The 1st Statutory Declaration (SD) preamble is that of someone proud of their length of service and promotions, look at the length and detail of the preamble. The 2nd SD preamble is short, it's just a formality, not a personal expression. The style (wording) of the preambles and SDs gives the impression they were written by different persons.
I conclude Bala wrote the first SD but somebody else wrote the second SD.
Various blogs have focussed on the money Bala was paid, saying he is not credible, the SD was done merely for money.
As i recall, several days ago, it was revealed Bala's family was being held hostage.
I think the safety of his family motivated Bala, not money. I think Bala is credible. If Bala's tale was not credible, then why didn't Najib counter the tale with evidence?
WRITTEN BY PAKAC LUTEB
You can read more at THIS LINK.
Showing posts with label Malaysia. Show all posts
Showing posts with label Malaysia. Show all posts
November 18, 2009
November 10, 2009
NOT AN OPTION
A lot has been written lately by many parties regarding judicial reform. The writers focus on independence of the judiciary and the integrity of judges. Those are absolutely essential components of a judiciary in a democratic society.
However, they are far from sufficient.
If all the judiciary has is independence and judges who have high integrity, what will result is decisions that are merely the administration of law: if someone commits offence X they receive punishment Y. Justice will be absent.
Laws are made by the Legislature. Members of Parliament, however noble their intent, may fail to be aware of some consequences of laws they create.
They may lack the imagination to see the consequences or the situation causing a particular consequence may not be foreseeable. For example, the technology involved in the unjust situation may not yet exist when the law was created.
Sometimes unforeseen consequences can result in great injustice if laws are blindly administered.
There is a remedy that injects justice into the administration of laws. It is called a Jury.
Juries inject common sense and flexibility into the administration of law. They do that with their collective wisdom and intelligence.
Abraham Lincoln reportedly said "You can fool all the people some of the time and some of the people all of the time, but you can't fool all of the people all of the time".
That is very true in the case of juries. Jurors are likely to understand the facts of a case, no matter how convoluted the arguments of the lawyers.
In addition to juries injecting justice into a judicial system, they also give credibility to the judicial system and the decisions reached.
In simple terms, which is less likely to be bribed, coerced or intimidated into arriving at a particular decison, 1 or 2 judges, or a jury of 10 (or 12) members of the rakyat?
To have a judiciary in Malaysia that is fit for a democratic society, trial by jury is NOT an option, it is a necessity.
WRITTEN BY PAKAC LUTEB
However, they are far from sufficient.
If all the judiciary has is independence and judges who have high integrity, what will result is decisions that are merely the administration of law: if someone commits offence X they receive punishment Y. Justice will be absent.
Laws are made by the Legislature. Members of Parliament, however noble their intent, may fail to be aware of some consequences of laws they create.
They may lack the imagination to see the consequences or the situation causing a particular consequence may not be foreseeable. For example, the technology involved in the unjust situation may not yet exist when the law was created.
Sometimes unforeseen consequences can result in great injustice if laws are blindly administered.
There is a remedy that injects justice into the administration of laws. It is called a Jury.
Juries inject common sense and flexibility into the administration of law. They do that with their collective wisdom and intelligence.
Abraham Lincoln reportedly said "You can fool all the people some of the time and some of the people all of the time, but you can't fool all of the people all of the time".
That is very true in the case of juries. Jurors are likely to understand the facts of a case, no matter how convoluted the arguments of the lawyers.
In addition to juries injecting justice into a judicial system, they also give credibility to the judicial system and the decisions reached.
In simple terms, which is less likely to be bribed, coerced or intimidated into arriving at a particular decison, 1 or 2 judges, or a jury of 10 (or 12) members of the rakyat?
To have a judiciary in Malaysia that is fit for a democratic society, trial by jury is NOT an option, it is a necessity.
WRITTEN BY PAKAC LUTEB
November 07, 2009
Letter - "Nizar vs Zambry"
In the case of Nizar vs. Zambry in Perak, the court hearing should include a jury of members of the Perak rakyat. If the BN/UMNO government wants to be fair and if it does not fear the rakyat, the hearing will be conducted with a jury.
The absence of a jury at the hearing will speak volumes about what
BN/UMNO thinks of the rakyat.
Written by PAKAC LUTEB
The absence of a jury at the hearing will speak volumes about what
BN/UMNO thinks of the rakyat.
Written by PAKAC LUTEB
November 04, 2009
Nolah - Nalla!
Here's an article AT THIS LINK so ludicrous I laughed until I cried.
Isn't Nalla the same guy who about a decade ago testified against Anwar in exchange for a reduction of sentence on a charge involving ammunition?
People were sceptical of Nalla then and are even less naive now.
Nalla, you think people believe you now?
No-lah, Nalla!
Nalla, please enlighten us, what was the inducement this time for you to speak against Anwar?
Written by Pakac Luteb
Isn't Nalla the same guy who about a decade ago testified against Anwar in exchange for a reduction of sentence on a charge involving ammunition?
People were sceptical of Nalla then and are even less naive now.
Nalla, you think people believe you now?
No-lah, Nalla!
Nalla, please enlighten us, what was the inducement this time for you to speak against Anwar?
Written by Pakac Luteb
A SPORTING CHANCE
Is it good sportsmanship to keep moving goalposts to favour one's own team? BN/UMNO seems to believe it is. Witness the many instances of when in the course of a trial the Prosecution has amended the charges.
Often it's done when the charges clearly can't be sustained in the face of the evidence.
An infamous example is Anwar's first sodomy case, where the building the sodomy allegedly happened had not yet been built at the date of the offence as stated in the charge.
Any proper court would have thrown out the charge and acquitted Anwar.
But the courts of Malaysia are anything but proper and permitted the Prosecution to amend the date of the charge.
Sometimes the Prosecution amends the charges to harass a defendant,the changes to the charges being intended to send the accused and their lawyer from pillar to post, even though that is blatant abuse and misuse of the Court.
The Prosecution must, if a trial is to have any legitimacy at all, give the defendant a sporting chance, by not amending charges during a trial.
WRITTEN BY PAKAC LUTEB
Often it's done when the charges clearly can't be sustained in the face of the evidence.
An infamous example is Anwar's first sodomy case, where the building the sodomy allegedly happened had not yet been built at the date of the offence as stated in the charge.
Any proper court would have thrown out the charge and acquitted Anwar.
But the courts of Malaysia are anything but proper and permitted the Prosecution to amend the date of the charge.
Sometimes the Prosecution amends the charges to harass a defendant,the changes to the charges being intended to send the accused and their lawyer from pillar to post, even though that is blatant abuse and misuse of the Court.
The Prosecution must, if a trial is to have any legitimacy at all, give the defendant a sporting chance, by not amending charges during a trial.
WRITTEN BY PAKAC LUTEB
November 01, 2009
ANWAR'S SECOND SODOMY TRIAL
November 6 2009 is Anwar's date in court for the second sodomy case. The government of Najib/UMNO/BN intends to swiftly convict and jail Anwar. The plan of the government is as follows:
Clause 24 of the DNA Bill prevents contesting DNA evidence IN COURT, however, it does NOT prevent contesting DNA evidence BEFORE a case is tried in court.
Because of that, the prosecution is withholding evidence, including DNA evidence, from Anwar's defence team.
Anwar's defence team will see the DNA evidence only in court, when it's already too late to challenge the evidence.
Clause 24 also states the DNA evidence is to be considered conclusive. In the context of a trial, what does conclusive mean?
It means the DNA evidence has priority and if there is any other evidence that is contrary to the DNA evidence, the contrary evidence is ignored and the accused is convicted solely on the DNA evidence.
In Anwar’s sodomy trial, it means the medical examination that shows Saiful was NOT sodomised will be ignored by the court.
Doctors learn psychology in medical school and are trained to observe patient’s behaviour and doctors can detect when someone is stressed and upset following being sexually assaulted.
A doctor observing Saiful after the alleged forcible sodomy noted that Saiful did not behave as someone who had been sexually assaulted. The court will ignore that observation by the doctor.
The trial will be before a judge, NOT a jury, because the government knows that a jury would never sokong such a sham trial.
The role of the police will to be to ensure the entire charade goes smoothly, including by suppressing protests against the government's shameful sham trial of Anwar.
With the Altantuya case, the IGP has Najib by the balls and Najib has given the IGP carte blanche (a figurative blank cheque) to run Malaysia.
Anwar is the enemy of both Najib and the IGP, thus Najib and the IGP are conspiring to eliminate Anwar as a political threat.
The government pretends to be not worried about Anwar, when actually it is terrified of Anwar.
That is why the government and others, such as Ezam, have of late made many disparaging comments about Anwar.
The government hopes the rakyat will believe those comments and not support Anwar. The government fears convicting Anwar, if he has a lot of support amongst the rakyat, as the government fears the possibility of a "people power" revolt such as ended the Marcos regime.
Now you know what the government's plan is.
From it’s inception, the DNA Bill has been intended to eliminate Anwar as a politician.
What Najib may not be aware of is the DNA Bill has the potential to be used against Najib.
DNA of Najib can be compared with DNA from the bones of Altantuya and if there is a match it is conclusive uncontestable evidence that Najib is the father of the baby that was inside Altantuya when she was murdered.
A previous article of mine explains how and why in detail, I shall summarise here:
When a woman is pregnant, some cells of her baby travel through her bloodstream and go everywhere in her body. That is a medical fact.
Now, Najib, do you still love the DNA Bill so much?
written by Pakac Luteb
Clause 24 of the DNA Bill prevents contesting DNA evidence IN COURT, however, it does NOT prevent contesting DNA evidence BEFORE a case is tried in court.
Because of that, the prosecution is withholding evidence, including DNA evidence, from Anwar's defence team.
Anwar's defence team will see the DNA evidence only in court, when it's already too late to challenge the evidence.
Clause 24 also states the DNA evidence is to be considered conclusive. In the context of a trial, what does conclusive mean?
It means the DNA evidence has priority and if there is any other evidence that is contrary to the DNA evidence, the contrary evidence is ignored and the accused is convicted solely on the DNA evidence.
In Anwar’s sodomy trial, it means the medical examination that shows Saiful was NOT sodomised will be ignored by the court.
Doctors learn psychology in medical school and are trained to observe patient’s behaviour and doctors can detect when someone is stressed and upset following being sexually assaulted.
A doctor observing Saiful after the alleged forcible sodomy noted that Saiful did not behave as someone who had been sexually assaulted. The court will ignore that observation by the doctor.
The trial will be before a judge, NOT a jury, because the government knows that a jury would never sokong such a sham trial.
The role of the police will to be to ensure the entire charade goes smoothly, including by suppressing protests against the government's shameful sham trial of Anwar.
With the Altantuya case, the IGP has Najib by the balls and Najib has given the IGP carte blanche (a figurative blank cheque) to run Malaysia.
Anwar is the enemy of both Najib and the IGP, thus Najib and the IGP are conspiring to eliminate Anwar as a political threat.
The government pretends to be not worried about Anwar, when actually it is terrified of Anwar.
That is why the government and others, such as Ezam, have of late made many disparaging comments about Anwar.
The government hopes the rakyat will believe those comments and not support Anwar. The government fears convicting Anwar, if he has a lot of support amongst the rakyat, as the government fears the possibility of a "people power" revolt such as ended the Marcos regime.
Now you know what the government's plan is.
From it’s inception, the DNA Bill has been intended to eliminate Anwar as a politician.
What Najib may not be aware of is the DNA Bill has the potential to be used against Najib.
DNA of Najib can be compared with DNA from the bones of Altantuya and if there is a match it is conclusive uncontestable evidence that Najib is the father of the baby that was inside Altantuya when she was murdered.
A previous article of mine explains how and why in detail, I shall summarise here:
When a woman is pregnant, some cells of her baby travel through her bloodstream and go everywhere in her body. That is a medical fact.
Now, Najib, do you still love the DNA Bill so much?
written by Pakac Luteb
October 24, 2009
THE OTHER TWENTY PER CENT
Dr. Porntip gave an 80 percent chance that Teoh Beng Hock had been murdered by the MACC. I believe I have the remaining 20 percent. Looking at the information available publicly since Teoh's death, including the findings of Dr. Porntip, I have made certain deductions about the matter:
Teoh was said to have fallen from the 14th floor to a roof at the 5th floor level. That's a fall of 9 floors.
A fall of that distance would often produce some splatter of blood at the scene, but such blood was apparently absent in the photos of Teoh's body on the roof.
Dr. Porntip testified that there were marks indicating dragging across a "hard and rough surface".
The stairs, doorways and pathways to and along roofs of a building don't receive the smooth beautiful finishes given areas inside the building, they are left rough, bare cement and gravel.
From the above, I think a reasonable deduction is that Teoh did not fall to where his body was shown on the roof, but rather was killed elsewhere and dragged to the point on the roof shown in the photos. That's the remaining 20 percent.
It appears that his body was placed on the roof below a window to attempt to make Teoh's death appear a suicide.
In other words, Teoh's death was 100 percent murder.
Why was Teoh killed?
Did he know "too much"?
Could he have implicated someone in a corruption case?
Perhaps he was called to the MACC not to give evidence but rather to learn what he knew and then permanently silence him.
Teoh's death will understandably make people reluctant to provide information to the MACC, which would hamper the ability of the MACC to combat corruption.
It appears that the MACC (formerly known as the ACA) is not really interested in combating corruption, but rather interested in suppressing evidence of corruption, to the extent of committing murder to achieve that end.
What to call a country ruled by thieves and murderers? Malaysia has become such a country.
Written by Pakac Luteb
Teoh was said to have fallen from the 14th floor to a roof at the 5th floor level. That's a fall of 9 floors.
A fall of that distance would often produce some splatter of blood at the scene, but such blood was apparently absent in the photos of Teoh's body on the roof.
Dr. Porntip testified that there were marks indicating dragging across a "hard and rough surface".
The stairs, doorways and pathways to and along roofs of a building don't receive the smooth beautiful finishes given areas inside the building, they are left rough, bare cement and gravel.
From the above, I think a reasonable deduction is that Teoh did not fall to where his body was shown on the roof, but rather was killed elsewhere and dragged to the point on the roof shown in the photos. That's the remaining 20 percent.
It appears that his body was placed on the roof below a window to attempt to make Teoh's death appear a suicide.
In other words, Teoh's death was 100 percent murder.
Why was Teoh killed?
Did he know "too much"?
Could he have implicated someone in a corruption case?
Perhaps he was called to the MACC not to give evidence but rather to learn what he knew and then permanently silence him.
Teoh's death will understandably make people reluctant to provide information to the MACC, which would hamper the ability of the MACC to combat corruption.
It appears that the MACC (formerly known as the ACA) is not really interested in combating corruption, but rather interested in suppressing evidence of corruption, to the extent of committing murder to achieve that end.
What to call a country ruled by thieves and murderers? Malaysia has become such a country.
Written by Pakac Luteb
October 21, 2009
Will "UTUSAN" RUN DOWN DR. PORNTIP?
Well-known Thai pathologist Dr Porntip Rojanasunan told the coroner's court today that there was an 80 per cent possibility of homicide and 20 per cent chance of suicide in the death of political aide Teoh Beng Hock.
This flies in the face of local investigators who were so insistent on pushing the suicide theory, they even went to the extent of insisting Teoh's parents undergo psychological evaluation
In the light of this will "UtusanMeloya" tell the whole truth of her testimony, give barebones info or spin ?
Below are some hypothetical headlines for the sake of satire (or are they) ?
"Maksud nama Dr.Porntip adalah "Hujung Lucah" dan rambutnya ala punk, dia adalah musuh orang Melayu"
" Hujah Dr.Porntip hanya merujuk pada kes Thai, keaadaan di Malaysia lain, di mana tulang tenkorak kita lebih kebal"
"Daripada 10,000 kes yang dikaji Dr.Porntip hanya 100 shj yang membabitkan terjun mati, jadi dia bukan pakar"
"Si-rambut pelangi Porntip mungkin bersubahat dengan ejen yahudi cawangan DAP, pastinya angkara DSAI lagi"
"Dr.Porntip lebih prihatin terhadap simati, tetapi kita prihatin terhadap yg hidup dan di salah tuduh"
"Dr.Porntip menghina kewibawaan pakar tempatan, jom boikot produk Thai"
'Dr.Porntip kelihatan muda walaupun menjangkau usia lebih 50 tahun - mungkin kerana memakai susuk dan ilmu-hitam"
------------------------------------------------------------------------------------------------------------------------
Disclaimer -above is for the purpose of satire and is not intended to bear any semblance or insinuate our Local Daily- Utusan Malaysia which has been hailed by no less than our Prime Minister for their level of professionalism. Read more HERE and also OVER HERE.
Written by Vijay Kumar Muragavell
This flies in the face of local investigators who were so insistent on pushing the suicide theory, they even went to the extent of insisting Teoh's parents undergo psychological evaluation
In the light of this will "UtusanMeloya" tell the whole truth of her testimony, give barebones info or spin ?
Below are some hypothetical headlines for the sake of satire (or are they) ?
"Maksud nama Dr.Porntip adalah "Hujung Lucah" dan rambutnya ala punk, dia adalah musuh orang Melayu"
" Hujah Dr.Porntip hanya merujuk pada kes Thai, keaadaan di Malaysia lain, di mana tulang tenkorak kita lebih kebal"
"Daripada 10,000 kes yang dikaji Dr.Porntip hanya 100 shj yang membabitkan terjun mati, jadi dia bukan pakar"
"Si-rambut pelangi Porntip mungkin bersubahat dengan ejen yahudi cawangan DAP, pastinya angkara DSAI lagi"
"Dr.Porntip lebih prihatin terhadap simati, tetapi kita prihatin terhadap yg hidup dan di salah tuduh"
"Dr.Porntip menghina kewibawaan pakar tempatan, jom boikot produk Thai"
'Dr.Porntip kelihatan muda walaupun menjangkau usia lebih 50 tahun - mungkin kerana memakai susuk dan ilmu-hitam"
------------------------------------------------------------------------------------------------------------------------
Disclaimer -above is for the purpose of satire and is not intended to bear any semblance or insinuate our Local Daily- Utusan Malaysia which has been hailed by no less than our Prime Minister for their level of professionalism. Read more HERE and also OVER HERE.
Written by Vijay Kumar Muragavell
MEETINGS MEETINGS MEETINGS!
Meetings seem a necessary evil of working life.
They are needed to share information but take away time from productive work.
There are various expenses involved, air pollution (if driving or flying to a meeting) and the way meetings are conducted often leaves much to be desired.
For example, what is the point of the Minutes of a meeting being distributed only at the next meeting?
Shouldn't the Minutes be distributed soon after the meeting, so they can be acted upon before the next meeting?
Are there alternatives to meeting face to face?
With the internet and e-Government and email, can't video conferencing and email be used?
If the meeting is to discuss a survey, the above electronic communications should suffice.
The actual survey form could be an email attachment that is filled up and emailed back to the sender.
That would save a LOT of time and expense compared with face to face meetings.
The above i believe is generally applicable, although what caused me to write on the topic was the apparent arrogance and short-sightedness of the Health Ministry, as revealed in a letter from a doctor to Malaysiakini at THIS LINK.
WRITTEN BY PAKAC LUTEB
They are needed to share information but take away time from productive work.
There are various expenses involved, air pollution (if driving or flying to a meeting) and the way meetings are conducted often leaves much to be desired.
For example, what is the point of the Minutes of a meeting being distributed only at the next meeting?
Shouldn't the Minutes be distributed soon after the meeting, so they can be acted upon before the next meeting?
Are there alternatives to meeting face to face?
With the internet and e-Government and email, can't video conferencing and email be used?
If the meeting is to discuss a survey, the above electronic communications should suffice.
The actual survey form could be an email attachment that is filled up and emailed back to the sender.
That would save a LOT of time and expense compared with face to face meetings.
The above i believe is generally applicable, although what caused me to write on the topic was the apparent arrogance and short-sightedness of the Health Ministry, as revealed in a letter from a doctor to Malaysiakini at THIS LINK.
WRITTEN BY PAKAC LUTEB
INVESTING IN MALAYSIA
Investment always has some risk.
Companies try to minimise risk when deciding where to invest.
Would Malaysia be attractive as a place to invest?
Do the slow internet speeds make it attractive? Australians don't think so.
Does the lack of an independent judiciary make it attractive?
Since Mahathir wreaked havoc on the judiciary, it has been under the control of the Executive, meaning under control of the Prime Minister.
Let's imagine we are a foreign company considering where to invest.
We look at Malaysia and note it has a large, fairly educated, fairly literate population, English is widely spoken.
That is good, the workforce won't be much problem.
The government offers large tax breaks as incentives. Again good, though artificial, as taxes are created by the government.
Companies don't operate in a vacuum, they need to liaise with suppliers, distributors, etc.
Legal disputes may arise.
Let's imagine a legal dispute with a GLC (government linked company).
The legal system in Malaysia is NOT independent, it is under control of the Prime Minister.
Government officials, or their relatives, may have financial interests
in the GLC.
So, will the court be fair and objective or favour the GLC?
It makes investing in Malaysia a gamble.
There's the DNA Bill.
It could be a tool to catch people stealing inventory.
What else could it be?
Could it be used for blackmail?
Could the company be pressured to give away trade secrets, such as
secret formulas?
An executive of the company could be told if they don't give certain information to a rival company, which just happens to be a GLC, the executive will be charged with adultery and DNA proof of adultery will be presented in court, where DNA evidence, under Clause 24 of the DNA Bill, can't be challenged.
The company considers other countries, Singapore, Indonesia, Thailand as alternatives to Malaysia.
WRITTEN BY PAKAC LUTEB
Companies try to minimise risk when deciding where to invest.
Would Malaysia be attractive as a place to invest?
Do the slow internet speeds make it attractive? Australians don't think so.
Does the lack of an independent judiciary make it attractive?
Since Mahathir wreaked havoc on the judiciary, it has been under the control of the Executive, meaning under control of the Prime Minister.
Let's imagine we are a foreign company considering where to invest.
We look at Malaysia and note it has a large, fairly educated, fairly literate population, English is widely spoken.
That is good, the workforce won't be much problem.
The government offers large tax breaks as incentives. Again good, though artificial, as taxes are created by the government.
Companies don't operate in a vacuum, they need to liaise with suppliers, distributors, etc.
Legal disputes may arise.
Let's imagine a legal dispute with a GLC (government linked company).
The legal system in Malaysia is NOT independent, it is under control of the Prime Minister.
Government officials, or their relatives, may have financial interests
in the GLC.
So, will the court be fair and objective or favour the GLC?
It makes investing in Malaysia a gamble.
There's the DNA Bill.
It could be a tool to catch people stealing inventory.
What else could it be?
Could it be used for blackmail?
Could the company be pressured to give away trade secrets, such as
secret formulas?
An executive of the company could be told if they don't give certain information to a rival company, which just happens to be a GLC, the executive will be charged with adultery and DNA proof of adultery will be presented in court, where DNA evidence, under Clause 24 of the DNA Bill, can't be challenged.
The company considers other countries, Singapore, Indonesia, Thailand as alternatives to Malaysia.
WRITTEN BY PAKAC LUTEB
October 19, 2009
A COMMON TOOL
Police often lie to suspects when questioning them, to mislead the suspect to reveal information they would otherwise not give the police. Lying is a common tool of police.
Despite the PI Bala being ex-police and knowing that police lie, Bala still believed his ex-colleague and friend in the Brickfields police who invited Bala for a teh tarik after Bala's first SD.
What Bala found instead of teh tarik was that the machinery of government had moved hyperfast and prepared a second SD negating the first SD, also Bala found the government had engaged a different lawyer for the second SD.
After presenting the second SD, Bala, his wife and children disappeared. Some time later, there was also no news of Bala's nephew, who had been close to Bala and very worried when Bala disappeared.
What happened to Bala and his relatives?
Because the police lie as a normal thing in police work, they could very well lie when presenting DNA evidence in court.
For example, the police could lie that a suspect's DNA matches the DNA from a crime scene when in fact there is NOT a match. The police could also simply decide to avoid the trouble and expense of DNA testing and claim there is a match with a suspect's DNA when actually a DNA test was never performed.
A general question: What court or judge or lawyer would allow a Bill that removes the right to challenge something in court? If no challenge is possible, the courts, judges and lawyers will be
unemployed, as they would have nothing to do.
Clause 24 of the DNA Bill prevents challenging DNA evidence in court, however, other challenges might be possible.
A court, or Parliament, may be able to challenge the validity of the Bill itself.
The validity of the Bill is suspect because of the removal of judicial review.
Removing judicial review and putting handling of DNA evidence under the police violates the separation of powers of the Executive and the Judiciary.
The lack of judicial review is a characteristic of police states, NOT democracies.
With passage of the DNA Bill, Malaysia is officially a police state, although it has been an unofficial police state for some decades, thanks in large part to Mahathir's molest and rape of the judiciary, including ending trial by jury.
Malaysia URGENTLY needs a return of trial by jury.
Have you noticed, in all the talk by the government about judicial reforms, trial by jury has NEVER been mentioned?
That's because trial by jury is what the government fears MOST.
The absence of trial by jury is the MOST powerful tool the government has against the rakyat, even more powerful than the ISA.
That is why the government has talked of reviewing the ISA but NEVER, not even ONCE, spoken of considering a return of trial by jury.
When there is trial by jury, the rakyat, not a judge, decides guilt or innocence of an accused.
The government can control a judge but it can't control the rakyat, that's why the government is truly terrified of trial by jury.
Please excuse any typos i may have missed, my cat Claws 24 was helping me write by stepping on the keyboard.
Written by Pakac Luteb
October 18, 2009
A BASIC PRINCIPLE
Although this article is on a serious matter, Clause 24 of the DNA Bill, I will begin on a light note that is a pun and conclude with yet another pun.
My cat has six toes on each foot. It's a rare mutation that led me to name my cat Claws 24.
Now for the serious stuff. A court is the appropriate forum, in fact the only forum, to challenge evidence in a trial. That's a basic principle.
Because of that, any ban on challenging evidence in court makes the court useless and irrelevant. The effect of such a ban is to make the court non-existent, because such ban makes possible conviction of an accused on evidence that contains an error, is fabricated or in fact even non-existent although claimed to exist.
Some problems with convicting an accused solely on the basis of DNA: DNA evidence can be easily contaminated with other DNA or damaged (the strands of DNA broken into smaller pieces) and it can even be fabricated, please refer to THIS LINK.
Clause 24 makes the DNA Bill a tool to convict anyone of anything, by claiming that there is DNA evidence of guilt of the accused.
Malaysia Today has a nice article AT THIS LINK about how a mistake can come back later with a painful bite:
Clause 24 may be such a mistake, a mistake that may come back to bite Najib and Rosmah.
Here is a way they may become bitten:
First, 2 facts:
Fact 1: Everywhere we go we are leaving samples of our DNA. The samples are small, but they can be amplified by a method called PCR, until there is sufficient DNA for testing.
Fact 2: When a woman is pregnant, some cells from the baby inside her circulate in her blood. Thus, cells from her baby can be found throughout her body, in any tissue where there is blood supply, including in her bones. Remember, it is in the bones, in the bone marrow, where blood is made. Those cells from the baby of course
contain DNA from both it's parents, including the father. Bones of Altantuya are in Mongolia and her father is a medical doctor, he would know who can extract DNA from her bones.
Taken together, those 2 facts potentially could lead to DNA of Najib being compared with DNA from the bones of Altantuya.
If there is a match, because of Clause 24, it would be conclusive evidence, not allowed to be challenged in any court, that Najib made Altantuya pregnant.
Even if the DNA match were to be totally fabricated or non-existent, it would still be impossible for Najib to challenge in any court, because of Clause 24.
Thus Najib, because of Clause 24, could be found, without any means to challenge the evidence, to have impregnated Altantuya, giving motive for Rosmah to want to kill Altantuya.
With motive to kill Altantuya and Rosmah being present at the place Altantuya was killed, her presence at the murder scene being claimed by both Bala's first SD and by RPK, presumably Rosmah wanted to be there to be confident that Altantuya was truly dead, Rosmah could be convicted of murder and sent to the gallows.
The long saga of the murder of Altantuya would thus finally conclude.
Malaysians might gain a new peribahasa (saying) from the sordid tale,
"It's not over until the fat lady hangs".
Written by Pakac Luteb
My cat has six toes on each foot. It's a rare mutation that led me to name my cat Claws 24.
Now for the serious stuff. A court is the appropriate forum, in fact the only forum, to challenge evidence in a trial. That's a basic principle.
Because of that, any ban on challenging evidence in court makes the court useless and irrelevant. The effect of such a ban is to make the court non-existent, because such ban makes possible conviction of an accused on evidence that contains an error, is fabricated or in fact even non-existent although claimed to exist.
Some problems with convicting an accused solely on the basis of DNA: DNA evidence can be easily contaminated with other DNA or damaged (the strands of DNA broken into smaller pieces) and it can even be fabricated, please refer to THIS LINK.
Clause 24 makes the DNA Bill a tool to convict anyone of anything, by claiming that there is DNA evidence of guilt of the accused.
Malaysia Today has a nice article AT THIS LINK about how a mistake can come back later with a painful bite:
Clause 24 may be such a mistake, a mistake that may come back to bite Najib and Rosmah.
Here is a way they may become bitten:
First, 2 facts:
Fact 1: Everywhere we go we are leaving samples of our DNA. The samples are small, but they can be amplified by a method called PCR, until there is sufficient DNA for testing.
Fact 2: When a woman is pregnant, some cells from the baby inside her circulate in her blood. Thus, cells from her baby can be found throughout her body, in any tissue where there is blood supply, including in her bones. Remember, it is in the bones, in the bone marrow, where blood is made. Those cells from the baby of course
contain DNA from both it's parents, including the father. Bones of Altantuya are in Mongolia and her father is a medical doctor, he would know who can extract DNA from her bones.
Taken together, those 2 facts potentially could lead to DNA of Najib being compared with DNA from the bones of Altantuya.
If there is a match, because of Clause 24, it would be conclusive evidence, not allowed to be challenged in any court, that Najib made Altantuya pregnant.
Even if the DNA match were to be totally fabricated or non-existent, it would still be impossible for Najib to challenge in any court, because of Clause 24.
Thus Najib, because of Clause 24, could be found, without any means to challenge the evidence, to have impregnated Altantuya, giving motive for Rosmah to want to kill Altantuya.
With motive to kill Altantuya and Rosmah being present at the place Altantuya was killed, her presence at the murder scene being claimed by both Bala's first SD and by RPK, presumably Rosmah wanted to be there to be confident that Altantuya was truly dead, Rosmah could be convicted of murder and sent to the gallows.
The long saga of the murder of Altantuya would thus finally conclude.
Malaysians might gain a new peribahasa (saying) from the sordid tale,
"It's not over until the fat lady hangs".
Written by Pakac Luteb
October 16, 2009
DEVILS - A BRIEF TUTORIAL
People tend to choose the Devil they know instead of the Devil they don't know.
They do that because they don't THINK before choosing.
Devil we know, such as BN: We know it's a DISASTER and will ALWAYS be a DISASTER.
Devil we don't know, such as PKR/PAS: May be a DISASTER, may be EXCELLENT, may be just OK-lah. Those are the odds by mere chance. We can't predict the future accurately, so let's allow chance to guide us.
Devil we know, BN: 3/3 chance [100%] DISASTER
Devil we don't know PKR/PAS: 1/3 chance of DISASTER, 1/3 chance of OK-lah, 1/3 chance of EXCELLENT.
Thus we can see that the Devil we don't know has a 2/3 chance of being better than Devil we know.
Let us embrace the Devil we don't know and avoid giving the BN another landslide victory.
Come what may, DON'T vote BN, vote anything else, vote the Devil you don't know, proven above to probably be better than the Devil we know.
Written by Pakac Luteb
They do that because they don't THINK before choosing.
Devil we know, such as BN: We know it's a DISASTER and will ALWAYS be a DISASTER.
Devil we don't know, such as PKR/PAS: May be a DISASTER, may be EXCELLENT, may be just OK-lah. Those are the odds by mere chance. We can't predict the future accurately, so let's allow chance to guide us.
Devil we know, BN: 3/3 chance [100%] DISASTER
Devil we don't know PKR/PAS: 1/3 chance of DISASTER, 1/3 chance of OK-lah, 1/3 chance of EXCELLENT.
Thus we can see that the Devil we don't know has a 2/3 chance of being better than Devil we know.
Let us embrace the Devil we don't know and avoid giving the BN another landslide victory.
Come what may, DON'T vote BN, vote anything else, vote the Devil you don't know, proven above to probably be better than the Devil we know.
Written by Pakac Luteb
October 15, 2009
JUNK SCIENCE
An article from The Star (refer to the end of the post for the copy of the letter)claims that LBA is NOT junk science, BECAUSE LBA uses some of the same technical terms that medical science uses and BECAUSE someone doing LBA sees the same features of RBCs (red blood cells) that a medical lab technician sees.
To see the falsehood of those claims by the article consider the following analogies:
If someone says "myocarditis" for inflammation of the heart muscle and "hypertension" for high blood pressure, does that make the person a doctor? Of course not!
When someone watches an English Premier League game on Astro and sees the same goal kick a referee at the game sees, does that make a viewer seated in a Mamak shop watching the game an EPL referee? Of course it does not!
RBC defects can have many causes, genetic, parasites, medicines, etc. Doctors are trained to do the proper differential diagnosis, meaning determining the cause of the RBC defect, because obviously the treatment is different for different causes.
The author is a homeopathic doctor (an oxymoron). Homeopathy is NOT scientific, as you shall see.
Homeopathy claims to cure people by giving extremely dilute doses of a substance that would cause a healthy person the same symptoms as the ill person if the substance were given in larger concentration to the healthy person. (The homeopathic "law of similars".)
Thus, homeopathy states that if an ill person has a fever, treat them with a substance that would cause a healthy person to have a fever, but give the ill person an extremely dilute dose, literally diluted perhaps to 0.001 percent concentration, meaning one part in 100,000 parts.
Firstly, the "law of similars" is illogical, secondly how can anything extremely diluted have any effect?
Well, it CAN'T, not directly.
Any effect of homeopathy is the placebo effect, whereby someone's expectation of getting better makes them feel better OR the well-known fact that most fevers go away on their own after a few days, homeopathic treatment or no treatment.
LBA is truly junk science, anyone who says otherwise is either ignorant or lying.
written by Pakac Luteb
"Thursday October 15, 2009
Live blood analysis is not really junk science
I AM a homeopathic doctor. Although we do not need to do live blood
analysis (LBA) in our practice, it has helped me to understand so much
more about the conditions of my patients.
When I took up this course, called live blood morphology, my teacher
and trainer stressed again and again that it is not to be used as a
diagnostic tool, but rather as a screening tool at most. We know that
certain people abuse LBA for monetary gains, but that does not make it
less scientific.
By looking at a drop of blood under a brightfield microscope, we will
be able to see the conditions of the blood, especially the red blood
cells (RBC’s). If the size and shape of the RBC’s are not normal, it
will surely affect their oxygen-carrying capacity.
When the RBC’s are too big (macrocytes) or too small (microcytes)
their oxygen carrying capacity diminishes.
When there is a mixture of macrocytes and microcytes, the condition is
called anisocytosis. Macrocytes and microcytes are most likely caused
by deficiencies in iron, folic acid and vitamin B-12.
Many times an operator will see cells with rough edges, a condition
called poikilocytosis. These are cells damaged by free radical
possessing agents such as chemicals, smoke from cigarettes,
preservatives, etc.
Target cells are indicative of a deficiency in hemoglobin “Hb” content
and are therefore incapable of delivering oxygen. The causes could be
lack of iron in the system and are common in menstruating women with
heavy blood flow.
The terms microcytes, macrocytes, anisocytosis, poikilocytosis, target
cells that often appear under the blood film report of a normal blood
test. When the knowledge and analysis of the RBC condition is already
in the mainstream of medical science, how can it still be called ”junk
science” ?
What we truly need now is regulation so that LBA is not abused in
whatever way. We have reached a stage when we can no longer brush it
aside as being unscientific or brand it as “junk science”.
STALLION CHAN,
Alor Star."
Source: THE STAR
To see the falsehood of those claims by the article consider the following analogies:
If someone says "myocarditis" for inflammation of the heart muscle and "hypertension" for high blood pressure, does that make the person a doctor? Of course not!
When someone watches an English Premier League game on Astro and sees the same goal kick a referee at the game sees, does that make a viewer seated in a Mamak shop watching the game an EPL referee? Of course it does not!
RBC defects can have many causes, genetic, parasites, medicines, etc. Doctors are trained to do the proper differential diagnosis, meaning determining the cause of the RBC defect, because obviously the treatment is different for different causes.
The author is a homeopathic doctor (an oxymoron). Homeopathy is NOT scientific, as you shall see.
Homeopathy claims to cure people by giving extremely dilute doses of a substance that would cause a healthy person the same symptoms as the ill person if the substance were given in larger concentration to the healthy person. (The homeopathic "law of similars".)
Thus, homeopathy states that if an ill person has a fever, treat them with a substance that would cause a healthy person to have a fever, but give the ill person an extremely dilute dose, literally diluted perhaps to 0.001 percent concentration, meaning one part in 100,000 parts.
Firstly, the "law of similars" is illogical, secondly how can anything extremely diluted have any effect?
Well, it CAN'T, not directly.
Any effect of homeopathy is the placebo effect, whereby someone's expectation of getting better makes them feel better OR the well-known fact that most fevers go away on their own after a few days, homeopathic treatment or no treatment.
LBA is truly junk science, anyone who says otherwise is either ignorant or lying.
written by Pakac Luteb
"Thursday October 15, 2009
Live blood analysis is not really junk science
I AM a homeopathic doctor. Although we do not need to do live blood
analysis (LBA) in our practice, it has helped me to understand so much
more about the conditions of my patients.
When I took up this course, called live blood morphology, my teacher
and trainer stressed again and again that it is not to be used as a
diagnostic tool, but rather as a screening tool at most. We know that
certain people abuse LBA for monetary gains, but that does not make it
less scientific.
By looking at a drop of blood under a brightfield microscope, we will
be able to see the conditions of the blood, especially the red blood
cells (RBC’s). If the size and shape of the RBC’s are not normal, it
will surely affect their oxygen-carrying capacity.
When the RBC’s are too big (macrocytes) or too small (microcytes)
their oxygen carrying capacity diminishes.
When there is a mixture of macrocytes and microcytes, the condition is
called anisocytosis. Macrocytes and microcytes are most likely caused
by deficiencies in iron, folic acid and vitamin B-12.
Many times an operator will see cells with rough edges, a condition
called poikilocytosis. These are cells damaged by free radical
possessing agents such as chemicals, smoke from cigarettes,
preservatives, etc.
Target cells are indicative of a deficiency in hemoglobin “Hb” content
and are therefore incapable of delivering oxygen. The causes could be
lack of iron in the system and are common in menstruating women with
heavy blood flow.
The terms microcytes, macrocytes, anisocytosis, poikilocytosis, target
cells that often appear under the blood film report of a normal blood
test. When the knowledge and analysis of the RBC condition is already
in the mainstream of medical science, how can it still be called ”junk
science” ?
What we truly need now is regulation so that LBA is not abused in
whatever way. We have reached a stage when we can no longer brush it
aside as being unscientific or brand it as “junk science”.
STALLION CHAN,
Alor Star."
Source: THE STAR
October 03, 2009
BROADBAND or BROADFRAUD
The recent Oxford report (sponsored by Cisco) and reported in Malaysia Today regarding Broadband service of many countries, confirms what many Malaysians have long suspected.
The blogs and forums are full of tales of slow and unstable and intermittent Malaysian internet service.
Malaysian ISPs tell their customers that service is provided on a "best effort" basis, meaning there is no benchmark, whatever the speed or uptime may be, the ISP is doing it's best, so don't expect more.
Customers of Malaysian ISPs should explore the website of the Malaysian Multimedia Commission regarding the matter.
In the website they will find that a benchmark actually exists, so many percent of advertised speed so many percent of the time.
The website notes that ISPs can be fined for failing to provide the required level of service.
3 problems:
1) Malaysians don't demand for the service promised.
2) The quality of service required of ISPs is not enforced by the
Multimedia Commission.
3) There is no real competition amongst Malaysian ISPs.
In countries overseas ISPs compete for customers vying to offer the best service at the lowest price.
Overseas ISPs give the customer COMPETENT TECHNICAL ASSISTANCE when there is a problem, otherwise they will LOSE that customer to a RIVAL ISP.
Malaysian ISPs, like many Malaysian companies, usually provide clueless customer service, that is, when it's possible to contact customer service.
One word describes the situation (and the situation with Proton cars too):
MONOPOLY
Competition leads to excellence, monopoly leads to mediocrity.
WRITTEN BY PAKAC LUTEB
The blogs and forums are full of tales of slow and unstable and intermittent Malaysian internet service.
Malaysian ISPs tell their customers that service is provided on a "best effort" basis, meaning there is no benchmark, whatever the speed or uptime may be, the ISP is doing it's best, so don't expect more.
Customers of Malaysian ISPs should explore the website of the Malaysian Multimedia Commission regarding the matter.
In the website they will find that a benchmark actually exists, so many percent of advertised speed so many percent of the time.
The website notes that ISPs can be fined for failing to provide the required level of service.
3 problems:
1) Malaysians don't demand for the service promised.
2) The quality of service required of ISPs is not enforced by the
Multimedia Commission.
3) There is no real competition amongst Malaysian ISPs.
In countries overseas ISPs compete for customers vying to offer the best service at the lowest price.
Overseas ISPs give the customer COMPETENT TECHNICAL ASSISTANCE when there is a problem, otherwise they will LOSE that customer to a RIVAL ISP.
Malaysian ISPs, like many Malaysian companies, usually provide clueless customer service, that is, when it's possible to contact customer service.
One word describes the situation (and the situation with Proton cars too):
MONOPOLY
Competition leads to excellence, monopoly leads to mediocrity.
WRITTEN BY PAKAC LUTEB
September 30, 2009
AVOID BECOMING A VICTIM
Letter from Pakac Luteb
There are as many scams as there are dishonest people.
Fortunately there is information available to help people avoid
becoming the victim of a scam.
As a public service I provide below links to such information.
MLM watch
Pyramid Scheme Alert
Scams
It is my wish that you never become the victim of a scam.
Don't expect others to protect you.
Protect yourself.
A word (a few words, actually) of warning.
One of the sites tells how can give the scammers a headache by tricking them.
Actually tricking the scammers may be dangerous, some of the scams are done by Nigerians and the Nigerian gangsters are well known to be extremely violent.
Warm regards,
Pakac Luteb
There are as many scams as there are dishonest people.
Fortunately there is information available to help people avoid
becoming the victim of a scam.
As a public service I provide below links to such information.
MLM watch
Pyramid Scheme Alert
Scams
It is my wish that you never become the victim of a scam.
Don't expect others to protect you.
Protect yourself.
A word (a few words, actually) of warning.
One of the sites tells how can give the scammers a headache by tricking them.
Actually tricking the scammers may be dangerous, some of the scams are done by Nigerians and the Nigerian gangsters are well known to be extremely violent.
Warm regards,
Pakac Luteb
September 27, 2009
BIG BROTHER STRIKES
Malaysia loves to be the tallest or biggest in something.
Now Malaysia continues that practice by trying to act like cybercriminals.
Malaysia is launching denial of service (Dos/DDos) attacks on Malaysia Today. According to Wikipedia:
Those attacks overload the Malaysia Today site server denying access by legitimate visitors.
Denial of service attacks are a cybercrime. (CLICK THIS LINK for more information)
Such attacks in effect put a wall between a site and its users.
Why are such attacks a cybercrime?
For example, a company could attack the site of a competitor. That would be in effect a business welding a shutter covering the door of a rival business.
That would not be tolerated, for obvious reasons.
The Malaysian government is committing a cybercrime by blocking Malaysia Today.
The Malaysian government is also once again demonstrating its utter contempt for civil society and the law by engaging in cybercrime.
Whatever damage Malaysia Today inflicts on the Malaysian government, the Malaysian government is inflicting additional damage on itself by engaging in cybercrime.
Malaysia Today is merely exposing wrongdoings of the Malaysian government.
The Malaysian government can stop Malaysia Today without resorting to cybercrime, very simply actually, just become a responsible government, end corruption, deaths in custody, cheating in elections, exploiting the poor and the myriad other misdeeds of the government.
Independent media such as Malaysia Today have a vital role in democratic societies, the role of keeping the government honest and exposing official wrongdoing.
Malaysians are truly fortunate to have Malaysia Today and other sites that provide receiving information from sources other than state-controlled sources.
Written by Pakac Luteb
Now Malaysia continues that practice by trying to act like cybercriminals.
Malaysia is launching denial of service (Dos/DDos) attacks on Malaysia Today. According to Wikipedia:
A denial-of-service attack (DoS attack) or distributed denial-of-service attack (DDoS attack) is an attempt to make a computer resource unavailable to its intended users. Although the means to carry out, motives for, and targets of a DoS attack may vary, it generally consists of the concerted efforts of a person or people to prevent an Internet site or service from functioning efficiently or at all, temporarily or indefinitely. Perpetrators of DoS attacks typically target sites or services hosted on high-profile web servers such as banks, credit card payment gateways, and even root nameservers.
One common method of attack involves saturating the target (victim) machine with external communications requests, such that it cannot respond to legitimate traffic, or responds so slowly as to be rendered effectively unavailable. In general terms, DoS attacks are implemented by either forcing the targeted computer(s) to reset, or consuming its resources so that it can no longer provide its intended service or obstructing the communication media between the intended users and the victim so that they can no longer communicate adequately.
Denial-of-service attacks are considered violations of the IAB's Internet proper use policy, and also violate the acceptable use policies of virtually all Internet Service Providers. They also commonly constitute violations of the laws of individual nations
Those attacks overload the Malaysia Today site server denying access by legitimate visitors.
Denial of service attacks are a cybercrime. (CLICK THIS LINK for more information)
Such attacks in effect put a wall between a site and its users.
Why are such attacks a cybercrime?
For example, a company could attack the site of a competitor. That would be in effect a business welding a shutter covering the door of a rival business.
That would not be tolerated, for obvious reasons.
The Malaysian government is committing a cybercrime by blocking Malaysia Today.
The Malaysian government is also once again demonstrating its utter contempt for civil society and the law by engaging in cybercrime.
Whatever damage Malaysia Today inflicts on the Malaysian government, the Malaysian government is inflicting additional damage on itself by engaging in cybercrime.
Malaysia Today is merely exposing wrongdoings of the Malaysian government.
The Malaysian government can stop Malaysia Today without resorting to cybercrime, very simply actually, just become a responsible government, end corruption, deaths in custody, cheating in elections, exploiting the poor and the myriad other misdeeds of the government.
Independent media such as Malaysia Today have a vital role in democratic societies, the role of keeping the government honest and exposing official wrongdoing.
Malaysians are truly fortunate to have Malaysia Today and other sites that provide receiving information from sources other than state-controlled sources.
Written by Pakac Luteb
September 19, 2009
SELAMAT HARI RAYA AIDIL FITRI
I would like to wish all my Muslim friends, blog readers/visitors and relatives "SELAMAT HARI RAYA AIDIL FITRI". May you all have safe journeys to and fro wherever you may go and may you be blessed with meaningful moments with your loved ones.
September 15, 2009
CORPORATE SOCIAL RESPONSIBILITY & NATIONAL DEVELOPMENT
I refer to "Good life turns sour for apartment owners" in Malaysiakini.
I felt sad reading about the plight the people are in through no fault of their own.
Segi Objective (M) Sdn Bhd. and Vibrant Leisure Sdn Bhd. are both 100%-owned subsidiaries of MK Land Holdings Bhd.
Isn't it the responsibility of MK Land Holdings Bhd. to ensure that its subsidiaries fulfil all obligations to their customers?
In the event the subsidiaries cannot fulfil those obligations, doesn't the parent corporation, in this case MK Land Holdings Bhd., have to make full restitution to the customers, such as a full refund of all monies paid, with interest, so as to make it as though the customer never had any dealings with the subsidiaries?
Shouldn't the parent corporation also pay any legal fees involved and compensate the customers for the time they wasted?
My opinion is that a corporation cannot disclaim responsibility for the acts or promises or statements of its subsidiaries or employees.
I also think that MK Land Holdings Bhd. should sort out the mess caused by its subsidiaries if Mustapha Kamal (the MK behind MK Land) wishes to maintain his good name and the good reputation of MK Land for social responsibility.
My suggestions to avoid a repeat of problems with a developer:
The developer have to set up a Trust Fund to fulfil any future obligations OR require all developers pay into an insurance pool that will compensate buyers AND require that developers obtain funds from banks, not buyers, to build projects AND the banks carefully assess the developers before providing a loan. The insurance company will also have to be careful that only capable developers can be part of the pool.
Build quality should also be paramount. Contractors should employ specialists, a carpenter to to do carpentry, a roofer to do roofs, an electrician to do wiring, etc. rather than employing people who are a "jack of all trades" and do nothing well except mucking things up.
Government can help by licensing trained tradespeople, e.g. plumbers and electricians and ensuring they do only tasks they are licensed for. The handbills stuffed in letterboxes saying "We are specialized in" and then listing 10 or more things should become a thing of the past as Malaysia develops.
To provide trained tradespeople vocational colleges will be needed.
The Education Ministry can assist by ensuring there are sufficient places in the vocational colleges for the electricians, auto mechanics, etc.
See how the construction industry and Education Ministry are linked?
Everything is linked in modern societies.
To become a fully developed nation Malaysia has to develop all types of links within society, education, industry, government, social services, agriculture, to name a few.
written by Pakac Luteb
I felt sad reading about the plight the people are in through no fault of their own.
Segi Objective (M) Sdn Bhd. and Vibrant Leisure Sdn Bhd. are both 100%-owned subsidiaries of MK Land Holdings Bhd.
Isn't it the responsibility of MK Land Holdings Bhd. to ensure that its subsidiaries fulfil all obligations to their customers?
In the event the subsidiaries cannot fulfil those obligations, doesn't the parent corporation, in this case MK Land Holdings Bhd., have to make full restitution to the customers, such as a full refund of all monies paid, with interest, so as to make it as though the customer never had any dealings with the subsidiaries?
Shouldn't the parent corporation also pay any legal fees involved and compensate the customers for the time they wasted?
My opinion is that a corporation cannot disclaim responsibility for the acts or promises or statements of its subsidiaries or employees.
I also think that MK Land Holdings Bhd. should sort out the mess caused by its subsidiaries if Mustapha Kamal (the MK behind MK Land) wishes to maintain his good name and the good reputation of MK Land for social responsibility.
My suggestions to avoid a repeat of problems with a developer:
The developer have to set up a Trust Fund to fulfil any future obligations OR require all developers pay into an insurance pool that will compensate buyers AND require that developers obtain funds from banks, not buyers, to build projects AND the banks carefully assess the developers before providing a loan. The insurance company will also have to be careful that only capable developers can be part of the pool.
Build quality should also be paramount. Contractors should employ specialists, a carpenter to to do carpentry, a roofer to do roofs, an electrician to do wiring, etc. rather than employing people who are a "jack of all trades" and do nothing well except mucking things up.
Government can help by licensing trained tradespeople, e.g. plumbers and electricians and ensuring they do only tasks they are licensed for. The handbills stuffed in letterboxes saying "We are specialized in" and then listing 10 or more things should become a thing of the past as Malaysia develops.
To provide trained tradespeople vocational colleges will be needed.
The Education Ministry can assist by ensuring there are sufficient places in the vocational colleges for the electricians, auto mechanics, etc.
See how the construction industry and Education Ministry are linked?
Everything is linked in modern societies.
To become a fully developed nation Malaysia has to develop all types of links within society, education, industry, government, social services, agriculture, to name a few.
written by Pakac Luteb
May 07, 2009
LETTER TO OUR CHILDREN
The recent events in Perak have reminded how bn/umno/the police have nil respect for democracy, the democratic process and the rule of law.
The recent events in Perak make it clear that bn/umno/the police are thugs.
How to deal with thugs?
One way is to hartal (general strike) until democracy and the rule of law return to perak.
Better still, why not hartal until democracy and the rule of law exist throughout Malaysia?
Let's not hartal just for ourselves. Let's hartal for our children also, that they can live and work in a democratic country that respects human rights and treats its citizens with the respect they deserve.
Written by PAKAC LUTEB
The recent events in Perak make it clear that bn/umno/the police are thugs.
How to deal with thugs?
One way is to hartal (general strike) until democracy and the rule of law return to perak.
Better still, why not hartal until democracy and the rule of law exist throughout Malaysia?
Let's not hartal just for ourselves. Let's hartal for our children also, that they can live and work in a democratic country that respects human rights and treats its citizens with the respect they deserve.
Written by PAKAC LUTEB
