A very strange thing is happening in Malaysia – a lawyer is practically setting out the grounds for his client to be charged whereas the AG and (de facto) Law Minister are bending over backwards and at pains to avoid charging the lawyer’s client.

It all relates of course to the fly in the ointment for the Malaysian PM (or the Gorilla or Elephant in the room), which refuses to go away. The circumstances of the murder of Altantuya Shaariibuu all point to the involvement of the PM and this obviously leads the Malaysian public to easily say but of course the AG and the Minister would not prosecute as that would obviously reopen the PM’s proverbial cupboard full of skeletons.

 

The below letter was published by Malaysiakini (21/12/2010, I think) – as always, anything to do with the PM’s apparent involvement with this despicable incident should be reproduced and republished as often as possible so that the it is given as wide a coverage as possible. I don’t think Americk Sidhu would disagree.

 

What can I say about Minister in the Prime Minister’s Department Nazri Aziz’s statement last week?

More wool pulled over our eyes and more hogwash poured all over our intelligence.

Nazri was chosen to respond.

This is what he had to say. I have translated his comments as best as I can: “ It was found that both the contradictory statutory declarations (SDs) was not an offence as they were not made for the purposes of court proceedings therefore the element under s 199 was not fulfilled and so S Balasubramaniam’s making two contradictory SDs was not an offence under the section. The contradictions in both SDs did not affect in any way the Altantuya (Shaariibuu) case”.

That is a shame because if Bala’s first SD was allowed to be presented to the court in the Altantuya case, it would probably have ‘affected’ the outcome quite significantly. It was only because of his second SD that the first was rather inelegantly ‘neutralized’.

Both these SDs could not have been true because they were in total conflict with each other.

Nazri, you picked this detail up when you admitted they were ‘contradictory’. You were on the right track.

I have been made to understand that my client, Bala, has already written to the AG confessing that his second SD was not true and that an invitation to charge him for that transgression was tendered.

As far as I am aware this offer has yet to be accepted.

Nevertheless, let’s see what Nazri’s or the AG’s excuse is. They are apparently relying on the provisions of Section 199 of the Penal Code to say that they can’t possibly charge Bala (as much as they would like to), because there has been no offence committed.

There has been no offence committed because Bala’s SDs were not ‘made for the purposes of court proceedings’.

Those were Nazri’s words, not mine.

I am sorry, but I am now forced to refer everyone to the details of the legal mumbo jumbo contained in Section 199. This I have to do for completeness so please bear with me. I have highlighted only the relevant bits so that you don’t get sidetracked by the irrelevant portions. It’s not easy to understand even for trained lawyers like Nazri, the AG, or even myself. But all will become clear if we persevere.

Section 199: False statement made in any declaration which is by law receivable as evidence.

“Whoever in any declaration made or subscribed by him, which any declaration any court or any public servant or person is bound by law to receive as evidence of any fact, makes any statement which is false and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence*(*false evidence here means perjury.).”

So Nazri, I think we are concerned with the part that reads ‘any court…..is bound by law to receive……’. This is what your response seems to imply. You are saying that because Bala did not produce any of his SDs for the purpose of court proceedings, he cannot be charged for an offence under Section 199 even if one of his SDs was false or untrue.

I don’t think you can possibly be right here, because:

Firstly, Bala actually did produce his first SD for the purposes of court proceedings. He has stated this very clearly in paragraph 54 which I reproduce below for ease of reference:

54. The purpose of this statutory declaration is to:

54.1 State my disappointment at the standard of investigations conducted by the authorities into the circumstances surrounding the murder of Altantuya Shaaribuu.

54.2 Bring to the notice of the relevant authorities the strong possibility that there are individuals other than the 3 accused who must have played a role in the murder of Altantuya Shaaribuu.

54.3 Persuade the relevant authorities to reopen their investigations into this case immediately so that any fresh evidence may be presented to the court prior to submissions at the end of the prosecutions case.

54.4 Emphasize the fact that having been a member of the Royal Malaysian Police Force for 17 years, I am absolutely certain no police officer would shoot someone in the head and blow up their body without receiving specific instructions from their superiors first.

54.5 Express my concern that should the defence not be called in the said murder trial, the accused, Azilah and Sirul will not have to swear on oath and testify as to the instructions they received and from whom they were given.

I don’t think the AG nor your goodself may have had the opportunity of referring to the provisions of the Statutory Declarations Act 1960, and in particular to Section 3, which reads as follows:

“Declarations made by virtue of the provisions of this Act shall be deemed to be such declarations as are referred to in s 199 and s 200 of the Penal Code.”

That makes things a lot clearer now, doesn’t it?

It doesn’t seem to matter whether the SD was ‘made for the purposes of court proceedings’ or not. Section 3 of the Statutory Declarations Act says, basically, that any SD made under this act is deemed to be one to which Section 199 refers, and so both of Bala’s SDs would clearly fall into this category. Therefore he can be charged for an offence under Section 199.

Just to make sure all the loop holes have been plugged, Bala did end his SD with these words:

55. And I make this solemn declaration conscientiously believing the same to be true by virtue of the provisions of the Statutory Declarations Act 1960.

I don’t think I can make this any clearer for you, Nazri, or the AG.

I am unable to understand (or maybe I do) why you are devoting so much time and energy in trying to avoid prosecuting my client when the offence to which all this relates has been admitted to by my client.

If your interpretation of Section 199 is correct, then I have another question for you.

Do you recall the statutory declaration that Raja Petra Kamaruddin made some time ago in relation to the information he had received concerning Rosmah Mansor’s presence at the scene of the Altantuya detonation? Yes, how could anyone forget this.

Anyhow, there was absolutely no hesitation shown in charging Raja Petra for criminal defamation for this SD even though it was not made ‘for the purposes of court proceedings.’

There just seems to be one sauce for the goose and a completely different one for the gander.

Please forward this message on to the persecution department of the Attorney General’s Chambers. Hopefully they may now perceive things in a different light.

The writer is lawyer for private investigator P Balasubramaniam.

One of Henry Lawson’s funniest works is that of the loaded dog. The “loaded dog” has of course become a well used metaphor and most of us know to avoid one, not because the poor mutt has any inherent flaws. The “load” however is a danger to itself and those around the poor blighter and the natural reaction, which is often the best one in this context, is to avoid it and have nothing to do with it. The mutt in Lawson’s piece often thought it was doing no harm by approaching others, including its mates. The problem of course is that anyone who approaches it to diffuse the load, runs the danger of being blown up. Avoid the loaded dog and do all you can to ensure it stays away from you – that is my mantra in dealing with this issue.

What a turnaround. A few months ago, I decided the Boxing Day test in MCG would not be worth the trouble if the Aussies didn’t seem keen on winning. The Adelaide test sort of confirmed this for me. Suddenly the Boxing Day test is beginning to look like a saliva inducing match. Should I or should I not scramble for tickets… or is it simply too late? Whether or not I am part of the excitement at the G, the Ashes has certainly become a whole lot more exciting for everyone.

“Twas the night before Christmas” probably should cop full blame for the annual spectre of a fat middle aged and unshaven man in red pyjamas wrecking otherwise beautifully marbled venison to shove recycled gifts into cheesy old socks.

One week out before Christmas, an overweight middle aged unshaven man is probably having too much red meat and soaking up a little bit too much Shiraz and Sauvignon Blanc and waiting to see out the year for a fresh one to begin.

In as much as I have always enjoyed the yuletide what I am looking for is to be able to put this year behind me and focus on having a fresh start next year. I sometimes wonder if I do that too much at the expense of a more “carpe diem” philosophy.

It’s now just a little over 2 weeks before the year finishes up. It has been quite a year, too. I’ve straddled a tight work situation, pushed through a church merger, commenced a formal part-time course and managed to also go away to China and Malaysia for a holiday as well as have a great time with family who visited Melbourne.

Kiddo is coming to the pointy end of her school education and would have to be ready to swoop on Year 12 next year. I’m looking out and up as to what the next year holds in store – plenty of nerves but also hope that things would settle down work wise in one way or another. Tress too is weary of corporate life and commuting in and out of the city so like yours truly, she too is on the lookout for something else.

It’s now more than 6 years since we left Malaysia. My hairline is visibly higher, midriff visibly larger and little if any countervailing signs against the ravages of age to provide solace against the harsh march of time towards the inevitable. Tom Hanks was wrong and life is no box of chocolates. That doesn’t mean however that life can’t be sweet. If we but have some rest, and knowledge of a hope that awaits us beyond the Styx we will have more than mere chocolates.

In fact CS Lewis may well be right and we are in some sense, already in heaven. The “here and not yet” notion so apparent in the scriptures is probably played out in our lives on a daily basis and we taste heaven every time we live in the way our Creator intended . Simon Longden from Pioneers Australia spoke in our church not too long ago. He said the glory of God is whatever lets you see glimpses of God (or some words to that effect). A rainbow, a kind act, a sweet word, courage, rectitude, principled living, great food, fun family time – they all reflect the glory of God. What an insight, and what a way to describe the subject matter.

For the laboured manner we have passed through recent years, the road ahead is still long. There is as yet more opportunities to strive, to build and to seek God’s glory. I have a Stacy Kent album where my favourite song was/is “The Best is yet to come”. I have always enjoyed that song.

With all the hullabaloos of the recent FIFA selection of far flung Russia for the next World Cup and an grog-free oven for the one after that, the spotlight has been trained on the 22 gentlemen of the FIFA Executive Committee who voted a few days ago.

Who were they, and were they representative of world football? Of the 25, 2 were suspended or banned (actually they should all have been) so that should have left 23, so I wonder if there was a third person suspended, or was either Blatter or Valcke a non-voting member?

Here’s the list of the persona dramatis:

President

1. Joseph S Blatter – Switzerland

Senior Vice President

2. Julio H Grondona – Argentina

Vice Presidents

3. Issa Hayatou – Cameroon

4. Chung Mong Joon – South Korea

5. Jack Warner – Trinidad & Tobaggo

6. Angel Maria Villar Llona – Spain

7. Michel Platini – France

8. Reynald Temari – Tahiti (suspended/banned)

9. Geoff Thomson – England

Members

10. Michel D-Hooghe – Belgium

11. Ricardo Terra Teixeira – Brazil

12. Mohammed Bin Hammam – Qatar

13. Senes Erzik – Turkey

14. Chuck Blazer – USA

15. Worawi Kamudi – Thailand

16. Nicolas Leoz – Paraguay

17. Junji Ogura – Japan

18. Amos Adamu – Nigeria (suspended/banned)

19. Marios Lefkaritis – Cyprus

20. Jacques Anouma – Ivory Coast

21. Franz Beckenbauer – Germany

22. Rafael Salguero – Guatemala

23. Hany Abo Rida – Egypt

24. Vitaly Mutko – Russia

Secretary General

25. Jerome Valcke – France

One wonders why traditional football powerhouses such as Italy and Holland weren’t represented and why China wasn’t there whereas minnow countries like Guatemala and Tahiti made the list (ban aside). Maybe it is a zone based thing – Jack Warner for example represents the CONCACAF and Hammam represents the AFC.

Anyway – there you have it and it’s not hard to see why countries like England, US and Australia fared so badly, pitch strategies aside. The above countries aren’t exactly great fans of the old country and its new outposts of the empire and they would be only too happy to get rid of these candidates. The English bidding group have suggested that maybe the answer really is to expand the power base and make it more like IOC. On the one hand you’d think the English would say that given they succeeded with the IOC to bring the games to London in 2012. On the other hand, expanding the base would tend to eliminate shoddy practice which everyone is convinced is happening big time with the current mob.

What were the overnight crowds at Fed Square thinking? Or more disturbingly, what was Lucas Neil thinking? He looked genuinely surprised and disappointed with the announcement of Qatar as the selected host for the 2022 World Cup. Or maybe more relevantly, with Australia’s loss.

Australia has an overwhelming tendency to overestimate its own position and role in world affairs. The fact that it is in Oceania, has a population smaller than many countries, is no where in world soccer, has its own domestic game pegged way down overwhelmingly below all other codes, doesn’t seem to affect its belief that it had a chance.

If the video for the campaign is an indication of its views and of how the game is played (the political side) then it is seriously mistaken, even worse than I imagined. A kangaroo skipping around with the stolen trophy and chased down by Hoges, sells absolutely nothing I thought. What was the FFA thinking? What was Mark Arbib the Sports Minister thinking? Lucas Neil the airhead you can excuse. But Ben Buckley, Frank Lowy and Mark Arbib? These were supposed to be smart people. Did they really think the video was it? Did they think that could substitute years of heavy duty networking and mutual back scratching?

Unbelievable. I am rarely embarrassed to be an Aussie but this time, I’m afraid I am. Just this once.

 

Sim and Daniel’s Down Under holidays finished up yesterday. Tress, kiddo and I have thoroughly enjoyed and cherished having them with us for that second week of their holidays. Seeing the kids blossoming so well was such an invigorating experience. Nicole, Isaac and Stanley are all bright, courteous and warm kids. After they left yesterday arvo, even Scruffy was feeling really weird at the quiet and downbeat house.

We left the airport just after 10am, and there was a massive jam on the Tullamarine Highway, with a multi-car pile up. Tress and I had each driven a car and she was right behind me as we both crawled through the snarling traffic. We eventually got out of the Tulla and got onto the Eastern which then became relatively painless.

I stopped by Blackburn to pick Kiddo up – she had been to school for her VCE Renaissance orientation. We then stopped to pick up my dry cleaning and then headed home. Tress started another load of laundry and we headed out for a quick lunch before returning to do some housework. Tress cooked for a couple from Church (who just had a baby) and I put Kiddo’s room back together again. She then moved her stuff out of the study (where she has been sleeping for a week) and took the opportunity to reorganise her stuff. She cleaned out her shelves and Year 11 stuff and generally made the room ready for even more serious work next year.

I in turn reclaimed the study, and I was vacuuming the house generally when I decided to duck out to the shed to get a citronella candle to smoke out the mozzies. That was when I discovered the miracle which had taken place in the shed – the place was swept clean and the mess cleaned out and organised. Daniel, Sim and Mum must have done it while I took the kids out to the beach. What a treat. I must tell them they could visit anytime if this is what I get in return!! It made it so much easier for me to think about sprucing out the shed – something I had planned for this summer all along.

I kept an appointment with a couple of guys that night and headed out to a steakhouse in South Yarra (Steer at the Olsen). The food was fantastic and the catch up was good. One’s an ex-colleague who’s now in a property investment trust and the other’s a colleague, who provided the updates on the latest office gossip to ease the catching up for yours truly.

I resumed my routine this morning – went into the gym this morning and the relief at seeing the scale not blowing helter skelter was almost palpable. I have enjoyed the meals and snacks with the holiday makers and was at times starting to wonder what havoc such indulgence was going to wreak. Things were more or less still under control but the workout was a laboured.

I got into the office and was combing through the piles of emails when I came across one from the Head of Department of BCV (Bible CollegeVictoria). I quickly clicked it open and opened up all 3 attachments, each with feedbacks to my exam questions. I’m just glad I got through and can now look forward to the next semester with some encouragement and hopefully some renewed vigour as well.

So, as the year draws to an end with the start of summer, all I can do is hope that next year will be better and it will be more apparent what that holds for me. I am in the meantime, thoroughly grateful for what I already have.