Friday, April 24, 2009

Burma is eight years too late; Malaysia was first

Burma is eight years too late; Malaysia was first
24 Apr, 2009

Yes, that’s right. Ustaz Dr Badrulamin was detained without trial for two years for the ‘crime’ of praying. That’s because he made the ‘mistake’ of praying for the release of all ISA detainees.

NO HOLDS BARRED

Raja Petra Kamarudin

Arrested for praying

Two members of detained pro-democracy leader Aung San Suu Kyi's political party were arrested and charged with insulting religion after they prayed for the release of political prisoners, a party spokesman said on Friday.

National League for Democracy spokesman Nyan Win said authorities arrested Chit Pe, the party's deputy chairman, and party member Aung Saw Wei in Twante on Tuesday.

Both took part in a prayer service for the release of political prisoners, which was held at a pagoda in the township, about 20 miles (32 kilometres) south of Yangon.

Nyan Win said the two were charged with insulting religion, which carries a possible two-year jail sentence.

'The government is suppressing anyone who opposes or challenges them,' Nyan Win said. 'If a Buddhist is arrested and charged for praying at a pagoda, what can they do?'

Myanmar's military, which has held power since 1962, tolerates no dissent. The current junta came to power in 1988 after crushing a nationwide pro-democracy uprising and has stepped up its campaign against opposition politicians and activists ahead of elections planned for next year.

In recent months, military courts have sentenced hundreds of pro-democracy activists to prison terms of up to 104 years.

Myanmar now has more than 2,100 political prisoners, according to rights groups. The most prominent among them is Suu Kyi, who has spent more than 13 of the last 19 years under detention. She is currently under house arrest. – AP

*************************************************

The above is today’s news item from AP. What you just read really makes Burma look real bad; don’t you think so? Well, many of you may not be aware that the same thing happened in Malaysia eight years ago. And, in that incident, Ustaz Dr Badrulamin Bahron, one-time lecturer with the International Islamic University (UIA), was detained without trial under Malaysia’s draconian Internal Security Act and was sent to Kamunting for two years -- for praying.

Yes, that’s right. Ustaz Dr Badrulamin was detained without trial for two years for the ‘crime’ of praying. That’s because he made the ‘mistake’ of praying for the release of all ISA detainees. So they made sure he himself became an ISA detainee (maybe they thought the closer he is to the ISA detainees he is praying for, the better chance he has for his prayers to be heard). If he had instead prayed for the long-life, health and happiness of the Sultans, like they do during every Friday prayer in all the mosques in Malaysia, then he would not have been sent to Kamunting for two years.

It is actually quite ironical is it not? You pray to God that the ISA detainees get released, then ‘God’ grants you your wish by making you an ISA detainee. If this is not a point for atheists to use in their argument that there is no God then I really don’t know what is.

Anyway, it just goes to show that sometimes man does the work of God and you really can’t blame God for your predicament. I mean, if God is really is involved in all this, then how can God take away two years of your freedom just because you prayed to Him for the welfare of fellowmen who are victims of injustice?

To digress a bit here: do you know it is mandatory for all mosques to offer prayers to the Rulers and their crown princes during the Friday congregational prayers? I remember more than ten years ago or so when about seven or nine imams from Selangor were sacked because they were alleged to have ‘boycotted’ the part where they were supposed to offer prayers for the Sultan of Selangor.

Actually, this was not true at all. These imams were known PAS sympathisers and Umno wanted to get rid of them. So the Religious Department went to meet the Sultan and played a tape-recording of the Friday prayers to ‘prove’ that these mosques did not offer prayers to the Sultan and his son.

Of course, all they had to do was to delete that part where the prayers were held and splice the tape. Then the ‘new’ tape-recording would show that no prayers were offered. The Religious Department sought permission from the Sultan to sack these seven or nine imams and the Sultan consented.

I can’t remember all the imams or mosques involved but I do remember that the Sungai Buloh, Subang Airport, and Subang Jaya mosques were amongst those that suffered the removal of their imams for the crime of not offering prayers to the Sultan and his son. Later, other mosques in the Federal Territory -- like the Bangsar Abu Bakar Siddique and Damansara Utama Mujahidin mosques -- also came under the hammer of the religious authorities. These mosques too were headed by known PAS sympathisers.

If you can remember, during the last general election, the head of PAS Johor appointed a young Indian (Hindu girl) lawyer to contest a seat in Johor. Well, this man, Ustaz Mahfoz, was the imam of the Mujahidin mosque in Damansara Utama who was sacked. And he appointed an Indian Hindu girl (read: girl, Indian and Hindu in one breath: three so-called taboos for PAS according to those who claim that PAS is a Taliban party) as a PAS candidate. Yet he was sacked by the religious authorities for being an ‘extremist’.

Okay, enough digression. Back to the story of Ustaz Dr Badrulamin who was detained for praying, just like what they do in Burma. Ustaz Dr Badrulamin was actually detained earlier that year but was released after a few months. However, it was a conditional release. He was not to meet in a group of more than four. He must remain indoors from dusk to dawn. And he may not leave his home district.

He complied with all that. But he thought that leading a prayer (baca doa) would not be regarded as an illegal gathering -- as any gathering of more than four without a police permit would be classified. And it was not a street or outdoor gathering. It was indoors. And he was not giving a ceramah or speaking in an anti-government rally. He was leading prayers for the wellbeing of all ISA detainees.

Ustaz Dr Badrulamin was wrong. The police did consider it an illegal gathering and therefore in breach of the terms and restrictions imposed on him. They summoned him to the Rawang Police Station without telling him what it was about. And as soon as he entered the police station they served him with a detention order and sent him to Kamunting.

That was Malaysia then. That is Burma now. Burma is eight years too late. And Malaysia is still like Burma today.

Thursday, April 23, 2009

Between construction and destruction

Between construction and destruction
23 Apr, 2009

This is Anwar’s failure. He thinks he is a good leader because he can run the party all by himself. But this is not the mark of a good leader. A good leader is not one who can run the party all by himself. A good leader is one who can manage the people in the party.

NO HOLDS BARRED

Raja Petra Kamarudin

Malaysia Today is supposed to be a no holds barred forum. This is where you can post your views and opinions without any censorship. I do try to maintain that. But there are times when I have to breach my own ‘code of ethics’, if I may be permitted to call it that for want of a better phrase, for the sake of the greater good.

This appears to be something many do not comprehend. How can you guarantee freedom of expression and yet at the same time block or delete postings and ban those who post whatever offends you? No, it is not what offends me that matter but what offends the majority. After all, is it not so that in a democracy the majority rules?

However, this is not to be confused with Barisan Nasional’s interpretation of ‘the majority rules’. According to Barisan Nasional, they won the most number of seats in the general election, so the majority of Malaysians support them. The minority who did not vote for them do not matter; only the majority matter.

That is not called democracy. That is called arrogance. First of all, every Malaysian is a taxpayer. Therefore, every Malaysian has rights; never mind who they support or may have voted for. There is nothing you touch that does not attract tax in some form or another. Even if you are not in the personal income tax bracket you still pay tax on all services and goods that you pay for.

A taxpayer, therefore, has rights, and his or her rights come with the tax that he or she pays and not according to the party that he or she voted for. Furthermore, Barisan Nasional may have won more than half (but less than two-thirds) of the seats in parliament. Nevertheless, it did so on only about half the popular votes. This means half the voters voted for the opposition.

In the 2008 general election, Barisan Nasional won 140 parliament seats and 307 state seats. Pakatan Rakyat won 82 parliament seats and 196 state seats. This was about 40% of the seats, across-the-board, for both parliament and state that Pakatan Rakyat won. Yet, Pakatan Rakyat garnered almost half the votes.

And we must not forget that only 7,944,274 votes were cast, which comes to only 29% or so of the Malaysian population. And Barisan Nasional won only 14.8% or 4,082,411 of the votes. How can Barisan Nasional argue that the majority of Malaysians voted for it when only 14.8% did so? This means 85.2% of Malaysians DID NOT vote for Barisan Nasional.

This is where the Barisan Nasional boast is full of flaws. And to say that since they won the majority number of seats this means the majority of Malaysians support the ruling party, so they can then do what they like, is total crap.

Anyway, back to the issue of freedom of expression in Malaysia Today. I too am not saying that the majority counts while the minority is not important. Those who comment are of course maybe 1% of those who read Malaysia Today. So they are certainly the minority. There are many more who read without commenting. Some actually read the comments and enjoy doing so. Some could not be bothered with the comments and only read the news or articles as they regard the comments as takde standard and a total waste of time.

I can always argue that if you don’t like the comments then don’t read them. Why read the comments and then get upset because you don’t like what you read? While readers are free to post comments, other readers are also free to not read them.

Tapi tak boleh. Gatal! You know the comments are ‘melampau’ or ‘unfair’ and you know that you are going to get upset if you read them. Yet you still read them -- and then get upset with what you read. Have you not heard of freedom of choice? You are free to not read the comments as much as those posting the comments are free to post what they want.

These readers are actually bringing it upon themselves. They know that Malaysia Today’s readers post melampau comments and yet they go and read those comments. They should just skip or boycott the comments and accept the fact that the comments are melampau and they will get upset if they read them. Then no need to go into all these problems.

Anyway, I think those who post melampau comments should step back awhile and look at the bigger picture. What are we trying to achieve here? We are trying to educate Malaysians about what is really happening in our country with the hope that they will join us to do something about it. We need change but we can’t initiate change all by ourselves. We need critical mass before we will be able to see change. And critical mass will only be achieved when all Malaysians stand united and speak as one voice.

We do not want Melayu bangkit a la Umno or Utusan Malaysia. We also do not want Indian Hindus bangkit a la HINDRAF. Umno and Hindraf are just both sides of the same coin. What about the Indian Muslims and the Indian Christians? They are not with HINDRAF. In fact, many Indian Muslims are with Umno. Those in KIMMA (Malaysian Indian Muslim Congress) want the word Mamak to be banned and for the Indian Muslims to be classified as Malays. They are certainly not with the opposition (they campaign for Barisan Nasional during the elections) and they are far from HINDRAF supporters.

So we need Malaysians to think and do things as Malaysians and not become compartmentalised -- not only into race, but broken down further into religion like Indian Hindus, Indian Muslims, Indian Christians, Chinese Christians, Chinese Muslims, Chinese Buddhists, and whatnot. How will we achieve Malaysian Prime Minister Najib Tun Razak’s One-Malaysia this way?

And this brings us back to those who comment in Malaysia Today. When you indiscriminately whack Royalty or Sultans, you turn away many from the Royal Family who are pro-opposition and who share our aspirations to see Malaysia turned into a truly democratic society. Maybe you are angry with one Sultan or one particular Palace. But by whacking all Royalty, across-the-board, you antagonise the majority of those from the Royal Family who agree that this country has to change.

Marah nyamok, bakar kelambu, as the Malays would say. Or, cutting off the nose to spite the face, as the English ‘translation’ would go. You do more damage than good by blasting all and sundry for the actions of a very few. The issue is: are we seeking construction or destruction? We can’t construct by destructing. It just does not happen that way.

So, before you comment, think first. And think again and again. Then comment. We need everyone with us. But the manner in which some of you comment, you are driving people away. People who used to be with us are now against us. They see Malaysia Today as an anti-Islam, anti-Malay, anti-Monarchy, etc., site. Is this what we are trying to achieve? We are just anti-injustice, anti-persecution, anti-selective prosecution, anti-abuse of power, anti-corruption, anti-police brutality, anti-election rigging, anti-racial discrimination, and whatnot. We are not anti-Islam, anti-Malay or anti-Monarchy. But some of your postings give the impression otherwise.

Therefore, sometimes, our moderators have no choice but to delete postings, and in severe cases ban readers from commenting, when the comments bring more harm than good to the cause. Our cause is to unite decent Malaysians who wish to see positive changes in this country. But if, instead, the postings bring destruction to the cause, then the freedom of expression of the individual needs to be sacrificed for the greater good of the majority who wish to sincerely fight for positive change.

And, no, Malaysia Today is not pro-opposition and anti-government per se. After all, not all states are under Barisan Nasional. Some are under Pakatan Rakyat. So Pakatan Rakyat is also the government. And we do criticise state governments as well, meaning Pakatan Rakyat. The only thing is, Barisan Nasional has been in power for 52 years while Pakatan Rakyat, with the exception of Kelantan, has been in power for just over a year. So there is more to criticise Barisan Nasional then there is to criticise Pakatan Rakyat. But even with just one year as the state governments there are already enough to criticise Pakatan Rakyat.

For example, Anwar Ibrahim is running Parti Keadilan Rakyat like it is his personal fiefdom. Maybe ten years ago, back in 1999, this would have been possible. Then, Parti Keadilan was like a sundry shop. So you can run it like a sundry shop.

However, since the last ten years, Parti Keadilan has grown from a sundry shop into a hypermarket. But Anwar is still running the party like it is a sundry shop, not like the hypermarket that it has grown to become.

This is Anwar’s failure. He thinks he is a good leader because he can run the party all by himself. But this is not the mark of a good leader. A good leader is not one who can run the party all by himself. A good leader is one who can manage the people in the party.

Anwar must learn about people management. He must learn how to manage people and allow these people to run the party. There are many talents in the party. Delegate to these talents and let them run the party using their good judgement and wise discretion. That is the mark of a good leader.

Of course, we cannot allow them a free rein or else we shall create what ex-Prime Minister Tun Abdullah Ahmad Badawi called Little Napoleons. Everyone must be given a term of reference, limit of authority and area of responsibility. And these people must work within these references, limits and boundaries or else be taken to task for exceeding their authority.

Now, is it not better that I criticise Anwar in that manner rather than whack him by calling him a stupid Mamak and all that? We want Anwar to listen and to act on what we say. We don’t want our statements to antagonise the Indian Muslims and drive them into the arms if KIMMA, and therefore into the arms of Barisan Nasional.

Okay, and with that, happy commenting. But please think before you comment. Comment to construct, not to destruct, or else I will kick your ass real hard and proper.

Wednesday, April 22, 2009

Rulers must not lord over us

Rulers must not lord over us

UNEASY LIES THE HEAD THAT WEARS A CROWN - William Shakespeare’s Henry the Fourth.

“The role of the constitutional monarchy goes beyond what is stipulated in the constitution. The rulers have a far wider responsibility in ensuring that the spirit of the constitution, the philosophy behind the written law, and the interest of the country and the people are safeguarded at all times.” - Sultan Azlan Shah.

I am sad to note that there are among us those who have chosen to interpret Sultan Azlan Shah’s rendering of the role of the constitutional monarchy as an example of our rulers seeking to act outside the remit of their constitutional authority. A ruler naturally cannot act arbitrarily, for example, by ignoring any of the provisions of the constitution without inviting formal strictures.

The Sultan of Perak was making a distinction between the formal functions of a Malay ruler as set out in the constitution of his state and his traditional duties as a hereditary ruler. A ruler of a Malay state is, therefore, more than a constitutional creation; he is the embodiment of all that is noble, virtuous, fair and just. Many rulers naturally have not lived up to these ideals, but, on balance, it can be fairly argued that they are conscious of their duty to their people. They have a duty that goes beyond the constitutional framework which has neither spirit nor soul and which only a wise and caring ruler can give.

Sultan Azlan Shah is right to remind us and himself in particular that as a ruler he is above politics. We would not have it any other way. It is unfortunate that his handling of what I call the Perak Affair has given rise to suspicions that he was not above politics. The presence of Najib in the palace ostensibly as the UMNO state liaison chief was all grist to the rumour mill. To crown it all, he was the deputy prime minister, and not some common garden variety Perak politician.

No one underestimated his political clout. This in turn produced an unstoppable chain of unsavoury bush telegraph messages, all claiming irrefutable inside information that the Sultan had been bought by Najib.

All extremely unfortunate, but for me, what was unpardonable, in this day and age, is the total absence of any explanation by the palace why the menteri besar’s request for fresh elections had been so summarily and cavalierly rejected, with indecent haste.

Palaces the world over no longer behave as they used to in dealing with information of public interest. Buckingham Palace is a case in point. The Queen of England does not presume that what she does is entirely her own affair. The Perak palace should be prepared to put all of its decisions on political matters under the closest public scrutiny. It is said nowadays that father no longer has all the answers, and even a ruler as learned as Sultan Azlan Shah is not infallible.

I now turn to a consideration of what rulers have to do in order to earn the love and respect of their subjects. First, they must uphold the dignity of their position by behaving in ways that will set them apart from the rest of us, as models of decency, honour and rectitude. This means, in effect, that they must set high moral and ethical standards of behaviour for themselves in keeping with their anointed role in life.

A ruler must, for example, steer clear of any involvement in partisan politics. Equally unacceptable in the eyes of their subjects is for sultans and their royal children to reduce themselves to being supplicants - petitioning politicians for land and government projects.

There is no quicker way of losing their self-worth than by their being seen to be behaving in this way. There is no difference, then, between the rulers and the ruled. Rulers have to make up their minds whether they want to rule over us or to compete with us their humble subjects for business handouts from corrupt politicians.

I wish to assure all the Malay rulers that when I have occasion to disagree with them on issues of state, there is no wish on my part, to use the Sultan of Perak’s words as reported in the New Straits Times, “to provoke them (the people) into dismantling the system and institution as this could create chaos in the country.” Even though I may be a million miles from any throne, in a manner of speaking, I am one of you, and why would I want to destroy an institution that is still in working order?

By TUNKU ABDUL AZIZ

Arrest warrant out for Raja Petra (Update)

Thursday April 23, 2009 MYT 10:10:05 AM

Arrest warrant out for Raja Petra (Update)

PETALING JAYA: The Sessions Court here issued a warrant of arrest against Malaysia Today editor Raja Petra Kamarudin on Thursday after he failed to turn up for his sedition trial.

His lawyer J. Chandra informed judge Rozina Ayob that his client did not turn up in court on the grounds he is on a self-imposed exile from the state for “reasons that are well known.”

“You know these ‘well known reasons,’ so please highlight them to the court,” Rozina said.

“The accused is posting his reasons on his website this morning,” said Chandra.

“You expect the court to go through that, is it?” the judge said.

Chandra then went out to explain that for over a month now, Raja Petra, 58, has posted articles or comments on issues in relation to the Selangor royal house that have angered some members of his own family who have demanded an apology.

On Malaysia Today, explaining why he did not attend court Thursday, Raja Petra wrote, “My family then gave me an ultimatum. I was to either make that public apology or else my family would insert an advertisement in the mainstream newspapers practically distancing itself from me, which could be interpreted as disowning me ....

“I went into exile outside Selangor ... . It has to be noted that this has always been the punishment for any member of the Selangor Royal Family who is considered durhaka (traitorous) since the beginning of the Selangor Sultanate more than 250 years ago.”

He also wrote that another reason why he did not attend court was the he did not expect to get a fair trial.

In court on Thursday, his lawyer Chandra added, “You have to bear in mind that he is a member of royalty and this self-imposed exile is a punishment he has handed out to himself.”

His wife Marina Lee, who is also his bailor, was also absent.

Deputy Public Prosecutor Shahidani Aziz asked for a warrant of arrest to be issued against Raja Petra and a notice of showcause for his wife and bailor Marina. The judge granted both and set May 22 for mention.

Raja Petra, a former Internal Security Act detainee, had on May 6 2008 claimed trial to publishing a seditious article on his Malaysia Today news portal on April 25 of that same year.

He is accused of publishing the article Let’s send the Altantuya murderers to hell on the website www.malaysia-today.net.

The charge under Section 4(1)(c) of the Sedition Act 1948 carries a maximum fine of RM5,000 or three years' jail or both upon conviction.

Why I am absent in court today

Why I am absent in court today
23 Apr, 2009

After two ISA detentions, I do not plan to allow them to get me so easily the third time around. I also refuse to face treason charges that will result in me being sent to the gallows. I love my life and wish to remain alive a few years longer if possible.

NO HOLDS BARRED

Raja Petra Kamarudin

I wish to explain why I am not going to be present in court today, 23rd April 2009. Firstly, it involves my recent dispute with the Selangor Palace. This dispute was due to my open letter to the Perak Menteri Besar, Datuk Seri Nizar Jamaluddin, which I wrote on 2nd March 2009 in response to the ongoing Perak Constitutional Crisis. My family said I had acted in a treasonous manner and they wanted me to issue a public apology to the Sultan of Perak.

I refused to comply with my family’s demand and instead wrote two articles condemning the Perak Palace for violating the Federal Constitution of Malaysia and for ignoring the wishes of the rakyat. My opinion is no different from that of NH Chan, the former Court of Appeal judge, which you can read in the addendum below.

The Sultan of Selangor was very angry and that triggered a conflict between our two families. My family told me I had brought shame to the family name and they demanded that I attend a family meeting to discuss the matter. However, I did not attend that family meeting and this aggravated the situation.

My family then gave me an ultimatum. I was to either make that public apology or else my family would insert an advertisement in the mainstream newspapers practically distancing itself from me, which could be interpreted as disowning me. My response to that was, and in accordance with the normal action to be taken against a member of the kerabat who durhaka, I went into exile outside Selangor. As a matter of fact, I even missed two recent family funerals, as I could not and would not step foot in Selangor ever again.

It has to be noted that this has always been the punishment for any member of the Selangor Royal Family who is considered durhaka since the beginning of the Selangor Sultanate more than 250 years ago. My grandfather, Sultan Musa, was in fact subjected to that same punishment and it is the only punishment befitting a member of the Selangor Royal Family who has courted the displeasure of the Palace.

This means, in short, I can no longer attend the court hearing as the same is heard in Petaling Jaya, which is invariably within the state of Selangor.

The second reason is as follows:

In September 2008, I was detained under the Internal Security Act for what I was alleged to have written regarding the Altantuya murder and the alleged links to those who walk in the corridors of power. However, I am already facing trial on sedition and criminal defamation charges in this court as well as in the Kuala Lumpur court.

Now, my ISA detention in September 2008 was for the same crime as what I have been charged in this court (sedition) and in the Kuala Lumpur court (criminal defamation). This means I am being punished twice for the same crime and the law does not provide for one to be punished twice for the same crime.

No doubt, in November 2008, the Shah Alam court ruled my detention illegal and subsequently ordered my release. Nevertheless, the government is appealing this decision, giving a clear indication that it wants me back in Kamunting whereby I will face punishment without trial on top of the two trials I am being made to face -- which, as I said, are for those same crimes.

The events of late do not give me any confidence that I will get a fair trial. Even if the Petaling Jaya court acquits me, they can still appeal the decision of the court like what they are doing with the Shah Alam court’s decision to free me from ISA detention. And the manner the Federal Court conducted itself during the recent ISA appeal hearing is very troubling indeed and borders on unprofessional conduct.

Finally, my open letter to Nizar Jamaluddin has been classified as treason and the government wants to charge me for treason. The fact that no such law exists will not stop them as they can use the ‘waging war against the King’ law that they used against some of the Al Maunah members, which resulted in them being hanged in the Sungai Buloh Prison in October 2006.

Many of my friends have spotted police vehicles parked outside their house. Others have noticed police officers loitering in front of their residence while some have been summoned to Bukit Aman for interrogation. The police want them to reveal where I am currently residing.

Why are the police looking for me? Two months ago, the Federal Court was in a hurry to hear the appeal against my release from ISA detention. After impatiently rejecting all our applications and refusing to allow us time to file the necessary papers, the court suddenly went cold and nothing was heard from it since.

This got me very suspicious. I did some checking and have reason to believe that a new detention order has been issued and that is why the police are looking for me. If I were to turn up in court today I would never be allowed to leave. The police would immediately detain me and send me to Kamunting and this time I shall not be so fortunate as to see freedom in two months like in the last two occasions.

After two ISA detentions, I do not plan to allow them to get me so easily the third time around. I also refuse to face treason charges that will result in me being sent to the gallows. I love my life and wish to remain alive a few years longer if possible.

Those are the reasons I am not in court today. I shall, however, attend the court hearing when the situation permits, i.e., I am no longer to be charged for treason and I get an assurance from the powers-that-be that the Government’s appeal against my ISA release is withdrawn forthwith and that no new detention order has been issued. After all, if the Razak Baginda acquittal was not appealed upon, why am I being treated differently?

Raja Petra Bin Raja Kamarudin
23rd April 2003

******************************************

ADDENDUM: Opinion of NH CHAN is former Court of Appeal judge
Malaysiakini, 20th February 2009

Now we know why the people of Perak and elsewhere in Malaysia, are making harsh statements about the sultan. A quick search on the Internet will prove this.

It is the perception of the people that matters; and the confidence of the people is destroyed when they go away thinking that he was biased - that he had been influenced by Najib.

It is very sad that Sultan Azlan Shah, who had been held in high esteem internationally and by the populace, has, in a careless moment, lost all that.

His reputation for fairness and justice has been shattered when they go away thinking that he had been influenced by Najib or that he has favoured BN. It does not matter whether he did, in fact, favour one side unfairly.

Suffice it that reasonable people might think that he did. The die is cast and we cannot put the clock back. Hereafter, there may be many who will no longer believe in his speeches on good governance and the integrity of the judiciary.

The impression is that he does not practise what he preaches.

When the menteri besar ceases to command the confidence of the majority of the members of the legislative assembly, he has two choices.

First, he may request the ruler to dissolve the assembly for the purpose of a state election. Second, if his request is turned down by the ruler, "he shall tender the resignation of the executive council”.

This is provided in Article XVI, Clause (6) which reads: "(6) if the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council."

What Article XVI, Clause (6) says is this: If the menteri besar ceases to command the confidence of the majority of the legislative assembly, he shall tender the resignation of the executive council, unless the ruler has, at the request of the menteri besar, dissolved the legislative assembly.

However, in the present case, Mohd Nizar on Feb 4, had requested the ruler to dissolve the legislative assembly, and the ruler informed him on Feb 5 that he acted in his discretion to withhold his consent for the dissolution of the assembly.

That being the case, the menteri besar has no other choice but to tender the resignation of the executive council.

Under Article XWI, Clause (2), paragraph (b), the ruler has a personal discretion to withhold his consent to the menteri besar's request for the dissolution of the legislative assembly.

Unfortunately, the ruler, in the present case, has acted unconstitutionally when he side stepped the constitutional provisions of Article XVI, Clause (6) of the laws of the Perak constitution.

This was what he did.

The Sultan of Perak’s media statement said: “Mohd Nizar was summoned to an audience with the sultan to be informed of the ruler’s decision not to dissolve the State Assembly, and in accordance with the provisions of Article XVI (6) of the Perak Darul Ridzuan State Constitution, the Sultan of Perak ordered Mohd Nizar to resign from his post as Perak menteri besar together with the members of the state executive council with immediate effect.

“If Mohd Nizar does not resign from his post as Perak menteri besar together with the state executive council members, then the posts of menteri besar and state executive councillors are regarded as vacant.”

As we know the sultan is a constitutional monarch who has no power to rule except a couple of discretionary powers mentioned in Article XVIII, Clause (2).

So, apart from the couple of matters mentioned in Article XVIII, Clause (2), the Sultan of Perak has no power to order Mohd Nizar to resign from his post as Perak menteri besar together with the members of the state executive council with immediate effect.

Nor has he the power to declare that the posts of menteri besar and state executive councillors are regarded as vacant.

In the present case, the menteri besar had acted under Article XVI, Clause (6) which permitted him to request the ruler to dissolve the legislative assembly if he ceased to command the confidence of the majority of the members of the legislative assembly.

In this case, the ruler turned down his request. Then the menteri besar has no choice but "to tender the resignation of the executive council".

So, why did the ruler, in the present case, depart from the provisions of Article XVI, Clause (6)?

Under the provisions of Clause (6), the sultan knew that the ball was in the menteri besar's court and it was to be the menteri besar who "should tender the resignation of the executive council".

Yet he chose to ignore these provisions of the Perak constitution.


Monday, April 20, 2009

South Korea's "prophet of doom" blogger acquitted

South Korea's "prophet of doom" blogger acquitted
Apr 20, 2009
Reuters

SEOUL, KOREA - A South Korean court acquitted a blogger on Monday of spreading false information, in a case that triggered debate about freedom of speech in cyberspace and crtics said was only launched because his economic doom postings angered authorities.

Defendant Park Dae-sung, who went by the pseudonym "Minerva" after the Greek goddess of wisdom became a household name last year for his predictions of sharp falls in the won and the local stock market and the collapse of U.S. investment bank Lehman Brothers.

"He's been found not guilty," a court official said by telephone. The court threw out charges that he purposely harmed market sentiment by posting false information on his blog.

Prosecutors said a posting Park made in December led to volatility in the local currency and caused financial authorities to inject billions of dollars to stabilise the Korean won.

"Even if there was recognition that it was false information, he cannot be seen as having acted on purpose to harm public interest considering the situation at the time including the special nature of the foreign exchange market," the court said.

As the markets tumbled last year, the main financial regulator warned it would crack down on what it considered malicious rumours. Some economic analysts said they had come under pressure from authorities not to voice negative views on the economy.

ONLINE VIEWS

South Korean markets appeared to have passed their worst turmoil in a decade at the time of Park's arrest in January but suffered another setback in March on lingering concerns about the country's ability to secure dollars to repay debt.

Since the arrest, legal experts have questioned whether authorities had legal grounds to prosecute individuals on views aired in online media. The conservative party of President Lee Myung-bak has been pushing for a tough law on cyber slander.

The Lee government has also been backing media reforms that would lift restrictions on big business from owning broadcast networks, which have led to protests at TV networks whose union members feel the move would lead to cuts in press freedom.

Park's lawyer said the case arose from a misguided attempt by the government to control public opinion in cyber space.

"The law itself is unconstitutional, and it is a dead law where the computer cannot be the subject of regulation," lawyer Park Chang-jong, who is not related to the defendant, told reporters after the verdict.

Blogger Park has been identified by prosecutors as an unemployed 30-year-old man who kept to his modest apartment in Seoul and learned of the financial markets with books he ordered online.

Since his detention, reports have flooded local media saying he was a quiet man with a humble education background, which experts said may be an attempt to discredit him in a society that places high value on elite education and prestigious jobs.

Things that go bump in the night at Singapore varsity

Things that go bump in the night at Singapore varsity
Mon, Apr 20, 2009
The Star/Asia News Network

THE National University of Singapore has put up a notice 'warning' students of a headless woman ghost in the campus, reported Sin Chew Daily.

The signboard was spotted at the front of the university's Federal Building of its Bukit Timah campus.

According to the notice, many people had 'bumped' into the ghost in white wandering around the upper quadrant of the building.

It also gives information on other spirits.

The notice also talks about the sounds of Japanese soldiers marching up and down the corridors and lights being randomly switched on and off.

"There is also an elevator at the Zoology Department that operates on its own, which is operated by the 'resident spirit'.

"Chairs and tables would be thrown about in classrooms according to students who study late into the night," it reads.

A university spokesman said the signboard was one of nine along its Campus Heritage Trail that tell the history and major events reported in the campus in the past to help visitors know more about the university.

Asia Paranormal Investigators founder Charles Goh said the Zoology Department building had been taken over by the Faculty of Law and the haunted elevator no longer exists.

-The Star/ANN

You are what you eat

You are what you eat
Mon, Apr 20, 2009
The Straits Times

By Poon Chian Hui

Think twice before you reach for that can of fizzy drink. It is not just about your waistline. Think about the lines on your face too. That is because carbonated drinks can age you, nutritionists say.

Other well-loved foods like pastries, potato chips, sausages, coffee, red meat, white rice and bread can also cause premature ageing. The reason? Most of these foods are high in fat or sugar, which are not healthy for the body, said Ms Magdalin Cheong, chief dietitian and senior manager of Dietetic and Food Services at Changi General Hospital.

Foods that age us include:

Carbonated drinks which are high in sugar and have no nutrients. They have 'empty calories', said Ms Teo Kiok Seng, a nutritionist at Nutrition Network Services.

'The sugar in these drinks can lead to obesity, which increases your risk of hypertension, diabetes, heart disease and stroke,' she said.

A nutritional study by the Harvard School of Public Health found that a can of carbonated drink a day can cause one to pile on 7kg in a year.

Sausages can increase the risk of colorectal cancer, a recent European study found, Ms Teo added.

The culprits are the carcinogenic N-nitroso compounds, which are formed when nitrite preservatives are added to processed meat, she said.

Ms Jaclyn Reutens, a dietitian at Aptima Nutrition & Sports Consultants, added that sausages are usually made with fatty meat.

Chemicals and additives are also added so a person's liver has to do more work to detoxify them. 'As we age, our organs do not work as efficiently so some people may get into trouble,' said Ms Reutens.

Coffee has caffeine. What most people may not know is that caffeine makes stress hormones shoot up and stay at an abnormally high level for hours after consumption.

'One of the biggest contributors to premature ageing is the powerful stress hormone called cortisol,' said Ms Teo. 'High levels of cortisol wear down the muscles, leading to muscle wasting.' Excessive caffeine is also dehydrating, said Ms Reutens.

Potato chips and fries are deep fried at high temperatures, giving rise to the formation of trans-fat.

Diets high in trans-fat are linked to an increased risk of coronary heart disease, said Ms Teo. 'However, if palm oil is used, no trans-fat will be produced,' she added.

Sugary pastries contain a lot of sugar, which can lead to obesity. What is worse is that pastries are often made with hydrogenated oils, which contain trans-fat.

Hydrogenated oils are made by adding hydrogen to liquid oils to turn them into solids for easier storage. However, this chemical process produces trans-fat. An example would be margarine.

Trans-fat increases the risk of heart disease more than saturated fat does, said Ms Teo, as it lowers good cholesterol and increases bad cholesterol in the bloodstream.

In addition, the combination of sugar and trans-fat is bad news for our liver and pancreas, said

Ms Reutens. 'It's dangerous to overwork our organs as it means we are more exposed to free radicals.'

Free radicals are unstable particles caused by chemical reactions in the body. Antioxidants are needed to fight them, she added. 'If our intake of anti-ageing foods is insufficient to combat free radicals, we age faster and have a higher risk of diseases.'

Red meat has protein, which is essential for tissue repair, but too much animal protein may cause calcium loss from bones. This increases the risk of osteoporosis, said Ms Teo.

Studies have shown that a high protein intake in middle-aged adults is linked to inflammatory polyarthritis, where inflammation occurs in more than one joint.

White rice and white bread have very little fibre, making them 'high glycemic index' foods.

'Such foods are digested and absorbed into the bloodstream very quickly, causing a sudden spike in blood sugar level,' said Ms Teo.

This can lead to cell changes that accelerate ageing and increase the risk of chronic diseases, she added. These include Type 2 diabetes, gall bladder and heart diseases, Alzheimer's disease and certain types of cancers.

Other high glycemic index foods include mashed potatoes, processed grains and sugary cereals.

FOODS THAT KEEP YOU YOUNG

Keeping youthful the natural way is not all that difficult - you just have to eat the right foods. Anti-ageing foods like berries and fish contain powerful ingredients that can help keep you in the pink of health from inside out.

Foods that keep us young include:

Green tea. It boasts catechins - potent antioxidants that have been shown to prevent cancer, said Ms Jaclyn Reutens, a dietitian at Aptima Nutrition & Sports Consultants.

In addition, Ms Teo Kiok Seng, a nutritionist with Nutrition Network Services, said that a recent report in the European Journal Of Neuroscience suggested that regular consumption of green tea may reduce the risk of age-related degenerative brain disorders, such as Alzheimer's disease.

However, not all forms of green tea carry the same health benefits.

'Green tea packaged in tea bags have gone through numerous processes that may have destroyed its goodness,' said Ms Reutens.

It is best to drink loose leaf green tea, she said.

Tomatoes contain lycopene, which helps to reduce wrinkles and fine lines, said Ms Reutens. This is because lycopene hinders the skin's ageing process.

It does this by preventing damage to the DNA in mitochondria, found in cells and which are crucial to cellular growth.

Tomatoes also contain vitamin C, which acts as an antioxidant, helping to strengthen collagen fibres, said Ms Magdalin Cheong, chief dietitian and senior manager of Dietetic and Food Services at Changi General Hospital.

Collagen is a protein essential to healthy skin.

Nuts and seeds are great sources of vitamin E and omega-6 fatty acids, said Ms Reutens.

'These two compounds work hand in hand to keep skin elastic and to reduce the signs of ageing,' she said.

That is because vitamin E is an antioxidant, said Ms Cheong.

Antioxidants mop up free radicals - the main cause of skin ageing.

A study published in the American Journal Of Clinical Nutrition in 2005 found that eating almonds together with heart-friendly foods like soya products can significantly reduce cholesterol levels, said Ms Teo.

Yogurt contains calcium, which helps maintain strong bones, and probiotics which prevent bowel diseases.

'As we age, our bones lose calcium,' said Ms Reutens. 'Calcium is therefore needed in our diet to prevent osteoporosis.'

Osteoporosis is a condition where bones become weak and break easily.

On average, a 150g portion of yogurt contains 220mg of calcium. This amount makes up 30 per cent of our daily recommended intake of 800mg, said Ms Reutens.

Probiotics are bacteria that help improve the balance of good and bad bacteria in the digestive system.

'As we age, this balance needs more effort to be restored. Eating yogurt gives it a boost,' she said.

People who are lactose intolerant can eat yogurt too, as the lactose would have already been broken down by the bacteria, said Ms Teo.

Salmon and other oily fish contain heart-friendly omega-3 fatty acids, said Ms Cheong.

Ms Reutens recommends eating these at least twice a week.

'As you age, your arteries may get increasingly clogged, resulting in heart disease,' she said. 'Omega-3 fatty acids reduce the amount of fats in the bloodstream, hence preventing excessive blood clotting.'

Berries come in red, pink, blue, purple and other assorted colours. The pigments determine the types of antioxidants found in them, said Ms Reutens.

A recent antioxidant analysis by the United States Department of Agriculture showed that blueberries, blackberries, cranberries, strawberries and raspberries top the list of 20 foods with the highest levels of antioxidants, said Ms Teo.

In general, the antioxidants in berries help to reduce the likelihood of eye-related diseases, such as cataracts and age-related macular degeneration, said Ms Reutens.

Because different types of berries carry different combinations of antioxidants, we should not limit our diet to one or two kinds.

'Try to eat a wide variety,' said Ms Reutens. 'Mix them with cereal or enjoy them as a snack or dessert.'

Olive oil is rich in monounsaturated fats, which promote a healthy cholesterol level.

It is also good for the heart, thanks to its anti-inflammatory effects that prevent heart diseases. For instance, it strengthens blood vessel walls, thus lowering the risk of internal bleeding.

However, too much olive oil is not recommended due to its caloric content, said Ms Reutens.


What these terms mean

Additive

A substance added to foods to improve colour, texture, flavour or shelf life. It can be natural (salt and sugar) or synthetic (artificial sugars, preservatives, colouring and MSG).

Some synthetic additives are said to be harmful to health.

Antioxidant

A substance that inhibits oxidation, protecting cells from damage by free radicals. Examples are catechins found in green tea, lycopene in tomatoes, and vitamins C and E.

Carcinogen

A substance that causes cancer by turning normal cells into cancer cells. It is believed that nitrites, when added to meat during processing such as when sausages are made, may result in the formation of carcinogenic compounds.

Collagen

A fibrous protein that is a major component in connective tissues like skin, ligaments and tendons.

Glycemic index

An indicator of the impact of foods on blood glucose levels.

Foods with low glycemic index, like vegetables, have carbohydrates that are digested more slowly.

High glycemic index foods, like white bread, have carbohydrates that are broken down into sugars more quickly. This causes a spike in blood glucose levels, which is unhealthy.

Monounsaturated fat

A healthy unsaturated fat found in plants or plant-based foods. It is said to be able to reduce the risk of heart disease. Found in foods like olive oil, avocados and nuts.

Omega-3 fatty acids

Unsaturated fatty acids. Usually found in fish and nuts, they help to lower cholesterol levels to protect the body against heart diseases.

Probiotics

A class of beneficial bacteria that aids digestion, promotes "good" bacteria and reduces "bad" bacteria in the digestive system. Can be found in yogurt.

This article was first published in Mind Your Body, The Straits Times.