Justice For All Malaysia

BN will never know when to stop…as long as it is in power

Posted on: September 23, 2008

The injustice toward Pet…

Raja Petra sent to Kamunting
S Pathmawathy | Sep 23, 08 9:34am Malaysiakini.com
Malaysia Today editor Raja Petra Kamarudin was sent to the Kamunting Detention Centre in Taiping, Perak, this morning to begin his two-year detention without trial under the Internal Security Act.

MCPX

Home Minister Syed Hamid Albar last night signed the detention order for the blogger to be held under section 8(1) of the tough security law. Under the Act, the initial two-year detention period can be renewed indefinitely.

raja petra and internal security actAccording to journalists stationed outside the Kamunting detention camp, Raja Petra arrived at 11.50am in a white van with heavily-tinted windows.”The act by the minister to sign the section 8 order yesterday is completely unacceptable,” said Raja Petra’s lead lawyer Malik Imtiaz.

The legal team believes the minister’s decision was linked to a habeas corpus hearing in the Kuala Lumpur High Court this morning, which had been filed by Raja Petra’s lawyers to secure his release.

(A writ of habeas corpus orders the authorities to produce prisoners before a judge to determine whether the government has the right to continue detaining them.)

Speaking to reporters later, Malik said “the arrest was issued last night to avoid the consequences of this habeas corpus”.

internal security act section 73 subsection 1 isa 120908Senior federal counsel Abdul Wahab Mohamad had argued that the hearing was rendered academic as the clause under which Raja Petra is now detained supercedes section 73(1) of the ISA, under which he was initially held.

However, Malik countered: “Section 73(1) detention was without basis, unconstitutional and in bad faith… so the minister’s order could only have been the result of enquiry by the police, meaning that the section 73(1) order flows into the minister’s (present) order.

“Because it flows, what we say is that the question of whether this section 73(1) detention was lawful is a matter which is relevant for the challenge on the section 8 order.”

Malik pointed out that, if the matter is argued under the section 73(1) order, the court can review the matter objectively and look into the basis of detention.

Still, the legal team will file another suit to challenge the section 8 order – even if the court’s jurisdiction is limited to weighing the procedure only.

malik imtiaz sarwarMalik said the basis of detention under section 73(1) and section 8(1) is the same.

“(Section 8) is relevant to section 73(1). So if we declare this to be unlawful, we can have a basis to argue that the minister’s detention is not just irregular for procedure – therefore showing the minister has no power to make the order. And that would give a wider basis to argue,” he said.

Judge Suraya Othman told lawyers to make their submissions on Oct 28.

Ex-minister attends hearing

Also present in the court was former de facto law minister Zaid Ibrahim, who sat next to Marina.

raja petra habeas corpus court 230908 03“He (Raja Petra) writes well, he speaks his mind and we need more people like him said Zaid (left in photo), who had resigned to protest the use of the ISA to detain Raja Petra and two others on Sept 12.

Zaid said he attended the hearing to show support for the wives of many others being held under the restrictive law.

“We should encourage people to speak out. If (those detained) have done wrong (then) we (should) charge them (in court),” he said.

Zaid also said that freedom of expression and of speech are important values and that “we cannot intimidate with fear”.

Earlier this morning, Raja Petra’s wife Marina Lee Abdullah had confirmed the continued detention of her husband.

raja petra habeas corpus court 230908 02 lawyers group“(Police) said my husband had been sent to Kamunting this morning and that he will remain there for two years with no trial.

This is the worst news I can receive but we will keep fighting for his release,” she told AFP, holding back tears.

“This is very unfair… we have filed our affidavit, they don’t reply to our affidavit for five days… this is ridiculous. This is a political move, it is very clear… he is not a threat to national security – it is bullshit.

“This is dirty foul play by the government as they know that we are in the process of fighting for his release in the court, but I was expecting this.”

Raja Petra, 58, has been under police custody in an unknown location since his arrest.

Fellow-detainees Sin Chew Daily senior journalist Tan Hoon Cheng, 33, was freed 18 hours after being arrested, while Selangor senior executive councillor and Seputeh parliamentarian Teresa Kok, 43 was released after seven days.

According to his lawyer J Chandra, Raja Petra was arrested for publishing articles on his news portal which allegedly tarnished the leadership of the country and insulted the sanctity of Islam.

The former newspaper columnist had earlier been charged with sedition and defamation after linking Deputy Prime Minister Najib Abdul Razak and his wife to the sensational murder of a Mongolian woman.

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Must Attend Program

Please go to this link: https://justice4allkuantan.wordpress.com/2008/10/25/invitation-public-forum-the-isa-and-the-police-reform-process-whats-next-after-pak-lah/
To sin by silence when we should protest makes cowards of people - Emily Cox

Siphoning EPF money

On 'Why should Valuecap borrow from EPF?' Syed Shahir Syed Mohamud: MTUC condemns the government's move to bail out Valuecap to support the local stock market using RM5 billion from EPF, as the provident fund is the custodian of the workers' money and not some sort of ‘automated teller machine' for the government.
If at all the EPF were to lend its money to the government, it has to be under the condition that there be transparency and accountability in the activities for which the money has been purposed. We want to know who is doing what with the money that belongs to the workers. This is the hard-earned money of the workers, their retirement plan. How is this bailout plan going to benefit the workers? We also question the reason for this bailout. If the economic fundamentals in Malaysia are strong and reserves sufficient as has been stated several times by the government, then why is there a need to offer so much money to the GLCs? Second Finance Minister Nor Mohamed Yakcop should prove how the EPF would profit from this loan. Bernama had reported that Nor had given the assurance that the loan given out by EPF would reap profits for the fund judging from Valuecap's past performance. But where is the paperwork and calculations to show that this move will benefit the EPF? MTUC is concerned that the loan might be mismanaged or misused and this, in turn, would affect the returns for the contributors. Mere assurances are not enough. We want to proof that this RM5 billion will not go down the drain. (The writer is president, MTUC). Sharyn: The government wants to use our pension money to prop up the Malaysian stock market which is the playing field of the rich people. If so, the government must ensure that the EPF account holders - who are predominantly the poor to average citizens of Malaysia - be guaranteed all of our pension money with a compound 8% growth (interest). It's so selfish and sick of the government to use the poor's pension money to help the rich to make more money with all the risks taken by the poor/average citizen. We can better use the RM% billion loans to Valuecap for our children's education, shelter, medical bills etc. Why not get those rich people to prop up the share market instead? Why should they park their money overseas and gamble with our EPF money instead? Kumar14: Who is behind this Valuecap organisation? Why suddenly, this separate entity is allowed to access funds from the EPF? Are they capable enough to handle it or is it just another desperate and blind move? It has been a very infamous trend where the people's funds are channeled to a company for investment purposes and suddenly POP! the funds disappear and there is nobody to be held responsible but a RM2 shell company. Charge who? Sue whom? The RM2 company (just a registered name)? We have seen this many times. People in power and with connections allow such things to go through and reap/rob the people's wealth and then blame it on organisations which actually don't exist. What if a lot of EPF funds are looted via such scams and nobody is to be pointed at? Where will the government get the funds to replenish the EPF? The people are very bored, disappointed, angry and frustrated at seeing all these dumb and unaccounted for measures being allowed by the government with lame excuses. Please, somebody verify the true purpose, integrity and capability of anybody attempting to use the people's fund.

Raja Petra

Photobucket Ihsan dari blog Go!Malaysian http://gomalaysian.blogspot.com/

ANWAR IBRAHIM

A prosperous future is indivisible from a firm commitment to the principles of distributive justice, the rule of law and a profound respect for human rights.

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