. As The Daily Express notes, Padua had previously told the court that Masmud was in the process of seeking a lawful marriage to the teen in Syariah Court -- a separate court system that has jurisdiction over matters pertaining to Islamic law.

While the prosecution must make a decision by June 6 on whether to pursue the statutory rape charge in light of the news, on Wednesday, Malaysian Attorney General Tan Sri Abdul Gani Patail vowed to press on in the case, Ntv7 News reports.

Malaysia's Ministry of Women, Family and Community Development is also advocating that Masmud be prosecuted. Minister Datuk Rohani Abdul Karim told Bernama, Malaysia's national news agency, the ministry is concerned that Masmud's action may set an example by providing an escape route in cases of statutory rape.

"In order to protect public interest and prevent such incidents, the Ministry urges that the man be charged under Section 376 of the Penal Code in the Sessions Court or Section 80 of the Sabah Syariah Offences Enactment 1995 in the Syariah Court for having sex outside of marriage," she told the news agency.

The rape, which allegedly took place in a parked car in Sabah around 10 a.m. on Feb. 18, was not brought to light until the 13-year-old's aunt filed a police report. Masmud, who has four children with his first wife, was charged with the crime 10 days later; however the teen later withdrew her report of rape on April 18, The Star reports.

Masmud, for his part, is defending the marriage. Outside the courtroom Monday, he explained to reporters that the marriage was consensual.

"There are many cases of men marrying underage girls. I do not see why my case should be any different," the man said, according to The Star.

Read more at: http://www.huffingtonpost.com/2013/05/22/malaysian-man-rape-marries-victim_n_3321086.html?ncid=edlinkusaolp00000003 

Pope to 'intolerant' Catholics: Good atheists exist

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(Rappler) - 'OPEN' CHURCH. Pope Francis kisses the feet of prisoners, including a Muslim, in this year's Holy Thursday service. 

Having blasted a self-centered Catholic Church, Pope Francis on Wednesday, May 22, criticized “intolerant” believers who think, “If he is not one of us, he cannot do good.”

The Pope said all human beings, whom God created, “have this commandment at heart: do good and do not do evil.” He stressed this applies to “all of us.”

“'But Father, this is not Catholic! He cannot do good.' Yes, he can. He must. Not can: must! Because he has this commandment within him,” Francis said in Wednesday's homily at the Domus Santae Martae, his modest papal residence.

The Pope, who has consistently urged the Church to “come out of herself,” said intolerance will do the Church no good.

“Instead, this 'closing off' that imagines that those outside, everyone, cannot do good is a wall that leads to war and also to what some people throughout history have conceived of: killing in the name of God. And that, simply, is blasphemy. To say that you can kill in the name of God is blasphemy.”

'Let's meet'

Despite differences between believers and non-believers, he said their common denominator is doing good. He said the commandment to uphold goodness is a “beautiful path towards peace.”

“If we, each doing our own part, if we do good to others, if we meet there, doing good, and we go slowly, gently, little by little, we will make that culture of encounter: we need that so much. We must meet one another doing good,” Francis said.

He continued, with an atheist's possible response in mind: “'But I don't believe, Father, I am an atheist!' But do good: we will meet one another there.”

Read more at: http://www.rappler.com/world/29788-pope-atheists-good 


At Pakatan thanksgiving rally, leaders give hope for change

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Meena Lakshana, fz.com

Amidst a crackdown on political dissent, Pakatan Rakyat leaders implored about 4,000 people gathered at the field opposite Amcorp Mall to keep their hopes for a better Malaysia alive.

In a passionate speech last night, PKR vice-president and Lembah Pantai MP Nurul Izzah Anwar said Malaysians should not fear the crackdown on political dissent and keep fighting for change.
 
“If they (Barisan Nasional) think they can kill our dreams, hope and aspirations, they better think again,” she said at the Pakatan Rakyat appreciation dinner for the people of Selangor.
 
“We will show what good governance and moral principle is all about. We shall prevail and overcome this. We will conquer a racist and corrupt government.
 
“Do not lose hope. Do not be afraid, because the real people who should be afraid are the cowards in Putrajaya,” she added.
 
Sedition Act
 
She was referring to the arrest of Anything But Umno (ABU) chief Haris Ibrahim, PKR vice-president Tian Chua and PAS’ Datuk Tamrin Ghafar Baba.
 
All three individuals will be detained at the Jinjang police station overnight for investigation under Section 4(1)(c) of the Sedition Act and Section 124 of the Penal Code.
 
They are believed to be held for remarks made at the May 13 forum, the same event which also featured student activist Adam Adli Abdul Halim.
 
Adam Adli was charged with sedition in the Duta High Court yesterday.
 
Tamrin was scheduled to open the thanksgiving rally with his speech but instead, a video of Tamrin speaking at a ceramah in Taman Nusantara, Johor, on April 29, during the 13th general election campaign trail was shown to attendees.
 
"Tunku Abdul Rahman had written in his column in The Star two years before he died that the May 13 1969 crisis was a mini-coup staged by several Umno leaders," Tamrin said in the video.
 
More arrest warrants
 
Nurul Izzah said she had received news that 27 more arrest warrants will be issued for opposition leaders in the near future.
 
She said Prime Minister Datuk Seri Najib Abdul Razak had reneged his promise to repeal the Sedition Act 1948, which he had announced in July last year.
 
Najib had said the government would table a National Harmony Act in place of the Sedition Act.
 
Earlier, DAP adviser Lim Kit Siang said he was rejuvenated by the young generation of Malaysians who are so eager to see a change in the government of the day during the 13th general election.
 
“This is about the politics of the future against the politics of the past – a 56-year past defined by racism, corruption and cronyism,” he said, adding he will be launching a Malaysian Dream Movement campaign soon.
 
Lim said the authorities are seeking to question him over a prediction about BN’s performance in the 13th general election.
 
However, he also hit out at the police for practising double standards in apprehending individuals who had made contentious statements.
 
“I understand BN is looking for me because I said BN will lose in the 13th general election,” he said.
 
“But I was merely quoting reports conducted by the (Malaysian government intelligence agency) Special Branch that Pakatan will win 148 seats but I also said I do not think it is true.
 
“When former (Appeals Court) judge Mohd Noor Abdullah had said those very racial statements, which was so irresponsible, incendiary and fiery, did the police question him?” he added.
 
Lim also said Malaysians have the right to be unhappy with the country’s electoral system and criticised Home Minister Datuk Seri Ahmad Zahid Hamidi for saying Malaysians who are unhappy with the country’s political system should emigrate to other republic countries.
 
“If Zahid Hamidi is not happy with the people’s view, then he should emigrate,” said Lim to uproarious claps.
 
Redelineation exercise
 
DAP publicity chief and Petaling Jaya Utara MP Tony Pua, who received a standing ovation for his speech, called on Najib to set up a Parliamentary Select Committee to ensure a fair redelineation exercise is conducted by the Election Commission (EC) in the upcoming Parliament sitting on June 24.
 
“The committee must have an equal number of Pakatan and BN leaders to determine the boundaries of the constituencies,” he said.
 
“We will fight tooth and nail to make sure the redelineation exercise is fair,” he added.
 
The opposition and civil society have criticised gerrymandering, the manipulation of boundaries of constituencies, as the main weakness of the electoral system.
 
Pua said the unfair delineation of constituencies was a great disadvantage to the opposition, which failed to take over Putrajaya despite securing 52% of the popular vote.
 
“Our constituencies are delineated in a way that we (Pakatan) won’t win Putrajaya even if we get 55% of the popular vote,” he said.
 
“A study conducted revealed Pakatan can only take over Putrajaya if we win 58% of the popular vote,” he added.
 
He also criticised the Najib and Umno organ Utusan Malaysia for fanning racial sentiments by attributing BN’s poor performance in the May 5 polls on a "Chinese tsunami".
 
He said Pakatan’s strong mandate in Selangor was contributed by people of all races, as mirrored by DAP’s win in Sungai Pelek and Kuala Kubu Baru, both of which have only about 30% Chinese voters, respectively.
 
“I want to tell Utusan Melayu, the Chinese don’t want anything. The Chinese only want a free and fair election. The Chinese only want all races to be treated equally,” he said.
 
“The Chinese do not hate the Malays, they only want aid to be given to the poor and not BN cronies,” he added.
 
He also rapped Minister in the Prime Minister’s Department Paul Low for his statements regarding tackling corruption in the government, saying so far the minister had failed to safeguard the people’s hope in him to implement concrete solutions towards stemming graft.
 
Other leaders who spoke at the gathering include Parti Kesejahteraan Insan Tanah Air (Kita) founder Datuk Zaid Ibrahim, Sungai Pinang DAP assembly member Datuk Teng Chang Khim, Selangor DAP chief Teresa Kok, and PAS Selangor deputy commissioner III (and Shah Alam MP) Khalid Samad.

 

Stockholm riots continue for a fifth night

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Residents of areas largely populated by immigrants are suffering from segregation, anthropologist Carlbom told AFP. "Living as a young person in these segregated areas can be very hard in many ways. You have virtually no contact with other Swedes and a lot of times I don't think you have a good understanding of Swedish society," he said.

(AFP) - STOCKHOLM: At least nine cars, two schools and a police station were set ablaze as riots swept through Stockholm's immigrant-dominated suburbs early Friday for the fifth straight night, police and firefighters said.

The riots, which have shattered Sweden's image abroad as a peaceful and egalitarian nation, have sparked a debate about the assimilation of immigrants, who make up about 15 per cent of the population.

Many of the immigrants who have arrived due to the country's generous refugee policy struggle to learn the language and find employment, despite numerous government programmes.

Early Friday, police told Swedish news agency TT eight people had been arrested so far for the night's rioting, but no injuries were reported.

In Rinkeby, one of the city's immigrant-dominated areas, firefighters rushed to put out flames that engulfed six cars parked alongside each other. 

Five cars were totally gutted, according to an AFP photographer on the scene.

Three more cars were torched in the Norsborg suburb, and a police station in Aelvsjoe was set on fire but quickly extinguished, police said.

Firefighters meanwhile said a school in another immigrant-heavy suburb, Tensta, was set ablaze but quickly extinguished, and a nursery school in the Kista suburb was also on fire.

And police in Soedertaelje, a town south of Stockholm, said rioters threw stones at them as they responded to reports of cars set alight.

The previous night, the fire brigade had been called to some 90 different blazes, most of them caused by rioters.

"We are gradually becoming more like other countries," said Aje Carlbom, a social anthropologist at Malmoe University.

The troubles, which began on Sunday in the Husby suburb, are believed to have been triggered by the fatal police shooting of a 69-year-old Husby resident last week after the man wielded a machete in public.

The man had fled to his apartment, where police have said they tried to mediate but ended up shooting him dead in what they claimed was self-defence.

Local activists said the shooting sparked anger among youths who claim to have suffered from police brutality. During the first night of rioting, they said police had called them "tramps, monkeys and negroes."

Police meanwhile downplayed the scale of the events.

"Every injured person is a tragedy, every torched car is a failure for society... but Stockholm is not burning. Let's have a level-headed view of the situation," Ulf Johansson, deputy police chief for Stockholm county, said Thursday.

Residents of areas largely populated by immigrants are suffering from segregation, anthropologist Carlbom told AFP.

"Living as a young person in these segregated areas can be very hard in many ways. You have virtually no contact with other Swedes and a lot of times I don't think you have a good understanding of Swedish society," he said.

For example, some 80 percent of the 12,000 residents in Husby are immigrants.

Due to its liberal immigration policy, Sweden has in recent decades become one of Europe's top destinations for immigrants, both in absolute numbers and relative to its size.

In the past decade, it has welcomed hundreds of thousands of immigrants from Iraq, Afghanistan, Syria, Somalia and the Balkans, among others.

This is not the first time the Scandinavian country has seen riots among immigrants.

In 2010, up to 100 youths threw bricks, set fires and attacked the local police station in the immigrant-dominated suburb of Rinkeby for two nights.

And in 2008, hundreds of youths rioted against police in the southern Swedish town of Malmoe, sparked by the closure of an Islamic cultural centre in the suburb of Rosengaard that housed a mosque.

Integration Minister Erik Ullenhag attributed the violence to high unemployment and social exclusion in Sweden's immigrant-dominated areas.

"We know that there is discrimination in these areas, and these events don't improve the image of these areas, where there is a lot of positive stuff going on but which is totally eclipsed right now," he told TT.

In Husby, overall unemployment was 8.8 per cent in 2012, compared to 3.3 per cent in Stockholm as a whole, according to official data.

And a total of 12 per cent in Husby received social benefits last year, compared to 3.6 per cent in Stockholm as a whole.

The riots have received international media attention, with some comparisons being drawn to similar problems assimilating immigrants in other European countries such as Britain and France.

 

Still waiting for Khalid to name state exco line-up

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(The Star) - Selangor remains the only state whose exco line-up has yet to be named following the impasse over the number of seats to be allocated to the respective Pakatan Rakyat member parties.

Speculation is rife as to who will make it to the highest decision-making body in the state government and how the 10 exco seats are to be divided between PAS, DAP and PKR.

So far, DAP has expressed disappointment over the three exco seats allocated for it as announced by Mentri Besar Tan Sri Khalid Ibrahim recently.

Khalid's political secretary Faekah Husin said the mentri besar was expected to arrive home from Frankfurt, Germany, today after seeking treatment for an old leg injury.

She said Khalid would immediately seek an audience with the Selangor Sultan over the appointment of exco members.

Selangor DAP deputy chairman Tony Pua, meanwhile, said the party was still in discussion with PAS and PKR over the distribution of exco positions.

“We met twice again recently. Our discussions have been friendly.

“Now we are just waiting for the MB to come back for some confirmation,” he added.

DAP previously expressed shock and puzzle when Khalid announced the party would be getting three exco positions and also the Speaker's post.

Khalid also said PAS would get four exco positions and PKR three.

Pua was reported to have said previously that DAP was promised four exco seats.

Meanwhile, it is speculated that most PKR exco members would be replaced with new faces.

PKR's previous exco members were Dr Yaakob Sapari (Kota Anggerik), Elizabeth Wong (Bukit Lanjan), Dr Xavier Jayakumar (Sri Andalas) and Rodziah Ismail (Batu Tiga).

Among PKR new names tipped to join the exco rank was Seri Setia assemblyman Nik Nazmi Nik Ahmad. For PAS, new names mentioned include state commissioner Dr Abdul Rani Osman.

Bukit Antarabangsa assemblyman and PKR deputy president Azmin Ali was earlier speculated to be an exco member, but this idea has been shot down by a party source.

 

Magistrate rejects remand request, Tian Chua, Tamrin, Haris released

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Ida Lim, TMI

The police today released three men who were detained for a probe under the Sedition Act 1948 and the Penal Code after a magistrate rejected requests for further remand.

Pakatan Rakyat (PR) had earlier described the arrests as part of a national crackdown on the federal opposition.

Politicians Chua Tian Chang, Tamrin Ghafar, political activist Haris Ibrahim were arrested for sedition yesterday and held overnight at the police lockup in Jinjang, purportedly for a probe under section 4(1)© of the Sedition Act and section 124 of the Penal Code.

“We praise a very courageous magistrate. A brave magistrate has heard the legal arguments and decided that our detention is without basis,” said Chua after walking out of the lock-up with his lawyers, referring to magistrate Norashikin Sahat.

“That’s why we were released without condition,” said the PKR vice-president who was the last to walk out, with Tamrin and Haris walking out together earlier on.

Earlier today, a small group of supporters had staged a mini-protest outside the lockup, shouting slogans and holding up placards to demand the release of the trio.

Haris’s lawyer Gobind Singh Deo yesterday said he was not yet informed of which “seditious statements” his clients or the two others were detained over.      

All three were believed to be detained over their involvement in a forum on May 13 over the results of the just-concluded general election.

Yesterday morning, student activist Adam Adli Abdul Halim was charged with sedition for his involvement in the same forum where he was accused of rallying Malaysians to take to the streets to topple the BN government.

The 24-year-old pleaded not guilty and was released on RM5,000 bail with his trial set for a mention on July 2.

Despite the release of the three today, Chua claimed to have knowledge that more people would possibly be arrested.

“With the same arguments, we hope that the court will take firm action to defend not just the rights of individuals, but also the basic principles of the law,” said the Batu MP popularly known as Tian Chua.

 

Blackout photo fake, says EC

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(Bernama) - Preliminary investigation by the Election Commission (EC) revealed that a photograph posted on the internet showing that a blackout purportedly occurred during vote-counting for the 13th general election (GE13) was an act recorded even before the GE13.

EC deputy chairman Wan Ahmad Wan Omar said this conclusion was arrived at after a thorough scrutiny by him together with his officers.

“They had staged the act even before the election to spread it on the internet as a ploy to show that a blackout had purportedly occurred, whereas it was a lie.

“The photograph showed that EC staff were purportedly counting the ballot papers and had to use a auxiliary lamps whereas the staff were not wearing the EC uniform,” he told Bernama when met recently.

He said the most obvious proof was when the photograph showed that there were many reporters and photographers present in the vote-counting area whereas no one was allowed into the area except for the EC staff and agents of the candidates.

“The Standard Operating Procedure (SOP) and work procedure shown on the photograph were totally incorrect…they have forgotten, (they) want to cheat but do not understand the work procedure and were immature.

“In fact the tray used for placing the ballot papers on were also not the EC trays, the material and size were different…(there were) many things in the photograph that did not follow EC SOP,” he said.

Wan Ahmad said so far there had been no police report lodged regarding the alleged ‘blackout’ which showed that it was clearly a slander and concocted story.

“If there had been a blackout, certainly the party agents would have lodged police reports. They represented the candidates, they were present at the counting venues. If there had been a blackout, they would have been the first to lodge police reports, but there were none,” he said.

Meanwhile, commenting on an allegation by an opposition newspaper that 24 EC staff in Besut, Terengganu had been confined to mark their ballot papers, Wan Ahmad said he left it to the police to investigate the allegation.

Meanwhile, Wan Ahmad said the proposal by the opposition that a People’s Tribunal be set up was dangerous because it ignored the national constitution and law.

“Who will represent the People’s Tribunal? Their people, NGO (non-governmental organisation) leaders who have been against the system and the general election all this while? Those who are spreading unhealthy culture to the young generation?” he asked.

 

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