Friday, November 7, 2008

HOPE LIGHTS AGAIN

The freeing of Raja Petra hit us like a tsunami.  Suddenly, we realise that there are more defenders of freedom that we are aware of.  The judiciary is supposed to be the last bastion of justice when all else fails and after all the brouhaha on the inactions following the verdict of the Royal Commission of Inquiry, the judgment to free Raja Petra has revived hope again for the institution of the judiciary.  We salute the courage of the judge.  Well done also to the habeas corpus legal team, Malik, Azhar, Neoh, Ashok et al.  Well done also to all those who sold Free RPK tshirts, those who bought them, those who lit the candles at the vigils at the Amcorp Mall Padang.  HOPE IS LIT AGAIN!

We, the MCA74justice, 

  • support the release of Raja Petra.
  • support the abolishment of the ISA.

We call on the MCA President to support the abolishment of the ISA, for at the end of the day, every man/woman deserves a fair trial irrespective of race, religion or creed.

mca74justice.blogspot.com

Friday, September 26, 2008

Free RPK & Abolish ISA

We say that it is not sufficient to just review the ISA or introduce a Race Relations Act.. what is of immediate concern is that draconian laws that provides for detention without trial be abolished immediately.  The reason is simple: such laws are being abused to protect interested parties and its very existence is an affront to every Malaysian citizen.  After 51 years of independence,  it is time we move away from laws that compares our great nation favourably to nations such as Zimbabwe and Myanmar.  Go to this link, it contains an open letter calling for the abolishment of the ISA and the immediate release of Raja Petra and all ISA detainees.


mca74justice.blogspot.com

Saturday, September 20, 2008

Repeal the ISA





Bar Council EGM at MCA HQ

Today, ALL the Bar members who attended the Bar Council EGM  unanimously adopted the resolutions by the Malaysian Bar, with No votes against and No abstentions.  Among these resolutions are the repeal of the ISA and the immediate and unconditional release of Raja Petra.  The Bar Council invited 3 special speakers: Pushpa - the wife of ISA detainee Manoharan, Laila - the wife of another ISA detainee and the just released Teresa Kok.

This indicates that (ironically, given the Ahmad debacle) one thing is clear: those in power abusing the ISA do not discriminate based on race.

Incidentally, we, the MCA7, call upon Ong Ka Ting to clarify his pledge to "champion Chinese causes" in order to win back the support of the Chinese, as reported in Malaysiakini.  How does he propose to do so?  

On our part,  we say that the only way for the MCA to win back the support of the Chinese is to to champion Malaysian causes and not the BN way of each component party championing its own race.  

mca74justice







Tuesday, September 16, 2008

MCA, Walk The Talk

FINALLY, MCA asked for RPK and Teresa to be released.  Two questions:

1. BY WHEN?
2. IF NOT RELEASED, WHAT WILL YOU DO?

Otherwise, it will be empty talk again, but what else is new?

mca74justice.blogspot.com

Monday, September 15, 2008

Wave Your Flag

On Merdeka Day, there was a nary a Malaysian flag being flown, unlike yesteryears when Malaysian flags were stuck on the windscreen of most vehicles.

But on Malaysia Day last night, there was a SEA of Malaysian flags being waved.

We have to keep waving until all the innocent victims of the abuse and mis-use of the ISA is freed, then we can truly celebrate Malaysia Day.  We wave our flags by speaking up, by making our views known to the abusers of the ISA, by telling our elected reps to disassociate themselves from the abusers of the ISA by taking MCA out of the BN, by making known to all that We Are One Nation, irrespective of race religion or creed.

mca74justice.blogspot.com

Sunday, September 14, 2008

MCA, QUIT BN NOW















We note that when the Law Minister of the country threatens to resign over the (mis)use of the ISA, then the nation is truly under siege, hence the flying of the Flag upside-down.  It is clear that Zaid Ibrahim wants history to record that he is not part of the process that misused and abused the ISA.

Tell us, which MCA leader was part of the process to mis-use and abuse the ISA?  Usually such a move cannot be made without the involvement of the cabinet.  Such MCA leaders bring great shame to all its members!  We say, if you dare to do it, then Own Up if you are part of it, in order that we, MCA members, can Dis-own you!

If, however, no MCA leader was part of the process to mis-use the ISA, then our dear MCA leaders must resolve for MCA to immediately QUIT the Barisan Nasional!  Take heed of Zaid Ibrahim's example, and find some courage for once to stand up to the dictatorial elements within UMNO!  Don't let MCA members down for the last time!  Because if you let MCA members down again, MCA members will all leave MCA in droves and MCA will be as an empty shell with only its pathetic, gutless MCA leaders with their sorry cronies!  

mca74justice.blogspot.com

Saturday, September 13, 2008

MCA "Leaders", Are You Part of This?

To our supposed MCA Leaders: Ong Ka Ting, Ong Ka Chuan, Ong Tee Keat, Chua Soi Lek, etc etc.

What we, the members of the 7 MCA branches in PJ Utara, wants to know is this: were you part of the government process that led to the decisions to initiate the ISA crackdown?
 
If you dont stand up now in this climate of fear sparked by the ISA crackdown,  you can forever hold your peace because you useless lot are then no longer our leaders.

P/S Samy Vellu, stop talking about how you called the PM to tell him to immediately release Ms Tan the Sin Chew reporter.  You can start talking when you have addressed the issue of the HINDRAF 5.

mca7forjustice

Tuesday, September 9, 2008

Whimpering MCA, Gerakan and MIC Leaders Wilt in Face of Big Brother UMNO!

So, the BN component parties have agreed to allow UMNO to decide on any action to be taken against that unworthy recipient of the Datukship title Ahmad Ismail, for uttering racist remarks against Chinese.

What a useless bunch of leaders we have in MCA and Gerakan and MIC.  This Ahmad goes round openly flouting the ISA and Sedition Act and what not, yet MCA, MIC and Gerakan do not demand at the BN Supreme Council meeting today that such a seditious utterer be charged under the existing laws.  How they can delegate the actions to be taken against Ahmad, to UMNO solely, is beyond comprehension.  Should not the law of the country apply to Ahmad instead?  Should the police not take steps to charge Ahmad instead? How is it that the MCA, MIC and Gerakan leaders do not insist at the BN Supreme Council Meeting that the law be applied to Ahmad, instead, they are preferring internal UMNO party procedures take precedent over the laws of the land?

If this is the case, then it is best that ISA and Sedition Act be abolished altogether, for it seems that the present government is indulging in selective prosecution yet again.  And in fact, this is our stand, that the ISA and Sedition Act are draconian laws that should be abolished for it is increasingly appearing to be as a tool to be used only when convenient.  If UMNO procedures can take precedence over these laws, then there really is no point in having these laws.  

Utterly Useless Whimpering MCA, MIC and Gerakan leaders!

mca74justice 

Saturday, September 6, 2008

Pendatang = Niggers

This is the headline in the Malaysian Insider today:

"Pak Lah: Ahmad is not a racist

By Adib Zalkapli

TASEK GELUGOR, Sept 6 – Umno president Datuk Seri Abdullah Badawi declared today that Datuk Ahmad Ismail, the Bukit Bendera division chief, is not a racist..."


How is calling the Chinese "Pendatang" not a racist comment, but a mere "historical fact?"? Its just like calling blacks "Niggers".  Or maybe you can make racist comments but not be a racist? Seems to us that's what our PM is saying.  MCA should not hesitate any longer.  MCA must no longer be part of a government that deems people who make racist remarks as non-racists!


mca74justice

Thursday, September 4, 2008

A Rare Kind of Courage, Putting Malaysians to Shame

We refer to the news report in Malaysiakini today headlined "Pusrawi's Dr. Osman appears in public".  We are stunned by the courage of Dr Osman to stand by his statutory declaration detailing his medical examination of Saiful, which medical report concluded that there was no sodomy.

It is refreshing that there is a doctor of courage who stands stout in his principles of speaking only the truth and stands firm in his professional ethics.   For most of us, as we are sure it was for Dr Osman, probably the only questioning by police that we have faced in our lives are when we are stopped by the traffic policeman for infringing traffic rules.  Therefore one can only imagine how deeply stressful and distressing it must have been for him to have to face 3 rounds of interview by the police and being made to sign statements in Bahasa Malaysia which he is not fluent in.  Most of us would have buckled under in such circumstances.

And yet stand up he did.  To the extent of affirming a Statutory Declaration and standing by his medical report.  How many of us Malaysians today have the courage to stand up and speak up when the truth is being trampled upon?  And yet it took a Myanmar Doctor to show us courage in a matter that is very much a Malaysian issue.  How shameful for us as Malaysians!

We, the members of 7 MCA PJ Utara branches, applaud the good doctor and his courage in speaking the truth, putting us Malaysians to shame!  If memory serves us right, we believe there might have been earlier reports stating that he has been sacked by Hospital Pusrawi.  If indeed he has been sacked, this would mean that for speaking the truth, he is not just getting regular visits from the police, but also lost his job!  It seems such a thankless task to stand up for the truth, and most of us would not have done such a thankless task. To show that we are not just all talk, if indeed he has been sacked, we will pass the hat around among our MCA members, and then perhaps we can pass a token sum to him as an appreciation from MCA and ashamed Malaysians!

mca74justice

Tuesday, September 2, 2008

Malaysia Today

When I was overseas, it was easy to access the Malaysia Today website. So I couldn't understand what all the fuss was about the blocking of Malaysia Today.  Then I came home, and I found that the site is indeed blocked.  So it seems that the government is able to block anyone in Malaysia from accessing the blog.  This can only mean that the local ISPs have complied with the government's order to block access to Malaysia Today!

But technology being technology, the government is fighting a losing battle in attempting to block access.  All I needed to do was to google Malaysia Today and quickly found the new address for the Malaysia Today website.  Along the way, there was even another Malaysia Today website called Malaysiatoday.com claiming to be up since 1998.  But anyway to access the real Malaysia Today, please see the following which I copied from the Malaysia Today website:

ALERT

Malaysia Today is being blocked by Malaysian government. To access use the addresshttp://mt.m2day.org/2008/    You can check the site status at http://m2day.org/ or google for "Malaysia Today ".

Saturday, August 30, 2008

www.projectmalaysia.org

A site called www.projectmalaysia.org was launched at midnight one hour ago.  One of the founders, Malik Imtiaz Sarwar, tells me that this site will run for one year during which 12 core Malaysian themes will be explored through comprehensive no holds barred critical discourse in which all stakeholders have a chance to put measured views across.  The aim is to find solutions for a better nation and craft a blueprint for the future.

I think this is an excellent "Merdeka" project.  We all need to find our identities as Malaysians.  Ours is a nation in transition going through tremendous changes as the GE2008 and PP have shown us.  A large part of the political tsunami can be attributed to the power of the alternative media affording Malaysians today the chance to access alternative, honest, truthful and critical news and discourses on the state of the nation.  In Indonesia, the press is enjoying real editorial freedom, and this freedom of information is propelling the democratic changes in Indonesia that we can only dream of in Malaysia (For example, do you know that there are direct elections in Indonesia for the Governors, Bupatis (district administrator?) and Walikotas (Mayors)?).  We all know that there is no editorial freedom in Malaysia.  For example, at our Press Conference on 29 July 2008, the reporters from the Star and NST and other major newspapers agreed with our stand, but they tell us frankly that they do not know whether their editors will allow our press statement to be published.  Well, it was worst.  The NST totally twisted the reporting on the press conference.  Ultimately, our press statements had to be carried by the foreign press (BBC News and The Straits Times Singapore).

Where we as a nation ends up depends very much on our willingness to stand up and speak up.  Therefore, we urge all to extend your support to Project Malaysia, for Malaysia belongs to us.  The first topic is The Politics of Race.  I say, let all races have a common Malaysian identity.  We in the MCA supports the notion of Ketuanan Rakyat!  MCA Leaders, its time to rename MCA the Malaysian Citizens Association. Begone, UMNO, with your divisive racial politics!

Peter Chen
Legal Adviser
MCA74justice

Thursday, August 28, 2008

No Evidence? Just Swear!

A word to Saiful, Tajol Rosli, Najib on all this swearing business: It is patently obvious that when all else fails (i.e. when you DON'T have evidence), you SWEAR!  

mca74justice

Devolution Not Advancement (DNA) Bill!

Permatang Pauh shows that it is not about DSAI anymore.  It is about realising that we as a nation is standing on the cusp of a new identity as a nation of Malaysians.  It is about realising that we the citizens of Malaysia want justice to be done. It is about realising that the democratic institutions, and the people we elected into Parliament, do not abuse the powers entrenched in the system to victimise a single person.  It is about realising that if the DNA bill gets passed in its present form, it is not just DSAI's human rights that will be trampled upon, but ANY of our human rights can be trampled upon willy-nilly by the supposedly democratic institutions that were set up to protect us!  And this includes the human rights of any UMNO or MCA or MIC MPs or Senators that have run afoul of the elitist few that holds the power to yield the DNA sword!

Think: how incredible it is that the BN Government is so fearful of one man that they are willing to create a new law in an effort to snare him, after failing to get him to submit his DNA!  Syed Hamid's denial that this is so despite it being so painfully obvious, once again makes the BN Government the laughing stock of the international community, lurching Malaysia towards Mugabe-style (mis)leadership!  

Yes, this DNA Bill have shown that the Malaysian Parliament has Devolved Not Advanced ("DNA") as a transparent and accountable democratic institution!


mca74justice

Bravo!

Bravo Hang Cheng Peng! http://www.malaysiakini.com/news/88770

Chor Chee Heung, we invite you to follow the example of the brave MCA FT Youth Chief Hang Cheng Peng, and have the dignity and courage to stand up to your UMNO master! 

mca74justice

Tuesday, August 26, 2008

"Fooled!"

On 25 August, the Deputy Home Minister was quoted to have said this in Parliament:

chor chee heung"I hope voters in Permatang Pauh will not be fooled by Anwar Ibrahim’s campaign," said Chor, the Barisan MP for Alor Star. Balloting for the by-election begins tomorrow, Aug 26.


Well, it certainly looks like the voters in Permatang Pauh have been "fooled".  The MCA voters in Permatang Pauh have been "fooled".  In fact, the whole country have been "fooled".  We have all been "fooled" by DSAI that he can bring about real change to the nation, for that is why the people of Permatang Pauh voted the way they did.  

Therefore we, the members of the seven MCA branches in PJ Utara, call on our leaders to take MCA out of BN NOW for the people of Permatang Pauh have shown to us that they would rather be "fooled"  by DSAI than to remain as parrots and puppets in the BN coalition. 

Monday, August 25, 2008

Church with four spires, reflecting 4 different religions









Menteng Pulo war cemetery

The brochure states that this war cemetery is dominated by a beautiful 'Simultaan' church.  At each of the 4 corners of the church tower, there is a spire: one is a cross symbolising Christianity, another a Star of David (Jewish), another a Yin Yang symbol and another a Moslem Crescent.

In this cemetery, the graves of war heroes of different races and religions are laid side-by-side, united as they are in fighting the Japanese in WWII and for independence of this country.  The different headstones reflect the different religions: Moslem, Christians, Catholics, Eastern Religions, Jewish (Star of David).

Believe it or not, this war cemetery is not in some enlightened Western country, but is in our neighbouring Jakarta, Indonesia.  

mca74justice, just back from Indonesia.  















Sunday, August 24, 2008

MCA7 FOR JUSTICE: NEW LEGAL SYSTEM

MCA7 FOR JUSTICE: NEW LEGAL SYSTEM

NEW LEGAL SYSTEM

Does DSAI not realise that we are at the dawn of a new legal system in Malaysia? We no longer require the judges and courts that make up the judiciary.  We no longer require the Attorney General.  Best of all, we no longer require lawyers!  We only require people in dispute to swear on the Quran or Bible or whichever Holy Book applies, depending on the religion of the disputees.

So if DSAI doesn't swear, then he doesn't support this new legal system.  How dare he.

mca74justice

Monday, August 18, 2008

Spineless MCA Leaders

Gerakan have such brave leaders (except for their spineless leader Koh Tsu Koon) willing to speak out for truth and calling for Gerakan to leave the BN as these brave leaders state that they are not willing to be part of the racist and manipulative BN being ruled by an alarmingly racist "Ketuanan Melayu" UMNO.  It would seem that MCA leaders are as spineless as KTK.  If you, the MCA leaders, don't speak up now, you will lose this golden opportunity to scrape some self-respect from the depths of the dark morass of shame that you have collectively dragged MCA down into.  

DO THE RIGHT THING! Take MCA out of BN NOW! 

mca74justice

BLOCK the DNA Bill

To all MCA members

Call your MP today and TELL them to BLOCK the DNA bill.  Time to show UMNO that MCA MPs will do what's right and refuse to be part of this embarrassingly obvious conspiracy against DSAI.  We, the MCA grassroots, do not want MCA to be part of a government that has become the laughing stock of the entire world.  

mca74justice

Friday, August 15, 2008

Insulting our intelligence & Being Malaysian

Unbelievable.  Despite being well and truly exposed by the Hospital Pusrawi medical report and the statement by Dr Osman, and despite the A-G charging DSAI for consensual sex, this Saiful is still crying rape.  Something wrong with this picture, as if the intelligence of Malaysians cannot be insulted any further. This Saiful guy has actually become irrelevant and insignificant to ordinary  Malaysians because he has insulted our intelligence too much.  

Anyway, here's a glimmer of what Malaysians are all about: at 1Utama this evening, where they were showing the badminton semi-finals at the Beijing Olympics on tv screens all over the mall, Malaysians of all races and religions cheered and clapped throughout the exertions of Lee Chong Wei and erupted when he won.  Lee Chong Wei himself kissed the Malaysian flag on his tshirt twice upon victory.  Lee Chong Wei then literally jumps into the arms of Misbun Sidek.  No, Lee Chong Wei is not a Chinese at the Beijing Olympics in China, this "babi" did not "balik Cina", for he is a MALAYSIAN.  Just as we the members of the 7 MCA branches are.  And here our MCA Leaders are keeping quiet while UMNO harps on Ketuanan Melayu even as the UiTM student protestors protest the erosion of their Malays rights (and where is that PKR Zulkifli Noordin guy?).  Shame on you BN, shame on you UiTM student protestors, shame on you MCA, thank you Lee Chong Wei, thank you Misbun, thank you Malaysians at 1Utama, for showing our politicians a thing or two about Being Malaysian.  

Really, our MCA (non-)leaders have to really start cracking on the relevance of MCA as it stands now.   

mca74justice

Monday, August 11, 2008

MCA Youth

What do you think of the MCA Youth National Chairman Liow Tiong Lai?  Let him know what you think by sending emails to youth@mca.org.my.  If you cc to us at mca7forjustice@gmail.com, we will publish it in our blog as well.  We have sent him an email at his website requesting him to state his stance on the political persecution of Anwar and of course there is no response.  It seems to be a habit of MCA leaders to ignore the grassroots now.  We invite the grassroots of other branches to join us in pestering our supposed MCA leaders such as OKT, OTK, Liow, Chua Soi Lek etc to state their stance on the political persecution of Anwar.  Do they agree that Anwar's political future should be determined by us, the people of Malaysia, not by political persecution on trumped-up charges?  How will Liow feel if he is the one being persecuted? 
Read this at http://themalaysianinsider.com/index.php/headlines/42-lead-stories/2804-race-for-mcas-top-post-heats-up
Race for MCA’s top post heats up
AUG 11 — The gloves are off in the race to become the next president of the MCA.

And it is slowly turning into a contest between the presumptive frontrunner Datuk Ong Tee Keat and former vice-president Datuk Seri Dr Chua Soi Lek, the former minister forced out of office earlier this year by a sex scandal.

While never naming each other directly, a war of words has erupted between the two men in the last two days.

“Ong Tee Keat may want to continue with personal attacks but I will continue to work. I feel party members are more interested in a president who will work hard to revive our party.

“Whether or not my apology is acceptable it is up to the MCA members to decide,” Dr Chua told The Malaysian Insider.

Dr Chua, who has still not openly declared his candidacy for the party presidency, was responding to comments made on Saturday by Tee Keat, the man who has been endorsed by Datuk Seri Ong Ka Ting, the unpopular party president who is stepping down following the MCA’s loss of Chinese support in the March general election.

Tee Keat had pointed out on Saturday that leaders hoping to make a political comeback cannot expect to wipe the slate clean of their wrongdoings with mere apologies, referring to the emergence of secretly taped video clips of Dr Chua engaging in sex acts with his mistress.

Dr Chua said at the time the recordings were meant to kill him off politically, but he also acknowledged responsibility for what had happened and subsequently resigned as minister.

The MCA’s poor performance in the elections in March has now plunged the party into a scenario in which it is finding it difficult to regain a semblance of support from Chinese voters who are now strongly backing the DAP and PKR.

Tee Keat, who is the only man to have officially thrown his hat into the ring so far for the prize of becoming MCA president, is still a clear frontrunner.

But Dr Chua, who has yet to declare his candidacy, has been busy campaigning, stepping-up public appearances and getting more air time on television and radio.

He has been trying to position himself as a strong leader, and has criticised the current party leadership of not speaking up enough for the Chinese community and allowing Umno to ride roughshod over the MCA.

Writing in his blog last week, he also appeared to have taken a swipe at Tee Keat, pointing out that the next MCA president “should not be aloof and distant,” in an apparent reference to Tee Keat’s reputation as a “lone ranger’’ who has few allies or loyal following with very few members relating to his style of leadership.

But the former Health Minister will still have his work cut out for him, with Tee Keat’s attack demonstrating how the sex scandal will continue to haunt him should he decide to go for broke and contest the presidency.

Besides Dr Chua, another former Health Minister, Datuk Chua Jui Meng, is also seriously considering a tilt for the presidency.

While no one besides Tee Keat has declared his candidacy for the elections, what is slowly emerging is that once again the party is splitting into rival factions.

There are no clear alliances yet but party stalwarts Datuk Dr Ng Yen Yen, Datuk Donald Lim and Datuk Dr Fong Chan Onn are said to be unhappy with the current leadership of Ka Ting, sharing a common stand with Dr Chua.

The current party president is clearly backing a new team which includes Tee Keat, his brother Ka Chuan and the popular Datuk Liow Tiong Lai.

Former president Tun Dr Ling Liong Sik, who remains influential, is said to be backing the rivals to Ka Ting’s choices.

Comments (2)Add Comment
SPEAK WITHOUT FEAR OR FAVOUR
written by dct, August 11, 2008
Malaysians are short of leaders like Ong Tee Keat who dares to speak without fear or favour. 

We don't need 'leaders' who only dare to speak when they are out of the government!
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Deaf MCA Leaders
written by Peter Chen, August 11, 2008
Are these MCA leaders, by keeping silent, consent to the actions of the BN government in persecuting Anwar? That is the question on the minds of all MCA grassroots members. What does the MCA top leadership have to say about this other than just nodding its head in UMNO's direction, and forming cliques and what-nots to jostle for positions in MCA? Unless the concerns of the grassroots are addressed, I fear all these jostling will be in vain as MCA will collapse as a political party. So wake up and listen to the grassroots and stop turning a deaf ear: www.mca74justice.blogspot.com
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Sunday, August 10, 2008

MCA Leaders, Stop Jostling and State Your Stance

Today, we sent the following email to the MCA HQ Email: info@mca.org.my: "We the grassroots are fed up with MCA constantly keeping silent and nodding its head to whatever UMNO says.  We want to know what the MCA leaders' s stance are with respect to the political persecution of Anwar.  If it could happen to Anwar, it could happen to any MCA member if all we do is to keep silent and agree to whatever UMNO says.  We challenge all those challenging for MCA positions to listen to the grassroots and STATE their stance!"  www.mca74justice.blogspot.com

We ask all readers to join us in asking your branch and division leaders to ask the MCA top leaders (who at this moment are more interested in jostling for positions in MCA rather than listening to the grassroots) to state their stance!

Thursday, August 7, 2008

Still on B or C

The 28th June 2008 police report reported by Rocky's Bru, and which we obtained from The People's Parliament which we reproduce here: 
“Saya Mohd Saiful Bukhari b Azlan ingin melaporkan bahawa saya telah diliwat oleh majikan saya. Perkara ini berlaku tanpa kerelaan saya. Kejadian terakhir berlaku 26/6/08 di Unit 1151, Kondominium Desa Damansara, Jln Setia Kasih, KL. Oleh itu, tujuan laporan ini dibuat untuk mendapat pembelaan dan keadilan keatas diri saya. Saya juga berasa bimbang dengan keselamatan diri dan keluarga saya jika perkara ini tersebar luas di khalayak ramai. Majikan saya Dato Seri Anwar Ibrahim - Ketua Umum PKR.”

We think that "tanpa kerelaan" means without consent, or involuntarily.  So it cant be S.377B since that requires voluntary conduct.  It also cant be S.377C even though that covers "tanpa kerelaan" as the Pusrawi medical report has ruled out assault.  In fact, this also means that both S.377B and S.377C are ruled out by the fact that the Pusrawi medical report has ruled out sodomy altogether, with or without consent!

But it seems that within MCA, what we the grassroots think is not important.  What is important within MCA is what the MCA President and the MCA Sec-Gen thinks.  So: what do you think, Mr MCA President and Mr MCA Sec-Gen?  Or for that matter, what does anybody from the MCA top leadership think?
mca74justice

B or C

From Malaysiakini:

"According to Anwar’s lawyers, Section 377B refers to consensual sex, not assault.

the charge against anwar ibrahim sodomy allegation trial 070808The former deputy premier was initially expected to be charged under section 377C which reads "committing carnal intercourse against the order of nature without consent”.

Deputy public prosecutor Hanafiah Zakaria however told the media that the interpretation of section 377B is open on whether the offence was done with or without consent as the provision is silent on the word ‘consent'.

Although Saiful appeared to be equally culpable under the law, Home Minister Syed Hamid Albar said he would not be charged because he had lodged the complaint.

"You have to make a choice. Do we charge the person who lodged a police report claiming that the act had taken place?" he said, according to the state Bernama news agency. "


This is our query on the DPP's and Syed Hamid Albar's statements which we hope some criminal lawyers out there may enlighten the public: A complaint of sexual assault and rape means the sodomy is done without consent.  In which case shouldn't it be natural that Section 377C be used instead as it states carnal intercourse without consent? Especially as Saiful had complained of sexual assault? Why then use Section 377B, where the key word is "voluntarily"? Does this not mean the sodomy is done voluntarily, in other words with consent? Is this not the natural construction of the words in Section 377B? How do the DPP and the Home Minister explain the charge under Section 377B?  Could it be, (shock horror) that the Hospital Pusrawi medical report, which found no signs of assault or sodomy, have precluded the use of Section 377C?   

"Seek justice, by seeking to expose the truth" ...mca74justice


The good doctor has sworn a statutory declaration standing by his medical report and elaborating on all the events leading to the medical report and beyond.  In addition, he also signed a statement on behalf of Hospital Pusrawi Sdn Bhd explaining in detail the examination conducted by him.  These can be viewed at http://us2.malaysia-today.net/2008/content/view/10901/84/.

And until now, the top leadership of MCA still has not spoken on this issue.  The grassroots are getting more and more disillusioned with MCA's top leadership by the day for their failure to adjust accordingly to the results of the political tsunami.  MCA members have started to desert MCA, as evidenced by Dr Tan Yee Kew's crossing over to PKR, and this news item in the Sun about crossovers to DAP.  

And still our top leaders keep mum.  Do their silence mean they agree and acquiesce to this sodomy trial?  Wake up, MCA leaders, before MCA becomes irrelevant!!  

We, the seven branches of MCA Petaling Jaya Utara, hereby invite the MCA top leaders to contact us immediately to hold a dialoque on this sodomy issue in order that the MCA top leaders can relate to the grassroots!

mca74justice

At Court Today

The Actual Charge Sheet.  
DSAI's case not listed on the notice board of Sessions Crt 1.
Literally thousands of people in court today.  
DSAI entering court.

This is such a strange day.  DSAI is now charged under S337B which we have been made to understand refers to "consensual gay sex".   What happened to all the sexual assault and rape claims? And there is only one charge, that DSAI and Saiful "did it" at between 3.01pm and 4.30pm at 11-5-1, Desa Damansara Condo, despite Saiful's claims that sodomy occurred on at least 8 occasions.  DSAI's lawyer Nair came out to say that at that material time, DSAI has a rock solid alibi supported by 5 witnesses.  And according to the Malaysian Insider, Syed Hamid at a press conference nearby says no need to charge Saiful as he is the "complainant". Huh? Smacks of selective prosecution. This trial is descending into farce even at its inception. 

Peter Chen, Legal Advisor, MCA74justice.

Wednesday, August 6, 2008

update

The crowd here is huge.  We will be posting pictures after this.  DSAI is being charged at Sessions Court 1 at the Jln Duta crts.  Everyone jostling for a good vantage point.  Huge presence of police and FRU at the courts today.  Maxis broadband service keeps disconnecting our laptop today at the courts.  So it is difficult to blog from here.  DSAI's case is not posted on the notice board. Heard that Malaysia Today has posted more Statutory Declarations and some report or statement from the good doctor.  But cant access Malaysia Today.  More updates later.

mca74justice

Tuesday, August 5, 2008

BREAKING NEWS

BREAKING NEWS!!!

Despite the lack of evidence and evidence to the contrary already in the public domain, DSAI has been asked to present himself to the Jalan Duta Sessions Court tomorrow to be charged for sodomy.  We urge the government and all stakeholders to be professional and not engage in another fiasco as when balaclava-clad police descended on DSAI.  We urge the government and police to exercise fair play and exhibit justice and transparency this time round.  We, the grassroots of MCA, again reiterate that the BN Government should remember that DSAI is still a fellow Malaysian citizen and he deserves to be accorded respect for his rights as a human being and as a fellow Malaysian citizen, just as you and me.  The image of our country Malaysia is at stake, we do not want to be an international pariah!  

We will be at court tomorrow to observe proceedings..

mca74justice

DEAFENING SILENCE - MY LEADER, MY LEADER, WHEREFORE ART THOU MY LEADER?

This is an article published in The Straits Times, Singapore on Sunday 03 August 2008.  We note that the ex-Serdang MP Datuk Yap Pian Hon was quoted as saying that we should not interfere and should just let the police investigate, and that our press statements do not reflect the party's stance.

We laud Datuk Yap for having such confidence in our democratic institution, and we invite Datuk Yap to state what he thinks the party's stance is on this issue.  Meanwhile, unless Datuk Yap can state that he is the spokesman for the party top leadership, we, the grassroot members of MCA, call upon the top party leadership to immediately state their stance on this issue.  The silence from the top is DEAFENING!

MCA74justice


In a rare move, seven branches hit out at handling of Anwar sodomy case

By Hazlin Hassan, The Straits Times

Seven branches of the Malaysian Chinese Association (MCA), which is part of the ruling coalition, have voiced their concern over the government's handling of the alleged sodomy case involving opposition leader Anwar Ibrahim.

A strongly worded statement issued by the branches, which represent some 1,000 members in Selangor, rapped the government and asked for all evidence to be revealed quickly.

Although the seven form a small group compared to some 4,000 MCA branches around the country, it is an indication that some party leaders - often railed by the Chinese community for being timid - are now willing take a stand on tough issues.

'MCA cannot remain silent any more, lest we be accused (if not already accused) of being accomplices to diabolical conspiracies,' said the statement, which was issued last Tuesday. It was released in the wake of a leaked medical report concerning Datuk Seri Anwar's accuser, Mr Saiful Bukhari Azlan.

The report showed that a doctor who examined Mr Saiful found no evidence of sodomy.

The statement by the seven branches was issued before Pusrawi Hospital told the media that its doctor did not perform a 'sodomy-related' examination on Mr Saiful.

But Mr Peter Chen, legal adviser for the seven branches, said: 'If it was not sodomy-related, then why did the medical report rule out sodomy?'

He told The Sunday Times yesterday: 'How stupid do you think we are? People are so angry now over this issue.'

The open criticisms are highly unusual because the non-Malay government parties had in the past kept out of issues involving Malay leaders for fear of a racial backlash.

Mr Anwar's sodomy trial in 1998 ended up being a battle for Malay votes.

But this time around, Mr Chen said: 'Even Malays are calling me to support our stand, and they are saying they are fed up with Umno. It shows that Malaysian politics is evolving, irrespective of race.'

He denied any internal squabbling within MCA.

Mr Lee Chong Beng, chairman of one of the branches that co-signed the statement, told The Sunday Times that the grassroots do not believe in the sodomy charges.

His comments echoed the results of a recent poll conducted by the independent Merdeka Centre which found that only 11 per cent of those surveyed believed in the accusation.

But senior MCA leader Yap Pian Hon hit back at these branches.

'They should not interfere and should just let the police investigate. I don't know what their agenda is. This is not our party's stance.'

Press Statement 1st August 2008




We have received many phone calls and sms'es asking if the press statement on 29th july 2008 was genuine.  No doubt, the failure of the mainstream press to report on our press conference led many to doubt the press statement.  But there were some reports with photographs, one of which we now reproduce here.  This photo shows the branch leaders of the 7 MCA branches, and Mr Peter Chen (Legal Advisor) and Mr Lee Chong Beng holding up the Saiful Bukhari Medical Report.


Press Conference Tuesday 29 July 2008