LONE

Wednesday, May 31, 2006

IPCMC Establishment Deadline...Going, Going....

PM Abdullah Ahmad Badawi realise early in his premiership that something had to be done about the PDRM which he knew was beset with corrupted, integrity lacking and abusive members. So the PM went about to set up the Royal Commission to Enhance the Operation and Management of the PDRM Report. The rakyat agreed that this was good. The Commission spent plenty of time and of course plenty of taxpayers' money to study and made 125 recommendations. After a year, the Commission delivered its report to the KIng and PM in April 2005, ie more than a year ago. And in May 2005 that report was made public. Again the rakyat agreed that this was good.

But the release of the report was met with much hesitation of the one who initiated the Commission and even the IGP, some senior members of the PDRM, UMNO Youth and even some BN members of Parliament were not ready to embrace the report and ensure that the recommendations of the report was carried out ASAP. Immediately the PM said that a Task Force would be set up to study the 125 recommendations, all of which he promised would be implemented in due course. But over the past year or so, little of the work of this Task force has been heard of. It simply appears to be working in mysterious ways, if ever it has been deliberating the recommendations.

The jewel of the 125 recommendations is obvious the independent watchdog, the IPCMC or Independent Police Complaints and Misconduct Commission. This IPCMC was the recommendation, the rakyat wanted implemented ASAP. It was felt that this independent commission would transform the PDRM into a rakyat oriented, transparent, human rights complaint, competent, efficient and non-corruptible force. A force which the rakyat as well as the members of the PDRM would be proud of. But it appears that the PDRM itself and some BN politicians are fearful of such an independent commission which they think will emasculate the PDRM. Surprisingly, the IGP and some senior members of the force think along such line. They have even go to he extent of voicing their view publicly, an act which many felt is one of insubordination to their boss, the Internal Security Minister who happens also to be the PM! There were calls then for the resignation or sacking of the IGP who appear not to share his PM's views. But to he surprise of many, the PM appeared to side-step any confrontation with his IGP. Has this made the latter and his senior officers bolder.

The latest course of action taken by the IGP and some members of his force is the posting on the official PDRM website of a 12-page report containing some harsh criticisms by the police against the setting up of the IPCMC. The IGP now claims that he had not given the go-ahead for the posting. But he had only consented to the publication of the report which was meant only for the eyes of members of the PDRM, some of whom we know may have one or even both eyes closed and are therefore unlikey to read it. But was there another hidden agenda? Was it meant for the rakyat, BN politicians and others to know of the unhappiness and grievances of the PDRM over the IPCMC? Was the 12-page report some sort of a threat as stuff like voting for the opposition in 2008, loss of power by politicians, work-to-rule and even allowing crime rates to rise were mentioned. The 12-page has been taken out of the website but for those interested a summary of it can still be viewed here.

As for the PM, his response to the lastest act of some members of the PDRM is to side-step the issue. He said only a a minority group in the PDRM was objecting the setting up of the IPCMC and this group did not reflect the feelings of the majority in the PDRM. He reassured that the AG has been asked to take into account the views of various sides relating to the establishment of the IPCMC. It has been more than a year since the Task Force has been tasked with deliberating the 125 recommendations and the establishment of the IPCMC. What has the chairman ie the PM has to report regarding the progress.

But the PM, being a truthful person and one possessing integrity and a conscience and being fully aware of what the rakyat want, will eventually see to the establishment of the IPCMC as he ad promised. The rakyat will just have to be patient and wait. Of course the PM, being one with the rakyat will deliver on his promise. Further resistance by the PDRM or delay in the establishment of the IPCMC will see the PM losing much of the goodwill he gained when he presented the BN manifesto during the 11th election campaign. He is obviously aware of this and cannot fail to deliver. If he still thinks that the IPCMC can be delayed, just think of what happened on "Bloody Sunday" and this summary despatch of a suspected robber to kingdom come, events which the rakyat feels are good reasons for the existence of the IPCMC. But it is obvious that the IPCMC Establishment Deadline is going, going...gone.

| ¶ 5/31/2006 02:29:00 AM

Friday, May 26, 2006

Justice Gopal Sri Ram Castigated/Criticised

This item was reported both in the Star [Court of Appeal judge Justice Gopal Sri Ram criticised] and the NST [Judge Sri Ram castigated by Federal Court]. Justice Gopal Sri Ram was criticised by the famous Judge Datuk S. Augustine Paul over the former's "blatant disregard of the doctrine of stare decisis". Being no legal eagle, i am thoroughly confused by what the famous judge has to say. Is it that according to this doctrine, precedent judgements made by a superior court judge must be followed to the letter even though a subordinate court judge consider the judgements not right? Does this make sense?

This doctrine of stare decisis can be found in an entry in Wikipedia. This entry mentions that ::

And while lower courts are bound in theory by higher court precedent, in practice judges may sometimes attempt to evade precedents, by distinguishing them on spurious grounds. The appeal of a decision that does not follow precedent might not occur, however, as the expense of an appeal may prevent the losing party from doing so. Thus the lower court decision may stand even though it does not follow the higher court decision, as the only way a decision can enter the appeal process is by application of one of the parties bound by it.

Any legal eagles out there who can enlighten confused me?

| ¶ 5/26/2006 09:55:00 PM

Thursday, May 25, 2006

"Close one eye" YB faces "Whips"

After some delay, the Yang Berhormat who told the Malacca Customs Dept to close one eye over some too big logs and also alleged that the Customs DG had an axe to grind with him, finally got to face the BN chief whip and his deputies. Not one of the participants wanted to tell exactly what transpired during the face-off but the chief whip apparently had this to say ::

"We have recorded all testimonies needed and decided that, because certain agencies are investigating the honourable MP from Jasin, it is not appropriate for us to make a decision and announce it now," Najib told a press conference at his office here Thursday.

"Doing so (announcing a finding) could affect the investigations being conducted by the ACA and police. So, it's better for us to wait until their probes are completed and until then we are deferring making any decision on the matter relating to the Jasin MP."

It is now obvious that the BN panel is not ready to announce its findings and decisions. It wants to wait for the ACA and the Polis to complete their investigations. Will we then have the BN whips, the ACA and the Polis getting together and coming out with a common decision on the "close one eye" YB? Or will each of them be deferring its decision till the other has made its decision so that each of their decision does not affect the decisions of the other two?

In the meanwhile the "close one eye" YB can continue to go about with either one or both of his eyes wide opened or shut. Why is it that our leaders are having so much difficulties comng out with a decision on such an "open and shut" case? What is the purpose of the BN whips recording testimonies and investigating when it is not prepared to make a decision? Can someone please answer?

| ¶ 5/25/2006 11:39:00 PM

Sunday, May 21, 2006

Good Show by Alternative Parties in Sarawak Election

The Sarawak BN thought it would make a near-clean sweep of the seats as before. But it was not to be. Winning 2 seats uncontested on nomination day, it picked up another 60 for a comfortable 2/3 majority win on election day.
But this time around, the alternative parties managed to grab some of the urban seats with an independent picking up one too. Of the nine seats which did not go to the Sarawak BN, 1 went to independent Gabriel Adit Demong who won N.43 Ngemah; the DAP picked up Kidurong, Bukit Assek, Meradong, Pending, Kota Sentosa and Batu Lintang, SNAP won N.28 Engkilili while PKR won N.9 Padungan. With the wins by the alternative parties there would be a stronger check against the excesses of the Sarawak BN.

The biggest loser in this Election is SUPP, which lost 8 of the 19 seats it contested. SUPP president is said by the press to be visibly distressed and puzzled by thge party's losses. The STAR quoted him as having said ::

"We want to know why we lost. We want the rakyat to tell us why they are so unhappy and why the Barisan lost so badly in Chinese areas.

SUPP worked so hard, not only during elections, but all this while. In Miri, we did so well, so this adds to the puzzle."

If the SUPP president is truly not aware of the reason for his party's losses, then someone should tell him. Being just yes-men in the State Assembly is the reason and if the SUPP continue to do that it might just become irrelevant in future elections.

Syabas to all those who won and may they all work for the betterment of the rakyat in Sarawak.

| ¶ 5/21/2006 09:41:00 AM

Saturday, May 13, 2006

Are there many YB Forwarding Agents

It looks like our "close one eye" YB is more than just a forwarding agent for the rakyat who put him in Parliament. As the YB for Jasin he has a job being a forwarding agent, bringing along to Parliament the woes and problems faced by his constituents living in Jasin. With the recent furore caused by him over the "close one eye" suggestion to the Melaka Customs Dept, he has taken upon himself to explain what happened to his local boss and UMNO VP while waiting for the calls to face the BN leadership and the ACA.

The said YB also has a forwarding company named Binyu Sof Enterprise which was involved in bringing in logs from Indonesia that did not conform with the permitted size. He is also a director of Purnama Mutiara, this company was fined by the Customs for trying to smuggle VCDs, some said to be 'smutty' ones, to Indonesia 7 years ago. Like the non-permitted timber, our YB has also claimed the said VCDs belonged to some other company. Makes many wonder how many other forwarding companies he is associated with and whether he has been making one too many "close one eye" requests for owners of stuff similar to those timbers and VCDs. To wonder further, are there more of such YB forwarding agents out there?

| ¶ 5/13/2006 06:54:00 PM

The Dead are
Alive :: EC

As far as the EC, Election Commission, is concerned the dead can be alive on its electoral rolls. This issue of having the names of those who have long gone to a better still present in the latest updated and clean and complete electoral rolls appear to crop up each time general elections are held.

Just as "the hills are alive" in the Sound of Music, "the dead are alive" in the EC rolls as long as the National Registation Dept [NRD] does not inform the EC of the deaths. Despite being now linked to each other via an integrated information system called 'Alice', the EC and the NRD appear to have problems with dead voters. Is it because there are phantoms in this system called 'Alice'? Or are things being conveniently left in its present state for "phantom business"? Why must the EC expunge names of dead voters only when informed by the NRD? Can't family members armed with death certificates notify the EC of the death of a voter?

There is this story in the Borneo Post about the late Sadiah Taha, who would have been 108 years if she is still alive. She passed away in 1975 but her name as well as those of her three other relatives, all dead too, still appear on the electoral roll. According to family members, the EC has been informed numerous times of their deaths. Guess the EC is still awaiting notification by the NRD. Meanwhile the phantoms have a chance to continue with their hanky-panky stuff.

| ¶ 5/13/2006 06:30:00 PM

Friday, May 12, 2006

A Tale of Two "Yang Berhormats"

The Shahrir-Said saga has still to unfold to its fullest but sufficient has been aired so far for the public to make their conclusions regarding these two "Yang Berhormats" or "YBs" and their gang the BN. Members of the BN gang obviously are concentrating on showing that they are those of high moral fibre "innocent till proven guilty" type. Have we heard anything from those guys of high integrity in the BN component parties like MCA, MIC, Gerakan etc etc. Not a squeak from them. They are all waiting for the go ahead form the only component party that counts in BN, after all they are only little boys and girls who are ever ready to jump only when told to do so. As for their conscience, that is if they possess any, it is taking a back seat somewhere in the blue yonder. Toe the line, come what may, is the order of the day. But the public is not so dumd and many have formed that conclusions regarding these BN YBs. i appear to have digress.
Back to the topic proper. As we have been made aware the YB who deserves to be YBed has resigned from being the BNBBC chairperson. He did so because he had committed a "major crime" in the BN code of conduct book, that of supporting a motion proposed by the opposition. As for the reason he did so, let him speak for himself, according to the SUN, the YB used to tell his colleagues ::

"If a motion merits support because it is for the good of the people and the country, regardless who made it, we as MPs - as representatives of the rakyat - are duty-bound to support it."

The way he has been treated by his deputy, fellow BN backbenchers, the BN whip and the deputy whip and even the BN president and UMNO boss over the present saga speaks volume. They all obviously do not share in his snese of integrity and purpose. They are obviously not in support and do not believe in these words of his ::

"Only if they are willing to abide by the noble practices of other parliaments and principles of parliamentary democracy which we must uphold in order to reform our national legislature."

Being aware of all these and in line with his thinking and sense of purpose, he has to do more than just resign as BNBBC chairperson. He should do what is ultimately right and consonant with his sense of integrity, he should dissociate himself and leave the BN gang. i, for one am waiting to see him do that.
As for the other YB, if he still calls himself that, enough has been said about him in the media and no more need to be said. Over the next few days, one only has to follow the NST to discover more "dirt" about this YB. See what his company, one named "Pearly Full Moon" has been up to in the past. He will probably be called "Yang Berhormat" wherever he goes but will he be aware of what would silently follow that now dubious salutation. Like the other YB, will he do the ultimate honourable thing left for him to do?
We are also told that he will be facing the BN leadership to explain his actions soon. Does he need to do this in order to help him decide what he really need to do now that he is not so YB?
Now what is our BN helmsman up to? Claiming that he is the Parliament head and at the same time wanting his deputy to deal with this recalitrant YB, who has been labelled as a "crook" in Parliament by the opposition leader? Is the Parliament head lookng for somebody else to do his "dirty stuff" for him when it comes to dealing with a less honourable member of his BN gang. So much for our PM who has been preaching honesty and integrity from almost day one of his helmsmanship The whole saga tells us lots about what the BN really represents and stand for. The PM's election promise of 'seeking a higher level of performance and integrity among elected BN representatives’, has it truly any meaning?

| ¶ 5/12/2006 07:03:00 PM

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