Temple demolition – was it intentional?

 A 40-year-old Sri Muniswarar Temple located at the Prai Bulk Cargo Terminal was reportedly torn down by PPSB on April 20, without prior notification to the caretakers. The excuse given was that it is located to close to a chemical pipeline. I believe the pipeline and the temple has been “living” close to each others for dozen of years without any issues and its demolition has been done with the aim to embarrass the Penang Government.

On 1 January 1994, Penang Port Sdn Bhd (PPSB), a company fully owned by the Minister of Finance (Incorporated), has taken over all facilities and services from the Penang Port Commission. PPSB is under the direct control of the Federal Government. Hence the CEO would be a MOF appointee. Why did they do this? Obviously it has something to do with politics. The port officially known as Penang Port and it gives an impression that it is under control of the PG. By the demolition it shows that PG is not able to defend the rights of the Indians in the state. It is all about politics and BN politics of divide and rule.

BN need to apologize the Indian’s in Penang specifically and all over Malaysia generally for their conduct. As my friend said, BN has not learned their lesson.

Picture of the temple.

Cost of Freedom

Citizen Nades insulted Dato Salim on a tweet. The matter went to court and he was ordered to pay RM500K. He appealed and lost and was ordered to pay the cost of RM15K. If I were in Citizen Nades position, I would probably be sitting down, sulking and thinking on how to o get out of this mess instead of using my friends in the media network to spin a story that he was not fairly tried. What to do, our court is “ALWAYS UNFAIR!”

Several online report questions the qualities of the decision because they claim that Nades were not given ample time to file his defense. I spent hours reading the affidavits and the ground of judgment of the case and quite clearly one can conclude that Nades had ample of time. He chose not to entertain the suit and attempted to use every single legal avenue to delay the case. One can use the media and spin whatever one likes. One can win in the public opinion especially with a skewed writing but in reality he loss in the real court. If the court had favored him then the media would write that justice was made. When he lost they said that justice was not done. That’s the life we live in. How many of us know that Nades actually is a lawyer by training.

Malaysia is increasingly becoming a litigious society. So much so that I felt sometimes I should enrolled in a legal program. It did cross my mind several times but somehow timing was always an issue. I think there is easy money to be made especially now everyone wants his or her freedom. When demand of freedoms increase there are bounds to be conflicts. When there are conflicts, there is money to be made. Being a lawyer would be a way. In my life I have helped to resolve several major conflicts involving different parties on several occasions but then since I am not a lawyer, I could not send a bill. Any suggestions on where I can get a law degree fast?

Citizen Nades Vs Dato Salim: Grounds of Judgment.

Freedom…where is the limit?

• Malaysiakini reported that UMNO linked NGO got a trader to opened a burger stall infront of Ambiga’s house in Damansara. The trader claims that he is there to recoup his losses due to BERSIH event. It would be inconceivable to think that DBKL has given the trader to open a stall there. It also does not make sense for him to open a stall there where no one will buy his burger. Clearly by the ruckus created by the leader of the group, the aim is to intimidate the Ambiga and her family. Is UMNO so desperate for power? My concern is will UMNO act professionally if they lose GE13? I believe what we see today are signs that they will not do so.

• In another case, Nadeswaran (Citizen Nades) had insulted a businessman on twitter. Nades made some defamatory tweet on July 12th and Dec 22nd 2010 and the businessman filed a suit on Jan 31st 2011. Ample opportunity was given for Nades to file his defense but he chose not do so. In Sept 26^th, Nades filed an application for extension of time to file his defense. However the application did not come with certificate of urgency and the case was heard 2 days ago and the application was dismissed with cost. He filed for an order at the appeals court to stay the trial but it was dismissed on the 20^th Oct 2011. On April 27^th 2012, the case was heard and Nades was asked to pay RM500, 000.00. What has this case got with freedom!

• Freedom of speech means one can say what he likes but he must also be accountable on what he said. The same goes with the media. The media can spun a half true story giving a very negative impression on the other party. Freedom of speech means the need to exercise self-censorship. If one loves their freedom, than he must take good care of it. If you say the wrong thing, one needs to do the right thing to apologize. The offended party also has rights. In this case they have the right to sue and they won.

• The media is spinning a story that Nades was not given the opportunity to be heard. That is not true. The chronology of event showed otherwise. If Nades legal council has erred in anyway in filing his defense than he must share the burden with Nades. The three appeals court judges gave a unanimous decision. They opine that whatever ruling would be made would be academic as the case has been heard and the appeal to stay has also been rejected. They also highlighted that there was no justification or material before the panel to disturb the exercise of discretion by the High Court judge in not granting the extension of time, in view of the conduct and attitude of the appellant (Nadeswaran).

• Coming back to the case of the trader/UMNO linked NGO and  Ambiga; I believe Ambiga has the right of recourse. She should go to court and sue the trader and the NGO for creating fear. She should insist that the RMP and DBKL to take action and failing to do so means that she could also sue them! Reality is many of us are demanding a world of freedom and yet we don’t want to exercise due care in what we say. Is this an indicator of a progressive nation? The rate of civil suits being filed is close to what’s happening in the US.

DAP – Where is the freedom of speech?

• When the DAP VP and Senator Tunku Abdul Aziz Tunku Ibrahim first opposed the BERSIH 3.0 rally at Dataran Merdeka, I expected it to cause uproar within the PR top leadership. I believe Pakatan Rakyat has asked DAP to take action against him. It will certainly riled the DAP leaders. As expected BN capitalize on it. As a result of his actions, his senator ship with Penang has not been renewed. It would not surprised me if DAP takes some kind of disciplinary action against him.

• For those that is unclear with the facts, allow me reiterate some key points. Firstly he agrees with BERSIH agenda and he agrees with BERSIH planned rally. However he disagrees with the location as the police has obtained a court order to banned BERSIH from entering the Dataran. His disagreement is not against the political parties. He argues on the need to have it done at the location or trying to challenge the authorities by having it close to the Dataran. It was his personal views. How can a party that has been promoting freedom of speech take such action?

• Sometime ago a commentator hounded me for saying that PR allows freedom of speech and do not practice the use of whip. I have repeatedly said that both sides of the political barrier practice whip and it is practiced at all levels. It starts at the local council and goes all the way up to the SLA and the parliament. As supporters of PR we must question why DAP chose this path. Where is the freedom of speech that is much talk about? Cant a party member make a statement in his individual capacity? Is disagreement not allowed in DAP? Where is the much talked about democracy that has been touted as the key charter of the DAP? DAP must explain. Members and supporters of DAP must demand the party leadership to explain.

BERSIH: Between communism and overthrowing the government

• When Tun Hanif first mentioned that there were elements of communism during the BERSIH 3.0 rally, the first thing that came to my mind was that another propaganda spin is about to start. The target group would be the ex-servicemen. Like a well-orchestrated act, one after another former IGP came out with statements that rally is about overthrowing the government. Obviously the RMP will come out with a statement that they will investigate the allegation of overthrowing the government. TV3 and RTM then promotes the idea that the accusations are true while the politicians will use the names of the former IGP’s to spin it.

• These old scare tactics perhaps would work well with the older generation but I doubt it will work with the present and immediate generation. The present young working generation today doesn’t even know what communism is all about. True communism perhaps only exists only in North Korea. Even China communist ideology has been modified and has a tinge of democracy in it.

• Overthrowing the government is the business of the day of every political party. BN is trying hard to do it in Selangor and Penang. For more than 20 years they tried in Kelantan but failed. In Selangor, they drum up the religious and ethnic issues and try to create havoc during the early days of the present SSG administration. It is still on going to day but perhaps with a modified strategy. PR is also trying hard to over throw the government of the day. Anwar tried to convince 30 parliamentarians to cross over but failed. I believe in the initial days post GE12, BN tried hard to destabilize SSG but they failed. In Perak they succeeded in overthrowing the Perak government. It is my firm believes that the present Perak government is illegal. Did it happen during BERSIH 3.0 rally? I don’t think so. No one would be stupid enough to do such things especially when the election is around the corner. PR will not do it. In other words it is merely BN orchestrated propaganda.

• Now the RMP has said that they will investigate. I hope they will start their investigation by taking statements from the 3 former IGP’s. The RMP must establish how these retirees get their information and who told them about it. It there are no clear establish facts behind the statements than the RMP must charge the 3 ex-IGP for making false public statement with intention of destabilizing peace in this country. I welcome the RMP to conduct a professional and impartial investigation. Knowing the state of affairs of our enforcement agency, I have doubts that such desired investigation will take place. In any case, I am willing to offer them the benefit of doubt.

BERSIH: Did the Special Branch act as agitators?

• Increasingly, more evidence are surfacing on the Internet that the Special Branch played a role in instigating a riot. Pictures of familiar faces who are policeman amidst the BERSIH crowd shows that the dirty hands of the authorities played a role to discredit the BERSIH movement. It is time that people take a concerted effort in identifying this individuals and maintain their pictures on the net and demand the authorities to explain on why the SB acted in such manner?

• If you have any pictures of suspicious characters that you think are policeman, please email it to me or upload in this post. I will try load it up here (please note my limited IT skills in this aspect) and hopefully the public can identify the personalities and we shall publish their name and their unit.  This is the 21^st century; the public can also play the role of being an investigator. 

The day BERSIH becomes dirty!

• Since BERSIH 3.0 took place I have been talking to so many people and watch countless materials on YouTube. I felt I must state my position on the subject matter. This would include whether the event should take place and the happening of the event and the aftermath. One thing that is clear is that BERSIH has led a large trail of rubbish and destruction.

• Should BERSIH 3.0 take place? As part of any peaceful gathering, I think it should have been allowed. The authorities approach in the initial days has been disappointing. They should have approved it and recommended several sites immediately and not at the 11^th hour. Despite that, both parties should have exhausted all effort to ensure that a good outing takes place and both parties failed to do just that. It is the arrogance of both parties that led to such a simple thing being made complicated.  With 48 hours to go, the Stadium board and the authorities has offered Stadium Merdeka to be used. BERSIH rejection on the basis of inadequate time to inform the people is simply not acceptable. We lived in the era of mobile phones, tweeter, Internet, radio and television. It is never too late to ensure a peaceful gathering. If it has been agreed, than that all parties should have promoted the event at the stadium using all available channels.

• Stadium Merdeka is an important historical landmark. It should have been used for such a historical event. Merdeka was first shouted in the Stadium by Tunku and not at the Dataran. The Union Jack flag was lowered at the Banda Hilir field in Melaka the night before. The Union Jack was lowered for the final time and the Malayan flag hoisted for the first time at midnight on August 31, 1957. The field use to be owned by a private club and the Sultan Abdul Samad building was the remnant of the British administration office.

• A good event turns disastrous mainly because the political parties were involved. They should have been excluded. The following video showed how Anwar and Azmin had orchestrated the invasion of Dataran. I was appalled by what I saw. Despite his age, he has not shown maturity. Both are guilty. The authorities must make them accountable. BERSIH committee must take accountability of their action. They wanted the freedom to gathers; therefore they must face the consequences. They must do the right thing. BERSIH must apologies to the nation. The authorities must take action against people who attacked the police and damaged police and public properties. The police officers that had used excessive force should also face the music. Anwar and Azmin can deny  as much as they want but the video speaks volume

Added 1 May 2012

• I could not believe what ASTRO did. In this webbed world today, they think they can get away with doing such censorship. Obviously they are doing it under instructions.