Showing posts with label murder. Show all posts
Showing posts with label murder. Show all posts

Thursday, July 4, 2013

GUATEMALA CASE CASTS SPOTLIGHT ON INDIGENOUS GROUP

By SONIA PEREZ DIAZ. Published by AP on 3 July 2013.
GUATEMALA CITY (AP) — Life for the indigenous Ixil Mayans in the mountains west of Guatemala City is worn and static like an old photograph.
Seventeen years after the end of a civil war that saw hundreds of their villages razed and thousands of their loved ones killed, the Ixil people still live in mud-and-wood houses in the most rugged and isolated parts of northwestern Guatemala. Most of them have no drinking water, paved roads or basic services such as health and education.
Largely ignored by authorities for centuries, the Ixil came under the spotlight after a Guatemalan court found former dictator Efrain Rios Montt guilty of genocide on May 10 for the scorched-earth policies used against the Ixil during his 17 months in power in the 1980s.
The conviction was annulled 10 days later following a trial that did nothing to change their lives of the Ixil people.
Byron Garcia, a social anthropologist who has worked in the area for a decade, said Ixil Mayans live in the same poverty as always.
"People have been relegated to less productive places, places where you can't grow food, to the mountains made of stone," Garcia said. "The young people who can, sow plots of land. And when they can't, they migrate."
Feliciana Cobo was 8 when soldiers attacked her village. She and her family separated and ran into the mountains, where they hid for several days with nothing to eat.
Cobo said her mother was killed when the army bombed the village and surrounding area, and her grandmother died later after growing sick from the cold and bad living conditions. Her family eventually lost their land and their poverty deepened.
Now a single mother of three children, the 40-year-old Cobo borrows electricity from a neighbor and supports her kids by washing the clothes of neighbors and weaving garments to sell.
"I grew up during the civil war and I don't know how to read or write. I didn't go to school," Cobo said. "All I know is to weave."
Forensic experts are now exhuming bodies from the cemeteries that the Ixil people created to bury loved ones who died of starvation, hypothermia and disease — as well as munitions — while they hid from the soldiers in the mountains.
"I helped exhume my mother," Cobo said. "I don't know if it was the smoke or the impact of the bombs planes were dropping on us but we all left running and when we got back together, my mother had already died."
Garcia, who now lives in the Guatemalan capital, said that victims feel a need to tell their stories, to be heard, to be indemnified, to find the bodies of their loved ones and be able to bury them.
Cobo said she doubts justice will be done, but is glad some fellow Ixil Mayans could travel to Guatemala City to tell their stories at the trial.
"We're not inventing the dead," she said.

Tuesday, June 4, 2013

EAIC Is Unable To Cope, Form IPCMC Now!


By Boo Su-Lyn. Published by The Malaysian Insider on 4 June 2013.
The Enforcement Agency Integrity Commission (EAIC) has acknowledged it is hamstrung by only having one investigating officer to probe complaints of misconduct against 19 enforcement agencies, as public outcry grows over deaths in police custody. It also has an annual budget of just RM7 million.
EAIC CEO Nor Afizah Hanum Mokhtar said the commission has 23 staff members, including the investigating officer, clerks, a driver, legal adviser, administrative officer and an operations director. 
“We have very limited manpower,” Nor Afizah Hanum told The Malaysian Insider in an exclusive interview at her office here yesterday. 
“We had six investigator posts that we got from MACC. They withdrew five on 16th May,” she added, referring to the Malaysian Anti-Corruption Commission (MACC).
Amid the outcry over recent deaths in police custody, there has been growing calls from the opposition and the Bar Council for the government to set up an Independent Police Complaints and Misconduct Commission (IPCMC).
The Malaysian Bar, civil society groups and several politicians from both sides of the divide have called for the IPCMC to be implemented to reform the police force since 2006.
The IPCMC, which was mooted by a royal commission chaired by former Chief Justice Tun Mohamed Dzaiddin Abdullah but shot down by the police, was to be modelled on the United Kingdom’s Independent Police Complaints Commission (IPCC), as well as other police oversight bodies in New South Wales and Queensland in Australia, and Hong Kong.
Speaking to The Malaysian Insider yesterday Nor Afizah Hanum said the sole investigating officer remaining at the EAIC also came from the MACC and has 11 years’ experience as an investigator.
The MACC, in contrast, has a budget of RM276 million this year and will receive an additional 150 posts annually to boost its manpower from 2,500 staff to 5,000, English daily The Star reported last September.
The EAIC, which was set up in April 2011, investigates complaints of misconduct against the police force, the Immigration Department, the Customs Department, the Rela Corps, the National Anti-Drug Agency, the Malaysian Maritime Enforcement Agency, the Department of Environment, the Department of Occupational Safety and Health, the National Registration Department (NRD), the Department of Civil Aviation, the Road Transport Department (RTD), the Department of Industrial Relations, the Department of Fisheries, the Department of Wildlife and National Parks, the Manpower Department, the Health Ministry (Enforcement), the Tourism Ministry (Enforcement and Licensing units), the Domestic Trade, Co-operatives and Consumerism Ministry (Enforcement) and the Ministry of Urban Wellbeing, Housing and Local Government (Enforcement).
Nor Afizah Hanum said the EAIC needed an annual budget of at least RM25 million, as well as at least 10 investigating officers and 10 research officers. “We hope to expand till 78 personnel... we have a requirement for research officers to work in a taskforce to study rules and procedures and do visits to lock-ups, prisons,” she said. 
She added that the EAIC has received 469 complaints as of May 31 this year since it was formed in 2011, with 353 complaints against the police. Twenty-one complaints were lodged against the Immigration Department, 15 against the RTD, 10 against the Ministry of Urban Wellbeing, Housing and Local Government, and nine against the Customs Department. 
She said the EAIC, however, has yet to receive complaints of deaths in custody, police shootings or assault by enforcement officers. “We haven’t received complaints of a criminal element,” said Nor Afizah Hanum. 
She added that the complaints ranged from police inaction on cases, inaction of immigration authorities against illegal immigrants, a policeman having an affair with someone else’s wife, or the NRD revealing one’s personal particulars to another party without consent.
The former Sessions Court judge said investigations were opened for 124 out of 469 complaints, with one case resulting in a recommendation of disciplinary action against the police.
According to human rights group Suaram, 218 cases of alleged deaths in custody in Malaysia took place from 2000 to this month, with its records showing that nine of those cases occurred in 2012, while eight cases occurred so far this year...
The Home Ministry reportedly told Parliament last October that 298 people were shot dead by the police between 2007 and August 2012, including 151 Indonesians and 134 Malaysians, which is an average of one deadly shooting a week.
A United Nations Working Group on Arbitrary Detention 2010 visit to Malaysian prisons and detention centres reported in 2011 that between 2003 and 2007, “over 1,500 people died while being held by authorities.”
Read more here:
There is no need to establish the Independent Police Misconduct and Complaints Commission (IPCMC), said Minister for Governance and Integrity Paul Low.
He said there is an existing channel called the Enforcement Agency Integrity Commission (EAIC) that would perform the same duties as the IPCMC.
“There is no need to form the IPCMC, we already have a channel that allows the public to lodge complaints with regard to the enforcement agencies called the EAIC,” he said.
“There is lack of awareness. I believe that the only thing left to do is to educate the public on how one can lodge a complaint via the EAIC,” he added.
Read more here:

Sunday, October 21, 2012

The Murder of Altantuya Shaariibuu


Written by John Berthelsen. Published by Asia Sentinel on 18 October 2012.


It will be six years tomorrow since bodyguards for now-Malaysian Prime Minister Najib Tun Razak dragged the Mongolian translator and party girl Altantuya Shaariibuu out of a car in a patch of jungle near the Kuala Lumpur suburb of Shah Alam. As she begged for her life and apparently that of her unborn child, they knocked her unconscious, then shot her twice in the head. 

That was Oct. 19, 2006. According to court testimony, Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, members of the elite Unit Tindakan Khas, both assigned to Najib’s office, then wrapped Altantuya’s body in C4 plastic explosives and blew her up, possibly to mangle her remains so badly that the fetus would be destroyed. 

Sirul Azhar was interrogated by police shortly after the murder was discovered. He was informed that anything he said could be held against him, in accordance with the law. In his cautioned statement, as his confession was called in Malaysia, he told authorities he and Azilah had been offered RM100,000 to kill the woman and her two companions, who were causing highly public embarrassment for Abdul Razak Baginda, Najib’s best friend. The 28-year-old Mongolian woman, in a letter found after her death, wrote that she was sorry she had been blackmailing Razak Baginda, who had jilted her after a jet-setting whirl throughout Europe and Asia.

If French police records are to be believed, Razak Baginda was allegedly central to a massive bribery case in which a total of nearly €150 million in payments were steered to two Razak Baginda companies, Perimekar Sdn Bhd and Terasasi Hong Kong Ltd. 

As Asia Sentinel reported earlier this year, records seized by the French police show that former Prime Minister Mahathir Mohamad and the French Foreign Minister Alain Juppe were aware of the transactions. Memos obtained by Asia Sentinel show the French expected at least part of the money to be steered to the United Malays National Organization, Malaysia’s biggest ethnic political party. 

Sirul’s confession was never admitted in court despite its seeming legality. And, despite a 14-month trial, neither the prosecutors, the defense nor the judge asked who had offered the RM100,000 payment to the two men. Najib’s chief of staff, Musa Safri, reportedly dispatched the two policemen to pick up Altantuya and her companions, who mercifully weren’t around when the two murderers abducted Altantuya, or presumably they would have died with her, As nearly as can be detremined from official records, Musa Safri was never questioned about the matter, nor was Najib. 

This recounting is important because in recent weeks Najib’s government has embarked on a concerted legal campaign to discredit a long string of political reform and independent news organizations who have kept the Altantuya story and others concerning corruption and political misdoings alive in Malaysia. Instead, the government and UMNO leaders have accused the reformers of being the tools of the opposition Pakatan Rakyat coalition, or of foreign powers, out to destabilize Malaysia. The presumptive foreign powers are shadowy ones, sometimes German, sometimes American, sometimes Israeli, sometimes unnamed. Enormously long blogs have been written calling into question the French documents, which were published by Asia Sentinel.

But whoever these foreign powers are, they are cast as out to hoodwink Malaysia’s voters out of the government that is best for them in national elections to be held sometime next year, probably in April. This is an old story, peddled by a long string of disreputable governments across the world when reformers get too close, and it may hold sway again in Malaysia. 

But there is one incontrovertible fact. Altantuya Shaariibuu is dead, and she appears to have been killed at the behest of someone with considerable clout in Kuala Lumpur. If her dying statement to Sirul Azhar, as he recounted it in his confession, is to be accepted, she appeared to have been carrying the baby of someone, perhaps high in power in Malaysia. 

And, despite indignant denials from the powers that be, Altantuya appears to have had inside knowledge of the later events in France when Razak Baginda and Najib Tun Razak visited to deal with matters surrounding the purchase of Scorpene submarines from the French contractor DCN. 

Although pro-government critics have denied she had ever visited France, according to testimony given by Abdul Razak when he was under investigation for ordering the two bodyguards to kill Altaantuya, he himself told investigators he traveled with her to France in 2005. 

Records seized by French investigators from DCN, the defense contractor that sold Malaysia the submarines, bear that out, According to French investigators’ records, Abdul Razak Baginda and Altantuya met with Jean Marie Boivin, the alleged French fixer who helped to organize “commissions” for friends in high places to pick DCN’s submarines on that same trip. Boivin arranged to pay for a jaunt by Altantuya and Abdul Razak to Macau.

Najib has sworn on the Quran that he never met Altantuya, although she was in France at the same time as he was, accompanying Najib’s best friend, Abdul Razak Baginda. On June 11, 2005, Najib gave a press conference after having visited the site where the Scorpene submariners were being trained. 

“As a maritime nation, (the) acquisition will give our navy the added capabilities,” he told the media. Earlier, in the port city of Brest, Najib visited a naval base where Malaysian navy submariners were training, and, according to the log of an Australian submariner association, presented jackets made available by Perimekar – Abdul Razak Baginda’s company – to the crew.

Back in Kuala Lumpur when it was realized that Altantuya was missing, her cousin lodged a police report and sought help from the Mongolian embassy in Bangkok. The Malaysian police found fragments of bone, later verified as hers, in forested land near Shah Alam. The honorary Mongolian consul in Malaysia was given a packet of pictures of Altantuya in Paris, apparently recovered from her hotel room. She had posed in front of the Louis Vuitton headquarters and a variety of other Paris sites. Altantuya’s cousin said she had been shown a picture of the dead woman at a dinner with Najib. If it existed, it was not included in the packet made available to the Mongolian consul, who forwarded the rest of them to Asia Sentinel.

After the arrest of Razak Baginda and the two policemen, there ensued a carnival of a trial in a Malaysia high court, in which prosecutors were switched at the last minute; in which Abdul Razak Baginda was acquitted without having to put on a defense; in which nobody in Najib’s office was called to testify about who offered to pay the RM100,000; in which Sirul’s confession was never introduced, nor was he asked about any of the facts in it; in which nobody ever asked why immigration records for Altantuya and her two companions disappeared; why or how the two policemen were able to get their hands on C4 plastic explosives available only to the military in the bid to destroy her body. The honorary consul was never asked who gave him the pictures, nor if there others that might have shown more than just her.

On Feb. 3, 2009, Sirul pleaded with the court not to sentence him to death, describing himself as "a black sheep that has to be sacrificed" to protect unnamed people. "I have no reason to cause hurt, what's more to take the life of the victim in such a cruel manner .... I appeal to the court, which has the powers to determine if I live or die, not to sentence me so as to fulfill others' plans for me." 

Eventually the two bodyguards were convicted and packed off to prison. They launched appeals, then other appeals. Their appeals were supposed to have been heard in February this year, eight months ago. Mysteriously their appeals have been delayed. They were supposed to be heard in August. They have been delayed again, and the suspicion is that they will be delayed until after the next election, or perhaps forever. 

Altantuya Shaariibuu continues to await justice. Birnam Wood still may come to Dunsinane.

Thursday, October 11, 2012

Whatever Australia does not want, dumps into Malaysia




Published by Free Malaysia Today on 11 October 2012.

Shares in Lynas Corp Ltd plunged 19% today as it faced another delay in opening its rare earths plant in Malaysia, raising the prospect the company may need to shore up its funding with a share sale. A Malaysian court yesterday extended a hold on the Australian company’s operating licence to Nov 8 while it decides whether to consider a review aimed at permanently blocking production at the US$800 million (RM2.5 billion) plant in Kuantan, Pahang, on the east coast.

Lynas received the temporary operating licence in September for the rare earths plant, the biggest outside China. It had aimed to start production this month, processing material from its Mount Weld mine in Western Australia, but said yesterday that would be delayed and gave no new timetable for the opening.

Its shares fell to a six-week low of A$0.69 in early trade and last traded down 16% at A$0.72, reflecting worries that the company will need to raise equity to shore up its funds the longer the delay runs. “Given the current delays, we believe the core tenet for our argument to sell Lynas is still applicable – namely risks surrounding funding, dilution, commission and waste disposal solution,” Foster Stockbroking said in a note to clients today.

Foster estimated the company, which had A$124 million in unrestricted cash as of June 30, would have only A$20 million in working capital available if the plant starts operating in November, and said it would probably need to raise funds through a sale of new shares. Lynas had A$205 million in total cash at June 30, but A$81 million of this can only be used for a future expansion of the plant.

Activists linked to the environmental group Save Malaysia Stop Lynas (SMSL) want the court to suspend the licence until two judicial review cases challenging the government’s decision allowing the plant to operate are heard. Lynas had hoped to open the plant a year ago, but has been delayed by community protests. The company says that its plant is safe and is not comparable to a rare-earths plant in Malaysia that was shut by a unit of Mitsubishi Chemicals in 1992, after residents there blamed the plant for birth defects and a high rate of leukemia cases.


Another report: http://www.themalaysianinsider.com/malaysia/article/aussie-surgeons-malaysian-killer-to-be-sent-home-sydney-court-rules/

The Malaysian man who shot dead renowned Australian heart surgeon Dr Victor Chang in Sydney over two decades ago in a botched extortion attempt will be released on parole, after a Sydney court rejected an attempt by New South Wales Attorney-General Greg Smith to keep him behind bars.

Bernama reported that Liew Chiew Seng, who fired the fatal shots in a failed extortion attempt in 1991, was granted parole by the State Parole Authority last month. He was due to be deported to Malaysia by yesterday, but Smith had immediately appealed the decision. The case was dismissed today by the New South Wales Supreme Court.

Lawyers for Smith argued that to release Liew would “expunge” him of the remaining five years of his maximum sentence, because there would not be supervision for him in Malaysia. Liew, 69, is suffering from Parkinson’s disease and the parole authority was told earlier this year that time might be running out for him to leave Australia before he could no longer travel safely. He has been kept in the Long Bay jail in Sydney for more than a year past his 20-year minimum prison term.

The parole authority formed the intention to grant parole at a private hearing in May. The Serious Offender’s Review Council (SORC) and the Probation and Parole Service (PPS) both believe Liew will be unfit to travel if his health deteriorates further. A SORC report said Liew “was not sentenced to die in a NSW Correctional Centre. The overall fragility of his condition cannot be denied.”

The PPS report said it was “impossible to ignore Mr Liew’s deteriorating physical and mental health ... there is ongoing concern it will also continue to have a detrimental impact on Mr Liew’s capacity to return to Malaysia upon release”.

Liew was sentenced to a maximum 26 years in prison for firing the two shots that killed Dr Chang in a failed extortion attempt at Mosman on July 4, 1991. His partner in the murder, and the offender who provided the gun, Phillip Choon Tee Lim, was deported to Malaysia in 2010 after serving 18 years of his maximum 24-year sentence.

Australia’s first successful heart transplant was carried out by Dr Chang in 1984 and he was also voted Australian of the Century in 2000.

Wednesday, October 10, 2012

French lawyers debunk Bernama report on Scorpenes hearing



Written by  Stan Lee, published by Malaysia Chronicle on 9 October 2012.

It looks like Prime Minister Najib Razak and his Umno party are pulling out all stops to convince Malaysians that the Scorpenes corruption trial in Paris is a mere figment of the Opposition's imagination.

With the 13th general election looming and the stakes high, resolving the public perception that Najib had pocketed a massive illicit kickback is a necessity if he is to to be assured of a comfortable win over arch rival Anwar Ibrahim, who leads Malaysia's Pakatan Rakyat opposition front.

On Monday, quoting a 'prominent' French Government prosecutor Yves Charpenel, national news agency Bernama reported that Yves had denied there was an 'ongoing trial in France'. "I am aware about all the fuss kicked up by certain media (organisations) in Malaysia over this matter but what I can say is that this is nothing more than a trial by the media," Bernama reported Yves as saying. "A trial is a trial with all the rules. Investigation is another thing."

Contradictory

Whether Yves was accurately quoted and reported in the right context remains to be seen. However, William Bourdon, the French lawyer acting for Malaysian NGO SUARAM has debunked the Bernama report.

"Yves Charpenel's statement is absolutely contradictory with the current investigations. The Tribunal deGrande Instance has convened a criminal inquiry of which SUARAM has been accepted as a civil party since March 2012," Bourdon, who was deported from Malaysia when he came to brief his client last year, said in a statement released by SUARAM late on Monday night.

"Upon completion of the inquiry will the investigating judge make the decision of whether the case goes to full trial. It's the investigating judge that makes the decisions not the prosecutor. To our knowledge the current prosecutors in charge of the case have not made any such statements as suggested by Charpenel. The two Judges, Roger Le Loire and Serge Tournaire continue their investigations on the Scorpene inquiry”.

Najib and the Umno-led federal government had hammered through a RM7.3 billion purchase of 2 Scorpene submarines from DCNS in 2002 despite public protest that the ships were unsuitable for the shallow local waters. There was also uneasiness over the exorbitant price tag.

In 2010, SUARAM lodged a complaint with the French authorities, resulting in the current investigative trial against DCNS. The French naval giant is believed to have paid Najib and his Umno party an illegal kickback worth at least 114 million euros to secure the sale of the two submarines to the Malaysian government. The payment was allegedly made through a firm controlled by Najib's close friend Razak Baginda.

Guilty conscience? Why so SCARED?

The Umno-controlled press has repeatedly insisted that there was no proof of any wrongdoing but Najib and his administration have failed to convince Malaysians, largely because they kept rebuffing all efforts by civil society groups to hold a public inquiry.

The latest attempt to make Najib and Umno account for the murky deal is an invitation by Opposition Leader Anwar Ibrahim to the lawyers of both Suaram and DCNS to come to Kuala Lumpur and brief the Malaysian Parliament on the case.

"I refer to the above ongoing judicial inquiry at the Tribunal De Grande Instance in Paris presided over by Judge Roger Le Loire and Judge Serge Tournaire into the complaint by SUARAM. a Malaysian human rights non-governmental organization alleging that corrupt and illegal payments were made by the French suppliers DCNS and Thies and their joint venture company Armaris to Malaysian citizens and officials in relation to the purchase of the submarines in 2002 which were at the material time authorized by the then Malaysian Defence Minister and current Prime Minister Datuk Seri Najib Tun Razak. where payments of up to 700 milliom ringgit were received by companies (Perimekar Sdn Bhd and Terasasi) owned by his adviser and close associate, Abdul Razak Baginda," Anwar wrote in his letter dated October 2, 2012.

"I am informed that you are representing the interest of DCNS in the above inquiry. As Leader of Opposition in the Malaysian Parliament. 1 have on this same date issued an invitation to the lawyers acting for SUARAM viz Messieurs William Bourdon and Joseph Breham to deliver a briefing on the status and development of the inquiry to interested Malaysian Members of Parliament during this current session of the Malaysian Parliament which will run until 22" November 2012. I will be inviting all members of the Malaysian Parliament to attend this briefing. As the allegations are in respect of the conduct of DCNS. I am of the view that it is appropriate that you are also invited to attend in order that interested Members of Parliament may also hear from DCNS."

Najib's penchant for false public relations and media spin

However, Defense Minister Zahid Hamidi has been quick to object to the invitation on the grounds that the acquisition had followed "legal procedure". Umno-linked groups too have rushed to shoot down Anwar's invite, rather illogically accusing him of trying to sabotage the nation by inviting "foreign interference" in domestic affairs.

In response, opposition leaders have expressed disappointment and concern over the "desperation" revealed by Najib, accusing him of doubletalk as he had just last week vowed to rid Malaysia of corruption and even donated RM1 million to the Vienna-based International Anti-Corruption Academy (IACA).

"The proof of the pudding is in the eating. If Najib and Umno are innocent, let the lawyers from both sides - DCNS as well as SUARAM - come to Malaysia and clarify everything to Parliament. But obviously, this is what Najib and Umno fear most. Their reaction is very revealing," PKR vice president Tian Chua told Malaysia Chronicle.

"As for the Bernama report, they could have twisted Yves Charpenel's comment - we don't know. But what we do know is that in the wake of the Bersih 3.0 rally in April, the Umno-controlled media tried to discredit Australian Senator Nick Xenophon by accusing him of describing Islam as a criminal organisation rather than a religion. Then there is Najib's contract with FBC Media and US poison blogger Josh Trevino. The fact is Najib has the worst record of abusing the media than any other leader. He has given Malaysia a really bad name overseas. Let's see if the Yves Charpenel report will blow up in his face."

Investigative trial stage: Different system, witnesses will be subpoenaed

Tian was referring to Xenophon, a member of the international observer team invited by Bersih to assess if its demands for electoral reform were reasonable. The Australian leader had expressed shock at the Malaysian police brutality towards peaceful Bersih protesters during the April 28 demonstration for clean polls.

For his chiding comments, the Umno-owned NST had deliberately misquoted a speech he made to the Australian Parliament back in 2009. In fact, Xenophon had not referred at all to Islam, but had instead been criticizing Scientologists and their money-raising tactics. The newspaper just substituted the word Islam instead of Scientologist.

As for UK-based consultancy FBC Media and blogger Josh Trevino, both have been disgraced and dropped by various top international media including BBC and the Guardian for not disclosing they had underlying deals to churn out false positive publicity for Najib and Sarawak Chief Minister Taib Mahmud.

Indeed, going through the latest Bernama report and the Yves Charpenel quotes, it is evident that all the French prosecutor may have said was that the Scorpenes case had not gone into FULL trial yet but was still at the investigative trial stage.

This is actually in line with all the disclosures made by Bourdon and SUARAM so far. In fact, SUARAM has made it very clear that what was now taking place was an investigative trial, overseen by 2 investigative judges. The French judiciary system is different from the British, on which Malaysia's own legal system is based.

Sinking with Najib & the Scorpenes

Industry practitioners question whether Bernama had led Yves on by asking whether a full trial was now ongoing. Hence his denial. The Malaysian news agency could then have written up its report to highlight Yves' denial, but deliberately omitting to put into full context his statement.

But as Bourdon pointed out, the investigative trial is in full swing and the first witness already subpoenaed to take the stand to answer all the queries the investigative judges wish to make on the case.

Apart from Najib's foreign media consultants and the NST, Bernama too has attracted controversy of late. Just weeks ago, it was forced to deny it had 'doctored' photos depicting a much larger crowd at Najib's recent Hari Raya open house so as to give the impression that the PM was more popular that he really is.

However, due to the angry reaction of the Malaysian public and the slew of 'photo-shop mistakes' pointed out by netizens, Bernama's chief editor had no choice but to finally admit the photos had indeed been "tampered" with.

Friday, September 14, 2012

Does 'Sam Bacile' – the person allegedly behind the film that has triggered violence in Libya – even exist?



By . Published by The Telegraph on 13 September 2012.

A deepening mystery surrounds the personage of "Sam Bacile": the film-maker who allegedly made “Innocence of Muslims”, a film about Islam (which curiously few people seem ever to have watched in its entirety), the crudely insulting "trailer" for which has triggered such a violent reaction in Libya and elsewhere. "Bacile", which seems to be a pseudonym, reportedly described himself to the press as an "Israeli Jew" who lives in California and worked in real estate.

Israel says it has no record of anyone under that name: indeed, a spokesman for the Israeli foreign ministry described the film-maker as "a complete loose cannon and an unspeakable idiot". A consultant on the film, Steve Klein, said that "Bacile" was neither Israeli nor Jewish and that he did not even know his real name, but that those involved in the production had anticipated that it would cause unrest: “We went into this knowing what was probably going to happen.” Well, not quite everyone, it seems. The actors and actresses appeared to think they were taking part in another kind of production entirely, and have now found themselves caught up in a horrific international controversy.

Does "Sam Bacile" even exist? Inquiries have led to Nakoula Basseley Nakoula, a Coptic Christian living in California who has been convicted of bank fraud and who admits involvement in the film, but denies that he is "Bacile". Perhaps, in the weeks to come, he and Mr Klein may be able to enlighten the public further.

Of course, the blame for the attack on the US consulate at Benghazi which killed four US citizens – including the US Ambassador Chris Stevens – rests with those who carried it out. Of course, in an ideal world, individuals would be free to say even deliberately unpleasant and insulting things about any religion without inciting a murderous response.

But we live in the real world, and the Middle East is a political powder-keg, already rendered even more unstable than usual by civil war in Syria, the collapse of long-standing regimes in Libya and Egypt, and the international intensification of tension about Iran’s nuclear programme. What the makers of the trailer for "Innocence of Muslims" – rather like their fellow-traveller, the Florida pastor Terry Jones who made a stupid show of Koran-burning – have done is to throw a match into that powder-keg, igniting a blaze which has devoured other people.

There is a clear difference between displaying courage in facing down extremist interpretations of Islam (one thinks of Salmaan Taseer, the late Governor of the Punjab, who was murdered after he opposed Pakistan's blasphemy laws) and making a crude, deliberately inflammatory attack upon the religion itself. The former is the action of of a brave individual, and the latter of a dangerous clown playing with fire. We should not be tempted to mix them up.


Related reports:

Sam Bacile/Bassel is not an Israeli-American, and his attempt to pass himself off as one is a potentially deadly slander. His film—if there really is any footage beyond the 14-minute clip—did not cost anything like $5 million to make. There is no cabal of Jewish donors who put up the money. Sam Bassel, or whoever used that name as a Facebook alias, speaks and writes fluent Arabic and likely has an Egyptian background. The name Abanob Basseley is, as one Egyptian friend tells me, as typically Coptic as, say, Mohammad is Muslim or Shlomo is Jewish. (St. Abonoub is a Coptic saint named after an Egyptian child martyred by the Romans.) The fact that the film was publicly promoted by Morris Sadek, the head of the National American Coptic Assembly, also suggests a Coptic connection to the film.


Public records searches by TIME and others have yielded nothing tangible about a Sam Bacile in California, leading many to conclude that the name is a pseudonym. The Israeli government said it had no record of Bacile as a citizen. Steve Klein (see below), a backer and purported consultant on the film, told The Atlantic he was neither Israeli or Jewish. “This guy is totally anonymous. At this point no one can confirm he holds Israeli citizenship and even if he did we are not involved,” Israeli Foreign Ministry spokesman Yigal Palmor told CNN.

Wednesday, August 22, 2012

Crime Statistics – Let the truth be told!




Published by Free Malaysia Today on 22 August 2012. FMT LETTER: From Veteran Cop, via e-mail.

...There are several types of crime where the classification can be manipulated from index to non-index. The maneuvering begins at the police district level which receives the report and subsequently transmitted to the State Police Headquarters and Federal Police Headquarters. The crimes which were manipulated are:
  • Robbery cases under the Penal Code are classified as index crime. This offence will be classified as non-index under section 382 of the Penal Code. Since, section 382 of the Penal Code is a non-index crime, therefore will not be reflected in the crime statistics.
  • Burglary under section 457 of the Penal Code is an index crime. This offence will be classified as non-index under sections 452 or 453 of the Penal Code. Since, sections 452 and 453 of the Penal Code are non-index crime therefore will not be reflected in the crime statistics.
  • Causing hurt under sections 324 and 326 are index crimes. These offences will be classified under section 148 of the Penal Code. Since, section 148 of the Penal Code is a non-index crime therefore will not be reflected in the crime statistics.

The under classification of the index crime to non-index crime runs into several thousand cases. Of course, by removing these cases from the crime statistics will reflect that the crime has gone down.

A simple way of ascertaining the extent of cases taken off from the index crime category for the purpose of reducing the crime statistics is by asking the police to provide the statistics of cases classified under sections 148, 382, 452 and 453 of the Penal Code since the implementation of the NKRA to date. Then a comparison should be made with the statistics of cases under the said sections in the last three years preceding the NKRA.

You will discover a sudden hike in the number of cases under those sections after the introduction of the KPI. This figure should then be compared with the figure of the same sections for the three years preceding the NKRA.  The result will confirm that for the period of three years prior to NKRA, cases classified under sections 382, 452 and 453 are almost nil and under section 148 may have only few reported cases. The number of cases recorded under the four sections for the 3 years after the NKRA minus the number of cases recorded for the 3 years before the NKRA will be the figure that has been manipulated.

Other factors that suppress the crime statistics during the NKRA period are:
  • There are many cases under the index crime category that are not opened for investigation and were closed with no further action (NFA). These cases involve robberies, snatch thefts and burglaries. Police take no further action for the reason there is no sufficient ground for proceeding with the matter if the suspect cannot be identified, the loss is minimal or there is no lead to proceed further. There are thousands of cases of this nature and since these cases are not opened for investigation, therefore, will not be reflected in the crime statistics. No profiling is done on these cases, but merely swept under the carpet. Without profiling then the trend, pattern, target areas and possible suspects could not be studied to address the recurrence of these incidents.
  • There are also cases short-changed in order to achieve the KPI. Say, for example, in a particular day there are 10 cases of burglaries reported in a certain housing area. Only one case will be opened for investigation and the other nine cases will be cross-referred to the one case that was opened. For the 10 cases of burglaries, the statistics should be 10 cases of index crime. Since, there is only one case that was opened for investigation therefore the other nine cases will not be reflected in the index crime statistics.
  • Dark figures (crimes not reported) are not factored into the crime statistics. There is a theory that for every 10 cases reported there will be one case not reported. People do not report crime when they have lost faith in the police. Lack of faith may arise when the people have the impression that the police will not treat the report seriously; ineffective investigation due to incompetence; practicing double standards; no confidence the police can solve the case or bring  justice to the victim or can recover the lost items; discriminative investigation based on the person’s background, influence, or status in society; minor trauma or losses treated with scorn; cases can be compromised by suspects getting away through bribery, influence be it political or social standing; exhaustive in going to the police station and lodging report; and last but not least is distrust and suspicion about the police.

Overall, the crime has indeed gone up. There are many flaws in the statistics dished out to the public. The statistics was tailored to justify the KPI and appease the powers that be. It is better for the police to tell the truth and shame the devil. In response to Dr. Lim Teck Ghee, the police said, “Crime statistics released by the PDRM are the actual figures of criminal cases reported to and investigated by the police department. These figures are auto-generated by the department’s computer system i.e. the Police Reporting System (PRS). In this way, no alteration or adjustment to the figures can be done, in order to portray a rosy picture of the crime situation as claimed by certain quarters.”

The rationalization of the computer system (PRS) to validate the crime figures is a flawed excuse. The system picks up only what has been fed into it. PRS system does not control classification of cases. To demonstrate that the GTP, NKRA and KPI are a success, classification of cases was doctored and entered into the system which will surely produce the result that was desired.

The police made another assertion, “All crime data and statistics generated within the PDRM system have been audited and verified by Pricewaterhouse Coopers Malaysia.” Do you expect accountants to audit and verify classification of cases? Are they going through all the police reports to ensure the nature of crime committed, categorizing the correct section of the offence under the law, and classification of the case as index or non-index? Be truthful on their role that is only limited to calculating the figures given by the police. In fact, it is a waste of public funds hiring accountants to just vet the figures if only the police are honest in the first place.

End the charade on public relations (PR) exercises to erase the fear of crime. Stop fooling the public with PR programs, like ‘high profile policing’, ‘high visibility patrol’ ‘walkabout’ ‘stop and talk, ‘meet and greet’, and ‘singing in shopping malls’, that won’t work when criminals are still milling around. Spending huge money hiring consultants with no background or expertise in criminal field to advise the police was the biggest blunder. It is a shame on the police organization of 205 years, having police officers of more than 30 years in service and experience with educational background from degree to PHD, unable to tackle the crime situation...

There must be a climate of fear and respect towards the police. The fear must come from the wrongdoers and those who intend to contravene the law. Respect is from those who feel secured when seeing the men in blue. Are the police doing the right thing to earn that respect? People are feeling unsecured with the crime situation and the fear of being a victim keep increasing. Ironically, even the policemen are having the same sentiment. Camouflaging crime figures will only aggravate the situation further. Be honest and tell the truth.

Saturday, April 11, 2009

Look, Ma! No Mens Rea!

Establishing Motive
By Hakim Joe

Malaysian Today. Saturday, 11 April 2009 16:44

One of the general orthodox principles in criminal law is intent. However, in criminal jurisprudence, motive is only paramount to the investigation of the case before trial as the relevance of a defendant's intentions to his or her criminal liability cannot exculpate someone who has committed a criminal act.

However, motive and intent are part and parcel of the same felony as both are construed to be referring to whether the individual plans to commit an act that is defined as a crime. The conventional opinion is that motive and intent is inconsequential after a crime has been committed. It does not matter what the reasons are for someone to commit a crime but that he or she is culpable of that particular offence.

Yet motive is critical in establishing blameworthiness. For example, the Law states that it is a crime to kill another human being. What if the defendant killed in self-defense? Will the defendant suffer the same consequences as someone who kills for money, revenge, fun or on orders from a superior? Justice will therefore not be served if motive is disregarded completely.

In the case of the Altantuya murder, the prosecution has proven beyond a doubt that the two defendants were guilty as charged. It would have taken a shorter court time to prosecute if their cautioned statements were admissible but what about motive thence? The two defendants did not possess any motive or intent to commit murder. Yes, monetary rewards were spoken of here but as Corporal Sirul Azhar Umar's statement remained inadmissible, the requirement to investigate who was offering this "reward" becomes insignificant to the court. The prosecution is therefore only concerned about proving guilt.

Someone has been killed and the perpetrators will be punished accordingly. It is besides the point that the two defendants belong to a civil enforcement agency or that they could have been formally ordered to terminate the victim. Owing to the fact that this case involved a lot of high profile people, the news is being carried by quite a few international media. While it can be said that justice has now been served with the death sentences, a few pertinent questions remain unanswered.

Both defendants did not know the victim when she first arrived in this country. They were both ordered to "assist" RB in this case, which was when they first encountered the victim. The person doing the ordering must have a motive here as no official police report was lodged by RB. Did this person, who happens to be the ADC to the PM (DPM during the time of murder), know the victim beforehand? Negative, as it was established from RB that he only seeked assistance from the ADC when he could no longer stand the victim's harassment anymore. Did this ADC therefore voluntarily decide to help his friend by ordering the two defendants to look into the case or was he impelled to doing so by some higher authority? That was never established, as the ADC was never summoned to appear in court. It was therefore never questioned during the trial who was offering the reward, if any, for services rendered.

What about the expunging of the victim's immigration records to show that she has never legally entered this country? Police officers do not have the capability or authority to perform this action but yet it was accomplished accordingly. We are now talking about two distinct branches of the civil service being involved – the police and the immigration department, and this plot to commit murder and to cover the tracks later could only have been completed by someone possessing the authority to involve both the two mentioned civil services.

Why an investigation into this conspiracy was never initiated only causes to reinforce this fact. Additionally, why the ADC was never called up in court points to the fact that the AG's chambers is also involved and that makes three different civil services, not two, that are implicated in this plan to suppress the motive from ever being revealed. Without an official investigation into the motive, the real murderer remains anonymous.

Moreover, why did the court deem Corporal Sirul's cautioned statement inadmissible? Such a written statement can only be rejected by the court in order to protect the defendants and since there was no indication of it being illegally obtained by force, why then the decision to make it inadmissible?

As Corporal Sirul has later admitted in court that the victim's jewellery were kept "at his house after he has murdered her", it would point out that his cautioned statement is legally admissible under Section 27 of the Evidence Act. However, even the defendant's admittance to committing the crime was expunged from court records as the Judge deemed it prejudicial to the defendant.

What we have here are no longer three civil services but four that is abetting in this conspiracy to end this case here without the requirement to reinitiate another investigation. Without establishing motive, the sentencing of the two accused becomes the reason for closing this file permanently.

Who are these people seen to be protecting then? Well, RB was never that important a figure to have involved four civil services coming to his aid even though he was eventually acquitted. That is a fact.

Unless the two accused did the crime on their own volition without incentive or orders from any third party, it can be adduced that they were acting as professional killers and this can be demonstrated by the fact that Corporal Sirul's cautioned statement indicated a monetary payment after the job is satisfactorily completed.

If that was the rationale and the basis for assumption, then who was the one doing the hiring and why was it so important that the victim needed to be disposed of in the manner that it happened?