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Thread: Law & Order: Home Minister - with criminals, we shoot first

   
   
       
  1. #11
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    Aha! The Dalang Master is coming out in the open again. Playing the Chinese bogeyman in their divide-and-rule game. It never fails. As usual, he will spout half-truths to make it sound convincing.

    When someone points gun at you, shoot first, says Dr Mahathir in support of Zahid Hamidi

    BY YISWAREE PALANSAMY
    OCTOBER 10, 2013

    'Shoot first,' says Mahathir, in support of the Home Minister's statement last Friday. – The Malaysian Insider pic, October 10, 2013.
    Tun Dr Mahathir Mohamad has thrown his support behind the Home Minister's controversial "shoot first" remark, saying he would rather let criminals face the risk of being shot than putting police in danger.


    "When someone points the gun to shoot at you, you shoot first," said the former prime minister.


    Dr Mahathir was responding to questions from reporters on Datuk Seri Ahmad Zahid Hamidi's "shoot first" speech in Malacca recently.


    But Dr Mahathir said proper procedures must be observed before opening fire.

    "Don't go around firing your guns at the innocent," he added.
    py

  2. #12
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    Rakyat always victims of Umno’s power struggle


    October 10, 2013

    FMT LETTER: From William Leong Jee Keen, via e-mail

    Last week on Oct 3, 2013, we witnessed the return of detention without trial 2.0, this time disguised itself as the Prevention of Crime (Amendment and Extension) Bill 2013, which has been passed with a voice of majority by BN MPs in the Dewan Rakyat past midnight, with the Parliament clock once again being stopped in order for it to be voted on for the third time since one and a half year ago.

    The amendments to the PCA were stringently opposed by Pakatan Rakyat lawmakers, Suhakam, the Malaysian Bar, the Sabah Law Association, the Advocates Association of Sarawak and human rights advocates as it allows the return of detention without trial for years and this is clearly affronting to principles of justice and open for abuse.

    Above all, the introduction of amendments and extension of the PCA has not only backpedaled the Prime Minister Najib Tun Razak Tun Razak’s political transformation programme – as he claimed that the abolishment of the controversial ISA in less than two years ago was part of his transformation programme and to uphold human rights – but also further entrenched his authoritarian administration.

    Equally disappointing, Najib seemingly acquiesces in his Umno colleague’s statements which obviously disregard the rule of law and indifference to human rights. The Minister of Home Affairs, Ahmad Zahid Hamidi in particular, was reported to have made several shocking remarks over the recent amendments to the PCA.

    In a 20-minute audio recording of his speech delivered at the Malacca International Trade Centre in Ayer Keroh, Malacca on Oct 5, 2013 obtained by Malaysiakini, Ahmad Zahid was reported to have said that police are to shoot first and ask questions later. He then proudly declared that the amendment to the PCA resurrecting detention without trial was his own law and moreover, in the event there is no evidence or there is insufficient evidence, the suspects would be put away for two years.

    Such extravagant statements have triggered heavy criticism from both legal and human rights experts, there were even some of whom, including international body Human Rights Watch, urged for his sacking.

    The Malaysian Bar in a press statement on Oct 8, 2013 deploring and condemning the statements by Zahid as such remarks have revealed his complete disregard for the rule of law, unconcern of human rights, as well as lack of respect for debate and argument in Parliament. The Malaysian Bar argued that his irresponsible statements could be interpreted to support extra-judicial killings by the Police.

    Keadilan’s vice-president, who is also the Padang Serai MP, N Surendran also slammed the ministry’s policy that suspected criminals can be shot without warning, and said that shooting to kill suspects without warning breaches the law of the country as it amounts to murder under Section 302 of the Penal Code.

    As the incident unfolded, it was not merely about Zahid’s insensibility or incapability in familiarising with the basic principle of law, but in fact reflected the arrogance of the Umno’s minister. It should also be borne in mind that the reporters that attended the event, which supposed to be a government function briefing on security matters but ended up an Umno affair, were unceremoniously kicked out towards the end of his speech and threatened not to report the contents or otherwise he would shut down their newspapers.

    Meanwhile, Minister in the Prime Minister’s Department Shahidan Kassim, who was at the event when Zahid made the contentious speech, blamed the media and journalists for being unethical to report on a closed-door event that was not for public consumption, despite the fact that the event was initially open to media as tables were allocated for the journalists.

    Apart from this, the racist remarks allegedly made by Zahid, claiming that the majority of gangsters were Malaysians of Indian descent whilst the victims were of another race, and therefore nothing wrong in arresting or shooting them, should also be highlighted. He also mentioned the fatal shooting of five suspected Indian gangster in Penang in August and chastised a deputy minister, without naming him but was obviously referring to the Deputy Minister in the Prime Minister’s Department, P Waythamoorthy, for raising questions about the incident.

    Such sensitive and outrageous statement, particularly in a multi-racial heterogeneous society of ours, is nonetheless the most common utterance of Umno’s politicians as it perceived as the most effective weapon to continually garner power to strengthen their political position within the party, as well as in this country.

    With less than two weeks to go before the Umno supreme council elections, being one of the current vice-president of Umno, Zahid has indeed a lot of crowd pleasing to do to secure and defend his position in Umno, and the tactics he appears to employing is firstly to voice displeasure against certain segments of Malaysian society (read, the non-Malays) while pleasing other stakeholder in the nation, and secondly media bashing, trying to frame himself as being bigger supporter of Mahathirism.

    Hence, in our point of view, the amendments to the PCA to re-introduce detention without trial is to serve as a means for certain interested parties and individuals to achieve their political objectives, but not for the sake of rakyat’s safety and national security.

    Detention without trial 2.0


    Like the notorious ISA, which historically had been abused to hold political dissidents without charge, we opine that the PCA may merely do little to curtail crime but is surely threatening civil liberties and human rights. Under the PCA, the indefinite detention without trial has not only been resurrected, but the enforcement of PCA would also be further extended to include Sabah and Sarawak.

    In addition, there are provisions for presumption of guilt and prohibition of substantive legal recourses or judicial review, meaning that the detention order cannot be challenged in court, as well as to deny legal representation to the detainee except when his/her own evidence is taken during the inquiry process.

    These amendments have blatantly violated key articles of the Universal Declaration of Human Rights (UDHR) as it denies the accused the right to a full and fair trial in an open court. Article 9, 10 and 11 of the UDHR have articulated that: “no one shall be subjected to arbitrary arrest, detention or exile”; “everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”; and “(1) everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.”

    As a member of the United Nations, Malaysia however has failed to uphold the fundamental freedom and human rights mentioned in the UN Charter.

    Furthermore, there is also a board, namely the Prevention of Crime Board established under the newly minted PCA. With the creation of this board, the arbitrary power of the Home Minister is now removed and vested in an equally arbitrarily proposed three-man board led by either a Federal Court judge, a Court of Appeal judge or a High Court judge, which later the number of advisory board members was allowed to be increased from three to five members.

    The Board can make detention order for a period of two years if it believes that the registered person has committed two or more serious offenses, whether or not he is convicted thereof, if the inquiry report finds sufficient evidence to support such finding, or contravened a supervision order. In addition, the newly introduced Section 15 A(1) explicitly states that there is no judicial review allowed against the decision of the Board in relation to the supervision power, but only applicable on matters concerning the board’s compliance with procedural requirements.

    Contradictory enough, the procedures are in fact determined by the Board itself. Another grey area is that while Section 15A(1) precludes judicial review for the board’s discretionary powers, Section 19A(2) allows for a High Court review of the board’s decision when ordering a detention or extending a registered person’s detention period.

    Do we really need detention without trial to combat skyrocketing serious crime? The rationale of the authorities is that the repealed EO and ISA has served the country well, particularly against criminal organisations, and thus pushing for the amendments to PCA to bring back certain elements of the law, namely detention without trial is crucial and essential.

    Before this, Ahmad Zahid promised to present data and statistics for Parliament and the public to justify his statement that 90% of organised crimes were carried out by ex-detainees who were held under the Emergency (Public Order and Crime Prevention) Ordinance 1969 (EO) and thus proving that the repeal of EO and ISA was the factor of the spike in hardcore crime. Yet, now that the PCA was passed, there is no empirical evidence in sight.

    The perplexing question is, how effective is detention without trial in combating crime? There is an important fact to be noted here that the EO had never proved any of its detainees wrong in any court in Malaysia ever since its inception. In other words, none of EO detainees were convicted by the court for the reason they were detained. This explains why the repeal of EO enabled the just-released 2,600 EO detainees and their loyal followers, altogether accounting some 266,000 criminals roaming on the streets, as suggested by Home Minister.

    Conspicuously, the root cause of the crimes surge is not the repeal of either the EO or ISA, but is precisely the crippled the law enforcement and judicial process for decades in this country, as pointed out by KPRU in a previous analysis titled “Two Cases per Week on Average for the First Seven Months of 2013: Gun-killings are not merely a security issue”. Such utterly poor policing is the main factor that caused those seemingly guilty suspects have yet to be arrested and charged in court with irrefutable evidences.

    Moreover, the prevailing preventive detention law should be recognised as a crutch that weakens law enforcement, comprising the process of investigations, evidence collection, prosecution and judicial proceedings.

    In short, what Malaysia citizens need is not a convenient tool or temporary measure for the executive to simply persecute individuals in addressing the spate of crime, but is essentially high quality policing that is capable of curbing crime rate in a long run without violating fundamental rights of citizens.

    William Leong is MP for Selayang and a member of the think tank Political Studies for Change (KPRU)

    py

  3. #13
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    Zahid: I'm doing this for humanity and Allah

    6:39PM Oct 10, 2013

    Under fire for endorsing a 'shoot first' policy by the police, Home Minister Ahmad Zahid Hamidi justified his strong anti-crime stance on "universal humanitarian" (kemanusiaan sejagat) grounds.

    In a live interview with Astro Awani, today, he added that the amendments to the Prevention of Crime Act (PCA) criticised by rights groups, was done because he is "answerable to Allah".

    "Shootings every day, murders almost every week. This needs to be dealt with. If I don't do something, not only will the public question my credibility, but on Judgement Day, Allah will question me," he said.

    By "humanitarian", Ahmad Zahid (left) said he is thinking of the rights of victims of crime and police who are victims of criminal violence.

    "My biggest responsibility is to care for the majority of the rakyat. I appreciate differing views from the Opposition, bloggers and news portals.

    "In this emancipation and transformation process, all opinions are celebrated, but why must we only focus on the legal aspects? What about humanitarian aspects?" he asked.

    Chiding disregard for police welfare, he pointed out that not a single human right defender or opposition MP visited the family members of a police officer who died in the line of duty recently.

    "They (the critics) feel the PCA is replacing the Internal Security Act, Emergency Ordinance and Restriction Residence Act. This is for criminals, who should be the enemy of all, opposition or not, NGO or not," he said.

    He also insisted that the PCA will not be used against political opponents and there should be "no fear over differing opinions".

    The 20-minute interview on Analisis Awani, however, did not touch on the minister's endorsement for police to shoot down suspected criminals, even before they are charged in court.

    Ahmad Zahid made international news, and has been slammed by rights groups, after a recording of him saying that at a government event, was made available to Malaysiakini.

    py

  4. #14
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    Sunday, 03 November 2013 18:48 Propelled by Umno's insecurity & innate racism, Zahid now seen as Najib's SUCCESSOR


    Written by KP Chee, Malaysia Chronicle


    In the late 1990s Ahmad Zahid Hamidi, former disciple of Anwar Ibrahim, was one of Umno’s young turks impatient for power and glory. In 1998, as an Umno Youth divisional chief, Ahmad Zahid led a campaign to expose corruption and cronyism within the party. Their real target, of course, was the colossus of money politics, ex-premier Dr Mahathir Mohamad.

    But Mahathir deftly turned the tables on Ahmad Zahid by revealing the goodies he had received from pro-Anwar business tycoons. When Anwar got fired in September 1998, Zahid Hamidi was among his close supporters in the nascent Reformasi movement.


    Following another street demonstration against Mahathir, Ahmad Zahid was arrested under the ISA along with many others, but was quickly released, after he caved in and denounced Anwar as the main instigator of the rebellion within Umno. Although he resigned as Bagan Datoh Umno Youth chief, Ahmad Zahid remained an Umno member and began plotting his slow but steady return to political favor.


    Born-again Umnoputra


    In 2004 after Abdullah Ahmad Badawi won a landslide victory, Ahmad Zahid Hamidi got his break as deputy minister of tourism. He began studying for a doctorate from UPM to upgrade his political credentials. After the March 2008 election which saw BN lose its coveted two-thirds parliamentary majority, Ahmad Zahid was promoted to full minister in the PM’s department. When Najib Razak took over from Abdullah Badawi in April 2009, a cabinet reshuffle saw Ahmad Zahid appointed defence minister.


    Before entering politics, Ahmad Zahid was a banker with OCBC, and he later became a director of Bank Simpanan Nasional, as well as Permodalan Nasional Berhad (PNB).


    There is no doubt that Ahmad Zahid Hamidi (born 4 January 1953) is a political animal through and through in the traditional Umno warlord mode. Having nearly got derailed early in his career by backing the wrong horse, Ahmad Zahid became a born-again Umnoputra, throwing his lot in with whichever faction had the advantage.


    As defence minister Ahmad Zahid took the heat off his boss Najib by making a big noise over the Scorpene scandal, although he himself was never directly involved in the deal.


    In appreciation Najib offered him the powerful home ministry portfolio, after Najib’s cousin Hishammuddin Hussein made a big fool of himself, especially with his heavy-handed mishandling of the Bersih rallies. Hishammuddin took over the defence portfolio, where he could maintain a lower public profile, while safeguarding his cousin’s interests in terms of ongoing arms deals.


    Family scandal


    Almost as soon as he stepped into his new office as home minister, Ahmad Zahid Hamidi began shooting from the hip by talking tough and taking vindictive action against organizers of PKR’s Black 505 rallies, following upon the disappointing results of the 13th general election - which opened the public’s eyes to the fact that BN had stolen almost every election since Mahathir’s ridiculously extended term as PM through shameless gerrymandering, rigging of the electoral roll, and postal votes.


    Less than a month into his new job, Ahmad Zahid was hit by a major scandal when news broke that a businessman named Amir Bazli Abdullah had filed assault and battery charges against him dating back to January 2006 – when Zahid had allegedly punched Amir at the Country Heights Recreational Club in Kajang. On a different occasion, Amir claimed that several men abducted him from a petrol station and took him to Ahmad Zahid’s residence where the deputy minister and other male relatives gave him a severe thrashing. (“They beat me with rocks and other objects. They even threatened to put me in a gunny sack and bury me.”)


    Zahid arrived at the court hearing in full ministerial glory, with police outriders, bodyguards and a huge entourage of supporters. The businessman Amir Bazli Abdullah (who had been dating Zahid Hamidi’s married daughter) was pressured into settling out of court for an undisclosed amount, after a closed door session with the sessions court judge where no lawyers were allowed.


    Amir Bazli Abdullah had engaged Karpal Singh and his son Gobind Singh Deo as his lawyers, knowing full well he was up against the Umno 'mafia' which invariably protects its own. In any civilized nation, Ahmad Zahid Hamidi would have voluntarily resigned – or at least taken a long leave of absence pending trial. Not so in Bolehland where the powerless are deemed guilty unless proven innocent, while the powerful are never found guilty at all, not even of cold-blooded murder (except in one recorded instance in 1982 when Culture, Youth & Sports Minister Mokhtar Hashim was convicted of murder, but subsequently pardoned by the Agong after he had served some time in prison).


    Gobind Singh Deo was reported to have said: “I reiterate my urging to the prime minister to suspend Ahmad Zahid as the home minister pending trial. I will also raise the matter in Parliament. The allegations against him are serious in nature and they extend beyond assault.” We have seen that any issue of serious import that threatens Umno bigwigs is invariably rejected by the Speaker as trivial.


    In July 2013 Amir Bazli Abdullah changed his mind about an out-of-court settlement with Ahmad Zahid, and sought to nullify the sessions court’s mediation in the sordid affair. He admitted to having been thoroughly intimidated at the time by what he was up against.


    Next imbroglio


    Ahmad Zahid has since stunned the nation with his reckless remarks at an Umno ceramah in Melaka where his speech was secretly recorded by an opposition assemblyman. Ahmad Zahid told his audience that 28,000 of the 40,000 gang members identified are Indians, and that there was nothing wrong in detaining them without trial.


    "What is the situation of robbery victims, murder victims during shootings? Most of them are Malays. Most of them are our race. I think the best way is that we no longer compromise with them. There is no need to give them any more warning. If we get the evidence, we shoot first," the home minister reportedly said.


    That’s cowboy talk, not something one would expect hearing from a home minister - and for Ahmad Zahid’s Umno colleagues to rush to his defence by brushing his speech off as routine grandstanding on the campaign trail reveals their cavalier attitude towards ministerial accountability.


    Low-grade sabre rattling hit the mark with insecure Umno members


    It is obvious that Ahmad Zahid has been riding on the crest of a fresh surge of communal sentiments stirred up by BN’s poor electoral showing in the past 5 years.


    Following Mahathir’s tried and tested strategy of playing off the Malays’ insecurity against the impatience of Chinese voters for an end to racial discrimination, Ahmad Zahid has taken on the role of the new Umno strongman.


    Najib Razak and his powerful spouse, it appears, would rather take extended working holidays at enormous public expense where he can pose as the moderate, reasonable leader of a peaceful, harmonious Muslim-majority nation while she gleefully goes shopping and hobnobbing with celebrities.


    Indeed, Najib seems quite relieved that he can delegate the low-grade saber-rattling to his newly minted home minister, whose impressive lead in the recent Umno vice-presidential polls indicates that he has become a serious contender for the president’s post.


    In the eyes of Umno’s semi-literate, rent-seeking rank-and-file, Ahmad Zahid may well be the next messiah – the straight-talking, chest-thumping, fang-baring primate alpha they can look to, who will save them from being overwhelmed by infidels, liberals, pluralists, reformists, and those of indeterminate gender – but, above all, from Anwar Ibrahim’s ascendancy to power.


    Paper Tiger or Machiavelli Jr?


    Ahmad Zahid has now to overcompensate for his own testicular frailty in 1998 when he betrayed his mentor Anwar Ibrahim and sheepishly returned to the Umno fold. True, he was much younger then and still relatively new to the shark-infested waters of Umno politics. But Ahmad Zahid has paid his dues as a true-blue Umno warlord by mortgaging his conscience to political expediency.


    Without a conscience to call his own, what does he have to lose? He has everything to gain by embracing the role of the next Umno godfather – now that the original godfathers like Mahathir Mohamad and Daim Zainuddin are well past their use-by date.


    His assault and battery case is far from resolved – but if Ahmad Zahid can prove himself indispensable to Umno’s desperate strategy to claw back lost ground, his influential friends can always be relied upon to whisper in some sympathetic judge’s ears, and everything will be 'kautim' – as the street savvy say in Bolehland.


    These Bolehland observers further opine the only obstacle in Ahmad Zahid Hamidi’s path to power and glory will be the dynastic ambitions of that other Machiavellian megalomaniac, Mahathir Mohamad. Indeed there are many such personalities in Umno and they all want their way, even if it means destroying Malaysia.


    Malaysia Chronicle





    Full article: http://malaysia-chronicle.com/index....#ixzz2jcuScwLG
    Follow us: @MsiaChronicle on Twitter
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