Friday, November 23, 2007

Bar EGM Praises Royal Commission Inquiry set up; Suggests wide ranging Terms of Reference; Call - Judicial Appointment Commission & Judicial Reforms

UPDATE: and a Smart lawyer trying to outsmart the 1562 present at the EGM

November 23, 2007 18:30 PM
Lawyer Wants To Declare Resolution In EGM Illegal
KUALA LUMPUR, Nov 23 (Bernama) -- A lawyer filed an application today seeking to declare the resolution passed at the Malaysian Bar's Extraordinary General Meeting (EGM) yesterday relating to the controversial "Lingam" video clip as unconstitutional. Lian Meng Wah claimed that the Bar Council did not have the right under the Legal Profession Act 1976 (LPA) to propose any motion for consideration at the EGM as it is not a member of the Malaysian Bar. Lian, a member of the Malaysian Bar, filed the originating summons together with his affidavit at the High Court registry here today through Messrs Chambers of Murthi & Partners, Advocate & Solicitors. He is also seeking a consequential order to set aside the purported adoption of the Bar Council motion yesterday as a resolution of theMalaysian Bar by the members assembled at the EGM.
Lian wants a court order to declare that the purported motion proposed and circulated by the Bar Council at the EGM contravened the LPA and that the call made in the motion was unconstitutional and illegal, ultra vires and not binding on the Malaysian Bar. He named the Malaysian Bar as defendant.

The motion included the call to support the Royal Commission investigating the "Lingam" video clip as well as to deplore and condemn the manipulation of appointments and promotion of judges by any party which interfered with the independence, integrity and credibility of the judiciary.
The video purported to show a lawyer brokering judicial appointments with a senior judge. The motion also called upon the government to advise the Yang di-Pertuan Agong to establish a Royal Commission to consider the veracity of the allegations made by V.K. Lingam's brother V.Thirunama Karasu in his police reports where serious allegations of corruption were made against a member of the Bar, a former chief justice, a former attorney-general, a former senior police officer, a former court of appeal judge, a present court of appeal judge, a former high court judge and a former Industrial court chairman.

It also called for an investigation and recommendations for judicial reform and on any aspect of the administration of justice in Malaysia. Lian also sought an injunction to restrain the Bar Council from publishing, implementing, acting upon, prosecuting or canvassing the purported resolution of the EGM. A total of 1,562 members attended the EGM yesterday.

= == = == = == == == == = = Original post below
Malaysiakini came out with a late report on the BAR EGM On

Judges, back us on judicial reform
with dire Police warnings on Hindraf Sunday gathering in
Hindraf rally: Cops warn of 'stern action'

= == = == == = ==

Bar EGM Praises Royal Commission Inquiry set up; Suggests wide ranging Terms of Reference; Call for Judicial Appointment Commission & Judicial Reforms

The Bar council had too many high hopes in their EGM and made far too many proposes and suggestions and adopting resolutions which are contrary to the declared government stance as enunciated by the defacto Law Minster Datuk Nazri Abd Aziz - “where is Judicial Crisis?” in the many interviews he gave and his declared stand in the 101 East Forum (for Videos & Transcript Go H E R E) on democracy, people’s power and “no need for institutional changes”. They just could not perceived and openly admit their own faults hiding in “a coconut shell” just like the wrong move they wanted to keep Proton within the folds of the local hands and the immediate reactions from the investors in dumping its shares to a 7-year low. They just cannot and do not want to read the feelings of the of the vocal and thinking “minority” and in the case of Proton the real investors. So what was NOR MOHAMED response?: “No reason to fret over Proton shares decline” when millions are wiped off.
How can they give up the right to the appointment of judges by the setting up of a Judiciary Appointment Commission? Without their presence the Government would feel vulnerable and “unprotected” when challenged in the courts. How could they operate and govern if time and again they are proven wrong in courts. Where will they have the opportunity to manipulate the many going ons which can go wrong?
So most likely the terms of Reference in the setting up of the Royal Commission of Inquiry would be narrow - only to determine the Lingam Video Clip problems. Why would they want to bring out the many Judiciary problems as perceived by ONLY 1552 lawyers present in the EGM and “dry-cleaned” them in the Inquiry. There argued they are thousands who did not attend and would think otherwise.
As to the argument by the Bar to create “awareness on the goings-on in the judiciary among the ordinary people Nazri might retort as in the 101 Forum

what do you mean by people? Are you saying that I don’t represent the people? Are you saying that the Government does not represent the people? We are elected by the people. What people are you talking about?

And the SIL would chorus

to say that is the sum collective of the Malaysian political consciousness, I think it's a stretch...... then I would have expected 80 percent of those present would have been people who had no absolute political affiliations

They could easily bring out a Million people from the heartland to silence everybody. So Bar Council keep your fingers crossed but don't change your strong believes that the "Good would eventually triumph over the evil"

= == = == == == == = == = = =
November 22, 2007 22:11 PM

Bar EGM Lauds Royal Commission, Proposes Terms Of Reference
KUALA LUMPUR, Nov 22 (Bernama) -- The Malaysian Bar Extraordinary General Meeting (EGM) Thursday unanimously adopted a resolution welcoming the government's decision to set up a Royal Commission to inquire into the controversial video clip featuring lawyer Datuk V.K. Lingam allegedly brokering judicial appointments. Bar Council president Ambiga Sreenevasan (BELOW) said the EGM also proposed terms of reference for the soon-to-be set up commission.
Following are the terms of reference:

1. To enquire into, consider and determine the circumstances of the 2002 video recording, and the veracity of the assertions made by the person appearing in the said recording.
2. To enquire into, consider and determine the following:

i. the manner, nature and extent of involvement (if any) of all parties mentioned in the video recording and the nature of their dealings with the executive and judiciary in connection with the appointment and promotion of judges.
ii. the manner, nature and extent of involvement (if any) all parties mentioned in the video recording directly or indirectly in cases before courts in
iii. all acts carried out by the judges mentioned in the recording with specific regard to the basis of their appointments and promotions
iv. generally, the appointment and promotion of judges, including the procedure, methodology and criteria applied.

Ambiga said the EGM also adopted a resolution calling for the setting up of a Judicial Appointment Commission which the Bar has been asking the government for many years. She said members also unanimously passed a resolution supporting the Bar Council's call for judicial reforms by working together with the judiciary. Ambiga told reporters the EGM decided to defer another motion calling for a nationwide symbolic one-hour boycott of the courts to create an awareness on the goings-on in the judiciary among the ordinary people. "We did it in good faith. We decided to discuss the motion in our next annual general meeting in March since the government had responded to our call to set up a Royal Commission of Inquiry," she said. On other issues raised by members who attended the four-hour meeting, Ambiga said most of them expressed their concern on what was happening in judicial appointments and in the judiciary over the last 20 years.
"Members also expressed concern on the plight of the victims of miscarriage of justice that has happened over the years. A lot of people had suffered," she said.
Ambiga also called on the authorities to look into two police reports lodged by K.V. Thirunama Karasu, the younger brother of Lingam, in March this year.

A total of 1,552 lawyers attended the EGM.

= == = == = == and MORE threats OR FRIENDLY Advices from the Police
UPDATE, latest from M'siakini,

More arrested
= == = == = = from theSUN; Three arrested over planned Hindraf rally

R. Surenthira Kumar
PETALING JAYA (Nov 23, 2007): Police have arrested three key officials of the Hindu Rights Action Force (Hindraf) that is planning to go ahead with a mass rally on Sunday outside the British High Commission in Jalan Ampang although police had rejected their application to do so.

They are expected to be charged under the Sedition Act later today.
The three men are:
Hindraf adviser, lawyer P. Uthayakumar, who was picked up at his office in Bangsar at about 10.30am
Hindraf chairman, lawyer P. Waythamoorthy (Uthayakumar's brother), who was arrested at the Shah Alam toll plaza about 3pm
V. Ganapathy Rao, who was arrested when he went to the Selangor police headquarters to see Uthayakumar about 2.45pm
Lawyer N. Surendran went to Selangor IPK in Shah Alam about 2.45pm when Uthayakumar was taken there by a police team. He was accompanied by Ganapathy Rao and Parti Keadilan Rakyat supreme council member S. Manickavasagam. However, when Surendran came out 20 minutes later, he told reporters that Ganapathy Rao had been arrested as well. He said he was informed by a police officer with the rank of Assistant Commissioner that the three men would be charged in Klang later today. Outside the IPK grounds, about 200 people had gathered and when the police car carrying Uthayakumar drove past the gate, shouts rang out and some rapped on the car window. Several empty mineral water bottles were also thrown at the car. On Monday, a police team had raided Uthayakumar’s law office with a warrant, in search of a publication that he had authored. They found nothing there. Simultaneously, another team searched Waythamoorthy's office in Seremban, Negri Sembilan, where some 2,500 booklets, pertaining to a suit that Hindraf had taken against the British government, were seized.

Hindraf planned Sunday's gathering to hand a memorandum addressed to the Queen of England to support a class-action suit against Her Majesty’s government for bringing Indians to Malaysia as indentured labourers and exploiting them for 150 years. It is seeking RM27.7 trillion in compensation. According to Manickavasagam, the rally will go on despite the arrests. Yesterday, for the second day running, police security checks at a number of roads into Kuala Lumpur caused traffic congestion. Earlier today, lawyer M. Manoharan told theSun police had served him, Uthayakumar and several other Hindraf officials a restraining order to stop them from participating in the rally. Police got the order from the Kuala Lumpur magistrate’s court, which also restrains all Hindraf supporters from participating in the gathering, which police said could disrupt public order.
04:23PM Fri, 23 Nov 2007= == = == = == = == = == == = == == = =

November 22, 2007 20:11 PM
Illegal Assembly Will Harm National Economy, Says IGP

MELAKA, Nov 22 (Bernama) -- The planned illegal assembly on Sunday by the Hindu Rights Action Force (Hindraf) is merely to stage a street protest that will harm the national economy. Inspector-General of Police Tan Sri Musa Hassan (ABOVE) said Hindraf had ulterior motive in holding the assembly, taking the cue from the Nov 10 street march staged by the Coalition for Clean and Fair Elections (Bersih) in collaboration with opposition parties. "To me, the illegal assembly will not only undermine internal security but also jeopardise the national economy. "Are they trying to show (to the world) that this country is in disarray, this is not right," he told reporters when responding to the protest gathering at the British High Commission at Jalan Ampang on Sunday.

The gathering is to submit a petition with 100,000 signatures to Queen Elizabeth II to appoint a Queen's Counsel to represent the Indian community in a class action suit against the British government for bringing Indians as labourers to the then Malaya and thereafter exploiting them. The suit, filed at the Royal Courts of Justice in London by Hindraf chief P. Wathyamoorthy in August, sought compensation of up to US$4 trillion (RM13.5 trillion), or US$1 million (RM3.4 million) for every Indian in Malaysia.

Musa advised the people to stay away from the gathering as police would take stern action against the protesters. Musa said based on the information he had received, Hindraf was fanning sensitivities of other races which may lead to racial clashes. "I understand undesirable elements will be used," he said.

The country's top cop also said children are barred from participating in the assembly and parents risk being charged in court if their children were caught attending the gathering. Under the Child Act 2001, children should not be manipulated for unlawful activities, he added.

In KUALA LUMPUR, City Police chief Datuk Zul Hasnan Najib( ABOVE) Baharuddin urged the public to steer clear of the gathering as no permit has been given by the police, rendering it illegal. He said Hindraf's second appeal to him for a police permit was rejected as police intelligence showed racial issues and sensitivities of other races that could harm prevailing racial harmony would be highlighted at the assembly. "We fear the gathering will spark racial friction leading to more serious crimes," he told a press conference. Zul Hasnan said people found to be directly or indirectly involved in the gathering would be detained and charged under Section 27 of the Police Act. He also advised the people not to wear orange colour clothing to avoid being mistaken as supporters and participants of the assembly.

= == = = = == nothing to worry with chemical-water Cannons & tear gas

November 22, 2007 21:38 PM

Let Police Handle Illegal Assembly - Najib

KUALA LUMPUR, Nov 22 (Bernama) -- Deputy Prime Minister Datuk Seri Najib Tun Razak said the police will handle any illegal demonstration held in the city over the weekend. "Let the police handle it. Illegal demonstrations only inconvenience the public," he told reporters here today. Najib was asked to comment on a protest planned by the Hindu Rights Action Force (HINDRAF) in front of the British High Commission's office here on Sunday. Inspector-General of Police Tan Sri Musa Hassan said today police will take stern action should the planned demonstration proceed and urged the public to stay away from it as it could touch the sensitivities of other races and spark racial friction.

= == = =and the latest Bolih news. Is this economically viable? At what fossil oil price per barrel?

November 23, 2007 13:16 PM

UPM Scientist Discovers Alternative Fuel From Egusi Melon Seeds
By Khairul Anuar Md Noh
SERDANG, Nov 23 (Bernama) -- A scientist from Universiti Putra Malaysia (UPM) has discovered an alternative fuel to fossil petrol and diesel from the seeds of the egusi melon which originates from
Africa. Head of the Alternative Renewable Energy Laboratory at UPM's Institute of Advanced Technology, Assoc Prof Dr Nor Mariah Adam, who made the discovery, believed to be the world's first, said the fuel source from the egusi seeds could reduce petrol cost by 20 per cent and diesel cost by 10 per cent. "The difference in costs will even be greater with the rising costs of fossil fuels like petrol and diesel. "The egusi seed oil has the potential to be processed into petrol and diesel for commercial use as it is lighter, harvesting of the seeds is easy and more economical compared to palm oil and jathropa, among the sources of biodiesel," she told Bernama.

Dr Mariah's research has also found the egusi oil to be low in fatty acid, melts easily and increases combustion. Egusi (Colocynthis citrullus lanatus) is among 300 melon species found in tropical Africa. The fruit looks so much like a small, round watermelon but is not edible as its white flesh is dry and bitter enough to be repulsive. The seeds which resemble large, white melon seeds, are usually eaten as a snack or used in cooking. According to Dr Mariah, before the egusi seed oil is processed into biofuel, it has to be mixed with suitable catalysts to obtain stability. She said her research had good potential as the edusi melon could easily be grown in this country, reaching maturity within three months. Her research which began last month through a grant from UPM was driven by her desire to find alternative energy sources to depleting fossil fuels, the costs of which have been spiralling. "It all started when I read in the Internet about how the Africans process the edusi seeds into cooking oil. So, I got the idea to study the potential of its use as vehicle fuel," said Dr Mariah who was assisted by Dr Lokman Chua from the Chemical Engineering Department in her research work.

She said she had put forward her research to local petroleum companies for collaboration but had yet to receive any response. "If the egusi seed oil is processed into petrol, the size of the vehicle carburettor needs to be modified, but using the biodiesel does not need such modification." Dr Mariah said her research was just the start and would require further scientific tests before the biofuel could be commercialised. "My research work will first focus on diesel as the fuel is widely used in the agriculture sector, to be followed by biopetrol as the scientific experiments will be more complicated," she added.


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