Friday, August 31, 2012

BR1M may vindicate Najib Razak yet, says Singapore paper

BR1M not just a political tool after all? Or at least that's what Singapore Business Times' veteran journalist S. Jayasankaran seems to mean as he heaps praises on Najib Razak for the "astonishing" 2nd Q GDP growth. He's singled out the Malaysian PM's "giveaway" program (e.g. BR1M), which the Opposition charged was just a vote-buying ploy, for the huge boost in domestic demand. Jaya would understand how this works as Singapore has been doing the same for several years now, giving away money to its citizens in the name of "profit-sharing". A Malaysian citizen, Jaya thinks Najib should call for the general elections now rather than later. Perhaps Najib should ...

By S Jayasankaran

Domestic demand continues to be Malaysia’s growth story

Growth in the second quarter of 2012 surged by an astonishing 5.4 per cent from a year ago versus a revised 4.9 per cent in the previous quarter and beating all the street’s expectations of 4.3 per cent.

The Financial Times called it “gravity defying.” Such adjectives may not be misplaced as the whole world is struggling to adjust to difficult economic times. Indeed, Malaysia has outstripped its neighbours in the growth stakes, a rarity at any time.

What’s clear is that Prime Minister Najib Razak’s “giveaway” programme is working. Couple that to his Economic Transformation Programme and the results have been a revelation.  Granted that the former is an election kicker but the latter, which has been widely regarded with skepticism, may yet vindicate him.

The generous government hand-outs and stronger investment spending under the ETP has clearly helped to boost growth. Domestic demand increased by a whopping 13.8 per cent from 9.7 per cent in the previous quarter. Investment spending rose massively: 26.1 per cent from 16.1 per cent in the first quarter while government spending expanded by 9.4 per cent against 7.3 per cent in the previous quarter.

Unsurprisingly, exports were down, growing only 2.1 per cent from almost 3 per cent previously. But private spending more than made up for it.

Almost all sectors chipped in. Growth was led by construction (22.2 per cent versus15.5 per cent previously). Services grew by 6.3 per cent and, even, manufacturing expanded by 5.6 per cent.

Mining growth rebounded (2.3 per cent versus 0.3 per cent in the first quarter) on higher crude oil output, while only growth in the agriculture segment contracted ( minus 4.7 per cent) due to lower crude palm oil production.

Clearly, people were spending. That was supported by "firm labor market conditions, robust income growth and improved consumer sentiment", to quote the central bank.

Mr Najib has staked his electoral chances by spending and spending big. He’s given handouts to the poor and he’s raised civil service salaries while embarking on some of the most ambitious infrastructure programmes in the country’s history. It’s a risky bet as the rating agencies have been breathing down his neck. But it’s been so far so good with the deficit, and debt as a proportion to gross domestic product, declining as growth balloons.

Economists are raising Malaysia’s growth forecasts for the year. The Bank of America-Merrill Lynch raised its 2012 GDP forecast to 4.7 per cent (from 4.2 per cent) simply based on the country’s second quarter performance.

And the central bank seems quire sanguine about the whole thing. Bank Negara expects the strong support provided by domestic demand to be sustained going forward, "although downside risks emanating from external developments remain".

Inflation remains, at 1.4 per cent, the lowest in a long time. The trick for Mr Najib is to translate these “feel good” factors into realpolitik. That is, of course easier said than done, but there is talk that he may opt for a full term which means April next year.

But most people are tired of the incessant politicking. Perhaps the premier should wait no longer and call the general election sooner rather than later.

I Love Malaysia: Say it with a cupcake

Selamat Hari Merdeka yang ke 55. I am proud to be a Malaysian. And if I could bake what I feel about this birthplace of my mine, I'd do it.

Kudos to Shaz, the Celcom boss, for being creative always. He must love cupcakes a lot.

So dudes, if you think you are good enough to win, bake a cake for our country in conjunction with Merdeka and Malaysia Day and upload it at:

Thursday, August 30, 2012

Ops Tak Selamat


Best of roads, worst of drivers. The police ditched Ops Sikap for Ops Selamat this year to step up the management of traffic during the Hari Raya period. The stats were out yesterday. The IGP himself took pleasure to announce a decrease in the number of road crashes and fatalities during the two-week campaign.

But was Ops Selamat a success? Far from it. On the contrary, it's as bad as ever.

Qucik analysis of the numbers:
19,937 accidents
243 deaths
Syukur alhamdulillah, fewer accidents and deaths this year. The last Ops Sikap Hari Raya in 2011 was bad:
19,606 accidents
289 deaths
But - and this is a pain in the butt - the fact is that's not a real improvement. Previous years' records show a yo-yo trend in road accidents and fatalities -

One year it's up ...
17,332 accidents
241 deaths
The next year, it's down!
16,817 accidents
218 deaths
Every year the number improves, the police say Malaysians seem to be more aware of the dangers of reckless driving.

For example, in 2010 when the stats were good, you read this story:

Same thing today, the news attributed the lower number of accidents/deaths to the motorists' "better attitude":

NST 30 Aug 2012

My point is, from Ops Sikap to Ops Selamat, things have NOT really improved at all. We are still killing and maiming one another by the thousands every festival. Since 2001, the average number of fatalities during Hari Raya hovers well over 215 (read this 2009 analysis in Nut Graph). Motorcyclists still make up 63-65% of the deaths. Nothing has changed. Malaysia has the best roads but the worst drivers, full stop. The IGP said it: our drivers behave better when watched. But if the cops have to watch those motorists all the time, who's going to keep an eye on the crooks?

Tuesday, August 28, 2012

Judge Raus defends controversial "bright future" rape case decision

"No doubt, (Afizal) committed an offense, but is a custodial sentence the only safeguard to ensure similar offenses of consensual sex among teenagers will not happen?" 
Keeping young offenders out of prison. Court of Appeal president Raus Sharif got huge flak for keeping a national bowler out of jail for a statutory rape committed three years ago. Yesterday, in his written judgment, Raus said what the Court of Appeal had done was to keep a young offender out of jail as there were other means of dealing with "a mistake" committed by two teenagers: Nor Afizal Azizan, the bowler, was 19 at the time and his girlfriend was 13 years and 4 months.

"Both made a mistake in engaging in premarital sex. No doubt, the appellant (Afizal) committed a offense, but is custodial sentence the only safeguard to ensure similar offenses of consensual sex among teenagers will not happen?" Raus asked.

The teens had consensual sex: they checked into a hotel in Air Keroh, Melaka on June 5, 2009 to spend a night together. The girl's father lodged a police report against Nor Afizal after he "happened to read" the girl's diary about her "sexual encounter".

Raus said parents should impose religious knowledge on their kids and schools should teach sex education, especially the dire consequences of premarital sex.

Netizens enraged by the Court of Appeal's decision to set aside a High Court's decision to sentence Afizal to 5 years'  jail had started a #brightfuturerapeOK hashtag to protest the decision. I realize that a great deal of the "rage" was ignited by the original news report, which gave the impression that the national bowler was getting off scot-free because the Court was of the view that he had a bright future! Take note that V. Anbalagan's report on Raus' judgment h e r e made no mention of anyone's "bright future". 

Friday, August 24, 2012

Anwar to quit politics after PRU13 if he fails to get Putrajaya

"Soal bila hendak bersara tidak penting dan tidak ada kaitan dengan kebajikan dan perjuangan membela rakyat. Persaraan yang bersyarat memberi gambaran bahawa motivasi dan pendorong utama beliau berpolitik ialah untuk merebut jawatan Perdana Menteri dan bukan membela rakyat seperti yang sering dilaungkannya." - Masidi Manjun of Sabah on Anwar's threat to quit politics if the people do not vote BN out of Putrajaya in PRU13, Jangan Jadi Serigala Prihatin Di hadapan Biri-biri
Original article
The Right of Reply
Anwar will pursue an academic career if he does not get Putrajaya 
Opposition Leader Anwar Ibrahim has reiterated his plan to end 30-year political career if he fails to unseat Prime Minister Najib Razak at the next election.
“I will try my best. I am confident we will win. But if not, I will step down,” Anwar said last night .. 
The end is near? They say they will fight to the end so that Malaysians can, at least, buy cheaper cars (though they won't say how or by how much), but then they do something else altogether. With the general election looming so near, Anwar Ibrahim seems to sense that the end, too, is near. So he says if we fails to become the PM after the next GE, he will quit politics. No fighting to the end. It's hard to believe him, of course, but it's rather telling when people like Din Merican, who reads Anwar like a book, isn't trying too hard to challenge or protest Anwar's pessimism.
"Failure to take over Putrajaya, trafic as it may be, is not the end of the world for (Anwar). He will still be remembered as the man who transformed politics in our country." - Din Merican's Anwar will pursue an academic career if he does not get Putrajaya.
Thanks to Blogger Ellese  for picking up the strange vibes at Din Merican's blog. Like Din, Ellese was also a fan of  Anwar Ibrahim believer until his handling of the 1998 financial crisis. "The crisis  was good for revealing to us the devil and incompetence in Anwar".  Read more at The Right of Reply

Thursday, August 23, 2012

5 Malaysian varsities in Asia's Top 99

#39 in Asia, #167 in the world
So our varsities are not the best in the Asia and certainly not in the world, but we are one of the best, according to US News' World Best Universities. In fact, we are several of the best. Universiti Malaya is ranked 39th best university in Asia. National University of Singapore is many rungs above (#3) but Malaysia can boast of having more than one in Asia's Top 100: UKM #53, USM #54, UPM #57, and UTM #76. Five top 100 varsities in Asia can't be all that bad, can it?See the rankings h e r e. 
In the US News' Top 400 list, no university from Asia makes it to the Top 20. Asia's best is ranked #22 in the world. UM comes in at #167. 
p.s. Politicians are not the only ones who will do anything to get to the top. One respectable varsity owned up that it did, too. Read Emery University Cheated ... 

Wednesday, August 22, 2012

Of poisons and toxic in Pengerang

The Sultan of Johor launches RAPID in May - TheSun
The RM60 billion petrochemical project in this sleepy hollow in Johor, just a little farther than a stone's throw away from Singapore, is making some people very, very restless. These are people who will find fault with any kind of mega projects because they feel or know that they won't be getting any of it. So if they can't have it, nobody else can. These people hide behind environmentalists. As in Lynas in Pahang, they would lie to make residents believe that their lives were in danger. But like Lynas, the only poisons and toxic that will harm the 2,000 residents of Pengerang are the lies and half-truths by these anti-mega project groups.

Big Dog, fresh from ketupat and rendang at the Johor Istana, warns the Pengerang authorities of the need to ward off the Phantoms of Pengerang and keep the people informed and not make the same mistakes the authorities at Lynas did.

Tuesday, August 21, 2012

Lee Chong Wei, a foundation for Malaysia

I read about Lee Chong Wei's foundation for the orphans and I thought he'd make a great candidate for the next general elections. I don't know if he belongs to any political party or if he's even interested in politics. But Malaysian politics needs young people like him to lead this country into the future. And to change the current landscape. Not young, spoilt ones like Gwo Burne, the PKR's Member of Parliament for Kelana Jaya, who got elected in 2008 because of his accidental Correct, Correct, Correct video clip. Not the so many youths, pemudas and puteris who are in political parties for the money, for million-ringgit projects, and for the glamour. Malaysia needs young people with big hearts who are willing to champion great causes. Someone like Lim Chong Wei.

Saturday, August 18, 2012

Aidilfitri 2012

When we were kids, we would look forward to celebrate in our kampung in Lubok China, Melaka. Each time, without fail, we would be reminded to give a doa of those "di perbatasan" who could not be home to celebrate with the family.

Do spare a thought for those on duty as we enjoy the ketupat & rendang ...

Selamat bertugas, Malaysian men and women in blue.

To my readers wherever you are, Selamat Hari Raya, Maaf Zahir Batin.

Friday, August 17, 2012

An economy in good hands

Malaysian Economic Plans Defy Global Woes, Financial Times, 16/8/12

Original Posting:-
Strong domestic demand in 2nd quarter
What the 5.4% growth means. I was waiting for Anwar Ibrahiim to belittle Najib Razak's administration over the 5.4 per cent GDP growth. He didn't because as the former Minister of Finance, he probably knew that Malaysia's second quarter expansion is no small feat. While five-point-four is not exactly a whopper by the high standards Dr Mahathir had set in order to achieve the 2020 developed country status, it is a more-than-decent performance, indeed. Most governments this week could not convey the same kind of good news to their people. Singapore reported a 0.7 per cent contraction for the same quarter, the only good news was that it was better than it had feared. Japan grew 1.4 per cent, signalling a slowdown. The European economies are still paying dearly for all sorts of mistakes - things will get worse before they get better.

There were more good tidings. According to the Economics Malaysia blog, the inflation rate is also decelerating. 
"The overall index is down, core inflation increased slightly on the month, but was offset by a decrease in the pain index. In fact the annual rate of increase in food and transport prices is now at its slowest pace in more than two years (since March 2010)." - July 2012 CPI: Still Retreating
Yes, we the citizens of Malaysia would still like cheaper education, cheaper petrol, and cheaper cars. But talk has also become even cheaper now that we know for sure that the economy is in very good hands.

Wednesday, August 15, 2012

So, Suu Kyi doesn't know?

In Defense of Myanmar and its people, blogger Barking Magpie says we must not be too quick to condemn the Burma government for "not helping".

Original posting:
No Eid for Rohingyas. For years, Suu Kyi was a name revered by many, including Malaysians. The junta were rulers of Myanmar and Suu Kyi, the country's democratic future, was under seemingly perpetual house arrest. She was a victim, the oppressed. Today, thanks to international pressure and regional support, Suu Kyi is one of the democratically-elected leaders of her country. Today, the only ones oppressed in Myanmar are the Rohingya Muslims. They are being violated and killed systematically. If there's anyone in Myanmar who could - and should - come to their support, it is the Nobel Prize winner Suu Kyi.

But she, apparently, has not. 

Read her Song of Silence by A Voice. 

Why Najib Razak's Cabinet should not fear 114A

Section 114A was passed in Parliament
Section 114A of the Evidence Act was passed by Parliament in May this year and came into effect Aug 1. Some people feel the new section was just the government's excuse of trying to suppress Internet freedom but many are of the view that it is needed to force some accountability and responsibility online.

Last night, while the "Internet blackout day" campaign staged by the anti-114A group was in progress, PM Najib Razak unexpectedly sent out this tweet:
I have asked Cabinet to discuss section 114A of the Evidence Act 1950. Whatever we do we must put people first .
To the Stop 114A group, it was very tweet of the Prime Minister, indeed! Read Malaysiakini's Evidence Act review another Najib flip-flop and PM bows to pressure ...). Najib's detractors want us to remember what flip-flopping did to the PM's predecessor! Even though Najib didn't say his government was going to review 114A - he merely said that he had asked today's Cabinet to discuss it - his detractors are already celebrating!

To me, the point to consider is very simple: Parliament, the country's highest executive body comprising representatives elected by the people, had passed section 114A. I'm sure the MPs debated the Bill and I'm quite sure they all "put people first" when they voted it in. Najib's government must respect that and let the democratic process takes its due course. Put the new law to test.

Sometimes we forget, the Internet is not inhibited only by us and our kids and our neighbours and people with good intentions. The social media and the blogs are infested with millions of strange people and strange behaviors, with crooks, pedos, cons, and even mass murderers. I believe, as I'd written on my very first tweet on the subject, that if you are not guilty of an offence, there is nothing to fear the 114A or, for that matter, any law that men have passed.

Please read this this article sent to me anonymously following Najib's tweet:
Dear Sir:
The right to freedom of speech and expression is well entrenched in our Federal Constitution, thus providing every citizen the liberty to speak their mind express their thought. 
Nevertheless, the right to do so is not an absolute one. Parliament may by law impose restrictions on the right if it deems necessary or expedient to do so in the interest of the security of the Federation or any part of it, friendly relations with other countries, public order or morality. 
Restrictions may also be imposed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, or incitement of any offense. 
Dissenting voices and opinions by citizens and organizations alike have never been curbed so long as they are expressed within the parameter allowed by law. 
Freedom of speech and expression is thriving both in the print and in cyberspace and especially so in recent times, an indication of the workings of democracy in this country. 
Towards the end of the 20th century, Malaysia embarked on the journey towards the digital age. Citizens became more IT-savvy and the use if IT devices became prevalent especially in urban areas. Mass communication via cyberspace became the norm. Blogs, websites and online social media became the media of communication. Where once writings need to be typed, writings are now written and posted and easily circulated within seconds. Where once writings were confined to those in the journalism profession, now anyone can write anything, be it in their own blogs and websites or provide comments to the writings of others. 
In the midst of the new technological landscape, writers become bolder as cyberspace provides them the veil to anonymity. Writings are penned and posted under pseudonyms. Comments are easily made to the writings of others and more often than not, without being mindful of the laws that apply to the exercise of the right t freedom of speech and expression, whether out of ignorance or otherwise. 
In the light of the new development resulting in new ways of commission of offenses, many laws have been enacted and existing laws amended to keep up with the technological advancement. 
Section 114A is and example if an amendment to the law are to keep up with cyberspace offenders. 
Contrary to allegations: 
# Section 114A is not intended to curb the freedom of speech and expression of citizens. 
# Section 114A does not shift the burden of proof of a crime from the prosecution to the offender 
# Section 114A does not make a person guilty until proven innocent. The legal notion that a person is innocent until proven guilty is and has always been upheld in this country. 
Section 114A is merely a statutory presumption which was provided to facilitate the prosecution of offenders in cyberspace. 
Statutory presumptions are not uncommon and are found in a number of laws. Examples: 
1. The presumption of dishonesty under section 409B of the Penal Code. 
2. The presumption of corruption under section 50 of the Malaysian Anti-Corruption Commission Act 2009 
3. The presumption of trafficking under section 37 of the Dangerous Drugs Act 1952. 
A statutory presumption works to presume a certain fact until proven to the contrary. The burden of proving a certain factor to the contrary is shifted to the party who would be in a better position to do so i.e. the party who has control of knowledge of the fact. 
Owners, hosts, administrators, editors or sub-editors of websites or social media accounts are deemed responsible for any content that has been published or re-published on their website whether by themselves, persons impersonating them or any other persons; subscribers or a network service which was used to publish or re-publish any content are deemed responsible for the publications; and owners or individuals in custody of an electronic device that was used to publish or re-piublish any content are deemed responsible for the publication. 
Section 114A provisions reflect the responsibility that owners, hosts, administrators, editors or sub-editors of websites of social media accounts, subscribers of a network service and owners or individuals in custody of an electronic device should bear in respect of any writings on the blogs, website and social media account for which they have control. 
They have to be responsible for the proper use of their blogs, websites or social media account, either by themselves or by others whom they have allowed access to. They should exercise full control over the publications of writings in their blogs and websites and over who can access their social media online account. 
They should understand that the use, or rather the misuse, of any blogs, websites, accounts or devices can cause great harm and thus they should take even greater care to prevent them from being misused, especially by others. 
This responsibility is nothing new. The same responsibility is borne by publishers in the real, physical world. They have to be responsible for what they publish and they should be ready to face any consequences should there be an infringement of the law in the publication. 
However, unlike the physical world where it is very easy to identify the publisher, the same cannot be said of publishers in cyberspace. Thus, the need to have provisions like section 114A. 
It is also pertinent to note that statutory presumptions cannot be applied arbitrarily. 
Firstly, before the presumption is applicable, the prosecution needs to prove primary facts, failing which the presumption is not applicable. 
Secondly, the presumption is a rebuttable presumption, meaning that the person against whom the presumption is applied may adduce evidence to rebut the presumption. If he for any reason whosoever chooses not to do so, then the presumption is deemed to be proved. 
However, if he does adduce evidence towards that end, the court shall consider whether, on a balance of probabilities, the evidence adduced has rebutted the presumption. There should not be any fear of statutory presumption if one is not guilty of an offense. 
It is also to be noted that section 114A is not only confined to the proving of criminal offenses. It is equally applicable to civil suits in particular defamation suits involving virtual publication. The new section will therefore facilitate a plaintiff to prove the publication of a defamatory statement made online. 
Laws are never hurried and passed in Parliament. Any proposed amendment to the law or law reform is discussed thoroughly with proper consultation carried out with those involved in the administration of justice such as the Royal Malaysian Police, Bar Council, Suhakam, and other relevant agencies before it is presented and debated in the Parliament. 
Section 114A does not suppress freedom of speech and expression, especially dissenting voices against the ruling government of the day. The government has always embraced the fact that dissenting voices and opinions are part and parcel of a healthy democratic system. The purpose of the new section is to protect the public and the government alike from false, defamatory and seditious information which are threats not only to an individual's rights but also to nation interest and security.

Tuesday, August 14, 2012

Section 114a according to Fatimah Zuhri

While some folks were gone on a self-imposed internet blackout to protest Section 114a of the Evidence Act, blogger Fatimah Zuhri sheds light on the blackness, and reassures us that there's absolutely nothing to fear ... if you haven't done nothing wrong ...

Amendment to the Evidence Act 1950  
by Fatimah Zuhri 
1. Are you sick and tired of the constant fitnah/lies being thrown forth and back? 
2. Are you sick of the shitty politickings that have engulfed our nation since 2008? 
3. Are you repulsed by the constant "baling batu sembunyi tangan" type of people? 
4. Well, look no further folks; soon we will have an updated version of Evidence Act 1950. 
5. Parliament is discussing to improve the old Evidence Act 1950 by introducing the 3 things:
  1. To update the name of the act to Evidence Act 2012
  1.  New definition of computer
  1.  Presumption of guilt
6. Amendment No.1 is not controversial - it is just changing the name. 
7. Amendment No.2 is needed because the definition of computer in 1950 or even 1998 is very different compared to today. Today the line between what can be considered as a computer is almost non-existent - even a mobile phone can be considered computer!
Currently, the definition in the old Act about computer is:
“computer” means any device for recording, storing, processing, retrieving or producing any information or other matter, or for performing any one or more of those functions, by whatever name or description such device is called; and where two or more computers carry out any one or more of those functions in combination or in succession or otherwise howsoever conjointly, they shall be treated as a single computer;
Parliament would like to update it to:
“computer” means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, storage and display functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include an automated typewriter or typesetter, or a portable hand held calculator or other similar device which is on-programmable or which does not contain any data storage facility;’. 
8. We are a developing nation in a modern world. Do we want to have a 50s Act for 2012? So no problem right for No.2? Good! 
9. Now, we come to the controversial part of the amendment - No.3.Parliment would like to add 3 additional information. If you do not understand, read my summary in bold.
*** Publication here refers to photos/article/tweet/posting/chat/etc.
114A. (1) A person whose name, photograph or pseudonym appears on any publication depicting himself as the owner, host, administrator, editor or sub-editor, or who in any manner facilitates to publish or re-publish the publication is presumed to have published or re-published the contents of the publication unless the contrary is proved.

Meaning: You are accused if your real name or your internet nickname is being used as the owner of an article, which is under investigation. HOWEVER if you can provide proof that you were framed and somebody else used your name to write that article, you should not be worry.
Scenario:There is an article titled "Azmin makan duit rakyat Selangor". The author wrote her name as Nazmi. Azmin brings Nazmi to court. Nazmi in her defense said "it was not me Min, sumpah! Bukan I Min! Percayalah...".
Since the article was written in (owned by Google), the police can request the IP of the "mysterious writer" from Google. Every time you log in to your blogger or Goggle account, your IP will be stored in Google system. From the police investigation, they found that the IP does not belong to Nazmi's account.Turn out the actual writer is: Faekah. 
(2) A person who is registered with a network service provider as a subscriber of a network service on which any publication originates from is presumed to be the person who published or re-published the publication unless the contrary is proved.
Meaning: You are accused if your account (UNIFI/STREAMYX/MAXIS/DIGI/etc) was used to publish an article under investigation. HOWEVER if you can provide proof that you were framed and somebody else used your name to write that article, you should not be worry.Scenario:There is photo of Izzah painted with the words "Izzah Penipu dan Gila Kuasa". The account was under the name Chua. Izzah brought Chuato court. Chua in his defense said : "Zah..bukan abang sayang...abang sayang Izzah..takkan la abang nak sabotage syg. Abg ni suka gigit...gigit telinga...sabotage ni tak main".
Every computer/phone/laptop/Xbox/etc has a MAC address. When you connect to the Internet your ISP can see this. The police check asked Chua whether he has any electronic devices and Chua replied "Only my phone sir" while looking at the officer's ear. Upon checking the MAC address of the phone, the MAC address did not match.
Turn out the actual writer is: Azmin. 
(3)Any person who has in his custody or control any computer on which any publication originates from is presumed to have published or re-published the content of the publication unless the contrary is proved.
Meaning: You will get accused if your electronic devices have publications which is under investigation. HOWEVER if you can provide proof that you were framed and somebody else used your name to write that article, you should not be worry.Scenario:A tweet goes like this: "@anwaribrahim, you penipu kaum India! You promise macam2 sebelum GTX12 tapi skrg habuk pun tarak ada. @#$%@#%". The account was tweeted under the account psurendram. In anger, Anwar brought Surendran to court and in Surendran's defense he said: "Boss...sampai hati boss tuduh saya macam ini...lupakah janji2 kita dahulu? Sebangsa, Sejiwa, Sehidup, Semati? Cuma tak selubang sahaja...tu ka sebab boss marah?"
When a tweet is posted, all our tweets are stored in Twitter's many servers. Just like Facebook and Google, they also save for each tweet, info associated with that tweet e.g. time, date, location, IP, device name etc. The police can get these associated details of the tweet from Tweeter. Upon investigation, it was found that actually Surendran is innocent.
Turn out the culprit was someone who got jealous with Anwar's attention towards Surendran. He got so jealous that he took Surendran's phone while Surendran was busy entertaining Anwar and made that tweet. That person was Azizah! 
10. If you are innocent then there is nothing to be worried. It is just an amendment to update the Act so that it is relevant according to our time. 
11. Don't believe the hype that you can no longer FBooking or Tweeting. You can but post/tweet only truth! If you want to expose about the latest corruption involving Ministers or Agencies, please do so BUT provide evidence.
No Evidence = Fitnah. Simple no? 
12. Freedom of speech and expression is upheld. Freedom of spreading malicious FITNAH is not!

Old Evidence Act 1950 - The New amendment -
It's one of the most re-tweeted links on the subject, so make sure you leave your comments h e r e.

Monday, August 13, 2012

Waiting for Pandelela

Pandelela's dad and his trusted kapcai

Najib to honour Malaysia's first. A father's Olympian sacrifice is a story that celebrates the extraordinary feat of an ordinary Malaysian named Pamg Joheng. Most of us won't even know how to pronounce his name but without Pamg, Malaysia would still be waiting for its first woman Olympic medalist. That young woman - Pandelela Rinong - returns home tomorrow (Tuesday) morning with a bronze. And instead of asking for the sky, this proud father said all he's asking for is for "... the sports council will give her some sort of leave so we can spend time with her as a family".

That is the very least the government will do for Pandelala. According to the tweets of former NST Kuching boss Firdaus Abdullah, Prime Minister Najib Razak will be setting aside time later this week (probably Friday) after his return from a meeting abroad to honour Pamg's daughter Pandelela. [Yesterday, just before leaving for the Middle East for the OIC meeting, the PM presented Lee Chong Wei, who came back from London with a silver medal, with RM500,000].

I hope Putrajaya does not forget to make arrangements to fly Pamg and the rest of the family to be there with Pandelela on that day. 

Sunday, August 12, 2012

A Letter from a Pakistani, recently in Malaysia


 Dear Readers, I would like to share this Letter to the Editor that I posted on Twitter earlier this morning. It's always good to know when other people look up to us, even when we ourselves look down on one another ....
PESHAWAR: I recently visited Kuala Lumpur for an angioplasty of some calcified coronary arteries of my father at the Institut Jantung Negara (National Heart Institute). Malaysia is a modern, secular country and has excellent health facilities. However, the downside to this was that seeing such a prosperous country made me wonder at the state of my own country, which seems absolutely backward in every walk of life. May I also add that Malaysia gained its independence in 1957, a decade after Pakistan!
The technology used by the doctors at the medical institute in Malaysia enabled all the calcified vessels in my father’s heart to be unblocked successfully. In Pakistan, doctors had advised my father after the angiogram to have a CABG (coronary artery bypass graft).
Apart from the quality of healthcare on offer, I also found the country to be a peaceful place where people of various ethnic groups, such as the Malay, the Chinese and Tamils, all live in peace and harmony. It is because of this unity and togetherness that Malaysia is a successful and developed country. In Pakistan, we have to live with sectarian violence with Sunni killing Shia and Shia killing Sunni. There is also ethnic violence in Balochistan where settlers from Punjab are targeted.
The next important thing is that Malaysia is a secular country where there is no ban on anyone following/practising any religion. Due to this secular approach, Malaysia is able to attract millions of tourists from all over the world, and this in turn means that tourism is an important contributor to the country’s economy.
Pakistan’s bad luck is that it never got any charismatic leader who could take it on the path of development like Malaysia had with Mahathir Muhammad. Furthermore, as a nation we have no respect for the law and no one, at any level, wants to follow it. A small but apt example is how we follow our traffic laws with most of us following them in the breach. However, in the case of Malaysia, people follow them in letter and in spirit.
Quite clearly, we need to learn a lot from countries like Malaysia. 
Mian Muhammad Imran
Published in The Express Tribune, August 12th, 2012.

SC's new chief to come down hard on news portal

1. The outing of the Insider's Auta by SatD
2. Below, an exchange resulting from the posting SC should throw the book at TMI  
Anonymous said...
Is TMI a listed company on the Bursa? What's your beef? 2:50 PM
A Voice said... 
No beef sir, just the law.
To advise in selling and buying of shares, one have to be licensed.
To benefit from market sensitive information like insider trading, it is an offense.
To leak market sensitive information with giving sources, it comes under unethical journalism for practising journalist of MI.
Market manipulation is an offense under securities law ounishable by imprisonment.
So does insider trading.
It is basic. 3:02 PM

Original Article:
According to sources (not mine), reclusive SC Chairman Ranjit Ajit is considering coming out in the big open like Batman did in The Dark Knight Rises to lynch the bad guys - in this case the people behind The Malaysian Insider. But you know-lah, some sources (especially if they are not your own) can't be trusted. I think that's what blogger Big Cat is trying to tell her friend Mr Jahabar Saddiq in Malaysian Insider's Monkey Sources. 

Another source (again, not mine) said perhaps it wasn't a "source" after all, but someone the MI boys can't defy and someone who has a lot to lose if the E & O - Sime Darby matter did not go his way. Go figure!

Ranjit is known to be a no-nonsence guy and is not likely to let the Malaysian Insider off lightly. But whatever he does, don't bully journalists lah, ok? Join the dots. Find out who's behind the unscrupulous article (promptly denied in the Star, SC: Sime doesn't need to make MGO).

Friday, August 10, 2012

Sebangsa, Senegara, Sejiwa ... SeMalaysia

1Malaysia lah tu ...! A poll by The Malay Mail earlier this week found a whopping 98% of "rakyat Malaysia" preferred Pakatan Rakyat's "Sebangsa, Senegara, Sejiwa" theme for the nation's 55th Merdeka to Rais Yatim's "Janti ditepati". Read h e r e. The problem I have with these instant left-or-right/black-or-white online polls - lazy bloggers conduct this kind of polls all the time - is that anyone with a login can respond, often repeatedly.

In the case of the Malay Mail's survey, the findings may also suggest any or all of the following:
1 that 98% of the newspaper's readers are supporters of Pakatan Rakyat:
2 163 Malaysians are actually fond of Rais Yatim
3 the editors at the Malay Mail had nothing better to do
Rais Yatim's masterpiece

What remains intriguing, though, is the theme of the Pakatan Rakyat's 55th Merdeka that's touted as better than Rais Yatim's own masterpiece. If you ask me, I say Samad Said's Sebangsa, Senegara, Sejiwa is the dumbest gimmick that Pakatan Rakyat has manufactured since March 2008 (with apologies to M. Manoharan).

In trying to make Rais Yatim look dumb, they have succeeded in becoming dumber!

Sebangsa, Senegara, Sejiwa ... SeMalaysia!
SeSamad SeSaid's Sebangsa, Senegara, Sejiwa
 Satu Bangsa, Satu Negara, Satu Jiwa = Satu Malaysia!
For a party that said it would not accept Najib Razak's unifying 1Malaysia concept, Pakatan Rakyat has come up with a Merdeka theme that in essence embraces, emulates, plagiarizes, copulates, immortalizes  that very concept! they despise. Imitation is the sincerest form of flattery.

In other words, PR has finally, after all these years, admitted that they believe in 1Malaysia!

p.s. Pakatan said it hopes the Federal Government will adopt the Sebangsa, Senegara, Sejiwa theme. Why not, eh? I would hereby like to Copyright:1Bangsa! 1Negara! 1Jiwa! ... 1Malaysia! 

Read also
(Finally) One Merdeka theme for all Pakatan states
Penang confirms changing standing over N-Day theme
Logo Merdeka Pakatan ada elemen Kristian (left)

Thursday, August 09, 2012

In Malaysia, it's ok to rape a minor If you're a star?

With updates:
Child Rapist Walks Free in The Mole
The  minds of Malaysian Netizens are boggled by the Court of Appeal's verdict. @klubbkiddkl, probably the most-followed journalist on Twitter, has started the hash tag #BrightFutureRapeOK to start a discussion among his 225,000 followers.

The Facebook movement against crime, MARAH, has also started a forum on the subject. It has over 10,000 members.

Read also: Anger and ire over court ruling on alleged rapist

Original Article: 
"Public interest will not be served if (the rapist) was given a custodial sentence when he had a bright future ..."
Read this article and throw up!
08 August 2012 | last updated at 03:45PM
National bowler escapes custodial sentence for statutory rape
By V. Anbalagan 0 comments

PUTRAJAYA: A national bowler escaped custodial sentence for committing statutory rape with a 13-year-old girl three years ago.

The Court of Appeal yesterday allowed Noor Afizal Azizan's appeal against the High Court decision to sentence him to five years jail.

A three-man panel led by Court of Appeal president Tan Sri Raus Sharif substituted the jail term with a bound over for good behaviour for five years.

If Noor Afizal breached the order, his bailor will have to pay RM25,000.

Raus in his decision agreed with counsel Hisyam Teh Poh Teik, who represented Noor Afizal, that public interest would not be served if his client was given a custodial sentence when he had a bright future.

Hisyam said that Noor Afizal was 18 years old when the offence was committed.

The Sessions Court in Malacca bound over Noor Afizal for good behaviour on a RM25,000 bond for five years after he pleaded guilty to raping the girl at a hotel in Ayer Keroh, Malacca on June 5, 2009.

The Sessions Court, on July 5 last year, in binding him over considered several factors including that there was a consensual sexual relationship between him and the girl.

The public prosecutor successfully appealed to the High Court on Sept 20 last year and obtained a five year jail term.

Noor Afizal, now 21, represented Negeri Sembilan between 2004-2010 and at the same time he represented Malaysia in the National Youth Category for five years between 2004-2008.

He is expected to represent Kedah in several up-coming tournaments such as the KL International Open Championship 2012.

Deputy Public Prosecutor Nadia Hanim Mohd Tajuddin appeared for the prosecution.
Read more: National bowler escapes custodial sentence for statutory rape - Latest - New Straits Times

Consensual sex? Excuse me. The girl was 13 when she was raped by the man (who was 18 when the crime was committed). She would be 16 and still a minor today. What consensual sex?
So what is the message that YA Rauf Sharif is sending to us? That it is not ok for a loser to rape someone's little girl but it is OK if the rapist happens to be a fantastic bowler, a national star, someone with a bright future? 
What about the minor's future?

Tuesday, August 07, 2012

Whistleblower Protection Act: Don't Let it be Misunderstood

Notes: The sender of this letter says the on-going case involving Rafizi Ramli vis-a-vis the National Feedlot Centre (NFCorp) issue should not deter Malaysians from blowing the whistle on wrong-doers because the Whistleblower Protection Act 2010 [Act 711] does provide safeguards ... "The whistleblower protection mechanism in the Act clearly states the types of disclosures that can be made, to whom it’s to be made to, how one qualifies for whistleblower protection and how he may lose it, its enforcement procedures, acts which amount to offences and their penalties. It’s all there, all clear. Nothing hidden, no diabolical plan behind it."

Dear Rocky,
Good intentions are always misunderstood, especially if one already has prejudices clouding their minds, and opposes every good intention of the Government. Any new idea or policy introduced is more often than not met with sneers, ridicule and straight-out criticism –everything is seen as a tool for the Government to close its ranks and protect its own.

The aim of the Whistleblower Protection Act, even before it came into being, has always been very clear  - to protect those disclosing information on wrongdoings from being victimized for making the disclosure. The protection is extended indiscriminately to every citizen from every walk of life, be it in the public or private sector, so long as the disclosure is made in accordance with the mechanism encapsulated within the Act. The way this Act works is the same way in which other whistleblower legislation works in countries that have long provided for whistleblower protection, which, incidentally, were referred to in drafting the Malaysian legislation.

The whistleblower protection mechanism in the Act clearly states the types of disclosures that can be made, to whom it’s to be made to, how one qualifies for whistleblower protection and how he may lose it, its enforcement procedures, acts which amount to offences and their penalties. It’s all there, all clear. Nothing hidden, no diabolical plan behind it.

Unfortunately, when one is blinded by his misconceptions and prejudices, he chooses to see only what he wants to see and believes only what he wants to believe. Had it been any Tom, Dick or Rafizi who did the “whistleblowing” and the misconduct disclosed of not connected to some former Cabinet Minister, things would probably not turned out the way it did. However, with the players in this little tale being who they are and what they represent, fingers were automatically pointed and accusations hurled without anyone bothering to do a little homework before putting their foots into their mouths.

Graphic by Beruang Biru
Yes, our dear Mr. Rafizi blew the whistle. Is he a whistleblower within the textbook definition of “whistleblower”, then? Not quite, as most dictionaries define a whistleblower as an employee who reports of employer misconduct. Is Mr. Rafizi an employee of NFCorp? That fact is very much doubted. The kind people who drafted the Malaysian legislation didn’t want to be confined to the textbook meaning of whistleblower and instead broadened it to be any person who makes a disclosure of improper conduct. Does this make Mr. Rafizi a Malaysian whistleblower, then? Not quite either. Read the definition of whistleblower in section 2 of the Act and the magic words “to the enforcement agency” towards the end of the sentence gives you the answer. Unless the two people that he disclosed the information to can, by any stretch of the imagination, fall within the meaning of “enforcement agency” also found under section 2, then our dear Mr. Rafizi is also sadly denied the title of Malaysian whistleblower. If he can’t even whistle blow the Malaysian way, how can he be protected?

If he’s not a textbook whistleblower and he’s not a Malaysian whistleblower, who is he then? A good Samaritan intending to put right the wrong that has long been going on without any slightest consideration to protect or spare his informer, a person described as any other person named in the disclosure of improper conduct who would suffer any risk or loss if his identity is disclosed as described in the definition of “a whistleblower” in Act 711, or a person with a hidden agenda who is not above using unscrupulous means to achieve that agenda? It’s for the court to decide. Either way, with the manner and clouded intent in which he made the disclosure, he does not deserve whistleblower protection legally or otherwise. 
Thank you.

Why Anwar's camp is so against George Kent getting that LRT project

Jebat Must Die really should blog more often. Known for his painstaking research and sharp perspectives, this anonymous blogger has made it his mission to expose the half-truths plaguing the more serious parts of Malaysia's blogsphere, where politicians and their machais lurk and conspire to fool some of us and, sometimes, all of us.

His latest posting Anwar Ibrahim's LRT Project is a fine example of what JMD does best. Malaysia Today has a link, with these telling excerpts:

Note to readers: Please leave comments at JMD's H E R E.

DAP's Manomoron says sorry to Lee Chong Wei and family ..

The DAP, not just Mano, owes the people, and not just LCW and family, an apology. Lim Guan Eng and daddy seemed to think it's enough for them to distance themselves and the party from M. Manoharan's "grossly insensitive remarks" (Guan Eng's words) about Lee Chong Wei and how "Malaysia will win an Olympic gold medal after Pakatan Rakyat takes over Putrajaya". 

Guan Eng said that Mano, the Hindraf man from DAP, "does not represent DAP" (funny, Mano is DAP state assemblyman for Kota Alam Shah). Guan Eng also pledged RM100,000 (not his) to Lee Chong Wei for his silver medal at the London Olympics.

Lim Kit Siang is also on damage control overdrive mode. He wants the Federal government to make LCW Malaysian Sportsman of the Decade and said Manoharan will apologize for his stupid remarks (in what The Malaysian Insider describes as an attempt "designed to control the fallout from Manoharan's remarks". Read h e r e.

Kit Siang's wish is a command to Mano, so the mo had to say sorry. (Either that, or Kit Siang must have told Mano he won't be dropped from PRU13 if he quickly and deeeeply apologize! Mano, many know, was already on the way out for his performance since getting elected in March 2008).

Hence, the "deeply regret" and "heartfelt apologies" to Lee Chong Wei and his family, about an hour ago.

Kit Siang and Guan Eng can make Mano apologize because they are his boss.

But this is not just about Lee Chong Wei and his family.

Mano's grossly insensitive remarks hurt millions of Malaysians that night, not just LCW. Mano, flanked by Guan Eng and Kit Siang, must apologize to those people. 

The Sun pic: Supporters give LCW a hero's reception at KLIA this morning

One hundred thousand ringgit doesn't suddenly make it right. Some may even view it as an attempt to bribe!