Former US President Bush ‘guilty of war crimes & torture’

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Bush found guilty of war crimes – But powerless tribunal cannot enforce sentence

 KUALA LUMPUR: The War Crimes Tribunal has convicted former US President George W. Bush and seven of his associates as war criminals for torture and inhumane treatment of war crime victims at US military facilities.

http://www.dailymotion.com/embed/video/xqpqda
KL War Crimes Tribunal pushes for Bush guilty… by presstv

However, being a tribunal of conscience, the five-member panel chaired by tribunal president judge Lamin Mohd Yunus had no power to enforce or impose custodial sentence on the convicted eight.

“We find the witnesses, who were victims placed in detention illegally by the convicted persons and their government, are entitled to payment of reparations,” said Lamin at a public hearing held in an open court at the Kuala Lumpur Foundation to Crimi­na­lise War yesterday.

He added that the tribunal’s award of reparations would be submitted to the War Crimes Commission and recommended the victims to find a judiciary entity that could enforce the verdict.

The tribunal would also submit the finding and records of the proceedings to the Chief Prosecutor of the International Criminal Court, the United Nations’ Security Council.

On Thursday, head of the prosecution Prof Gurdial Singh Nijar said Bush had issued an executive order to commit war crimes in Iraq and Afghanistan.

Five former Iraqi detainees, who were tortured while being detained in various prisons, including Guantanamo Bay, were called to give their testimonies before the Tribunal during the trial which started on May 7.

By QISHIN TARIQ
qishin.tariq@thestar.com.my

Bush ‘guilty of crimes of torture’

UNANIMOUS VERDICT: Kuala Lumpur War Crimes Tribunal orders reparations be given to torture victims

Kuala Lumpur War Crimes Tribunal president judge Tan Sri Lamin Mohd Yunus (centre) delivering the verdict yesterday. He is flanked by says reparations should be given to the complainant war crime victims. With him are Prof Salleh Buang (left) and Datuk Mohd Sa’ari Yusof. Pic by Hasriyasyah Sabudin

KUALA LUMPUR: Former United States president George W. Bush and his associates were found guilty of crimes of torture by the Kuala Lumpur War Crimes Tribunal yesterday.

The tribunal unanimously ruled that the prosecution had proved its case beyond reasonable doubt.

It said all eight accused had engaged in a web of instructions, memos, directives, legal advice and actions which led to the establishment of a common plan and purpose, joint enterprise and conspiracy to commit crimes of torture and war crimes, in relation to the “War on Terror”.

The War on Terror was launched by the US and others in Afghanistan and Iraq.

The eight accused are Bush; former US vice-president Richard Cheney; former US defence secretary Donald Rumsfeld; former counsel to Bush, Alberto Gonzales; former general counsel to the vice-president, David Addington; former general counsel to the defence secretary, William Haynes II; former assistant attorney-general Jay Bybee and former deputy assistant attorney-general John Yoo.

Tribunal president judge Tan Sri Lamin Mohd Yunus said the eight accused were also individually and jointly liable for crimes of torture in accordance with Article 6 of the Nuremberg Charter.

“The US is subject to customary international law and to the principles of the Nuremberg Charter and exceptional circumstances such as war, instability and public emergency cannot excuse torture.”

The tribunal agreed that Bush, Cheney and Rumsfeld knew the US was violating the 1984 Torture Convention and the Geneva Conventions but failed to intervene to prevent the violations.

“Evidence clearly shows the legal opinions and advice given by the lawyers Gonzales, Addington, Haynes, Bybee and Yoo to Bush, Cheney and Rumsfeld were legally flawed and the lawyers knew full well their advice was sought to be acted upon and thus are also liable.”

The legal opinions, contained in memorandums, were that the Geneva Conventions did not apply (to suspected al-Qaeda and Taliban detainees); there was no torture occurring within the meaning of the Torture Convention; and that enhanced interrogation techniques, consisting of cruel, inhumane and degrading treatment, were permissable.

The tribunal ordered that reparations be given to the war crime victims corresponding with the irreparable harm and injury, pain and suffering they had undergone even though the tribunal was merely a tribunal of conscience with no real power of enforcement.

The findings of the tribunal will be submitted to the International Criminal Court, United Nations and the Security Council and the names of the accused will be entered into the War Crimes Commision’s Register of War Criminals.

Former prime minister Tun Dr Mahathir Mohamad, in an immediate response, said the verdict and findings would be publicised globally and sent to heads of government of all nations.

He also hoped the public would not invite these war criminals to their countries.

“The International Criminal Court seems to be subservient to the big powers and does not seem to have the capacity or the willingness to charge the leaders of big powers who are responsible for torture, invasion of an independent country, destruction in war and for the killings of so many people,” said Dr Mahathir, who is the Perdana Leadership Foundation honorary president.

He said one step which could be undertaken, especially in democratic nations, was for people to insist that all election candidates should declare that they would never go to war on others.

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Bush and Blair found guilty of ‘crimes against peace’ !

Bersih 3.0: the good, bad and ugly Malaysians

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When people who want change take to the streets, some stick to the perimeters of the law while others, with ulterior motives, break barriers and turn things unruly.

BERSIH 3.0 co-chairman Datuk Ambiga Sreenevasan‘s call for people to show their displeasure and demand for electoral reforms on Saturday brought out thousands of Malaysians from all races and walks of life in a colourful expression of free will.

But Ambiga’s calls also brought out the professionals the hardcore saboteurs who dreamt of regime change and the provocateurs who simply wanted chaos and trigger a mass protest that could eventually lead to the toppling of a democratically-elected government.

These people dream of sustained protests on the streets that eventually drive away tourists and worry investors.

Taking law into their own hands: Rioters using sticks and helmets to smash a car carrying the TV3 news crew as it was leaving Jalan Tun Perak, Kuala Lumpur, in 1999, soon after the verdict on Anwar was delivered.

Such sustained protests were last seen during the reformasi years in the 1990s with the arrest and jailing of the then Deputy Prime Minister Datuk Seri Anwar Ibrahim.

The same man was present on Saturday, after warning months earlier that Middle East-style protests could hit South-East Asian countries if the reforms were delayed.

If Ambiga thought she could keep everyone within limits, then she was sadly mistaken.

Different people read differently into a mass protest and the hardcore politicians in the crowd have other ideas too.

Reportedly, PKR deputy president Azmin Ali had egged on the crowd to break down the police barriers at Dataran Merdeka that were put up due to a court order declaring the place “out of bounds”.

Ambiga had given the order to disperse at about 3pm, but some marched forward and broke thorough the barriers.

They pelted a police car with bottles and stones, jumped on it and smashed the windscreen and later overturned it. They then attacked a police motorcycle and tried to grab a policeman’s gun.

The attack on the police car was reminiscent of an incident in 1999 when a TV3 car was set upon during the reformasi protest.

At a press conference later, Ambiga expressed shock over the turn of events.

The initial carnival mood where people were giving flowers to FRU personnel, who reciprocated by wearing them, was hijacked by a section of the crowd.

Ambiga described the violence as “highly unusual” and suspected that it could have been instigated by agent provocateurs.

The problem is that while Ambiga heads a civil rights movement which is winning support by the day from young people, who incidentally make up the bulk of new voters, she has chosen to tie that movement with Opposition politics.

She has given Opposition leaders an opportunity to ride on the Bersih movement.

Ostensibly, independent non-politicians fill the Bersih steering committee but they are also enthusiastic Pakatan Rakyat supporters.

The Opposition leaders are hardened politicians who have served time in jail, have courted arrest many times and are willing to take greater risk to trigger mass action.

During the two previous Bersih rallies in November 2007 and July 9 last year, a similar scene took place; a section of the crowd taking over the protest and turning it violent.

The same police force, which was peaceful in the morning, was forced to fire tear gas and arrest protesters in the afternoon.

It brings to mind DAP vice-chairman Senator Tunku Abdul Aziz Tunku Ibrahim‘s warning that by not using the stadiums offered, Bersih 3.0 “encourages Malaysians to break the law”.

He had said he supported an individual’s constitutional right to assembly but felt that it must be exercised within the provisions of the law. “As a lawmaker I am not willing to break the law.”

That same advice could also apply to Ambiga, a lawyer, but for politicians who desire regime change it is another matter.

The clock has been turned back on a burgeoning civil rights movement, and what could have been a shining example of peaceful protest, turned into a violent demonstration.

There were no warnings of reprisals in the days leading to Bersih 3.0, no roadblocks set around the city and no arrest of people streaming in for the protest.

But all that was blown away after some protesters breached the police barriers.

Many of the protesters who turned up on Saturday were those who genuinely wanted to bring about positive change. They had meant well and they represented middle Malaysia.

And, for the thousands of young Malaysians who braved Ambiga’s call for a sit-in protest over the slow pace of electoral reforms, it was their first baptism of fire and one that they can wear as a badge of honour.

 Comment by BARADAN KUPPUSAMY

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Bersih 3.0 rally: Malaysia braces for electoral reform protests 

More than 20,000 Malaysians march for election reforms, Bersih 3.0 rally 

Malaysian police fire tear gas at more than 25,000 protesters, Bersih 3.0 rally 

When the Malaysia’s Elections will be after Bersih 3 & Occupy Dataran?

More tests for Malaysian democracy

FCC Proposes:Fine for Google Wi-Fi snooping ‘obstruction’

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By TheStreet Staf

WASHINGTON — The Federal Communications Commission has proposed fining Google(GOOG_) $25,000 for obstructing an investigation into the company’s collection of data from unencrypted Wi-Fi networks in 2010, according to a published media report.

 Although the FCC has decided there was insufficient evidence to conclude that the data collection violated federal rules, the commission said Google deliberately impeded the investigation, The Wall Street Journal reported Saturday.

The probe looked at whether Google broke rules designed to prevent electronic eavesdropping when its Street View service collected and stored the data from the Wi-Fi networks, the newspaper reported.

The FCC proposed the fine late Friday night, the Journal said.

Google may appeal the proposed fine before the commission makes it final, the Journal said. The company has said that it inadvertently collected the data and stopped doing so when it realized what was going on, the newspaper added.

Shares of Google closed Friday down $26.41 at $624.60.

FCC proposes fine for Google Wi-Fi snooping case ‘obstruction’

By Zack Whittaker

Summary: The U.S. FCC has proposed a $25,000 fine after Google “impeded and delayed” an investigation into collecting wireless payload data from unencrypted Wi-Fi networks.

The U.S. Federal Communications Commission is proposing a $25,000 fine against Google for “deliberately impeded and delayed” an ongoing investigation into whether it breached federal laws over its street-mapping service, the Wall Street Journal reports.

The FCC initiated an investigation in 2010 after Google collected and stored payload data from unencrypted wireless networks as part of its Google Maps Street View service. Its intended use, Google says, was to build up a list of Wi-Fi network hotspots to aid geolocation services on mobile devices through ‘assisted-GPS.

The U.S. followed suit after many European countries, including Germany, which has some of the strictest data protection and privacy laws in the world. But the European nation went one step further and told Google to withdraw its Street View cars from the country altogether.

Google also drew fire from the UK’s data protection agency after it was told it committed a “significant breach” of the UK and European data lawswhen it collected wireless data from home networks. It was audited by the regulator and was told it “must do more” to improve its privacy policies. Google said it had taken “reasonable steps” to further protect the data of its users and customers.

But the FCC stopped short of accusing Google of directly violating data interception and wiretapping laws, citing lack of evidence. The federal communications authority did not fine the company under eavesdropping laws, as there is no set precedent for applying the law against ‘fair-game’ unencrypted networks.

The FCC took the action after it believed Google was reluctant to co-operate with the authorities after the scandal emerged. An FCC statement added that a Google engineer thought to have written the code that collected the data invoked his Fifth Amendment rights to prevent self-incrimination.

Google can appeal the fine. Despite the fine being a mere fraction of the company’s U.S. annual turnover, not doing so until its legal avenues are exhausted would almost be an admittance of guilt.

The search giant eventually offered an opt-out mechanism for its location database by adding text to the networks’ router name. But further controversy was drawn after another Silicon Valley company offered an opt-out only solution.

Facebook also drew fire from the regulators after the U.S. Federal Trade Commission allowed the social networking giant to settle, allowing users to opt-in to its sharing privacy settings, rather than opting-out; seen as a major win for U.S. users’ privacy on the site.

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Jail for Hoslan, a former imam who thew slipers at judges

Court finds former imam guilty of throwing slippers at judges

By M. MAGESWARI mages@thestar.com.my

PUTRAJAYA: A former imamwho created a stir when he threw his slippers at a panel of three judges during a court proceeding last month has been sentenced to a year in jail for contempt of court.Hoslan Husin, 46, was found guilty on grounds that he had failed to give a sufficient explanation for his conduct.

Hoslan, who wore a green serban and clad in a black robe, arrived at the Federal Court at 9.35am without any shoes.

Feeling remorseful: Hoslan apologised to the judiciary yesterday for what he did at the Federal Court.

Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin inform-ed Hoslan that a show cause notice had been issued to him for contempt of court after one of his slippers hit a deputy registrar who was on duty in court that day.

Hoslan was said to have committed the offence during a proceeding in the Federal Court between 10.15am and 10.30am on Feb 22.

Hoslan’s lawyer, Karpal Singh, said “his (Hoslan) actions is indefensible but there are other considerations”.

When asked to give an explanation, Hoslan said: “This is a charge imposed on me. I am confused. From the very beginning, everything has been confusing.

“The case should be heard in a Syariah court and not a civil court. The sentence for an imam should be decided by a Syariah court if he is found guilty,” he said.

Hoslan then started sobbing. He bowed his head and covered his face.

In an unanimous decision, Justice Zulkefli said the Bench convicted Hoslan for contempt of court after he failed to give a sufficient explanation during show cause proceedings.

In mitigation, Karpal said Hoslan regretted his actions and was prepared to apologise to the court.

Karpal said Hoslan, who is an environmental officer, has seven children aged between six and 16 and aged parents to take care of.

Hoslan expressed remorse for what had transpired in court and apologised to the judiciary.

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Judges, Throw the book at Hoslan!

Judges, Throw the book at Hoslan!

Throw the book at Hoslan!

ON THE BEAT By WONG CHUN WAI

By not taking action against him, the judges have sent a wrong message to Malaysians.

IT’S incredible that an imam who threw his slippers at judges was not cited for contempt of court on the spot. If we talk about respecting and upholding the law, the judges should have just thrown the book at him, so to speak.

The imam, Tuan Haji Hoslan Haji Hussain, got himself in the limelight last week when he lost control after his application for the Federal Court in Putrajaya to hear his appeal was rejected. He said he was frustrated when documents he had tendered were rejected as they were not sent within the stipulated time.

Hoslan’s problem started when he was removed as the imam of Masjid Al-Rahimah in Kampung Pandan in 2008. Then, in June last year, the Federal Territory Religious Council obtained a court order forcing him to vacate the imam’s quarters where he had been staying for a decade with his seven children.

The FT Religious Council obviously had a disciplinary problem with this former al-Arqam follower but Hoslan, in turn, claimed he had tendered documents alleging irregularities in handling mosque funds.

When the panel of judges heard this case on Wednesday, Hoslan threw a slipper, followed by the other one, at the judges. He then threw his ihram (a piece of white cloth) on the floor and performed the sunat prayer. His actions caused more than a stir.

Police later escorted him out of the court and he was told the judges had decided not to take action against him.

There was only one reporter who witnessed the incident and the judges sought his cooperation not to publish it. So, if not for the online news portal The Malaysian Insider, we would all have missed this unprecedented incident.

Calls by the other media to the offices of the registrar and judges were not returned when they tried to follow up on the report the following day. Only Hoslan seemed to enjoy the attention he was getting from the media.

The three-member panel of judges comprised Tan Sri Zulkefli Ahmad Makinuddin, who is Chief Judge of Malaya, Datuk Suriyadi Halim Omar and Datin Paduka Zaleha Zahari.

Obviously, the judges have shown compassion, tolerance and liberalism by not wanting to punish the guy. But in doing so, they have sent a wrong message to Malaysians.

They could at least have reprimanded him instead of pretending the incident did not happen and hoping that the media would not become aware of it.

It’s as good as telling us that it was okay for Hoslan to throw his slippers at the judges and then bad-mouthing them to the media outside the court.

It was only after this unfortunate episode became public knowledge that deputy registrar Jumirah Marzuki lodged a report against Hoslan – on Friday, two days later.

More incredibly, she was quoted as saying that she lodged the report because the second slipper which Hoslan had flung towards the Bench had hit her!

Come on, I am not sure whether she expected Malaysians, including the police, to share her disappointment or to laugh at her decision.

Justice Zulkefli has told the media “to let the police investigate”.

Let’s hope the police will not have to take a decade to investigate this open-and-shut case involving an irate man who really needs to have his head examined.

Zulkefli is spoken about affectionately by most court reporters, who describe him as a “kind person”. So they were not surprised when he said “the panel did not make any decision to cite Hoslan for contempt of court as it does not serve any purpose. We do not want to get into the drama. It will complicate the matter further.”

But there are some fundamental issues here. First, the Federal Court is the highest in the country. Two, the panel was led by the second highest judge.

Hoslan does not deserve to be treated like a hero for throwing his slippers at these top judges. By not taking action on the spot, our honourable judges may send the message that they did not mind the action of this man.

No one should be allowed to go scot-free for throwing things at the Bench because they are unhappy, angry, sad or insane. In law, students rely on past court cases or precedents. Well, this is one precedent of a man who threw his slippers at the judges and got away with it.

There is no other way in this case. Hoslan should be taken back to the court and punished. The fact that he is a religious figure should also be taken into consideration. He should have been more composed and exemplary instead of behaving in an outrageous manner.

Throw the book at him!

Frustrated imam ‘bares his sole’

By SIRA HABIBU and M. MAGESWARI newsdesk@thestar.com.my

PETALING JAYA: The imam who threw his slippers at judges claimed that he did it out of frustration.

Hoslan Hussain, 46, said he was extremely frustrated because documents he had tendered at the Federal Court had been rejected because they were not sent within the stipulated time.

“But there was no objection earlier during the case management. The case was rejected because the respondent MAIWP (Federal Territory Religious Council) objected,” he said.

Hoslan, a former Al-Arqam follower, created a stir when he threw his slippers at the panel of judges at the Federal Court on Wednesday.

“I became angry. I threw a slipper. I do not know who was hit.

“Then I threw another slipper. And after that I threw my ihram (a piece of white cloth) onto the floor and performed sunat prayer,” he said.

Hoslan said the police later escorted him out of the court and told him the judges had decided not to take action against him for contempt of court.

“I walked out barefoot,” he said.

Hoslan had tendered the documents alleging irregularities in handling mosque funds.

MAIWP had removed him as the imam of the Masjid Al-Rahimah in May 2008, and in June last year, obtained a court order forcing him to vacate the imam quarters where he had been staying for a decade with his seven children.

The Appeal Court and the Federal Court had upheld the High Court decision.

The three-member panel of judges comprised Tan Sri Datuk Zulkefli Ahmad Makinuddin, Datuk Suriadi Halim Omar and Datin Zaleha Zahari.

In Kuala Lumpur, a deputy registrar of the Federal Court lodged a police report yesterday over the slipper-throwing incident.

Deputy registrar Jumirah Marzuki lodged the report against Hoslan as the second slipper which he had flung towards the Bench had hit her.

Justice Zulkefli confirmed that the report had been lodged.

“Let the police investigate,” he said.

Asked about the incident, Justice Zulkefli said the panel did not make any decision to cite Hoslan for contempt of court as “it does not serve any purpose. We do not want to get into the drama. It will complicate the matter further”.

Head of corporate communications and international relations Mohd Aizuddin Zolkeply said the Chief Registrar’s office of the Federal Court denied any allegations by Hoslan, including that he had been denied his right to be heard fairly.

“It is unfounded. Our office has all recordings for hearings at the Federal Court,” he said.

Mohd Aizuddin said the judiciary took seriously matters which could tarnish its image.

Malaysia’s Anwar’s Sodomy Verdict D-Day 901; So near, yet so far?

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Sodomy verdict time, again

By LISA GOH lisagoh@thestar.com.my

PETALING JAYA: More than a decade after he was first convicted of sodomy, Datuk Seri Anwar Ibrahim will know tomorrow whether he is found guilty of a similar offence.

The decision in the Kuala Lumpur High Court comes at the end of a trial lasting nearly two years.

Anwar, 64, who has been charged with sodomising Mohd Saiful Bukhari Azlan, his 27-year-old former personal aide, faces up to 20 years in jail and whipping, if convicted.

In 2000, he was charged with sodomising driver Azizan Abu Bakar, convicted by the High Court and jailed.

His conviction was overturned in 2004 by the Federal Court in a 2:1 majority ruling and he was released.

He was charged on Aug 8, 2008 with sodomising Mohd Saiful at the Desa Damansara Condominium in Bukit Damansara in Kuala Lumpur on June 26, 2008.

He has adamantly maintained his innocence throughout the trial which saw 27 prosecution and seven defence witnesses (including Anwar himself, who gave a statement from the dock) called.

Solicitor-General II Datuk Mohd Yusof Zainal Abiden led the prosecution while veteran criminal lawyer Karpal Singh and S.N. Nair represented Anwar.

Highlights of the trial included the testimony of Mohd Saiful who told the court that Anwar asked him: “Can I f— you today?” Mohd Saiful said he brought KY Jelly lubricant to the apartment where the alleged sodomy took place.

Other highlights included evidence that there were up to five unidentified male DNA profiles found around Mohd Saiful’s anal region.

The identifying of Anwar as ‘Male Y’, whose semen was found in the complainant’s anus, was another dramatic turn in the trial.

His DNA, taken from a towel, a toothbrush and a water bottle, all of which were acquired from his cell at the Kuala Lumpur police headquarters in July 2008, had matched the DNA profile of an unidentified person labelled ‘Male Y’.

Anwar tried several times to have the sitting judge recuse himself – once over an allegation that Mohd Saiful, who was the key prosecution witness, had an affair with a prosecutor involved in the case.

All his applications to disqualify Justice Mohd Zabidin Mohd Diah failed.

Should Anwar be convicted, he would have two chances – at the Court of Appeal and Federal Court – to overturn the ruling.

If acquitted, he walks out of the High Court a free man.

So near, yet so far

Insight By Joceline Tan

Datuk Seri Anwar Ibrahim’s track record since his 2008 political comeback has been marked by missed opportunities. He is once again at a critical crossroads while his Pakatan Rakyat coalition struggles to find an alternative candidate for prime minister.

DATUK Seri Anwar Ibrahim looked a little tense during a packed press conference on Tuesday. He had a big week stretched ahead before his D-Day in court and he obviously had lots of things on his mind.

He kept his answers short and simple but managed to raise some eyebrows among reporters when he said that, “if I am jailed, involved in an accident or shot, we are prepared ….”.

What was he trying to say, some had asked. Who on earth would want to see him in an accident at this point in time? Surely not his supporters and the last thing his adversaries would want was to see him turned into a martyr.

Momentum to D-Day: Anwar, seen here with his daughter Nurul Izzah, has been on a nationwide roadshow to whip up sentiment over the court decision on his sodomy trial.>>

The press conference ended quickly and he flashed a dazzling smile as he left the room. He was in a hurry to go home to change and leave for a ceramah in Muar, Johor, later that evening. The Muar event was the first of a string of ceramah to whip up sentiment over tomorrow’s court judgment and Anwar has since blazed through eight states in six days.

The ceramah have attracted sizeable crowds but the sodomy trial has been a long and winding process, stretched over three years and fraught with so many delays that ordinary folk have been lost in the legal maze.

But the temperature has gone up again with the impending court decision and Pakatan Rakyat’s threat of bringing 100,000 protesters into Kuala Lumpur.

PKR, especially, is hoping to repeat the street protests that followed Anwar’s sacking in 1998, to create a wave of sympathy for Anwar and a momentum against the Government.

The Pakatan coalition has been talking about an Arab Spring in Malaysia and tomorrow’s demonstration is seen as another step in that direction.

Saiful: The victim in the sodomy trial eclipsed by the politics around Anwar.

SMS orders have been flying from the PKR headquarters to its local leaders to produce the numbers tomorrow. Every PKR division has been ordered to gather 500 members and they have been told to wear black or white, the colours of mourning.

The Internet has been afire with conversation about the event, with the pro-Barisan Nasional side condemning the event as an attempt to subvert the judiciary and the pro-Pakatan side condemning those condemning the event.

More than 300 police reports have been lodged against the planned demonstration and the last one week has seen pages in Utusan Malaysia filled with news critical of Anwar and the demonstration.

“The verdict is still out there even though the general impression is that he can’t run. Monday will be a closure to the judicial process of a high-profile trial. With a general election ahead, it will also provide everyone an opportunity for political posturing,” said DAP’s Jelutong MP Jeff Ooi.

The official stand of Pakatan leaders is that the trial is a conspiracy to stop Anwar from becoming prime minister and they will stand by him.

Privately, they have been quite exasperated at the see-sawing political path of Anwar.

He has not shown the leadership they expected. They feel let down, many of them have watched the sex video and come to their own conclusions.

MPs from DAP have been given notice to attend and show moral support but, said Ooi, there is no signal to members to turn up in full force.

Monday will be a closure to the judicial process of a high-profile trial. – JEFF OOI >>

DAP knows that the Tahrir Square type of agitation is not the Chinese cup of tea and their response to the call to protest has been muted. They believe that if a government is to be overthrown, it should be via the ballot box rather than by Tahrir Square tactics and Malaysia is definitely not Egypt or Syria.

Besides, DAP is now the government in several states and it cannot be seen to actively encourage protests against court judgments. They would not want the same disruption repeated in their own backyard.

A leading PAS figure said their leaders would be present in court tomorrow, but PAS is not mobilising their members to make up the numbers.

“If you’re thinking of the Bersih type of crowd, that’s not going to be the case,” said the PAS leader.

Some had expected Datuk Nik Aziz Nik Mat to come out with a ringing endorsement for Anwar but the Kelantan Mentri Besar was in the news for another reason this week.

He was photographed presenting the keys to the house the state government had given to Kelantan football star Khairul Fahmi Che Mat, also known as Apek. Apek is a fantasy of many Malay girls and Nik Aziz advised him to “cepat kahwin” so as to avoid committing sin.

However, former Umno minister Tan Sri Kadir Sheikh Fadzir caused a stir when he gave an interview praising Anwar as a “great Malaysian leader”.

Ummi Hafilda Ali, the woman who had sparked off the first sodomy trial, called her own interview to renew her attacks on what she labelled the “3 As” – Anwar, his wife Datuk Seri Dr Wan Azizah Wan Ismail and PKR deputy president Azmin Ali who is Ummi’s brother.

Perhaps the most telling part is how Anwar is quite alone this time around as he went on his roadshow.

It was quite a different scenario from 1998 when Abim activists and religious figures from PAS lent their weight to his cause.

The PAS response to tomorrow’s decision has been rather complex.

Top PAS leaders, especially among the ulama group, have never been totally comfortable with the idea of Anwar as prime minister.

They hate the religious pluralism associated with Anwar; it is anathema to their idea of Islam as the one true religion.

Besides, they have everything to gain from a scenario without Anwar.

As the party’s Selangor leader Datuk Dr Hasan Ali put it, Datuk Seri Hadi Awang or Nik Aziz would be PAS’ choice for premiership.

It has been amid such complexity that blogger-in-exile Raja Petra Kamarudin or RPK gave a shattering interview about Anwar in several newspapers.

People are still digesting what he has said about Anwar being a liability to his coalition, the allusions to his sexuality and what appears to be RPK’s opposition to a Tahrir Square phenomenon in Malaysia.

The blogger has gone overnight from hero to zero among the very people who used to hang onto his every word.

This is basically the ABU segment – the cohort that is going to vote for Anything But Umno; they had loved him when he was telling them what they wanted to hear.

But what he is saying now is not what they want to hear, never mind if it is the reality, and they have thrashed him black and blue and accused him of selling out.

Said a pro-Pakatan academic: “My sense is that RPK is speaking his mind. I don’t believe he has been bought. He has seen the opportunities come and go for Anwar and (Anwar) has not withstood the test. I sense he is disappointed with Anwar and his leadership of PKR. I know many people who are pro-Pakatan and who do not disagree with what (RPK) said except they cannot come out and say it.”

While the Umno side recognises the political gains from RPK’s interview, they are not exactly comfortable with him.

RPK’s power of the pen is quite different from any other. He is a maverick and Umno is not sure where or who he will strike next.

Insiders say RPK is still with Pakatan although he burnt his bridges with Anwar more than a year ago.

He has attacked mainly Anwar. He has spared PAS and DAP and he has advocated Anwar’s daughter Nurul Izzah as the post-Anwar alternative.

All sorts of nasty stuff has been said about RPK sitting out the freezing winter of Manchester in Phuket.

He is not rolling in dough as some imagine; he is there on the goodwill of friends, staying in a US$40 (RM126) per day hotel.

RPK wants to come home, a move he thought would be possible only if Pakatan wins power.

He was banking on Anwar leading Pakatan to take over Putrajaya but he does not see that happening.

Anwar is damaged goods, he has squandered what could have been and RPK is simply saying it out loud.

Anwar’s post-2008 track record has been marked by missed opportunities and a lack of discipline in his personal life.

Even feng shui expert Joey Yap added his two-sen worth about Anwar’s future.

According to Yap, Anwar, who is a metal element, will apparently have to struggle in the Year of the Water Dragon.

Tomorrow’s protest will probably be the most videographed ever. Apart from the media coverage, the police intend to video everything to defend their actions.

The most curious part of the maelstrom is how the person who started the whole thing seems to have been forgotten.

Saiful Bukhari Azlan, the alleged victim in the case, has been eclipsed by all the political activity. The once effeminate-looking Saiful has grown into a rather handsome man.

He is pursuing a distant learning degree from Universiti Utara Malaysia and recently made the Dean’s list.

His life has changed irrevocably since the day he accused Anwar of sodomising him.

Regardless of whether the court agrees or disagrees with him, Saiful will never be able to live a normal life as we understand it.

The Prime Minister’s office has been a case of so near, yet so far where Anwar is concerned but, as the Malays say, if it is meant to be, it will be.

If it is not meant to be, then Pakatan will just have to move on to another prime minister candidate.

Related posts:

901 Malaysian Anwar’s life D-day? Rally allowed – only at car park!

Rules for succession to Malaysian Kings

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Rules for royal succession

REFLECTING ON THE LAW By SHAD SALEEM FARUQI

For the first time in royal history, a reigning Sultan ascended the Federal throne the second time. The Sultan of Kedah had previously reigned as Yang di-Pertuan Agong from 1970 to 1975.

YESTERDAY, the distinguished reign of the Sultan of Terengganu as the 13th Yang di-Pertuan Agong came to an end and the Sultan of Kedah ascended to the Federal throne.

This draws our attention to the unique rules relating to the election of the Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong as found in Articles 32, 33, 38(2) and the Third Schedule of the Federal Constitution.

The rules are exceedingly complex and constitutional conventions have added to their richness. The salient features are as follows:

> Only the Rulers of the nine Malay states are eligible to contest or vote. The Governors of Penang, Malacca, Sabah and Sarawak are excluded.

> Voting is by secret ballot and a simple majority of five out of nine Sultans is needed to disqualify or elect a Ruler.

> Seniority (by reference to date of accession to the state throne) carries some weight but is not an overriding factor.

> Election is on a rotational basis to ensure that every Ruler (who is willing and suitable) has had an opportunity to become the Yang di-Pertuan Agong before any state occupies the Federal throne twice.

> A Yang di-Pertuan Agong cannot be re-elected to continue beyond his five-year term.

Exceptions to rotation rule: Under the Third Schedule, a Ruler is qualified to be elected Yang di-Pertuan Agong except in three circumstances.

First, if he is a minor. Second, if he has notified the Keeper of the Rulers’ Seal that he does not desire to be elected.

In 1957 the Sultan of Johor, in 1970 the Sultan of Pahang and in 1975 the Sultan of Johor stood down in favour of the next eligible Ruler. In such a case, the state’s name goes to the end of the “Election List” and the next Ruler in line is offered the post.

Third, if at least five members of the Conference of Rulers have by secret ballot resolved that a Ruler is unsuitable by reason of infirmity of mind or body or for any other cause to exercise the functions of the King.

There is no verifiable record of any such resolution though it is rumoured that there was at least one such precedent.

First election: For the first election of the Yang di-Pertuan Agong in 1957, an “Election List” was drawn up to indicate the seniority or precedence that Their Highnesses recognised among themselves. In his book, the late Lord President Tun Suffian Hashim informs us that the list had this precedence: Johor, Pahang, Negri Sembilan, Selangor, Kedah, Perlis, Kelantan, Terengganu and Perak.

Though Johor and Pahang were high up on the List, the Federal throne was offered by the Conference of Rulers to Negri Sembilan. Johor had declined and perhaps this was also the case with Pahang.

Second to ninth elections: The Election List drawn up for the first election is not permanent and is subject to constant revision in accordance with Section 4 of the Third Schedule which provides that the state that contributed the previous Yang di-Pertuan Agong should be transferred to the bottom of the list.

The state whose Ruler is elected as the current Yang di-Pertuan Agong should be omitted.

Whenever a Ruler dies or abdicates and there is a change in the Ruler of a State, then, due to the juniority of the new Ruler, his State’s name should be transferred to the end of the list.

For example, in 1958 the Sultan of Kedah and in 1959 the Sultan of Johor breathed their last. Their states were placed on the last rung of the Federal succession ladder.

If a Ruler declines or is disqualified, his State is moved to the bottom of the list. This is what happened to Johor and Pahang in 1957.

The above rules governed all elections till April 25, 1994, when the ninth Yang di-Pertuan Agong completed his term of office and the first rotation among the Sultans was completed.

Under section 4(3) of the Third Schedule new rules and a new election list took over.

Tenth and subsequent elections: When all states have taken their turn to grace the office of the Yang di-Pertuan Agong, the election list is then reconstituted in accordance with section 4(3) of the Third Schedule.

States are placed in the order in which their Rulers have occupied the office of the Yang di-Pertuan Agong.

The Malaysian Kings thus far:

1. Yang DiPertuan Besar of Negri Sembilan: Aug. 3, 1957 to April 1, 1960 (died in office).

2. Sultan of Selangor: April 14, 1960 to Sept 1, 1960 (died in office).

3. Raja of Perlis: Sept 21, 1960 to Sept 20, 1965.

4. Sultan of Terengganu: Sept 21, 1965 to Sept 20, 1970.

5. Sultan of Kedah: Sept 21, 1970 to Sept 20, 1975.

6. Sultan of Kelantan: Sept 21, 1975 to March 30, 1979 (died in office).

7. Sultan of Pahang: April 26, 1979 to April 25, 1984.

8. Sultan of Johor: April 26, 1984 to April 25, 1989.

9. Sultan of Perak: April 26, 1989 to April 25, 1994.

10. Yang DiPertuan Besar of Negri Sembilan: April 26, 1994 to April 25, 1999.

11. Sultan of Selangor: April 26, 1999 to Nov 21, 2001 (died in office).

12. Raja of Perlis: Dec 13, 2001 to Dec 12, 2006.

13. Sultan of Terengganu: Dec 13, 2006 to Dec 12, 2011.

14. Sultan of Kedah: Dec 13, 2011.

Unique features: In an age of egalitarianism and democracy, one would have expected monarchies to wither away. But they remain robust and popular and are symbols of stability, continuity and national unity in many lands including Belgium, Brunei, Denmark, Japan, Cambodia, Malaysia, the Netherlands, Norway, Spain, Sweden and the United Kingdom.

The Malaysian monarchy is rather unique because of multiplicity of sovereigns at the state level and the elective and short-term nature of the royal position at the Federal level.

Another remarkable feature is that a time lapse is allowed between the end of one reign and the commencement of another.

In England, the rule is that “the monarch never dies”. On the death, removal or abdication of one monarch, the successor assumes office retrospectively to the date on which the vacancy arose.

This is not so in Malaysia where twice in 1960, once in 1979 and again in 2001, on the death of the Federal sovereign, the new sovereign’s reign commenced a few weeks after the vacancy arose.

Perhaps this is because the Constitution provides for a Timbalan Yang di-Pertuan Agong to fill the breach temporarily till a new election is held.

On the creation of a vacancy, the Deputy King does not automatically ascend to the throne. His term is tied up with the tenure of the Yang di-Pertuan Agong.

Under Article 33(3), if the post of the King falls vacant, the Timbalan Yang di-Pertuan Agong acts on his behalf till the office of the King is filled, at which time the Deputy King’s term expires as well.

Yesterday was a unique moment in our royal history. A reigning Sultan, the Sultan of Kedah, ascended the Federal throne a second time, the first being from 1970 to 1975. May all blessings be with our new King and his consort.

Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and Visiting Professor at USM.

Certification for Malaysian IT pros ?

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Government seeks BOFH control By Natalie Apostolou

A proposal to introduce a bill to force all IT workers in Malaysia to be certified and registered via a single industry body has sparked agitation in the tech sector.

If the proposed legislation, the Board of Computing Professionals Malaysia Bill 2011 (BCPM), is passed, Malaysia will be the first country with a law which requiring IT professionals to be registered with a board before being allowed to practice.

Under the draft bill any professional registering with the board would have to pass examinations, possess professional experience and pay registration fees.

Those against the law claim that the talent pool may shrink if such stipulations are introduced and fear that the board will have too much control over who can be registered, or certified for lucrative government tenders.

The tech community has released a “Common Voice of ICT Professionals” response to the government proposal, stating that the industry is “alarmed” and “caught most of us off-guard”.

“We have not found any information and substantiation that suggests or concludes that the formation of the Board of Computing Professionals is the right and only answer to amicably resolve all matters that the Government perceive to be issues relating to the ICT profession, if such issues indeed do exist in the first place.”

Also under the draft of the proposed bill, unregistered IT professionals will not be allowed to “practice, carry on business or take up employment which requires him to carry out or perform the services of a Registered Computing Professional”. They are also forbidden from gaining any fees, charges, remuneration or other form of consideration for any professional technology services rendered. ®

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MCA against listing IT pros under a regulatory body

The Star 13/12/2011

MALACCA: MCA has voiced its objection against a proposed move by the Science, Technology and Innovation Ministry to register IT practitioners in the country under a regulatory body known as the Board of Computing Professionals.

Party president Datuk Seri Dr Chua Soi Lek said it was strongly against the proposed exercise embarked by the ministry.

“We will be made a laughing stock in the global arena if we go ahead with the proposed body. Nowhere else is there such a regulatory body,” he said after attending Kota Melaka 1MCA Medical Foundation dinner here last night.

He said the ministry should first seek feedback from IT practitioners before coming up with such a plan.

“The board is unnecessary because a code of conduct or guideline is more suitable.

“Furthermore, the fact is undeniable that most of the pioneer members of the local IT Industry are not those from IT background. Yet, they were able to soar,” he said, adding that he had expressed MCA’s opposition against the board to Prime Minister Datuk Seri Najib Tun Razak.

On another matter, Dr Chua called on Opposition leaders, especially those from PAS, to understand the religions practised by the Chinese community such as Buddhism and Taoism before making baseless comments.

He claimed that PAS leaders had made derogatory remarks during their ceramah, labelling the Chinese as “praying to Datuk Kong and Pai Kong and later may worship King Kong”.

“MCA is willing to provide classes to PAS leaders if they don’t understand the tenets and teaching of other religions,” he said.

New Bill will restrict IT users, says Pua

KUALA LUMPUR: There is no need to impose bureaucratic control over the information technology (IT) in Malaysia, said DAP national publicity secretary Tony Pua.

He said the proposed Computer Professionals Bill (CPB) 2011 would restrict those using IT, despite assurances by the Science, Technology and Innovation Ministry that there will not be any restrictions on computing services.

He added the Multimedia Super Corridor (MSC) Bill of Guarantees had promised “unrestricted employment of knowledge workers” and “no censorship of the Internet”.

“The information technology and computing industry has been operating without controversy, issues or impediment for the past decade.

“There is absolutely no bureaucratic requirement to restrict and control the industry, which will only bring adverse outcomes without any corresponding tangible benefit,” Pua said in a statement here yesterday.

IT professionals had raised a stink over the CPB 2011 since a copy of the Bill’s draft was made available online on Thursday.

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 IT folk upset over draft Bill Dec 10, 2011

IT folk upset over draft Bill

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Many say proposal will cripple industry

By JO TIMBUONG and GABEY GOH bytz@thestar.com.my

PETALING JAYA: Members of the Information Technology industry are up in arms over a proposed Bill that seeks to certify IT professionals, claiming it will cripple not help the industry.

Industry players said a draft of the Computing Professionals Bill 2011, released online on Thursday night, proposed that only registered IT professionals could create software or computer applications for government use.

The Ministry of Science, Technology and Innovation (Mosti) drafted the Bill, with the aim of maintaining a registry of certified IT professionals in the country.

It is a bid to ensure that only qualified professionals can work in the sectors classified under the Critical National Information Infrastructure (CNII).

The CNII covers, among others, banking and finance, cyber-security, the national defence industry, healthcare, emergency services, food and agriculture, and utilities.

The Bill will recognise two categories of IT talents certified IT practitioners who do not have formal qualifications, and certified IT professionals who have the full qualification.

But some industry players are arguing that the proposed Bill would in effect hinder innovation and development across the board because CNII was very broad in its scope.

Willie Chan, founder of business software maker xIMnet Malaysia, said anyone should be able to create software or applications, not just certified practitioners or professionals.

“If a doctor who writes code as a hobby comes up with a software that can benefit the health industry, shouldn’t he be allowed to market it to the Government?” he asked.

“If this draft passes into law, it will hinder such cross-pollination of ideas.”

Chan holds a degree in English Literature. Under the drafted Bill, he would be listed as only an IT practitioner, and would not be able to market xIMnet Malaysia solutions to the Government or its agencies.

Daniel CerVentus, co-founder of an online resource portal and community for entrepreneurs Entrepreneurs.my, believes that if such a situation were to develop, it would aggravate the country’s brain-drain problem.

Mosti said the Bill did not aim to regulate the entire computing profession and was only applied to those identified as working in CNII sectors.

It also said registration was not mandatory.

Mosti will be holding an open day at its Putrajaya premises from 9.30am to 5pm on Tuesday to collect feedback and suggestions.

China executes female gangland prostitution ringleader!

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Wang Ziqi was convicted of forcing hundreds into prostitution

The female head of a gangland prostitution ring in Chongqing in south-west China has been executed, Chinese media say.

Wang Ziqi was convicted in 2010 of luring hundreds of women to beauty salons or hotels and forcing them into prostitution.

She and her sister seized the women’s identity cards or ruined their reputations, reports said.

Chongqing has been the scene of a drive against corruption and organised crime.

A court in the huge metropolis in south-west China sentenced Wang Ziqi to death in August 2010 after convicting her of organising and leading a criminal organisation.

She and her sister Wang Wanning would control the women by such methods as seizing their identity cards, confiscating their earnings and detaining them illegally, according to cqnews.net, a website that belongs to the official Chongqing Daily.

Wang Ziqi is one of many gang members to have been sentenced to death or executed in Chongqing since 2009.

Chongqing’s Communist Party chief, Bo Xilai, has been waging a high-profile campaign in the city to smash corruption and criminal gangs.

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