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    People's Tribunal: Reports 180913

    EC tricked ordinary voters, Tribunal told


    Alfian ZM Tahir
    September 18, 2013

    Voters in Sarawak were given little time to vote but advance voters were given 11 hours. Their travel may take half a day. It doesn't make sense.
    UPDATED
    SUBANG JAYA: Voters in Sarawak were given as little as three hours to vote but advance voters (military and policemen) were allocated 11 hours, thus the Election Commission was indeed tricking the ordinary voters, said the founder of Tindak Malaysia PY Wong during the second session of The Peoples Tribunal today.


    “Three hours, some four and some six hours. However travelling may take half a day to reach the place. If it rains I don’t think they would be able to make it,” PY Wong said during his presentation at the Tribunal by referring cases in Sarawak.


    “The EC tricks the ordinary voter,” he added.


    Wong then questioned the legitimacy of advance voters by saying that there was no difference between advance polling day and normal polling day.


    “In the defence of the nation, the military should be combat ready 365 days a year.”


    “It doesn’t make sense for military to be given advance voting, furthermore the ballot boxes have to be guarded for six days and that is an issue,” he said.


    Wong also cited a research conducted by Research for Social Advance that revealed out of 110,000 police personnel, only 33,000 were on duty during polling day, and the balance of 77,000 officers in the force should not be advance voters.
    “In teory the balance should not be advance voters,” he added.
    Mark in ballot paper


    Meanwhile, during his second presentation this late afternoon, Wong told the audience of another trick that they discovered during the election.


    The audience, many whom were not aware that a ballot paper should be clean, was informed that there were dots on the ballot papers during the recent election.


    “This not only confuse especially the new voters, the EC officer can easily discard your vote at his discretion when he sees the dot,” he told the tribunal during his presentation.


    His organisation, Tindak Malaysia, contacted the EC several times to bring the matter to their attention but was allegedly ignored.


    “We even produced a video and handed it to the EC to explain in detail on how the dots on the ballot paper could affect your votes. Alas, we were met with silence,” he said.


    Also read
    Klang MP: Cops escorted foreign looking voters
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    ‘I was registered as voter without my knowledge’


    Alfian ZM Tahir
    September 18, 2013

    A visually-impaired woman told the Bersih's People's Tribunal that she was registered as a Tawau voter when she was residing in Kudat.
    SUBANG JAYA: In the afternoon session of the Bersih’s People’s Tribunal on the country’s 13th General Election today, a rather surprising revelation came about when a visually-impaired witness testified that her name was registered in the electoral roll without her knowledge.


    Inungkiran from Sabah told the tribunal today that she had never registered as a voter.


    “I never did that (register as a voter). A week before the GE, my friends were discussing about it as they too, had their names registered without their knowledge,” she said, adding that she was curious and checked her name on the Election Commission website and was shocked to find that she was a registered voter.


    Besides that, she also discovered that the Election Commission had a record of her new and old identification card number as well as her private phone number.


    “According to the website, my voting place was in Jalan Apas Tawau. I don’t know why I was registered in Tawau when I am residing in Kudat,” she said.


    Inungkiran also told the tribunal that received an SMS from a politician from Sabah Datuk Taufik AB Titingan, inviting her to a Hari Raya open house in the recent celebration.


    “I don’t know why I was invited. I did not go as I was in KL then,” she said.


    The Tribunal continues.
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    Poser over BN's presence at tribunal on GE13





    BERSIH TRIBUNAL The conducting officer for the People's Tribunal on GE13 organised by Bersih, has said that he is hoping for BN to show up over the course of the five-day event.

    Gurdial Singh Nijar told reporters that the team of lawyers has written to BN secretary general Tengku Adnan Tengku Mansor (right), after he claimed that he would attend if the organisers wrote to him.

    "We are now hoping people from that side show up," he said at the sidelines of the tribunal today.

    He earlier reminded the five-member panel that the tribunal is not meant to be accusatory to any one party.

    However the Election Commission (EC) has already refused the tribunal's invitation to take part in the proceedings.
    “We are hoping that after reading press reports and based on the developments over the course of this tribunal, the EC will decide to show up,” Gurdial said.

    “We have written to everyone concerned,” he added.

    So far, however, there have been no signs of any authorities being present at the tribunal to explain the supposed electoral irregularities which will be presented to the five-man panel over the five days.

    Gurdial confirmed that the tribunal had written to BN before Tengku Adnan claimed he had not received any letters, and have now written again to the BN secretary-general.

    “He said he didn’t receive, so we have written again,” he said.
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    Explaining long after the elections are over is not going to satisfy the Rakyat. Why were the police interfering in the election process by ferrying suspicious voters and protecting them?



    Govt to clarify ‘lies’ about Bangla voters


    KUALA LUMPUR: The issues of the alleged voting by 40,000 Bangladeshis and power supply disruption at a vote counting centre during the 13th General Election (GE13) will be answered by the government at the next Dewan Rakyat sitting starting next Monday.
    Minister in the Prime Minister’s Department Shahidan Kassim, who is in charge of Parliament, said: “At the sitting this time, we will respond to several issues including the claim that 40,000 Bangladeshis had voted in the GE13.”
    The second Dewan Rakyat sitting for the first session of the 13th Parliament will go on for eight days until Oct 3, while the Dewan Negara
    sitting is scheduled for four days from Oct 7.



    Minister in the Prime Minister’s Department Shahidan Kassim, who is in charge of Parliament, said: “At the sitting this time, we will respond to several issues including the claim that 40,000 Bangladeshis had voted in the GE13.”

    The second Dewan Rakyat sitting for the first session of the 13th Parliament will go on for eight days until Oct 3, while the Dewan Negara sitting is scheduled for four days from Oct 7.

    Shahidan said the issue of the alleged involvement of Bangladeshi voters and power supply disruption in the GE13 needed to be raised in Parliament to stop the lies to the public.

    He also said that two notices on new bills, which he declined to elaborate, had been sent out to the members of Parliament.

    -Bernama
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    This guy is an UMNO member. What do you expect him to say?

    GE13 complaints are a waste of time, says EC



    11:40AM Sep 18, 2013

    The Election Commission (EC) won’t entertain the opposition’s complaints about 40,000 phantom voters during the 13th general election (GE13) in May as it is too busy, deputy chief Wan Ahmad Wan Omar said.

    Labelling the complaints as “ignorant”, Wan Ahmad was quoted as telling Utusan Malaysia that the EC has other work to think about and won’t respond to DAP and PAS members who do not first understand the electoral rules.

    “As I have said before, all allegations and slander thrown at the EC are aimed at raising a public furore and spoiling the EC’s credibility... It is an attempt by the opposition to gain sympathy votes,” Wan Ahmad was quoted as saying.

    He added that the lies were made up by the opposition in a bid to topple the government.

    In the same article, Wan Ahmad however cited DAP’s Ong Kian Ming as an example of someone who understood how the EC worked because he had agreed with election observer Pemantau’s reportthat no foul play was involved in Serdang, where Ong won his MP seat.

    On polling day, DAP supporters and Ong accused a 30-year-old construction worker, Chua Lai Fatt, of being a foreigner and trying to vote in GE13. Chua has a dark skin and features that belie his Chinese name. Ong later apologised.
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    People's Tribunal kicks off, legal head hopes EC, BN will join in

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    First Published: 3:23pm, Sep 18, 2013
    Last Updated: 8:09pm, Sep 18, 2013







    Nation


    by Tarani Palani


    by fz.com/Haris Hassan



    • Gurdial (left) listens as Charles (right) presents details of alleged electoral irregularities to the People's Tribunal.






    PETALING JAYA (Sept 1: As the landmark Bersih 2.0 People's Tribunal on the 13th general election kicked off today, the head of its legal team Prof Gurdial Singh Nijar expressed hope that representatives from the Election Commission (EC) and the ruling coalition would participate in the five-day proceedings.


    The EC has snubbed the offer to participate in the Tribunal, with its deputy chairman, Datuk Wan Ahmad Wan Omar saying that the Constitution contained no regulations for the EC to take part in such tribunals.


    Another invitation letter has been sent to Barisan Nasional (BN) secretary general Tengku Adnan Tengku Mansor, who had expressed interest to join in the proceedings, but had claimed that he had not received an invitation to participate in the tribunal.


    "We hope that (representatives of) the EC and the BN will participate in (our proceedings) after some reports in the press," he told the five-member tribunal.


    So far, Klang MP Charles Santiago and activist PY Wong of Tindak Malaysia have testified before the panel, repeating many points of contention about the electoral system and irregularities which have been carried numerous times in news reports.


    Among other things, Santiago had highlighted the cases of 12 individuals who were not in Malaysia at the time when they were registered as voters. He claimed that there must have been some level of forgery which took place that cannot be clarified.


    Highlighting the case of Dinesh Kumar who currently resides and works in the UK, he said that when he and Dinesh's father approached the EC to ask for the document that Dinesh was purported to have signed to consent to become a voter, the EC could not produce it.


    He also recounted the incident where a chartered bus was stopped by voters in the Pandamaran area in Klang on May 5 as they suspected that the bus was carrying foreigners who were allegedly illegal voters.


    "When the bus was brought to the police station and the police and I spoke separately to the EC officers and asked them if any of the workers had indeed voted, the EC's reply was that as it was after 5pm, this does not come under our purview anymore," he said.


    A tribunal member, Datuk Azzat Kamaludin, in his comments to Santiago said even if it could not be established if the alleged phantom voters voted for the BN or the Opposition, it was still important to establish whether there were irregularities in the existing system and processes.


    The five-member tribunal is headed by Professor Yash Pal Ghai of Nepal, who was among other things, Special Representative of the UN Secretary General in Cambodia on human rights.


    The other members in the tribunal are Ramlan Surbakti Professor of Comparative Politics at the Department of Political Science, Airlangga University Indonesia, Azzat who was formerly attached to the Ministry of Foreign Affairs, Mavis Puthucheary who was Associate Professor at the Faculty of Economics and Administration of University Malaya and Rev Hermen Shastri, General Secretary of Malaysia's Council of Churches.


    Live coverage of the tribunal is being provided by several groups, including the Pusat Komas group which is broadcasting the proceedings via a YouTube link, Radio Bangsar Utama and Bersih 2.0, which is tweeting at #TribunalRakyat.


    The panel also heard testimonies of four other witnesses, ranging from ordinary voters, party workers and volunteer observers highlighting more irregularities in the system.


    Visually impaired Sabahan Inungkiran Mongijal said that she found out that she was a registered voter in Tawau parliamentary seat when she did not register as a voter.


    "I am from Kudat and I have never been to Tawau. I don't know how my name got there," she said.


    She added that all her other friends who were visually impaired found that their names were on the electoral roll and she decided to check the roll and found that her name, MyKad number and contact number were stated as well.


    As she was however in Kuala Lumpur during polling day, one of her friends had asked those in Kudat to look out for whoever was voting on her behalf there.


    "A few months later, I received a text message from Taufik Abu Bakar Titingan (the Tawau Umno chief) asking me to join him for his Hari Raya Open House celebrations," she said adding that she doesn't know how he had obtained her contact number.


    No police reports or reports to the EC were made with this case and she had only made this case known to the People's Tribunal.


    Party election officer Abu Hussin Tamby, who was guarding one ballot box of advance voting from Air Limau state seat located in the Alor Gajah parliamentary seat, highlighted discrepancies when transporting the box to Alor Gajah police station where the advance votes would be kept until election day, May 5.


    His testimony highlighted questions regarding the protection of advance voting ballot boxes.


    Votes in these boxes which usually consist of advance ballots from Police and Army personnel, cannot be opened before polling closes and counting officially begins.


    But Abu Hussin said that he allegedly saw seven to eight EC officers counting what looked like a pile of ballot papers on April 30 (advance polling day), six days in advance of when it should be counted, in the police station.


    He has lodged a police report on the matter but has yet to hear any updates on the case. He said that he had also asked the EC for CCTV recordings of the police station.


    Election observer with Pemantau, Lye Yoong Seng highlighted practices like the ferrying of voters to polling stations by parties in both coalitions and the treating of voters with food to win support.


    Another Pemantau observer Joseph Chandran was grilled by Tribunal chairman Yash Pal on how one could easily recognise a non-Malaysian at a polling center.


    "Because I see Malaysians, there is mix and diversity, so how do you...," he asked.


    To this, Joseph said that he and other observers approached a person who appeared to be a foreigner. The man admitted that he was Bangladeshi but the observers left him alone when he flashed them a MyKad. The observers could not verify if the MyKad did belong to him.


    The tribunal proceedings continue tomorrow.









    Read more: http://fz.com/content/peoples-tribun...#ixzz2fIlxNhQH
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    EC refused to verify doubts on foreign voters, says MP





    BERSIH TRIBUNAL Klang MP Charles Santiago today said that the Election Commission (EC) refused to verify the people’s suspicions on whether a busload of foreign workers were indeed phantom voters intending to vote in his constituency during election day.

    “I called the EC and asked them to come down and verify if these people had voted. But the EC said it’s past 5pm and thus their job is done,” Charles told the People’s Tribunal on GE13 organised by Bersih 2.0 today.

    Charles (left) was referring to the election day incident where a bus with 18 passengers, 17 of them foreign workers, was halted and attacked by an angry mob of locals near a school in Pandamaran.

    While the locals have been charged with attacking the bus, Charles revealed how the EC refused to verify allegations of phantom voters even though provided the opportunity to do so.

    He was the first witness to appear before the tribunal today, which is being conducted by UM law professor Gurdial Singh Nijar in front of a five-person panel.

    The panel is chaired by a constitutional expert from United Nations Development Programme (UNDP), Yash Phal Ghai.
    Charles also said that the EC had previously established and acknowledged that there was a discrepancy in 60 voters being registered to the same address in Pandamaran, Klang.

    “I raised this issue in Parliament and with the EC, and the EC did send a team and acknowledged this matter,” he said.

    “But they told me that they can’t do anything because the electoral roll has been gazetted,” he further added.

    Charles said that the house owner, whom he said he had personally met, was a party operative for the “ruling coalition”.

    “However, the owner told me that he did not consent to his address being used for any other voters,” he added.
    'Both BN and Pakatan vehicles ferrying voters'

    Meanwhile, another fellow witness in front of the tribunal today, Pemantau volunteer Lye Yoong Seng, said that he saw both BN and Pakatan vehicles ferrying voters to and from polling centres.

    “Most of the cars bore BN logos and symbols. But I also saw a few Pakatan vehicles doing the same,” he said.

    He said that he then followed a BN vehicle from the polling centre and saw the vehicle dropping off passengers at a BN election booth, where food was being served.

    “As far as I know, ferrying voters is an offence,” Lye told the tribunal.

    The other witnesses in front of the tribunal today included Tindak Malaysia chief Wong Piang Yow, another Pemantau volunteer, PKR’s Machap candidate Ginie Lim, PKR polling agent Abu Hussin Tamby, and a visually impaired woman, Inungkiran Mangijal, who claimed to have been registered without her consent.
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    Tribunal hears of murder in the run-up to GE13




    BY ELIZABETH ZACHARIAH
    SEPTEMBER 19, 2013
    LATEST UPDATE: SEPTEMBER 19, 2013 12:03 PM

    PKR's Vasantha Kumar, at the Bersih People's Tribunal today, speaking of the murder of his security aide V. Murugan during the GE13 campaign period. The Malaysian Insider pic by Afif Abd Halim, September 19, 2013The Bersih People's Tribunal heard today how an aide to the Parti Keadilan Rakyat candidate for the Tapah parliamentary seat was murdered in the run-up to the polls.


    The PKR candidate K. Vasantha Kumar, who lost the seat to MIC's Datuk M. Saravanan in the May 5 polls, told the tribunal that his security aide, K. Murugan, had earlier received many threatening calls from people he knew and did not know.


    "Murugan told me that he was warned to stop campaigning for me or he would be chopped up with a parang and killed," said Vasantha.


    Murugan was hired after Vasantha and his campaign workers were attacked and threatened on several occasions during the campaign period.


    "We were attacked once in the compound of the Tapah district police headquarters in the presence of the OCPD, " Vasantha revealed.


    When asked by the tribunal's head of legal team Professor Gurdial Singh if any action had been taken by the police officer, Vasantha said, "the man who attacked us was picked up and then released the same day and since then, no further action has been taken".

    He also said that more police reports were lodged by several of his campaign workers after they had received threats through phone calls and SMSes.


    Gurdial: There was a series of threats to life, damaging of campaign materials, some in the presence of police. Yet, nothing was done?





    Vasantha: Yes.


    Speaking about the events leading to Murugan's death, Vasantha noted that he last saw his security aide at 10.30pm on May 1 after a ceramah in Taman Sri Bidor.


    "I was also there at the ceramah with two other state seat candidates from Pakatan Rakyat," Vasantha said.


    Thirthy-six-year-old Murugan was believed to have received a call and left the ceramah to meet with the caller.


    The next day, Murugan's sister lodged a missing person's report at the Tapah police station.


    Four days later his body, with feet and hands bound, was found afloat in a pond at Bemban Industrial Park, Batu Gajah.


    Vasantha was earlier reported as saying that Murugan had worked tirelessly for him in the tough battle against MIC's Datuk M. Saravanan. He organised political rallies and worked the ground sufficiently that he got noticed.


    Vasantha had said: “We believe that Murugan was murdered to intimidate the voters. He was well-known locally and it was his job to organise ceramahs for me."
    MORE TO COME.The Bersih People's Tribunal panel members. - The Malaysian Insider pic by Afif Abd Halim, September 19, 2013.
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    Gurdial slams AG for suggesting tribunal a 'stunt'





    VIDEO | 3:53 mins

    BERSIH TRIBUNAL Bersih People's Tribunal conducting officer Gurdial Singh Nijar slammed attorney-general Abdul Gani Patail yesterday for dismissing the public probe into electoral irregularities as a publicity stunt.

    "For the attorney-general to suggest that the People's Tribunal is a publicity stunt is a sad reflection of the kind of pronouncements that we are subjected to and have to bear to read on an almost daily basis.

    "He does his own office a disservice by his public display of a complete ignorance of people's tribunals," he told the five-member panel in his concluding remarks.

    Gani was reported on Sept 19 to have said that the tribunal has no legal standing and described the presence of two foreigners on the panel as "meddling" in Malaysia's affairs.

    Gurdial (left) pointed out that similar tribunals had been formed previously, such as former prime minister Dr Mahathir Mohamad's Kuala Lumpur War Crimes Tribunal and the Brussels-based Russell-Sartre Tribunal to address grievances that no one else would hear.

    He said the KL War Crimes Tribunal was formed following the 2003 invasion of Iraq, whereas the Russell-Sartre Tribunal dealt with alleged war crimes in the Vietnam War and later heard on other issues as well.

    "Somebody had to do something; that is the point of a people's tribunal. It fills a need that is initiated by society at large - sometimes nationally, sometimes globally," he said.

    Meanwhile, the panel's chairperson Yash Pal Ghai apparently agreed with Gurdial and related the experiences of his home country Kenya following its 2007 presidential election.

    The constitutional law professor said violence following the election and alleged fraud brought the country to the brink of civil war until former UN secretary-general Kofi Annan and a team of prominent Africans helped broker a peace deal.

    Among others, it also recommended the formation of several commissions to deal with the aftermath of the ethnic violence, where foreigners were among its members.

    "Generally, we felt that with these people in the commissions, there would be some justice and impartiality, and I think that enabled us to move forward and to have confidence in these critical processes at that time in our country," he said.

    Yash is one of two international members of the panel. The other is Ramlan Surbakti, who is the former Indonesian Election Commission deputy chairperson.

    51 witnesses, 78 written testimonies


    Earlier today, Gurdial had spent about five hours presenting his final submissions, summarising the oral testimony of 51 witnesses at the tribunal and 78 written testimonies in the form of statutory declarations.

    Among others, some of the allegations of electoral irregularities and misconduct include:

    • A voter claiming that PKR's party symbol was missing in Ijok ballot papers but had PAS' logo instead, although PKR was contesting there.


    • Abuse of government machinery for partisan purposes.


    • Allegations of bribery and excessive election campaign spending.


    • Excess voter turnout in certain locations in Baram, with the turnout exceeding the number of voters by 500 percent.


    • Gerrymandering and malapportionment of constituency boundaries.


    • Irregularities in the electoral roll.


    • The rejection of almost all election petitions from Pakatan Rakyat and BN candidates on technical grounds.

    Gurdial said he had invited all stakeholders to testify at the trial, but the attorney-general, Election Commission (EC), the police and BN had declined the invitation.

    He submitted that the election petitions of BN candidates and reports by the EC should be brought to the tribunal instead and urged the panel to give them fair consideration.

    Following the five-day hearing, the panel has three months to produce a report of its findings, but Yash said the panel may require more time.
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    Bersih People’s Tribunal on GE13

    Posted by Aliran on 5 December 2013 Add comments




    0



    Bersih 2.0 gives us an insight into the proceedings of the historic tribunal examining the GE13 irregularities.Day One – Concerns over advance voting
    The Members of the Tribunal heard from seven witnesses, which included two GE13 candidates, two Pemantau volunteers, one election agent, one elections expert, and one person who appeared on the roll without her consent.
    Professor Gurdial Nijar, Lead Counsel, opened by outlining the three categories of evidence which will be presented throughout the duration of the Tribunal:
    1. the manipulation of the legislative framework underpinning elections;
    2. the manipulation of the vote choice made by individual voters; and
    3. the manipulation of the administrative process whereby elections are carried out. The Tribunal will also have a special focus on the Election Commission.


    The first witness, Charles Santiago, Member of Parliament for Klang, described his experiences with irregularities during GE13. He described receiving complaints from individuals who appeared on the electoral roll despite never having registered, discovering that 2,195 voters who had voted in Klang in 2008 had their voting constituencies changed for no apparent reason. He also found addresses with numerous phantom voters, including one address with 60 registered voters.
    He told the Tribunal that he encountered ineligible voters on election day, election officials who allowed polling agents to record the serial numbers of voters who came to vote, and a disabled voter who had his vote tampered with by an election official.
    The Tribunal also heard from Wong Piang Yow from Tindak Malaysia, who described the weaknesses of the electoral framework, including with regard to the integrity of the Election Commission, postal and advance voting, the wide discretion afforded to Election Commission officials, and other provisions of the law that make the elections susceptible to fraud.
    Inungkiran binti Mongijal, who was the third witness to take the stand, described how she found her name registered to vote in Tawau, Sabah; she has lived in the Klang Valley for many years and had never registered to vote.
    Next, Abu Husin, who was an election agent in Air Limau, Melaka gave his testimony. He recounted how he had escorted ballot boxes containing advance voting ballots to the Lubuk Cina police station, supposedly so the ballots would be kept secure in the sealed boxes before being counted on election day. When he arrived at the police station, he observed a pile of ballot papers on the floor, being counted by seven or eight people in Election Commission uniform.
    Joseph Chandran who volunteered as an election observer with Pemantau testified that, on election day, 30-40 voters approached him showing him that the indelible ink, applied on their fingers to prevent double voting, had been easily removed.
    Lye Yoong Seng, a Pemantau volunteer as well, also encountered voters who complained about the ineffectiveness of the indelible ink. He also saw voters being ferried in by vehicles with political party logos, a practice that is illegal.
    Day 1’s final witness was Ginie Lim, who stood for election in Machap, Melaka. She described that, at around 3.00pm on election day, she was informed by a constituent that ballot boxes containing advance voting ballots had been transported to the counting centre. Because she was not made aware of the transportation of the boxes, her campaign team was unable to monitor the process.
    Lim also described how one voter tried to vote at around 9.30am, but was told by Election Commission officials that according to their records, she had already voted. With Lim’s campaign lawyer’s help, the voter was able to cast a vote. But it is unclear why the voter was not allowed to vote in the first place.
    Day Two, 19 September – Post-election payouts exposed
    Day Two began with Professor Gurdial Nijar, the Head Counsel, reiterating that all affected parties, including the Election Commission and Barisan Nasional, had been invited to provide testimony at the Tribunal. The Tribunal heard from eight witnesses throughout the day.
    The first witness of the day was Vasantha Kumar, who was a GE13 Parti Keadilan Rakyat candidate for the Tapah, Perak parliamentary seat. He described the many instances of violence he and his campaign faced throughout the elections, including receiving threats and attacks by supporters of his Barisan Nasional opponent. He said some of these attacks occurred in the presence of police officers, but no action was taken.
    He also described the multiple election offences he observed including vote buying and treating, a Ketua Tempat Mengundi, who was also the Tapah MIC Wanita head, and not being allowed to be in the ballot counting centre to observe the final ballot tally. He filed an election petition in court, but his case was dismissed on technical grounds and he was ordered to pay RM190,000 in costs.
    Vasantha Kumar described to the Tribunal the brutal murder of his bodyguard K Murugan, whose body was found floating in a river on election day. Murugan had received threats to stop campaigning for Vasantha Kumar, including by a BN supporter.
    Murugan’s mother then took the stand to recount the days following the murder of her son.
    Next, the Tribunal heard from Yasmin Masidi, who compiled and prepared the Pemantau report. She presented an overview of Pemantau’s findings from their observations of the election process on nomination day, during the campaign period, and on polling day.
    She presented their findings on a number of irregularities. She described that Pemantau found excessive security presence in five constituencies observed (22 per cent) during nomination day. For example, at the Dewan Masyarakat Ranau in the Ranau parliamentary constituency, around 200 police personnel were on site, some armed with M-16s and MP-5s. Razor wires were used to surround the Subang nomination centre, despite Suhakam’s recommendation not to use razor wires in peacetime.
    Other issues covered include political violence, undue influence, the promotion of ill-will and hostility, electoral roll irregularities, “indelible” ink, bribery, treating, personation, illegal campaigning, conveyance of voters, procedural irregularities, use of government machinery and property, and harassment of Pemantau election observers.
    The overall conclusion made was that election violations were rampant during GE13, and that the causes of these violations could be attributed to:
    1. the lack of awareness, if not poor knowledge on election laws by political parties, party workers and/or supporters and candidates themselves;
    2. informed and deliberate actions to gain political mileage; and/or
    3. the knowledge that enforcement of the provisions relating to election offences was insufficient.


    Professor Gurdial noted that Pemantau’s conclusion was corroborated by observers accredited by the Election Commission who found GE13 to be partially free and not fair.
    The fourth witness was Ibrahim Suffian, Merdeka Centre Programme Director. Merdeka Centre was an accredited observer for GE13. He described the findings of Merdeka Centre’s observations, including concerns with advance voting. Ibrahim noted that observers were not able to observe the ballot boxes between the time votes were cast to the time the ballots were counted, a five-day period.
    Professor Gurdial noted that this was particularly of concern, given that around 30 parliamentary seats – enough to decide which coalition formed the government – were determined by a margin narrow enough to be affected by advance and postal votes.
    Ibrahim said that the caretaker government had grossly abused their power by issuing contracts and announcing projects worth millions during the campaign period and that guidelines for caretaker governments are needed.
    Ibrahim also touched on the EC’s duty to clean up the electoral roll, stringent constraints set by the EC on accredited observers, and treating.
    Next the Tribunal heard from Norman a/l Kong, an Orang Asli who had travelled eight hours from his village to testify at the Tribunal. Norman, a voter in the Jelai DUN and Cameron Highlands parliamentary constituency, described how the BN had given out cash, promised to build roads, and promised to increase BR1M if villagers voted for the BN, and had threatened that they would get nothing if they did not vote for BN.
    Zainal, also an Orang Asli from the Jelai DUN and Cameron Highlands parliamentary constituency, described similar experiences, and said he thought the promises and threats made by the BN influenced the voting decisions of the villagers.
    The seventh witness was Datuk Abdul Halim Hussain, PKR GE13 candidate for Teluk Bahang, Penang. The Tribunal watched videos taken by Abdul Halim’s aides, which Abdul Halim said depicted money being handed out to voters from DUN constituencies in Penang which BN had won.
    Another video was shown depicting several men packing up computers and printers in a coffee shop and leaving, while Abdul Halim and Sim Tze Tzin, MP for Bayan Baru, observed. Abdul Halim said the men were giving out cash to voters and packed up when they saw him and Sim.
    The Tribunal was then presented with a Borang 13 from a saluran in Teluk Bahang which was littered with errors. Professor Gurdial noted that Abdul Halim lost by just 802 votes, and that a turn of 401 votes would have changed the outcome. The saluran in question itself involved more than 401 votes.
    The last witness of the day was Abdul Halim’s aide, Johan Abu Bakar. Johan described how he secretly recorded one of the videos shown earlier, which depicted money being handed out to voters.
    Day Three, 20 September – Vote-buying

    The first witness of Day Three of the People’s Tribunal on GE13 was Yok En, an Orang Asli who is the village head of Kampung Tual, in Kuala Lipis, Pahang. He described several instances of vote buying, treating, and threats. He testified that on 1 May, he and other village heads were invited to a meeting with Jabatan Kemajuan Orang Asli (JAKOA), which was also attended by “Datuk Adnan”. The witness recounted that, at the meeting, they were told to vote for Barisan Nasional.
    He said he attended another meeting, where he and other villagers (allegedly) received RM200 from Datuk Seri G Palanivel and Dato’ Wan Rosdy Wan Ismail. Yok En also said that villagers were promised to be given RM20 to use on polling day, and received rice, meat, and other goods from Wan Rosdy before GE13.
    The next witness, Sani, was also an Orang Asli from a village in Kuala Lipis, Pahang. He also testified on vote buying, treating, and threats. He described how his village head had called for a meeting upon returning from a meeting in Kuantan and told the villagers to vote for BN. The head villager said Wan Rosdy had (allegedly) warned that the villagers would be fined by the police if they voted for the opposition, and if the villagers voted for Barisan Nasional, BR1M would be increased from RM500 to RM1200 and it would not be given if Pakatan Rakyat won.
    Next, Steven Ng, a chemist, provided expert testimony on the use of indelible ink during GE13. He explained that silver nitrate is a key ingredient in formulating indelible ink, and should make up 10-18 per cent of an indelible ink solution to be effective.
    Professor Gurdial added that according to United Nations Development Programme guidelines, silver nitrate should make up 5-25 per cent of an indelible ink solution. The indelible ink used during GE13 only contained 1 per cent silver nitrate.
    Steven also described his shock that the indelible ink contained 29% moisturiser. He also rebuked the Election Commission’s claim that silver nitrate was carcinogenic.
    Next, the Tribunal watched videos produced by the Election Commission on polling day procedures. Steven Choong of Tindak Malaysia provided commentary on the videos and additional information.Malaysiakini journalist Koh Jun Lin took the stand next. He described how he observed government machinery being used during the campaign period at an event where Tan Sri Muhyiddin bin Yassin spoke. The sound system equipment had logos of the Department of Information. When seeking clarification by the event organiser, he was threatened with violence.
    The next two witnesses were volunteers with Pemantau, who travelled to Johor to observe the campaign period. The first witness, Alfian Zohri, described seeing inflammatory banners printed by the MCA, and the use of government equipment at a campaign event at Southern University College attended by Dato’ Sri Najib Razak.
    The second witness, Mandeep Karpall, described booklets that were distributed at the event which contained racist and inflammatory content. The Tribunal was presented with the content of the booklet depicting a Chinese person steam-rolling ‘ketuanan Melayu’, and Lim Kit Siang telling students that Chin Peng had championed independence, among others.
    Day Three continued with several other testimonies.
    Day Four, 21 September 2013 – Gerry-mandering abuse of power
    The fourth day of the People’s Tribunal began with a continuation of yesterday’s testimony by Masjaliza Hamzah, Dr Tessa Houghton and Professor Zaharom Nain on research conducted by the Centre for Independent Journalism (CIJ) and the University of Nottingham into media coverage of GE13.
    In response to a question on internal censorship, Prof Zaharom commented that the education system in Malaysia bred conformity among students who would eventually become journalists.
    In response to a question on how to bring about greater media accountability in terms of dealing with differences, Dr Houghton suggested that a self-regulatory media council could be a way forward, based on her New Zealand experience. Masjaliza said that a repeal of the PPPA and a self-regulatory media council would be part of the solution, but also noted that the current push towards a media council came from the government, in the form of a statutory body rather than a self-governing council of media practitioners.
    Prof Gurdial Nijar noted that current anti-monopoly legislation does not cover anything that falls under MCMC and excludes government activity.
    Wong Chin Huat provided expert testimony on malapportionment and gerrymandering. Currently, the relative value of votes for different parties are unequal — the number of votes are disproportionate to the actual number of Parliamentary seats gained — due to these problems.
    The Federal Constitution said that electoral districts should be approximately equal, with weightage given to rural areas, but ever since 1973 there has been no cap on malapportionment. He noted that despite popular perception that malapportionment works against non-Malay voters, it actually disadvantages Opposition-voting Malays. Gerrymandering disregards the political conditions of a particular community: it cuts through even the same home, with spouses assigned to different constituencies as voters.
    What was needed was the restoration of a mechanism to cap malapportionment and for more restrictive conditions for delineation, as well a change in the approval process of new boundaries. Wong also advocated for a change to the current electoral process: the first-past-the-post system is vulnerable to electoral manipulation based on electoral boundaries, and heightens tensions between different ethnicities and groups due to a winner-takes-all mentality.
    The third witness was Ong Guan Sin, who expanded on a case of gerrymandering mentioned by Wong: Kampung Abdullah in Johor, which was formerly entirely part of the parliamentary constituency of Segamat. When a new constituency was created (Sekijang), more than a thousand voters were transferred out of Segamat into Sekijang. Many voters living in the same household, including spouses, found that they now voted in different constituencies. This included the witness’s own family.
    The next witness was Tian Chua, the MP for Batu. His fine in a court case in 2010 was reduced by a judge and the sentence for imprisonment removed to avoid a by-election as he would still be eligible to hold office. His lawyer wrote to the EC to confirm that Tian Chua was eligible to run as candidate, which the EC affirmed pending the Returning Officer’s assessment as to whether he met the other conditions for candidacy on nomination day.
    His nomination papers were duly accepted. Subsequent to GE13, the BN candidate filed a petition alleging that the EC was wrong and that Tian Chua should have been disqualified. The EC recanted, despite its earlier response to Tian Chua. The BN petition was struck out due to a technicality and costs were awarded to Tian Chua. Unusually, the EC did not apply for costs.
    He also recounted the discovery, made on advance voting day in his constituency, that the so-called indelible ink could be easily removed. He expressed his concern that the electoral roll given to political parties did not separate out advance or postal voters from ordinary voters; thus there was no way to verify whether someone had voted twice.
    Nurul Izzah Anwar spoke on political violence in Lembah Pantai before and during GE13, as well as unfair treatment by the authorities towards her and her campaign. Advance voting ballot boxes were moved without her agents being present, and they were also unable to monitor the boxes during the time they were kept in police lock-up.
    Known Umno members seemed to have been appointed as election officers by the EC. Her party workers were assaulted and publicly-displayed material vandalised — a pattern which began long before GE13. She and her workers have made many police reports, even gave photos of the culprits, but no action was taken by the police.
    Low-income single mothers in Lembah Pantai, largely from Malay and Indian communities, were threatened with the withdrawal of financial assistance from the government if they did not vote for the BN. Flags put up by her supporters — none of which carried logos — in the form of a public art installation titled “Malaysian Spring” were taken down quickly by DBKL, ignoring the BN party flags nearby.
    They were also subjected to wild allegations by politicians and the police in the media. Her opponent also filed an election petition against her, which was struck out on technical grounds.
    The next witness was Nurul Izzah’s director of public complaints bureau, Abdullah Izhar. DBKL was instructed not to take action against PPR residents who were in arrears before the general election, but after BN candidate Raja Nong Chik (then Minister of Federal Territories) lost, DBKL started taking action — some of which amounted to fees of RM20,000.
    He testified that during the campaign, those who supported Umno obtained preferential treatment while those who supported Nurul Izzah were threatened by DBKL if they had outstanding bills.
    The Tribunal suggested that election petitions not be dismissed without having the case heard on merits, and that the judiciary be independent, fair and impartial.
    The seventh witness was Dr Toh Kin Woon, who served as an executive state councillor in Penang under the Gerakan government. He resigned from the party in 2008. He provided testimony on the role of state agencies and other institutions in maintaining power for the BN.
    He said that the police Special Branch used to submit reports to the Chief Minister regarding the government’s performance, so the BN would be aware of the feelings on the ground and accordingly prepare themselves for the next elections.
    The Information Department complemented this by organising functions and meet-the-people gatherings (with food) for campaigning. The JKKK — a village’s security and development committee -– held cooking and sewing classes in local villages, where candidates would introduce themselves to the women at these kind of events. Even BN ministers, if they served Pas voters (as they are supposed to serve all regardless of who the voters voted for), they would be told by the local JKKKs to cease doing this or the JKKKs would not assist the candidates next time.
    For opposition-controlled territories, if a road was to be repaired, funds sent would be withheld for some time. And then when built, they would say Umno requested for it, not Pas. The idea was that if the people saw that they were able to get their roads repaired even if they didn’t vote BN, what would be the difference between voting BN and Pas?
    The next witness was Lee Wee Tak, representing the Malaysian Electoral Roll Analysis Project (Merap). The project report identified 30 issues of concern with regards to the electoral roll.
    He said that testimonies for the Sabah Royal Commission of Inquiry claimed that foreigners were issued with NRICs without proper process, and they were then placed in various constituencies as voters. He dubbed dubious entries in the Sabah electoral roll as “RCI voters”. These entries on the roll have various problems: incomplete addresses, inconsistent gender and state codes. He showed cases where same old IC numbers were used by different people.
    Worryingly, a majority of additions and removals to the electoral roll from the fourth quarter of 2012, gazetted for use in GE13, were not disclosed to the public.
    Merap identified suspicious voters via an analysis of addresses: there were new voters registered with addresses of non-existent/abandoned buildings, or questionable addresses. Most of the voters with blank/incomplete addresses were located in Sabah and Sarawak, with unusually high percentages of such voters even in urban and semi-urban areas.
    The gazetted electoral roll from the fourth quarter of 2012 should be identical to the roll used for GE13, but upon comparison there were about 25,000 names deleted and approximately 1,600 voters added to the roll used for GE13.
    The last witness for the day was Fuziah Salleh, the MP for Kuantan. She alleged that her party agent was prevented from monitoring advance ballot boxes as the police station was a “restricted area”. However, they were given assurances as to the safety of the boxes. She subsequently received a tip that the ballot boxes would be switched a day before polling day. She insisted on escorting EC officials into where the boxes were held, but was prevented at gunpoint.
    A voter in her constituency was given ballot papers twice: he had voted in the morning but discovered that the indelible ink could be washed off. He then decided to check the system by going to the same polling station for a second time in the afternoon and managed to get a second set of ballot papers. EC guidelines say that if a channel/saluran was too busy, a second saluran could be opened; however, the names of voters who already voted in the morning were not marked off in the electoral roll used during the afternoon. This voter did not vote but told the police, and made a police report.
    Source: bersih.org
    py

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