UNDERSTANDING SUHAKAM'S FINDINGS ON THE MISSING PASTOR KOH AND AMRI

I am not a lawyer, I am an ordinary lay man and I wish to share my understanding on Suhakam's finding in this case.

Special Branch held responsible for them missing

Extract from FMT
"The Malaysian Human Rights Commission (Suhakam) has held Bukit Aman’s Special Branch responsible for the disappearance of Pastor Raymond Koh, who was seen being abducted by several men in broad daylight in February 2017.
 
This comes after Suhakam blamed the same unit for the disappearance of Amri Che Mat, a Perlis-based activist who went missing in late 2016.

“The panel is of the unanimous view that Pastor Raymond Koh is a victim of enforced disappearance,” said Suhakam commissioner Mah Weng Kwai.
“He was abducted by state agents, namely the Special Branch, Bukit Aman.”

We must first understand that this is a Commission of inquiry and not a Court of law.

The Burden of Proof
Although made up of eminent persons including a senior judge, the burden of proof of of such an inquiry in such cases are based on the  balance of probability and not  beyond reasonable doubt.

An inquiry panel can and will only find on the balance of probabilities and the substantial merits of the case, and nothing more and that was exactly what was done in this case.

Their findings are based on what any reasonable person given the facts of the case will conclude without bias.

Must act accordingly

How should a Responsible Government Act on these findings 
In this particular case after the findings of the inquiry the government is duty bound to begin investigations based on the Commission's findings. 

The Police force comes under the purview of the Ministry of Home affairs, the finger has been pointed at the Special Branch a pivotal wing of the Royal Malaysian Police force and as such the government must act as it reflects on the government, although this was done under the previous government it must be acted upon or this government will have to bear the consequences..

I am honestly surprised by Tun Dr. Mahathir's statement it seems very defensive. 

Implicated must be suspended

The inspector General of Police Mohamad Fuzi Harun, who was the Special Branch Head at the material time   should immediately be suspended from service pending investigations into the case and till investigations are complete he will  be deemed to be under suspension. 

This is the basis on which follow up action must be instituted. If you wait till his retirement what are you trying to do? Reward him before calling him to question?

If the period of investigations exceeds his retirement date he will retire on such date he is scheduled to retire, but will not be eligible for benefits if any, under his contract till investigations are complete and he is either charged or discharged.

Missing Ruth and Joshua

If he is discharged of any wrong doing and there is no prosecution, he will then be paid his back wages and all benefits he is entitled to under his contract up to the date of his retirement.

However if he is charged in court and is found guilty he should be dismissed from the police force and will lose all benefits including retirement benefits he is entitled to under his contract of service including such sentences befitting him for this act as foudn fit by the sentencing judge.

He must shoulder the responsibility if indeed it is the Special Branch who committed this crime. It is so common these days for people in such high office to plead ignorance, this is totally unacceptable, the position comes with the  responsibility and the accountability, now they have to give an account of  what they were responsible for.

 One wonders what would have been the response of  this government or even the previous government,  if these were Sunni Muslim Missionaries in Europe, India, America or even Israel?

I think the answer is only too obvious having had the experience of the responses of our government. Our responses. 

We are of course fully justified with such responses, but this is Malaysia and these are Malaysians our own people, they come first so drop all other foreign issues and look at this.

Troubling Trends in Malaysia
  
There has been dubious reasons why we should not be signatories to ICERD and the Rome Statute, both only address the protection of basic human rights, could this be the cause, is there a deep hidden agenda to terrorise Malaysians who do not share the same view of the government of the day?

Are there plans to subjugate people of certain races and religions in this country?

Judging from what has been happening in this country, this most certainly seems to be the fear of many Malaysians.

We have politicians claiming that Lim Guan Eng is the actual Prime Minister of Malaysia and we have their galleries drumming this to rather naive sections of the population created by them to create such havoc really believing this and intimidating people based on their racial origins.

How many times have we heard UMNO people threatening non Malays with May13, and how many times have the police or the authorities done anything about it?

UMNO claims that they were not responsible for May`13 and yet it is they who threaten Malaysian Chinese with May 13, so who do you think are responsible for May 13?

Is this plan of intimidation orchestrated today by both Pas and UMNO, so that people of the other races will accept that they are second class  citizens and behave such?

Isn't this subjugation at the highest level?

The Rome Statute:
The International Criminal Court is an international institution created out of the Rome Statute.

The crimes described in the statute are brutal in nature and capable of being committed only by a leader or a command structure of any given state.

If in this case there is involvement of the Special Branch of the Royal Malaysian Police force it should fall  under a command structure of a given state,as stipulated in the statute.

Our misgivings of the Rome statute are all frivolous and without basis, we can apply for and can be granted exceptions, to say that will mean legalised same sex marriages is absurd, that comes under our laws.

Now that brings us to ICERD what is ICERD do those who oppose it even know what is ICERD?

ICERD stands for  International Convention on the Elimination of All Forms of Racial Discrimination.

Now isn't this  cause of worry too to the  non Malays, as it is UMNO and PAS who have come out almost violently to protest our intention to join ICERD.

Malaysians had accepted the favoured status of the Malays and the Bumiputras for many years this favoured status has done hardly anything for them, they can be fooled by their leaders who have actually used the favoured status to con them and make them more ignorant of real issues.

To make matters worse by the day new Bumiputras are added into the list of Bumiputras, whilst Malaysians of other races  who have lived here for generations and in many cases even longer then Malays are treated as second class citizens.

The case of Zahid Hamidi is a classic one, he has become a Malay and Bumiputra and although I am a third  generation Malaysian, my children fourth generation and my grandchildren fifth generation, people like him who were probably born in Indonesia or whose parents came here from Indonesia are first class citizens whilst he is Bumiputra and Malay.

Today a Bangaladeshi, Indonesian or any Muslim can come into Malaysia work here and eventually obtain permanent residence there are countless cases.

The children of these foreign workers will if they are Muslims, speak Malay and observe Malay culture be considered Malay and Bumiputra and be accorded special privileges, whilst my children and grandchildren remain second class citizens. How absurd.

When will Bumiputra Privileges cease?

We hear Politicians in Parliament shouting out almost every day  that Malay contractors are at a disadvantage when the government decides to have open tenders.

Isn't this racial discrimination and when will it end.

This is the primary reason why UMNO and PAS are so dead against ICERD.

No Right to Champion International Causes. 

We stand up in international forums championing racial and religious discrimination, from Palestine to Myanmar, the heinous Christchurch massacre, apartheid when we are ourselves guilty of such criminal behavior.

We must champion such causes but how can we do so if we are ourselves discriminatory and are unwilling to accept international Human Rights conventions. 

This Disappearing Act must not Disappear.  

This is the reason why, findings of the Suhakam Inquiry must be taken seriously. It must be investigated the same way we would  abduction of the highest person in the land.

There must be no stone left unturned and agaisnt a landscape of the people in our Police force, the make up of those in power, can the families of these missing men ever hope to obtain a true and clear picture of what really happened.

I have my doubts, I can imagine theirs, so please prove me wrong.

ARE WE PREPARING FOR THE RETURN OF THE KLEPTOCRAT?

The defiant Najib look

Our responses to the present government gives me the feeling that Malaysians are either wittingly or unwittingly encouraging g the return of the Kleptocrat and his entire train back to power, in what can be seen as a one way ticket, for if Najib does return then there is no turning back and we can be assured of this, he will dig in his heels and stay in power and engineer it in such a way his sons will succeed him.

That power greedy streak is in the Razak family DNA believe me.

The present day government is hardly even one year old and everyone  expects changes immediately to "put Malaysia back on track" they say and that too immediately!!!.

I am even surprised that seasoned professionals like Ambiga can fall into this trap, it only shows a lack of  understanding of the complexities of managing society at large, a society whom we depend upon to make these changes happen.

Today's Government had to be given at least 15 years to turn this country somewhere close  into the idealistic nation they want it to be, but to go at this stage and demand express changes is nothing less then suicidal. They have to tread carefully the Majority of the electorate is Malay, the constituencies have been re engineered to favour a Malay friendly government, and yet they the majority of Malays responded to a  National need to oust that corrupt regime and save the nation.

We must remember one thing and that is if the NEP really did its job there would be no reason to  talk about equal rights, but we allowed by our own indifference the government of the day in the years past steal from the people for the benefit of a handful and Najib Razak seems to be the biggest of the whole gang, it was only after he came that we realized that if it was allowed to continue the nation would become poorer then Myanmar and drop to one of the poorest nations in the world competing for that place with nations like Haiti who are restucturing and would then beat us easily, that is no joke.

The ECRl for instance is a great example,  the confusing messages coming out of our leadership only goes to show the complexities of the corrupt project, being looked inot by sincere men who have very little experience in such matters, it was certainly a project by the Najib administration to sell Malaysia to China in what looks like an attempt to hide the billions he raked in from the 1MDB and other scandals, and it is really surprising how China could allow such a game, a country that portrays itself as  nation of high integrity.

In the face of this delima the government is now working on, there are those who talk negatively about us as a nation breaking a contract that has already been agreed upon.

A dubious contract of the nature of the ECRL contract that is overpriced to the extent the Chinese are willing to half the project costs only goes to show how inflated the whole damn this is, and even at half the rate it is hugely overpriced with all contract terms slanted in their favour. The only people who can really support this project and condemn the government  can only belong to one of the following categories;
they are beneficiaries to some material or monitory gain from this project,
they owe more allegiance to China then to Malaysia,
they belong to UMNO and are yet to benefit out of this project,
they have already collected large sums and are in a hurry to ensure the projects closure.

Maybe we have forgotten the millions that these Chinese Companies put into the last elections by openly sponsoring BN Banners and one wonders what else they sponsored.

To quote Dennis Ignatius a former ambassador to China in his article

ECRL Time to cut our losses and move on; 


ECRL bad in every way
"By all counts, the ECRL project is an extraordinarily bad one. For one thing, it was grossly overpriced. The actual costs were so vague that we still don’t know what the final tally would be with estimates running between RM80 billion – RM110 billion. In fact, it was so grossly overpriced that the contractor (China Communications Construction Company Ltd) is now reportedly offering to cut the price tag by a staggering 50%. That’s how much fat there was in it!

And then there were the terms of the contract – all heavily slanted in China’s favour. China derived all the benefits while Malaysia shouldered all the risks. It was part of a grand scheme to massively defraud the people of Malaysia, the consequence of local greed finding common purpose with big power ambition.

What’s worse, the project was completely unviable and without merit. Like so many of the Najib-era projects, it was designed to skim money rather than serve a useful economic purpose. Even with a 50% reduction in price, it would still not make any sense to proceed with it. It’s a mammoth white elephant that will end up becoming a huge drain on the treasury for years to come.

That money, as economist KS Jomo rightly argued, could be put to better use developing the east coast and other parts of the country that are lagging behind in basic infrastructure.

The socio-economic development of the rural heartland is, in fact, a critical issue with enormous political implications. Unless the PH government can meet the socio-economic needs of the rural heartland, it’s very future and that of Malaysia Baru’s reform agenda could be in jeopardy. Surely, that is one of the takeaways from the recently concluded Cameron Highlands by-election."

Our lack of understanding of a new government filled with inexperienced ministers many who are really just trying tro understand their roles we go all out and criticize giving eh opposition and that is the BN and PAS every opportunity to pick up from our criticisms and confuse a really ill informed and incompetent electorate, a people who continuously and repeatedly voted such a corrupt regime into power that the regime gained the status of the most corrupt in the world.

Just like his father and the Kuantan Port during those days Najib went for the ECRL, his motivation was to acquire funding to cover up his 1MDB theft and to cover upf or his wife and all that "shopping" made with our money.

We are Running Haywire

We have forgotten the zeal with which we really saved this nation, if there were those who thought they could have done  better they should have stood for th elections too not sit on the sidelines and take potshots at the government who is trying its best to get back the loot and to bring some orderliness int the country.

I am surprised that there a re Malays in UMNO who go after Lim Kit Siang, these people who have feared the Malaysians Chinese so long should now open their eyes and see that the Chinese they should really fear are those amongst them - The MCA.

UMNO should be demanding that MCA be investigated to see if it had a role in these lop sided projects the  ECRL programme included with China, after all the MCA was working overtime with the Chinese government in promoting business deals with both countries.

Did the MCA receive funding from the Chinese Government or Chinese Companies?

Is that why Najib allocated the least to MCA for the last General Elections?

Is that also why they decided to be quite contended with it even with the MIC receiving more generous donations from Najib?

We lost Cameron Highlands because we made Pakatan lose that elections, we gave UMNO and the BN (if it still exists) a great boost as a result and we are effectively spelling the return of the Kleptocrat. We initiated the racial politics by attacking pro Malay policies with due regard to the surrounding factors, totally insensitive to our own folly for being responsible of re electing the BN time and again because the economy was doing well we thought and there was nothing to complain about.

Taking away Malay rights is not as easy as it sounds if that is done we are rolling the red carpet for both PAS and UMNO.

The UMNO led NEP has met its objectives, it has fooled the Malays and has led them to believe in everything UMNO says using two factors, the threat of the Chinese and religion. 

The Malay mindset has actually been set, they have been thoroughly indoctrinated and no amount of reasoning will take that away from their mindset. I ma talking about the majority, those led by the UMNO/PAS threats of race and religion and the Chinese threat.

The Malays did not benefit out the NEP, that is a fact, they were given handouts, yes to keep them quiet, they were contended with it, many were given University degrees and not jsut  places in the University and that I am convinced about it, after having interviewed so many graduates from local and overseas Universities.

At one particular interview the hiring manager asked a candidate from a reputable local Government University, a graduate in Material  Science, if he knew what was density he said yes, then he was asked for the formula to measure density, the candidate replied, I forgot, this was a fresh candidate with the second class upper in Material Science. Then when asked what is Mass over Volume he still did not know.

The interviewing manager was an Indian, he looked at me and asked me after the interview how did this guy graduate?  I tld him density was something I learned in my seventh year in school that was my first year in secondary school and it was my first Science lesson and I still remembered it. As a material Science student he would have really been drowned in density adn yet the poor fellow came up with "I forgot."

I am mentioning a single case, but believe me it was the same with most cases of Malay graduates from both local nd foreign Universities.

This s is what Malay privileges was resulting in for many Malays giving them and their parents and the community the false impression that Malays were progressing. This was the NEP it successfully made large numbers of Malays ignorant and that was the tool for UMNO dominance where the UMNO warlords thrived even in their stupidity.

There are Malays who are brilliant but in my interviewing and hiring process they were few and far in between and they were grabbed each time we cam across some of them, there were others who were Chargemen and Electricians without a degree but who were taught in house and made more competent and recognised as Engineers in the Company and place in Engineering positions and even Managerial positions in the Technical divisions of the Company.

Nationalism and patriotism were the furthest things in the minds of the UMNO leadership, they were never interested in Nationalism, they only wanted to enrich themselves, they were only bent of accumulation of wealth for themselves and their families and all at the expense of the other Malays.

Really many of them are mega rich they'd make the Chinese in Malaysia and the top ten rich Malaysians look like sawrfs if their wealth can be uncovered.

We are seeing it now the huge wealth these people own and one dead UMNO politician has even laid bare his wealth after his death,  the family feud on inheritance, the magnitude of that wealth is just unimaginable and to the UMNO Malay it is normal, the ordinary membership ill accept that as a lie and say that he is being targeted by the present day government and of course the finger will be pointed to the DAP. That is how the Malay mind has been tuned.

Ask them aand they'll tell you it is an UMNO derived line, if we do not do it the Chinese will do it so it is okay as long as it goes to a Malay.

The NEP from the UMNO perspective has attained its objectives and needs to continued with more vigour on the same lines, enrich the UMNO war Lords and make the ordinary Malay more ignorant.

These same UMNO Malays will all turn back the more we start demanding the equal rights, let us face it they can stand on equal footing we need to change that and we need to do things differently.
Malays ned real assistance in the field of education especially, they need to be made to realise to leave sentimental folly get the better of them, they need to understated the  need for English in education and one positive influence has been Chinese education , as we see more Malays send their Children to Chinese Schools, realising the potential it will have for their Children in the future.

This possibly explain the reluctance of this and previous governments stall teh recognition of the Exams in the Chinese Schools.

Perhaps the real move should be to restructure the Chinese Schools, where they offer Bahasa and Chinese as compulsory languages, the remaining curriculum in English, and English as a third language. Chinese as a compulsory language to learn, it can be at a lower level of competency like Bahasa Kebangsaan in the older days and Bahasa Melayu as pure Malay. There is in fact simplified Chinese (Mandarin) and advanced Mandarin this will benefit all sectors of our society and will meet the needs of the nation in innovating and inventing new systems,  technologies and drive us to true industrialization.

We could opt for a dual system one the way of the Chinese schools and the other the National curriculum as  is practised today. It is nt common as even in England they have more then just one examining body for schools and Institutions of higher learning.

In England they have the Cambridge Examination Board, they have the Associated Educational Board, they have Ordinary National Diplomas (OND) they have a Higher National Diploma equivalent to a degree (HND) the road to academic excellence  and knowledge is opened to all who at any time wishes to pursue it.

Examinations must be based on merit and not on race, you do not uplift a race by giving them false qualifications, if extra effort need to be given to special students it must be accorded and I am of the opinion if give to the Malaysian Chinese they will do a good job for rural Malay students. If need be bring in teachers from China who will be supervised by the management of our Chinese schools in as far as curriculum is concerned.

All these issuers takes time to resolve it can't be done overnight, there is the process of reeducating the people in realisng what is really good for them an it will take time, in the meantime we have to give the government of the day the time and the space to do so.

We can suggest but not condemns and give ultimatums that is not he way to go, even then understanding the pitfalls.

Remember at the last elections we got a new government because of the Malays, if they Malays hadn't swing their vote we would have been with Najib stop condemning them, understand them and support them to build a better and truly prosperous Malaysia.


NAJIB AND UMNO/PAS ARE THE REAL BOGEYMAN NOT KIT SIANG AND DAP