MH370 pilot was political fanatic?

Police are investigating the possibility that the pilot of missing Flight MH370 hijacked his own aircraft in a bizarre political protest.

The Mail on Sunday has learned that Captain Zaharie Ahmad Shah was an ‘obsessive’ supporter of Malaysia’s opposition leader, Anwar Ibrahim. And hours before the doomed flight left Kuala Lumpur it is understood 53-year-old Shah attended a controversial trial in which Ibrahim was jailed for five years.

Campaigners say the politician, the key challenger to Malaysia’s ruling party, was the victim of a long-running smear campaign and had faced trumped-up charges.

Police sources have confirmed that Shah was a vocal political activist – and fear that the court decision left him profoundly upset. It was against this background that, seven hours later, he took control of a Boeing 777-200 bound for Beijing and carrying 238 passengers and crew.

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Sudden ascent and dive points to cockpit takeover

The final picture: The missing jet is pictured here in February this year above Polish airspace

Yesterday, Malaysian police searched his house in the upmarket Kuala Lumpur suburb of Shah Alam, where he had installed a home-made flight simulator. But this newspaper can reveal that investigators had already spent much of last week examining two laptops removed from Shah’s home. One is believed to contain data from the simulator

Confirming rising fears, Malaysia’s prime minister Najib Razak announced yesterday that MH370 was deliberately steered off course after its communication system was switched off. He said it headed west over the Malaysian seaboard and could have flown for another seven hours on its fuel reserves.

It is not yet clear where the plane was taken, however Mr Razak said the most recent satellite data suggests the plane could have been making for one of two possible flight corridors. The search, involving 43 ships and 58 aircraft from 15 countries, switched from the South China Sea to the Bay of Bengal in the Indian Ocean. 

In another dramatic twist early Sunday Indian officials however, said the search was on hold until 'fresh search areas' were defined by Malaysia. It is unclear what the reason was for the delay. 

Data showing the number of plausible runways where the plane could have touched down - which need to be at least 5,000ft - offer a baffling number of potential locations.

More...

• Satellite data shows hijacked MH370 was last seen flying towards Pakistan OR Indian Ocean as investigators search pilots' luxury homes and reveal one had home-made flight simulator
• Pilots who were flying missing Malaysian jet under police investigation amid fears the plane was hijacked by people with aviation training
• U.S. says missing Malaysian jet could be 'act of PIRACY': Evidence shows plane changed direction and climbed thousands of feet 'under command of a pilot' after tracking devices were manually disabled

According to a map drawn up by U.S. radio station WNYC, there are 634 locations which could fit, from Australia to the Maldives to Pakistan.

However, the true number is likely to be even higher, as estimates of how far the plane could have travelled have been increased since the calculations were carried out.

US investigators say faint ‘pings’ were being transmitted for several hours after the flight lost contact with the ground. 

Meanwhile, military radar showed the jet climbed to 45,000ft – above its service limit – which could have been a deliberate attempt to knock out the passengers and crew.

Anwar Ibrahim is a broadly popular democracy icon and former deputy prime minister whose prosecution on a charge of sodomy is seen by many Malaysians as political persecution.

Investigation: Pilot Zaharie Ahmad Shah, left, was a political activist who attended a tense trial on the day of the flight, investigators believe. He was flying service MH370 alongside Fariq Abdul Hamid, right, from whom investigators have been keen to deflect suspicion

Jailed: Malaysian opposition leader Anwar Ibrahim leaving court in Putrajaya on March 7

Hunt: Investigators have riaded the houses of both pilots. Pictured is where co-pilot Hamid lives in an upmarket Kuala Lumpur suburb

The raids on Captain Shah’s home appeared stage-managed as a display of intent after the Prime Minister said the focus of the investigation was now on ‘crew and passengers’ as a result of the latest leads.

But investigators have told the Mail on Sunday inquiries into the background of the pilot actually began days earlier.

Malaysian police, helped by FBI agents from the US, are looking into the political and religious backgrounds of both Zaharie and his co-pilot. Zaharie’s home was sealed off yesterday as police spent an hour inside.

However, a senior investigation source said two laptops were taken from the property in low-key visits by police early last week despite a series of denials by officials that his home had been searched or raided.

One laptop taken away is thought to contain data from the flight simulator while a second contained little information. Zaharie’s personal laptop was not found, and is thought to have been with him in the cockpit of the plane, the source said.

Zaharie’s co-workers have told investigators the veteran pilot was a social activist who was vocal and fervent in his support of Ibrahim.

‘Colleagues made it clear to us that he was someone who held strong political beliefs and was strident in his support for Anwar Ibrahim,’ another investigation source said. ‘We were told by one colleague he was obsessed with politics.’

In their interviews, colleagues said Zaharie told them he planned to attend the court case involving Anwar on March 7, just hours before the Beijing flight, but investigators had not yet been able to confirm if he was among the crowd of Anwar supporters at court.

Zaharie is believed to be separated or divorced from his wife although they share the same house, close to Kuala Lumpur’s international airport. They have three children, but no family members were at home yesterday: only the maid has remained there.

JAILED FOR FIVE YEARS: MALAYSIA'S OPPOSITION LEADER

Anwar Ibrahim is a broadly popular democracy icon and former deputy prime minister whose prosecution on a charge of sodomy is seen by many Malaysians as political persecution.

Campaigners say the politician, the key challenger to Malaysia’s ruling party, was the victim of a long-running smear campaign and had faced trumped-up charges.

Captain Shah, who is thought to have attended the trial in Putrajaya hours before flying, is thought to be incensed by the verdict.

Co-workers have told investigators the veteran pilot was a social activist who was vocal and fervent in his support of Ibrahim.

Investigators said: ‘We are looking into the theory that Zaharie’s political beliefs may be a factor. There are huge sensitivities surrounding this but we cannot afford not to pursue any angle brought to our attention.’

In the days after Flight MH370 disappeared, Zaharie was affectionately described as a good neighbour and an eccentric ‘geek’ who had a flight simulator at home simply because he loved his work so much.

Malaysian officials initially appeared keen not to direct any suspicion towards Zaharie or his co-pilot, 27-year-old Fariq Abdul Hamid, who was last week revealed to have invited two women passengers into the cockpit and smoked on an earlier flight to Phuket.

But evidence of the way the plane’s transponder and communication systems were disabled and the way the plane was expertly flown over the Indian Ocean apparently using navigational waypoints meant only a skilled aviator could have been at the controls. Investigators were also baffled by why, if hijackers took over the plane, there was no Mayday call or signal from the two pilots to say the cockpit had been breached.

At yesterday’s press conference, the suspicion over the pilot’s involvement mounted as prime minister Najib Razak said that investigators had found ‘deliberate action’ on board the plane resulted in it changing course and losing contact with ground crews.

As a result of the new information, Malaysian authorities had ‘refocused their investigation on crew and passengers aboard’, he said. Police sealed off the area surrounding Zaharie’s home and searched the house shortly after the press conference.

Mr Razak said the new satellite evidence shows ‘with a high degree of certainty’ that the one of the jet’s communications devices – the Aircraft and Communications Addressing and Reporting System  was disabled just before it had reached the east coast of Malaysia. ACARS is a service that allows computers aboard the plane to relay in-flight information about the health of its systems back to the ground.

Shortly afterwards, near the cross-over point between Malaysian and Vietnamese air traffic controllers, the plane’s transponder, which emits an identifying signal, was switched off or, less likely, failed.

According to a military radar, the aircraft then turned and flew back over Malaysia before heading in a north-west direction.

On board: Student Firman Siregar, pictured centre with his family, was one of the 239 aboard Flight MH370

Multinational: Indonesian rescue personnel join in the search for the missing plane

Search: Investigators from countries around the world have been scouring the oceans

A satellite was able to pick up a ‘ping’ from the plane until 08:11 local time, more than seven hours after it lost radar contact, although it was unable to give a precise location. Mr Razak went on to say that based on this new data, investigators ‘have determined the plane’s last communication with a satellite was in one of two possible corridors – north from the border of Kazakhstan and Turkmenistan through to northern Thailand, and south from Indonesia to the southern Indian Ocean.

If as suspected the plane was diverted into the Indian Ocean, the task of the search teams becomes more difficult, as there are hundreds of uninhabited islands and the water reaches depths of around 23,000ft.

Countries in the plane’s potential flightpath have now joined a huge effort to locate the missing passengers, but China described the revelation as ‘painfully belated’. And FBI investigators say the disappearance of MH370 may have been ‘an act of piracy’ and that the possibility that its hundreds of passengers are being held at an unknown location has not been ruled out.

Meanwhile, leading aviation lawyer James Healy–Pratt, who is helping relatives, said Malaysian Airlines had declined to buy Boeing’s Airplane Health Management system, which monitors systems in real time and could have alerted it to any potential problems, rather than having to recover a black box. 

‘If the transponder was manually disabled then one can only hope that the black boxes were not also manually disabled,’ he said. ‘Otherwise, the truth will never be known.’

The revelations about Zaharie’s political affiliations are highly sensitive in a country where political dirty tricks are widespread.

One of the investigation sources said: ‘We are looking into the theory that Zaharie’s political beliefs may be a factor. There are huge sensitivities surrounding this but we cannot afford not to pursue any angle brought to our attention.’

Separately, a police source told the Mail on Sunday: ‘I can confirm our investigations include the political and religious leanings of both pilots.’

Zaharie joined Malaysia  Airlines in 1981. He became a captain about ten years later  and has clocked up 18,360 hours of flying experience.

Read more: http://www.dailymail.co.uk/news/article-2581817/Doomed-airliner-pilot-political-fanatic-Hours-taking-control-flight-MH370-attended-trial-jailed-opposition-leader-sodomite.html#ixzz2w7YgUEpc
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- Sources: The Daily Mail UK

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Anwar is a US tool? Malaysian election fever

Dr Chandra: He will change foreign policy

PETALING JAYA: Bilateral relations between Malaysia and China will be jeapordised if Datuk Seri Anwar Ibrahim becomes the next prime minister.

Former PKR deputy president Dr Chandra Muzaffar said Anwar, who has always been considered a US ally would surely change Malaysia's foreign policy towards China due to his close ties with the US.

“Even Prime Minister Datuk Seri Najib Tun Razak is considered as only a friend' of the US, not an ally.

“It is because Najib is consistently forging close ties with the Chinese government,” he said yesterday.

Dr Chandra explained that Najib had always maintained close bilateral ties with China, especially in terms of the country's foreign policy.

“The conservative lobbyists in the US are not happy with Najib's attempts to strengthen ties with China,” he said.

Dr Chandra also highlighted that Anwar was among the members of an international delegation, who opposed the Olympics being held in Beijing in 2008.

“Prior to 2008, Anwar joined campaigners from the US and other countries, opposing China from staging the games,” he said.

Meanwhile, at a forum organised by the Majlis Perundingan Melayu (MPM Malay Consultative Council) last Friday, Dr Chandra, urged the Chinese not to allow themselves to be tricked by Anwar who was not honest in fighting for the community.

“If the Chinese are still hoping that Anwar will fight for their cause that would be their biggest mistake.

“Anwar is a US tool, and if he becomes the Prime Minister, the good relationship between Malaysia and China will be over,” he said.

The Star/Asia News Network

Learn more about Malaysian new Assembly Act

Previously, everything was prohibited unless permitted. Now everything is permitted unless prohibited. This is a significant shift in civil rights thinking.

IN early legal systems, the primary end of the law was to keep the peace. In modern legal orders, a just balance between the might of the state and the rights of the citizens is attempted. No field better exemplifies the difficulty of achieving this fair balance than Malaysia’s law relating to assembly and procession.

The recently enacted Peaceful Assembly Act 2012 has received much criticism in the media and deserves scrutiny of its high and low points.

Police permit: Previously under Sections 27 of the Police Act, citizens had to apply for a police permit for gatherings or processions of more than three people.

Under the new Act, there is no requirement for a police permit, but organisers of assemblies must notify the authorities 10 days in advance under Section 9(1). No notice is required for meetings in designated places or if the assembly is an exempted assembly.

If in response to a notification the police do nothing, then under Section 14(2) silence is deemed as consent.

Previously, everything was prohibited unless permitted. Now everything is permitted unless prohibited. This is a significant shift in civil rights thinking.

No power to ban: Under the Police Act, assemblies and processions could be prohibited outright or conditions imposed.

The new Act in Section 15 permits the OCPD to impose significant restrictions and conditions including the date, time and place of the assembly. However, there is no power to issue an outright “No” before the assembly takes place.

Time limits: Just as citizens are required to give advance notification of 10 days, the police response must also be communicated within a stated time limit of five days: Section 14(1). An appeal to the Home Minis­ter must be decided within 48 hours: Section 16(2).

Designated places: The Act permits the minister to designate places where assemblies may be held without notification to the police. Critics have charged that this is an attempt to isolate Opposition gatherings in distant and low-impact places.

This is an overly cynical view. Actually it is a good idea to designate some fields, stadiums and Speakers’ Corners for public assemblies.

What would be improper is if the owners of designated places indulged in the selective granting or refusal of permission. If this happens, judicial review is likely on the (Article 8) principle of equality or the administrative law principles of reasonableness, irrationality or abuse of power.

Exempted assemblies: This Act does not apply to election campaigns, strikes, lock-outs and pickets under the Industrial Relations Act and the Trade Union Act: Section 1(3).

It is also inapplicable to religious assemblies, funeral processions, weddings, open houses, family get-togethers, family days and meetings of societies or associations: Third Schedule Paragraph 9(2)(b).

The words “meetings of societies and associations” are very broad and permit vast possibilities.
Right to object: All persons likely to be affected by a proposed assembly have a right to be informed and to raise objections. In principle this is acceptable.

However, there is a perception that the police may pander to extremist groups; subordinate minority rights to majority concerns, and discourage lawful but unpopular assemblies. This perception needs to be proved wrong.

Judicial review: Mercifully, the Act has no ouster clauses for excluding judicial review.

Counter-assemblies: The Act takes admirable note of counter- and simultaneous assemblies, and seeks to regulate them by giving preference to the assembly first in place. It also provides for alternative sites, times and dates for the counter- or simultaneous assembly or assemblies.

Spontaneous gatherings: These are not contemplated by the law and are presumably not illegal.

Involuntary presence: The definition of “participant” leaves out anyone who is unintentionally or involuntarily present at an assembly. This will be a useful defence to a citizen who is the subject of a prosecution.

Despite the above wholesome features, the reformed law still bristles with some controversial provisions.
Street protests: These are a form of assembly in motion, a procession or a demonstration. They were permitted (within limits) subject to regulation under Section 27 of the Police Act, but are now absolutely banned.

Other ambiguous aspects of the law are that a street protest by definition involves “walking in a mass march or rally.” So if there is no walking but a motorcade of cars or bikes, that will not be caught by this law and the authorities may have to use Section 268 of the Penal Code or some provision in the Road Traffic Act 1987.

Further, although “street protests” are banned, the Act refers here and there to “processions” and “assemblies in motion.” One has to struggle to understand the distinction bet­ween a lawful procession and an unlawful street protest.

Police discretion: Under the Police Act, police discretion to grant or withhold a permit was more or less unfettered and the power to impose conditions was very wide, although subject to occasional judicial review as in Chai Choon Hon v Ketua Polis Kampar (1986) and Patto v CPO Perak (1986).

Similar to the Police Act, the new law in Section 15 still confers on the men in blue very wide discretion to impose “restrictions and conditions,” arrest without a warrant any person failing to comply with a restriction or condition, or order the assembly to disperse.

It must be acknowledged, however, that such wide discretion is known in other jurisdictions like Britain, Finland and the state of Queensland in Australia, but subject to external review.

External control: Unlike the recent Security Offences (Special Measures) Act which subjected the powers of the police and the Minister to judicial control, this Act makes no effort to subject police discretion to external, non-executive control.

An appeal lies with the minister, which basically means there is an appeal from the executive to the executive.

Fortunately, however, there is no ouster clause, and judicial review on the first principles of administrative law is a possibility.

Public places: These are defined too broadly, so they include private places open to or used by the public by the express or implied consent of the owner or on payment of money. This means that private premises, hotels and halls to which members of the public are invited or permitted are deemed public places!

Constitutionality: It remains to be seen whether the courts will review the constitutionality of some parts of this law. Issues germane for discussion are:

> The total ban of street protests without linking it to public order and national security may well fall foul of Article 10(2).

> The ban on people under 21 organising an assembly may be challenged as a violation of Article 10 (free speech) and Article 8 (equality). It is noteworthy that case law has established that parliamentary res­tric­tions on human rights must be reasonable by objective standards (Hilman Idham).

> One of the grounds on which the police may exercise the power to regulate assemblies is “the protection of the rights and freedom of other persons” (sections 2, 3 and 15). These words of limitation do not occur in Article 10(2), and may therefore be seen as an extra constitutional limitation.

In most countries including the US and Malaysia, courts have accepted implied limits on human freedoms and have often carved out common law restrictions on fundamental freedoms.

In sum, the Act has many wholesome features. But it is defective in that it imposes no objective restraints on the police and ministerial discretion.

Nevertheless, as judicial review is not excluded, courts may provide a proper balance between police powers and fundamental freedoms. Whether the courts will play such a balancing role remains to be seen.

REFLECTING ON THE LAW By SHAD SALEEM FARUQI

> Shad Saleem Faruqi is Emeritus Professor of Law at UiTM.

Practise 'Addin', a Malaysian way of life? PAS Vows Hudud for Malaysia!

The PAS leader's statement that Islam's status in the Federal Constitution would be changed from official religion' to Addin' if Pakatan Rakyat captures power is the latest example of the party pushing its Islamic agenda without consulting its coalition partners.

PAS president Datuk Seri Abdul Hadi Awang needs a quick lesson in history and the best person to give him that is his colleague and fellow traveller in Pakatan Rakyat DAP national chairman Karpal Singh.

Abdul Hadi had told a press conference in Terengganu last week that the status of Islam in the Federal Constitution would be changed from “official religion” to a “way of life” if Pakatan Rakyat captures power in the next general election.

The unilateral statement was also justified by an attack on the Reid commission, which drafted our constitution in 1956, with Abdul Hadi claiming that there were no Muslim members among its five members, headed by Lord William Reid.

As Karpal Singh has rightly pointed, Hadi was wrong on both scores.

Political analysts and political parties, including the MCA, followed suit in severely criticising Hadi for wanting to unilaterally amend the constitution.

The matter was certainly not brought before the Pakatan Rakyat leaders' council for discussions.

Pakatan leader Datuk Seri Anwar Ibrahim, who advocates a pluralistic approach to religion, was noticeably missing in the controversy because Hadi and PAS, while colleagues in Pakatan Rakyat, have an entirely different approach in that they believe Islam is the only true way to God.

On his part, Hadi has always been pushing for more recognition for Islam and its primacy as the only path to God.

“In the world today, people know of two ways to describe the faith: one is what is adopted by the West by calling it a religion, which denotes the spiritual relationship between human and God, without mentioning it as a way of life,” Hadi was quoted as saying after launching the Terengganu PAS Youth annual meeting in Kampung Kubang Lembek, Manir.

“The second option is by calling it Addin the way of life which is more apt as it includes everything, from the spiritual to all other aspects of life.

“It is not right to say Islam is a religion. The right way is to describe it as Addin, a way of life,” Hadi said.

His interpretation of Islam clashes with the country's multi-ethnic society populated by different races practising different religions.

If an amendment is done it can seriously affect non-Muslims and their way of life which is radically different from that of Muslims.

Although all religions have similarities in moral values and concepts of human justice, their methods and practices differ greatly.

When religion is imposed as a way of life on the majority, the amendment will impact on the rest who practise different faiths and cultures.

It will create many “dos and don'ts” issues like the banning of alcohol, rules on entertainment, dressing and also the intermingling of sexes.

Such amendments will be a recipe for disaster as it can result in the various races drifting further apart and living separate lives instead of coming together into a harmonious, multi-ethnic melting pot.

Hadi also argued that the current definition of Islam as “the official religion of the Federation” did not do justice to Islam and suggested that legislation in this country be interpreted according to the tenets of Islam.

While PAS is under pressure from its Islamic clientele to speak up for Islam, it is also under pressure from its non-Muslim supporters club to desist and behave like PKR or DAP, in wanting to be better than Barisan Nasional at ruling.

Unlike them, PAS is a party that has dreams of creating an Islamic theocracy, something that is unsuitable in this multi-racial society.

This is one reason why PAS is obstinate and unyielding on implementing hudud law and speaking up on many other social issues and the current one to amend the constitution.

PAS' increasingly “superior behaviour”, however, is a by-product of unquestioning support from the DAP.

It shows that neither the DAP nor even the PKR can control PAS any longer and its acquiesce to its demands, like the statement from Hadi that PAS will implement hudud law if elected to Putrajaya.

PAS has a tendency to declare its Islamic agenda without due consultation with its coalition partners and in doing so, it is impinging on non-Muslims' right to freely practise their religion and rights that are guaranteed under the very constitution the party wants to change.

Originally, PAS championed an Islamic theocracy but later following pressure from PKR and especially DAP, it changed to championing a welfare state.

Now the party has come up with its “Addin” or Islam as the way of life proposal, with hudud law included.

The motive is to win the conservative Islamic vote but at the same time, try to satisfy non-Muslim voters.

Comment by BARADAN KUPPUSAMY

Islamic Party Vows Hudud for Malaysia

OnIslam & Newspapers

"If we have enough majority (of seats), if Pas is stronger than our allies, we will implement hudud," Harun said. >>

CAIRO - Seeking to lure more voters in next year’s election, Malaysia's main Islamic party has pledged to amend the constitution to allow the application of hudud in the Asian Muslim-majority country.

"We will implement hudud and amend the Constitution even if (it is) not with the current partners we have in Pakatan...may be there will be other pacts (Pakatan) that will lend us their support,” Harun Taib, chief of PAS Ulema Council, was quoted as saying by the New Straight Times on Saturday, May 12."If we have enough majority (of seats), if PAS is stronger than our allies, we will implement (hudud and the amendment to the Constitution)."

Hudud (Penalties) in Contemporary Legal Discourse

The issue was first raised when the Islamic party’s president Abdul Hadi Awang said that PAS had never backtracked on their intention to put hudud (Islamic penalties) to law and that it will seek to implement it if it takes federal power.

But the staetments drew fire from Karpal Singh, the national chairman of the secular Democratic Action Party (DAP).

Harun reiterated the party support for Hadi on the issue of hudud, saying that the party views Karpal’s criticism as a “personal opinion as a lawyer.”"I think whether it is against the Constitution or not is just his (Karpal's) personal opinion and comment as a lawyer,” Harun said.

"As a PAS member, I am fully behind Hadi."

With an estimated 800,000 members, PAS is the main rival of Prime Minister Najib Razak's United Malays National Organization.

A few years ago, PAS has enacted the hudud laws in Kelantan, to be imposed only on Muslims who represent about 90 per cent of the state's 1.5 million population.

The laws introduced Shari`ah punishments for theft, robbery, adultery, liquor consumption and apostasy.

Adamant

The leader of PAS Ulema council confirmed that hudud can only be implemented through a parliamentary majority."If we have enough majority (of seats), if Pas is stronger than our allies, we will implement (hudud and the amendment to the Constitution)," Harun said.

He added that hudud remains PAS’s intention despite the criticism it received from both its allies in Pakatan and rivals Barisan Nasional.

The Islamic party had already enacted the law in Kelantan and Terengganu but faced constitutional restraint in its implementation.

"We are a party that is championing Islam,” Harun said.

“Of course we will implement what is required by Islam. Pas will always be behind Hadi and the party's struggle to uphold Islam in the government and administration of the country."

Malaysia’s parliamentary elections are due in 2013, but expectations are high that the polls could be called much earlier.

Muslim Malays form about 60 percent of Malaysia's 26-million population, while Christians make up around 9.1 percent.

Buddhists constitute 19.2 percent, Hindu 6.3 while other traditional Chinese religions make up the rest of the population.

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Bersih 3: 'Hand Gesture Politics' to 'Occupy Dataran' ?

Anwar has some explaining to do, says The Economist

KUALA LUMPUR: Video footage of Datuk Seri Anwar Ibrahim during Bersih 3.0 posted on YouTube shows him making a curious rolling gesture with his hands to PKR deputy president Azmin Ali.

Within seconds, PKR supporters breached the police barricades and charged into Dataran Merdeka, prompting the police to respond with tear gas and water cannons to prevent a stampede.

In an interview with Radio Australia on Tuesday, Anwar denied that his hand gesture was a signal to protestors to breach the barricades, instead claiming that it meant “negotiate with the police”.

While the hand gesture is open to interpretation, a few outside observers had their own take on it.

“Mr Anwar has some explaining to do”, was The Economist's verdict and, here in Malaysia, Anwar's role in Bersih 3.0 has been criticised by people from both ends of the political spectrum.

At a PKR press conference on Monday, independent filmmaker Benji Lim accused Anwar of endangering the lives of protesters, as well as jeopardising Bersih's cause.

“The protest was completely hijacked by the opposition,” he claimed, before being bundled unceremoniously out of the room.

Even Bersih 3.0 chief organiser Datuk S. Ambiga noted Bersih's politicisation by opposition leaders, telling journalists that she “cannot control what they say”.

Anwar has dismissed any criticism of his conduct. Instead, at the press conference, he launched an attack on the government, accusing the Barisan Nasional leadership of behaving like Stalin and Hitler.

He went on to suggest his fate was comparable to a Nazi concentration camp victim a claim made on the exact anniversary of Hitler's death.

Political observers say that Anwar has often been seen indulging in “hand gesture politics”, revelling in grand spectacles but offering voters little in terms of a detailed blueprint for transformation.

Some say Anwar's “hand gesture politics” appears to have backfired.

Don't be surprised to see him spend much of the coming weeks and months explaining what his Bersih hand gesture really meant. -Bernama

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Bersih 3.0: the good, bad and ugly Malaysians

When people who want change take to the streets, some stick to the perimeters of the law while others, with ulterior motives, break barriers and turn things unruly. 

BERSIH 3.0 co-chairman Datuk Ambiga Sreenevasan's call for people to show their displeasure and demand for electoral reforms on Saturday brought out thousands of Malaysians from all races and walks of life in a colourful expression of free will.

But Ambiga's calls also brought out the professionals the hardcore saboteurs who dreamt of regime change and the provocateurs who simply wanted chaos and trigger a mass protest that could eventually lead to the toppling of a democratically-elected government.

These people dream of sustained protests on the streets that eventually drive away tourists and worry investors.

Taking law into their own hands: Rioters using sticks and helmets to smash a car carrying the TV3 news crew as it was leaving Jalan Tun Perak, Kuala Lumpur, in 1999, soon after the verdict on Anwar was delivered.

 

Such sustained protests were last seen during the reformasi years in the 1990s with the arrest and jailing of the then Deputy Prime Minister Datuk Seri Anwar Ibrahim.

The same man was present on Saturday, after warning months earlier that Middle East-style protests could hit South-East Asian countries if the reforms were delayed.



If Ambiga thought she could keep everyone within limits, then she was sadly mistaken.

Different people read differently into a mass protest and the hardcore politicians in the crowd have other ideas too.

Reportedly, PKR deputy president Azmin Ali had egged on the crowd to break down the police barriers at Dataran Merdeka that were put up due to a court order declaring the place “out of bounds”.

Ambiga had given the order to disperse at about 3pm, but some marched forward and broke thorough the barriers.

They pelted a police car with bottles and stones, jumped on it and smashed the windscreen and later overturned it. They then attacked a police motorcycle and tried to grab a policeman's gun.

The attack on the police car was reminiscent of an incident in 1999 when a TV3 car was set upon during the reformasi protest.

At a press conference later, Ambiga expressed shock over the turn of events.

The initial carnival mood where people were giving flowers to FRU personnel, who reciprocated by wearing them, was hijacked by a section of the crowd.

Ambiga described the violence as “highly unusual” and suspected that it could have been instigated by agent provocateurs.

The problem is that while Ambiga heads a civil rights movement which is winning support by the day from young people, who incidentally make up the bulk of new voters, she has chosen to tie that movement with Opposition politics.

She has given Opposition leaders an opportunity to ride on the Bersih movement.

Ostensibly, independent non-politicians fill the Bersih steering committee but they are also enthusiastic Pakatan Rakyat supporters.

The Opposition leaders are hardened politicians who have served time in jail, have courted arrest many times and are willing to take greater risk to trigger mass action.

During the two previous Bersih rallies in November 2007 and July 9 last year, a similar scene took place; a section of the crowd taking over the protest and turning it violent.

The same police force, which was peaceful in the morning, was forced to fire tear gas and arrest protesters in the afternoon.

It brings to mind DAP vice-chairman Senator Tunku Abdul Aziz Tunku Ibrahim's warning that by not using the stadiums offered, Bersih 3.0 “encourages Malaysians to break the law”.

He had said he supported an individual's constitutional right to assembly but felt that it must be exercised within the provisions of the law. “As a lawmaker I am not willing to break the law.”

That same advice could also apply to Ambiga, a lawyer, but for politicians who desire regime change it is another matter.

The clock has been turned back on a burgeoning civil rights movement, and what could have been a shining example of peaceful protest, turned into a violent demonstration.

There were no warnings of reprisals in the days leading to Bersih 3.0, no roadblocks set around the city and no arrest of people streaming in for the protest.

But all that was blown away after some protesters breached the police barriers.

Many of the protesters who turned up on Saturday were those who genuinely wanted to bring about positive change. They had meant well and they represented middle Malaysia.

And, for the thousands of young Malaysians who braved Ambiga's call for a sit-in protest over the slow pace of electoral reforms, it was their first baptism of fire and one that they can wear as a badge of honour.

Comment by BARADAN KUPPUSAMY

Related posts:
Bersih 3.0 rally: Malaysia braces for electoral reform protests 
More than 20,000 Malaysians march for election reforms, Bersih 3.0 rally 
Malaysian police fire tear gas at more than 25,000 protesters, Bersih 3.0 rally 
When the Malaysia's Elections will be after Bersih 3 & Occupy Dataran? 
More tests for Malaysian democracy

When the Malaysia's Elections will be after Bersih 3 & Occupy Dataran?

Elections won’t be in June

The probability of the Prime Minister calling for polls in June will be unlikely from a strategic planning point of view.

FORGET about June; the more likely time for the polls will be in the first week of September.

If Bersih 3.0 and Occupy Dataran were meant to peak before the polls, then they have been premature.

On the government side, while the Prime Minister has made several nationwide trips, his series of visits, which emphasises his government transformation plans on services for the people, has only just started.

Both sides have also not finalised their list of candidates despite their bravado in making declarations that they are ready for elections.

With a tough fight ahead, being winnable candidates is not good enough; they have to be trustworthy too. Both sides do not want defections after the general election.

This is especially so for Pakatan Rakyat whose elected representatives defected after the polls.

For the Barisan Nasional, it would not want to deal with a situation similar to Datuk Seri Anwar Ibrahim’s attempt to woo Barisan MPs to cross over.

So far, only the DAP’s Karpal Singh has consistently argued for a law to stop defections. The rest from both sides have refused to be drawn into such a commitment, preferring perhaps to keep the options open.

Then there is the matter of seat swapping. Both sides are still at the negotiation table and, in the case of Pakatan Rakyat, the unhappy components have gone to the media to voice their frustrations.

In Sabah, the local opposition want the Pakatan Rakyat to stay out but the DAP, especially, is adamant in contesting. It will lead to a crowded fight if no compromises are made within the opposition.

In the Barisan, the seat-swapping issue is still being sorted out and has not even gone to the supreme council level yet.

Datuk Seri Najib Tun Razak’s diary is packed with commitments, including overseas visits. The media has already been informed of his trips to the United Kingdom and United States in mid-May.

It does not look like a red herring as planning for his meetings has been completed and he would also take a short holiday with his family after his official duties, which include meeting members of the Global Science and Innovation Advisory Council in New York.

The council was set up to enable the country to make a quantum leap from a middle-income status to a high-income one.

By the time Najib returns, it would be the last week of May, and calling for polls in June will be unlikely from a strategic planning point of view.

The push for rural votes – the core of Umno’s support – will continue in June, especially after the windfall for Felda settlers has been declared from the listing of Felda Global Ventures Holdings (FGVH) Bhd, either in end May or early June.

The windfall will be in two forms – cash and equity – but the excitement would be the amount of the quantum. But word is that the rewards would be good.

Over the next few days, Najib will also be announcing details of the minimum wage plan and there is also talk that the Government will unravel the nine-month Malaysia Airlines-Air Asia alliance as early as Wednesday.

The alliance has been a source of discontent for the 22,000-strong staff of the national flag carrier. Their number is big, and given the fact that they are believed to be supporters of the ruling coalition, and their family members who are voters would be too, this issue is significant.

Over in Sabah and Sarawak, there will be two major celebrations – the Kaamatan festival of the Kadazandusun community on May 30 and 31 and Gawai for the Sarawakian Dayaks on June 1 and 2.

As these festivals are the most important events on the calendars of the two main communities in these states, no one would be expected to campaign for elections during this period.

Many Sabahans and Sarawakians, especially those working in the peninsula, are also expected to take a long break at this time.

Those who talk about a June 9 general election obviously have no idea of what’s happening in Sabah and Sarawak.

By July, it will already be the fasting month, which means there won’t be any election campaign. After this, the whole month of August will be taken up by the Hari Raya celebrations.

That means the first week of September will be the last window period.

The general election cannot be in late September as the haj season would have begun, ending only in October.

Then there is the Parliament meeting from Sept 24 to Nov 27, where the Budget needs to be tabled.

Once it is tabled, it has to be approved by the Dewan Negara, which means the session will drag on until next year.

If you are planning a holiday or a major corporate event in May or June, go ahead, your plans won’t be disrupted.

In fact, Malaysia is hosting Asia’s largest oil and gas event from June 5 to 7, bringing top people from this industry to Kuala Lumpur.

If you have planned for the Olympics in London, enjoy the Games, which starts on July 26 and ends on Aug 12.

But don’t be away too long because the drumbeats of the general election would be very loud by then.

ON THE BEAT  By WONG CHUN WAI

More than 20,000 Malaysians march for election reforms, Bersih 3.0 rally

Protesters of the Bersih (Clean) group shout slogans near Dataran Merdeka, also known as Independence Square, in Kuala Lumpur Photograph: Bazuki Muhammad/REUTERS

Up to 20,000 protesters calling for fair elections and greater accountability marched on Kuala Lumpur's centre on Saturday in a show of force that will test the Malaysian government's reformist pledges and may affect the timing of national polls.

Police shut down much of the city centre and closed off the historic Merdeka (Independence) Square with barriers and barbed wire, enforcing a court order that the protesters should not enter the symbolically important site.

The Bersih (Clean) group that is leading the protest says it will obey the ban but will march as close as possible to the square, raising the possibility of a repeat of violent clashes that marred Bersih's last major protest in July 2011.

"Now it looks like we will have to fight for our right to gather at Merdeka Square as well as fight for free and fair elections," said Muhammed Hafiz, a 28-year-old store clerk who was preparing to join the protest.

Organisers hope the protest will draw 100,000 people, including thousands demonstrating against a controversial rare earths plant being built by Australian firm Lynas on the country's east coast. That would make it the biggest protest since the "Reformasi" (Reform) demonstrations in 1998 against then Prime Minister Mahathir Mohamad.



A police official estimated the protesters numbered 15,000 to 20,000 by midday with just one arrest reported.

The protest is a delicate challenge for the government of Prime Minister Najib Razak, possibly affecting the timing of elections that he is preparing to call as early as June.

A violent response by police would risk alienating middle-class voters and handing the advantage to the opposition in what is shaping up as the closest election in Malaysia's history, possibly forcing Najib to delay the poll date.

But Najib must be mindful of conservatives in his party who are wary that his moves to relax tough security laws and push limited election reforms could threaten their 55-year hold on power.

Last July's rally, more than 10,000-strong, ended in violence when police fired tear gas and water cannons at the yellow-shirted protesters, drawing criticism of a heavy-handed response and sending Najib's popularity sliding. His approval rating has since rebounded to 69%, according to one poll.

Police helicopters buzzed overhead on Saturday morning as protesters gathered. Reuters correspondents saw about 200 riot police stationed in the square and five water cannons heading to the site where Malaysia declared independence from Britain.

Bersih, an independent movement whose goals are backed by the opposition, has a history of staging influential rallies as Malaysians have demanded more freedoms and democratic rights in the former British colony that has an authoritarian streak.

Younger Malaysians have become more politically active in recent years, chafing at restrictions on student activism.

"The younger generation, especially my generation, want to be involved. Look at Lynas and Bersih. We cannot be quiet," said 19-year-old university student Chan Mei Fong.

The July protest was a watershed moment for Najib, prompting him to promise reform of an electoral system that the opposition says favours the long-ruling National Front coalition.

The National Front is trying to recover from its worst ever election result in 2008 when it lost its two-thirds majority in parliament, giving the diverse, three-party opposition led by former finance minister Anwar Ibrahim real hope of taking power.

Najib has replaced tough security laws - ending indefinite detention without trial - relaxed some media controls, and pushed reforms to the electoral system that critics have long complained is rigged in the government's favour.

A bipartisan parliamentary committee set up by Najib this month issued 22 proposals for electoral reform, including steps to clean up electoral rolls and equal access to media.

But the government gave no guarantee that any of the steps will be in place for the next election.

Bersih says the proposals do not meet most of its key demands, including lengthening the campaign period to at least 21 days from the current seven days. It also wants an independent audit of the electoral roll and international observers at polling stations. Bersih and opposition parties say they have unearthed multiple instances of irregularities in voter rolls, including over 50 voters registered at one address.

Source: guardian.co.uk

Related posts:
Bersih 3.0 rally: Malaysia braces for electoral reform protests
Malaysian police fire tear gas at more than 25,000 protesters, Bersih 3.0 rally 

When the Malaysia's Elections will be after Bersih 3 & Occupy Dataran? 

PTPTN l student loans: stick to its guns, written off, learn to pay back ?

A promise that can be written off

Datuk Seri Anwar Ibrahim’s latest plan – to abolish PTPTN study loans and provide free higher education – may seem attractive, but it just goes to show how desperate Pakatan Rakyat is politically.

BOTH Barisan Nasional and Pakatan Rakyat are announcing populist measures to influence voters and get their attention as the general election, that is expected to be keenly contested, draws near.

While Barisan has numerous popular projects from the 1Malaysia clinics to Bantuan Rakyat 1Malaysia, Pakatan leader Datuk Seri Anwar Ibrahim, not to be outdone, has come up with his plan – to abolish PTPTN study loans and thereafter, provide free higher education.

He is proposing to use Petronas funds to write off the RM43bil in PTPTN loans taken since 1999 and provide free higher education for subsequent generations of students.

 Varsity cheer: Anwar’s proposal to write off outstanding PTPTN loans and provide free higher education is attractive but will he deliver on his promise should Pakatan Rakyat come to power?
 

At first hearing, his scheme is attractive, especially to the 1.9 million students who have received study loans under the PTPTN scheme up to 2011.

Who will not want their outstanding study loans written off and for future generations of students to study free using Petronas funds?

It’s simple - all the students and their parents need to do is vote and ensure that Pakatan captures Putrajaya in the general election and then wait for Anwar to deliver on his promise.

The vast majority of PTPTN loan takers have paid up or are paying their loans. About 144,000 borrowers have been blacklisted for not paying and they will have reason to rejoice with Anwar’s promise to write off the loans.

The cost of higher education has shot up since the mid-1990s and it now costs more to study and even more for the Government to subsidise higher education.

For instance, a year’s tuition for a medical course in a public university, before any subsidy, comes to RM166,000. But students only have to pay RM9,000, which means 94.6% of the fees are subsidised.

Higher Education Minister Datuk Seri Mohamed Khaled Nordin, in clarifying the cost structure to reporters last week, explained that a first-year engineering course costs RM61,000 but students only pay RM6,800. He said 90% of the cost is subsidised by the Government.

Students in public and private institutions of higher learning need only pay between 5% and 10% of the cost of degrees that they are pursuing and even then, they are already subsidised in the form of PTPTN loans.
Students who take PTPTN loans pay a minimum of the course fees and take care of their living costs in the cities and major towns where they are located.

When students have completed their studies and are gainfullly employed, they start repaying their loans and many have done so.

Abolishing PTPTN loans sounds good but it is impractical because higher education is heavily subsidised, up to 90% or more, by the Government with students paying only under 10% of the course fees.

And even for that amount, they take PTPTN loans.

But because elections are near and Anwar feels pressured, he has come up with a grand scheme to write off the entire RM43bil PTPTN loans given out since 1996 and use Petronas funds to finance future generations of students for free.

Petronas is the national oil corporation and it deals with our own oil, which is beginning to deplete, and oil in other countries, which it explores, refines and markets for a percentage of the profits that it brings home.

Nearly half of Petronas’ payments to the Government — and the percentage is rising — is from dealing in oil in other countries.

Anwar should not use Petronas as a Santa Claus to promise parents free higher education for their children.

The oil corporation is footing a huge part of the national budget and it can’t be milked anymore to write off PTPTN loans and underwrite higher education.

Taxpayers, who are also subsidising higher education, should not be burdened with more taxes by a Pakatan policy of offering free higher education for all if it captures Putra-jaya.

PTPTN loans are very low-cost loans for students to pursue their dreams of getting a diploma or a degree or to arm themselves with a skill to face a challenging future at local colleges and universities.

It is reckless for Pakatan to promise that it will write off the outstanding loans and offer free higher education if elected to Putrajaya.

It is a big promise from a man whose penchant is to make ever bigger promises as the general election nears.

And he will make them in a dramatic and striking manner, which just goes to show his desperation that the political momentum is slipping away. 

Analysis By BARADAN KUPPUSAMY

Learning to pay for a better future

Doing away with PTPTN loans will not only burden taxpayers but also deprive many of a higher education.

THERE was much joy at the latest family gathering as my brother’s eldest son joined the ranks of medical doctors in the family – he graduated a month ago and is the sixth in the extended family to put the MBBS to the back of his name.

In a few more months, two more of his cousins will also be graduating as doctors from the same private medical college.

The total cost of educating the three of them is more than RM1mil.

The elder one managed by taking loans from the National Higher Education Fund Corporation or better known as PTPTN. Without such a loan, I doubt whether my nephew could have pursued his ambition to be a doctor.

PTPTN has disbursed loans to 1.95 million students, totalling RM43.60bil, from 1997 to February this year.

Now it seems some people want to can this and want the Government to provide total free education from “cradle to grave” – as stated by Solidariti Mahasiswa Malaysia (SMM) chairman Muhammad Safwan Anang.

SMM is a pro-opposition student movement.

His call was supported by Opposition Leader Datuk Seri Anwar Ibrahim, who again pointed to Petronas’ oil revenues as a means to pay for the higher education needs of all Malaysians.

This is obviously just a populist move meant to please a certain quarter – mostly the more than 100,000 defaulters of whom about 70,000 have not even paid up a single sen since completing their studies some 14 years ago.

Who would not like to have their loans cancelled? The almost two million borrowers are a very big electorate for any political party to woo.

For the record, PTPTN loans recovery has not been very good. Over the past 14 years, a total of RM5.6bil was to have been collected in loan repayments, but only RM2.7bil had been received.

The corporation has tried all means to get back its money including the rather unpopular blacklisting at all exit points that prevents defaulters from leaving the country.

This is what is unpopular with PTPTN.

Previously, the corporation was criticised for not making a serious attempt at ensuring loan repayments, but when it makes an effort to do so it is accused of being a bully.

Learning to pay for your own needs and wants, including debts, is as important as a formal education. This is called a lesson in responsibility. Cancelling the study loan is like an uncompleted course.

Despite the contentious blacklisting move, the PTPTN loan is the single largest enabler of education in this country. Without this loan scheme more than half of the some two million borrowers would not have been able to further their education.

I know of several students who only made it to a tertiary institution because they were able to get a loan.
An uncle of one of them said he was willing to provide support in terms of pocket money and even accommodation.

“Unless he makes it into a public university, tertiary education will be beyond us,” the uncle said. The nephew is already grateful because he knows his future is assured either way.

He is not alone.

A good friend, who lives and works in Hong Kong, is very proud of his daughter’s independence because of the PTPTN scheme.

“I do not have the money to send her overseas for a higher education and she couldn’t get into a public institution. But she managed to get a PTPTN loan, and with that she could study in a local private college.

“She did everything herself, and was even able to save some money to buy herself a car. She made sure she passed all her exams and is now working. She is also paying back the loan on her own,” this friend said, adding that he never expected her to be so independent.

When the Government first liberalised the education system in the early 1990s, the number of those aged below 24 who received tertiary education was less than 15% but this has risen to 45% currently and should reach 50% by 2020 – and all this is due directly to the PTPTN scheme.

PTPTN can also be credited with the growth of the number of higher education institutions in the country. As of October, there were 20 public universities, 26 private universities, 23 private university colleges, several branch campuses of foreign universities, 28 polytechnics, 74 community colleges and 434 private colleges.

Providing free higher education, ironically, will result in many of these institutions being beyond the reach of the middle class and the poor because they will have to go to Government funded colleges.

For a simple three-year business related degree from a local private university, the tuition fee will be between RM30,000 and RM40,000. A local medical degree will cost more than RM300,000.

Without a doubt many of these private colleges are decent institutions of higher education, and a viable alternative to the expensive foreign education that most Malaysians dream of.

Just like everyone cannot be a doctor or a prime minister, not everyone can afford a foreign education.
These almost-500 private institutions provide a channel for our young to pursue their education dreams.

PTPTN makes this possible.

Why Not? By WONG SAI WAN

> Executive editor Wong Sai Wan is glad he can afford to pay for his children’s education but realises many need financial help to educate theirs

PTPTN should stick to its guns

QUESTION TIME By P.GUNASEGARAM

The most efficient way to educate those who can’t afford it is through loans as it ensures that future generations will similarly benefit.

IT’S a bad part of human nature that the more you get the more you want, especially when you get something relatively easily.

And since according to common wisdom elections are supposedly around the corner, now’s the time to demand and hope that the Government will accede simply to please in the hope of getting more votes.

But there is a need to be more responsible than that. If goodies are handed out every time they are demanded, we are going to have problems, real problems.

We should not be going anywhere near forgiving other people’s debts as an election manoeuvre but that’s exactly what is being asked for.

There are many hundreds of thousands of people who have taken loans from the National Higher Education Fund (Perbadanan Tabung Pendidikan Tinggi Nasional or PTPTN) but now incredibly they want their loans to be waived – just like that. I wish my housing loan was waived too.

Not only should their requests be flatly turned down, the Government should review its entire system of scholarships on which it spends tens of billions of ringgit yearly in favour of a system of loans.

The PTPTN loans require repayment only after those who have taken them get jobs or six months after graduation whichever comes first and is to be paid through the Inland Revenue Department. They carry low rates.

We are talking about really big amounts – as at end of February, 1.9 million students had loans totalling RM43.6bil from the PTPTN. That’s a huge amount to be written off and the Government simply cannot afford to do so.

Based on the figures, the average loan per borrower works out to around RM22,000 and it should be possible for PTPTN to work out some arrangement with the borrower if it is not possible to repay the loan within the prescribed period due to unemployment or other reasons.

Eventually, most graduates do get employed and when they get jobs, they will stand to earn a lot more than non-graduates and they should be made to repay society for the help they received in getting a leg up.

Many others were unfortunate enough not to get a proper education because they could not afford to pay the fees or take time off from work to study. They often never earn graduate salaries in their entire lifetimes.

The attitude of borrowers who have taken money from PTPTN and now do not want to repay is selfish because they deprive other similarly disadvantaged students from financial assistance in the future.

The PTPTN was conceived as a fund that will be largely self-financing from repayments and that’s the way it should be operated so that the most number of people benefit from it.

Most of the loans are taken by borrowers in public universities to cover the cost of living as fees are already low in these universities. The timely repayment of such loans ensures that future students will continue to benefit from the programme.

The politicisation of this issue is terribly unfortunate not only because it puts pressure on a scheme, which if properly administered, will result in the emergence of a sustainable operation largely funded by repayments but because it inhibits consideration of loan schemes to replace scholarships.

The scheme can be made more attractive by making repayments completely interest-free and free of any maintenance fees as is the case in countries such as Australia for their own citizens.

The Government can then expand this scheme so that all qualified students are eligible for loans and even extend the scheme to those who want to study overseas.

Then it can reduce the amount of scholarships allocated and restrict these largely to a select list of merit scholarships and to fund those it wants to employ in future.

That way the Government will be able to help more people get access to higher studies without having to break its financial back by providing outright scholarships and grants.

However, that would require some courage because the rolling back of scholarships which were relatively freely made available earlier would meet with a considerable amount of opposition from all quarters.

You can sometimes give too much but try and take that away and you can get a lot of problems.

Governments all over the world are moving towards interest-free loans to help needy students. It’s the right way to go because only those serious about their education would take such loans and they will tend to limit their loans to what they need because it has to be repaid.

That’s a good way to allocate scarce resources by making people who can’t afford it take interest-free loans and defer payments until later. Instead, those who have taken loans are demanding they be turned into scholarships instead. That’s really too much.

Acceding to such demands would be populist, what move would not be when you give something valuable away for free, but it would be wrong simply because it is going to deprive future generations from access to education.

Resources are finite after all and we must find the best way to allocate them. Sometimes, you have to be cruel to be kind.

> Independent consultant and writer P. Gunasegaram believes that both lender and borrower have a joint responsibility to ensure that funds are properly used.