From Special Branch top cop to ‘enemy of the state’

Source: The Star Online

Former Special Branch deputy director Datuk Abdul Hamid Bador – pic by The Star Online

PETALING JAYA: Former Special Branch deputy director Datuk Abdul Hamid Bador (pix) says he will not back down from criticising the Government’s handling of 1Malaysia Development Berhad (1MDB) despite now being labelled an “enemy of the state”.

He said his decision back in August to openly hit out at the Government’s investigation into the troubled state investment firm was a painful one which required much thought and deliberation, but one worth the sacrifice.

“Having served the same Government under four prime ministers for more than 36 years, diligently I believe, most people would think it is unwise for a soul like me to ‘lawan towkay’. More so when my swansong (retirement) is just months away.

“A rational thinking mind would say I should have kept quiet and let those 1,000 days left in my service to unwind in the comfort of a big office in Putrajaya, where one can rub shoulders with those big guns in the corridors of power,” he said in a letter dated Oct 6 and sighted by The Star.

The former cop said although he had lost many friends through his actions, he did not wish to keep quiet as it would not have given him any comfort to later reminisce on the golden moments he had while serving the Government. Read more

Police find more skeletal remains by river, suspected to be missing Orang Asli child

Source: The Malaysian Insider

Police said this evening that the scattered bones and skull of a child, suspected to be of one of the missing seven Orang Asli children, were found by a river 1.3km from Post Tohoi, near Gua Musang in Kelantan.

State police chief Datuk Mazlan Lazim told The Malaysian Insider that search and rescue personnel found the skeletal remains at 5.30pm after hours of searching along the Sungai Perias river.

“The General Operation Force found the skull of a child and skeletal remains. It belonged to a child as the remains and the skull all fit together.

“We sent the remains to Gua Musang Hospital for post mortem,” Mazlan said in a text message.

This is the second remains found suspected to be of one the seven Orang Asli children who went missing six weeks ago. The decomposed body of the first victim, 8-year-old Sasa Sobrie, was found some 24 hours ago in the same river. Read more

Cubaan transgender untuk semakan kehakiman tidak sesuai

Sumber: The Malaysian Insider

Mahkamah Persekutuan hari ini memutuskan Mahkamah Rayuan tidak mempunyai bidang kuasa untuk mengisytiharkan peruntukan dalam Enakmen Jenayah Syariah Undang-undang Negeri Sembilan sebagai tidak berperlembagaan. – Gambar fail The Malaysian Insider, 8 Oktober, 2015.

Mahkamah Rayuan tidak mempunyai bidang kuasa untuk mengisytiharkan peruntukan dalam Enakmen Jenayah Syariah Undang-undang Negeri Sembilan sebagai tidak berperlembagaan, demikian diputuskan oleh Mahkamah Persekutuan, hari ini.

Panel 5 hakim diketuai Presiden Mahkamah Rayuan Tan Sri Md Raus Sharif berkata ia kerana 3 transgender menggunakan prosedur perundangan yang salah untuk memulakan tindakan mereka.

Sehubungan itu, mahkamah memutuskan permohonan semakan kehakiman yang difailkan 3 pak andam itu, Muhamad Juzaili Mohd Khamis, 28; Shukor Jani, 29; dan Wan Fairol Wan Ismail, 30, selaku responden, untuk mencabar kesahan Seksyen 66 enakmen tersebut tidak sesuai kerana gagal mematuhi kaedah prosedur.

Mengikut Seksyen 66 Enakmen Jenayah Syariah Negeri Sembilan 1992, lelaki berlagak seperti perempuan dan memakai pakaian perempuan di tempat awam adalah melakukan satu kesalahan dan hendaklah apabila disabitkan dikenakan hukuman denda maksimum RM1,000 atau penjara maksimum 6 bulan, atau kedua-dua sekali.

Raus berkata transgender tersebut seharus memohon kebenaran daripada seorang hakim Mahkamah Persekutuan untuk memulakan petisyen kerana mereka mencabar kuasa perundangan badan perundangan negeri yang menggubal undang-undang syariah dan bukan cara melalui semakan kehakiman.

Berikutan keputusan itu, Seksyen 66 enakmen tersebut adalah berperlembagaan dan sah. Read more

Bar Council Malaysia appalled at Chang’s detention

Source: The Malaysian Insider

The Malaysian Bar is appalled that a member of the bar is being detained for acting for his client, says Bar Council president Steven Thiru. – The Malaysian Insider filepic, October 8, 2015.

The Bar Council has expressed its unhappiness over the arrest of lawyer Mathias Chang under the Security Offences (Special Measures) Act, calling the detention “appalling”.

“I can tell you that the Malaysian Bar is absolutely appalled that a member of the bar is being treated this way for acting for his client,” Bar Council president Steven Thiru said today.

He said that the Bar Council has the same reservations about the use of the act as it did for the arrest of Datuk Khairuddin Abu Hassan recently, under the same act.

Chang was arrested earlier today. Read more

AGC confirms binned two Bank Negara requests for action in 1MDB case

Source: The Malay Mail Online

Bank Negara Malaysia’s recommendations for action against 1Malaysia Development Berhad had been rejected twice, the AGC revealed. — File pic

KUALA LUMPUR, Oct 8 – The Attorney-General’s Chambers (AGC) revealed today that it rejected Bank Negara Malaysia’s (BNM) recommendations for action against 1Malaysia Development Berhad (1MDB) twice after finding no wrongdoing committed by any of the state-owned firm’s officials.

In a statement, the AGC said BNM first submitted its investigation papers on August 21 and that upon studying the bank’s findings, it found that no further action was necessary.

The papers were subsequently returned to BNM on September 11, and the decision communicated to the bank the same day, it said.

On October 1, however, the AGC said BNM issued a letter of request, seeking a review of the decision.

“Having considered the request and the fact that there was no new evidence made available, the Attorney General decided to maintain the decision made earlier,” the AGC said. Read more

Jabatan Peguam Negara pertahan keputusan awal, tiada pendakwaan terhadap 1MDB

Sumber: The Malaysian Insider

Syarikat sarat hutang 1Malaysia Development Berhad tidak melakukan kesalahan, jadi tidak perlu didakwa, kata Jabatan Peguam Negara. – Gambar fail The Malaysian Insider, 8 Oktober, 2015.

Jabatan Peguam Negara mempertahan keputusan awal berhubung 1Malaysia Development Berhad (1MDB) dengan menegaskan tiada pendakwaan ke atas syarikat sarat hutang itu kerana tidak menemui sebarang kesalahan dilakukan.

Kenyataan tersebut dikeluarkan selepas Majlis Raja-raja Melayu mengeluarkan kenyataan supaya isu 1MDB diselesaikan segera, dua hari lepas.

“Mengambil kira permintaan dan fakta tiada bukti baharu ditemui, peguam negara memutuskan mempertahankan keputusan awal yang dibuat,” kata kenyataan Jabatan Peguam Negara hari ini.

Jabatan Peguam Negara berkata mereka sudah menerima kertas siasatan Bank Negara Malaysia (BNM) pada 21 Ogos, namun Timbalan Pendakwa Raya 1 Datuk Tun Abd Majid Tun Hamzah memutuskan 1MDB tidak melakukan kesalahan dan mengarahkan tiada tindakan diambil. Read more

1MDB did not commit any offence, says A-G’s Chambers after Bank Negara review call

Source: The Malaysian Insider

The Attorney-General’s Chambers has maintained that 1MDB did not commit any offence relating to false disclosure. – Reuters filepic, October 8, 2015.

1Malaysia Development Berhad (1MDB) has not committed any offence related to false disclosure despite Bank Negara Malaysia’s appeal to review the case, the Attorney- General’s Chambers (AGC) said today.

This was despite the central bank requesting a review to a decision that was made last month that no further action was required in the Bank Negara probe.

“Having considered the request and the fact that there was no new evidence made available, the Attorney-General decided to maintain the decision made earlier,” AGC said in a statement.

1MDB officials were investigated under Exchange Control Act 1953, for knowingly and recklessly making a statement which is false.

The statement comes after the Conference of Rulers on Tuesday had said that investigations into 1MDB must be made public in order to show that nothing was being hidden in the probe on the state-owned investment firm. Read more

Review sedition charges or be blamed for selective prosecution, lawyers tell A-G

Source: The Malaysian Insider

Law lecturer Dr Azmi Sharom is facing sedition charges over an article on the Selangor menteri besar saga. Lawyers today urged the Attorney-General to review the charges. – The Malaysian Insider pic by Seth Akmal, October 8, 2015.

Attorney-General Tan Sri Mohamed Apandi Ali should review all sedition charges against those who will stand trial following Tuesday’s Federal Court ruling that the law enacted under British rule was constitutional, lawyers said.

They said it was questionable whether those charged with the offence, including law lecturer Dr Azmi Sharom, had committed the alleged crime.

The lawyers also highlighted the A-G’s decision to withdraw the sedition charge against Malay Armed Forces Veterans Association president Mohd Ali Baharom last month.

The A-G has the power to withdraw charges even in the midst of a trial or appeal.

Lawyer Mohamd Haniff Khatri Abdulla said the law should remain but there must not be selective prosecution.

“I do not see Azmi’s utterance and the publication of his views as seditious because it was an academic opinion,” he said.

He said there would be little progress in intellectual discourse if academics were stifled from expressing their views publicly.

On Tuesday, a five-man bench led by Chief Justice Tun Arifin Zakaria said the sedition law was not against the freedom of speech under Article 10 (1) (a) of the Federal Constitution. Read more

Court of Appeal wrong to declare religious law unconstitutional, rules Federal Court

Source: The Malaysian Insider

The Federal Court ruled today that the Court of Appeal made a mistake in declaring section 66 of the Negri Sembilan Shariah Criminal Enactment as unconstitutional in the case of three transgenders. – Reuters pic, October 8, 2015.

The Court of Appeal has no jurisdiction to declare that a provision in the Negri Sembilan Islamic criminal enactment as unconstitutional as three transgenders had used the wrong legal procedure to start their action, the Federal Court ruled today.

A five-man bench led by Tan Sri Md Raus Sharif, who delivered the unanimous judgments, said the trio should have gone to the Federal Court as they were challenging the competency of the state legislature to make laws. Read more

Remains confirmed belonging to orang asli girl

Source: The Star Online

Eight-year-old Sasa Sobrie’s remains are discovered – pic by The Star Online.

GUA MUSANG: The remains of a young girl found in the waters of Sungai Perias near here on Wednesday has been identified as eight-year-old Sasa Sobrie (pic).

She was one of the seven orang asli children who went missing more than six weeks ago.

Her remains had been identified by her uncle at a hospital here on Thursday.

The girl’s decomposed body was found in Sungai Perias, about 500m from her hostel at SK Tohoi at 7pm.

Sasa and the other children, Mirsudiar Aluj, 11; Norieen Yaakob, 10; Ika Ayel, nine; Haikal Yaakob, eight; Linda Rosli, eight, and Juvina David, seven, who lived in the school hostel, were said to have fled into the jungle to escape punishment after they were caught swimming in a nearby river without permission. Read more