After husband shot by cops, widow urges independent probe

Source: The Malay Mail Online 

PERAK 20-12-2017.An emotional R.Vaijentimala pleaded for justice, as Marimuthu’s shooting had placed her nine-month old daughter and herself in a desperate situation. MALAY MAIL/Farhan Najib

IPOH, Dec 20 — The widow of a man shot by Perak police in Air Kuning, Tapah last May urged today for an independent investigation into the shooting that killed her 41-year-old husband.

R. Vaijentimala, 41, wanted a murder investigation launched into what she believed to be the wrongful shooting of her husband M. Marimuthu on May 24 2017.

To this end, she lodged a police report at the Ipoh police district headquarters earlier today, accompanied by her family and her lawyers N.Surendran and Latheefa Koya.

Surendran said that the family’s questions were based around the trajectory of the bullets which entered Marimuthu’s body.

He claimed the official post-mortem report contradicted Perak police chief Datuk Hasnan Hassan’s account of the shooting.

“Hasnan was quoted in the press saying that the suspect exited his car and fired at police, who then retaliated by shooting him twice in the chest,” he told reporters outside police headquarters.

“However, the post mortem report states that one of the bullets entered his body at a downward 40 degrees angle.”  Read more

New drug law would give AGC power of life and death, says MP

Source: Malay Mail Online

KUALA LUMPUR, Nov 29 — Putrajaya’s proposal to make the death penalty optional could instead allow the Attorney-General’s Chambers to decide if an accused should die for his crime, said PKR’S N. Surendran.

Criticising the government for stopping short of removing the death penalty in the proposed amendments to the Dangerous Drugs Act 1952, the Padang Serai MP said the change would mean the courts could only opt for a lesser sentence if the prosecutor was agreeable.

“The Bill does not go far enough, gives the power to decide life or death to the public prosecutor and is in breach of the doctrine of separation of powers.

“The new amendments are thus a serious trespass upon judicial authority and infringe the constitutional doctrine of the separation of powers. The act of sentencing and the type of sentence must be purely a judicial exercise, without any involvement whatsoever of the executive. Read more

MACC panned for dressing Isa Samad, Penang exco as prisoners

Source: The Malay Mail Online

KUALA LUMPUR, Aug 17 — The Malaysian Anti-Corruption Commission (MACC) violated rights and procedures by dressing Tan Sri Isa Samad and a Penang lawmaker as detainees when presenting them in court, said a federal lawmaker.

PKR’s N. Surendran said accused individuals have the right to wear their own clothes while they remain on trial, and forcing them to publicly don attire reserved for prisoners was prejudicial to them.

“Being forced to wear these bright orange uniforms and being paraded thus in the court premises is humiliating to the arrested person and creates the perception that he is indeed a wrongdoer or criminal, even though the court has not pronounced guilt,” he said.

The Padang Serai MP pointed out the practice was both against Article 5 of the Federal Constitution that guarantees equality before the law as well as the commission’s own standard procedures.

Former Felda Global Ventures chairman Isa and Penang exco Phee Boon Poh were both brought to their respective remand applications wearing the MACC’s signature orange attire that denotes an inmate of the commission. Read more

Lawyer: MP’s suit against Pandikar to uphold Parliament’s dignity

Source: FMT News

PETALING JAYA: Lawyer N Surendran has taken Azalina Othman Said to task for criticising a PKR MP who filed a suit against the Dewan Rakyat speaker over the rejection of questions related to 1MDB.

Surendran said it was “shocking and without precedent” for the minister to have lashed out at Petaling Jaya Selatan MP Hee Loy Sian, as the right of access to courts and justice is guaranteed under the Federal Constitution.

“Far from undermining Parliament as alleged by Azalina, Hee’s legal action is intended to uphold the dignity and role of Parliament, which is to scrutinise the actions of the executive.

“The rejection of the 1MDB questions was unconstitutional and undermined the proper functioning of Parliament,” he said in a statement today.

Yesterday, Azalina who is a minister in the Prime Minister’s Department, said Hee’s action had tarnished the good name of the Dewan Rakyat. Read more

MP takes Pandikar to court for rejecting 1MDB questions

Source: FMT News

KUALA LUMPUR: Petaling Jaya Selatan MP Hee Loy Sian has filed a lawsuit against Dewan Rakyat Speaker Pandikar Amin Mulia and the House secretary over the rejection of his questions related to 1MDB.

The PKR lawmaker is seeking a court declaration that Pandikar’s decision to reject his questions related to 1MDB dated July 21, be made null and void.

Hee had requested to ask the government whether it had raised any objection on the United States Department of Justice’s (DoJ) forfeiture suit. He also wanted to know the whereabouts of businessman Low Taek Jho (Jho Low) as well as the status of Jho Low’s citizenship as he was alleged to have more than one.

He claimed Pandikar’s action in rejecting his questions on 1MDB had breached his constitutional rights and the rights to free speech in the Dewan Rakyat. Read more

No basis for Zahid’s best police in Asean comment, say lawyers

Source: FMT News 

PETALING JAYA: Human rights lawyers have expressed their disbelief over Deputy Prime Minister Ahmad Zahid Hamidi’s statement yesterday, that an international body had rated the Malaysian police force as the best in Asean.

“Can Zahid tell us which so-called international body said this? (It’s) quite hard to believe,” lawyer Latheefa Koya said in a text message to FMT today.

Zahid, who is also the home minister, did not name the international body which had given the rating, or furnish any other details to back the statement he made at the “Addressing Perception on Safety and Security” forum yesterday. Read more

Lawyer says execution of two men an ‘unlawful act’

Source: FMT News

Family of executed brothers wants authorities to explain why they were hanged in a rush, with legal process not exhausted, says lawyer N Surendran. Pic from FMT News.

PETALING JAYA: The family of Rames and Suthar Batumalai, who were hanged four months ago over the murder of a man, is seeking explanations over their execution.

The family’s lawyer N Surendran, in a press conference today, said the family wants the Kajang prison authorities and the home ministry to explain why the execution was carried out without exhausting the legal process.

“When the execution was carried out, the outcome of the clemency petition was still pending. “A clemency petition is part of the legal process, not some discretion. It is not a privilege, but a legal right. Read more

Malaysia broke international law by executing brothers before clemency hearing – activists

Source: Asian Correspondent

Brothers Rames & Suthar Batumalai were executed at dawn on Wednesday 15 March 2017.

Brothers Rames & Suthar Batumalai were executed at dawn on Wednesday 15 March 2017.

MALAYSIAN authorities acted in violation of international law when they executed two brothers on death row, even before the disposal of their appeal for clemency, local human rights defenders alleged.

According to Amnesty International Malaysia director Shamini Darshni, international law clearly states that, “executions may not be carried out pending any appeal or other proceeding relating to pardon or commutation of the sentence.”

She noted that the brothers – Rames Batumalai, 45, and Suthar Batumalai, 40, two Malaysian nationals convicted of murder in 2006 – were hanged to death at dawn on Wednesday, two days before their pre-determined date of execution and while their clemency application was yet to be heard.

Haresh Mahadevan, the lawyer representing the brothers, had filed a new application for clemency on Feb 23, which halted their scheduled Feb 24 execution at the last hour. Pending a review of the application, the executions were set for Friday, March 17.

Earlier this week, however, authorities told family members of the two death row inmates that they would be hanged at dawn on Wednesday. Read more

Kenapa masih belum ada tangkapan kes Balamurugan, kata peguam

Sumber: FMT News

N Surendran dan Latheefa Koya berkata menteri dalam negeri tidak boleh mendiamkan perkara itu kerana sudah 5 minggu kes itu berlarutan sejak kematian Balamurugan dalam tahanan polis. Gambar dipetik dari FMT News.

N Surendran dan Latheefa Koya berkata menteri dalam negeri tidak boleh mendiamkan perkara itu kerana sudah 5 minggu kes itu berlarutan sejak kematian Balamurugan dalam tahanan polis. Gambar dipetik dari FMT News.

PETALING JAYA: Lima minggu selepas kematian dalam tahanan S Balamurugan, peguam mewakili ahli keluarganya mempersoalkan tiada lagi tangkapan atau pertuduhan dibuat berhubung kes itu.

Dalam satu kenyataan bersama hari ini, peguam N Surendran dan Latheefa Koya mempersoalkan mengapa masih belum ada tindakan walaupun gambar bedah siasat menunjukkan tahap kecederaan Balamurugan.

Peguam itu berkata keputusan bedah siasat kedua yang dijalankan Hospital Kuala Lumpur menunjukkan Balamurugan mengalami beberapa kecederaan di dada, kepala, kaki dan belakang, membuktikan beliau diserang dengan teruk ketika dalam tahanan polis.

Bulan lalu, pegawai polis yang dipercayai terbabit dalam kematiannya dipanggil untuk soal siasat. Bagaimanapun, Ketua Polis Selangor Abdul Samah Mat berkata pegawai terbabit tidak boleh digantung tugas.

“Kami masih menyiasat mereka. Kami tidak boleh menghukum seseorang sebelum siasatan lengkap untuk menentukan jika berlaku sebarang salah laku,” kata Abdul Samah.

Balamurugan, 44, meninggal dunia pada 8 Februari ketika ditahan di balai polis Klang Utara. Dia ditahan pada 6 Februari dan dibawa ke mahkamah bagi mendapatkan perintah reman keesokan harinya. Read more

Bopim hails Surendran’s stand on ‘preventive detention’

Source: FMT News

KOTA KINABALU: A human rights advocate stressed that Padang Serai MP N Surendran “hit the nail on the head” with his statements on two consecutive days, on preventive detention. “He gave as good as he got, in fact even better,” said Daniel John Jambun in a telephone interview.

“Deputy Home Minister Nur Jazlan doesn’t have a leg to stand on.

“Nur Jazlan was forced to degenerate into rhetoric and polemics.”

Jambun, who heads the UK-based Borneo’s Plight in Malaysia Foundation (Bopim), urged the Federal Government to emulate what other nations were doing on national security and on combating terrorism.

“These nations hit by terrorism, including long-suffering India for example, don’t have detention without trial.”

There’s no reason for Malaysia to have such laws, he continued, even if it suffered terrorist attacks like so many other countries in the world.

“It’s high time that the Federal Court declared the intention of the framers of the Constitution and the intention of Parliament on national security.

“National security cannot be used as a euphemism to deny civil liberties and human rights.” Read more