‘Illegal for RTD to haul traffic offenders straight to court’

Source: FMT News

PETALING JAYA: The Road Transport Department (RTD) must have Parliament amend the law before it thinks about hauling traffic offenders to court.

Lawyers say nowhere in the Road Transport Act does it say the RTD has the right to drag offenders to court for traffic crimes when they can be fined.

They say if RTD wants to prosecute offenders for a traffic offence, the law has first to be amended to redefine which offences can be compounded and which cannot.

RTD director-general Nadzri Siron was reported to have told New Straits Times that the RTD would be hauling traffic offenders straight to court under its Chinese New Year operations if they committed seven particular road offences.

The offences are overtaking along double lines; driving in the emergency lanes; driving while talking on the phone; running red lights; not fastening the seat belts; jumping queues; and not wearing helmets.

“No compound (fine) will be issued,” he was quoted as saying. Read more

After domestic abuse victim’s murder, lawyer urges mandatory arrest of violent spouses

Source: The Malay Mail Online

A lawyer said police must arrest violent individuals who are reported to have abused their families to avoid them from suffering like the now-murdered domestic abuse victim Nurhidayah A. Ghani. — AFP pic, taken from MMO

A lawyer said police must arrest violent individuals who are reported to have abused their families to avoid them from suffering like the now-murdered domestic abuse victim Nurhidayah A. Ghani. — AFP pic, taken from MMO

KUALA LUMPUR, Jan 20 — A lawyer said police must arrest violent individuals who are reported to have abused their families to avoid them from suffering like the now-murdered domestic abuse victim Nurhidayah A. Ghani.

Speaking after the High Court here today convicted Nurhidayah’s violent husband Jamaluddin Ali over her 2013 death arising from multiple assaults that left “horrendous injuries” over her body, lawyer Goh Siu Lin said the court ruling amounts to “justice” for the victim’s family.

“The case showed how important it was to enforce protection orders and interim protection orders — which are court orders typically given to stop a violent spouse from threatening or abusing a domestic abuse victim,” she said.

“So we should in this country lobby for mandatory arrest once a report is made by the victim or any of the family members, so the police must be compelled to take immediate steps to arrest the perpetrator.

“And so that we can ensure the enforcement of protection orders and interim protection orders are given paramount importance to promote the safety and reduce violence and prevent serious harm and death,” she said. Read more

Selangor lists six ‘supersized’ seats as examples of EC’s alleged gerrymandering

Source: The Malay Mail Online

Court hears that multi-ethinic seats that reflect the racial composition of Malaysia have been reduced from 34 to 18. Image taken from FMT News

Court hears that multi-ethnic seats that reflect the racial composition of Malaysia have been reduced from 34 to 18. Image taken from FMT News

KUALA LUMPUR, Jan 20 — The Selangor government claimed it is the most affected state by the Election Commission’s (EC) proposed redelineation, listing six constituencies that it said have been “supersized” in attempted gerrymandering and malapportionment.

In a judicial review today, Selangor government’s lead counsel Datuk Cyrus Das named Petaling Jaya Utara, Serdang, Klang, Petaling Jaya Selatan, Kelana Jaya, and Kota Raja as the seats affected.

He claimed the redrawn boundaries violate Section 2(c), Part 1 of the 13th Schedule of the Federal Constitution, which stipulates the need for constituencies to have “approximately equal” number of voter distribution.

“It is not so much about the number of votes but how it is distributed to ensure proper element of representation.

“So when the Election Commission carries out this mapping exercise, drawing or redrawing electoral boundaries, if the results are a dilution of the vote, it affects the right to vote,” Cyrus said.

Clauses 2(c) and 2(d) of the 13th Schedule call for approximately equal number of voters in constituencies, as well as consideration of maintenance of local ties and inconveniences caused to voters when voting boundaries are altered. Read more

Ethnic flavour as EC redraws election boundaries in Selangor

Source: FMT News

Court hears that multi-ethinic seats that reflect the racial composition of Malaysia have been reduced from 34 to 18. Image taken from FMT News

Court hears that multi-ethnic seats that reflect the racial composition of Malaysia have been reduced from 34 to 18. Image taken from FMT News

KUALA LUMPUR: The Election Commission (EC) has drawn up more Malay majority state seats in the Pakatan Rakyat-led Selangor government under its proposed delineation exercise, the High Court heard today.

Counsel Cyrus Das said 30 Malay predominant seats were suggested, compared to 17 currently.

“This is the result of gerrymandering and the malapportionment exercise which are against guidelines established in the Federal Constitution,” he said.

Das is appearing for the Selangor government and Menteri Besar Mohamed Azmin Ali in a judicial review application to challenge the EC’s delineation exercise. He said Chinese majority seats had gone up from five to eight.

“However, multi-ethnic seats in the state that reflect the racial composition of Malaysia has been reduced from 34 to 18,” he said.

Das said it was very important that the drawing of boundaries must be proportionate and approximately equal. Read more

Activists lose constitutional challenge to assembly charge

Source: The Malay Mail Online

Lawyers for Liberty executive director Eric Paulsen ― Picture by Yusof Mat Isa

The activists’ lawyer Eric Paulsen says the court rejected the challenge based on a procedural requirement for the application to be first filed at the Sessions Court instead of the High Court. ― Picture by Yusof Mat Isa

KUALA LUMPUR, Jan 20 — The Court of Appeal today struck out a constitutional challenge from four former student activists to set aside the charges against them for assembling in a public place.

A three-judge panel chaired by Court of Appeal president Tan Sri Md Raus Sharif dismissed the application from Adam Adli Abd Halim, Muhammad Safwan Anang, Ekhsan Bukharee and Mohamed Bukhairy Mohamed Sofian who were appealing against being charged with taking part in an illegal in a restricted public place.

The foursome were charged under the Peaceful Assembly Act (PAA) when they took part in a June 22, 2013 rally in the compound of Masjid Ar-Rahman Universiti Malaya, which is a restricted area.

Section 4(2)(b) of the PAA prohibits the public from organising or participating in an assembly held at any prohibited place and within 50m from the place’s limit.

If found guilty, they can be fined up to RM 10,000 each.

According to the activists’ lawyer, Eric Paulsen, the court rejected the challenge on a preliminary objection based on Section 30 of the Courts of Judicature Act (CJA) 1964, which is a procedural requirement for their application to be first filed at the Sessions Court instead of the High Court.

“We are to file at Sessions Court to refer to the High Court,” Paulsen told Malay Mail Online when contacted. Read more

Ensure justice for domestic violence victims — WAO

Source: The Malay Mail Online

JANUARY 20 — Women’s Aid Organisation (WAO) welcomes the High Court’s decision to uphold justice for domestic violence and murder victim, Nurhidayah A Ghani. On January 20, 2017, the High Court declared her husband, Jamaluddin Ali, guilty of murder under Section 302 of the Penal Code.

For Nurhidayah’s family, this verdict brings closure to a wearying and drawn-out process of seeking justice. Jamaluddin had physically and psychologically abused Nurhidayah for over a decade, since 2003.

He had repeatedly banged her head into the wall, hit her with a helmet and a fishing rod, and strangled her. From 2009 to 2013, Nurhidayah and her family lodged more than 10 police reports against Jamaluddin.

However, the authorities failed to intervene to protect Nurhidayah from her violent abuser.

The authorities refused to arrest Jamaluddin despite the fact that he had violated the Interim Protection Order (IPO) and repeatedly harassed Nurhidayah and her family. Read more

More than one Nepalis die in Malaysia every day

Source: The Kathmandupost

malaysia-20012017082425-1000x0Jan 20, 2017- At least 386 Nepalis died in Malaysia in 2016, according to official statistics, putting the toll twice as high as in Qatar even as the two countries employ a similar number of Nepali workers.

Data acquired by the Post from Nepal’s mission in Malaysia show the fatalities, which account for more than one death per day, occurred from the beginning of January to December 27 last year.

The number is slightly less than that of Nepalis who died in Malaysia in the same period the preceding year when a total of 425 migrants had lost their lives.

The revelation is shocking as the concerned stakeholders were expecting a decrease in deaths due to a sharp fall in the number of new migrants going to Malaysia since the 2015 earthquake. Read more

EAIC initiates probe into Bera police detainee’s death

Source: The Malay Mail Online

EAIC chairman Datuk Yaacob Md Sam said that deaths in police custody should not happen as they tarnish the integrity and credibility of the authority.

KUALA LUMPUR, Jan 20 — The Enforcement Agency Integrity Commission (EAIC) announced today it has formed a task force to investigate the lock-up death of an alleged banana thief at the Bera district police headquarters in Pahang.

Chairman of Enforcement Agency Integrity Commission, Datuk Yaacob Md Sam ― Picture by Yusof Mat Isa

Chairman of Enforcement Agency Integrity Commission, Datuk Yaacob Md Sam ― Picture by Yusof Mat Isa

EAIC chairman Datuk Yaacob Md Sam said the investigation was to see if the police had mishandled the detention procedures for Soh Kai Chiok, 49, resulting in his death.

“The individual[s] found responsible for wrongdoings will also be made known,” Yaacob said in a statement.

He also said the EAIC viewed such matters seriously, adding that deaths in police custody should not happen as they tarnish the integrity and credibility of the authority.

He also urged authorities with lock-up cells not to take the detaining process of wrongdoers lightly and to adopt the improvement steps drafted by the commission.

Soh reportedly died on Wednesday from inflammation of the intestine while under police custody. Read more

Let all refugees in Malaysia work, say human rights activists

Source: The Star Online

Rohingya migrants are pictured on a boat off the southern Thai island of Koh Lipe in the Andaman Sea on May 14, 2015. - Pic form AFP.

Rohingya migrants are pictured on a boat off the southern Thai island of Koh Lipe in the Andaman Sea on May 14, 2015. – Pic form AFP.

PETALING JAYA: All refugees regardless of their country of origin should be accorded the opportunity to work in Malaysia, say human rights activists.

While welcoming the Government’s decision to provide training in semi-skilled areas for Rohingya in country who are UNHCR cardholders, activists say there should not be discrimination against other refugees.

Tenaganita programme director Aegile Fernandez said when contacted that many of the refugees here had been in Malaysia for a long time and had no opportunity to be resettled.

“There is more attention on the Rohingya now because of the situation they are in but we shouldn’t discriminate. Just extend it to all,” she said, adding that such a support system was good in the long run for the refugees. Read more