Caning doesn’t deter illegals (Star)

The Malaysian Bar has already called for the abolition of whipping and corporal punishment...and it has been pointed yet again in the recent Star report that whipping is not a deterrent...

They come because there is work here -- and the real persons that should be targeted are the employers - not these persons who coming looking for work to support themselves and their families.

The law says that employers will also be whipped --- but are we not surprised that no employer has yet to be whipped. At the same time

Tuesday July 22, 2008 (Star Online)

Caning doesn’t deter illegals

KOTA KINABALU: As many as 4,326 illegal immigrants jailed, caned and deported have been found back in Sabah.

Sabah Immigration Department director Datuk Baharon Talib said some of them had been deported up to seven times but they keep coming back.

He said these immigrants who were rearrested between 2004 and June this year were found working at plantations, mills, workshops and restaurants.

Baharon, who was responding to calls for locals found guilty of employing illegal immigrants to be caned, said that there had been no caning imposed on employers.

However, he said several companies were charged or fined by the courts for not paying the levies.

Calls for more stringent action against those who employ illegal immigrants have been growing in the state.

Anwar's press statement in full (Malaysiakini)

Anwar's press statement in full

Jul 17, 08 3:38pm

MCPX The following is Anwar Ibrahim’s press statement providing his own account of what had transpired in the days leading to his arrest. On Saturday, July 12, 2008, the police came to my house to serve a Section 111 Criminal Procedure Code notice, harassing my family and demanding my presence at the IPK Kuala Lumpur (Federal Territories Police headquarters) at 2pm on Monday, July 14, despite an earlier agreement with my lawyers for me to come to the IPK. On the next day, Sunday, the police also served an ex-parte court order, prohibiting me from physically being within 5km from the Parliament on July 14. As you can see, my house and the IPK KL are within 5km radius from the Parliament building. The court order effectively put me under house arrest on Monday and at the same time prevented me from going to the IPK. On July 14, the presence of police personnel outside the compound of my house strengthened our suspicions that they would be prepared to arrest me as soon as I left the compound of my residence, on the pretext of me violating the court order. The issue here, is which order should I comply with, the ex-parte court order or the Section 111 notice from the police? On the same day, the police through the investigating officer, one DSP Jude Pereira wrote and faxed to my lawyer at about 1.06pm, informing that I was required to be present at the IPK KL on Wednesday, July 16 at 2pm to assist with the investigation. I conveyed my agreement to the appointment and it was communicated to the police through my solicitor, SN Nair and Partners via telephone and letter on the same day. On Wednesday, July 16, I was at the Anti-Corruption Agency (BPR) head office to record my statement pursuant to the police report lodged by me at IPK Shah Alam on July 1, against attorney-general Gani Patail and inspector general of police Musa Hassan for their involvement in the fabrication of evidence way back in 1998. To ensure that we will be able to attend the appointment with the police at 2pm, we cut short our statement at the BPR's office, and this fact was clearly conveyed to the BPR officers present. Ambushed by masked men At about 12.45pm, the investigating officer (IO), DSP Jude Pereira called Mr Nair to confirm about our attendance and Mr Nair confirmed that we would attend that 2pm appointment. We were about to have a quick lunch at my house before proceeding to the IPK. Five minutes later, we were ambushed by a team of masked and heavily-armed police personnel near my house. I was arrested and brought to the IPK. I cooperated fully with the police by giving my cautioned statement from 2.30pm to about 7.30pm. At this particular point, the IO and the other officers handling this case were doing their job professionally. I was then given assurances by assistant commissioner of police Razali and later senior assistant commissioner II Khor (through my lawyer) that I would be released on police bail on the same day. However, later on, upon my return from Kuala Lumpur General Hospital (HKL), the IO, DSP Jude Pereira informed me and my lawyers that I will be detained and put in the police lock-up overnight for the purpose of recording a further statement in the morning. I and my lawyers protested, giving our undertaking that we will be back anytime required by the police to continue with the recording of the statement, and there was no need for me to be detained overnight, and that I should be released on police bail. The police, through the IO were adamant that I should be detained and put in the police lock-up overnight, despite them knowing about my physical condition. I had to spend the night sleeping on a cold cement floor, which aggravated my back injury which was due to the beating I received from the then IGP, Tan Sri Rahim Nor on Sept 20, 1998. This morning, after a short statement that was recorded for about 30 minutes, I was released on police bail. I was in pain and had to immediately receive some medical treatment upon my return home. CID chief tells blatant lie I now wish to deal with the statement of the Criminal Investigation Department (CID) director, Mohd Bakri Mohd Zinin as appeared in Utusan Malaysia today, inter alia "Pasukan khas bertopeng polis terpaksa memintas kenderaan DSAI di Bukit Segambut di sini dan menahan Anwar ekoran tindakan Penasihat PKR itu mengubah haluan kenderaannya pada saat-saat tempoh yang diberi kepadanya untuk menyerah diri kepada polis pada pukul 2 petang ini hampir berakhir." This is a blatant lie from the CID director to cover up their shameful act of abuse of police powers. I have given the assurances and had just informed the IO five minutes before the disgraceful ambush by the police through my lawyer who was with me in the same car. In addition to the above, Deputy Home Minister Wan Farid said, as reported in Star Online that, I "went voluntarily to the police car without any incident." Again, this is also a blatant lie by the government. I take to task the IGP for this abuse of police power against me through the events I've narrated above. It appears that the events of the last few days, the nature of my unwarranted arrest, my overnight incarceration which was actually absolutely unnecessary, were an act of personal vengeance against me in retaliation to the reports I lodged earlier against him, which are now being investigated by the ACA. Why I refused to give my DNA I have reasonable grounds for having no confidence in the system. In the course of the trial of the false allegations of sodomy in 1998, DNA evidence was fabricated and used against me. The persons responsible for the fabrication then were the IGP, SAC Rodwan and the AG, are new key players in this investigation. Until now, I have been denied access to the police report made by the accuser against me. My accuser is still under police protection and as such, any fabrication is possible if they take my DNA. My decision to refuse a DNA test is taken through advice of my lawyers and DNA experts, both local and overseas. Anwar Ibrahim July 16, 2008

62 under ISA as of 30/6/2008

What a load of crap -- Detention Without Trial is geared towards rehabilitation not punishment...

First, give them an open trial - and find them guilty first, then talk about punishment or rehabilitation...

62 being held under ISA


Friday July 11, 2008

Detainees undergo rehab programme

DETENTION under the Internal Security Act (ISA) is geared more towards rehabilitation rather than criminal punishment.

Home Minister Datuk Seri Syed Hamid Albar told M. Manogaran (DAP – Teluk Intan) that ISA detainees would be rehabilitated in regard to their extremist beliefs and actions, which could threaten national security.

“Those held under the ISA will undergo a rehabilitation programme at their place of detention.

“If a detainee has been considered to be rehabilitated and no longer poses any danger to the country, he or she will be released,” he said in a written reply.

Syed Hamid said that as of June 30, there were 62 detainees held for involvement in various activities.

“Forty-two people were held for militant violence, six for falsifying documents, one for human trafficking, nine for gathering information for foreign intelligence agencies and five for Hindraf activities.

“However, we cannot provide a full list of ISA detainees with their background and offences at present due to security factor,” he said.

Manogaran had asked for a full list of ISA detainees and whether the Government provided their family members with financial assistance during their period of detention.

Syed Hamid said ISA detainees could also refer to the Social Welfare Department nearby to ensure their family members received assistance.

“Based on records at the Taiping detention centre, 28 people held under ISA there have submitted applications for financial assistance for their families.

“Of this, 17 detainees have had their applications approved and their families have received financial assistance from the district social welfare office as well as the Islamic relief agency Baitumal where they reside.

There were still six applications for financial assistance, which had yet to be considered by the department.

“Besides financial assistance, the department will also consider aid for education and health,” Syed Hamid said.

Immigration DG released on bail (Star)

Monday July 14, 2008 MYT 7:16:13 PM(Star)

Immigration DG released on bail

PUTRAJAYA: Immigration Department director-general Datuk Abdul Wahid Md Don, remanded last Friday over an Anti Corruption Agency (ACA) investigation into the issuance of visas for foreign workers, was released on bail on Monday. He was brought before Magistrate Mazuliana Abdul Rashid of the Kajang Magistrate's Court here who released him on an ACA bail of RM150,000 with two sureties, Bernama reported.

Handcuffed and escorted by three ACA officers, Wahid arrived at the court at 11am and was released 10 minutes later. Speaking briefly to reporters he said: "The ACA officers carried out their task courteously and professionally. I don't intend to comment further. Let the court decide on the case."

The ACA had so far arrested nine people over the case and the agency's director-general Datuk Seri Panglima Ahmad Said Hamdan has been quoted as saying that more people are expected to be arrested.

MADPET:- THERE SHOULD BE NO HARRASSMENT OF LAWYERS IN MALAYSIA - Investigate Allegations Of Police/Prosecutors Suppressing Of Evidence-

MEDIA STATEMENT – 11/7/2008

THERE SHOULD BE NO HARRASSMENT OF LAWYERS IN MALAYSIA

- Investigate Allegations Of Police/Prosecutors Suppressing Of Evidence-

MADPET (Malaysians Against Death Penalty and Torture) is concerned by the fact that the police has send a letter requiring lawyer N. Surendran, a Malaysian who is against Death Penalty and Torture, to meet the police concerning allegedly investigation into the statutory declaration/s made by private investigator P. Balasubramaniam.

On 3/7/2008, P Balasubramaniam made known a statutory declaration he had made allegedly on 1/7/2008 that linked Deputy Prime Minister Najib Razak to murdered Mongolian woman Altantuya Shaariibuu.

More disturbing was the allegation contained in paragraph 49 of this Declaration, being that the police had caused to be left out certain matters he had told them in the statement he was finally asked to sign. “I told them all I knew including everything Abdul Razak Baginda and Aminah had told me about their relationships with Najib Razak but when I came to sign my statement, these details had been left out…”

MADPET is also concerned about the allegation contained in paragraph 50, that the prosecution may have intentionally or otherwise failed to ask questions that will cause the name and/or involvement of Najib Razak to be disclosed. “…The prosecutor did not ask me any questions in respect of Aminah’s relationship with Najib Razak or of the phone call I received from DSP Musa Safri, whom I believe was the ADC for Najib Razak and/or his wife…”

Prosecutors do and must have the duty to disclosure all facts to ensure that justice be done, more so in a murder case where a finding of guilt would result in the death penalty. Leave it to the judge to decide on the importance or relevance of facts and evidence, when he decides on the guilt or innocence of the accused.

On 4/7/2008, the following day, there was another media conference and a 2^nd Statutory Declaration was disclosed, and this new declaration not only revoked the 1^st Statutory Declaration, but also did go further to specifically revoke references to Najib Razak’s involvement. It was also reported that allegation was made that the 1^st Declaration was made under duress.

Thereafter, allegedly P. Balasubramaniam and his family disappeared.

On 5/7/2008, R. Kumaresan, the nephew of that now ‘infamous’ private investigator P. Balasubramaniam, accompanied by his lawyer N. Surendran, made a report that his uncle and family had gone missing.

Mr Surendran did today receive a letter from the police requiring his presence on 12/7/2008 (Saturday) at 3pm at Tingkat 6, Blok G, Unit Siasatan Jenayah Siber & Multimedia, Jabatan Siasatan Jenayah Komersil (Commercial Crime Investigation Department), Jalan Dato Onn, 50560 Kuala Lumpur (Tel: 03-26163822). The letter was dated 11/7/2008, and was signed by one ASP Abdul Halid bin Hj Ludin, Pegawai Penyiasat (Investigating Officer).

The letter, that was issued under section 111 Criminal Procedure Code, states that the case being investigated is classified under section 199 Penal Code (False statement made in any declaration which is by law receivable evidence) with regard to a false statement made in a Statutory Declaration – referring to Dang Wangi Rpt: 23402/08.

On the face of it, there is no justification for the calling of Mr Surendran with regard to this particular investigation.

Firstly, N. Surendran is merely the lawyer of the nephew, concerned only about his uncle and family when they went missing.

Further, N Surendran is the lawyer of R. Kumaresan, and is bound by solicitor-client privilege, which means that a lawyer cannot be compelled to disclose legitimate communications, whether oral or written, passing directly between him and his client. This means that he would also not be able to disclose anything that transpired between him and his client.

MADPET is concerned that this may be yet another case of harassment of a lawyer, and this is unacceptable

We recall the Malaysian Bar Resolution that passed at an Emergency General Meeting on 10/10/1998, which saw the attendance of over 2,400 lawyers, that clear states that lawyers “…be allowed to carry out their duties freely without any harassment, hindrance or restraint by the Authorities...”

MADPET urge that lawyers in Malaysia, including Mr Surendran, be allowed carry out their functions without fear or favour and completely free from any sort of harassment, threats or retaliation from the government.

MADPET also calls for the immediate investigation into the allegations that have been made against the police and the prosecutors, who allegedly suppressed that part of the truth that implicated involvement of the Deputy Prime Minister.

Charles Hector

for Malaysians Against Death Penalty and Torture (MADPET)

11th July 2008

Hanging Judge Ahmad Maarop sentence couple to death

When will it all end - and Malaysia abolishes the death penalty. Sentence them to life imprisonment, if need be, but not to be hanged.

Malaysia has ratified the Child Rights Convention - and surely the passing of a sentence of death is not in the "paramount interest of the child". So, this judge delayed the hanging until served their 15 years in jail.

Are they really the drug traffickers or just some fools who were asked to carry a package from one destination to another.

With the rise of cost of living - many may be forced to resort to these little tasks for some extra money, not really knowing what they are carrying most of the time. And Malaysia will send them to their death...

Thursday July 3, 2008 MYT 7:47:48 PM

Couple sentenced to death for trafficking heroin

By R.S.N. MURALI

KUALA TERENGGANU: A couple with four children, three of whom are below 16 years, was sentenced to death by the High Court hereThursday for heroin trafficking five years ago.

High Court Justice Ahmad Maarop also convicted them of possession of the narcotic and sentenced them to 15 years to jail, from their date of arrest in 2003, which they are to serve before their execution.

Justice Ahmad, now a Court of Appeal Justice, however, granted them a stay on the death sentence pending an appeal.

Azaha Abd Rani, 49, and his wife Zainun Mohd Noor, 42, both from Kelantan, were composed and unfazed when Justice Ahmad Maarop read out the verdict.

However, Azaha grasped his wife 's left hand when leaving the dock after the sentencing.

“Based on our country’s law, it is a mandatory death sentence for those convicted of drug trafficking and it’s our (court) responsibility to mete out the death penalty,” said Justice Ahmad.

The court also noted that Azaha, a taxi driver, had given a sworn statement while Zainun chose to remain silent without calling any witnesses in her defence.

The couple were charged under Section 39B (1)(a) of the Dangerous Drugs Act and Section 12 (2) of the same act for trafficking and being in possession of heroin, respectively.

They were convicted of distributing 12.25g of heroin on December 7, 2003, in front of BP petrol kiosk in Kampung Jabi, Besut.

They were also convicted of being in possession of 9.57g of heroin on the same date, time and area. Earlier in mitigation, defence counsel Aziz Derasi appealed to the court for a lighter sentence in viewof the fact that the offence was their first and they were parents to four children aged 24 years, 15 years, 11 years, and nine years.

But the Deputy Public Prosecutor Othman Abdullah argued that there was only one sentence reserved for cases under Section 39B and that was the death penalty.