> T'ganu to withdraw oil royalty suit

Terengganu Menteri Besar Ahmad Said said the nine-year-old suit against the federal government for withholding oil royalties will be withdrawn in March.  

At a press conference in Kuala Terengganu today, Ahmad (right) said that the state government was still ironing out several legal technicalities before the suit can be withdrawn.  

“Under our arrangement with Petronas, they are suppose to pay us twice a year - in March and in September,” he said in reference to the five percent royalty which the company is to pay to the oil-rich state. 

Our legal advisor is in the process of withdrawing the suit but there are one or two technical issues which needs to be resolved first.”

If all goes to plan, the Terengganu government should assume full control of the oil royalties, estimated at about RM1 billion annually, by March. 

The federal government had in 2000 withdrew payment of oil royalties months after PAS took control of the state in the 1999 general elections.

Subsequently, the then-PAS government filed a suit against the federal government for denying oil royalties, which it argued was meant to be a punishment to the opposition-controlled state. 

Instead the oil royalty payments - now renamed ‘wang eshan’ (goodwill payment) - were channeled directly to BN-controlled agencies for disbursements to the state.  

However, even after BN had recaptured Terengganu in 2004, the federal government did not restore oil royalty payments to the state government.

It was only after Ahmad took over the menteri besar post in March last year, with the backing of the Terengganu sultan, that the payments were restored.   

However, Ahmad denied allegations that Terengganu had yet to drop the law suit in order to threaten Putrajaya into returning the oil royalty to the state coffers.  

“There are no threats. We (federal and state government) are like father and son,” he said.  

No infighting within state Umno

On the on-going Barisan campaign, Ahmad denied that the party machinery was being hampered by infighting among party factions.  

“We don’t have a problem with the candidate. We only nominated one. I did not nominate anyone else. .. He (Wan Ahmad Farid Wan Salleh) was endorse unanimously at the division and later at the state level,” he said. 

Instead he said it was PAS which was split with the party Terengganu chief, Mustafa Ali, seeking to offer himself as the by-election candidate.  

“We’re not like PAS. Everyone knows there was a struggle (over the PAS candidate),” said Ahmad, adding that Mustafa wanted to contest as it would be his ‘last chance’ due to his age.  

Asked on his evaluation of Wan Ahmad Farid (left), the BN’s candidate in the by-election, Ahmad was non-committal.  

“If I want to say I’m satisfied, that would be difficult. If we have weaknesses, we should improve ourselves,” he said, adding that Wan Ahmad Farid, who was a senator, has no experience in contesting for either the state or parliamentary constituency.

Wan Ahmad Farid is squaring off against five-term Wakaf Mempelam assemblyperson and PAS candidate Abdul Wahid Endut and independent candidate Azharuddin Mamad in the crucial Jan 17 by-election - Malaysiakini.

> Penang withdraws stop work order

The state government has allowed MMC-Gamuda Joint Venture Sdn Bhd to resume work on its electrified double-track project through mainland Penang.

Chief Minister Lim Guan Eng said today the government made the decision after receiving assurance from the company that it will settle pending payments worth RM 7.4 million owing to the state.

He explained that the company has made partial payment of RM4 million and undertaken to finalise the remaining amount by Chinese New Year.

Of the amount, RM 3.2 million was owed as drainage contribution to the state government, while some RM 4.2 million was mainly fines to the Seberang Perai Municipal Council (MPSP) for conducting work without planning permission, he said.

The state government issued a stop-work order on the project last month after the company failed to submit planning permission application to the MPSP, Lim explained at a press conference at his office in Komtar today.

He also dismissed reported criticism by state Opposition leader and state Umno secretary Datuk Azhar Ibrahim that the Pakatan Rakyat administration’s initial decision to stop the project was political motivated.

"The state government wants the project to go smoothly," Lim said.

"Even though we have not collected the full amount, we are willing to allow work to continue. So what Azhar said has no basis."

Azhar was reported by a Malay-language daily today (7 Jan) as saying that the state’s stop-work order on the double track project which stretches from Ipoh to Padang Besar was related to the federal government’s refusal to approve some of the state’s requests.

"We are not like the state opposition which thinks that everything is political," Lim said.

"If we wanted to stop this project, we would have stopped it earlier."

On the issue of compensation for squatters and residents living on land that is needed for the rail project, Lim said the state was waiting for the company to respond on the amount it was willing to give.

Gamuda group managing director Datuk Lin Yun Ling had reportedly said last month that the the project was delayed in Penang because of land acquisition problems related to the squatters.

Lim responded on Dec 19 by shooting a warning to Gamuda not to blame the state for the delay - theSun.

> Suhakam: Cops guilty of excessive force

A Human Rights Commission (Suhakam) inquiry panel has found that the police used excessive force during the Bandar Mahkota Cheras (BMC) fracas on May 27 last year.

The panel held the unanimous opinion that there was excessive use of force by the police and the Federal Reserve Unit (FRU) personnel on 23-year-old mechanic Chang Jiun Haur (left) and his employer, Chan Siew Meng.

Chang had claimed that the FRU and police had stopped his car and assaulted him and his three passengers when they unwittingly arrived at the scene of a protest by BMC residents.

Agreeing with Chang, Suhakam commissioner and head panel-member Zaitoon Othman told a press conference that excessive use of force by the police and FRU “had violated the safety and security” of Jiun Haur and Siew Meng.

While no excessive force was used on the other two passengers - Jiun Haur’s sister Jiun Mein and his friend Chok Kem Hoo - Zaitoon said “nevertheless, their safety and security were threatened by the aggressive actions of the law enforcement personnel”.

In the report, the panel said it acknowledges that police officers may use force and firearms in the discharge of their duty to maintain law and order.

This particular incident, however, did not warrant the use of excessive force by the FRU and police involved, it said.

While the panel found that law enforcement personnel were responsible for the violation of the victims’ human rights, it was unable to identify who in particular was responsible for the violation.

This is due to the "contradicting and unclear evidence" obtained from witnesses, explained Zaitoon.

Two witnesses had identified FRU personnel Lance Corporal Shahrizan Abdul Rashid as being among the alleged assaulters of Jiun Haur and Siew Meng.

Zaitoon, however, said this finding could not be used as “conclusive” as the witnesses had also identified Shahrizan as having been at Bandar Mahkota Cheras prior to May 27, 2008.

Shahrizan’s testimony - that he was on duty at Bandar Mahkota Cheras only on that night and had not been there on any other date - was corroborated by evidence given by several other police personnel.

On claims that Jiun Haur’s was driving recklessly and had refused to get out of his car when ordered to do - therefore leading to the assault - Zaitoon said the panel could not deliberate or comment on this, because the allegations have become the subject of a court case. 

Section 12(3) of the Suhakam Act 1999 prohibits the commission from enquiring into any matter that has become the subject of proceedings in any court of law.

Recommendations for police

The panel recommended that the FRU and police urgently implement international standards, among other measures, to restrain use of force and to apply force only gradually in accordance with the situation.

Any injury resulting from use of force by police personnel should be reported promptly to their superior officers and steps must be taken to treat those injured, said Zaitoon (centre in photo).

It was revealed during the inquiry that 15 minutes had elapsed between the time Jiun Haur and Siew Meng were taken to the police station after the assault, and when they were taken to the hospital for medical treatment. 

Upon receipt of such reports, Zaitoon said, there should be “an effective review process available with the exercise of jurisdiction of independent administrative or prosecutorial authorities and the report shall be subjected to administrative review and judicial control”.

To a question, panel member Chiam Heng Keng (left) said this recommendation was in reference to the creation of an Independent Police Complaints and Misconduct Commission.

Panel-member Khalid Ibrahim, meanwhile, called on the police and FRU to require their personnel to display their names and badge numbers visibly during field operations.

This would not only facilitate identification of the personnel but also remind them of their duty to uphold people’s human rights, said Khalid.

The panel’s concluding recommendation was for the police to conduct their own investigation to ascertain those responsible for the violations and to recommend to the public prosecutor that action be taken against them.

The report, said Zaitoon, will be submitted immediately to the police, Home Ministry, attorney- general’s chambers, and the complainants.

To questions as to whether the report would have any effect, Zaitoon said: “We can only present our recommendations. We are not in a position to know what the authorities are going to do. But as long as we continue making our observations... and recommendations, we hope they will be taken up.”

On the same point, Khalid (left) said there have been gradual improvements in the police force, as evidenced by the increased restraint in the use of force, compared to past incidents.

“It’s not that easy to make them comply all the time, but I hope that they will minimise their mistakes (over time),” he added. 

The panel, which began its inquiry last July, was set three terms of reference:

a) To inquire whether or not any law enforcement personnel, in performance of their duty to maintain law and order, had used excessive force during the incident;

b) If there was excessive use of force, whether there was any violation of human rights of any person(s) and if so, who was responsible for this; and

c) To recommend what action should be taken against those responsible for violation of human rights - Malaysiakini.

> KT victory will reinvigorate takeover plans

Opposition Leader Anwar Ibrahim has renewed his vow to seize power from the ruling coalition, as the two sides lock horns for a key by-election.

Anwar has laid low since failing to meet a self-imposed September 2008 deadline to unseat the Barisan Nasional government, after general elections that saw the coalition handed its worst results in half a century.

The opposition alliance is now hoping to reinvigorate itself with a win in the Jan 17 by-election in Kuala Terengganu, which is seen as a referendum on the political mood since the March 2008 national polls.

"I want to say that we in the (Pakatan Rakyat) alliance are determined to topple the Barisan Nasional coalition," Anwar said at an opposition rally here late yesterday that drew some 10,000 supporters.

"For a start, I will help our alliance candidate from PAS obtain a big victory," he said on the seafront of the state capital Kuala Terengganu.

Top figures in the alliance - Anwar's PKR as well as the Islamic party PAS and the predominantly Chinese DAP - stood shoulder-to-shoulder to dispel signs the partnership is under strain.

They included PAS leaders Nik Aziz Nik Mat, Abdul Hadi Awang and DAP supremo Lim Kit Siang. 

The partnership of three ideologically divided parties is intent on putting its differences aside for the by-election, which will be contested by PAS candidate Mohamad Abdul Wahid, 52.

The ruling party Umno is fielding Deputy Home Minister Wan Ahmad Farid, 46, for the vote, which will indicate whether it has lured back support since the general elections.

Momentum stalled in October

Anwar had said he would topple the government by mid-September with the help of defecting lawmakers, after elections that saw the opposition gain five states and a third of parliamentary seats in unprecedented results.

But that deadline came and went and the promised mass defections from BN never materialised.

Anwar's momentum completely stalled in October when Prime Minister Abdullah Ahmad Badawi agreed to stand down next March, defusing public anger at the government's handling of the economy and failure to introduce promised reforms.

The government is now exploiting bickering within the opposition, but Anwar said the alliance was united despite disagreements over issues such as a PAS call for the introduction of Islamic "hudud" law including the stoning of adulterers.

Snap polls possible end of this year

And he said that Deputy Prime Minister Najib Razak, who is slated to take over from Abdullah in March and is spearheading the by-election campaign, would suffer if the government loses.

"Najib is heading the Barisan Nasional machinery and if Barisan loses, it will hurt his credibility. The loss to the government will be a big blow to Najib," he said.

"It is a barometer for the future direction of politics in Malaysia," he said. "As I see it, the winds of change from the March 8 electoral tsunami are still blowing strong."

DAP chairman Lim Kit Siang said Najib may be forced to call elections much earlier than the end of the government's five-year term which expires in 2013.

"We hope a victory here will be a yardstick for us to win the next general election and take over the country. It is possible that a snap election would be held at year end," he said - Malaysiakini.

> PAS: We stand for all races

PAS national integration chairperson Mujahid Yusof Rawa said the party’s success in administering Kelantan and Terengganu should convince Kuala Terengganu voters that it caters to the interests of all races.

"The candidates for the by-election are all Malays but Barisan Nasional is out to create the misconception that we only represent Malays and Muslims,” he said when contacted.

“PAS and I would stress that we do not only represent Muslims, but all races. We have strong support from non-Malays with the formation of the Kelab Penyokong PAS (PAS supporters’ club).

He said the club, which has close to 20,000 members, is proof that PAS has managed to win the support of non-Malays.

"PAS is not a racial party. We are one that is willing to fight for equal rights regardless of race and this is proven by Kelantan Chinese who have supported the party since 1990," he said.

Mujahid, who is Parit Buntar MP, attended the nomination proceedings in Kuala Terengganu this morning. He said 1,000 club members had accompanied PAS candidate Mohd Abdul Wahid Endut to the nomination centre.

Yesterday, more than 500 non-Malay voters had attended a get-together organised by the club and party. Kelantan's entrepreneur development, commerce and unity executive councillor Anuar Tan Abdullah was at the event to explain issues.

For instance, said Mujahid, BN has been exploiting the hudud issue and creating confusion among Chinese voters. During the talk, however, he and Anuar were able to clarify misconceptions. 

"I would like to emphasise that if hudud law is implemented, it would be only on Muslims. Non-Muslims will not be affected. In Islam, we are taught to respect the rights of not only Muslims but also non-Muslims.”

‘Hudud ploy will fail’

PAS Supporters’ Club chairperson Hu Pang Chaw, when contacted, said feedback he had gathered in Kuala Terengganu indicates that hudud law is likely to be a non-issue in the by-election campaign.

"Unlike Chinese in other parts of the country, those in Kelantan and Terengganu understand Islam better. We know hudud only applies to Muslims,” Hu said.

"It is a national issue created by BN but I believe that non-Malay voters in Kuala Terengganu understand and will not be duped. Furthermore, Terengganu was under PAS rule for one term and they know the real deal.”

He urged non-Malays in Kuala Terengganu to vote for a stronger opposition, since the by-election outcome will not lead to a change of federal or state government.

"A stronger opposition will safeguard their interests in Parliament," said Hu, who was originally from Kedah but has lived in Kelantan for more than 30 years.

He said he has instructed club members to show a strong presence in Kuala Terengganu.

"More than 100 members will be divided into five groups to woo non-Malay voters in the Bandar state seat and also in Wakaf Mempelam. They will work hard to correct any misconceptions about PAS and its candidate," he said.

Hu described the selection of Mohd Abdul Wahid (centre in photo) as molek (appropriate).

"He is very friendly, affable and easily approachable. He is open-minded and well-liked among the locals and he is certainly the right choice," he said.

While Mujahid hopes that PAS will capture an additional 20 percent of the non-Malay vote in relation to the last general election results, Hu was more confident as he estimated that 50 percent of non-Malays will vote for the opposition.

"I feel that many non-Malays in Kuala Terengganu understand the national issues that affect them, and they will want a stronger opposition," Hu said.

The by-election will see a three-cornered fight between Mohd Abdul Wahid, BN's Wan Ahmad Farid Wan Salleh, and businessman Azharudin Mamat alias Adam, who is contesting as an Independent.

Some 80,229 voters are registered for the by-election to be held on Jan 17 - Malaysiakini.