Body snatching: Syariah court can't cite kin

Lawyers familiar with cases of conversion say the Negri Sembilan Islamic Affairs Department (JHEAINS) cannot cite the family of the late Lawrence Selvanathan for contempt of the syariah court for cremating his remains. According to noted syariah lawyer Muhamad Burok, this is because the family is Christian and they therefore do not fall under the jurisdiction of the syariah court.

"The jurisdiction of the syariah court, according to the Administration of the Religion of Islam (Negri Sembilan) Enactment 2003, only extends to cases where all parties are Muslim."This is the law, but if there is a clause that allows (the contempt action) then let me know," Muhamad  said when contacted.

Agreeing with him, lawyer M Kulasegaran said the federal constitution, through the inclusion of clause (1A) into Article 121, clearly states that Malaysia practices two parallel legal systems.

The clause states that the high courts have "no jurisdiction in respect of any matter within the jurisdiction of the syariah court".

It also states that the syariah court has jurisdiction only "over persons professing the religion of Islam". "In view of this, the law does not apply to non-Muslims, subpoenas don't apply and it is my view that contempt also does not apply," Kulasegaran said.

1 mil ‘anti-Interlok’ CDs to be printed

KUALA LUMPUR: The National Interlok Action Team (NIAT) has come up with a new plan to remove the controversial novel from schools.NIAT steering committee chairman Thasleem Mohd Ibrahim said one million CDs will be printed and distributed nationwide to give the people the true picture of Interlok.

“Our objective is to get the message across to all Malaysians regardless of race, religion or political affliation,” he told FMT."We are now confronted with a new danger – ethnic characterisation. Introducing Interlok as compulsory reading material for SPM students will take these students back 100 years,” he added.He also said that Interlok, penned by national laureate Abdullah Hussain, would damage the respect between the different races in the country.

Indian EC: Only poor quality indelible ink is removable

India's Election Commission has explained that the use of poor quality indelible ink is the reason such an ink used on voters is quite easily "removable".In an email reply to questions from Malaysiakini, Indian EC secretary KN Bhar said this had occurred in India, and has since been rectified through "strict orders" to manufacturer Mysore Paints and Varnishes Ltd (MPVL), which is owned by the Karnataka state government.

"The main cause of failure (of the ink) was poor quality due to some negligence in the preparation process. The MPVL was directed to strictly maintain the quality of ink," Bhar said.The Indian EC is widely known for its independence.

"No complaints were subsequently received. The use of indelible ink has been quite effective in checking multiple voting."In 2009, a candidate in the parliamentary election for the city of Pune was reported by the Times of India to have lodged a complaint that the indelible ink used could be rubbed off.

Explosion rips through Empire Gallery, four hurt

SUBANG JAYA, Sept 28 — Four people were hurt in an early morning explosion at the Empire Gallery shopping mall here, which was heard from as far away as Bangsar.Eyewitnesses described a scene of chaos, adding that police, ambulances and the fire brigade were still on the scene.Police tracker dogs were also there as were Fire and Rescue Department personnel from stations across Subang Jaya, Shah Alam, Damansara and Puchong to investigate the incident.Subang Jaya OCPD ACP Zainal Rashid Abu Bakar told reporters at the scene that the blast was believed to have started in the basement and involved a gas pipeline. “We have yet to determine the cause of the blast but damage is extensive, affecting the parking lot and many outlets on the basement level and even the ground floor,” he said.

“Our forensics team is still investigating. We have not been able to enter certain parts of the mall . . . the damage is too bad and the areas are sealed off.”He confirmed that a distress call was received at 3.45 this morning on the explosion at the mall, which is at the entrance of Subang Jaya from the Federal Highway.
Zainal Rashid said four people were injured — two Nepalese security guards and a couple. They received minor scrapes and bruises. Rescue workers are still combing the basement in search of more victims.
The security guards, who were initially trapped in the basement, have been sent to hospital.

Ambiga conferred France’s top civilian award

KUALA LUMPUR, Sept 23 — Resplendent in a black-and-gold sari, Datuk Ambiga Sreenevasan was tonight conferred France’s highest honour, the Chevalier de Legion d’Honneur (Knight of the Legion of Honour).As he pinned the distinctive five-pointed medal on her sari, France’s ambassador to Malaysia, Marc Barety, said the award was to recognise Ambiga’s dedication to human rights and to boost the rule of law in Malaysia.Ambiga joins an exclusive club of some 20 to 25 Malaysians conferred the French award. Among them were the Yang Di-Pertuan Agong Tuanku Mizan Zainal Abidin, airline maverick Tan Sri Tony Fernandes and Ipoh-born Hollywood actress Datuk Michelle Yeoh, Barety said.

Yeoh was recognised in 2007 for her contribution to film and the media.Bank Negara governor Tan Sri Zeti Aziz was another recipient this year, but was unable to attend the award ceremony, Barety said.“Ambiga is the right person to get it,” Barety told reporters, adding the latest announcements on political transformation by Prime Minister Datuk Seri Najib Razak after the Bersih 2.0 street rally on July 9 demanding free and fair elections proved the merit of her fight.He noted the leadership of the then president of the Malaysian Bar in a 2008 forum on Orang Asli issues, jointly organised by the French embassy and the European Union, as having contributed strongly to the nomination of Ambiga.

The order of the Legion of Honour is a merit-based award and there are only 55,000 recipients worldwide at any one time.“I think it reflects well on Malaysia’s civil society,” Ambiga said in her acceptance speech, with a nod to Najib’s latest pledge to repeal the Internal Security Act and other security laws that allowed for preventive detention.“It really shows how important civil society is; they are the eyes and ears of the rakyat,” Ambiga said, vowing to continue her charge to improve the rule of law.

Source : http://www.themalaysianinsider.com/malaysia/article/ambiga-conferred-frances-top-civilian-award/

Tussle over body takes another strange twist

It appears the troubles have just piled up for the family of purported Muslim convert Lawrence Selvananthan, as his friends allegedly took matters into their own hands to cremate his body yesterday afternoon.

It is understood that Lawrence's friends, transporting his body to a church in Seremban for funeral rites, decided on their own to cremate his remains and bury the ashes in Segamat.

The situation has left the Lawrence's family in a fix, as they are now facing legal action initiated by the Negeri Sembilan Islamic Affairs Department (JHEAINS), said Port Dickson state assemblyperson Ravi Munusamy, who is acting as mediator in discussions between the family and religious officials.

Ravi said police officers turned up at the family's home in Lukut around midnight to serve a Syariah court order on the family, informing them that action would be taken against them.

"Because of that, the mother suffered some heart problems. She is still a bit sick now, and has not risen from bed yet.

Civil war horrors still torment survivors

KILINOCHCHI (Sri Lanka): Ranjini wakes up screaming. Her mother’s body is on fire, her teenage sister is covered in blood and the mutilated, charred corpses of her relatives lie scattered everywhere.

It’s a recurring nightmare.“I see my mother’s burning face… she is calling me to help her, but I can’t or I will be killed from the shelling also,” says the 23-year-old, petite Sri Lankan woman, wiping the tears from her face with a blue and white chequered handkerchief.“My little sister is lying with blood all over her skirt, but I cannot see the wound. She is unable to speak but from her eyes she is trying to tell me something. She dies. I too want to die.”

More than two years since Sri Lanka’s 25-year-old conflict ended, mental health experts say thousands of survivors are living in torment typical of war survivors – haunted by memories of the final months of fighting between the separatist Liberation Tigers of Tamil Eelam (LTTE) and government forces.“The horrific, abrupt end to the war saw people witnessing their family members die, but most could do nothing but run, forced to abandon the bodies of their loved ones without performing important last rites,” said a Western aid worker with an EU-funded charity, speaking on condition of anonymity for fear of upsetting the Sri Lankan government.

MIC to look into med student’s plight

KUALA LUMPUR: MIC has promised to look into M Syamala Devi’s case, with party president G Palanivel promising urgent action.Yesterday, FMT reported that the final year medical student needed RM40,000 to complete her studies in a university in Romania.This morning, Syamala, 28, met with Palanivel at the MIC headquarters here.Speaking to FMT after the meeting, Syamala said Palanivel had asked her to apply for a loan with MIC’s education arm, Maju Institute of Education Development (MIED).

“I have to be back in Romania before the end of this month. If I fail to get the money then I have to forget my dream of becoming a doctor,” she added.After completing Form Six, the eldest of five siblings, who lost her father at the age of eight, had applied in vain for a place to do medicine in some 20 local universities.
She also applied for numerous scholarships and loans but was turned down.Refusing to give up, Syamala worked in a courier service agency and provided home tuition to save up enough money to pursue her ambition.

Expert: Credibility of the DNA sample at stake

The court may decide today on when to hear the joint application by Prime Minister Najib Abdul Razak and his wife, Rosmah Mansor, to set aside the subpoenas served on them to testify at the sodomy trial.Four lawyers - former DPP Salehuddin Saidin, senior criminal lawyers Hisyam Teh Poh Teik, M Athimulan and Ghazi Ishak - filed the application yesterday.

Opposition Leader Anwar Ibrahim, who is accused of the charge, has described the latest development as “uncool”, taking a swipe at the PM's recent bid for an image makeover to endear himself with the Malaysian youths.

Anwar is also expected to file an affidavit in reply to Najib and Rosmah's application. In addition to the duo, two others - former IGP Musa Hassan and former Malacca police chief Mohd Rodwan Mohd Yusof - are also being summoned as defence witnesses.

‘Please help me become a doctor’

KUALA LUMPUR: M Syamala Devi's dream is to become a doctor. But the 28-year-old final year medical student has returned home from Romania because she cannot afford to continue her education.
To make matters worse, she also took RM20,000 from a loan shark to finance her studies and is forced to pay RM2,000 in interest every month.

Speaking at a press conference organised by the Human Rights Party (HRP) here, the sixth-year student with the University of Medical Pharmacy of GRT Popa said she needs another RM40,000 to complete her degree."My father was a former auxiliary policeman and he died when I was eight. Look at my family background, that is why I chose to study in Romania because the fees is cheaper there,” she said.

Syamala said after completing her STPM examination, she had applied in vain for a place to do medicine in 20 local universities.She also applied for scores of scholarships and education loans, including the Public Service Department (PSD) scholarship and Higher Education Loan Fund (PTPTN), but was rejected.

DNA expert insists lab not ISO17025-certified

The prosecution in the Anwar Ibrahim sodomy trial will continue to cross-examine foreign DNA expert Dr Brian McDonald for the second day when hearing continues today.

Yesterday, the prosecution questioned McDonald's credibility when it showed the court that some of his testimonies in other cases came under disrepute.

McDonald also conceded to making a mistake when he said during the examination-in-chief that it was wrong for chemist Dr Seah Lay Hong to have the acid phosphatase test on the cotton swabs retrieved from the victim.He agreed with solicitor-general II Mohd Yusof Zainal Abiden over a finding in a journal that sperm can last in the rectum for 113 hours.

However, McDonald disagreed with the prosecution when shown a Thai hospital finding that semen can last for 19 days in a female's private part.

The prosecution is expected to finish its cross-examination of McDonald today.

'Abuse of process' claims in MP's judicial review case

Charges of "abuse of process" were made by both sides today in the appeal by the Attorney-General's Chambers against leave granted by the High Court to Sungai Siput MP Dr D Jeyakumar in his landmark application for a judicial review of the allocation of special federal funds to elected representatives.

Senior federal counsel Suzanna Attan reiterated the AG's stand that the application was an "abuse of process" by Jeyakumar as the special federal funds were available to all who applied, including NGOs and MPs from all constituencies, and not exclusively for BN representatives as claimed.

Her colleague, S Narkurnavathy, said the figures on and recipients of special federal allocations were already provided in parliamentary answers and were available on government websites, making the prayer in the judicial review application for transparency moot.

Malaysia PM Confident Of Wooing Back Ethnic Indian Voters

PUTRAJAYA -- Malaysian Premier Najib Razak on Tuesday expressed confidence that ethnic Indian voters, who had moved away from the ruling coalition in the 2008 general election, would return to its fold as a result of the measures initiated to address their concerns on issues like employment.However, he was not forthcoming on the possibility of an early election, neither confirming nor denying speculation that he may seek an early mandate, Press Trust of India reports.But he did point out that the government has a prerogative to decide on when to call an election while expressing confidence that the crucial support of ethnic Indians, which eroded in the 2008 polls, would return to the ruling Barisan Nasional coalition.

Najib, who had fuelled talk of an early election last week by announcing his government's plans to repeal the tough Internal Security Act (ISA), also said it is time for Malaysia to go through a "total transformation", towards a "modern and functioning democracy" balanced with safeguards.Asked to comment on speculation that he might call for early elections, he just said calculations are involved in such decisions and the government has enough time till 2013."We have a Westminster system like in India, where the government of the day has a prerogative to decide (when to call an election)," he told a group of visiting Indian journalists here during a meeting.

Prosecution: Can Saiful's rectum be the crime scene?

The Anwar Ibrahim sodomy trial will today see defence witness Dr Brian McDonald cross-examined by the prosecution, which is assisted by chemist Dr Seah Lay Hong.

Seah and another chemist, Nor Aidora Saedon, received flak following McDonald's contention yesterday that they did not fulfill or follow established standards and standards in examining DNA samples submitted to them by the police.

McDonald (right) had also questioned their methods in arriving at their conclusions, and queried their failure to include certain procedures - such as ensuring the DNA samples were clean and without contamination.

Among the unanswered questions, he noted, were the lack of evidence to indicate where the actual DNA samples came from, as well as how samples retrieved from Anwar's accuser - Mohd Saiful Bukhari Azlan - could be in “pristine condition” when they were submitted more than 100 hours after the alleged sodomy act.

Foreign DNA expert picks apart chemists' findings

Defence lawyer Ram Karpal resumed his examination-in-chief of Australian DNA specialist Dr Brian McDonald in Anwar Ibrahim's sodomy trial today.

The hearing continues today after the Hari Raya break with Anwar potentially facing another scandal when an Umno-friendly blogger threatened to release allegedly another sex video dated Jan 12 this year.

Blogger Papa Gomo has also revealed CCTV footage allegedly taken minutes before the much publicised Feb 22 sex video, where the infamous Datuk T trio were charged and fined.

Lead defence counsel Karpal Singh had in the past sought the court to take action against individuals who are seemed bent on interfering the administration of justice in this controversial trial.

Hindu Sangam to bring conversion grievances to PM

The Malaysia Hindu Sangam (MHS) has decried the alleged involvement of staff from a local college in Perlis together with officials of the state Islamic affairs department (JAIP) in the conversion of an Indian student to Islam.In a statement issued yesterday, MHS president RS Mohan Shah expressed shock that three lecturers of the college had a hand in the conversion of the female student, when they should have been focussed on their students' “development of knowledge, skills and talent”.

“It is disappointing, therefore, to note that these staff members getting involved in religious conversion of students when they should, in fact, safeguard the religious, cultural and social interests of their students to ensure unity, peace and harmony among students in these multiracial institutions of higher education,” said Mohan Shah.The lecturers and JAIP officials “did not follow rules,” said Mohan. When confronted on the matter, the lecturers concerned said “they were not aware of the rules”, he added.

Indians flocking back to BN their own loss

This topic is what that has made BN and MIC so glad that they are back from being at the brink after the unexpected turn of events in 2008. The Indians were never the kind of community in Malaysia that would go against their political masters ever since they had decided to make Malaysia their home and stayed back from returning to India.

They were here just to make a living and sad to say that is still very much the mindset till today, thanks to the stereotyping and indoctrination by Umno-BN through the education system. What we have today is an Indian society that was simply trying its luck the last time around just to see what would happen if they protested.

Now after seeing that all their wishes have been slow in seeing its realisation, the Indians long for going back to the same old barn (the BN-barn) where they have been the most comfortable no matter what kind of treatment they would get.

Indian vote swing may cost S'gor MB, Nurul Izzah

Some Pakatan big names may lose their seats if Indian votes were to swing back to the BN in the upcoming general election, said political analyst Ong Kian Ming.The political casualties of such a swing in the Indian votes may include MPs Nurul Izzah Anwar of Lembah Pantai and Dzulkefly Ahmad of Kuala Selangor, as well as state reps Khalid Ibrahim (Ijok) and PKR information director Nik Nazmi Nik Ahmad (Seri Setia).

"BN can win as many as nine parliament seats with a 30 percent (Indian vote) swing to the ruling coalition," said Ong at a forum in Petaling Jaya today.He said this may also cause 14 state seats revert to the BN.Ong (left) said he had identified nine parliamentary and 14 state seats where Indians form the tipping point that can decide the winning vote, including the Pakatan seats mentioned earlier.

Give back school’s land, MIC told

KLANG: A local MIC leader today asked the party to return a piece of land that he said was originally alienated for a Tamil school.V Thiagarajan, who heads the Taman Mujur MIC branch, said party president G Palanivel should “do the right thing” by ensuring that the Effingham Tamil School get back the three acres of prime land.The school is located in Bandar Utama, Damansara. The accusation about the land grab first surfaced in 2009, with former students and residents of the area claiming that the developer of Bandar Utama had set aside six acres for the school in 1999.

They said the late K Sivalingam, an MIC leader and an executive councillor in the then BN-led state government, decided that only three acres should be given to the school and the rest to the party.There was also an allegation of mismanagement of RM300,000 in developer contributions to the school. MIC was accused of trying to channel the money to its Maju Institute of Education Development (MIED) although the developer disagreed.MIC has claimed that there was an error in the description of the proprietor in the land title and that the party is the rightful owner of the three acres.

Currently, the school has 600 pupils, but the number is expected to increase steadily.Thiagarajan told FMT he had “solid evidence” that all six acres belonged to the school.“I plead with Palanivel to use his veto power to give back the land to the school,” he said.“I have all the evidence to show clearly that the land MIC claims as its own should be part of school.”



Source : http://www.freemalaysiatoday.com/2011/09/08/give-back-school%e2%80%99s-land-mic-told/

Why not 1BangsaMalaysia?

When time, space, and political maturity combine within lunar time and modern calculations of solar time, at a selected period within man's chronological time, that opportunity may overlap with kairos time, or what can also be called God's timing. This modern calendar year of 2011 appears to be one of those opportunistic times within the geography we call Malaysia.

This year appears to the only time in my lifetime when National Day and the end of Bulan Ramadan overlapped and therefore that the government was willing to switch our so-called “Independence Day” celebrations to coincide with our Malaysia Day celebrations.

All three originating states, if I am not mistaken, Malaya, Sarawak and Sabah, have factually different independence days. All three also achieved their independence at different times but from the same British colonial jurisdiction.

Therefore, as we seek to celebrate this truly national event of Malaysia Day soon, allow me to ask a critical but important question: Was it true, honest, and realistic for the federal government to have claimed in the past that Aug 31 is the Independence Day for what we all call Malaysia? Was it not factually only the Independence Day for Persekutuan Tanah-Tanah Melayu or the Federation of Malay States?

BN, Pakatan to slug it out on Indian issues

The BN and Pakatan Rakyat are set to go head to head on the touchy issue of Indian welfare at a forum planned for this weekend in Petaling Jaya.Touted by organisers as “the battle to win hearts and minds for the Indian vote”, the forum will feature heavyweights from both sides of the political spectrum as well as representatives of Indian NGOs.Familiar faces from the ruling coalition will include G Palanivel, the newly-minted MIC chief who has much to prove, his PPP counterpart M Kayveas, and Gerakan senator A Kohillan Pillay.

In the opposition corner will be DAP's P Ramasamy and PKR's Xavier Jayakumar, along with PSM's Dr Michael Jeyakumar who will also speak on the outlook for Indian Malaysians in the next general election.
Both sides will speak in separate moderated sessions to address how they have delivered on the community's promises and expectations after the 2008 'political tsunami'.