Wednesday, May 13, 2009
Apathy of the majority?
He said that if protesters could come all the way from Kelantan and Kuala Lumpur, Perakians have no excuse not to be there.I wholly concur with RPK.The few I called to join in the protest had ready- made excuses why they could not. I wasn’t surprised; just angry.But this is nothing new about Malaysians in general. We have a ‘not in my backyard’ attitude on everything from the location of incinerators and telephone relay discs, to human rights abuse and even the simple matter of littering – as long as it is ‘not in my backyard’ and does not affect me directly, it does not concern me. Ergo, I do nothing about it – let someone else protest.What is wrong with Malaysians? Is it because of our feudal mentality that we don’t challenge our government? Is it cowardice? Or selfishness? Or are we too busy ‘cari makan’ that we cannot spare a little time to protest against any injustices.
Go to Indonesia and you can engage the-man- on-the-street in political discussions and you will be surprised how clued on he is . . . and how prepared he is to defend his rights.Koreans would have demanded that their prime minister step down in the same situation that our prime minister is in. They would never accept a prime minister with the kind of question marks hanging over ours.And it must be said, a Korean politician in office would probably have resigned or stepped down until the matter is resolved. They have a tradition of honour which our politicians lack. The same code of honour binds the Japanese and British.The Thais would never countenance the kind of power-grab that BN is guilty of. Nor would they expect interference from their monarch in the politics of the state like what the ......... of Perak has done.In Malaysia we are only just seeing signs of political activism by the populace. But still it’s largely centered in the Klang Valley and to a lesser degree in Penang.
And it must be said, it’s always the same people who storm the Bastille so to speak. Where are the others?While this is generally a Malaysian malaise; on the matter of the Perak Constitutional Crisis Perakians should be ashamed of themselves for their apathy. Do we expect the Kelantanese, Penangites or KLites to fight our battle? In a way it’s their battle too it must be said, but it is foremost our battle.
No one is asking Perakians to break the law but at least if they had turned up in numbers and stood silently in the prescribed mourning black, it would have sent a powerful message to the powers-that-be.This is not a matter of taking sides – it’s not a case of PR vs BN.
This is a matter of the rape of our Constitution. It should concern all Perakians whichever side of the political divide they are on. This is a case of the 'rakyat' having the final say in who they want to govern their state. Not who the .... wants? And if that cannot be resolved in the State Assembly then we should go back to the ballot box.Sometimes we have to act, because silence only encourages the tormentor. If we don’t speak up when others are being unfairly persecuted our turn will come and who will speak up for us then?
To paraphrase Dr Martin Luther King - the greatest sin is not perpetrated by those who have destroyed the Constitution or who have used force against peaceful protests, but the vast majority who have sat idly by.
Yin Ee Kiong A Proud Perakian
Monday, May 11, 2009
Court Rules, FRU Mobilize
The FRU vehicles rushed to SUK Perak with loud siren with their personnel’s in wearing riot helmet with batons patrolled the street.
Saturday, May 9, 2009
Perintah mahkamah tidak sah - Karpal
Mahkamah sepatutnya mendengar dan membuat keputusan berhubung permohonan Setiausaha Politik Ahli Parlimen Ipoh Barat, P. Sugumaran yang turut ditahan mengikut Seksyen 98 Kanun Acara Jenayah semalam.
Bagaimanapun, Karpal yang mewakili Sugumaran menarik balik permohonan itu hari ini kerana ingin memfailkan permohonan baru yang lebih teratur dan mengikut prosiding.
Karpal memberitahu, permohonan semalam tidak lengkap dan tidak teratur kerana dibuat secara tergesa-gesa.
Namun kata beliau, pihaknya mempunyai masa untuk memfailkan permohonan baru yang lengkap dengan afidavit sokongan kerana sidang DUN telah ditangguhkan.
Thursday, May 7, 2009
Battleground Ipoh; No explanation, arrest him first
"I received an official invitation from the Speaker... I have a right to be here. This is my constituency," Kulasegaran argued.
A shouting match began between Sugumaran and the police. It finally ended when Sugumaran was arrested. Both Lim and Kulasegaran then decided to leave. To read more click here.
DAP's Ipoh Timor member of parliament Lim Kit Siang, under whose area the state secretariat is located, is turned away from the building. Also with Lim are DAP's MPs for Ipoh Barat M Kulasegaran and Teluk Intan MP M Manogaran.
The three MPs had official invitations to attend the sitting from assembly speaker.
In an ensuing shouting match with the police, Kulasegaran's aide was arrested.
Wednesday, May 6, 2009
Cops get court injunction against tomorrow's gathering



The court injunction bars all supporters of political parties from gathering within 500 meters of the building, where the controversial state assembly sitting will be held tomorrow.
Wednesday, April 15, 2009
Constitutional Crisis
I spoke on a number of issues among which are:
1) We need a political solution to the Perak Constitutional crisis and the courts are not the best avenues to sort out this uncertainty
It is my personal opinion that to seek redress to the present constitutional stands still its best to sort it without any involvement of the Malaysian courts. The way the cases are been heard at the Federal Court now arouses a lot of uneasiness among the people. Why preference was given to the Perak constitutional cases in the first place?
I have spoken at length in Parliament on the necessity to appoint Judges of integrity, honesty and above all free of any political inclinations during the Judicial Appointment Commission bill. I even suggested the formation of a Constitutional Court. But actually even if we have a constitutional court how independent are the Judges of the executive?
2) One Malaysia concept of Najib just a myth.
When one notices the recent appointment of Ministers by Najib we can ascertain that important and powerful portfolios are held by UMNO chaps. The Ministries that I am talking about are the Finance, Home, Foreign and the Defence Ministry. The only exceptional time when MCA President Tun Tan Siew Sen held the Finance Ministry for over 10 years. The Barisan National has 14 component parties. All the other component parties except UMNO are just minor parties in the coalition without any real say in the running of the government.
Did Najib when announcing the new cabinet really put into effect his new concept of One Malaysia? If he had he should have at least appointed a Chinese and an Indian as Deputy Prime Ministers. His failure clearly shows that the slogan of one Malaysia is all talk and no action. Najib announced the one Malaysia concept just to win the hearts and minds of the non-Malays. I doubt the One Malaysia concept can achieve this.
Tuesday, March 24, 2009
Ridwan recuses from Perak Speaker suits
IPOH, March 24 - Judicial Commissioner Ridwan Ibrahim, a junior judge in Perak, has now recused himself from the two cases related to the Perak political crisis.It comes on the back of yesterday's Federal Court decision to return the suit filed by three former Pakatan Rakyat assemblymen against Speaker V. Sivakumar to the Ipoh High Court, reflecting the controversy over his judgments.
Hee Yit Foong, Osman Jailu and Jamaluddin Radzi, who are now independents supporting Barisan Nasional (BN), are challenging Sivakumar's claim that they resigned from their seats.Ridwan is also recusing himself from Perak Mentri Besar Datuk Zambry Abd Kadir and his six executive councillors' suit challenging the 12 to 18-month suspensions by Sivakumar for "unconstitutionally" accepting their appointments.
Sivakumar's lawyer Chan Kok Keong said Ridwan had announced his decision after meeting representatives from Sivakumar and the BN assemblymen's legal teams in his chambers.He said that in view of the Federal Court decision, the cases will now be heard before Judicial Commissioner Wan Afrah Wan Ibrahim.Ridwan had initially allowed the BN lawyer's application to refer the suit to the Federal Court despite Sivakumar's legal team that the state constitution had been used wrongly in the application.
The apex court's ruling effectively means Ridwan had interpreted the law wrongly.The case of the state exco against the speaker will be mentioned in Wan Afrah's court later today.The decision to allow Ridwan to hear the cases had already raised eyebrows given his junior status.
Malaysian Insider.
Tuesday, March 17, 2009
Picked from Ipoh Echo - An interview with Augustine Anthony

UNRAVELLING THE TRUTH BEHIND THE POLITICAL MESS IN PERAK
Ipoh Echo: Perakians in general are rather in the dark as to events clouding the Perak political landscape. How did events unfold?
Augustine: It’s common knowledge, judging from the sequence of events inthe past month, what took place. It all started with the appointment of Dato’ Dr Zambry, replacing Dato’ Seri Nizar Jamaluddin as the Mentri Besar on February 6. Beyond the legal aspects, it’s the feelings of the people that matter.
Ipoh Echo. What events have left a lasting impression on Perakians?
Ipoh Echo: How had the actions of the three BN-friendly assemblymen impacted the rakyat?
Augustine: The people felt that the three individuals had betrayed their trust.
Ipoh Echo: What are the other contributing factors?
Ipoh Echo: Can this outpouring of anger be averted?
Ipoh Echo: The rakyat have inferred that there is interference by the Judiciary insofar as the Perak situation is concerned. Your comments.
Ipoh Echo: There is a general feeling among Perakians that truth will be suppressed. Your comments.
Ipoh Echo: What is the effect of this mess on the rakyat?
Ipoh Echo: Do you think that this impasse will end on a happy note? What are the lessons learnt?
Ipoh Echo: How can this crisis be resolved?
Saturday, March 14, 2009
Further Damages
Friday, March 13, 2009
The Speaker can have his own lawyers

The court also ruled that there was no provision that the Speaker had to be represented by the state legal adviser as ruled by Ipoh High Court judicial commissioner Ridwan Ibrahim.
The decision of the three-member bench led by Justice Md Raus Sharif was unanimous. The other two judges were Justice R Abdull Hamid Embong and Justice Ahmad Maarop.
Thursday, March 12, 2009
Yes, JC's term extended, but questions remain
KUALA LUMPUR, Mar 11 - Ridwan Ibrahim, whose term as a judicial commissioner (JC) in the Ipoh High Court became the subject of much public debate in the ongoing Perak constitutional crisis, has had his contract extended for another two years.
"Yes, it has been renewed. Effective 1st March," de facto Law Minister Datuk Seri Nazri Abdul Aziz confirmed the news today.
Nazri told The Malaysian Insider that Ridwan's two-year term as a JC expired last February 28, but a renewal letter signed by the Chief Justice of Malaya, Tan Sri Zaki Azmi, has effectively extended the controversial judge's term.
He explained the renewal of a JC does not require the involvement of the Judicial Appointments Commission (JAC), the newly-minted body regulating the appointment of judges.
Asked when the letter was sent out, Nazri said he could not remember, but added it did not matter because the renewal can be backdated.
Ridwan recently made several controversial rulings in the Ipoh High Court, the most notable being an order stopping Perak Assembly Speaker V. Sivakumar from holding "any unlawful assembly."
He also ordered Sivakumar to only use the services of State Legal Advisor (SLA), Datuk Ahmad Kamal Md Shahid, to represent him in another case where three elected representatives are suing him for declaring their state seats vacant.
But the constitutional wrangle has become more muddled with Sivakumar suing the SLA in a separate suit filed in the KL High Court yesterday.
For federal lawmaker M. Kulasegaran (DAP-Ipoh-Barat), the real question to be answered concerns the accountability of a JC compared to a judge with full tenure.
"How can a trainee judge be allowed to decide a constitutional matter of such monumental significance which concerns the public?" he asked.
"By right the case should be heard by an experienced judge," added Kulasegaran, a lawyer by training.
Kulasegaran explained a JC is a judge-in-training who is put on a two-year probation period, at the end of which he is usually confirmed, relieved of his duties or chooses not to continue as a judge, such as Raja Aziz Addruse, a notable lawyer who was a former Bar Council president.
He noted that JC Ridwan had added to the complexity of the issue when he made the decision barring Speaker Sivakumar from chairing "unlawful" assemblies in chambers instead of in open court where the public can follow the arguments of the lawyers from both sides.
"Justice must be seen to be done," Kulasegaran emphasised.
Thursday, March 5, 2009
Speaker received the restraining order
Perak legislative assembly speaker V Sivakumar was today served with a court order restraining him from holding any unlawful assembly meetings.
The order was issued by Ipoh High Court judicial commissioner Ridwan Ibrahim.


The order in full reads:"It is hereby ordered that the 1st defendant, YB Encik V Sivakumar is restraint from convening any unlawful meetings purporting it to be a meeting of the Perak state legislative assembly."
Wednesday, March 4, 2009
Press Statement by Tommy Thomas for the speaker of Perak
I was told by the Court interpreter that the Judge wanted only one counsel from each party to attend before him in Chambers. Counsel entered his Chambers at about 9.45 a.m. The Plaintiffs were represented by Mohd Hafarizam Harun. The Deputy State Legal Adviser Zulkifli also appeared in Chambers. I represented the Defendants.
Pakatan Lawyers - No Locus Standi
Kulasegaran had earlier said that it was a conflict of interest that the legal advisor who acted for Zambry in a case last week represented Sivakumar in a case filed by Zambry today."How can he act for both plaintiff and defendant? It's a clear case of conflict," said Kulasegaran.When asked to comment on this, the deputy state legal advisor Zulqarnain said that he was only "looking after the interest of the government"."Our duty as legal advisor is to advise the government," he said before walking away. However, he did not indicate which government he was representing.
Ridwan will next hear an application by three BN-friendly independents - Behrang assemblyperson Jamaluddin Mohd Radzi, Changkat Jering assemblyperson Mohd Osman Mohd Jailu and Jelapang assemblyperson Hee Yit Foong - against Sivakumar for wrongly declaring their seats vacant using their undated resignation letters.
This application will be heard on Thursday.On that day, the judge will also be fixing another date to hear Zambry's and the exco members' application against their suspension.
The matter was adjourned this morning after the court ruled that the speaker could not be represented by private lawyers.

Monday, March 2, 2009
Pre-emptive strike in Perak
Today morning 11.00 am a summons was served on Speaker V Sivakumar and it was received by his political secretar A.Wasu.
The legal action is unprecedented because the courts are not usually allowed to review decisions of the legislature and do not usually have jurisdiction over proceedings of the assembly because of the doctrine of separation of powers.
However, an emergency sitting of the state assembly will be convened tomorrow and Barisan Nasional (BN) are eager to be properly represented because its government could otherwise be voted out of office.
Speaker Office Received The UMNO Lawyer Letters
10.45 am - All the reporter's were invited to Zamry's office for press conference by his office staff.
10.55 am - All reporters came back to Speaker's office.
11.00 am - 3 UMNO lawyer's came to Speaker's office to handed over the letter. The letter was received by his political secretary A.Wasu.
11.05 am - Zahir later told reported that Sivakumar was referred to the committee over his suspension of Menteri Besar Zambry Abdul Kadir and his six executive council members.
"Sivakumar has called for an emergency assembly sitting tomorrow but had not sent out notices of the meeting to Zambry and his exco members. Invitations were also not given to the three defected Pakatan representative, who are now BN-friendly independents"
More news to come later.
Friday, February 27, 2009
Emergency Meeting Of The Perak Assembly
The motions are on the vote of confidence on Pakatan Rakyat's ousted menteri besar Mohammad Nizar Jamaluddin as well as the no confidence motion on Barisan Nasional’s menteri Besar Zambry Abdul Kadir.
Press Statement
Emergency Meeting of The State Legislative Assembly of Perak D.R.
on 3rd March 2009
On 06.02.2009 I have written to HRH Sultan Azlan Shah, seeking HRH agreement to convene a meeting of the State Legislative Assembly the soonest it may be convened for the Assembly to determine and resolve who amongst the members of the State Legislative Assembly of Perak commands the confidence of the majority of members and qualifies to be appointed as the Menteri Besar of Perak.
In the said letter I have also requested HRH for the occasion of the swearing in of YB Dato Zambry Bin Abdul Kadir as the new Menteri Besar of Perak be adjourned to a date after the said meeting of the State Legislative Assembly of Perak.
It is now common knowledge that the events on the 06.02.2009 had overtaken the contents and relevance of my letter dated 06.02.2009 to HRH Sultan Azlan Shah.
I am now in receipt of two Notices of Motion dated 24.02.2009, which are proposed to be moved in the State Legislative Assembly of Perak with such requests that the need under Standing Order 27(3) of Standing Orders of the State Legislative Assembly of Perak (SOSLAP) be dispensed with.
As the State Legislative Assembly of Perak now remains in it’s 1st session after being constituted and having considered the dispensation of Standing Order 27(3) SOSLAP with powers of such dispensation provided for under Standing Order 8 SOSLAP in matters of emergency, I wish to inform that the State Legislative Assembly of Perak will convene an emergency meeting on the 3rd day of March 2009.
Dated 27.02.2009
YB V. Sivakumar
Speaker
State Legislative Assembly of Perak D.R.
Thursday, February 12, 2009
Constitutional Monarchy Rule of Law
You will find a signature on the top left hand corner of this article (1st page). The signature is non other then of Sultan Azlan Shah who did so for a friend of mine.
The irony is many of what is written in the article has not been fully practiced!
God bless writers!
To download the article click at the given link http://www.megaupload.com/?d=TV2GH515