There is now a major catastrophe in Queensland, brought about by the floods. Toowoomba was severely affected yesterday, along with the tiny town of Grantham. About an hour ago, Brisbane has been hit, with the CBD evacuated. The Brisbane office of my company has been closed indefinitely and everyone has been asked to go home.

To add to this dark note, Richard Winters the soldier at the centre of the Band of Brothers, has died, aged 92. He was the super cool and very decent leader of the soldiers who fought in the last days of World War II in Europe and went on to the pacific campaign thereafter.

What a day 11-1-11 has turned out to be…

it’s 11-1-11 today or if you prefer, 1-11-11

Another weekend in this languid but cool summer, another weekend of eating and catching up with friends.

On Sat we met up with Elijah Chew and Amy in their home in Mulgrave, together with their 6 kids and 2 other families. They had invited us to lunch to sort of thank those who helped them when Elijah was unwell and in hospital. Ing Tung and Chin Moi as well as Alfred and Catherine were also there and it was just great catching up with them again, having not seen them for a few months now. These were all friends we made in university and they are all just genuine, simple and great people. Elijah is a pastor now in Doveton and he is still recovering so we thought we’d leave early so he could rest and get ready for Sunday, which should be a really busy day for him. We adjourned to Alfred and Catherine’s new home, also in Mulgrave and chatted again over a beer till well past 6.

Last night we were at Choy and Sharon’s in Warrandyte. They are house sitting (on a long term basis) a biggish home which backs into a reserve with a herd of kangaroos running (hopping) around. The Foo’s and Hii’s were there with us and it was another session of eating and talking together.

See this from Malaysiakini today. I dont know how Malaysians continue to stomach this utter waste of space named Ibrahim Ali and his band of mutant followers.

 

Malay rights pressure group Perkasa has urged the federal government not to proceed with its plan to establish a Royal Commission of Inquiry into political aide Teoh Beng Hock’s death.

At a press conference today, Perkasa chief Ibrahim Ali (right) said there was no need for the commission because the inquest had already declared an open verdict on his cause of death.

“We should all just leave it to the police to handle the matter and take action against the guilty party,” said Ibrahim.

Given that the courts had already decided on the matter, having the commission to probe the matter was tantamount to disrespecting the courts and a waste of public funds.

“(What) if this commission does work? What else will we establish next?” Ibrahim asked.

Ibrahim salutes PM

He explained that the inquest will serve no purpose because the matter had already been presented in an open court.

“Of course we are saddened about his passing but this should not be the way,” he said.

Ibrahim adds that the establishment of the commission would also serve as fodder for the opposition.

Despite his criticisms on the commission, Ibrahim commended Najib for attempting to show that his administration was transparent.

“For that I salute him,” said Ibrahim.

On Wednesday, Coroner Azmil Muntapha Abas declared an open verdict on Teoh’s cause of death after an 18-month inquest.

Following this, Prime Minister Najib Abdul Razak today announced that a Royal Commission of Inquiry would be established to determine if Teoh’s human rights were violated during the investigation process at the hands of the Malaysian Anti-Corruption Commission (MACC).

Dr M to officiate second Perkasa rally

Meanwhile, Ibrahim announced that Perkasa’s second national gathering will take place on Feb 26 at Pasir Salak, Perak which is the site of JWW Birch’s slaying by Maharajalela and his assistant Sepuntum in 1874.

Former premier Dr Mahathir Mohamad will officiate the event that is themed ‘Bersatu teguh, becerai roboh (together we stand, divided we fall)’.

Ibrahim expects about 15,000 people at the event several speakers would be talking about the Malay and bumiputera economic agenda.

“This will bring awareness for the Malays and the bumiputera. It is about Malay rights. It is not racist but (an attempt) to bring the nation together and (ensure) everyone gets a fair share,” he said.

The event will be the second major Perkasa rally organised since September last year.

On the one hand this is unbelievable but on the other hand, this is not entirely unexpected in Malaysia. See this youtube clip: http://www.youtube.com/watch?v=Wl8xhoarNVc

One of my favourite television programs of all time is the Band of Brothers. My favourite episode in that series concerns a Lieutenant Spiers. In that episode, Easy Company had emerged from a torrid time in a forest in Bastogne under freezing conditions. They were asked to take over the little town of Foy from the Germans. Easy Company was under the charge of an ineffectual commander and couldn’t break through the German lines until Spiers stepped up and took over. Spiers stepped up, took command and lead from the front. He blazed through and ran from one vantage point to another, methodically and courageously picking out snipers and artilleries. His brave feats lead Easy Company to complete victory and overcame the enemy.

Later as the men took a well earned rest, someone asked Spiers how he did it. What was his classic reply? He said:

The only hope you have is to accept the fact that you’re already dead. The sooner you accept that, the sooner you’ll be able to function as a soldier is supposed to function: without mercy, without compassion, without remorse. All war depends upon it.

To function as a soldier, one has to accept that he is already dead. The sooner that acceptance occurs, the better you’ll be able to function.

Dying to self is essential to effective function. He is no fool to give up what he cannot keep, to gain what he cannot lose. These were the words of Jim Elliot the missionary who gave up his life in Ecuador.

The Bible has always taught giving up of self. The elevation of self is the greatest lie the devil perpetuated to continue to suppress man and deny him the fullness of life that self sacrifice was meant to bring. Leave the 99 sheep behind to seek that one lost sheep and forgetting the nine coins in order to find the one which is lost. Giving up what we have – which we can’t keep – to find the greater gift given by God – which we can’t lose.

The devil seeks to stoke our egos, our self. Genesis 3:4 has the serpent saying to Eve

4 “You will not surely die,” the serpent said to the woman. 5 “For God knows that when you eat of it your eyes will be opened, and you will be like God, knowing good and evil.”

Elevating man to the status of God seems on the surface, to be fulfilling man’s “purpose” but in fact is the death knell that sees man separated from God. To truly live, the self is to first die.

To move forward, one is asked to first lay down himself to the extent of death. Jesus has shown us what this means. In John 12:23

23Jesus replied, “The hour has come for the Son of Man to be glorified. 24I tell you the truth, unless a kernel of wheat falls to the ground and dies, it remains only a single seed. But if it dies, it produces many seeds. 25The man who loves his life will lose it, while the man who hates his life in this world will keep it for eternal life.

We are asked to remember His death for our sake and to seek to forget ourselves and focus on Him. Let us embrace the Copernicus revolution and accept we are not at the centre of the universe – God is. Let us see things from the perspective of God’s Kingdom and His purpose for His Kingdom. For only then can we be one as His family, as He commanded us to be.

Back to work after 10 days off… the usual struggle to crank it all up again beckons. Officially it was only a 3-day leave but the result was a stretch of 10 days off work. It was bliss.

We went up to the Grampians for a couple of days, and brought the little black Jedi along. He was good and obviously enjoyed the adventure. At an arboretum in Dunkeld where we stayed, I walked him without a lead and he looked as happy as any dog could be. He’d wander off a few hundred meters away and every time he gets out of sight, I’d only have to call his name and he’d come running back to me. There was a lake surrounded by gorgeous trees against the backdrop of the mountains which make up the Grampians, which we could see from the veranda of our B&B. Walking Scruffy through the arboretum was such a soothing and de-stressing experience.

We got back in time to join a little party at Matt Ng’s home in Templestowe. It was a poolside BBQ and the 40degree heat was a big challenge but kiddo joined the other youngsters in the pool which must have been great. The rest of us were just eating and sipping cool drinks to cool off. Uncle Seng and Auntie Anne were back from Malaysia so it was good catching up with them. We got back a little after midnight.

New Year’s day was spent cleaning up to be ready for a dinner in our home. The Hii’s (Gerry and Jesslyn and little Sheanne) came over early to cook beef noodles (Singapore styled) and while waiting for the beef stock to slowly stew, we played cards and really enjoyed the day. Choy, Sharon and their kids came for dinner and we had a good time just talking and enjoying each other’s company.

On Sunday (2nd Jan) a few of us went out to lunch after church. There were 5 families and again, we had a really good time just talking. When we got back I mowed and tidied up the lawns. We trekked to PhillipIsland yesterday for a cruise to Seal Rocks to pay homage to the large Aussie Fur Seals. It was a beautiful day and we really enjoyed the afternoon. A dinner in a local Thai restaurant rounded off a really good break.

31/12 has come and gone hehe… Have a great New Year everyone and step down Najib Razak

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.