theSun | THURSDAY FEBRUARY 26 2009
news without borders
‘No to gutter politics’
by Giam Say Khoon
newsdesk@thesundaily.com
KUALA LUMPUR: Parti Keadilan
Rakyat Wanita yesterday launched
a “No to Gutter Politics” campaign
to raise public awareness of the
need to take a stand against such
“culture” following the recent
exposure of semi-nude photos of
Selangor executive councillor Eliza-
beth Wong.
Its chairman Zuraida Kamarud-
din said the media had been used
as a platform to sensationalise the
private lives of politicians, both men
and women, holding public office.
“Without us realising it, we are
dragged into a ‘culture’ called gutter
politics,” she said at the Parliament
lobby yesterday.
Zuraida, who is also Ampang MP,
said the women of PKR viewed the
sudden surge of gutter politics as
an imminent threat to the country’s
political culture as it undermines
its civility
Judge recuses
himself from
Nizar case
by Tan Yi Liang
newsdesk@thesundaily.com
KUALA LUMPUR: Judicial Com-
missioner (JC) Mohamad Ariff Md
Yusof decided yesterday to recuse
himself from hearing an applica-
tion by Datuk Seri Mohammad
Nizar Jamaluddin to challenge
Datuk Dr Zambry Abdul Kadir’s
appointment as Perak mentri
besar.
Ariff’s decision was based on
his past political affiliations. He
was a PAS member and contested
in the 2004 general election on a
PAS ticket.
“The primary concern must be
that justice must not only be done
but manifestly seen to be done.
My sitting has caused problems,
whether rightly or wrongly. In the
overall circumstances, I find it best
that I recuse myself from hearing
this case,” said Ariff (pix), who had
heard submissions on his recusal
on Monday from both lead defence
counsel Sulaiman Abdullah and
Senior Federal Counsel Datuk
Kamaluddin Mat Said.
“Both sides had convincing
arguments. Both agreed that the
test that should be applied would
PR reps say they were offered
money to become independents
by Humayun Kabir
newsdesk@thesundaily.com
IPOH: Two Perak state assembly-
men yesterday lodged complaints
with the Malaysian Anti-Corrup-
tion Commission (MACC) alleg-
ing that they were offered bribes
to leave their parties.
Parti Keadilan Rakyat’s Yunus
Jamsari (Kuala Kurau) and DAP’s
K. Keshvinder Singh (Malim
Nawar) arrived at the MACC of-
and the non-partisan and demo-
cratic participation of the people of
Malaysia.
“We condemn all forms of dirty
politics such as insinuation and abuse
of information obtained to attack the
privacy, reputation, family and home
of any person holding public office,
especially female politicians.
“Gutter politics cause irreparable
damage and deprivation of human
dignity, especially when the target
is a female politician.”
She said such politics was a clear
violation of Article 12 of the Univer-
sal Declaration of Human Rights that
no one shall be subjected to attacks
upon his honour and reputation.
“We call upon the government
to enact laws or to amend existing
laws to protect the privacy sphere
of the people. Stern penalty must
be imposed on those who violate
the right to privacy,” she said, adding
that a nationwide roadshow to ex-
plain gutter politics to
be one of the real danger of bias
and that it should be decided
objectively,” he said, adding that
the application of the test was one
of “pragmatic difficulty”.
“The pragmatic problem is
how a judge or judicial commis-
sioner in my position is to decide
objectively that there is a real
danger or possibility of bias if I
am to continue hearing this case.
Being objective means I should
opt in favour of the presumption
that my oath and constitutional
duty requires me to discharge
my duties impartially,” Ariff said
in summing up Monday’s argu-
ments.
“Datuk Kamaluddin had
advised me of the attorney-gen-
eral’s view that it is a matter of
public debate whether I can be
impartial, and to maintain the
public standard of confidence in
the judiciary, it is only appropriate
that I recuse myself.
“The test of whether a real
danger of bias exists has not been
satisfied. Also, it was said that I
can sit, and must sit as a matter
of constitutional principle, and
recusal will invite unwarranted
comments regarding the judiciary
fice separately.
Yunus told a press conference
before lodging the report that
he was offered several million
ringgit, position and concessions
if he became an independent.
He claimed that the approaches
started soon after the March 8
general election last year and
intensified just before Chinese
New Year (CNY) last month.
Yunus lodged his complaint at
10.47am and left at 3pm.
the people will begin in Kedah.
Asked if the party would
push for a privacy law, PKR
information chief and Batu
MP Tian Chua said that with
the advent of communication
technology, the party would
study the possibility of enacting
such a law.
On whether PKR Wanita
would also back MCA deputy
president Datuk Seri Dr Chua
Soi Lek, whose sex scandal
was made into a DVD last year,
Zuraida said support would be
rendered to any victim of gutter
politics, regardless which political
party the victim came from.
Chua was called in by police on
Monday to facilitate investigations
against him for allegedly perform-
ing unnatural sex, after a police
report was lodged by a business-
man who received the DVD a year
after the incident.
and send the wrong
message that I
cannot decide on
the matter objec-
tively.”
Reiterating
his words last
week, he said:
“I have been ac-
tively involved
in PAS and PKR
as an adviser
and counsel, been
a member of PAS
with party positions
at branch, division and
state levels, and contested
in the 2004 general election for
a state constituency as a PAS
candidate.
“I made my position plain and
invited the parties to submit on
this issue, stating that I would be
willing to hear the case if all par-
ties had no objection.”
Objections were raised by
Kamaluddin and Perak state legal
adviser Datuk Ahmad Kamal
Mohd Shahid.
“For clarity and avoidance of
doubt and unnecessary specula-
tion, I state that I am no longer
a member of any political party
and tendered my resignation from
PAS before accepting the position
of JC,” Ariff said.
He said his past involvement
reflected his political choice as a
citizen and should not impact his
judgment.
“It should not have an immedi-
ate bearing on my impartiality as
a JC in hearing this case, since all
judges and JCs are duty bound to
discharge their functions justly
and impartially and to uphold the
Constitution,” he said, slamming
criticisms in the mainstream
media and blogs.
“It will be a sorry day for the
judiciary if the external conduct
of judges has to be conditioned
by these external factors, since it
will fetter the independence of the
judiciary.”
Keshvinder Singh later told
reporters he was approached
before CNY by a freelance reporter
who told him to name a price. He
alleged that an offer of money and
position was made.
Keshvinder Singh said he
was told the money would be
deposited in an overseas bank
account and his family could have
a three-month holiday abroad
while any resulting political
tension subsided.
3
PKR Youth protest
outside MACC HQ
by Tim Leonard and Charles Ramendran
newsdesk@thesundaily.com
PUTRAJAYA: Parti Keadilan Rakyat members staged two protests
– one by burning copies of reports on corruption and another by
displaying a calf on a lorry – against the Malaysian Anti-Corruption
Commission (MACC).
In the first protest by PKR Youth outside the commission’s head-
quarters at 11am, 100 people led by PKR supreme council member
Badrul Hisham Shaharin produced boxes of documents and copies
of reports lodged with the MACC since 1990 and burned these at
the entrance to the commission.
They also burnt an enlarged photograph of MACC chief Datuk
Seri Ahmad Said Hamdan as well as the commission’s logo. At this
juncture, Department of Environment officers threatened to cite the
protesters for open burning if they continued.
Badrul then walked into the MACC headquarters to hand a
“death certificate” to a member of the commission’s staff. “This
symbolically shows that the MACC must be buried because it has
been manipulated and used by Barisan Nasional politicians to ‘frame’
opposition leaders. We believe the MACC has become a tool of the
BN,” he said.
He said the MACC should act on all complaints and not show
bias in its investigations, expressing disappointment at Ahmad Said’s
statement last week that MACC had “good and strong evidence” that
Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim had misused his
powers over the maintenance of his personal vehicle and distribu-
tion of 46 cows for Aidiladha.
In Shah Alam about 2pm, 120 PKR Youth members gathered
opposite Plaza Masalam in Section 9, where the state MACC office
is located, carrying banners and placards denouncing Ahmad Said’s
disclosure. About half an hour later a small lorry carrying a calf ar-
rived, drawing the attention of dozens of passers-by.
“PKR Youth is conveying a message to them (MACC) not to con-
tinue to behave like a tamed cow of Umno’s,” Youth chief Shamsul
Iskandar Mohd Akin said.
“They should be professional and practise impartial-
ity, and not make baseless claims. The MACC does not stand for
Malaysian Agency of Cows and Cars, it should be an institution of
the highest integrity,” he said.
Shah Alam police chief ACP Nor Azam said police did not allow
the calf to be brought out of the lorry, fearing it could pose a hazard
to the public should it run loose.
In Petaling Jaya, Puchong MP Gobind Singh
Deo said in a state-
ment that the
MACC should
stop making
statements
on the Khalid
investigation.
“Section 29
(4) of the Ma-
laysian Anti-
Corruption
Commission
Act 2008 does
not empower
the MACC chief
to comment
publicly on in-
vestigations and
p r o s e c u t i o n s.
Any public opin-
ion expressed by
the MACC in such
circumstances
would be embar-
rassing and also
reflect poorly on
it,” he said.
Gobind Singh
said all comments
on the case should
be left to the at-
torney-general, in
whom the power
of prosecution was
PKR Youth vested.
members
arrive to
present a
calf to the
Khaild wants individual to clarify
Selangor
MACC in
irregularities in Mecca deals
Shah Alam SHAH ALAM: Mentri Besar Tan Sri other parties. Among the transac-
yesterday. Abdul Khalid Ibrahim yesterday re- tions, we found the irregularities.”
vealed that his predecessor Datuk
Seri Dr Mohamad Khir Toyo was
He said Khir Toyo had worked
with the individual and signed
linked to property deals in Mecca
between a state-owned company
and an individual.
documents without the PNSB’s
board’s approval.
Asked if he would approach the
He said the state government MACC for action, Khalid said: “We
wants the individual to come do not like to make allegations.
forward to clarify irregularities un- We prefer the individual to come
covered when Permodalan Negeri forward first.”
Selangor Berhad’s (PNSB) Saudi Khalid also said the purchases
property purchase was audited. were made in ringgit when they
“We want the individual to should have been in riyals.
come forward first before we pro- On Tuesday, the MB’s Office in a
ceed to the next step,” he said, but statement highlighted discrepan-
refused to identify the person. cies in the purchase of 12 apart-
“There were various internal ments by PNSB in 2007 for RM25.6
transactions to purchase the million. Seven units were sold to
apartments and to resell them to the individual for RM17.2 million.