Discreet Crusaders In Our Mist

This article nearly slipped by me. It seemed there is an unwritten official mandate (by god knows where or who) apart from the already quota system of the NEP in business, education and civil services. Sports too over the years have had some ‘moderation’ process being carried out to be in line with the country’s policies.

What got my attention to this article was that the particular person in this case declared that he have a mandate, presumably by his own initiative from the facts of the case, altered the CLP examinations percentages of passes to adhere to a quota system of 30% for bumiputras.

I dread to think in time to come, what will be the quality of our lawyers if such a thing was not detected and curbed. The Malaysian Legal Profession Qualifying Board took the correct measures to bring the case to court for forgery and cheating even though it appears that no monetary gain is involved.

But there’s still this lingering doubt in me about other profession in the services requiring public trust, integrity and professionalism – doctors, teachers, coaches, company directors in GLC’s, architects, engineers, accountants, etc, etc. One wonders as to what extend such a practise is put in place within the professions and system in the market. It's no longer the best person wins.


Ex-CLP exam director had no right to change marks, court heard
The Star by M. Mageswari

KUALA LUMPUR: Former Certificate in Legal Practice (CLP) examination director Khalid Yusoff had no lawful authority to alter the marks in July 2001 CLP examination master list, a High Court heard.

Lead prosecutor DPP Raja Rozela Raja Toran submitted that Malaysian Legal Profession Qualifying Board never gave Khalid a “blank cheque” to do whatever he wanted although “moderation” of the CLP result was an accepted practice.

“Although there are no rules on how to conduct the CLP examination, what has to be borne in his mind is that the qualifying board is the appellant’s (Khalid) employer and he is answerable to his employer.

“If there is no guideline or written law, he should have gone back to the board to seek guidance. It is a natural thing to do. He has been an academician for a long time and should know what to do,” she argued in an appeal by Khalid against his conviction and sentence.

She argued that a typist had testified that Khalid had given instructions to make alteration to the master list.

Khalid, 57, a former law school dean at UiTM, was jailed three months for forgery and cheating in the July 2001 CLP examination “master list”.

Sessions Court judge Harmindar Singh Dhaliwal who found Khalid guilty of the two charges on July 24, 2007 ordered Khalid to serve three months’ jail for each charge. The sentences are to run concurrently from date of sentence on July 31.

On the first charge, Khalid, was said to have forged the master list with the intention of using it for cheating at the board’s office on the 27th floor, Menara Tun Razak between August 2001 and Sept 13, 2001.

He allegedly cheated the board by deceiving it into believing that the July 2001 CLP examination results reflected the actual marks given by the examiners and induced it into endorsing the master list.

DPP Raja Rozela submitted that Khalid ignored a scheme of marking and grading for CLP examination papers and upgraded marks for some CLP candidates beyond the existing guideline.

“He gave a pass to certain candidates without approval of the board when they did not qualify to be legal practitioners."

“The appellant told the board in late November that he was mandated to help Bumiputra candidates and to maintain the pass percentage of CLP examination at 30%."

That is the reason that he altered the marks but that policy was not adopted by the board,” she argued.

She argued that the trial judge was not misdirected when he convicted Khalid due to established facts in the case.

However, lawyer Akbardin Abd Kadir contended that the trial judge erred in law when he called Khalid, who led a review committee, to enter defence on both charges.

Akbardin argued that it was a three-men review committee’s collective decision to do the moderation over the marks and that the two committee members had acknowleged that the committee, which met on Sept 11, 2001, had carried out its duties in good faith.

“The trial judge failed to realise that the appellant had never even had a work manual detailing his duties.

If such a document existed, and it specified that he had a duty to inform the board of the moderation process, only then is there a legal duty to inform the board of the moderation,” he argued.

Akbardin submitted that the trial judge also erred in law when he failed to direct his mind to the fact that the then chairman of the qualifying board, the late Tan Sri Mohtar Abdullah was well aware of the moderation process.

Besides, he said that Mohtar’s witness statement tendered to court by the prosecution clearly absolved Khalid of any wrongdoing.

He argued that the investigating officer had also testified that he did not find any motive of money consideration against Khalid.

Judicial Commissioner Zainal Azman Ab. Aziz set April 20 for continuation of the hearing of the appeal.

Let's See How

While the nation braces itself for 3 by-elections in Bukit Gantang (P59), Bukit Selambau (P25) and Batang Ai (P29), voting day on 7 April just one week away, we should expect a lot of news and worms dug out from here on. Campaigning here in Malaysia since the GE12 2008 have become the dirtiest ever since the opposition snatched the two third majority from BN. And I wouldn’t be surprise these three will be any different, judging from the last two by-elections, Permatang Pauh and Kuala Terengganu.

Perhaps I can conclude that the opposition now had become much wiser or even smarter to thwart any plans by BN and the aggressive band of bloggers the likes of Haris, Din, Zorro, Delcapo and not forgetting RPK whom goes to ground zero with up to date events and news about the going-ons as the day goes by. Batang Ai in particular, these bloggers have made a pack with Sarawak bloggers and a thrust between them seem to have established on the objectives and coverage.

Lately, I have been shying a bit more from blogging and cruising the blogs what with so much work in the office going on and an uncertainty of the company I’m working for that I needed some relaxation just to move myself from the screen when I’m at home to break the static feel of it. With a son in his first year at primary school, sleeping and getting up early habits need to be instilled in the whole family.

I hope, we’re all in good hands.

Side Dishes We Didn't Paid For

Working in the corporate sector, I’ve seen and observed (right in front of me) abuses of authority many times over. Some harmless, some one off, some for favour out of friendship or future contracts with no serious aftermath, and there are those that have dire consequences cleverly masked with rhetoric and almost frenzy justifications.

But compare to government sector, private enterprises do not suffer the backlash of the people since it is an individual or entity owned with their personal asset and money being utilized for one to keep in competition with the industry demands.

Government services are funded by the people’s money. Thru taxes, duties and a revolving trade among and between the country’s projects and policies including at global level. A political party, elected by it’s people and majority to stay in power to serve the country, does not mean access to government departments for the intention of the party’s agenda other than streamlining it’s services to be in line with nation building and welfare.

When a party uses the resources of government services for it’s own objective and not the country’s, isn’t this an abuse of authority and making the people pay for services which do not go back to the overall well being of the masses and the economy in general?

Khalid Samad was right to say that the BN members of parliament lack any or non at all the respect for the system and workings of democracy.


The new role of the SPR
By Khalid Samad (The Malaysian Insider)

MARCH 24 - Heard about the new role being played by the SPR in Selangor? They have now become part of a committee formed under the PM's Department responsible for the implementation of a program called 'people centric'. This programme has, as its objective, the upliftment of BN's image in the eyes of the public and the battering of the image of the PR.

This is then to lead to the defeat of the PR government in Selangor in the next General Election. The activities which are being planned in relation to this program is to be financed by Federal funds!

If this does not constitute misuse of public funds, I do not know what does!

When the Minister in charge of the ICU (Implementation Coordination Unit) under the PMs department, being the unit responsible for the implementation of this programme, was queried about the matter in the Parliament, he refused to respond. He neither denied nor acknowledged the allegation nor was he the least embarrassed about its disclosure.

In fact, there were those from the BN who even responded by asking, "What is wrong with it?"

When such blatant misuse of power happens and is then defended, one wonders if the BN members of Parliament have any understanding what a Democracy is all about. It would come as no surprise if the answer to that question is a straight forward 'no'. They have no understanding nor any respect for the system and will be willing to stifle or cripple the system in order for them to survive.

In the Dewan Undangan Negeri Selangor, I was told, a BN ADUN responded by saying, "What's the problem? You have been surpressed all this while before and you still won. So, surely now, while in power, you can face this challenge with no problems". Talk about dumb.

There were other BN MPs who simply asked out loud, "where did you get that document? Pass it to me. You should be charged under the OSA!" Yes, the OSA. Another act to protect and cover their misuse of power.

The SPR being the independent Commission responsible for a fair election cannot be a party to such a program. The fact that it sits in the committee which works for the down fall of the PR government in Selangor only adds legitimacy to the fear that the next General Election will be the most crooked in Malaysian history. As if it was not bad enough already!

This means that there will be no short cuts to victory next time around. In 2008 the BN was complacent. They never realised the mood of the rakyat and they allowed for a semi-tainted election process.

This time around they are completely aware of their poor chances and the need for a completely tainted election process. Nothing short of an over whelming support from the rakyat will nullify and neutralise the dirty tactics which they will have in store for us.

That is why we have to work hard. Harder than ever before. Harder than when we were in the opposition. As the cards are stacked against us and the dices doctored, I estimate that nothing less than a clear 60 per cent voter support will be able to see us through this time around. The BN will have at least a 10 per cent advantage from the word go.

An advantage due to the phantom voters or 'pengundi hantu' who will be registered as legitimate voters, compliments of the SPR.

A fitting strategy for a dying political entity.

A Select Few For The Masses

In simple reasoning, a ruling party gets to elect a candidate from their party to be the country's Prime Minister to represent the entire nation. Eventhough idealogy, objectives and concept defers from the rest of the general population. Alignment of political parties is one way to stay in power and ensured the message of survivalist goes thru its course for the duration of any given agenda.

.

They must represent all Malaysians
By SHERIDAN MAHAVERA, The New Straits Times

Some 2,500 people will converge on the Putra World Trade Centre from Wednesday to choose, among others, Malaysia's next deputy prime minister. SHERIDAN MAHAVERA argues that the unwise use of such power can have tragic consequences for Umno.

A POLITICAL scientist once said that the real Malaysian election was not that nationwide exercise that we go through every five years but the triennial Umno polls.

This pre-2008 perception assumed that Barisan Nasional's monopoly of the Federal Government would continue unchallenged after every general election, and the top cabinet posts would be held by Umno leaders.

The posts of not just the prime minister but the ministers of education, finance, defence, foreign affairs, international trade and home affairs, for instance, will be determined by the delegates at Umno's electoral assembly.

This has been "how things are done in Malaysia" since Umno's first assembly in 1946. But since the 12th general election, the nation's altered political landscape is demanding that this arrangement be challenged.

A gulf is emerging between what the public and BN components want to see emerge from the assembly, and what Umno delegates want.

BN and some senior Umno leaders themselves worry that, if left to their own devices, delegates would vote in "likeable" leaders who do not necessarily inspire confidence in public.

Worse still would be for meritorious and substantial leaders to be overlooked because they lack pubic relations skills, in favour of those who are personable and who "take care" of the delegates.

The public has heard Umno presidents talk about how the party must represent all Malaysians, and cringed the very next day as other party seniors tell critical non-Malays to shut up.

The New Sunday Times asked several leaders of BN component parties what they thought of the race for Umno's top posts. While they were prepared to reveal their preferences for candidates, they were adamant about not being identified. Component parties are not supposed to interfere with the internal affairs of their partners.

In a Merdeka Centre survey, 79 per cent of voters felt that the opinions of ordinary Malaysians should be taken into consideration by Umno delegates.

Said one BN component leader: "The speeches in the assembly and who gets chosen is important because at the end of the day, we have to go down to the ground and explain to our members and community about what went on."

The 2006 assembly, for instance, with its fiery, chauvinistic speeches about how non-Malays should accept their lot, would only be popular with delegates and no one else.

The unsheathing of the kris at Umno Youth's assembly that year left such a foul impression on the minds of the non-Malay public, whose votes were crucial to the BN components, that many of these parties lost support in the 12th general election.

The stakes are even higher this year, as the BN is contesting three by-elections a week after the assembly.

Although much of the focus in the Umno assembly is on the candidates, another BN leader says what mattered most was the party's ideological bent as a whole. "What these leaders say after they get elected is crucial. If they continue to shout about 'ketuanan Melayu' (Malay supremacy) rather than stress multiracialism, we will suffer in the 13th general election."

Jingoism is not new in Umno assemblies, where delegates make little effort to tone down their Malays-first rhetoric, even when it rankles their BN partners. The 12th general election -- and Pakatan Rakyat's more attractive ethnic integration message -- put a stop to that.

Another BN leader opined that an ideology is only as good as the leaders who espouse it. The public has heard Umno presidents talk about how the party must represent all Malaysians, and cringed the very next day as other party seniors tell critical non-Malays to shut up.

Also, not all candidates are equal in image and public perception. In the Merdeka Centre poll, respondents said they wanted Tan Sri Muhyiddin Yassin as the new deputy and chose Datuk Seri Hishammuddin Hussein, Datuk Seri Ahmad Zahid Hamidi and Datuk Seri Dr Rais Yatim as the party's three vice-presidents.

They also chose Datuk Mukhriz Mahathir and Datuk Seri Shahrizat Abdul Jalil to head the Umno Youth and Wanita wings respectively.

However, ground reports suggest that at this time of writing, only two of these individuals are leading in their races.

There is a very real possibility that Malaysians will be getting a cabinet of leaders who do not inspire much confidence in them.

A Kedah Umno delegate, however, cautions against prejudging outcomes this early in the race -- and of underestimating delegates' ability to assess the candidates.

"I have been all over the country and spoken to delegates from many states about how they are voting," he says. "Just because a supreme council candidate is very friendly with us does not mean that we will be swayed by him. We know how to look beyond such things and we do consider factors like how a candidate is accepted by the public."

As the days wind down to the assembly, who will eventually win is still an open question. The dynamics of these elections can shift among candidates in the last moments, such as in 2004.

There is also the question of how Datuk Seri Mohd Ali Rustam's supporters will vote now that the Malacca chief minister is out of the race.

In the end, says party supreme council member Datuk Shahrir Samad, whatever the delegates decide, the real power is with the people.

"If Umno chooses a president or deputy president, and by extension a prime minister and deputy prime minister, whom the rakyat don't like, the rakyat will kick out Umno at the next general election."