No need to arrest Sidek Kamiso twice, says Bar Council

Source: The Star Online

Malaysian Bar Council vice-president George Varughese. Pic by The Star Online.

Malaysian Bar Council vice-president George Varughese. Pic by The Star Online.

PETALING JAYA: There was no need to arrest former journalist Sidek Kamiso for his tweet and seek a four-day remand order, said Malaysian Bar Council vice-president George Varughese (pix).

On Sept 19, Sidek was arrested under Section 233 of the Communications and Multimedia Act 1998, which criminalises online content deemed offensive for his comments over the death of PAS spiritual adviser Datuk Dr Haron Din.

The second arrest took place on Sept 29 when Sidek was asked to go to Dang Wangi police station to record a statement for an alleged offence under Section 298A of the Penal Code, which punishes those who cause religious disharmony.

“The police could have called Sidek Kamiso in for questioning, as was done on Sept 29, 2016.  Moreover, since the alleged offences arise from the same tweet, the police ought to have had sufficient information after the first arrest to determine the veracity of any subsequent complaint.

“The second arrest appears to have been unnecessary. Although the two arrests were for two different offences, both arrests were premised on the same tweet,” said Varughese in a statement on Monday.

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The Police Must Not Misuse Investigative and Detentive Powers — Malaysian Bar

Source: Malaysian Bar

 

Press Release

The Police Must Not Misuse Investigative and Detentive Powers

Logo-majlis-peguam-malaysia-malaysian-bar-councilThe Malaysian Bar is perturbed by the arrest of Sidek Kamiso and the handling of the police investigations against him for an allegedly insulting tweet on 16 September 2016, purportedly concerning the death of PAS spiritual leader Datuk Haron Din.

Sidek Kamiso was initially arrested at 4:30 am on 19 September 2016 at his home in Petaling Jaya for an alleged offence under Section 233 of the Communications and Multimedia Act 1998, which criminalises online content deemed offensive.  In the pre-dawn raid, four policemen in plain clothes and in an unmarked vehicle allegedly jumped over the gate of Sidek Kamiso’s house and repeatedly banged on the front door before gaining entry.  The policemen then searched his house in his wife’s presence, while their children — aged 10 and 14 — and a guest aged 12 locked themselves in another room fearing a robbery due to the commotion that ensued during the search.  This episode left the entire household, including the young guest, in fear, shock and disbelief.

After the search, Sidek Kamiso was instructed to get into the unmarked vehicle and was handcuffed en route to a police station on Jalan Tun Razak.  He was only allowed to make a brief call to his wife at about 10:30 am.  Thereafter, he was taken to Johor Bahru and produced in court at about 3:00 pm, during which time the investigating officer applied for a 4-day remand order, ostensibly so that the police could continue with their investigations.  However, the Magistrate refused the remand application, on the grounds that it was an abuse of the court process. Read more

Federal Court orders trial for seven before hearing PAA challenge

Source: The Malay Mail Online

Istana Kehakiman / Palace of Justice ― Picture by Yusof Mat Isa

Istana Kehakiman / Palace of Justice ― Picture by Yusof Mat Isa

PUTRAJAYA, Oct 10 — The Federal Court has ordered seven individuals, including three members of parliament (MP) to face trial first for allegedly participating in street protest rallies before they can proceed to take their constitutional challenge to that court (Federal Court).

Chief Justice Tun Arifin Zakaria, leading a five-man bench wants them to go for trial to enable the Sessions Court to establish a finding of fact on whether street protest had taken place or otherwise.

“As far as I am concerned, the matter is academic. Go back to the lower court and let the prosecution prove there was a street protest first, then come back to us. We will hear your argument. I am not saying there is a finding of guilt”.

“If they are acquitted by the Sessions Court (at the end of the prosecution’s case) then, there is nothing to challenge,” said Arifin.

He said the individuals were at liberty to file a reference to challenge the constitutionality of street protest, once the Sessions Court had made its findings on the issue. Read more

Only 35pc votes to keep BN in power, electoral watchdog chief claims

Source: The Malay Mail Online

Bersih 2.0 chairman Maria Chin Abdullah speaking at a press conference, alleges that the proposed redelineation exercise had carved out constituencies based on voters’ religion, October 10, 2016. — Picture by Opalyn Mok

Bersih 2.0 chairman Maria Chin Abdullah speaking at a press conference, alleges that the proposed redelineation exercise had carved out constituencies based on voters’ religion, October 10, 2016. — Picture by Opalyn Mok

GEORGE TOWN, Oct 10 — The Barisan Nasional (BN) coalition can retain federal control even if it wins 35 per cent of the popular votes if the proposed redelineation exercise is approved, Bersih 2.0 chairman Maria Chin Abdullah asserted today.

She also said the Election Commission (EC) has not provided sufficient land mass information to the public to enable it to make an informed decision on the matter.

“That’s the reality of it, this is why we have to object against the redelineation exercise, the people must submit their objections,” she told reporters at the launch of the Bersih 5.0 Gallery at City Hall here. Read more

Bersih will go to court for EC’s land mass data

Source: FMT

Land mass data can be used to justify the size of constituencies that have undergone resizing by the Election Commission, says Bersih 2.0. Pic taken from FMT News.

Land mass data can be used to justify the size of constituencies that have undergone resizing by the Election Commission, says Bersih 2.0. Pic taken from FMT News.

GEORGE TOWN: In a bid to review the actual movement of voters in the latest redelineation exercise, Bersih 2.0 will seek a court order to compel the Election Commission (EC) to reveal land mass data.

Its chairperson, Maria Chin Abdullah, said the land mass information was vital to determine how significant the change was in a particular constituency.

She said with such information, the public can lodge a protest against the redelineation of their constituency.

“Without the information, it would be very difficult for the public to make any objections. So, we will be filing our case.

“It is very important for us to find out how much of the land mass is altered as well,” she told reporters after opening the Bersih photography exhibition at the Town Hall here today.

Chin said the electoral reform group had previously sent in its protest over the transfer of 118,000 voters early in September. Read more

Hoping for an end to the death penalty in M’sia

Source: FMT News

By Charles Hector

Pic taken from FMT News

Pic taken from FMT News

On October 10, 2016, the 14th World Day Against the Death Penalty, Malaysians Against Death Penalty and Torture (Madpet) calls on Malaysia to expedite the abolition of the Death Penalty, and to impose a moratorium on all executions against the Death Penalty.

Malaysia on track towards abolition

In a news report, Nancy Shukri, the then minister in the Prime Minister’s Department, did say she hoped to take her proposal to amend the Penal Code and abolish the mandatory death sentence to the Dewan Rakyat as early as March 2016.

A few days before that, in another news report, Attorney-General Apandi Ali said he would propose to the Cabinet that the mandatory death penalty be scrapped, so that judges are given the option to choose between sentencing a person to jail or the gallows. Read more

Treat women with respect, Dyana Sofya tells Gerakan leader

Source: The Malay Mail Online

DAP’s Dyana Sofya Mohd Daud advised Gerakan leaders to discard their outdated, sexist and misogynistic mindset and treat women with equal respect. Pic taken from the Malay Mail Online

DAP’s Dyana Sofya Mohd Daud advised Gerakan leaders to discard their outdated, sexist and misogynistic mindset and treat women with equal respect. Pic taken from the Malay Mail Online

KUALA LUMPUR, Oct 10 — Gerakan leader Baljit Singh’s remarks on fielding young, sexy women in elections reinforce chauvinism and misogyny in politics, DAP’s Dyana Sofya Mohd Daud said today.

The DAP Socialist Youth executive committee member, who had contested the 2014 Teluk Intan by-election, said such comments that objectify women are among the reasons why talented young women avoid politics.

“I hope Gerakan takes Baljit’s idea seriously and allow more young women participation in politics.

“However, I also suggest that they discard their outdated, sexist and misogynistic mindset and treat women with equal respect if they are truly sincere in empowering women in Malaysian politics,” Dyana Sofya said in a statement. Read more

A moderate M’sia: Gerakan invites all political parties to work together for a better future

Source: The Star Online

KUALA LUMPUR: The concept of power sharing and inclusivity based on the principle of moderation is the best formula for Malaysia, says Gerakan president Datuk Seri Mah Siew Keong.

He called on all political parties across the political divide to join Gerakan in the movement to build a moderate Malaysia.

Mah also reiterated the party’s stand against the implementation of PAS’ Private Members’ Bill aimed at empowering the Syariah Courts.

“We respect Islam but it is a matter of the Federal Constitution, while the Bill concerns the division of the civil and the syariah laws. Read more