1. Past week or so, the Selangor government deals with its GLC hits the limelight. If it was not highlighted by PKR secretary-general Datuk Salehuddin Hashim in a strongly-worded” email to PKR representatives, the matter became a media interest as well as being used by BN Selangor to attack Khalid. The fact would show that this is a state matter and not a party matter. The state matter should have been addressed at the State Assembly.

2. For those who are not clear of the matter, I did some research on my own by talking to people in the right places and analyzing some materials in the public domain. The current situation arises because the State GLC has been used as a vehicle previously for the purposed of business. In most cases, the previous administration of the State gave away large tract of land to Talam Corp in exchange for some development projects. One such example is the University Selangor project. In most instances, Talam did not deliver its part of the bargain completely. Most of these deals are above board and the politicians that controls the GLC makes it happen in a magical way. It goes without saying that Chah Ah Chye and the past Selangor government have a hand in glove relationship.

3. The impact of the debt has led to the GLC not able to declare profits. Since it did not declare profits, it cannot pay divided to the State. In past, it is not important for the State to make money but it is important that key political figures and party continue to benefit from it. The total debt has ballooned to RM391 million and the GLC is not able to recover the money. They are stuck between politics, making profit and inability to collect debts.

4. The action of the State Government of centralizing the debt to the State 100% owned agency (MB Incorporated) would relieve the various GLC to recover its debt. It gives the companies the much needed liquidity to return to profitability. At the same time, the State Government can use the laws at their disposal to acquire the various assets belongs to Talam if Talam failed to settle the debt in the required time. To me, this is a smart move. It gives the State Government a chance to recover its debt in the fastest way and takes Chan Ah Chye (of Talam Corp) to task.

5. The problem with PKR secretary-general Datuk Salehuddin Hashim (DSH) is that he is not able to differentiate the differences between party matters and state matters. DSH questions on why there is no briefing to the State PKR top brass? In my opinion, there isn’t a need in the first place to consult or brief the PKR, the political party. This is a state matter and it should be addressed at the Exco and State Assembly level. All State Representative in the State must be given a briefing in the State Assembly for them to understand the deal. It is not a party matter. It sounds funny but the way DSH acted points that he has hidden agenda.

6. I am studying the development of this matter and on how the state plans to acquire properties and manage the various banks where the property is being charged. I have a specific interest here as I hope to get the state to assist in the same modus operandi in solving the abandoned housing projects in the State. The State can start with the Ukay Bistari project where I and several friends are reviving the projects. Even in Ukay Bistari project, Khir Toyo played a role which actually led to the abandonment of the project several years ago.

References:
(1) The Edge
(2) PKR reps uncertainty
(3) Anwar Ibrahim view

1. With the courtesy of one of the Selangor State Exco, I manage to obtain a copy of the Volume 1: Main report-Final landslide investigation report. Apparently the report has three volumes all together and the other two volumes appear to be supporting report from various department and appendices which supports the main report. I have been promised Vol 2 and 3 and hope to get it soon.

2. The report is certainly quite extensive. It has information about the development of the area in the forms of Aerial photos and other documents way back from the 60’s. I was under the impression that Bukit Antarabangsa development started in mid 80’s but this report shows that it started 20 years earlier.

3. There are certain key elements in the report. Among others, there is documented evidence on page 7 that the recent failed slope had failed on the 14th Dec 1984, 22nd Aug 1985, 14th Oct 1985 and 8th Nov 1985. During this time, the developer of the area is Superview Sdn Bhd; a subsidiary of MRCB has been developing the area since early 80’s. Following the various repeated failures, Superview Sdn Bhd abandoned the half completed project.

4. On page 41 and 42, I picked up something interesting. It was mentioned that a landslide hazard study was carried out in January 2008. I believe this is the RM5 mill study that CKC has commissioned IKRAM to do. The report is known as the “Ulu Klang Ampang Hazard Assessment Study” A detailed geomorphologic mapping works was done. In the report, it shows that there is a strong tell-tale sign that the area will collapse and true enough it collapse 10 months later on the 6th Dec 2008.

5. As what I had predicted in my earlier writings, the writings on page 41 and 42 shows that the relevant government department, namely JKR knew about the impending failure. The government agency has failed to act in a timely manner. The death and property destruction could have been avoided, if there were greater sense of alertness and urgency on the part of JKR and other associated government agency. In other words, the resident who lost their lives and property loss in vain. It could have been avoided. Ten months is good enough time to do something significant which could have safe life. There is more evidence on page 45 which shows that the drainage in the affected area is substandard.

6. While the tragedy has happened, the affected residents may want to take action. I am not a real expert but as a person who has been reading a lot about the technical subjects related to slope failures, I would say that Superview would be their main target of the victims. However I believe the Federal and State Agencies should not be neglected. There is no point trying to get money out of MPAJ as the court has granted it immunity based on the Highland Towers Condo collapse. Burden of responsibility mainly appears to fall on Superview.

7. In my view, there is still time for the other residents. CKC (a unit in JKR) who has the technical expertise in interpreting the “Ulu Klang Ampang Hazard Assessment Study” must now come forward and explained to the people in various part of BA the risk that they face. They must tell the people what to do. Only the people can use its position to get both the state and federal government to rectify the problems. I hope Dato Ashaari of CKC is reading my piece here. Hopefully the 1-UMNO community center in BA can convince the Federal Minister and do it as part of regaining the resident faith in them.



Bukit Antarabangsa Landslide Final Investigation Report-Vol 1

Related reading
(1) Residents urge firm stand against hillslope projects
(2) More express fears over new Bangsar project
(3) Ex-major may sue to get landslide report

1. On behalf of the residents of Bukit Antarabangsa, I would like to extend my sincere appreciation to Tan Sri Khalid and the State Exco for agreeing to invoke section 2c of the ACT 88 (Official Secret Act 1972) to the various reports that is related to the landslide that happen on the 6th Dec 2008. This is a long overdue matter which there is a need for some residents to have closure. I receive a copy of the summary at 200pm from one of the State Exco.

2. I must say that Tan Sri Khalid and the State Exco has place the importance of the people of Bukit Antarabangsa when making the decision. They have shown what governing is all about. They have shown to the other State Government and the Federal Government in Malaysia that the core center of governance is about the people. They Selangor government has essentially given the responsibility of managing this issue partly to the residents of Bukit Antarabangsa.

3. What the Selangor Government did today shows that they are more capable then our Federal Ministers. The former and the present JKR Minister does not want to do it. I remember how I pursued the matter for months officially with Zain and finally got a reply when Shaziman became the JKR minister that the documents are official secret and cannot be released. Shaziman managed to do something that Zain cannot even do i.e. giving a reply my official request for the report. I remember, I continued to pressure JKR to explain why it has to be made a secret. Then on, they just ignored me. They went a step further by getting my neighbor to spy and give them a regular report via the Unit Cerun Head.

4. I believe the directly affected resident will need a copy and to study the legal implications. The rest will need to study and make a decision whether to stay or to leave this area. To those investors, they would have to decide whether BA is a suitable place to invest in buying properties. To some of us who has no option but to stay, we need to study it and find out the weaknesses and improve on it.

5. Words cannot describe the sense of appreciation that I and many other residents have for the current State Government. To the other residents of BA who are still undecided or in doubt whether the present government has done justice to them, this is a time of reflection. I do not understand why the BN Minister cannot do the same?

Summary of the BA landslide report: Download here

Bukit Antarabangsa Landslide Final Investigation Report-Vol 1

1. At about 500pm, I receive a flash on my Blackberry that it was reported in The Malay Mail today, that the Selangor State Government has in its possession, the reports that contain studies on the cause of the Dec 6, 2008 landslide, the risk assessment report of the area as well as a report that contains detailed mapping of high risk landslide spots. Apparently State Legal Advisor (SLA) is now evaluating whether the MB has the power to declassify under Section 2C of the Official Secret Act 1972 (revised 1996) (ACT88).

2. As a resident of BA who has been fighting to get a copy of this report since Dec 2008, I don’t mind waiting for a few more days for the SLA to give his opinion. My own personal assessment after reading Section 2C of the ACT 88 and its related Schedule under Section 2A, it is quite clear that the MB has the rights. In fact it is quite clearly spelled that the JKR Minister has the right to declassify it as well. The way I see, they just don’t have the balls to do it

3. It was really disheartening to note that the State Executives was not aware that it has a copy of the said report in its possession since Sept 09. Dato Shaziman Abu Mansor only mentioned it in the Parliament after being asked about it and he said the ministry has given MPAJ a copy. MPAJ officers were unsure what to do with it and chose to keep it quiet. It did not inform the Public that it has a copy. Neither did it inform the State Government.

4. I am very disappointed the way things are managed between the Federal and the State Government. In these instances, the Federal officers due to their ignorant and blind loyalty to the BN MP and Minister did not want to release the document to the State. The unhealthy and immature politics by the BN Minister really sickens me.

5. Federal officers must understand their role and responsibilities which is guided by the General Orders. They must know that the Minister is not the Maharajah of the Ministry. The KSU and the DG has wide and deep powers. They should have exercised their powers without fear of the Minister. There is a clear separation of powers between the Minister and the KSU/DG. The way I see it, they are not able to use their powers because of their ignorance and lack of spine in doing the right thing. Based on my observation, these government servants are more concern of their own “rice bowl”.

6. Whatever the case maybe, if the State Government released the report in the coming days, they will appear to be the hero of the people in Bukit Antarabangsa. The report serves two purposes. The first it will provide the directly affected residents of the landslide a closure in the sense that they will know triggers the slide that led to their lost of properties and family members. They may want to use it for legal suits against the necessary culprits. Certainly MPAJ is immune from prosecution but the state must look at whether there has been failure on the part of any of the office bearers in MPAJ which contribute to the landslide. Those who had failed need to be dealt with accordingly.

7. The second and most important use of the report is for the residents to evaluate the safety of their surrounding environment. This is important for people like me where we can take the necessary measures to improve the safety around our areas. Unfortunately, politicians do not see it the way, we the residents do. The worst part even their supporters who lived in Bukit Antarabangsa in clear and present danger also cannot do the right thing. They continue to support their man despite not providing the assurances that their children and home is safe from any landslide. I do not understand this blind loyalty.

Latest Update:
The Selangor State government has agreed to declasify theBA landslide tragedy report using Section 2C of the ACT88. I have just received a copy of the summary report. Download here.

1. Part of my morning routine is to send my six year old to the Kindergartens every morning. That is the first time when I heard the “potong” advertisement. I burst into laughter in the car when my daughter asks me what the advertisement is all about. She asked me, “Papa,iklan ini cakap pasal potong apa?”

2. The potong advertisement escalated to the next level when, it was raised in Parliament and the MCMC says that it is studying whether the advertisement breached any content law. I thought it was very humorous that Ministers suddenly became overtly sensitive with the advertisement that it receives such a high level attention that it has to go into the Parliament. The way I see it, P1 Wimax has made the maximum bang for the buck on this advertisement. In a simple language, it is money well spent. The advertisement must have created a serious dent on TM that pushed Streamyx to counter the advert in a big way.

3. On Friday, 13th November, I took leave from work. I wanted to rest at home and surf the world over using my computer. By 630pm, my Streamyx broadband service became erratic. It came to a complete halt at 715pm. Since I am quite use to this outage, I chose not to call TM hotline number (100) immediately. I reboot my computer, my ADSL modem and the router. I tried everything that I know but it does not work.

4. I called the TM hotline number for assistance. I was given the standard routine trouble shooting procedure. I told them I had already done all the basic stuff. I must say the guy on the other line was polite and tried to help but nothing seems to be working. I thought the problem lies with my computer. I borrowed my neighbors’ computer and it confirms that the problem has got nothing to do with my computer.

5. The following day, I decided to seek an old college mate who is currently the Senior GM with TM. This is not the first time I sought his help after installing Streamyx. I remember I sought his help to get a line. I sought his help within 24 hours after installing. In fact, I lost count the number of times I had to seek his assistance.

6. Despite feeling embarrassed, I had no choice but to trouble him again. This time it was different. After many SMS exchange, I received calls from the Streamyx officer on Sunday morning and afternoon. What I received, in my mind is not a solution but a courtesy call. I was so pissed that I told my friend that I intent to engage the CEO of Streamyx to terminate my contract on the next working day. I also told him that I intent to go public with this problem. This kind of service level standard is simply not acceptable.

7. It is really a difficult choice for me. To potong or not to potong? Should I stay and have this irregularly regular interruption in the service.TM is the largest Telco Company in Malaysia. It is talking about having super broadband service is certain part of the country but yet, it takes nearly 72 hours before I received some decent service. Today, I had two visits from TM to solve the problem. They call my wife every few hours to check on the service. I don’t think they want to call me anymore. I suspect it has something to do with my friend trying to help him.

8. This kind of service is simply not acceptable. I cannot be calling my friend all the time for small problems like having no service. He is the senior GM in TM. What happen if he becomes the CEO soon? What about thousand other users who does not have the kind of cable that I have. TM need to buck up and provide 24/7 service. Should I potong my Streamyx subscription and lose my biggest cable in TM? It is really a tough choice.. “To potong or not to potong”

1. Within a matter of days since RPK latest revelation that hints the possibility the PI Bala may resurface, a damaging YouTube declaration “A video SD” appears. In the YouTube video, several key facts were revealed. Among others the name of Mr. Deepak, RM 5 million and Putrajaya was mentioned and most importantly PI Bala has stand by his first SD. The latest revelation also further reinforced the need for RPK to continue lives in hiding and appears in the shadows of the Malaysian politicians.

2. If my memory serves me right, within days after PI Bala makes his SD public in the presence of several prominent lawyers and politician, he reappeared looking so stressed, distraught and came out with a new SD and claims that the first one is not correct. Subsequently, he vanished suddenly and rumors has been circulating since then that he was pressured in withdrawing his SD and was paid a handsome amount of money to stay away from Malaysia. My own friends in the Military Intelligence circle at that time said that he was living in Bangkok.

3. Bala SD is crucial because it linked Najib with Althantuya. RPK in his writing about the Scorpene submarine deal linked Najib, Razak Baginda with Althantuya murder. RPK also linked Althantuya murder with Rosmah, her ADC, Lt. Kol Norhayati and his husband. At this stage, can we believe the word of this man who changed his SD twice, received RM750K from Deepak the carpet salesman?

4. Personally, I believe RPK theory on the murder is something that cannot be discounted. In fact it is quite plausible. I cannot blame PI Bala for changing his statement. I believe he did it because he has some concern on the safety of his family more than the need to accept the money that was offered to him. At the same time RPK continue with his style of releasing information on piecemeal basis and continue to put people nerves on the edge. This whole episode is detrimental to the nation and it is putting everyone on edge.

5. I read from another blog where it was mentioned that the police knew where bala was hiding. Apparently, during the early days after his disappearance, they interviewed him and wanted some answers from him on which is the true SD. Questions are being raised now on how is it that the police and the Military Intelligence people knew about his location and manage to interview him? Why didn’t the police catch him despite having an extradition treaty between Malaysia and Thailand? Could it be that these the so called authorities that is looking for him is the one that hide him? Could it be that that some police top brass was involved?

6. It seems that when someone really goes into hiding, the police can never find him. They can find the people that they themselves hide? This was further supported by the fact that police are not able to locate RPK till today, a person who chose to go into hiding because he fears unfair prosecution. The latest YouTube SD revelation shows that Bala is in contact with RPK. Is there a possibility that Bala knows where RPK is hiding?

7. With Razak Baginda issue has been settled and the two policemen (what are their names again!) sentenced, Althantuya murder case has been addressed officially. The general masses do not know how the duo looks like and speculation is rife that the infamous duo will also be let loose behind the scene.

8. It is quite obvious that Najib did not kill Althantuya. He did not order the hit either. My gut feelings tell me he knows her. He has met her. On the depth of his relationship with her, I leave it to everyone imagination. The only reason that this particular information cannot be made official because it has serious and far reaching political consequences.

9. Razak Baginda was the convenient vehicle for the submarine deal. In a country like Malaysia where something that cost RM1 is purchased at RM3 by the government, everyone can speculate with significant accuracy where the RM2 went. Certainly a friendly legal entity is involved. It is reasonably accurate. The murder of Althantuya certainly has something to do with the complex submarine deal.

10. Althantuya was managed by someone behind the apex of power. Names like Musa Safri, Lt Kol Norhayati and his husband seems to be closely associated with the people at the apex. I suspect, RPK has all the evidence but is not releasing at one go. Typical to his style, he wants to ensure that there is a continuous suspense, thrill and maybe extend it to GE13. I wait for the successful prosecution of the guilty party.

1. I believe the artificial euphoria after Malaysian Budget 2010 announcement has finally settled. The ritualistic annual event followed by the ritualistic media reaction and selective public interview that followed every budget announcement has not left any long term impact on Malaysian.

2. Those who are concerned now realized that it was merely a publicity stunt and we are living in a real world surrounded by fantasy that was created by the government. I wonder how many men in the street really know how bad the budget would be for them. My own assessment is that the 2010 budget lacks imagination and creativity. It is not addressing the focus issue at stake which is the rakyat.

3. It is not addressing the need to ensure that the Malaysian purchasing power stays strong. Instead it is doing the reverse. One such example is the government plan to remove all fuel subsidies in 2010. Let us look at some of the areas of the budget. Since the scope of the Malaysian budget is too wide for me to comment. Therefore, my view will cover certain areas only.

4. Firstly, I welcome the annual fee credit card charge of RM50 per credit card. Malaysian has just too many cards and they are just creating a lot of debt. Many Malaysians survives their day on borrowings. We must ask accept that Malaysians has become too dependent on credit card because cost of living has gone up, our value of currency has gone down and the income growth has not been comparable.

5. Most family budget shows a monthly deficit. We are in what we are today, because the government has failed to keep cost down and improve the wealth of the average Malaysian. Whether we like it or not, Malaysian needs to try to live within their means. If they can’t, then they must blame those who created the problem for them. They should have no more than 1 card. As such, exemption should be given for the first card because, most people now uses card for daily transactions.

6. I was appalled with the idea of setting up 1-Malaysia clinics. Health services are the responsibility of Ministry of Health. They have been setting up hospitals and clinics on regular basis. I believe they will continue to do so base on their planning. The government primary feeder clinic and secondary centers need serious upgrading in terms of manpower, quality and service. It does not need a new signboard that says “Klinik 1-Malaysia” This is a sheer waste of public funds.

7. I have written before about the impact of oil fluctuation. In Malaysia, when petrol goes up by 10 sen; everything goes up by 10 sen a kilo, a can or a piece or a glass. I think everyone knows what I meant. The government will shout and says that businessman should not be too greedy and government will control. In actual fact they don’t and do not have the ability to do so.

8. We live in a country where whenever the oil price goes up, everything goes up but when oil went down, everything stays the same. Oil is the base of all cost and the moment oil price goes up, Malaysian will not only be burden with fuel increase but with everything that sits on the shelves in the supermarket. If subsidy is removed, I believe Malaysian lower middle income will fall under the poverty line. Bread winners may have to end up doing two or three jobs.

9. I expect the government to find measures to stabilize the pump price. They should develop an “Oil Stabilization Fund” (OSF). This fund will be used to pay the fuel subsidy. In the event that the world oil price drops, then excess income from petrol sales will go into this fund. The point I am making is that, we need to have a stable petrol price. OSF is one way of doing it as with instability of oil price it will create more hardship for the people.

10. The government has also shown very little creativity in improving the nation income and its expenditure. Its revenue is too dependent on fixed salary income earners, business taxes and GLC dividends. The fixed salary income earners is the one that the government knows cannot cheat on their income and the government continues to milk them every year despite the shrinking numbers of middle income earners.

11. My assessment shows that a family 4 living in major city would be struggling with annual chargeable income from RM2501 to RM 42,000 a year (or below RM3, 500.00 a month). This group tax rate varies from 1% to 12% or from RM25 onwards. Is our government so hard up that they need to collect RM25 from the lowest rung of the society? I think the cost of doing the collection and maintenance of the accounts is higher than the collection. In my opinion, those with chargeable income of below RM3500 a month should not be paying any income tax. There is just too much hassle in the collection and maintenance of this collection.

12. Instead we see that the government reduces the income tax of those groups with taxable earning of RM250, 000 and above. It appears those who earn more than that like RM 1 million a year will be laughing to the bank. The 1% is equivalent to RM 10,000 a year. This group will use the money and go and spent it overseas. The RM10, 000 is equivalent to 400 people paying RM25 per year. That is why I said the government lack imagination.

13. It is to redefine the level of poverty, the lower income group, the middle and the upper income group. A new tax structure needs to be put into place. The tax structure for those with chargeable income above RM42, 000 to RM250, 000 needs to be reduced on a structured scale and several new tax brackets is created for those with chargeable earning above RM250, 000. Those earning more than RM 1 million a year need to pay a lot more. The government also needs to introduce a regime called “Tax At Source” (TAS) which is specifically targeted those in the high income bracket.

14. Among others TAS can be implemented to those who profited from stock market. In Europe the prevailing tax rate is 25% on the profit. TAS should also be aimed at those who earned on fixed deposit as only those with spare cash puts money in the FD. Some exemption can be given to retirees. Other source of TAS includes air tickets cost for international travel, tires for big cars and many more consumable items that is usually purchased by the rich. This is not equivalent to GST. The government also needs to improve its tax collection from businesses which typically under declare their income.

15. No matter how much we collect, if we do not manage our expenses appropriately, no amount of money is enough. The government needs to reduce its cost of procurements. For e.g. despite being the largest purchaser of paper and ball point pens, we are still paying more than what a person would be paying for buying 1 unit of such item at the hypermarket. I shall not dwell into the excessive commission that involves major government procurement because it is well documented on the public domain.

16. My conclusion of this budget is that it is making Malaysian poorer. It is squeezing the lower and middle income group. It does not address the core issue of improving the quality of life of Malaysians. The rich and superrich will ends saving more money with their 1% tax reduction. I don’t understand this government that says peoples first.

Reference
Malaysian Medical Association comment on 2010 budget allocation for the health care sector

1. Ask any level headed and people who argue any case professionally on the possible outcome on the recent Federal court case involve Nizar and Zambry and analyze their response. You might be surprised with the outcome. I asked 21 people over the weekend at a club where professionals gather and share their cuppa. None of them are members of any political party. Surprisingly, no one knows what the details of the case that is pending in the court. However they know that it has something to do with Nizar wants him to be reinstated as MB.

2. Not one knows who the judges are and what more the judges background. Despite that, 19 out of the 21 people feels that Nizar would lose the case. Some feel this whole affair is an academic exercise and others felt the decision has already been made before the case was even heard. Out of the 19 people who was interviewed, 17 feels it would a 4-1 decision or better and only 2 feels that it would be a 3-2 decision in favor of Zambry. Two people say it would not fair to make a judgment on the judges because they don’t know them and have no knowledge of what the case is all about.

3. I asked the 17 people on why they felt that Zambry will win despite not knowing the judges background. Unanimously, with a clear voice, they conclude that the personality is not important but what is more important is that the judicial system in this country is not thoroughly fair. They all gave the impression that the system has been fixed to ensure that it would be in favor of BN. This is the public perception from small group of professionals.

4. Then I saw, what RPK wrote today about the five judges that are deciding on the case. They are Tan Sri Dato’ Seri Alauddin bin Dato’ Mohd. Sheriff (President of the Court of Appeal), Dato’ Arifin bin Zakaria (Chief Judge of the High Court of Malaya), Dato’ Zulkefli bin Ahmad Makinudin (Federal Court Judge), Datuk Wira Haji Mohd Ghazali bin Mohd Yusoff and Dato’ Abdull Hamid bin Embong. Based on RPK analysis, all these judges were involved at one stage or the other in the many hearings involving Nizar, Sivakumar and Zambry.

5. It goes without saying that none of the above judges had ruled in favor of Nizar. The only Judge that says that Nizar was the MB at all material time was Justice Abdul Aziz Abdul Rahim and his name is not on the list. His name is not there because he is not the member of the Federal court.

6. Even though the case has not been decided but public perception has already been ingrained with the probability of Nizar winning is absolutely remote. I am not sure which is more important – Nizar winning or judges be judge fairly. Is it really important for Nizar to win the court case? Should the court try to gain the public trust in the system? In my own assessment, it is not the outcome of the trial that is relevant at this stage but the way the various justice judge the case. The judges are basically on trial.

7. It is quite clear that the judges judge the case and the rakyat will judge them. Let us see whether this 19 professionals are correct in their assessment. My own personal gut feeling concurs with this 19 professionals.

1. Finally, the Federal government acknowledges that there is a validity of the agreement signed between the State government and Petronas where the later is supposed to pay 5% oil revenue to the State if oil is found with its boundaries. The latest act of the federal government willing to give “Wang Ehsan” to the people of Kelantan, further reinforced that there is oil within Kelantan borders.

2. It is beyond reasonable doubt that there was oil in Kelantan for a long time and for that reason Tengku Razaleigh signs the contract with the Kelantan government in 1975. All this while, the oil was probably being sucked out sideways pipe from Terengganu borders. Petronas would not have sign an agreement with a state that has no oil.

3. Like what Mahathir is doing in Terengganu when PAS won the state during the previous GE, the money which is owned by the state government was illegally taken away from them and managed federally. Terengganu government under PAS sues the Federal Government and Petronas then and as usual, the case received no priority and it queued along with small theft case until the government was change and the case was withdrawn by the government. It was relabeled as wang ehsan then and Najib is now using the same term for it for the oil money in Kelantan.

4. Anyone that is familiar with contract laws can clearly identify that the agreement is between Petronas and the State Government. The Federal government is not a direct party to it and has no direct locus in intervening in the matter. Petronas management and its board is obviously too weak to stand up and do the right thing.

5. The way I see it, during that 5 years, Terengganu was under PAS, the Federal government spent money in the state by upgrading schools, clinics and various other federal related agencies. Indris Jusoh Enterprise benefitted largely from it. The money that was spent came from the Federal coffers. It did not come from Petronas. In other words, Petronas still owe the Terengganu State government substantial amount of money.

6. The same is with Kelantan. The present government should not be unduly worried about the “Wang Ehsan” from the federal government. Legally it has no ties to the oil money and the 5% Petronas suppose to pay the state. It is good that they Federal Government wants to spent billions in Kelantan but the people must be constantly reminded that this is not oil money that belongs to the state.

7. The state government should go to court and get Petronas to divulge how long they have been extracting oil in Kelantan and then claim it accordingly. Kelantan government is more stable then the Terengganu government and let see how long Petronas, BN and the current court system does want to delay the processes. As long there is a sun and a moon, Kelantan government should pursue it.

8. Najib, you have given me another reason why I should not vote BN in the next election. It is because you (and BN) do not do the right thing. You lied and you deny the state from its income. I wonder which of BN cronies will benefitted from it now. Could it be Anuar Musa Enterprise?

Reference
Read Section 4 of Petroleum Development Act 1974

1. Past week few people commented about the need of having a single stream school system in Malaysia. Najib as anticipated played down the issue by saying that it will not be implemented if the people do not want it. As Malaysian, we need to ask ourselves which is more important, political survival of some politicians or the need to be one, as a nation.

2. Some people may argue that the country has progressed over the last 52 years with the current system in place. There isn’t a need to change because education index among Malaysian is high, per capita income is high. We have many highways and tall buildings. Are these criteria enough to measure the maturity and success of a nation?

3. Former Propaganda Minister, Zainuddin Maidin said “Malaysia should emulate Singapore’s single stream school system so as to produce a population that “no longer spoke and acted on racial sentiments”. Well, there is some truth about what the Zainuddin is saying but it is not the only reason. Singapore became what it is today, because of strong political leadership with political will and strong governance. They had one mission and the mission remains the same since 1965. In Malaysia, it is not the same. For e.g. One PM came with out with Islam Hadhari and the next PM made it into “Islam hari hari”. The point I am trying to get at is that our goals change with the PM of the country.

4. The key point that we must accept is that after 52 years of implementing the present education system, the people of this country are still divided along racial lines. The current system of education does not promote trust between the people. It becomes a sore point among many people in the street. We must appreciate that the current system is in place because some people felt it is a must to maintain their mother tongue and the politicians who pushed this ideology did it for the sake of themselves and not the country, Malaysia. These are the very people who govern the nation for 52 years and place their interest first before the nation. I believe it is time to move forward.

5. If we accept the fact that Malaysia comes first before the politicians and the hardcore racist people, then we must do what is right. The right thing is the government must provide a single stream education system. This is not something new. It is practiced worldwide. It is proven beyond the shores of Singapore. In Indonesia, the government there even forces the non Malays to have an Indonesian name but we don’t have to go that far. We must accept that people, who eat, play together and talks in common language maintains a stronger and lasting bond. We must start afresh after having a failed system in the last 52 years.

6. We must have the political will to change. It is better to cut off and starts a new and gets rid of this thorn in the flesh. The government must no longer support vernacular schools. Politicians on both sides must not be held ransom by the votes of people that support vernacular system. The vernacular schools can continue to exist on their own as other private schools in the country. This is done in Singapore, Indonesia, Thailand, Brunei and many other parts of the world. They should not get any government funding. Any government of the day that continues funding vernacular schools either via donation or others means that the government is promoting racial based policies. Maintaining mother tongue and culture should be done at home. Malaysian school system must be devoid of excessive religious infusion and must focus on key elementary subjects. Language classes can be provided within the government system as an option. My not so favorite Education Deputy Minister, Wee Kah Siong may not agree with me. He would argue that it is embeded in the Malaysian constitution. We have change the constitution more than thousand times. Changing it once more makes no difference.

7. As Malaysian, we need to ask ourselves. Which one comes first, the nation or oneself or maintaining mother tongue? Should we sacrifice and continue splitting this nation of ours along racial lines or focused to be as one. To me, Malaysia comes first.

1. A raid that took place in Sri Ukay last night was organized by JAIS and assisted by the police. During that raid, it appears that the former Perlis Mufti Dr Mohd Asri Zainul Abidin (Dr Asri) was arrested for giving an Islamic talk to the residents there. Several things came to my mind when the raid took place. Firstly it was a well coordinated raid organizes by JAIS and the police. Despite that the Ampang OCPD claims that the police do not know anything but merely assisted in the raid. What a joke?

2. Among the well known residents of Sri Ukay are Dr Saari Sungib (PAS-Adun Hulu Kelang) and Haslinda Zerain, the former Putri No 2 and the candidate for Bukit Antarabangsa during the general election. Apparently YB Saari was at the program. Initially, I thought it was organize at his house but it turns out it was organize at another resident house. I am not sure whether Haslinda attended the program but I was told that it was organize not far from her house.

3. It was only reported in the last few days that Dr Asri receives the invitation to join PAS but he has not made up his mind. Though being denied by many people in power, the general perception is that the arrest is politically motivated. It does not matter why a former Mufti is being arrested by JAIS but the perception among the public is that it has something to do with the PAS invitation.

4. From the way, I see it; Dr Asri is not good enough. He is not educated enough to give a lecture on religious matters. He is not qualified based on Selangor Religious Authority (JAIS) standard. Therefore he was arrested. A former Mufti in one state is not good enough to be allowed to speak about religion in another state in Malaysia. This is 1-Malaysia, a country where Islamic standards are different from one state to the other.

5. JAIS actions have shown the dark side of its administration. It shows that they are being manipulated. They are showing to the world, Islam in Malaysia varies in one state to the other. What is Halal in one state, it may be Makruh or Haram in another. I have shown some examples related to this matter in my previous article. When a person is considered knowledgeable to speak about Islam in one state, he or she may not be considered the same in another state.

6. JAIS action last night has demonstrated the shallowness in the thinking of the administrators. There are many people with lesser knowledge are giving “Tazkirah” in Mosque and Surau’s in many part of Selangor. They are not being questioned. There are also plenty of speakers on the radio wave that speak in other states but are also heard by the masses in the radio and on TV in Selangor. They have not been censored. Clearly, JAIS has made has shot themselves in the toe.

7. I think JAIS actions has reinforced Dr Asri mind that he should join PAS. Again if you are a Muslim in Perlis, you may not be considered the same in Selangor. If a scholar considered not good enough, what more people in the street like many of us.

1. When the news of Nik Aziz wanting to have an EGM surfaces, there was a myriad of views in the papers. BN leaders in particular UMNO was having a field day giving their views. No matter which camp is being questioned, it is quite clear that PAS members are divided. For that matter, all political parties in this country has got a team A, B and sometimes C. Therefore I am not too concern about PAS in this respect.

2. Nik Aziz reputation precedes him. As a leader of a state he is well respected. He has earned his respect from many layers of the society. Even the Chinese and Indians in Kelantan also respect him. His actions are based on the need of being fair and are guided by what he learns from the Quran and Prophet Mohamed s.a.w teachings.

3. So when Nik Aziz wanted to have an EGM to address the members on the principle of PAS, it certainly sent shockwaves throughout the nation. The current PAS leaders are more thinking about Malay unity but that is not what PAS is all about.

4. Is the original PAS ideology is about Malay unity? Malay unity is UMNO ideology. The name UMNO itself reflects their ideology. At the turn of the century, urban Malays are questioning UMNO ideology. Many can see that in UMNO some are more equal than others. As a result people sees that UMNO has become an elite group that champions and protect the interest of select few in the inner circle.

5. If the current PAS leadership is now following UMNO it certainly an issue of concern for Malays at large as well as PAS members. People who are true to PAS ideology must be able to see that Islam is not for Malays. Islam is also for non Malays. There is room in Islam for non believers.

6. PAS need to see itself beyond the boundary of racialism. In PR, they must show their credibility. They must be the leader of the pact and PKR can be glue that binds all the coalition members. To be the leader of the pact, they must show that they are able to lead in a way that the Islam teaches us. It must earn the respect of the other coalition members that it can act fairly for all as wanted by Islam. In Perak, we see Nizar can do it. I am sure there are many more Nizar out there in PAS.

7. This is what I see Nik Aziz has in his mind. I believe he saw that there is a need to develop a system that ensures justice and fair for all. A system where there is two strong coalitions that will contribute a check and balance in the country political system. If PAS and UMNO forms a union, then there will be no long term impact in this country. Malaysia will continue to be a racial based country. In the long run, the people will be divided by the politicians.

8. Whatever it is, that is what my crystal ball tells me. I might be wrong but I hope I am not. PAS can be better than UMNO. It can be the leader of the coalition but for that to happen it needs to push to the forefront leaders that can see the big picture. It needs to earn the respect of other coalition members as well as the respect of the people. It has to weed out the narrow minded members who think Islam is for the Malays only.

1. I guess everyone is still shocked with the imported Pathologist from Thailand, Dr Porntip Rojanasunan (Dr PR) revelation that there is 80% probability that TBH died from Homicide and not suicide. As usual, I prefer to analyze the exact facts reveal during inquest by visiting the AG Chamber website but I found that the “Nota Keterangan” has not been updated since 14 Aug 2009. The video recording was has a poor audio quality and I really need to read the “Explanatory Notes” to digest what was asked and what was said by all parties.

2.. As I do not have access to the crucial information, I have to rely on what was printed in the MSM as well as on the online media. To ensure consistency, I use The Star, NST, Malaysian Insider, Malaysiakini and Malaysian Mirror as my source of reference.

3.  Some people are wondering on how Dr PR came to this 80% conclusion. I can safely say that is based on facts and her own personal experience. She would then make a guesstimate on the probability that TBH was murdered and did not commit suicide. We must appreciate that Dr PR came to the conclusion without examining the actual body but based on document review which includes photos, reports and the reports by her 2 assistance that came over several months back. I will try to explain in the simple manner on how Dr PR arrived at this conclusion.

4.  Dr PR concluded that that TBH was unconscious and was already injured when he exited the window based on the type, severity and location of injuries. It appears that TBH has two types of injuries. One is due to the fall and the other is due to physical abuses. She concluded that in the absence of reactive injury when the late TBH impacted the floor, he must be unconscious.

5.  Firstly, Dr PR concluded that he was unconscious because she expected that someone that is conscious during a fall would cushion his/her fall with an outstretched hand. This is a common sense which I believe many people who had slipped would have experience injuries on the hand or wrist as a result of the body reflex where the person hand would automatically be outstretched. At the height, speed and momentum, one would expect severe injuries to the hands but in this case there were none. For this reason she concluded TBH was unconscious. This is a fair, simple and acceptable argument.

6.  The second issue is that whether TBH has injuries consistent with a fall from height. In this aspect, Dr PR agreed with Malaysian doctors that there is substantial evidence to show that there is a fall from height. Among others, these include the leg and hip fractures. Again this is a reasonable and fair conclusion.

7.  The other significant comment that was highlighted by Dr PR that indicates that TBH was brutalized before being thrown out of the window is based on several signs on the body. The first being the skull fracture where she said is consistent with a blunt trauma. In this case, the skull injury does not match those that are due to the fall. Personally, I think both side of the camp can split hair and probably there is a strong probability that both parties are right in the sense that it is hard to differentiate the outcome of an injury due to a fall and due to a blunt trauma.

8.  The most damaging evidence came from the findings of Dr PR on the signs of strangulation around the neck. A quick review of the pathologist report (Item No 5, pg 7 and Item under heading of injuries on page 3) showed that the Malaysian Pathologist acknowledge the presence of the wound but did not account for the reason of the wound. Certainly, Dr PR has a point as she demonstrated how the wound would have come about i.e. by manual strangulation.

9.  Another interesting interpretation by Dr PR is with regards to the anal wound. Again the Malaysian Pathologist noted the presence of a penetrating wound injury measuring 2cmx6cm (Item 7 and 8, page No4) (item 7, 8 page No8 ) but did not take into account the cause of this injury when making their conclusions. Dr PR claim such a longitudinal wound must have been due to a penetrating injury rather that the fractures around the hip. This is also logical

10. From Dr PR findings, it is obvious that the Malaysian doctors actually saw what Dr PR saw but did not take into account the seriousness of the two injuries at the neck and anus. Is there a possibility that they had intentionally omitted their conclusions on these two injuries? If there is such a possibility, then why did they do it? A senior pathologist like Dr Khairul surely could not have concluded that the injury especially in the neck is due to a fall from height.

11. Based on Dr PR explanation, I believe the Malaysian doctors need to revisit their findings again and analyze it. They need to find a solid argument to counter the findings of Dr PR. I would say they are in a better position to do so because they examined the body and Dr PR did not. Finding a solid yet acceptable argument may not be easy in light of things that have happened.

12. Based on my own analysis, I concur with Dr PR that TBH was unconscious when he exited the window. I concurred with her findings that TBH sustained some injuries that is due to a fall from height. I have no access to the body and post mortem pictures but Dr PR has seen TBH post mortem pictures. In that aspect, I gave her the vote that TBH was brutalized before being thrown out of the window. My position remains the same unless the Malaysian Pathologist can provide some simple, reasonable and logical explanation with regards to the injury of the neck and anus. In the meantime, the general feeling is that the people believe that that there is an interdepartmental collaboration to COVER UP rather than to solve the crime.

Reference
TBH Post Mortem report

AG Chambers website- TBH Inquest proceeding

Previous CSI Series

1. I completely forgot that today is the day that the Thai pathologist Dr Pornthip Rojanasunand (Dr PR) was supposed to take the stand at the TBH Inquest. I was busy attending a seminar and half way through, suddenly by blackberry receives strings of updates from friends and unknown people asking me to read the Malaysian online papers. All of them are now more than ever convinced that TBH was killed in the MACC premises.

2. Dr PR background as a no nonsense person with 10000 post mortem behind her certainly will create a dent in anyone theory that TBH jumped out of the window voluntarily. In my previous CSI series, I have indicated that there is just no motive for him to jump. There are more motives for him to continue living as he is getting married in the next few hours.

3. In her testimony she acknowledges that, Dr PR did not visit the site. She did not examined the body but she based her findings based on the post mortem reports, pictures provided by various parties and findings of her 2 assistants that came over a few months ago. Despite that she is confident enough to conclude that there is an 80% probability that TBH was murdered. Would it be 100% or 50% if Dr PR was on site after the body was found and if she were able to do the PM on the body of the late TBH? In the peoples mind, I believe many would believe that she would have concluded beyond certainty (i.e. 100%) that TBH was murdered.

4. What does this testimony means? To some it may means that TBH was murdered by MACC officers. To me it means a lot more. It means that the entire system which consists of the MACC, Police, the doctors (from Klang and UHKL), and officers in Putrajaya is now on trial.

5. It creates a damning perception among the people on whether the Government Machinery can be trusted to work professionally and independently. The perception is now growing that the interdepartmental cooperation has gone beyond the “professional level”. It appears now that there is a cooperation not to uncover the truth but to cover it up!

6. Based on the earlier court proceedings, there were unusual communication trend between MACC officers in Shah Alam and MACC HQ in Putrajaya while the death took place. This piece of clue and the other related testimonies by MACC officers suggest that they knew what was going on. For that reason, Hishamuddin (MACC No2) had told his staff not to lodge a police report. Despite he was in the office the whole night he was in Putrajaya subsequently and asked his officers to go to Putrajaya and brief him.

7. We must not forget the “surat layang” which gives information on the inner working of MACC and character of their officers and in particular Mr. Hishamuddin. The latest information by Dr PR, the various facts deduced during the inquest and the surat laying must be evaluated as one.

8. I believe Dr PR has strengthened my own theory and deductions that TBH was either dead or unconscious when he exited the window. It seems both of us agreed on the estimated time of death. I am waiting for her to comments on the torn pants as well as with regards to the damage shoe.  It points to the fact that he died while he was in custody of MACC. He was never released.

9. This is a very sad day indeed. The public is now more that certain that TBH was murdered in the process of bringing down the Selangor State Government and not merely investigating a corruption. The way he was investigated is certainly different from the way other people like (e.g. Khir Toyo) was investigated. If I am not mistaken, Khir Toyo did not spend a night at MACC. It will further enhance the people believes that there are politicians involves in this whole scheme.

10. Personally, I say it is the best interest of BN government to give up the culprits, punish those who are involved as this will have a long term implications. BN need to sacrifice those people to protect the interest of the political party. Right now managing people perception is far more important than anything else. I suggest they do it before it is too late. To the doctors of Klang Hospital (and UHKL) that were involved in the Post Mortem, they must be pacing in their office…

Continuation: Death at MACC-My CSI XVI – Making sense of the 80% probability

1. Someone told me before a long time ago that there is nothing more satisfying than seeing someone face that they have been offered a job. I remember my elation and happiness when I received my offer letter from the government as if it happens only this morning.

2. Over the years, I had helped many people along the way for the same reason. Many friends and friend of a friend are benefiting for the small thing that I do along the way. Many of them today have grown the ranks and are in the middle to senior management group. Some people even told me that I should be a head hunter and make a living out of it. Well that is not my intention. I just enjoy seeing people calling me and tells me; “Doc, I got the job…”

3. All this while, I did it along the way in an unsystematic manner. Whenever I hear an opportunity, I pass it around to the right people. When there is job seeker that needs a job I tell a prospecting employer. I gave my recommendations when it is due. Unfortunately, this is an unsystematic way of doing things and the number of people I can help is very limited.

4. Fact remains, in the current competitive environment, it is not easy to get a job without a helping hand. Prospecting employer always give due consideration if the recommendation came from a friendly party. Online head hunting services are non- personalized and does not give the much needed edge.

5. Past week I had two phone calls from friendly parties asking for help. The first coming from a young girl from Penang that just graduated in Accountancy and has not been successful in all her attempts so far. She hopes to get a job either in KL or Penang.

6. And then I had a call from another friend whose sister has been dealt with strings of unfortunate events. In the last two logistic companies that she worked, the company ends up closing shop because of market difficulty. Her background is in logistics. It is indeed sad that we cannot help everyone all the time but can help someone sometimes. I thought we should change that. We all should help and put a lot of smile into people faces. Sometimes people are so demoralized that they cannot even find the avenues to get a job.

7. In the short term, I am hoping the readers of my blog can help me in getting a job for this two people. If anyone need their CV, do let me know. I will email you the resume. In the long run, I hope someone can give me an idea on how we can develop a social service network where we can help the people in need in getting a job.

8. It must be systematic, organized and has the personal touch that will make it easier for people to find a job. It has to be on a voluntary basis where being paid for service is not on the menu. Is there anyone out there that can help?