Sodomy or No Sodomy???

I believe that is what the public want to know i.e. whether Saiful Bukhary was indeed sodomised by Anwar Ibrahim. We are not interested in the hanky panky on the matter. Push here, push there, accuse here, accuse there, deny here, deny there, statement here, statement there. We just want to know whether the AG is going to charge Anwar. That's all.

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I mean the police have recorded statement from the "victim" and the "accused". The police have got the DNA of the "victim" as well as the DNA of the "accused" (in 1998). They have got the medical report. So, what are they waiting for? Don't tell me that our police is no longer efficient (after their efficiency in arresting Anwar Ibrahim a couple of weeks ago).

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Allegation against Anwar should not be dealt with as if it is just another criminal case in Malaysia. There is element of "public interest" in this case. But I wonder what make the police take a "long" time to conclude their investigation or for the AG chambers to decide whether or not to charge Anwar.

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On another note, I also wonder what happened to police's investigation against Karpal on his statement allegedly insulted the Sultan of Perak. After so long, there is no news on it. All the so-called Malay leaders who has lodged their police reports are now quiet. If at all they care about the Malays and our Sultans, I think the least they should do now is to ask the AG what happened to the case? It seems that the case that was at one time "urgent" are no longer "urgent".

Right Operation at The Wrong Place and The Wrong Time (Police's Efficiency)

Police set up few road blocks in few places in KL this morning and according to City police chief, "the roadblocks were part of its operations".

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What sort of operation was that? What was so urgent for the police to set up the road blocks? Can't they do it some other time or at some other places. If at all, you want to do road blocks as part of your "operation" do not do it during peak hours and if our policemen do not know when is the peak hours in KL, it is the time when people are going to work and when they go back home.

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I do not see any logic for the police to set up road blocks in the morning when people are going to work. They do not use their common sense, unless it is so urgent and they have a very strong reason, which they do not want to share with the public. Well, that's their fault if the public have their own perception on the road blocks. As if the massive traffic jam on Monday morning was not enough to see the people's suffering.

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http://thestar.com.my/news/story.asp?file=/2008/7/17/nation/20080717124343&sec=nation

Anwar was Arrested in Advance

What has happened to our police force? All of a sudden and out of blue, they became damn bl**dy efficient? They gave Anwar Ibrahim until 2pm to be present at the city police HQ today to have his statement recorded but this poor chap was arrested at 12.55pm. That was 65 minutes early man!!!

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According to the deputy home minister (no brain minister and I believe a good friend of Nazri Aziz), the arrest was made in anticipation that Anwar would not be able to make it to the city police HQ by 2pm. So, based on that bl**dy reason, the police decided to "fetch" and "escort" Anwar to the police HQ. And you know what? Our policemen did a damn bl**dy good job!!! They managed to reach the city police HQ at 1.15pm and that was 45 minutes early. Clap! Clap! Clap! Well done!!!

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And you know what??? Just after they made a damn bl**dy "good" job in escorting Anwar, the police failed to keep their words. The recording of the statement should have taken place at 2pm. The time was set by the police. But they started to record Anwar's statement only at 2.50pm!!! So, what the fuss that the deputy home minister was worried that Anwar could not make it on time when it was the police who were late? The recording was made 50 mintues late than the scheduled time and that means Anwar had to wait at the city police HQ for 95 minutes.

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To me, if at all the police needs to arrest Anwar, do it at 2:00:01pm. By then if Anwar still do not turn up, then by all means, they can arrest him. But you do not do it in advance. That damn bl**dy idiot deputy home minister (who I think have learnt a lot from Nazri Aziz), when asked to justify police action in arresting Anwar prior to 2.00pm said that "what is the difference between 20 minutes and 50 minutes?" My goodness!!! What sort of deputy minister that we have? The difference is 30 minutes la...why la you so stupid??? If that is the question asked by the deputy minister, let me ask him this question. Why didn't you arrest him last night at 8.00pm (so that he would not be able to appear on tv). What is the difference between today and yesterday? But to me that is besides the point. The point is keep your words. If you have a date at 2.00pm at Lake Garden, do not blame your partner for not being at the Lake Garden at 1.30pm simply because you arrived there at 1.30pm. And for this, even a primary school children knows about it.

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http://thestar.com.my/news/story.asp?file=/2008/7/16/nation/20080716101744&sec=nation

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http://thestar.com.my/news/story.asp?file=/2008/7/16/nation/20080716165244&sec=nation

A Clear-Cut Abuse of Power

It was reported in the newspaper about a teacher who was arrested and detained by the police and had to spend one night in the police lock up for “threatening” one of his students that he (the teacher) might pull his (the student) pants down if the student contravened school discipline again. The student’s father found it too harsh for him to accept and had to resort to abuse of power by using his connection with the police force to have the teacher arrested, detained and spent one night in the police lock up for passing a “threat” remarks, which is not an offence or rather not a criminal offence at the first place. It was also reported that the student comes from a well-known family. This is a blatant abuse of power by the father and the police. Whoever in the police force who gave such a stupid instruction to arrest and detain the teacher is answerable for his action and proper disciplinary (for issuing invalid instruction) as well as legal action (for abusing his power) must be taken against him/her.

Read here for full report http://thestar.com.my/news/story.asp?file=/2008/5/21/nation/21307389&sec=nation

The teacher is now contemplating of taking legal action against the father and the police. My advice to the teacher is , go ahead!!! You have every right to sue this buggers. They are all sick people around us who thought they can do what they like. Teach these uncivilized people a good lesson. Lodge a police report. Get them investigated. Put them in prison. Let them know that money is not everything. The day where the rich is powerful and the poor is powerless has long gone (but sad to note that there are still people [like these buggers] who live in that era nowadays).

Let us look at whether the so called “threat” by the teacher towards his student is a crime that may have warrant the police to arrest the teacher and put him in a lock up for one night. The closest offence stated in the Penal Code of this nature is Extortion as stipulated in Section 383. Section 383 of the Penal Code provides as follows: -

"Whoever intentionally puts any person in fear of any injury to that person or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion"

So, in order to prove extortion, the following elements must present: -

(a) Intention
(b) Put others in fear of injury
(c) Induces the person to deliver any property

In the present case, none of the three elements stated above exists and as such, there is no extortion and therefore, what the teacher had said to his student was not a crime. So, on what basis did the police arrest and detain the teacher and made the poor chap to spent one night in the police lock-up? Was it just because the father was someone influential and has connection with the police, the police felt bound by his request or demand to arrest the teacher and put him in the lock up? Is our police force inferior than the boy’s father? Even the PM is not authorized to give such an instruction to the police in that situation, what more the normal citizen, like you and me?

So, with no offence committed, the arrest made by the police was illegal, which caused the detention as “wrongful confinement”.

Section 340 of the Penal Code defines wrongful confinement as: -

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person

As such, in this case the teacher can be said to have been wrongfully confined when he was made to spend one night in the police lock up for not committing any criminal offence, as he was restraint from moving beyond the four walls of the police lock up.

The punishment for wrongful confinement is one year imprisonment or fine of RM2000 or both as stipulated in Section 342 of the same Code.

Apart from that, the wrongful detention also amounts to a violation of freedom of movement as enshrined in the Federal Constitution. Article 9 (2) of the Federal Constitution guarantees freedom of movement as it provides that: -

Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof, public order, public health, or the punishment of offenders, every citizen has the right to move freely throughout the Federation and to reside in any part thereof. So, by arresting and detaining the teacher for no valid reason, the police can be said to have violated the teacher’s right to freedom of movement for the night that he spent in the lock up

And the best part was that the teacher had to resort to his influential friend to get him released from the lock up. I wonder what type of police administration we are currently having. What has happened suggests that if you are well connected with the police, you are safe, otherwise, those connected with the police can make your life miserable.

The abuse of power in Mlaaysia is miserable. I think it happen everywhere and almost all the time. If you want to read more on abuse of power, you may want to read Tun Dr. Mahathir’s article on lobbying in his own blog at http://www.chedet.com/

KL CID Chief Senior Asst Comm II Ku Chin Wah confirmed the teacher’s arrest and said that police were still investigating. I hope police would do thorough investigation without fear or favour in upholding justice.