Tuesday, February 9, 2016

Federal Court to rule if interfaith custody case can be heard in civil court

The Federal Court's upcoming decision concerning S. Deepa and her children will impact other cases on conversion matters and custody. – The Malaysian Insider file pic, February 9, 2016. The Federal Court's upcoming decision concerning S. Deepa and her children will impact other cases on conversion matters and custody. – The Malaysian Insider file pic, February 9, 2016. 
The Federal Court will rule tomorrow on a custody dispute initiated by a Hindu mother after her former husband converted their two children to Islam.
The decision of the apex court will be of interest to many, including the legal fraternity, as it will have a bearing on the Court of Appeal ruling in a similar case involving M. Indira Gandhi that conversion matters must be heard in the Shariah Court.
Lawyer Mohamed Haniff Khatri Abdulla, appearing for Muslim convert Izwan Abdullah, said the Federal Court informed parties of the judgment date early this week.
The case to be decided tomorrow involves S. Deepa, who filed for custody after her former husband Izwan converted Sharmila (Nurul Nabila), now 11, and Mithran (Nabil), 8, to Islam.
A five-man bench chaired by Tan Sri Md Raus Sharif, who is also Court of Appeal president, heard submissions from lawyers for Deepa and Izwan on June 25 last year.
Haniff submitted that the civil court had no jurisdiction to hear the custody.
He told the bench that the Guardianship of Infants Act 1961 prohibited the civil court from making custody orders on Muslim children.
He also said section 51 (2) of the Law Reform Act 1976 only allowed the civil court to issue custody orders on non-Muslim children once a divorce petition was filed due to conversion to Islam by one of the spouses.
"The civil court (High Court) cannot decide on the custody issue because Izwan had unilaterally converted his children to Islam," he said in the appeal brought by Izwan against a Court of Appeal ruling in 2014 granting custody of the children to Deepa.
Haniff said unlike Indira, Deepa did not contest the conversion.
But lawyer Fahri Azzat, who appeared for Deepa, told the Federal Court that the Guardianship of Infants Act was only applicable if the children's parents were dead which was not the case here.
"It is the High Court that has the jurisdiction because the marriage of Deepa and Viran (now Izwan) was registered under civil law," he added.
Fahri said although Izwan was a Muslim, he could submit to the civil court to settle all matrimonial issues with Deepa because the civil marriage was governed under the Law Reform (Marriage and Divorce) Act.
The lawyer said a shariah court was an inferior tribunal and the High Court had supervisory role over any religious court that acted beyond its jurisdiction.
On April 7, 2014, the Seremban High Court granted Deepa custody of the couple's two children. The decision overrode an April 2012 Shariah Court order granting Izwan custody.
But two days later Izwan abducted Mithran from Deepa's home in Jelebu and has been holding on to the boy ever since.
Deepa then obtained a recovery order from the High Court on May 21, 2014 to get police to search for Izwan and Mithran.
On December 17, 2014 the Court of Appeal upheld the High Court order granting custody of the children to Deepa. 

House arrest better than jail for Anwar, lawyers group tells Putrajaya

One year has passed since Datuk Seri Anwar Ibrahim was sent to the Sungai Buloh Prison to serve the five-year imprisonment following his conviction for sodomy in February 2015. – The Malaysian Insider pic, February 9, 2016.One year has passed since Datuk Seri Anwar Ibrahim was sent to the Sungai Buloh Prison to serve the five-year imprisonment following his conviction for sodomy in February 2015. – The Malaysian Insider pic, February 9, 2016.
Datuk Seri Anwar Ibrahim should be released from jail and put under house arrest instead, Lawyers for Liberty (LFL) said today, one year after the opposition leader was sent to the Sungai Buloh Prison.
LFL executive director Eric Paulsen said the former parliamentary opposition leader suffered from health issues and limited access to medical treatment, adding that his incarceration tarnished Malaysia's reputation.
"In line with Anwar’s status as 'prisoner of conscience' and international concerns that have been raised, we call upon the authorities to release him on house arrest so that he can spend the rest of his sentence in a minimum security correctional facility and for him to receive the medical treatment that is not available in prison."
Tomorrow marks a year since the Federal Court upheld his conviction on a charge of sodomy, sentencing him to five years' jail.
Anwar was charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, in 2008.
"Every additional day Anwar is kept behind bars, is a grim reminder on how far Malaysia has fallen, how undemocratic and oppressive the government has become towards its political adversaries," said Paulsen.
He said the US, EU, UK, Canada, New Zealand, Switzerland, International Federation for Human Rights, Human Rights Watch (HRW), Amnesty International, Inter-Parliamentary Union and International Commission of Jurists had all denounced the verdict.
The United Nations Human Rights Council Working Group on Arbitrary Detention had also found Anwar's detention to be "arbitrary" and called for his release, said Paulsen.
HRW today said US President Barack Obama should publicly urge Prime Minister Datuk Seri Najib Razak to release Anwar when the two meet at the US-Asean summit next week.
It said Putrajaya should "unconditionally release" Anwar because his incarceration was on "politically motivated charges".

Guru sekolah agama ditikam, dikelar anak sendiri

Suspek berumur 21 tahun adalah pesakit mental dan tidak mengambil ubat penyakitnya sejak dua minggu lalu.
KUALA LUMPUR: Seorang guru sekolah agama cedera parah ditikam oleh anak lelakinya yang dipercayai mengalami masalah mental di sebuah rumah teres dua tingkat di Jalan Rejang, Setapak di sini, malam tadi.
Dalam kejadian kira-kira jam 8.30 malam itu, Khariah Hashim, 49, yang merupakan guru wanita Sekolah Rendah Agama Al Amin di sini, ditemui terbaring di lantai tingkat bawah rumah dalam keadaan berlumuran darah.
Mangsa yang cedera parah dengan kesan tikaman di bahagian perut selain kesan kelar di dahi, ditemui oleh dua lagi anak lelakinya yang baharu pulang dari taman permainan berhampiran.
Ketua Polis Daerah Wangsa Maju, Supt Mohamad Roy Suhaimi Sarif, berkata menurut mangsa, anaknya yang berusia 21 tahun telah menikam dan mencederakannya.
“Seorang lagi saksi iaitu anak lelaki mangsa berusia 14 tahun yang berada di tempat kejadian ketika insiden, menyatakan bahawa dia nampak suspek menikam mangsa,” katanya di sini, hari ini.
“Polis turut menemui sebilah pisau berukuran 45 sm di lokasi kejadian. Suspek telah melarikan diri,” katanya sambil menambah mangsa dihantar ke Hospital Kuala Lumpur untuk rawatan lanjut.
Mohamad Roy berkata, menurut ayah suspek, anaknya merupakan pesakit mental yang memegang kad psikiatri, dan tidak mengambil ubat penyakit itu sejak dua minggu lepas.
“Usaha mengesan suspek giat diteruskan,” katanya.


rafizi-ramli parliment
LSS Report
Today I am convinced that Rafizi Ramli is an amateur in financial analysis.
Today, Rafizi claims that Tabung Haji may have lost up to RM3 billion if Bursa Malaysia dropped by 10% in 2015 and the reserves are negative.
How utterly simplistic this Rafizi is!
Having pages of analysis and tables is of no use if your basic assumptions are already all wrong!
He is wrong again for these reasons.
1) Bursa did not drop 10% but 5% last year.
2) Even if Bursa dropped 5%, it does not mean all of TH’s stock-holdings have dropped. Some lost money while others made money – which is why you have such things as portfolio investments.
Why do you think mutual funds from Public Mutual and Prudential still pay out dividends and bonus? They invest in the same Bursa stock market as TH, too, correct? Or did Public Mutual and all other unit trusts also lose money and have negative reserves? Use your brain lah!
3) Only about 50% of TH’s investments are in equities – and not all of them are listed. Up to 30% are in money market (government securities, bonds, etc.) and up to 20% are in properties – which all still paid positive returns,
4) Rafizi failed to acknowledge that TH’s multi-billion investments in London properties made returns of as much as 200% over the past two years, which TH has wisely cashed in with bumper profits.
5) Many of TH’s stock market and equities investments paid dividends – regardless of share price performance.
6) Rafizi failed to understand that some of the biggest TH investment in the stock market has crossed the 20% threshold where TH has to equity-account or consolidate the accounts and cannot just use stock market valuation. Such companies include Bank Islam, which is TH’s largest equity investment ,which it owns 53.6% (profits grew in 2015) and TH Plantations (72.8% ownership).
The TH CEO already clarified that BNM’s earlier comments on TH’s September 2015 reserves did not take into account other assets, properties and shareholdings.
Also, Rafizi’s insistence that TH’s reserves are negative is an insult to the Auditor-General of Malaysia who has audited the accounts and confirmed that the reserves are positive and hence legally able to pay dividends.
And, more laughably, Rafizi said this on Bank Islam and TH.
“These assets can’t be liquidated because they are in the form of loans that were given out by Bank Islam to customers and also the federal government,” Rafizi said, in pointing out that the entity that covers 80 percent of TH’s additional assets when consolidated was Bank Islam.
“So, in order to pay off all its liabilities, TH has no choice but to liquidate its own assets, and based in the statement ending in 2014, they don’t have enough money to pay everyone if all TH depositors withdraw their savings immediately,” he said.
Lapiji, what you are describing applies to EVERY SINGLE FINANCIAL INSTITUTION (FSI) in the world.
If any FSI had their depositors withdraw all their deposits at the same time like you said, no FSI would be safe.
That is the very basic nature of FSIs – they use deposits to generate return by lending or investing longer-term in other areas to get higher returns so that they can make a profit and pay interest to their depositors.
If you want to be completely safe then keep your money under your blanket but you will end up with zero returns and there would also be no such thing as FSIs.
It cannot be that Rafizi does not understand this or he just wants to continue poking TH so that the depositors to do a bank run and hence get TH to collapse?
What is your motive, Rafizi?
And why are you still keeping more than half a million ringgit in TH if it is unstable?

Fire breaks out on KTM Johor Baru-Butterworth express at Sungai Gadut, Seremban

View image on Twitter

A Keretapi Tanah Melayu Bhd (KTMB) passenger train travelling from Johor Baru to Butterworth caught fire near the Sungai Gadut station in Rembau, Negri Sembilan today.

Negri Sembilan Fire and Rescue Department chief Norazam Khamis said the fire started in the engine at 2.35pm.
“The driver noticed the fire and stopped the train for the passengers to alight. They walked about 1km to the Sungai Gadut station,” he told The Malaysian Insider.
About 310 passengers were on board the train. All got off the train safely.
The driver, however, sustained burns on his palms.
Firemen stopped the fire from spreading to other parts of the train, but the engine and driver’s part of the train were destroyed.
Norazam said an emergency response team and firemen from the Senawang, Seremban and Rembau fire departments put out the fire.
KTMB corporate communication head Ridhwan Arshad said:  "We are arranging for another train for the passengers to continue their journey," he said.
The cause of fire is being investigated.


(Click on pic for enlarged view.)


Besieged stooge AG Pandi dug his own grave after white-washing the MACC's investigation into corruption charges against serially lying and defrauding PM Najib. 

The MACC had recommended prosecuting Najib with + or - 37 charges of fraud, misappropriation of public funds, CBT and abuse of power in relation to RM2.6 billion and another RM42 million that had "mysteriously" found its way into Najib's personal bank a/c. 

Najib and his sycophantic BUMNO Ministers and party liars had at first denied any such thing had occurred. "Which fool would do something like that?" they all bleated. Turned out it was their own fool. Then when the whole issue was exposed by the Wall St Journal and Sarawak Report, Najib replied that it was a "donation" and that he had not personally benefited from all that money, despite having used it to buy votes and rig the general election, to be elected PM.

The circus and clowns came out with more and more ridiculous lies. Like the $2.6 billion being a donation from the Saudi Royal family. Or that Najib did not give instructions for transferring or know that RM42 million and RM32 million had been transferred to his a/c??!!

And then, inexplicably, he spent most of that money on dubious payouts, including over RM3 million on diamonds and Birkin bags for his wife from moneys he claimed he had no knowledge of??!!

The world responded with obvious scorn, ridicule and derision. Najib and his fraudsters had succeeded in overnight becoming international celebrity pariahs!

Stooge AG Pandi was stung deep by global criticism of being an accessory to Najib's crimes. To follow the sublime with the ridiculous, stooge AG Pandi's predictable response was in keeping with the denial mode, lying and thieving that has become BUMNO Baru (new) culture. On 6th February 2016, stooge AG Pandi, in an interview with the Sinchew Daily newspaper, shed tears that the government's official secrets were being leaked out with impunity. The government's security apparatus had sprung more holes than Swiss cheese.

Like that would-be thug Beria (security chief, mass murderer, sexual predator and rapist) that stooge AG Pandi is to would-be Stalin, Najib, he said that the current punishment for whistleblowers, a fine and/or jail sentence, were insufficient deterrents. CLICK HERE for Lavrentiy Beria of Russia.

Stooge AG Pandi wanted to table a bill to include 10 strokes of the rotan and life imprisonment for whistleblowers. And here is the icing on the cake CLICK HERE:

"In some countries like China, leaking official secrets carries the death sentence!!"

Stooge AG Pandi of course forgot that whistleblowers are protected by an Act and that the OSA, Sedition Act and SOSMA cannot be used to hide a crime (or murders).

More than that, stooge AG Pandi forgot that if he and Najib were Chinese, by now they would have been, as the Chinese say, "chiang pei" - executed by a firing squad!

Such is the stupidity that reigns supreme in the Malaysian government of thieves and murderers!

Not to be outdone, a certain female MP of dubious sexual orientation in serially lying and defrauding PM Najib's office, supported this idiocy by claiming that official secrets were not leaked in other countries. No one knows which hole she has been hiding and digging in all these years, but obviously she is unaware of Julian Assange, Edward Snowden and Bradley Manning. Stupidity breeds stupidity.

Here is what happened to Lavrentiy Beria (who was charged with treason, terrorism and counter-revolutionary activities) in 1953 after Stalin died:

"A tribunal was set up. When the death sentence was passed, Beria begged for mercy on his knees, and then collapsed on the floor, wailing and crying....Beria was taken to the basement of the KGB HQ at Lubyanka, and shot through the head by General Pavel Batitsky who had to stuff a rag in Beria's mouth to stop his bawling. Six of Beria's associates were executed on the same day by a firing squad."

Does stooge AG Pandi have a death wish, and is he asking for a bullet in the head for himself and his meal-ticket-for-life, serially lying and defrauding PM Najib?

Will our King and Rulers step in before the Military and Generals do?

Donplaypuks® with death wish, bullets in head and execution by firing squads, o' stooge AG Pandi and serially lying and defrauding PM Najib!

Dismay and Disappointment internationally over Malaysia’s Financial Scandals, says former Malaysian Envoy

by Jennifer Gomez
Putrajaya and Prime Minister Dato’Seri Najib Razak are facing an unprecedented onslaught amid the negative reporting globally about 1MDB related financial scandals, says Ex Envoy, Dennis Ignatius.
Dennis Ignatius, who was with the Malaysian foreign service for more than three decades, said there was increasing dismay and disappointment internationally over the direction Malaysia had taken.
He added that the negative press was bad for the country’s economy and Malaysia’s reputation as a moderate, stable and progressive nation was in tatters, squandered by leaders who were only concerned with personal power and personal gain.
“Today, we are viewed as corrupt, undemocratic, unstable and retrogressive, a nation heading towards extremism and intolerance,” the former ambassador to Canada told The Malaysian Insider through email.
Commenting on certain ministers and the Malaysian High Commissioner to the United Kingdom Dato’ Ahmad Rasidi Hazizi’s defence of Putrajaya in the wake of the bad press over debt-ridden state investor 1Malaysia Development Bhd and the RM2.6 billion donation received by Najib, Ignatius said even a single report by the likes of Bloomberg or the Financial Times had an impact more than “a hundred ambassadors peddling government propaganda”.
Ignatius, who also served as Malaysian Ambassador to Chile and Argentina, said Malaysia’s High Commissioner to UK could push the government line in letters to British newspapers all he wanted, but this would only go down well with the UMNO crowd at home and not with anyone else.
He added that politicians these days said things to burnish their own credentials within the party to score cheap points at home rather than try to win arguments abroad.
Below are excerpts from the email interview.
Malaysia’s reputation as a moderate, stable and progressive nation, a reputation that has taken us many decades to cultivate, is now in absolute tatters, squandered by leaders who are only concerned with personal power and personal gain. Today, we are viewed as corrupt, undemocratic, unstable and retrogressive, a nation heading towards extremism and intolerance.-Former Malaysian Envoy, Dato’ Dennis Ignatius
TMIThe international spotlight Malaysia is experiencing now, is it unprecedented?
Ignatius: In all my decades as a diplomat, ambassador and political commentator, I have never seen such an unprecedented level of scrutiny not just by the international media but by other governments as well. Never before has Malaysia received such sustained bad press, such negative reviews, such pointed criticism. This even goes beyond the criticisms that were forthcoming when Dato’ Seri Anwar Ibrahim was jailed and that was already awfully bad.
I think there is now increasing dismay and disappointment internationally over the direction Malaysia has taken. For many years, the international community was willing to give the government the benefit of the doubt despite so many questionable policies because it viewed Malaysia as a valuable partner or perhaps it was hoping that somehow the government would come to its senses and correct itself. Now, there is frustration and increasing impatience over the unwillingness of the government to get its act together. We are becoming a liability to our friends, and neighbours, an embarrassment.
TMI: In the past, how did the Malaysian government respond to such things? Was it done through the Malaysian ambassadors or other channels? What we have now are ministers issuing statements against certain foreign reports, such as Communications and Multimedia Minister Dato’ Seri Salleh Said Keruak and in the case of the report in Financial Times (FT), the Malaysian ambassador to UK wrote to FT in protest.
The Lalang Minister from Sabah
Ignatius: Ambassadors are, of course, expected to press the government’s case with their host countries and to engage the foreign press. It is never an easy task, even at the best of times. Ambassadors can try to spin the truth (didn’t Lord Acton once say that an ambassador is an honest man sent abroad to lie on behalf of his country?), but there’s only so much they can do especially when the news from home is so devastating, when the facts on the ground are so compelling and when the government itself is being evasive and unconvincing. And it continues to spin lies with batting an eyelid.
In any case, a single report by a newspaper like Bloomberg or the Financial Times carries more weight and has more impact than a hundred ambassadors peddling government propaganda.
The strategy of buying their way out of bad press by hiring slick PR firms to plant feel good stories in the foreign media has undoubtedly backfired on them. Most western media are now wary of such PR people though there may still be unscrupulous journalists willing to obfuscate the truth for money.
And don’t forget that it is now much harder for governments to spin the facts because of the Internet and things like Facebook and Twitter. Local news goes global in an instant; opinions are formed and conclusions are made based on group connections that are extremely difficult to change. Undemocratic governments are rightly fearful of the Internet and seek to control it.
Our High Commissioner in London can, therefore, push the government line all he wants in letters to the Financial Times and other British newspapers, but it is clear that the series of scandals that have rocked the government have gone well past anyone’s ability to spin. His letter might go down well with the UMNO crowd at home but it will be scorned by almost everyone else.
Of course, it doesn’t help when our ministers also shoot their mouths off and talk  unadulterated nonsense. But you must understand that these ministers are not thinking about foreign reaction; they are fighting to convince their own supporters and their domestic constituency. They know they cannot hope to convince other governments or the international press; all they can do is to try to hold the line where it matters most to them – domestically.
Besides, so much of what is said these days by some of these politicians is simply designed to burnish their own credentials within the party, shameless and unprincipled apple polishers, rather than to seriously win over the international media. It’s about scoring cheap points at home rather than trying to win the argument abroad.
TMI: ‎In your opinion, are Putrajaya and The Prime Minister facing an unprecedented onslaught?
Ignatius: I think that’s clear enough. And about time too. For too long the international community has been largely silent in the face of so much abuse of power – the jailing of Anwar, the use of draconian laws to stifle dissent, the harassment of the opposition, and the slow death of our once proud democracy. While human rights NGOs rightfully took the government to task, Western democracies stayed largely silent or just confined themselves to issuing pro forma protests so as not to jeopardise lucrative business deals or stay on side with a so-called “moderate” Islamic nation. US President Barack Obama, for example, shamefully coddled one of the most undemocratic leaders we’ve ever had instead of upholding the great democratic traditions of his own country. It simply encouraged the government into thinking that they could get away with anything, that they were too important to be criticised.
Malaysians, frustrated at not being able to find justice at home, subsequently went global with their concerns – the globalisation of our discontent as I called in a recent article. People like Khairuddin Abu Hassan appealed to foreign jurisdictions to take action and it has forced the international community to sit up and take notice, particularly when these scandals also violate the laws of a number of foreign jurisdictions.
With foreign authorities investigating high level corruption and money-laundering in Malaysia, we may at last see some justice done.
TMI: In your opinion, how damaging are these international reports to Malaysia?
Ignatius: There is no doubt that the many exposés about corruption and malfeasance as well as the crackdown on the opposition, the stifling of the media and Internet, the restrictions on civil liberties and the whole hudud debate have been extremely damaging to Malaysia’s reputation.
Malaysia’s reputation as a moderate, stable and progressive nation, a reputation that has taken us many decades to cultivate, is now in absolute tatters, squandered by leaders who are only concerned with personal power and personal gain. Today, we are viewed as corrupt, undemocratic, unstable and retrogressive, a nation heading towards extremism and intolerance.
The economic consequences have been devastating as well. Respected financial commentators like Bloomberg are reporting an erosion of investor confidence. There’s too much political uncertainty, too many reports of corruption, mismanagement and sleaze and that always makes investors nervous. It is not for no reason that last year, foreign investors sold a net US$7.4 billion of Malaysia stocks and bonds and the ringgit fell 19%.
TMI: What can or should Putrajaya do, should ministers continue with their knee jerk reactions to reject the international reports or should there be more diplomacy?
Ignatius: Diplomacy? I don’t know that there’s a role for diplomacy in all this. Diplomacy can’t cover over scandal and corruption and neither is it designed to do that. The government must put its house in order, get real and undertake meaningful reform. It has to convince both Malaysians and the world that it can change for the better. Regretfully, there is no sign of that. Their strategy is to deny everything, keep insisting that everything is fine, vilify their critics and hope that it will all blow over. It’s the Mugabe method, I suppose.
TMI: What do you think about the Swiss attorney-general (A-G) making a public statement about the 1MDB probe. Minister Salleh Keruak said it was wrong of him to issue a public statement. Do you agree?
Ignatius: Of course the minister would want things done on a government to government basis, away from the glare of publicity. They want to try to control the message, put their own spin on the issue. By going public the way he did, the Swiss A-G, who by the way is free of political interference, brought the international spotlight back on the issue. It was nothing short of a slap in the face of our own A-G who conveniently dismissed the case against his boss.
It was a sign that the international community has lost confidence in the ability of Malaysian law enforcement to properly and fairly investigate the matter. I’m sure most Malaysians consider the Swiss A-G a hero, an example of what a real A-G should be like. More power to him!
And the latest reports that the Saudi foreign minister is now distancing his country from the so-called donation speaks, I think, of Saudi unhappiness and impatience that they are being dragged into the scandal. I wonder what our A-G will now have to say after so smugly dismissing the case.