Wednesday, July 22, 2009

Next.. who will be the head of the Royal Commission to investigate Teoh's death?

Cabinet approves royal commission

The decision to form the royal commission was made at the weekly cabinet meeting which was chaired by prime minister Najib today.

The government today agreed to form a royal commission of inquiry to look into the sudden death of political aide Teoh Beng Hock while under the watch of the Malaysian Anti-Corruption Commission last Thursday.





malaysiakini

Tan Boon Wah sues MACC for false imprisonment

Tan talking to his counsel Karpal. — Picture by Choo Choy May

themalaysianinsider

By Lee Wei Lian

KUALA LUMPUR, July 22 — Flag supplier and Kajang municipal councillor Tan Boon Wah has filed a lawsuit against the Malaysian Anti-Corruption Commission (MACC) for false imprisonment.

MACC chief commissioner Datuk Seri Ahmad Said Hamdan, MACC assistant superintendent Mohd Hassan Zulkifli and the MACC were named as defendants.

Tan was called in to assist in MACC investigations into RM2,400 worth of flags he supplied to DAP state assemblyman Ean Yong Hian Wah.


He had claimed last week following the death of Teoh Beng Hock, another witness in the investigation, that he had been subjected to racial insults from MACC officers.

Tan is seeking a declaration that under section 30(1)(a) of the MACC Act 2009 the MACC can only record statements from a witness during office hours.

Tan claims he was questioned by the MACC until the early hours of the morning.

DAP chairman Karpal Singh is acting as legal counsel for Tan.

"Kebebasan" media ala Najib pun bermula.....

Dalam tempoh beberapa hari lalu, perkembangan berikut berlaku di stesen-stesen televisyen milik Media Prima dan akhbar-akhbar utama :

- TV3, NTV7 dan 8TV diarah untuk tidak melaporkan sebarang komen/pandangan pemimpin Pakatan Rakyat mengenai kematian Teoh Beng Hock dan SPRM. Hanya komen BN dan pihak rasmi dibenar untuk disiarkan.

- Penerbit Berita Inggeris NTV7 diarah untuk memalsukan hasil tinjauan orang ramai ketika siaran berita stesen itu pada 21 Julai. Soalan berbunyi "Adakah Pakatan Rakyat telah mengeksploitasi isu Beng Huat. 88 peratus responden menjawab TIDAK. Hanya 12 peratus yang menjawab YA.

Namun arahan "atas" memaksa penerbit untuk mengumumkan bahawa 56 peratus daripada responden kononnya menjawab YA.

- Penerbit berita Saluran 8 atu 8TV dibidas oleh pihak "atasan" kerana menyiarkan visual polis menggunakan kekerasan ke atas orang ramai yang berkumpul sebagai tanda simpati terhadap Beng Hock depan pejabat SPRM Selangor Jumaat lalu.

Selain itu RTM, TV3,NTV7, 8TV, RTM diarah untuk tidak menyiarkan sebarang berita mengenai istana Khir Toyo atau mengaitkan isu itu kepada pemborosan Barisan Nasional, mahupun keengganan SPRM menyiasat mantan Menteri Besar Selangor itu.

-Semua suratkhabar diarah untuk tidak membesar-besarkan persoalan mengenai peranan SPRM dalam kematian Beng Hock.

- Akhbar Cina khususnya diberi arahan untuk tidak "lebih-lebih' dalam menyiarkan laporan mengenai kematian Beng Hock dan taktik-taktik yang digunakan SPRM. Akibatnya Akhbar Sin Chew terpaksa menarik balik berita pada saat terakhir yang mengupas cubaan Berita Harian untuk menjadikan kontrovesi kematian Beng Hock sebagai isu perkauman.


Minggu lalu, seorang penolong pengarang NTV7 Florence Looi diturunkan pangkat setelah beliau meminta seorang tamu di rancangan yang dikendalikannya untuk menilai prestasi Najib selepas 100 hari beliau menjadi Perdana Menteri. Tamu berkenaan memberikan markah C atau D kepada Najib, yang jelas tidak menggembirakan pejabat Perdana Menteri.

Semua perkembangan ini adalah lanjutan daripada arahan yang diterima oleh pengarang-pengarang media sebelum ini, sejurus selepas Najib Tun Razak mengambil alih kepimpinan negara dan berjanji untuk mendokong kebebasan media.

Arahan itu termasuk memastikan semua media memberi keutamaan untuk membuat liputan majlis-majlis Rosmah Mansor, isteri Najib. Arahan istimewa diberi kepada TV3, iaitu berita Rosmah harus disiarkan sebagai antara berita utama dan terawal dalam Buletin Utama 8 malam. "Must cover, Must use,(Mesti diberi liputan, mesti disiarkan)" itulah arahan yang diterima oleh Meja Berita TV3 bersabit majlis-majlis Rosmah.

Jelas, manipulasi berita malah fitnah yang mewarnai media arus perdana sekian lama berterusan, malah bertambah serius di bawah Najib. Beliau memberi kuasa kepada Datuk Ahmad Talib untuk menguruskan semua kandungan berita di stesen-stesen televisyen TV3,NTV7, TV8 dan akhbar NST dan Berita Harian.

Pelantikan itu disusuli dengan rombakan besar-besaran yang menyaksikan pengarang-pengarang kanan seperti Datuk Kamarulzaman Zainal diberhentikan. Begitu juga dengan Pengarang NTV7, Mohsin Abdullah. Pengarah Berita TV3, Wee Your Lee pula dipindahkan ke jabatan lain.

Ahmad Talib membawa masuk konco-konconya seperti Asraf Abdullah, Manja Ismail dan Ahiruddin Atan untuk memastikan berita yang disajikan kepada rakyat setiap malam di televisyen dan menerusi akhbar, adalah mengikut rentak pentadbiran Najib.

Semuanya tentu dibuat atas nama "kebebasan media" yang dicanang oleh Perdana Menteri 1Malaysia Najib.

TVA

Cabinet orders suspension of MACC officers

themalaysianinsider

KUALA LUMPUR, July 22 – The Cabinet decided this morning to order the suspension of all anti-graft officers involved in the investigation against a number of DAP and Pakatan Rakyat (PR) executive councilors in Selangor, following the public outcry over the suspicious death of political aide Teoh Beng Hock.

The Malaysian Insider understands that the suspension will be in effect pending police investigations into the death of Teoh, who was classified as a witness in the graft probe.

It is unclear so far if a royal commission of inquiry will be set up.

Politicians from both Barisan Nasional (BN) and PR have called for the royal commission to be set up.

MACC’s advisory board members have also urged the government to set up such a panel.

Prime Minister Datuk Seri Najib Razak is expected to make an announcement on what the Cabinet decides at a press conference this afternoon.


The Cabinet decision effectively puts into limbo the probe on the alleged misuse of public funds by the Selangor PR government.

PR leaders have maintained that the probe was politically motivated. They have pointed out that Teoh was called in for questioning over an alleged misappropriation of RM2,400, which had been denied, while allegations involving BN leaders and far larger sums of money have been ignored by the graft-busters.

Teoh had been called in by Malaysian Anti-Corruption Commission (MACC) to assist them in their probe last Wednesday.

MACC officials claim he was “released” at 3.45am the next day.

His body was found at 1.30pm last Thursday, sprawled on the balcony of an adjacent building.

The suspicious circumstances have put the spotlight on interrogation methods employed by law enforcement agencies.

Outraged PR leaders have elevated the death into a cause célèbre and put the Najib administration on the defensive.

The PM also has his hands full because some quarters within his own party have attempted to turn the criticisms levelled against the MACC into a racial issue.

The Umno-controlled Berita Harian, in an article written by New Straits Times group managing editor Zainul Ariffin Isa, had suggested that criticisms against the MACC were an attempt to weaken “Malay institutions.”

Zainul had also attacked the Selangor Mentri Besar Tan Sri Khalid Ibrahim for questioning whether “those of the same race as him” were able to act in a fair and just manner.

The Umno president, who has been trying to project a more inclusive administration through his 1 Malaysia concept, is now under pressure to rein in his own party machinery.

CCTV recording of Ritz Carlton/JW Marriott Jakarta bombing suspect prior to the explosion






Sodomy II : High Court grants prosecution team temporary stay

themalaysianinsider

By Debra Chong

KUALA LUMPUR, July 22 — The High Court today allowed the prosecution to hold off until Friday the handing over of certain evidence to Datuk Seri Anwar Ibrahim's defence team in the lead up to his Sodomy II trial.

Judge Datuk Mohamad Zabidin Mohd Diah granted a temporary stay to the prosecution, which would have been held in contempt of the court if it failed to furnish the extra items demanded by the defence by tomorrow.

The date for delivery, which would have expired tomorrow, no longer applies, deputy public prosecutor Shamsul Sulaiman told reporters.


The judge had last week ruled in Anwar's favour and ordered the prosecutors to hand over several key documents within seven days, including a full copy of the original closed-circuit television (CCTV) videos taken from a condominium where the 61-year-old opposition leader is said to have had sexual relations with his youthful accuser, 24-year-old Mohd Saiful Bukhari Azlan, last year.

The prosecution is appealing to overturn the High Court's decision at the Court of Appeal but cannot file the papers until the High Court judge has supplied the full grounds of his judgment, which could take another month-and-a-half.

Shamsul said the court is obliged to furnish the grounds of judgment within six weeks, by order of Chief Justice Tan Sri Zaki Azmi.

The High Court judge fixed Friday to wrap up the matter after Anwar's lawyer Amer Hamzah Arshad opposed the stay, claiming the defence was given too short a notice to reply to the prosecutor's bid.

Amer told The Malaysian Insider that the prosecution's attempts to delay giving the documents was an injustice to Anwar because he would then be denied a fair chance to prepare his best defence for a trial he has repeatedly claimed is based on “trumped up charges”.

The High Court will also mention on Friday Anwar's bid to strike out the charges against him and fix the trial date to start.

Musa Hassan dan Gani Patail Berpakat Menzalimi Anwar

Kes Liwat II : Pendakwaraya Kemuka Akuan Palsu Ke Mahkamah



Ketua Pembangkang Anwar Ibrahim memfailkan laporan polis terhadap Timbalan Pendakwaraya Hanafiah Zakariah dan Pengarah Pendakwaaan Suruhanjaya Pencegahan Rasuah Malaysia Razak Musa kerana memalsukan afidavit dalam kes Liwat II.

Razak dituduh berbuat demikian selepas mendapati afidavit beliau bagi mengagalkan permohonan Anwar supaya mahkamah menggugurkan pertuduhan liwat mempunyai maklumat palsu.

Hanafiah selaku pendakwaraya yang meneliti afidavit Razak pula dituduh terbabit sama kerana meluluskan akuan bersumpah palsu itu.

Anwar dalam permohonannya ke Mahkamah Tinggi Kuala Lumpur meminta supaya pertuduhan digugurkan kerana ia bermotifkan politik yang dirancang oleh Peguam Negara Gani Patail dan Ketua Polis Negara Musa Hassan.

Razak dalam akuannya berkata kesemua panel tiga anggota yang ditubuhkan SPRM bagi menyiasat campurtangan Gani dan Musa dalam kes Anwar Ibrahim mendapati dua individu terbabit adalah tidak bersalah.

Namun akuan bersumpah ini palsu apabila Menteri di Jabatan Perdana Menteri Nazri Aziz di Dewan Rakyat berkata salah-seorang dari panel mendapati adanya unsur-unsur campurtangan dari Gani dan Musa.

"Pihak pendakwaraya dengan jelas telah memanipulasikan bukti dalam kes ini, yang bermakna penipuan tidak terhenti setakat 1998 hingga 2009," tegas Anwar ketika ditemui media di Balai Polis Damansara.



TVA

Anwar takes Teoh’s case to the Malay heartland

themalaysianinsider

By Adib Zalkapli

SABAK BERNAM, July 22 — In an attempt to stop certain quarters from turning the death of Teoh Beng Hock into a racial issue, opposition leader Datuk Seri Anwar Ibrahim likened it to his black eye incident.

The former deputy prime minister was arrested soon after he was sacked in 1998 and was assaulted while in police custody by the then Inspector-General of Police Tan Sri Rahim Noor, resulting in a black eye.

“I was beaten up to a pulp, but thank God I was rescued, but some people died in custody,” said Anwar to some 3,000 people at a public rally in Sungai Besar, near here.


The rally, held near the Selangor-Perak border, appeared to be an attempt by the Pakatan Rakyat (PR) to mobilise the Malays to support the coalition in pressuring the government to form a Royal Commission of Inquiry to investigate Teoh's death.

Anwar told the largely Malay crowd that it was hard for him to accept the outcome of police investigations.

“Our ministers said do not politicise the issue, let the investigations be completed, but who is going to investigate? Musa Hassan?” said Anwar.

“Last time they said, 'Anwar was safe and sound',” he added, referring to Rahim's remark soon after his arrest 11 years ago.

Pakatan has been accused of undermining Malay institutions by Umno-controlled newspapers because of their criticism of the Malaysian Anti-Corruption Commission (MACC) over Teoh's death.

Teoh, who was the political aide to Selangor executive councillor Ean Yong Hian Wah, was found dead outside the commission's state headquarters in Shah Alam on July 16, one day after he was called in for questioning.

The police are currently investigating the death and the Cabinet will decide today whether a royal commission is necessary.

RM10,000 untuk pembunuh Teoh

Seorang individu berpangkat 'Datuk' menawarkan RM10,000 kepada mana-mana pihak yang boleh memberi maklumat yang membawa kepada penangkapan pembunuh Teoh Beng Hock.

Setiausaha DAP Perak, Nga Kor Ming berkata rakyat amat tidak berpuas hati dengan kematian Teoh yang berada dibawah pengawasan Suruhanjaya Pencegahan Rasuah Malaysia sehinggakan seorang Datuk yang tidak mahu identitinya didedahkan sanggup membuat tawaran sebegitu rupa.

"Ramai orang mahu tahu apakah punca dan situasi yang membawa kepada kematian Teoh, dan tawaran ini adalah galakan kepada mereka yang mempunyai maklumat untuk tampil ke hadapan dan membantu siasatan polis," kata Nga.



TVA

Ku Li slams MACC, says witnesses shouldn’t end up in coffins

themalaysianinsider

By Lee Wei Lian

KUALA LUMPUR, July 22 — Expressing concern that the recent death of Teoh Beng Hock is a sign that the Malaysian Anti-Corruption Commission (MACC) has gone “rogue”, senior Umno leader Tengku Razaleigh Hamzah said that nothing should be spared in the effort to find out the reason behind the death of the DAP political aide.

Tengku Razaleigh also hit out at the MACC for investigating minor cases while ignoring major examples of graft.

He said that Malaysians no longer feel safe or secure if mere witnesses called in to give evidence to a graft busting agency could be found dead the next day. "I feel it is very bad for a country like this. We have been independent for 50 years. Must people called up for queries end up in a coffin?" he told The Malaysian Insider.


Teoh was the political aide to DAP state assemblyman Ean Yong Hian Wah.

Teoh was called in last Wednesday to assist the MACC in its investigations into alleged misuse of funds by his boss. He was found dead the next day, sprawled on the roof of the adjacent building to the MACC headquarters in Shah Alam.

Police are now probing his death and the Cabinet is expected to discuss widespread calls for a Royal Commission of Inquiry into the tragedy.

Tengku Razaleigh said calls for a Royal Commission of Inquiry into Teoh's suspicious death would be of no use if the government does not follow through on its suggestions, pointing out that the government had ignored the recommendations of previous royal commissions such as the one that investigated the V.K. Lingam case of alleged judge fixing and on improving the police force.

He even likened the sidelining of previous royal commissions to "insulting the King."

The former finance minister also spoke out against the performance of the MACC, pointing out that it has not been as effective as its counterpart in Hong Kong at wiping out the corruption scourge.

He hit out at the commission for allegedly going after potentially minor offences but ignoring the major ones, saying that the current MACC model needs to be reviewed.

"This is a question of death you know. People want to know. I want to know. How could it happen? To a witness, who is going to give evidence and he is not even a suspect over the spending of RM2,400. Some people with millions of dollars, they get away with it and are not called for investigation."

The following is a transcript of TMI's conversation with Ku Li.

TMI: I understand you have some concerns about the recent death of Teoh Beng Hock who was found dead outside the MACC headquarters.

Ku Li: Yes. Why should anybody who is called for assistance into investigations or is held in the custody of the MACC die? There is no reason. I am not saying they are responsible for the death. That is subject to investigation. Can't they look after these people to ensure nothing happens to them? Must it happen like this all the time?

TMI: Do you agree with the calls for a Royal Commission of Inquiry?

Ku Li: That seems to be thinking of a lot of people. That may not necessarily be the best thing to do under the circumstance. You look at the previous royal commissions — on the police, on the Lingam tape. It leads us nowhere and the government doesn't implement all the recommendations even though it was formed in the name of the King. I think it's like insulting the King, not to implement those decisions. People took the trouble to give their views during the hearings. These are people of credible standing who spent their time and energy to get to the bottom of problems. But the government just ignores the recommendations. I hope if they set up a Royal Commission on Mr Teoh's death, they should dig up everything and leave no stone unturned so we can resolve this problem and make people really happy and satisfied but the government must implement what the Royal Commission puts up. It depends on the composition of the commission — who they pick and select. It must be people of unblemished character so that people do not doubt their integrity. This incident has brought about a lot of unhappiness in the country. People don't feel secure, people don't feel safe. People feel they are not protected if a man who is not a suspect, is called to give evidence to the MACC is found dead the next day, I feel it is very bad for a country like this. We have been independent for 50 years. Must people called up for queries end up in a coffin? I don't think that is what the government wants or what the people want. It's not very good for the country.

TMI: What changes do you recommend for the MACC? There have been allegations that MACC is being used as a tool to put down political rivals.

Ku Li: That is always the accusation of the opposition. But let me put it to you this way. It depends on how you read the MACC and how it is implemented. Also there are people running the MACC. Some may employ rough tactics so that they take over control of what they are supposed to do. I thought when the former prime minister wanted to amend the previous law on anti-corruption, he was going to base it purely on the Hong Kong model and I am very attracted to the Hong Kong model if not even to the Australian model.

TMI: Which aspects of the Hong Kong model are you attracted to?

Ku Li: Well, it is more or less the same except that you make it very independent and they were successful in fighting corruption in Hong Kong which was really rife in those days and after the inception of the anti-corruption law in Hong Kong and setting up the machinery to implement those laws, you see that there is minimal or even talk about corruption in Hong Kong. So it has borne fruit. I thought that our government would take that model in toto to implement here and plus whatever other new mechanisms that could be put in place to really stop the rot that is damaging our society. But obviously it is not. And now you see with this death of Mr Teoh, obviously the rogue has taken over the role of controlling all these things which I think is not right.

TMI: Do you think the MACC should be made answerable to Parliament rather than the prime minister's office?

Ku Li: Well it is very difficult for me to say. It must be independent, whether it is Parliament or whatever, I don't know. But we have to relook at the whole model.

TMI: Are you satisfied with the way the investigations have gone so far? So far, only the police have conducted investigations.

Ku Li: I think it is the right thing to do. Now, you are demanding for a Royal Commission and if it is ever set up then they should be neutral, independent and like I said, they should dig up everything and leave no stone unturned. The scope of the investigation is very important. Set up Royal Commission, a lot of hoo-ha and after some time, it dies down, nobody cares and I don't think it should be the case. This is a question of death you know. People want to know. I want to know. How could it happen? To a witness, who is going to give evidence and he is not even a suspect over the spending of RM2,400. Some people with millions of dollars, they get away with it and are not called for investigation.

TMI: Do you share the sense of unhappiness that certain Barisan Nasional personalities are not investigated by MACC but they are investigating these Pakatan Rakyat assemblymen?

Ku Li: That's why I mentioned just now, some people get away with it. Even people accused of amassing funds or fortunes to the tune of billions of dollars. These people are not investigated although accused. But in this instance, it is over RM2,400 for the purchase of flags or buntings.