Saturday, December 08, 2007

Review of Court’s Decision postponed; Lawyers want Revision be heard by Another Judge; PM & Chorus - Hindraf scrutinised - external links with Whom?

Malaysiakini has adopted a new main page look!ABOVE & BELOW: The lawyers want a new Judge to hear the Revision case

The Shah Alam high Court today granted the defense counsel for the Hindraf leaders to adjourn to Dec 10, Monday the representation to the judgment made by the Klang session court to discharge the respondents. Judicial Commissioner Abang Iskandar Abang Hashim granted them the adjournment to give them more time to prepare the submission on the application by the AG to revise the session court judges ruling
ABOVE & BELOW: The supporters

The three were represented by 6 lawyers. The three were charged under the seditious act in the Klang Session Court on Nov 23 07 and was given a discharge not amounting to acquittal.

When the lead singer gives the signal, the chorus follows in condemning Hindraf activities and imaginary ones. On the suspicions of the memo, more spices are added in to cook up the external linkages theories. As the AG has said it was based on someone’s police report. They have nothing yet and only started the investigations.

That SIL [Khairy Jamaluddin(ABOVE) must be talking through the roof (see Bottom report) when he declared

"recent developments in the country even showed opportunities had improved ?????????????? for the non-Malays in the government service."

Then the component parties started to sing. That MCA Ah Kiow Deputy mentioned as if the link is already established and said the “seeking support is an act of desperation” . MCA church mouse Ong K T's brother Ong K C and MIC Sothinathan on cue came in. And of course the well orchestrated DAMAI NGOs that cause the SMS scarce (about Kampong Baru) voiced their support.

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Friday December 7, 2007; MYT 9:04:21 PM ; STAR

Hindraf trio's lawyers want judge to withdraw
SHAH ALAM: Lawyers representing three Hindu Rights Action Force (Hindraf) leaders involved in a criminal revision case want presiding judge Judicial Commissioner Abang Iskandar Abang Hashim to discharge himself from hearing the matter. Abang Iskandar, they say, had worked directly under Attorney General (AG) Tan Sri Abdul Gani Patail prior to becoming a Judicial Commissioner. The Attorney General’s Chambers had applied to review the
Klang Sessions Court’s decision to discharge Hindraf chief P. Waythamoorthy, legal advisers P. Uthayakumar and V. Ganabatirau from a sedition charge on Nov 26. The trio had been charged under the Sedition Act for allegedly uttering words to incite hatred in their speeches at a gathering in Batang Berjuntai on Nov 16. Lawyers representing the three conveyed the request via a letter sent to Chief Justice Datuk Abdul Hamid Mohamad.

The letter also asked that the revision be heard by another judge, preferably a Court of Appeal judge. During the proceedings, counsel M. Manoharan (ABOVE, right, with P. Uthayakumar ) requested an adjournment of the hearing pending a reply and directions from the Chief Justice. Counsel A. Sri Murugan, who was assisting Manoharan, also asked the court why the AG’s Chambers had to seek a review of the Klang Session Court’s decision instead of just framing a new charge and recharging the trio. Manoharan also said the entire defence team had been working very hard preparing for another case involving the bail application for 31 detained Hindraf supporters and needed more time to prepare for the review. Apart from Manoharan and Sri Murugan, the defence also comprised G.K Ganesan, A. Sivanesan, Teng Chang Khim, and Umisalamah Abdul Latif. In his mitigation, Abdul Gani said Abang Iskandar was completely independent of anyone including the Chief Justice.

ABOVE: Counsel M. Manoharan with P. Uthayakumar and V. Ganabatirau

Abang Iskandar adjourned the case to Monday to give the defence more time to prepare for the review and stressed that the adjournment was not given pending a reply from the Chief Justice. Meanwhile, the solicitors representing the 31 Hindraf supporters denied bail by the Sessions Court here on Thursday applied for a revision of the court’s decision. The defence team also filed an appeal against the decision, which was made by Sessions Court judge Azimah Omar. Counsel G.K Ganesan filed both applications at the High Court criminal division registry here Friday.

ABOVE: Counsel M. Manoharan mobbed by supporters as he emerged from the Courtroom and BELOW with other Hindraf leaders

The 31 men, aged between 18 and 45, were charged with attempted murder, causing mischief and participating in an illegal assembly in front of the Batu Caves Sri Subramaniam Temple between 1am and 8am on Nov 25. In delivering her decision, Azimah said she had considered the severity of the offences and the issue of national security in making the ruling.

The defence team, in challenging the Session Court’s decision, stated that the judge had failed to exercise her discretion, had exercised her discretion “wrongly and that there was error on the face of the record.” The application also called the High Court to exercise its power granted under Section 323 and 327 of the Criminal Procedure Code to set aside Azimah’s decision and grant bail to the accused.
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December 07, 2007 21:39 PM

PM Orders Police To Closely Monitor Hindraf's Activities
BATU PAHAT, Dec 7 (Bernama) -- Datuk Seri Abdullah Ahmad Bahawi has ordered the police to keep a close watch on Hindu Rights Action Force's (Hindraf) activities, including its alleged links to international terrorist groups.

"I've asked the Inspector-General of Police (Tan Sri Musa Hassan) to monitor the group closely," the prime minister told reporters after opening the Johor Small and Medium Enterprises Exposition here today. Yesterday, Musa said there were signs that Hindraf had been canvassing for support and assistance from terrorist groups. According to the IGP, besides lobbying for support from overseas and seeking assistance from terrorist groups, Hindraf had also been raising funds for its cause. To a question, Abdullah, who is also Internal Security Minister, said the government would know what to do if Hindraf's actions reached dangerous levels. On suggestions that the Internal Security Act (ISA) be invoked against Hindraf activists, Abdullah said he had to study that option before making any decision.

In KUALA KANGSAR, Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said the government was monitoring all Hindraf's activities to determine whether it had received support from abroad, especially terrorist groups. "We're monitoring them to see whether there are such linkages," he told reporters after presenting prizes to pupils who did well in the Ujian Pencapaian Sekolah Rendah (UPSR) examination here today. Nazri said the probe would take into account statements by Hindraf leaders who had allegedly stated that they were lobbying for support from overseas. He said the government would also look into remarks alleging that what was happening in Sri Lanka could happen in Malaysia if problems affecting the Indian community were not addressed.

In KUANTAN, Deputy Internal Security Minister Datuk Fu Ah Kiow said it was clear that in seeking support from abroad, Hindraf was undermining the country's sovereignty. He said Malaysia had wise leaders????????? who were capable of resolving the country's internal problems without having to resort to outside help. "I consider seeking support or assistance from foreign countries as an act of desperation," he said. Fu also reminded the people to be wary of groups spewing lies about Malaysian leaders and the country over the Internet or the short message service (SMS).
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December 08, 2007 00:17 AM
Thorough Probe On Alleged Hindraf Terror Links, Says A-G

SHAH ALAM, Dec 7 (Bernama) -- Attorney-General Tan Sri Abdul Gani Patail said today a thorough investigation would have to be conducted before any legal action could be taken against the Hindu Rights Action Force (Hindraf) which is suspected to have the support and help of the Liberation Tigers of Tamil Eelam (LTTE) of Sri Lanka. He said the Attorney-General's Chambers would have to gather all the facts and complete information before taking any action because the alleged involvement of the LTTE was most serious. "I don't think we would file any charge against them (Hindraf) anytime soon because we have to get the facts, get everything there and decide according to the facts. We don't simply go and charge them.

"This is not a game, it is a very serious matter and I definitely take this very seriously. I really believe that an investigation has got to be done. It has to be done and it is definitely a concern," he told reporters when approached outside the High Court here. Abdul Gani was commenting on a statement by Inspector-General of Police Tan Sri Musa Hassan today that there was evidence of Hindraf having strived to garner the support and help of the terrorist group in
Sri Lanka. Abdul Gani said the LTTE had been declared a terrorist organisation by countries such as the United States, Britain, Australia, India and several nations in Europe. He also said that a United Nations (UN) resolution signed by Malaysia also emphasised that all member countries of the UN were not permitted to support or have any link with terrorist groups. Abdul Gani said his linking Hindraf to the LTTE in his argument at the Sessions Court here on Wednesday was based on a police report.

"Somebody lodged a police report that there is ground that these people have been going out to (establish) contact with this LTTE. "I mentioned in court that there is a police report and that is our concern. If there is none, I wouldn't be worried. Shouldn't I be worried? I think everybody in this world is worried if there is any connection with terrorist groups," he said. Abdul Gani had raised the matter in court when asking the court not to grant bail to 31 people suspected to be Hindraf supporters who had taken part in an illegal assembly, with one of the grounds being that they were probably linked to the LTTE. The court did not record Abdul Gani's statement after strong opposition from the defence lawyers
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------------- IGP Attack on Hindraf

December 06, 2007 20:29 PM

Hindraf Seeking Terrorist Groups' Help, Says IGP

KUALA LUMPUR, Dec 6 (Bernama) -- Inspector-General of Police Tan Sri Musa Hassan today made a startling revelation that the Hindu Rights Action Force (Hindraf), organiser of the Nov 25 illegal rally in Kuala Lumpur, is trying to solicit help and support from terrorist groups. In exposing their covert activities, Musa said: "Of late there have been indications that Hindraf is trying to seek support and help from terrorist groups." Based on police intelligence and monitoring of the Indian activist group's movements since July 28, he said they have been active in fanning racial sentiments among the Indian community by stirring up their anger and arousing hatred against the government. "Their actions are potentially explosive in sparking racial clashes," he said in a statement.

Musa said the unregistered body had also set up a fund by deceiving the people to fund their activities. Musa said Hindraf was helmed by six prime movers comprising five lawyers and a senior executive of a private company. He said Hindraf was persistently inflamming sensitive and dangerous sentiments through forums, distribution of books and leaflets, posting messages on websites and via short messaging service (SMS) to garner support from Indians. He also said they masterminded the opposition of a group of Indians against a local authority for demolishing Hindu temples built illegally and alleged that the demolition was exploiting the religious freedom in the country. "They also planned to use gangsters to block demolition of temples by local authorities in future," he said.

Musa said latest developments showed Hindraf leaders are lobbying for international support from India, Britain, the United States and the United Nations and European countries. "Hindraf is soliciting for external support by portraying a wrong picture on the actual position of Indians in this country to the foreign parties," he said. For instance, in the e-mail to British Prime Minister Gordon Brown, Hindraf had claimed there was "ethnic cleansing" in Malaysia. It alleged that Indians are being killed every day by the "Islamic extremist" Malaysian government. Musa said Hindraf's activities and ploys all these while have been very worrying to multiracial Malaysians.

"The police are concerned over Hindraf's activities and will not hesitate to take harsh action to guarantee the nation's peace and security," he said. Musa said Hindraf had made false, baseless and slanderous allegations that the government had marginalised the Indians, had deprived them of their rights in the economic and education fields and positions in the government to the extent that the community was backward even after 50 years of independence. The Inspector-General of Police said Hindraf had defied the law and went ahead to stage the Nov 25 Street protests because its real motive was to create chaos in the federal capital. "But instead they twisted the incident and accused the police of using force on their supporters. "They also cheated the Indians who attended the illegal gathering when they did not hand in the petition to the British High Commission despite having the opportunity to do so," he said.

Musa advised the people not to be deceived by the ploys and rumours spread through the Internet and SMSes by irresponsible elements to create anxiety and uneasiness to the people to worsen the situation. He said rumour mongers floating rumours and spreading false information are committing an offence under Section 23 of the Internal Security Act 1960, which carries a fine of not more than RM10,000 or a jail term of not more than three years or both, if convicted.

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December 06, 2007 23:28 PM
395 NGOs Condemn Street Demonstrations

KUALA LUMPUR, Dec 6 (Bernama) -- Almost 400 non- governmental organisations (NGO), representing various races from throughout the country, gathered at the Sultan Sulaiman Club in Kampung Baru here to condemn street demonstrations that could disrupt order. The 395 NGOs described certain quarters as being insolent when they accused the government of ethnic cleansing when in fact, all races are treated fairly. Over 600 NGO leaders who called themselves the "Damai Malaysia" (Peace Malaysia) movement, gathered for over three hours before coming up with a joint statement on their strong stand against street demonstrations, to be handed over to Prime Minister Datuk Seri Abdullah Ahmad Badawi.

Damai Malaysia coordinating secretary, Mohd Nardin (ABOVE) Awang said the movement wished to remind all that the right of expression, as provided for under the Federal Constitution, should be exercised in accordance with the law and through permissible channels, and not through illegal demonstrations. "The gathering today is to voice out the wish of the people who want peace and are against street demonstrations which have created many problems for the nation," he told reporters.
The MCA man Dr Ayam (ABOVE, Bottom left) and BELOW - in necktie was there. He also led the Anti-BERSIH Demo in Bukit Bintang recently, details H E R E

The joint statement said the NGOs, among other things, opposed the use of race and religion to sow hatred among the people. They also condemned individuals or organisations who/which deceive, slander, and incite or perpetrate racial feelings, and drag in outsiders to interfere in the country's domestic affairs.

"Damai Malaysia is committed to strengthening tolerance and cooperation among the races for the sake of the country's future," said Mohd Nardin. Among the NGOs present were the Malaysian Chinese Muslim Association (Macma), Selangor 4B Youth Movement and Ampang Indian Association. Macma president Ridhuan Tee Abdullah said the people should know how to exercise their rights under the law and not to go overboard to the extent of creating tension among the people. Jimmy Mesir Mohamad Yusof, who represented Selangor 4B Youth Movement, said the people should voice out in defence of the government and to stand solidly behind the prime minister in tackling the issue.

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December 06, 2007 23:03 PM
Indians Manipulated In A Dangerous Way, Says Sothinathan

By Shahrullizan Rusli
PORT DICKSON, Dec 6 (Bernama) -- While reminding Indians that they were being manipulated in a dangerous way, MIC vice-president Datuk S. Sothinathan today expressed the hope that they do not fall into the trap of a group claiming to be championing their plight. He said the Hindu Rights Action Force (Hindraf) should not have played up racial and religious issues but they knew those were the issues that could easily arouse public sentiments. "It's the MIC which has fought for them so that the Indian community could have access to job and educational opportunities. Then all of a sudden, another group is trying to replace us," he told Bernama here today. Sothinathan, who is Deputy Minister of Natural Resources and Environment, said Hindraf had gone too far when it accused the MIC of doing nothing for the Indians for the past 50 years. "If Hindraf is sincere, then why does it refuse to cooperate with the MIC. This goes to show that it (Hindraf) cannot accept the systems that we have, it refuses to accept the Barisan Nasional (BN) system of government and tries to establish something new without regards for the sensitivities of the other races," he said.

Sothinathan said he himself was not satisfied with the achievements of the Indian community so far. "That is only normal and that is what the MIC is fighting for, (ANOTHER 50 MORE YEARS??????????) but not through street demonstrations. "This is human psychology; if we are content with what we have, that means we are not progressing. The Malays and the Chinese are also not satisfied but they strive to improve their lot." Sothinathan said he had received numerous SMSes claiming that the BN government did not provide opportunities for the Indians and asked the people to vote for Parti Keadilan Rakyat and DAP.

"So we knew of the opposition's role behind all these," he added. [This is to be expected, common sense, drying your clothes while the sun is shinning!] Sothinathan admitted that there had been problems in struggling for the interest of the Indian community, but those were challenges that the MIC had to tackle. "The MIC has been in existence since 1946. We have gone through many challenges before, so this (Hindraf's claim) is not difficult [wait for another 50 years??????] to overcome. We can explain to the people and at the same time ask the government to provide more opportunities for the Indian community," he said.

= = == = == = == = = and the SIL talking ????

December 06, 2007 21:59 PM
Khairy Says Govt Shouldn't Meet Hindraf Members

KUALA LUMPUR, Dec 6 (Bernama) -- Umno Youth deputy head Khairy Jamaluddin (ABOVE) said the government should not dignify the Hindu Rights Action Force (Hindraf) by agreeing to meet its members. Speaking at a forum on "Political Stability and Good Governance: Prerequisites to Nation Building", he described their so-called memorandum as a complete lie and ridiculous as one of the claims alleged that the government had practised ethnic cleansing five years ago at Kampung Medan nere here.

Hindraf had claimed that some 100 Indians were killed in Kampung Medan but the police had put the official death toll at only six. Selangor Menteri Besar Datuk Seri Dr Mohd Khir Toyo had explained that the Kampung Medan riots resulted from a misunderstanding between some people in the village following a funeral procession during a wedding ceremony. Khairy said one should only associate ethnic cleansing with what had happened in the former Yugoslavia but certainly not in Malaysia. Hitting out at Hindraf claims, he asked: "Are you seriously saying that the government practises Islamic extremism in destroying Hindu places of worship? Are you kidding me?" "In your heart of hearts, do you really believe that this country to which you were born, to which your children were born and to which your grandchildren will be born has denied you fair play?" he asked.

Refuting allegations that the Indian community had not done well in the country, Khairy said one just had to look at the number of Indian professionals like lawyers and doctors in the country. However, he admitted that the government had not done enough for the Indians in the country. But he was quick to add that the government had also not done enough for the Malays( ([overdone but badly cooked !!) and Chinese in the country. "No government in the world is perfect but this government has delivered a lot (& pocketed much more] in the past 50 years," he said. Khairy did stress that the root of ethnic tensions must be addressed quickly. "If we don't do that, we are really in trouble in terms of nation building," he said.

Khairy also said that a lot of problems that society faced today was due to lack of religious understanding and tolerance. "I think we need to understand ourselves better, understand others better and understand the requirements of each separate groups better and understand where the other person is coming from." Khairy also spoke of the scenario in the aftermath of the May 13 riots and highlighted two main objectives of the New Economic Policy that came out as a result -- the eradication of poverty and identification of race with economic functions. He said the affirmative action had reduced the stereotyping of economic functions usually identified with a particular race and that recent developments in the country even showed opportunities had improved ?????????????? for the non-Malays in the government service.

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MCA: Hindraf's allegations of 'ethnic cleansing' in M'sia baseless

Ng Kee Seng , theSUN
Dec 7, 2007): MCA views the allegation of “ethnic cleansing” by the Hindu Rights Action Force (Hindraf) as baseless, untrue and way out of line. "In a multi-racial country like Malaysia, it is normal for every community to have grievances. But to accuse the government or practising 'ethnic cleansing' is something very serious. Hindraf leaders should have been more careful and responsible in making such statements," said MCA secretary-general Datuk Ong Ka Chuan. He said attempts by Hindraf leaders to involve the Indian and British governments and political leaders into the affairs of the Malaysian Indian community should not have happened as "it tantamounts to inviting foreign interference into Malaysia’s domestic affairs and sovereignty of our nation". "We also condemn the actions of PKR de facto leader Datuk Seri Anwar Ibrahim who traveled all the way to Mumbai (India) to seek foreign support to interfere with the domestic affairs of our country.

"It is obvious Anwar is going all out to exploit the issue for his political gain. It is in fact a desperate attempt to revive his waning political strength in the country," said Ong. He said MCA and the government remained committed to helping the poor irrespective of race. "The government will view the grievances of the Indian community seriously and continue to take action to resolve them amicably through the mechanism of the Barisan Nasional government at all levels. Indian community leaders are urged to channel their views and grievances through proper channels, especially through MIC representatives, so that issues can be resolved effectively."

Updated: 05:20PM Fri, 07 Dec 2007

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