Tax Payer's Money, Loss, Allegations-Solutions through the RULE OF LAW(Part 1)

Having missed blogging for a couple of months, I notice that the nation is once again engulfed with serious issues affecting it's credibility in the international arena. The issues of vast spending by the government, the lost of 1 and/or 2 RM 50 million each F-5E Tiger Engine, problem of misuse of power by the authorities and the issue of racism in the syllabus of BTN(National Civic Course). The first part of this article shall deal with the issues of lost of F-5E Tiger jet engines and the alleged loss of RM 100 billion during the tenure of Tun Mahathir's time.

Remember the heist of Grik Military camps and resulted in clashes between military personnel and Police force at Sauk village somewhere near 1999. Those were the days where we could see the lax in security of the armed forces resulting in easy access to military camps and weapons were easily smuggled out by some bogus army commanders. Eventually, some of these "terrorist" were arrested and were sentenced either to life imprisonment or hang to death for waging war against the Yang di-Pertuan Agong. Much had been said then of the need to overhaul the security of military camps as to avoid similar incidents from taking place. Peaceful situations doesn't seem to last more than a decade. Lately, Malaysia is once again rocked by some splendid issue of having lost 2 F-5E reconnaissance jet engines worth approximately RM 50 million each.

It was surprising as unlike rifles which is compact and "car-fitable", jet engine is a huge and large tangible item which can only be carried by at least a truck. How could something as huge as that be able to pass through the security post of the air force base camp and thereafter to Port Klang and to a South American country(possibly Argentina) undetected in 2007? It would seem that it was indeed a well planned act and whatever plan it is the camouflage activity was indeed successful. Only now did they release the fact that they have lost 2 engines after 2 years. CLANDESTINE shipping of engines like this should be in the transcript of the next James Bond movie.

I do laud the proposal by the Attorney-General that a thorough investigation is needed as to uncover those responsible for the selling of the engines as it's part of the RULE OF LAW. Personally, I think the incident could be equated to that of SAUK and these people responsible should be sentenced to death or life imprisonment(as according to the law of Malaysia) as it amounts to treason. RM 100 million belongs to the people. This amounts to betraying the public by siphoning of the money and deprive people of development of what RM 100 million could bring about. Secondly, the act has incapacitated at least to a certain extent(recognizances perhaps) the ability of our Air Force to prepare for any eventualities and thus exposing us to the vulnerability of our country being defenseless. No one should be spared. Peanuts, big fish, "taikor" or even high ranking military personnel and perhaps politicians(IF involved) should be brought to justice if there is/are evidence of acts against the law of the country and JUSTICE in such HIGH PROFILE case should be swift as it has been 2 years since the engines were found to have disappeared and sentences should be melted out in accordance to all the evidence being tendered for conviction and defence.

If RM 100 million seems a lot to most of us,what about RM 100 BILLION reported in the book by Barry Wain. As there seems to be a possible legal dispute on the authenticity of the information, I would refrain myself from making specific allegations which had yet to be determined. RM 100 billion is a huge amount of money which could be used to upgrade University Malaya to be the next National University of Singapore perhaps and better developments in other states in Malaysia. Even PTPTN loans could be waived with that amount. While we understand that prior administration had demonstrated the need to invest and roll for money from money(it's the normal practice in a capitalist society), the question would be how such an amount of money had been spent, was it spent with the rakyat's interest in mine or was it spend with mala fide intention. Perhaps, the better way is by asking a ROYAL COMMISSION to uncover the truth. NEUTRALITY is very much need to answer questions such as where was it spent, why was it spent? how much was spent? If loss, why loss? and neutrality could only come when analyzing evidence by parties which had no self-interest and no favour owed to either Barry Wain or Tun Mahathir.

Thus,justice through neutrality could only come when Tun Mahathir is allowed to tender in evidence to support his innocence and at the same time, Mr Barry Wain ought to release relevant documents pertaining to that allegation in order to support his allegations made and thereafter have the whole scenario interpreted NEUTRALLY. I have always promulgated for "justice through law" concept and not "justice by hearsay". Sole purpose, KEEP RAKYAT informed because this is not anyone's country, not BN's country, not PAKATAN's country but a country for MALAYSIANS and for this we have every right to know what happened to our hard earned money being spent by the then ruling government. Yes, Tun Mahathir has every right to sue for defamation if the information is not true but he should be at no reason not to be responsible if a neutral body could see that the money was used unwisely during his tenure as prime minister.

As usual, I support no one but justice. Justice would only work with evidence and Justice should know no boundaries, no background recognition, no political background influence and most of all swift and efficient when it comes to enforcement, trial and conviction. Non of these, i.e swiftness-evidence-enforcement-trial and enforcement could be separated. Any allegations should be backed up with evidence be it to substantiate or defend the allegations.

INJUSTICE TO RAKYAT IS WHEN RAKYAT IS BEING DEPRAVED OF THE RIGHTS TO ENJOY THE MONEY THEY HAVE CONTRIBUTED TO THE NATION- JUSTICE SHOULD BE DELIVERED BY PENALISING INDIVIDUALS OR ORGANISATION FOR ANY UNWISELY SPENT MONEY,

The Caotic Situation- What went wrong? A new course?

31st of August like every year came and left . People of the past, especially freedom fighters would see this inaugural day as the day where the people of Malaya is being given the opportunity to rule their own country and decide their own course of destiny. How do we see Malaysia after 52 years of independence? Do we just see it as just another public holiday or do we commemorate the hard earned independence?

Personally, I see it as a day where we celebrate our ability to decide our own destiny without the interference of others. The day, we march and celebrate the victory of our armed forces and politicians in garnering support from the British to grant us independence. The next thing, I thought on this faithful day was, what is the future ahead of us?

It reminded me of a Petronas advertisement in the year 2007. That advertisement which shows a man who was given an engine and basically almost all kinds of assistance by a good samaritan to build a sampan with an engine. However, the ship sunk before the engine was being installed as the quality of wooden planks used was not of sufficient quality and had resulted the ship to sink. It was indeed a bold advertisement by reminding all Malaysians from my perspective that if we Malaysians are not competitive and are ignorant in maintaining a certain quality among ourselfs, independence would be useless.

True enough, Malaysia today has achieved much with the erection of Kuala Lumpur International Airport, Sepang F1 circuit, Petronas Twin Tower in the center of Kuala Lumpur and other modes of infrastructure came by after decades of development. We were once labelled as the Asian Tiger in economy. We manage to make our critics eat their own words by putting our differences aside and maintain a multi-racial the country.

Today, in the year 2009, it's a different story, like in previous articles in my blog, we can no longer deny that after the 2008 general election, Malaysia seems to have swayed from it's actual cause, political stability seems to be in a wobbly condition. I was rather surprised to see the situation that we are in. What caused Malaysia to be in such a sadden situation? Was it because of the system? The extra-ordinary speed of progress that we are in? The mentality of our people or perhaps all of it? We have witness the fight for popularism among politicians through by-elections, it is through this, perhaps, the political stability of our country is at our all time low as compared to our glory days.Lately, another by-elections just took place, supporters of both the ruling government and the opposition are once again involved in a tussle and have resulted the police to step in to maintain order and peace.

The death of Teoh Beng Hock also signifies a lack of quality and transparency among Malaysian law agencies. What would happen to Malaysia if the agencies mandated to safeguard our rights and safety turns out to be the one betraying our lives and rights? Things are not conclusive though since an Inquest is taking place and a Royal Commission of Inquiry is taking place at the moment this issue is bring written, but one thing is for sure, a smear image have been portrayed to the people that the agency is unreliable. If these were to persist, things would look really bad for Malaysia in terms of economy and the rest of the issues.Perhaps the inquest and inquiry should be expedited as to enable the country to have an image reliable agency as that of ICAC and the Hong Kong Police. Otherwise, the good deeds done by these agencies will always be shadowed by the negative persona that the public has towards our law agencies.

The heavily politicized issue of Kampung Buah Pala shows how disunited we Malaysians are in seeing things. Yes, we are entitled to our personal opinions. However, when things go out of hand when it comes to an articulation of opinions, it would be bad not just to the people of a particular constituency or state but also to the country as large as it reflects the effectiveness of our democracy system. The system which is good should be maintain by not just the government but by the people as a whole as well. These individuals should not just be concerned about their own personal agendas, instead taking into consideration of the need of the society as a whole by making reasonable and responsible critics would enable a progressive and a problem solving society.

The maturity of political scene of the Great Britain(similarity in Westminster style of democracy) should perhaps be emulated by all Malaysian politicians. Parliamentarians in United Kingdom irrespective of parties would give credit to proposals which benefits the people and would discredit proposals which to them would do more harm than good. Responsibility and impartiality in the practice of democracy is what transpired the Great Britain to be a fantastic nation. Perhaps we should learn from the people of Great Britain or United States by having a stable and a more mature political scene should be seen. If the people of Malaysia could have an impartial stand when it comes to political view, It would be sure that Malaysia will be a developed nation in no time as only the best policies will be adopted.

It further saddens me when we refer to news of the MCA stuggle between Datuk Seri Chua Soi Lek and Datuk Seri Ong Tee Keat that the party representing the Chinese Community is in a state of dilemma(interpretation is mine). If the ruling party is having an internal dispute, how could a country be governed properly? Let's face the fact that as a human being, we can't put in a 100% commitment to 2 or more things befalling us at the same time. As a Minister and President of MCA, how could the people benefit when there is an need to split up ample time for ministerial duty and the time for solving party issues properly .The decision of the majority should be respected. Only when leaders and subordinate members respect democracy will democracy work perfectly in a society or a party.

It is easy for us to take things for granted especially since we are living in a bless country where food is easily reachable, ample opportunities to progress and other amenities easily within reach but least we remember that whatever we do, the country should be given priority in whatever we pursue. This sentence is not meant for just politicians but to every Malaysian since only a moderate criticism and an impartial society when it comes to economy, politics and other proposals could our country progress. Never should the country be placed in a situation where people would feel insecure of their rights, prospect because of bad image on the administration of government.

The Malaysian Dilemma

Malaysia has always been a country full of surprises. Never had our country failed to generate suspense to the international community. Our forefathers fought for independence without thinking much of a country achieving this well. We have a state of the art facilities in the hearts of Kuala Lumpur, well balanced development on other major cities and above all, a united and a peaceful community comprising of multi ethnics and religion.

When, the incident of May 13 happened in 1969, speculations were that Malaysia (or the then Malaya) would just be another failed nation. A nation filled with hatred and unstoppable civil unrest which might last for decades. We proved them wrong.For the past 30-40 years, Malaysia grew stronger and more competent in terms of economy and strength. The country transformed into an industrialized nation and was once labelled as one of the ASIAN TIGERS. We were on par with Hong Kong, Singapore and to a certain extent Japan and South Korea. When we were hit hard by the 1997 Asian financial crisis, we manage to ride through the storm without suffering any serious drawbacks to our economy.

Well, to be honest, those were the prime time of Malaysia. Lately, I believe most Malaysians would be thinking if they have a future here in Malaysia especially, the Non-Malay communities. I have always believed that when it comes to economy, wealth distribution should always be fair and just. Giving chances and opportunities to the poor would be the wise move but distributing it to a particular race on grounds that the majority of that particular race is poor is unacceptable. As a citizen of Malaysia, what we hope for is a place to call home. A place where we can have ample opportunities to explore our talents to the best we could. A place where the intrinsic labellings of 2nd class/3rd class citizens should not exist.

Having been a country of it's own for 52 years, Malaysia should be able to give it's people a sense of security, a sense of belonging and a sense of owning. It is unfortunate to say that at times, most of these do not exist in our state of mind. We keep on wondering, would another untoward racial incident happened? Could we brace through the current economical storm? Would all these politicking affect our day to day life? It seems these are now our day to day question.

First things first, on issues pertaining to race and religion, it is disturbing to notice in the dailies lately that racial integration is again an issue. For instance, marching with a cow's head to protest the construction of a Hindu Temple. Although, everyone has their freedom to voice whatever dissatisfaction one have but such articulation should be done moderately. Everything with regards to religion would be a fragile matter here in Malaysia. These irresponsible act is giving the Hindu believers a sense of unsecured here in Malaysia.

If we were to look into the press lately, the manipulation of religion for the sake of political benefits seems to be so widespread that even canning of Kartika Dewi, the model sentenced to 6 strokes of Syariah Canning. The people of the society should respect the RULE OF LAW where, it was constitutionally enacted that Muslim could be sentenced to whipping if they are found drinking alcohol. Therefore, I don't see the point of people making a fuzz out of this case since the law provides for it. Furthermore, if the society consider this a primitive or a law which violates the human rights of Kartika Dewi and other Mulim women, probably a PROPER channel to voice such discontent would be through the legislatures which at the end of the day could have it voiced or debated in the parliament. Excessive rumours and speculations in the scoiety pertaining to Islamic Law could affect the tranquility of the society as the perception that Malaysia is moving towards a secular country would be hazardous to the people of Malaysia and investors.

On the issue of economy, perhaps this would be Malaysians top concern when it comes to the Malaysian Dilemma. Of Late, the country seem to have lost the momentum in drawing investors in or at least the portrayal of the economy is. With excessive politicking taking place here in Malaysia, it is a very natural thing for Malaysians and foreign investors to think that Malaysia is a political unstable country and with such an image being portrayed, it's just natural that the economy would slump. The was made worst as what had been reported in the dailies lately. CIVIL UNREST in the government camps. It would be hypocrite of politicians to say that it will not to the least affect their duty as a Member of a Parliament and their ministerial duty which governs the security, economy and the "heath" of Malaysia.

The rulling coalition should settle their current state of affairs issue as soon as possible. The issue of Extraordinary General Meeting on the MCA pact, the issue of who should be the President of PPP, the current politics within the MIC pact clearly would affect the performance of the country as ministers are appointed from these parties. How could we as Malaysians expect, a climb in financial position when the elected politicians are not interested in running the country but are more interested in protecting their positions in a political party? Even the opposition should do their part by contributing to the nation in this time of need by resolving issues which was allegedly wrong. For instance, Kampung Buah Pala. Perhaps, there is a basis for people to think there is a wrong in the handling of that piece of land. The Chief Minister instead of just pointing fingers to the previous administration should perhaps have it discussed with the federal government and provide a solution to the residents of Kampung Buah Pala.

With the death of Teo Beng Hock, the government agencies are not subjected to scrutiny on their effectiveness in serving the people. Never should major government agencies be perceived as a tool to any political party or as an agency which oppresses the freedom and rights of witnesses or accused. With reference to Hong Kong SAR, the people of Hong Kong could enjoy substantial amount of stability and tranquility would be because their government servants expecially the ICAC and the HONG KONG POLICE are serving the people to the best they could. Malaysia should imitate the effectiveness of this special administration country by making the MACC a complete independent body, An Independent Commission for Police Complaints to nab the rotten apples within the force and provide Malaysians with a sense of confidence to these 2 important agencies.

Malaysia has gone a long way to achieve what we have today, never should petty issues such as the above affect our way of looking at our country. If we need to move forward, 1 Malaysia concept should be more than just rhetoric and colour of skin should never be an issue.Whether you are a Chinese, an Indian, A Malay, A Kadazan,Dayak and others, you deserve to be labelled as MALAYSIANS and are entitled to the same rights and status. Happy Merdeka Malaysia and May God bless this wonderful nation.

The Truth must be Uncovered.

The whole country was brought to a state of aghast when the news of the late Teoh Beng Hock was found dead at the MACC office in Selangor. The cause of death was said to be as a result of multiple injuries caused to the deceased due to a fall from the 14th floor. Much has been said about the incident. Be it politic or the way the deceased died.

In response to the much anticipated truth by the public, Our Prime Minister Dato' Seri Najib bin Razak announced the setting up of a Royal Commission and an Inquest to be lead by a Magistrate to determine the interrogation procedure by the Malaysian Anti Corruption Commission and the cause of death of the late Teoh Beng Hock. However, some, especially the family of the late deceased insist that the power of the Royal Commission should be expanded to the findings of the cause of death. Would this be the proper solution.

Indeed, I do agree with the point of view given by the Attorney General that there is a provision under the Criminal Procedure Code which says that an inquest could be set up to inquire to the cause of death. Thus, according to the law, everything is in order. A Royal Commission to investigate MACC's Protocol and an inquest as to the death of Teoh Beng Hock but the government as always seems to have left out one thing. The need of the people. THE NEED OF THE PEOPLE THAT HAS BEEN VOICED OUT THROUGH THE CONCEPT OF DEMOCRACY.

There is nothing wrong by expanding the power of the Royal Commission to inquire to the death of the deceased. Indeed, the Royal Commission as always has been famous for it's impartiality and neutral stand when it comes to the finding of truth. The Lingam case seems to have shown it all. The finding that corruption might be present in the judiciary and the recommendation made to the police force and the investigation as to the cause of the collapse of the Penang Ferry Passenger bridge have all shown a tremendous record of investigation by the royal commission. This is the reason why people would like to have the royal commission to be the sole organisation having the power to inquire to the overall situation

The judiciary might have tried it's very best to rebound it's image among the members of the public that they are not to side anyone when it comes to judgement or imposition of justice. However, the wound caused by the 1988 seems to be so deep that the confident of the members of the public towards the judiciary have yet to even reached the minimum line of satisfaction. In this case, although an inquest might come out with a decision on the cause of death that is fair and impartial but yet people might still criticize the decision by saying that the judiciary is a tool for certain political parties or etc.

Therefore, by take the risk of subjecting the judiciary and the MACC from such scandalizing statements when a simple act of calling for an inquest for all issues to be conducted by Royal Commission could solve everything. Yes, it is true that as a layman, we might not understand genuinely the issues engulfing leaders but from the perspective of a layman, this would seem the better way to save the judiciary from further being scandalize.

When the MACC Bill was drafted. If I am not mistaken, the Deputy Director of the world Renowned corruption fighting agency of Hong Kong namely ICAC was said to have complimented the MACC Bill saying that the Commission have more transparency, independence as compared to the ICAC. WIth such remarkable statement being made by a leader of the world's most respected organisation, MACC was suppose to be the best organisation in the heart of the people. However, things seem to have taken a drastic twist with this untoward incident.

In line with this, unlike other incidents where the implementations of the findings of the Royal Commission could be delayed and postponed, MACC can't afford this. If deferment is allowed, not only MACC will suffer, every other governmental organisation including the efficiency of the royal commission will be aaffected as well. The people will not have faith on any governmental organisations to ensure justice prevails. People would no longer believe in the existence of the concept of separation of power in Malaysia and if we as the citizen of Malaysia could not trust our own government, can we expect others to accept Malaysia's organisations. I doubt.

As a conclusion, the people's point of view must always be respected as to us, our aim is simple, we want justice to prevail at all cost. We believe in transparency and we hope for an independent body to investigate every cause of action independently. The 1st move, restore faith of the members of the public on our judiciary, law enforcement units by explaining and convince us on why an inquest was called for to determine the cause of death of Teoh Beng Hock instead of just handing in such power to the Royal Commission. At the end of the day. JUSTICE AND THE TRUTH MUST PREVAIL.

Aftermath:- What must be Done?

Lately with 2 back to back construction incident in Malaysia, It is imperative that immediate actions are taken as to avoid any further mishaps from happening. A demolition error caused the death of at least 2 Indonesian lives. Although the second incident had zero death toll but it must be remembered that it was mere luck that it did not happen.

The 1st incident involved a demolition work at a Jaya Shopping Centre at Section 14, Petaling Jaya on 28.05.2009. The demolition work was for the purpose of making way for re-development on the 35 years piece of land to provide a more modern and conducive shopping environment to shoppers. A demolition foul-up resulted in a few being trapped and 2 confirmed death. While it was an accident, it must be noted that the chances for force majeure( act of god) to have resulted it to happen is slim and one could draw a conclusion that human error might have taken place.

The 2nd accident was more tragic and surprising in nature. The roof of the Sultan Mizan Zainal Abidin Stadium in Gong Badak , Terengganu used in the previous SUKMA 2008 collapsed and although no lives were claimed, almost every Malaysians would be curious to know what happened to the roof structure that have been erected for only a year and a half by most and people wonder if the rest of the stadiums erected would be safe for usage especially stadiums are already 5-10 years old.

What happened within the structure is not for me to speculate as I am not an expert in civil engineering. Therefore, I would leave it for the experts to determine the cause of the incident. My main concern would be the quality of checks conducted by the Public Works Department and if there are any elements of foul play in between. I must say that when it comes to building structures, error is not an option. Every minor details of a building structure especially buildings which is meant to serve multiple people at one particular time,should be meticulously checked and rechecked to ensure that the building is 100% safe to be occupied.

Whenever such mishaps take place, relevant authorities should move into action as soon as it happens. Departments such as the Public Work Department, The Malaysian Anti Corruption Commission, The Commercial Crime Department of the Malaysia Royal Police Department should work hand in hand to determine the cause of it. For such serious accidents, human error must have occurred during the construction and these human errors be it criminal or error must be treated seriously in the eyes of the law. If the element of corruption exist, these malpractice contractors and immoral civil servants must be booked and if negligence were to be the main cause, the law would still have to play it's role to prevent future recurrence.

As an outsider with regards to this incident, It must be noted that all current existing buildings must be inspected again especially heavily congested buildings and the ones erected hastily as to be used for occasions like the current stadium rushed for SUKMA 2008. This is necessary as to regain the confidence of the people to the safe occupancy of the existing buildings as entering a building is almost a must do activity everyday. People must not live in fear and thus, the question or quetions synonymous to " will I die in this building?" must be removed from the minds of every Malaysians. Whenever we propose a method to regain the trust of the people, it must be conducted swiftly and as reported in the New Straits Times on 04.06.2009 that the Public Works Department was told of the defects a year ago. Probably measures must have taken butif it were to be conducted faster, the RM 292 million dollar stadium's roof might have been spared from collapsing.

With so many possibilities as to what might have taken place, it must be remembered that regaining the trust of the people and the assurance of public buildings must rank equivalent to the much needed investigation to what had happenedas an investigation will inform people what went wrong and bring the relevant parties to justice but a checking on existing buildings would prevent any sacrifice of lives which is priceles in nature.

When the purpose and application of the law is Unclear

This article would serve as to enlighten viewers that although Malaysia abides by the rule of law concept, there are still rooms which improvements as some parts of the law in particular the Police Act 1967 and the Internal Security Act which has seem some bad impressions being given to them due to the loosely worded sentences and as a result fail to gain the respect of people to the supremacy of these enacted provisions. I would thereafter propose

As a former colony of the Great Britain, we adopted the rule of law concept whereby the law is the supreme framework which governs the day to day administrative of the government and serves as a guidance as to what and what should not be done by an individual as how it is provided under the Federal Constitution. The respect for law means the state and both the people will have to comply with what had been passed by the legislative assembly or the parliament at the national level. However, if any of the law enacted is unclear as to the application or perhaps the presence of an enormous amount of criticism and speculations as to the purpose of the enactment would jeopardise the respect of people towards the law. In Malaysia, it is quite unfortunate that such scenario is indeed taking place.

Much had been said lately on the arrest of the 5 lawyers from the legal aid centre by the Malaysia Royal Police of Brickfields when these people were accused to have violated Section 27 (3) and (4) and (5) of the Police Act 1967 states the following:-

(3) :-"Any police officer may stop any assembly, meeting or procession in respect of which a licence has not been issued or having been issued was subsequently cancelled under subsection"

(4) :- "Any person who disobeys any order given under the provisions of subsection (1) or subsection (3) shall be guilty of an offence.

(5) :- "Any assembly, meeting or procession-

(a) which takes place without a licence issued under subsection (2); or

(b) in which three or more persons taking part neglect or refuse to obey any order given under the provisions of subsection (1) or subsection (3),

shall be deemed to be an unlawful assembly, and all persons attending, found at or taking part in such assembly, meeting or procession and, in the case of an assembly, meeting or procession for which no licence has been issued, all persons taking part or concerned in convening, collecting or directing such assembly, meeting or procession, shall be guilty of an offence."

Although much power is being granted to detain individuals participating in an illegal assembly and certainly it is logical for the police to be granted such a rights since illegal assembly would cause caos and affect the tranquility of the area involved and if not contained through any legislation, the threat would spread to probably a national problem. However, although power ought to be given to be utilised by the relevant authorities during emergencies, loosely worded legal sentences would result in drawbacks to the rights of the people. The word "assembly" or "meeting" in Section 27 is not clearly defined and for this, would a mamak stall gathering by youngsters be labelled as illegal gathering or would lawyers gathering in a court room while waiting for their case to be mentioned be considered as illegal assembly as well.

The usages of law in unspecified scenarios under the Police Act 1967 were demonstrated on May 7th when 5 lawyers waiting to defend their clients after being denied access to their client was detained for allegedly being involved in an illegal assembly. Speaking with a liberal perspective, although the earlier candlelight gathering could be labelled as illegal assembly, the detainment of these 5 lawyers cannot be justified either way be it legal or on moral grounds. What they were doing were merely waiting to be granted access to their client. The question to everyone would be, Is the act of these 5 lawyers wrong?

Power granted must be specific, clear and to the benefits of the people at large. Never should legislative provisions grant too much power to any organisation or person by reason of loosely worded laws. Another instances would be the Internal Security Act or better known as ISA. The purpose of ISA was initially meant to detain any Communist suspects threatening the peace of the then Malaya in the 60's and 70's and Malaysia after the founding of It up until 1989. Today, ISA is still being in force but criticism seems to have come alongside. Although, it's relevancy is still needed needed as demonstated in the detain and arrest of Mas Selamat; the most wanted terrorist suspect in South East Asia, some detainments are speculative and questionable in nature.

The reason would be the unclear definition in the act as to what is the specific meaning of "security" under Section 8 of the Internal Security Act 1960 which says:-

"If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years"

When such uncertainty as to the application of law the people would relate any detainment under ISA to political motives or any other reasons. In this situation, by relating to my previous aricles, it boils down to one thing again, namely . IMAGE!!!!!! and it's about time for all law makers to realise the importance of this. With the speculated needed amentment to the the ISA, the ruling government must acknowledge the fact that there are some wordings of the law which requires scrutinization as to limit the power of the relevant authorities while performing their law according to the provided law. For instance, ISA usages could be or proposed to be limited to only armed or proposed armed attacks towards the nation or the Yang DiPertuan Agong or the illegal coup de'etat on the elected government.

While most of us acknowledge the fact that the law is supreme in a country which abides to the principle of rule of law, people would only respect the law if it is certain and specific which would disabled any speculations, criticism and possible wrongful abuse by the relevant authorities. Let us all Malaysians pray that the legislative framework of Malaysia would work for the better in assisting Malaysians to be guided the correct and a safe path by way of law.

Who Should We As "The People" Place our Trust on?

After much have been seen lately, especially in Perak State Legislative Assembly and the May 7th 2008 arrest of 5 lawyers while waiting to defend their arrested clients, I pondered and wonder, who could we as commoner place our trust on after much of a disputes between political parties, arrest and the controversial issues of the judiciary.

Looking back to all the incidents that have taken place, have you given this question a thought, have you ever wondered why our nations are slipping down the chart, and have you ever wondered what is there for us after all these black incidents are cleared. With the introduction of 1 MALAYSIA by our Prime Minister Datuk Seri Najib Tun Razak, we were introduced to another 1 BLACK MALAYSIA by the opposition(mainly). Which side should we in? Should I wear black while I am out on the streets? Will I be arrested for walking with 5 of my friends? How am I suppose to survive in this society. I remember listening once from a learned individual that "Democracy might not work for every country". I am really starting to believe that statement as along the way througout this incident,The People of Malaysia have more questions than ever before. Democracy is suppossed to be a method where, people would select the best government to solve problems and not create more problems.

First, the Perak Constitutional incident. We have seen in MalaysiaKini, how Perak State Legislative Assembly speaker(former), V.sivakumar being carried out from the sacred hall, we have seen how police arrested individuals caught drinking and eating at a nearby mamak stall which coincidentally is in the cordoned zone. We have also seen the arrest of various political representatives for allegedly being in the forbidden zone. The decisions on 11th May 2009 again sparked controversials when Datuk Seri Nizar was declared the legitimate Menteri Besar by the High Court of Kuala Lumpur and subsequently 24 hours or less, a stay of order was granted and Datuk Seri Zambry Abdul Kadir has once again retained the post. On 22th of May 2009. Court of Appeal allowed the appeal by Datuk Seri Zambry and held that he is the legitimate menteri besar.

I would now like to comment on these incidents. Today, Perak people have the option of either watching the DVDs sold by the oppositions or by the Barisan Members. Both are equally interesting. Opposition's version shows how YB Hew Yit Foong uses a pepper spray on Opposition ADUNS and how the police forcibly removed the speaker from his seat and of course the alleged guns brought into the hall. Barisan Dvds on the other hand shows how ruthless and non-respective manners being potryed by the opposition. Invading BN's territory, Snatching the Assembly's secretaries documents and eating in the assembly hall and of course, not less, the screming and VANDALISM. We elected representatives in hope that we as the people could get solutions via the civilised ways. "Legal and proper arguments" not some funny dramatic series of removing speakers and mic pulling stuns. For this, I would not be asking, which representatives or political parties that you favour the most? My question now would be, Do you still trust our representatives?

The Police have a part to be blamed for all the commotions. I have from time to time emphasis that image is the most important part of every organisation in the world due to the fact that the power of media coverage have never been greater. However, the police force never seemed to have learned from experiences. On the 7th of May 2009, The OCPD of IPD Brickfields arrested individuals suspecting to be involved in an illegal gathering in front of the police station. This is according to Section 27 of the Malaysia Police Act. It is not my position to say if they are innocent or not as the legal system should be the one determining it. What I am more surprise of is the attitude potrayed by the OCPD. Rude and arrogant should be the words. Arresting weaponless and non-serious crime suspects rudely and roughly is not the image the police force should be getting. To make things worst, 5 lawyers together with several others were detained as well all because they were at the scene where they are waiting to see their clients when their initial request were denied. 

Today, Jokes about wearing black shirts on the street seems to be the kopitiam headlines as people from all walks of life are so concern that if they were to wear black, they might be arrested as well. Justification:- "you are wearing black". How could anyone in Malaysia decide or advice what Malaysians should and should not wear. Although it's true that this may prevent any wrongful arrest in the event a person is at the wrong place at the wrong time but wouldn't it shows that instead of a free society, we are turning more into a stalinist state. It must be noted that our constitution permits free movement, free expresion of ideas so long as it doesn't affect national security. Honestly speaking, I like black, lawyers and judges as well because they represent the colour of power and professionalism. Should these people be arrested as well? Just to add on a little. Even for the oppositions, funny methods of attracting votes or fame should not be by way of funny ideas like wear yellow for BERSIH, wear BLACK. Instead of wasting time doing all these, please channel strength in fulfilling your promulgated promises to the people. At the end of the day, we need a government that is capable of ruling the country efficiently and not some party which is good in dictating what the people should or should not do or come out with some funny ideas.

With regards to the independence of the judiciary, at times I do agree that the judiciary is a victim as said by YB Lim Kit Siang but just  a modification,the judiciary is a victim to disputes between political parties. On the day when the judiciary gave decision in favour of Pakatan Rakyat, nothing was said as to the independence of the judiciary in the case of MBv MB. When the court of appeal decided the other way, there comes the story of Independence of judiciary in dilemma, judiciary is a victim of BN. One honest question to Pakatan and everyone at large, Is it that the judiciary would only be independent only if the decisions are all to the favour of the opposition? Why is the judiciary deciding that fast on behalf of Barisan Nasional. Again, justice served must be shown to the people and not merely served. Speculations and rumours would destroy the reputation of the institution we must have faith on. Personally speaking, the judiciary which I respect the most among the 3 bodies under the separation of power will have to improve on their image and reputation.

By and large, People expect alot nowadays, We are no longer living in exile not knowing what is the best for us, we are exposed to the world. Sitting at home enables us to know what is taking place in the US, UK and probably even hermit kingdom like North Korea. We are expecting a government that will propel us to greater heights and not parties that would come out with funny statements for personal gains or because of dissatisfaction of any issues without taking our interest as rakyat into priority. For Barisan and Pakatan, work for the people and we shall repay you according to the deeds poured into the society. Like an old chinese saying, " whatever seeds you planted, that's the tree you will get".