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Tuesday, March 24, 2009

> Tear gas fired at Anwar ceramah


Federal Reserve Unit (FRU) forces fired tear gas and used water cannons tonight on thousands gathered at a ceramah in Bukit Selambau just as Datuk Seri Anwar Ibrahim was beginning his speech.

At about 10pm, the FRU engaged the crowd gathered in an open field in front of a shophouse that is being used by PKR as its operation centre for the April 7 by-election.

The opposition leader and other Pakatan Rakyat leaders were holed up in the operation centre until nearly 11pm as police continued breaking up the crowd outside.

According to PKR’s Selangor executive councillor Dr Xavier Jeyakumar, those arrested include fellow party member Zamri Yusuf who is a Senator from Kedah and Anwar’s chief of staff Ibrahim Yaacob.

He added that the crowd of thousands dispersed into nearby housing areas with the FRU giving chase as they continued to fire tear gas.

Others arrested include aides to Kedah Menteri Besar Datuk Seri Azizan Abdul Razak and S Manikumar, the candidate for the Bukit Selambau by-elections.

According to PKR party workers, about 50 people were detained and taken to the police headquarters in Kuala Muda.

“I am so angry that the FRU used water cannons and tear gas on 5,000 people gathered to hear DSAI speak,” Dr Jeyakumar stated.

He also told The Malaysian Insider that there were rumours that the authorities wanted to detain the PKR de facto leader.

Other PKR sources have also told The Malaysian Insider of such rumours since last week when Anwar first hit the campaign trail for the three simultaneous by-elections in Bukit Selambau, Bukit Gantang and Batang Ai.

Anwar did however manage to leave the scene after 11pm after being escorted by his security personnel to his car.

Jeyakumar also said that many were injured in the attack as the crowd were ambushed from the back.

The police and FRU also dismantled the tents, confiscated the rostrum and all the PA equipment from the site - The Malaysian Insider.

> PKR names Jawah Gerang for Batang Ai


After a number of delays, the de facto leader of PKR Anwar Ibrahim today named the former member of parliament for Lubok Antu Jawah Gerang as its candidate for the Batang Ai by-election which is to be held on April 7.

Anwar was supposed to have announced the name of the candidate on arrival at the Kuching International Airport yesterday, but adjourned the announcement to today.

He made the announcement at the Kuching airport just before leaving for Kuala Lumpur this morning.

Anwar told reporters that he decided on Jawah, 55, after gathering various views and feedback from several longhouse elders who came to meet him at Rumah Lepang, Sayat, Lubok Antu.

He said that he found that Jawah was not only the favourite choice to face Malcolm Mussen Lamoh, 50, of the Barisan Nasional, but also had every chance to win the seat for Pakatan Rakyat.

In introducing Jawah to the press, Anwar also appointed Nicholas Bawin as the director of operations for the by-election.

"I hope everybody will give their cooperation as PKR is confident in Jawah's ability in solving the people's problems and in looking after the interests of all communities in the state.

"I believe that with the strong partnership of Jawah and Nicholas, PKR can wrest the Batang Ai seat," added Anwar.

Jawah meanwhile said that he would work hard to deliver the seat.

"I believe we can make a good start," he said, referring to PKR's planned assault on the state during the next state elections due to be held in the next two years. 

A former banker with economics degree

Anwar also called on Bawin's supporters to work together in order to ensure victory for the party and to fight BN's cash-rich machinery.

Bawin contested for the Batang Ai seat in the May 2006 state election and lost narrowly by 806 votes to incumbent, the late Dublin Unting Ingot.

He was hotly tipped to contest again for the seat but Anwar obviously had other ideas.

Also present at the press conference were DAP state assemblyperson for Pending Violet Yong and veteran DAP state leader Chong Siew Chiang.

Jawah was the member of parliament for Lubok Antu for five terms. He is a graduate in economics from University of Malaya.

He worked with a bank in Kuching before being recruited by the now defunct Parti Bansa Dayak Sarawak (PBDS) to contest the Lubok Antu parliamentary by-election in 1987. He was then returned unopposed in 1990 and 1995 elections.

This is Jawah's first time contesting for a state seat. His opponent is Malcolm Mussen who was named last week by BN as its candidate.

Noted for his fiery speeches, Jawah has become something of a symbol or even an icon in Batang Ai for his courage in articulating Iban issues which did not endear him to the top leadership of the state BN.

The Batang Ai constituency which fell vacant following the death of Dublin Unting on Feb 24 is part of the Lubok Antu parliamentary constituency and it has about 8,000 voters. The other state constituency is Engkilili - Malaysiakini.

> Nizar to contest Bukit Gantang

Datuk Seri Nizar Jamaluddin has been named as Pas’s candidate for the Bukit Gantang by-elections in what is clearly an attempt by Pakatan Rakyat (PR) to go for broke.

Speculation had been building since Perak DAP leaders first suggested his candidacy soon after Barisan Nasional’s Feb 5 power grab in the state.

The ousted menteri besar of Perak will now run in what PR has billed as a referendum on the legitimacy of both coalition’s claims to power in the Perak.

In a rally held tonight in Simpang, just outside of Taiping, the nearest town to Bukit Gantang, Pas president Datuk Seri Abdul Hadi Awang announced that Nizar would stand in the April 7 polls.

By putting Nizar as a candidate, PR has signalled its intention to use the by-election as a potential springboard to wrest the state government back from BN even as it continues its legal challenges to Datuk Zambry Abdul Kadir’s appointment as MB.

But the Nizar candidacy also represents a big risk because a defeat will all but bring an end to PR’s claims that it commands the support of the majority in Perak - The Malaysian Insider.

Sunday, March 22, 2009

> Speaker Sivakumar

Perak constitutional crisis has produced an outstanding hero. The hero is none other than the Perak's speaker V. Sivakumar. Why not ? This man has really made the life of Umno in a terrible chaos.

Since the crisis started. Umno has resigned to the fact that it could not face Sivakumar alone.

Thus it has to use (read abuse) all the powers at its disposal to wage a war against Sivakumar.

First of all Umno used the Election Commission (EC) to frustrate Sivakumar's ruling on the resignation letters of the three defectors.  Those who are familiar with the Perak Constitution know that the resignation letters of those three defectors were valid under Article XXXV of the Perak's constitution. Article XXXV only requires two conditions in order to ascertain the validity of any resignation letter issued by any assemblyman.

First there must be a letter signed by a state assemblyman and secondly such a letter must be addressed to the Speaker.  As far as the three defectors' resignations were concerned these two requirements had been fulfilled thus prompting Sivakumar to declare such letters to be valid . When the letters were valid the EC had no other option but to declare by elections.

The EC has no power to question the validity of the resignations. It was not the statutory function of the EC to go beyond the four corners of the resignation letters .Under the law the EC was bound to accept the decision of V. Sivakumar .

By failing to hold by elections the EC has abdicated its constitutional duty. It unjustifiably usurped the power of the Perak' speaker. 

Even the EC's former Chairman conceded that the former has no power to question the validity of the speaker's ruling. As the EC was bound to follow Umno's script it has no other option but to refuse by elections.

Despite the fact that the EC managed to set aside the decision of Sivakumar the latter's power has not been diminished . Everybody knows Umno desperately wants to convene the State Assembly.

Umno needs to go there for one purpose only namely to pass a vote of no confidence against Dato Sri Nizar. Yet hitherto Sivakumar has been the only impediment for Ummo to go to the State Assembly.

Umno has been extremely worry should Sivakumar flex his muscle. And flexing his legal muscle was what Sivakumar did.

Thus when Sivakumar made a decision to suspend Zambry and six others Umno has to face a very painful lesson  i.e never underestimate the speaker's power. Umno received a fatal blow by such a powerful decision by Sivakumar.

Overwhelmed by Sivakumar's move Umno asked police to find whatever reasons to threaten him.

Of course every body knows the police could find none. Yet since the script mandates the police investigation on Sivakumar , the police has to find  whatever flimsy reasons in one way or another. 

Thus Sivakumar was unnecessarily subject to police investigations for two hours.

But Umno was still unhappy. Sivakumar needed to be further "turned over" ( sounds familiar ) by a Malaysian Anti Corruption Commission ( MACC ) . 

Thus Sivakumar was once again subjected to another two hours interrogations and this time by MACC .

Of course in pressuring MACC to investigate Sivakumar, Umno sought to break a new record - the first ever speaker in Commonwealth countries ( or may be in the world ) who has been investigated for carrying out his official and constitutional function.

Despite abusing the EC, Police and MACC respectively , Umno has still failed to obtain its desired goal . Umno wanted badly to go to the State Assembly in order to pass a vote of non confidence against Nizar. Yet hitherto Sivakumar has become the sole stumbling block for Umno to achieve its ends.

In another spectrum, Sivakumar's confidence in frustrating Umno's plan of action has gained a new momentum.

Nothing could prevent him be it the EC, Police, MACC or whoever. Instead of taking a defensive stand, he switched to an attacking mode. Armed with legal power vested upon him, he summoned an emergency meeting of the assembly . Such a brilliant maneuver by Sivakumar left Umno in quandary. It was really a bombshell to Umno.

Umno desperately needed somebody, whoever he is, to counter such a move.  Running out of viable options , Umno turned to the Secretary of the State Assembly to make an announcement .

Thus came an unprepared statement by this poor guy that Sivakumar has no power to summon the emergency meeting. Being  subordinate to Sivakumar the secretary of the assembly has no business at all to make such a ridiculous statement. Of course making a stupid statement was also part of the script !!

But such a statement did not deter Sivakumar. Despite police handedness in obstructing Sivakumar to convene the assembly, he ultimately managed to hold it notwithstanding under the tree.

The legal fraternity endorsed such an assembly and held that such a meeting was constitutional and valid. The assembly prompted Umno to resort to a reluctant choice i.e going to a court of law.

Going to court means Umno has to face a painful reality - asking the court to review unreviewable decision of the speaker. 

If  the court really follows the law (  that I was told in law school )  the court will have no choice but to decide in favour of Sivakumar simply because it is trite law that the decision of the speaker is non justiciable.

Umno knows very well that to win the court's battle it needs to avoid Sivakumar from being represented by a lawyer of his own choice.

If Sivakumar retained his own lawyer Umno would not be able to control the game. Thus by hook or crook Sivakumar needed to be represented by the State Legal Adviser.

Thus Umno's lawyers vehemently opposed Sivakumar from being represented by Tommy Thomas etl. Even when Sivakumar decided to represent himself the same was also objected to by Umno's lawyers. Unfortunately the Judicial Commissioner bought the Umno's arguments.

NST reported his position was thereafter confirmed. What a twist of fate !!!

The victory in Perak's high court was indeed a relief for Umno. Nevertheless  it was only shortlived. The court of appeal subsequently held that Sivakumar has the right to be represented by a private lawyer.

Umno retaliated. It asked the same Judicial to refer the matter to the Federal court. Going to the Federal court straight away means Sivakumar has no more avenue to appeal should the decision is not in his favour.

Now the ball is in the Federal court. The Federal court may decide against Sivakumar. However the Federal court cannot run away from this apt advice by Justice Aharon Barak..

"Judges must act according to the law…when we sit to judge, we are being judged."

And judging the Federal court judges is what the people are going to do now - The Malaysian insider.

> Possible King does not appoint Najib

It is possible that Agong Tuanku Mizan Zainal Abidin may not appoint Najib Abdul Razak as prime minister despite being Umno president, said Tengku Razaleigh Hamzah.

Razaleigh, a veteran Umno leader, pointed to last year's decision by the king, who is also Terengganu sultan, in refusing to endorse the Umno leadership's nominee Idris Jusoh as menteri besar for his state.

Eventually Umno backed down and the king's choice, Ahmad Said, became menteri besar.

"He (the king) could probably appoint someone other than the man nominated by the party," said Razaleigh, a Kelantan prince and uncle of Sultan Ismail Petra.

Razaleigh was asked by Malaysiakini to comment on former de facto law minister Zaid Ibrahim who had on Wednesday urged the king not to appoint Najib as PM.

Going gets tough for BN

Razaleigh also said that Barisan Nasional will face a "tough" fight in the next general elections, expected to be held in three years.

“Don't forget, there are going to be six million new voters, so we've been told - two million who missed the vote in the last election and the four million others in the coming years. So you have six million plus who will be testing us.” 

He said that the ruling coalition will find it difficult to win the April 7 bellwether by-election in Bukit Gantang - a parliamentary seat in Perak that will be a ‘referendum’ on the BN takeover of the state government there.

Razaleigh, 71, a former finance minister, was a heartbeat away from becoming prime minister in 1987 after a power struggle within Umno in which he challenged Dr Mahathir Mohamad for party president and lost by a wafer-thin majority of 43 votes.

He had since run twice for Umno presidency - in 2004 against Abdullah Ahmad Badawi and more recently against Najib Abdul Razak. But both times he failed to secure the required nominations from Umno divisions to qualify for the contest. 

Interestingly, Razaleigh said he “cannot see” Najib resorting to repressive measures against his critics when he becomes prime minister. But this is in the context that he would prefer Najib not to play dirty.

“If he wants to improve his image with the people then he has to come clean. You have ways, go to the court or do things that will be accepted by the people - not to use force or power because that will put him in a worse position that he is experiencing now.”

The following is the second of a four-part interview conducted at Razaleigh’s palatial home-cum-office in Ampang dubbed as the ‘White House’.

Malaysiakini: Zaid made a hard-hitting speech urging the king not the appoint Najib because he is seen to be tainted. What's your view on that? 

Razaleigh: That seems to be the talk everywhere. People are not happy with the way things are happening - Perak, here, and because of that, it prompted people like Zaid to say all these things which otherwise would only be whispered in coffee shops and offices.

Do you expect the king not to appoint Najib as PM?

You can never tell, because you never thought the king would move to appoint a different person to head the government of Terengganu.

He is no longer the sultan of Terengganu when he became the Agong, yet because he felt strongly about the situation in his own state, he decided to function also as the ruler of Terengganu. He could probably appoint someone other than the man nominated by the party. 

Seeing that Najib will be PM, how is he going to be different from Abdullah? What do you expect from a Najib government? 

You are asking a very unfair question, he is not even PM yet. He is a ‘play safe’ chap from my knowledge of Najib. It is very difficult to say anything much more about him. And because of that, it is very difficult to compare (him with Abdullah) because he hasn't started (as PM). 

But he did show his hand somewhat, such as the Perak takeover…

The Perak takeover is in a mess. The (second economic) stimulus is also not bearing fruits, it's not effective. 

Zaid said he expects a little more repression, a reversal of democratic opening...

I normally associate repressive measures with people who are weak. If Najib is as strong a personality as he tends to portray, then he wouldn't adopt repressive measures. He would adopt repressive measures if there is a ‘war’, you know, not being able to fight back democratically, then he would use all the instruments (of power) in his disposal. 

He has to do something to bring the party back together again. But whether he could do it or not, that's another matter. We are in a very unique position today.

Previously the party was strong, and although there maybe divisions but because of the strong representation of the party in Parliament and at the state government level, whatever divisive forces taking place within the party did not mar the party’s performance. 

But Najib, to some extend, is being pushed to the corner. The opposition is getting stronger.

We have not seen him being pushed to the corner yet. He is, after all, going to win uncontested as president of Umno, and it's a sure thing for him to be prime minister because Abdullah is going to let go (of the post) and let him take over.

I see no necessity for him to do otherwise other than accept what is coming to him. 

But do you expect him to impose repressive measures? 

I cannot see, I cannot see. 

Most people would say that they expect Najib to be… 

Yes, a lot of people say that, but I cannot see. 

Why? 

What for? If he assumes power, he has all that power to exercise and there is nothing in the way that will obstruct him. In Parliament, he has the majority; he does not need to do things to stop the opposition from obstructing his action. 

But he does have an image problem. If people out there continue to throw mud at him, like the Altantuya case, he would have to respond. 

Well, by not using (state) power. I think he has to come clean with the public. If he wants to improve his image with the people then he has to come clean. You have ways, go to the court or do things that will be accepted by the people - not to use force or power because that will put him in a worse position that he is experiencing now. 

Will Umno survive the next general election?

Tough, very tough. In fact, I'm not so sure we could win in Bukit Gantang. We have a good candidate, but depending on the voter turnout, we don't know whether we can make it or not.

After all, we lost that seat in the general election and we may not be able to recover unless the voters come out, but with what is happening in Perak, and the economy - people are losing their jobs - I think it is going to be very tough for us.

What about Bukit Selambau?

Even Bukit Selambau, because of the MIC's position today - it’s not being able to give leadership or direction. Again, I think it is going to be tough. 

Batang Ai?

There is a lot of defection to PKR. I've not been there, but I think all three by-elections are going to be tough for us. 

You've mentioned a number of times about the need for reforms in Umno. Do you think the party can really reform itself?

It depends on the leader. If the leader genuinely demonstrates that he honestly wants to bring about changes, then I think he could get the support and get the reforms. But if he does not show or demonstrates that he wants reform, then I don't think he will get that support. 

If you look at other countries, the ruling party would have to lose power before it would reform itself. 

I'm not suggesting that we should lose power; I don't think the Malays are going to see Umno lose power.

But on the other hand, we can never really tell, because nobody in power thought we were going to lose that badly on March 8 in 2008, but there you are, we lost - we lost five states and we lost two-thirds majority in Parliament.

But this time around, I think the voters may put us to test, and we may lose, or we may not lose very badly, depends on how the leadership shape things. 

You mean the voters in the next general election? 

Yes, next general election, because don't forget that there are going to be six million voters coming in, so we've been told - two million who missed the vote in the last election and the four million others in the coming years. So you have six million plus who will be testing us.  

Umno has always been getting support from the rural areas, do you think in the coming general election they will enjoy the same support? 

Yes and no, it depends on how well the people find us, whether we have serve them well, and of course like I said, even in Bukit Gantang, things are not going to be favourable to the government. So it's going to be very tough for the government to go around making the voters happy. It's not going to be easy - Malaysiakini.