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Anwar Ibrahim

Posted: 10 Mar 2014 07:35 PM PDT

Anwar Ibrahim


Conviction and Sentence of Dato’ Seri Anwar Ibrahim for Sodomy II: Justice is Not Only a Fact to be Established; It Must Also be Seen to be So Established.

Posted: 09 Mar 2014 10:31 PM PDT

Press Statement by The Malaysian Bar

By Christopher Leong, President, Malaysian Bar, 9 March 2014

The Malaysian Bar is deeply troubled by the conviction and sentence to five years' imprisonment of Dato' Seri Anwar Ibrahim by the Court of Appeal, for what was essentially consensual sex between two adults.

Dato' Seri Anwar Ibrahim was convicted and sentenced under section 377B, read with section 377A, of the Penal Code.

Section 377A of the Penal Code criminalises sodomy and oral sex (fellatio).  Section 377B provides that whosoever voluntarily commits the acts described in section 377A shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.  These provisions make no distinction between heterosexual and homosexual consensual sexual acts, and are thus applicable to both.

A law is only good and just if it is consistently and equally applied and enforced.  It is extraordinary that Dato' Seri Anwar Ibrahim has been prosecuted and convicted twice, in a country that has rarely seen a prosecution and/or conviction for an offence of consensual sexual acts between adults under section 377A, read with section 377B, of the Penal Code.

This glaring anomaly and inconsistency brings the administration of justice into disrepute.  It also fuels a perception that Dato' Seri Anwar Ibrahim is being persecuted, and not prosecuted.

The charge against Dato' Seri Anwar Ibrahim is based on an archaic provision of the Penal Code, and should never have been brought.  The case has unnecessarily taken up judicial time and public funds, and has muddied the waters of our justice system.

The Malaysian Bar also has grave misgivings with respect to the manner and timing in which the appeal was handled.  In particular, we are shocked by the manner in which mitigation and sentencing proceeded.

The Malaysian Bar makes no comment at present as to the grounds for the reversal by the Court of Appeal of the acquittal by the High Court in January 2012 of Dato' Seri Anwar Ibrahim ("Respondent/Defendant"), and his present conviction and sentence by the Court of Appeal, as no written substantive grounds have been proffered as yet, save to say that there appears to be doubt and reservations as to the integrity of the DNA evidence in the case.

However, there are several aspects of this case that raise questions or concerns:

(1) The haste with which the appeal proceeded in the Court of Appeal.  No doubt the appeal had been pending since about July last year, but time had been taken with intervening applications on several issues and appeals arising therefrom.  It appears that the Respondent/Defendant had been notified on 27 February 2014 that the substantive appeal was to be heard on 6 and 7 March, thus providing his legal counsel Karpal Singh with only seven days' notice to prepare for a criminal appeal arising from a lengthy trial that had taken many weeks and involved about 32 witnesses, including expert evidence;

(2) This was despite counsel for the Respondent/Defendant having informed the court that he was not available on those dates, as he was scheduled for other cases in court;

(3) It appears that about two weeks before the appeal was heard a registrar from the registry of the Court of Appeal had informed the office of the Respondent/Defendant's counsel to reserve 7 to 10 April 2014 as the proposed hearing dates for the appeal.  The Respondent/Defendant's counsel apparently agreed to these dates;

(4) It appears that these proposed dates when the Respondent/Defendant's counsel was available were subsequently abandoned and replaced with much earlier dates;

(5) If this is true, then questions arise in the mind of the public as to why the Court of Appeal brought forward the appeal to be heard, when the originally contemplated dates in early April had already been agreed to by the Respondent/Defendant, and would have provided the Respondent/Defendant, facing a possible sentence of 20 years' imprisonment, more time to prepare for the appeal;

(6) The appeal was heard on 6 and 7 March 2014.  It is reported that each day's proceedings carried into the early hours of the evening, ie between 6:00 pm to 7:00 pm.  Although this is not unheard of, it is nevertheless rare;

(7) It is not uncommon for an appellate court to reserve judgment for a few days or months before handing down a decision, particularly where the proceedings in the trial court have been lengthy, the evidence substantial and the issues weighty;

(8) In this instance, the Court of Appeal had, at the conclusion of submissions by the parties on 7 March 2014, taken approximately 90 minutes to consider the matter, and then rendered a unanimous decision in reversing the acquittal by the High Court and finding the Respondent/Defendant guilty, at approximately 5:00 pm the same day;

(9) 5:00 pm is when the court usually adjourns for the day.  On this occasion, the Court of Appeal and the prosecution insisted on proceeding with hearing mitigation and sentencing;

(10) The Respondent/Defendant's counsel requested an adjournment until the following week, beginning 10 March 2014, to address the court on mitigation and sentencing, and to obtain a medical report concerning the Respondent/Defendant's medical condition, which would be relevant in considering the sentence to be imposed.  The Court of Appeal refused this request, and instead gave counsel one hour to prepare for mitigation and sentencing;

(11) Upon reconvening after about one hour's recess, the Court of Appeal and the prosecution accepted counsel's contention that the Respondent/Defendant suffers from medical conditions such as back pains, high blood pressure, and a heart ailment.  They accepted that these were relevant to sentencing, but refused to allow time for a medical report to be prepared and provided to the court.

(12) The Court of Appeal had thus denied itself relevant medical information pertaining to the particulars or peculiarities (if any), and extent of, the Respondent/Defendant's medical condition before considering the appropriate sentence to be imposed; and

(13) The Court of Appeal pronounced a sentence of five years' imprisonment, and the proceedings concluded at approximately 7:00 pm.

These matters raise many questions, cause much speculation, and lend to the perception that justice may have been hijacked. 

The questions to be answered, in the mind of the public, are thus, "Was the cause of justice best served by the manner and timing in which this appeal was handled?" and, "Was the administration of justice compromised or interfered with?"

The sanctity of the administration of justice and the independence of the Judiciary are intertwined, and essential for upholding the rule of law and instilling public confidence.  Justice and independence are not only facts to be established; it is imperative that they are seen to be so established.

It is heart-rending, for those who sacrifice and work hard in good faith to protect and defend the administration of justice, and to maintain and promote the independence of the Judiciary, when public confidence in these two precepts may be shaken or in jeopardy.

Note from foreign response on the judgement.

Posted: 09 Mar 2014 10:18 PM PDT

I have been receiving calls from the Turkish Prime Minister, Mr Recep Tayyip Erdogan; the Governor of Bangkok, Mr Sukumbhan Paribatra; former President of Indonesia, Mr Jusuf Habibie and renowned Islamic Scholar, Dr Yusul al-Qaradawi since the Appeal Court judgment on the 7th of March. They have all expressed grave concerns over the manner on how the case was rushed and the subsequent ruling.

I was also visited by the American Ambassador to Malaysia, Mr Joseph Yun and his political officers at my residence on the 9th of March who have also express similar concerns. They have committed to convey these to President Obama soon.

Anwar Ibrahim

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PARTI ISLAM SEMALAYSIA KAWASAN BUKIT KATIL

Posted: 10 Mar 2014 07:39 PM PDT

PARTI ISLAM SEMALAYSIA KAWASAN BUKIT KATIL


NELAYAN DAKWA NAMPAK PESAWAT TERBANG RENDAH

Posted: 09 Mar 2014 07:34 PM PDT

10 Mac 2014 [sinar]- Seorang nelayan di sini mendakwa melihat sebuah pesawat terbang lebih rendah daripada biasa di Laut China Selatan, kira-kira lapan batu nautika dari Kuala Besar, Pantai Cahaya Bulan, awal pagi kelmarin. Azid Ibrahim, 66, berkata, dia melihat pesawat itu kira-kira jam 1.30 pagi semasa membawa lima kaki pancing di kawasan tersebut. Menurutnya, pesawat itu terbang rendah menghala keluar dari negara ini menuju ke tengah laut. "Ketika itu hanya saya dan Pak Da (kawannya) sahaja yang melihat kapal terbang itu. Yang lain tidur. Biasalah kami nampak kapal terbang di kawasan ini kerana ia laluan utama, tapi kali ini ia lebih rendah daripada biasa. "Saya tidak pasti berapa tinggi kapal terbang itu dari muka laut, cuma nampak lampu besar buah kelapa dan di bawah awan. Itu yang saya hairan," katanya ketika dihubungi, semalam. Azid, yang sudah 10 tahun membawa kaki pancing ke laut berkata, dia hanya mengetahui mengenai kehilangan MH370 selepas mengikuti berita di televisyen, semalam. Berikutan itu, dia membuat laporan polis di Ibu Pejabat Polis Daerah (IPD) Kota Bharu, petang semalam. "Saya hanya ingin beritahu apa yang saya nampak malam itu. Mana tahu ia boleh bantu (pasukan mencari dan menyelamat).

N45 Dr Halimah Ali

Posted: 10 Mar 2014 09:17 AM PDT

N45 Dr Halimah Ali


MH 370 Apa yang saya boleh belajar?

Posted: 10 Mar 2014 07:08 AM PDT

Sudah 2 hari seluruh dunia gempar kerana sebuah kapal terbang secara tiba-tiba hilang di skrin radar pusat kawalan, disahkan memang tidak sampai ke destinasinya dan dibuktikan dengan jelas memang sudah berlepas ke udara meninggalkan KLIA mengikut jadual. Pesawat MH 370 yang semakin terkenal itu masih belum boleh dikesan, selamat atau sebaliknya.
Nasib 12 anak kapal dan 239 orang penumpang masih menjadi teka teki.

Beribu- ribu kapal terbang berlepas dan mendarat dengan selamat di seluruh permukaan bumi setiap hari. Kenapakah kapalterbang MH370 ini berjaya berlepas dengan selamat tetapi kemudian hilang secara tiba-tiba.....Di manakah gerangan pesawat ini pergi? Kalau terhempas sekalipun sudah tentu ada kesannya...rangkanya, serpihannnya. Kalau di laut....ada pelampungnya.... 

 Tetapi poin yang saya mahu tekankan ialah, tujuan kita naik kapalterbang ialah untuk memindahkan jasad kita daripada satu tempat permukaan bumi ke tempat yang lain dengan menggunakan alat pengangkutan yang terbaik waktu ini, iaitu kapal terbang. Zaman dahulu kita, ada kapal laut. Sekarang kita menggunakan kapal terbang yang boleh mengangkut jasad kita dengan waktu yang lebih singkat dan selesa.
Perkara yang manusia sering lupa ialah daya yang mmemperjalankan kenderaan seperti kapalterbang, kapal laut, ataupun kenderaan darat seperti kereta, motorsikal bahkan basikal sekalipun ialah ALLAH YANG MAHA KUASA. Apabila Allah curahkan segala nikmat melalui kemudahan dan keselesaan , manusia akan merasa megah dengan keupayaannya. Selah-olah manusia ini mempunyai kuasa mutlak. Sikaya merasa hebat kerana beranggapan kekayaannya memberi bahagia yang mutlak, semua tunduk kepada kekayaannya. TETAPI dia lupa, apakah nilai kekeyaannya bila dibanding dengan kekayaan AL GHANIY, YANG MAHA KAYA. Ada pula yang takabbur bila ia mempunyai otot berketul dan merasa dirinya kuat, tetapi tatkala kuman virus yang amat halus yang tidak boleh dilihat dengan mata kasar, menyerangnya melalui gigitan haiwan lemah seperti nyamuk menyebabkan dirinya tidak bermaya untuk bangun kerana demam teruk.Sebab itu apabila kita sihat jangan lupa Allah yang mengurniakan kita kesihatan. Apabila kita kuat jangan lupa, AL QAWIYY, yang MAHA KUAT.

Justeru, apabila sebuat 'mesin besi' yang boleh terbang membawa kita kepada pelbagai destinasi yang kita pilih secara sengaja jangan lupa LA HAULA WALA QUWWATA ILLA BILLAH, tiada daya dan kekuatan melainkan dengan izin Allah.
Pengajaran bagi saya yang selalu sibuk, dan tuan/puan yang sudi bersama di sini, segala-galanya yang berlaku di dunia ini berjalan dengan kehendak Allah, ketentuan dan takdirNya. Kita sebagai manusia jangan biadap dan sombong kepada Tuan Empunya segalanya, ALLAH YANG MAHA ESA.
Marilah kita ingat mengingati, pesan berpesan jangan buat dosa. Bukan sahaja orang buat dosa yang kena kemurkaan Allah , yang lain pun panik dan mendapat padahnya.
Astaghfirullahal 'adziim.
Ampunkan dosa dosa kami ya Allah

Update On Demise Of MH370

Posted: 09 Mar 2014 11:03 PM PDT

UPDATE [12.35pm]: Reports of an object spotted by the Vietnamese, believed to be a door of the aircraft, on Sunday were not officially verified by Vietnam officials, the Department of Civil Aviation said. No debris has been seen after 60 hours.

Representatives from the US National Transport Safety Board (NTSB) and the UK Air Accidents Investigation Branch (AAIB) are in Malaysia.
UPDATE [11.50am]: Vietnamese searchers say they cannot find the rectangle object - thought to be one of the doors of MH370 - that was spotted on Sunday afternoon. Read it here.
UPDATE [10.40am]: Malaysia Airlines has given initial financial assistance to all families 'over and above their basic needs', it said in a statement this morning. More families expected in KL today. The airline will provide the families travel facilities, accommodation, meals, medical and emotional support.
UPDATE [9.30am]: Authorities will investigate why immigration officers at the Kuala Lumpur International Airport had no questions about Italian and Austrian passengers with Asian facial features, Home Minister Ahmad Zahid Hamidi said. Full story here.
UPDATE [8:11am]: A video clip of a man dialing the number of his elder brother was shown on a Beijing Television's news bulletin. The call got connected, but no one picked up. He made the phone call three times.  Full story here.
UPDATE [7.35am]: The Malaysian Maritime Enforcement Agency (MMEA) has sent samples of an oil slick found in the South China Sea, about 100 nautical miles from the Tok Bali Beach, Kelantan, to the Chemistry Department in Petaling Jaya. The result of the analysis is expected to be known tomorrow (Monday) afternoon. Full story here.
The 20 employees of Freescale Semiconductor who were on the MH370 flight 'were people with a lot of experience and technical background', says Mitch Haws, vice president, global communications and investor relations for Freescale Semiconductor. "It's definitely a loss for the company," he adds. Full story here.
UPDATE [4.46am]: French accident board BEA offers help in recovering missing flight MH370. There was a similar case in 2009 where Air France Flight 447 from Rio de Janeiro to Paris vanished in a storm. Full story here.
UPDATE [3.11am]: Thai police are investigating a 'passport ring' in Phuket, as details emerged of bookings made in Thailand with stolen European passports for the vanished Malaysia Airlines flight. Each ticket cost THB 20,215 (RM 2,036). Full story here .
UPDATE [1.17am]: Interpol confirmed that at least two passports - Austrian and Italian – recorded in its Stolen and Lost Travel Documents (SLTD) database were used by passengers on board missing Malaysia Airlines flight MH 370. Full story here.
UPDATE [12:40am]: Vietnamese authorities believe that the piece of debris spotted off the country's waters may be a door from the flight MH370. Full story here.
UPDATE [11:00pm]: Vietnamese media is quoting search and rescue officials as being 'surprised' at how tight-lipped the Malaysian government is. According to VN Express, Vietnam's Chief of Air Administration Lai Xuan Thanh says they are receiving very little information from Malaysian partners, with most updates coming from international media.
UPDATE [10:49pm]: Sources say authorities are investigating a possible mid-air disintegration, due to the lack of debris from MH370. Full story here.
************************************
What we know as of 9.44pm, 9 March 2014:
Search and rescue operations:
1. A Vietnam rescue plane has detected two objects that look like debris. However, MAS has not received any confirmation.
2. Vietnam, China, Singapore, United States, Indonesia, Thailand, Philippines and Australia are assisting in the search.
3. Search radius is 50 nautical miles (93km), involving 34 aircraft and 40 ships. Malaysia also searching the Straits of Malacca due to reports that MH370 turned back.
4. No signal from the plane's Emergency Locator Transmittor (ELT).
5. The US sent two naval ships and an aircraft equipped with long-range radar.
6. Malaysian submaries will not be deployed as they are not 'equipped for search and rescue'.
7. No sign of wreckage found till now.
8. Malaysia's Maritime Enforcement Agency (MMEA) will be searching for MH370 off the coast of Kelantan.
Technical investigations still ongoing:
1. No signal from the plane's Emergency Locator Transmittor (ELT).
2. Oil slicks were spotted in the area, but Transport Minister Hishamuddin Hussein does not confirm if it came from the plane. More pictures here.
3. The yellow 'suspicious floating objects' near Tho Chu islet is unrelated to MH370, confirmed by Vietnamese media.
4. A portion of the aircraft wingtip was fixed by Boeing and was certified safe to fly. They dismissed the possibility of a technical problem and any form of threat prior to this.
5. An aviation lawyer said that the plane might have broken up due to lack of pressurisation or electrical failure.
6. Associated Press ran a detailed analysis of possible reasons behind the disappearance.
7. PM Najib said that satelite imagery cannot be used as it cannot detect anything below the water surface.
8. The flight was piloted by Captain Zaharie Ahmad Shah, 53, with total flying hours of 18,365 hours. First officer, Fariq Ab.Hamid, 27, has a total flying hours of 2,763 hours.
9. The Vietnam Emergency Rescue Center found a signal of the missing plane at 9.50am, 8th March, 120 miles South West of Ca Mau cape, the Southern-most point of Vietnam.
10. MAS Operations Control Vice President Fuad Sharuji said the aircraft was carrying 7.5 hours of fuel at the time of its disappearance (2.40am).
11. Retired American Airlines Capt. Jim Tilmon said the route taken by the aircraft had plenty of antennae, radar and radios for contact, and the plane was 'as sophisticated as any commercial airplane could possibly be with an excellent safety record'.
Situation in Malaysia:



1. PM Najib Razak says KLIA security protocols will be reviewed and improved if necessary.
2. Transport for family members of MH370 passengers from Beijing and other countries to Kuala Lumpur will be arranged by MAS.
3. The internet is ablaze with concerned netizens expressing their views.
4. Families of passengers in Malaysia will be flown to the crash site, according to MAS.
5. The Department of Civil Aviation's director-general Datuk Azharuddin Abdul Rahman said the airport authorities have examined security footage of the passengers and the baggage, and he is satisfied.
6. 38 Malaysians were on-board MH370, including about 20 top management staff from Freescale Semiconductor.
7. The niece of Kuching police chief ACP Roslan Bek Ahmad was a passenger on MH370.
8. Malaysia Airlines says all other flights will proceed as usual, for now.
9. Politician Mohammad Nizar Jamaluddin was slammed for an insensitive tweet about a 'new Bermuda triangle'.
Missing passports and possible terror links:
1. The two people (not four as previously reported) who traveled on MH370 under stolen passports had bought their tickets together.
2. Malaysia is working with the FBI on possible terror links to the MH370 disappearance.
3. MH370 Full passenger list here .

Source: http://my.news.yahoo.com/mas-aircraft-goes-missing--says-airline-023820132.html

B777 pilot contacted MH370 before it vanished, says there was radio 'interference'

Dewan Pemuda PAS Bagan Datoh

Posted: 10 Mar 2014 07:20 AM PDT

Dewan Pemuda PAS Bagan Datoh


MH370 : EMPAT FAKTOR KEMUNGKINAN...

Posted: 09 Mar 2014 09:57 PM PDT

SARAN SOLAT HAJAT : DEWAN ULAMAK PAS PUSAT.

Posted: 09 Mar 2014 09:50 PM PDT