What da f***!! – Page 32

June 18, 2014June 18, 2014

Just Ranting, Laaaaaaawwww!

Let me just rant.

If you read the title above with a Malaysian-Chinese accent, you’ll get the effect.

What is unique about our Federal Constitution and the laws made under it? That it has both the “secular” and “Islamic” features. The “secular features include Articles that give the Federal Constitution its supreme status, that the provision of Islam as THE religion of the Federation of Malaysia does not depart from any other provision, that the Syariah courts have limited authority, so on and so forth. Meanwhile, its theocratic features include provisions that allows the independent nature of the Syariah courts from the civil courts (Article 121 (1A)), ALL Muslims are subject to the Syariah laws, State support for Islamic religious institutions, preaching of any religion to Muslims is regulated, that the concept of Malay and the religion of Islam are intertwined, and several other provisions made pertaining to Islam being the religion of the Federation. Bear in mind that Articles 4(1) and 162(6) of the Federal Constitution affirm the supremacy of the Federal Constitution over Parliament – contrary to popular belief.

Now, what am I ranting about? Initially, I wanted to rant about ESSCOM and the latest kidnapping, but since two recent issues are more pressing than Mentek’s failure-blame-placed-on-the-police-army-and-navy issue. They are the comment made by Tan Sri Khalid Abu Bakar, the Inspector-General of Police on the issue of the custody of two children to two sets of parents of different religion as well as Menteri Besar of Selangor’s plan to seek audience with HRH The Sultan of Selangor on the possible return of Bibles confiscated by MAIS/JAIS to the Bible Society of Malaysia.

A bit of background on the first issue: custody. Two couples namely Muslim-convert Izwan Abdullah and ex-wife S.Deepa, and M. Indira Gandhi and her ex-husband, also a Muslim-convert Mohd Ridzuan Abdullah. Both men converted to Islam without the knowledge of their respective wife resulting in the latter claiming for custody of their children. Well, it is slightly more complicated than how I have described the case but that is the gist of it. The civil courts have granted custody to the wives while the Syariah courts sided with the husbands. In both cases, the children were converted to Islam without the respective wife’s prior knowledge.

How did the IGP get into the line of fire? The IGP has refused calls from certain quarters of the public to get the Royal Malaysian Police involved by upholding the various courts order and suggested for the Welfare Department to take custody of the children instead.

I agree with the IGP that the police should not get involved in the custody struggle, but on the other hand the police cannot ignore an arrest warrant issued by the court. The dilemma here is that the police is expected to uphold both laws, civil and syariah. However, we must all look at the broader picture. What the IGP said is right. The children in the custody fights should be under the care of the Welfare Department. People from the Welfare Department who say otherwise are either ignorant of the law, or are just trying to wash their hands in this matter. Section 17(1)(h) says that a child is in need of care and protection if there is a conflict between the child and his parents or guardians, that family relationships are seriously disrupted, thereby causing the child emotional injury. Section 18 of the same Act gives the provision for the Welfare Department to take the child into temporary custody.

Why am I in agreeable with this measure? Even with Ridzuan arrested and placed in custody for contempt of court, he is still entitled to the normal legal channels and can file an appeal against the custody order made in favour of his ex-wife by the High Court. Only when ALL legal channels have been exhausted, and a final court decision has been made regarding these two cases then the Police should carry out the final order. With the children in custody of the State, the parents can have equal and neutral access to the children at pre-determined times, regulated by the Welfare Department. All conversions should go through a process where the original Identification Card be held by the religious officer performing the conversion, and the conversion to be registered at the National Registration Department for the converted to receive an Identification Card. The process should also include a meeting with the spouse/family of the person wanting to convert before any conversion to take place.

Now, back to the issue of the confiscated Bibles.

I have written at length on this issue earlier this year. I even provided the background why they can use Allah in Sabah, Sarawak and even Indonesia but not in Peninsular Malaysia here ,here and here.

The Majlis Agama Islam of Selangor (Selangor Islamic Religious Council) and the Jabatan Agama Islam Selangor (Selangor Islamic Religious Department) or known to many simply as MAIS and JAIS respectively, are adamant to uphold the Control and Restriction on the Propagation of Non-Islamic Religions Enactment, 1988 under which the Bibles in the Malay language are confiscated. May I remind everyone that the Enactment is a strict-liability State law, and not a law made under the Syariah context. It applies to all, non-Muslims and Muslims alike. On 11th June, the Attorney-General, Abdul Gani Patail announced that JAIS had erred in seizing the Bibles, and that no charges would be made, rendering the case closed.

Just as I thought the A-G as a useless human being in this particular post, I strongly believe that the statement he made and how he came to this decision are driven by grave errors. Firstly, the A-G had made irrelevant introductions to the case by treating the case as one that involves national security. This is because the A-G’s Chambers had recorded statements made by Home Ministry officials indicating that the Bibles do not fall under their purview, therefore do not involve national security. This, my dear A-G, is not about national security. It is about the dangers to public order and moral. Due to the statement made by the A-G on this matter, the Menteri Besar of Selangor, Khalid Ibrahim, will be meeting His Royal Highness the Sultan of Selangor to discuss the issue of returning the Bibles to the Bible Society of Malaysia. Making matters worse is the Prime Minister himself has seen fit to get involved in the melee that is a State prerogative by suggesting that MAIS meet up with the A-G to discuss way forward.

Here is what MAIS and JAIS should do in the case of the useless Attorney-General: go to court and apply for a writ of mandamus to compel Gani Patail to do the right thing. Gani has erroneously digressed from the crux of the issue and have added to the confusion of many, with the possibility of creating a wrong precedence. The A-G as a public officer should have carefully studied the issue AS IT IS, and not introduce irrelevant matters such as national security before coming to a decision.

May I remind MAIS that in the case of the A-G, to refer to Teh Cheng Poh @ Char Meh v. PP case where Lord Diplock who was a member of the Privy Council opined in 1978 that the Attorney-General had erred in allowing for the trial of a 14-year old juvenile in the High Court. The 14-year old was represented by the late Karpal Singh. Therefore, MAIS should apply for a writ of mandamus. Meanwhile, MAIS should also file a police report against Shah Alam MP, Khalid Samad, who suggested that MAIS’s authority over JAIS be removed, effectively usurping the powers of the Sultan of Selangor in an unconstitutional manner.

In both cases mentioned above, the rule of law must prevail and should not be allowed to be manipulated by anyone, especially by the politicians, and cool heads should prevail. Government agencies should also act without fear or favour in exercising the provisions of the law. Meanwhile, public officers who cannot perform tasks expected of them should be removed.

Gani said statements recorded from Home Ministry officials also indicated that the books did not fall under their purview and, thus, did not involve national security. – See more at: http://www.themalaysianinsider.com/malaysia/article/bible-seizure-case-closed-no-prosecution-says-a-g#sthash.J58v3D4q.dpuf

May 6, 2014

ESSCOM: The Toothless Cookie Monster

Just before midnight on Sunday, 4th May 2014, four heavily armed men dressed in army fatigues robbed four fishermen of their boat engines off Tanjung Labian, the scene of last year’s bloody incursion by armed Filipino men. Around 2.45am on Tuesday, 6th May 2014, just 51 hours after Sunday’s incident, five armed men also dressed in army fatigues kidnapped Chinese national, Yang Zai Lin from his fish farm on Pulau Baik south west of Lahad Datu. The Marine Police sent two fast patrol craft, a PA-class and a PSC-class, to intercept the boat the armed men used. There was an exchange of gunfire between them near Pulau Mataking but the armed men evaded capture in international waters after reaching the Sibutu islands, some 10 nautical miles from Mataking, quoting the Sabah Police Commissioner, Datuk Hamza Taib in The Star newspaper.

I cannot but agree with Kalabakan MP, Datuk Ghapur Salleh who was quoted to have said the following:

““Esscom is a toothless tiger. They have no command of the police or the army. It is better to get someone who has power.”

For those who have never been to that part of the world, let me first orientate you on the landscape.

As you can see in the map above, Pulau Baik (where the incident took place) is at the bottom left of the map, definitely more than 30 nautical miles away from Lahad Datu.

A map showing Lahad Datu, Semporna, and their proximity to the Sibutu islands of the Philippines

The distance between Pulau Baik and the fringe of the Sibutu islands is approximately 50 nautical miles. In calm seas and in a really fast boat, it should take an hour from Pulau Baik to the Philippines.

Mataking island and its proximity to the Sibutu islands

The distance between Mataking and the Sibutu islands is around 8 nautical miles.

Looking at the landscape, it would be erroneous to treat the whole area like any other borders that Malaysia has with its neighbours. And appointing a civilian to head trans-border armed incursions is downright negligence.

The marine police dispatched two patrol craft to intercept the armed intruders but stopped once the armed men were in their territorial waters for reasons only known to them. This morning’s incident is the third cross-border kidnapping incident in the areas controlled by ESSCOM.

The two fast patrol craft sent to intercept the armed men are very fast ones indeed (see photos below). Why they stopped once the armed men crossed into Filipino-waters puzzles me. I do not know how well read the people running ESSCOM are, but maybe they only read certain parts of the United Nations Convention on the Law of the Sea (UNCLOS) such as Paragraph 3 of Article 111 of the Convention that states the following:

“The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State.

Perhaps, Paragraph 2 of the same Article should have been read too! It says:

“The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.“

In this case, in fulfilling with Article 98 of UNCLOS, a breach by our patrol craft into the waters of the Philippines would have been a technical breach, with mutatis mutandis applied, based on an agreement between the Philippines (then Secretary of Foreign Affairs, Carlos P Romulo) with Indonesia and Malaysia in July 1977 allowing cross-border hot pursuits and a system for families to cross the borders, while Article 100 of UNCLOS empowers the Philippines to allow that arrangement to be in place.

A Royal Malaysian Police's PA-class patrol craft — A Royal Malaysian Police’s PA-class patrol craft

With regards to this, the former Chief of Navy, Admiral Tan Sri Ramlan Mohamed Ali RMN, proposed in 2000 (after the first kidnappings in Sipadan) specific designated sea routes for vessels to enter Sabah, and enhancing monitoring capabilities by installing surface search radars (Project 1206) on islands off Sabah. This was proposed in a meeting with the then-Chief Minister of Sabah, Tan Sri Chong Kah Kiat. This proposal would have enhanced security in Sabah, especially in areas now under the jurisdiction of the ESSCOM. However, when Chong Kah Kiat was replaced in 2003, the proposal was mostly forgotten.

Kidnapping for ransom in an area that had seen the death of several Malaysian servicemen defending the nation and later sworn to be defended from further incursions by armed Filipino men is unacceptable. Three kidnappings involving four hostages in a span of six months is disgusting. I am not sorry for standing by my opinion that the ESSCOM should not be headed by a civilian. ESSCOM, in my opinion, is not RASCOM. Although the RASCOM (Rajang Security Command) was set up by the National Security Council in 1972 to combat communist insurgency by the Kalimantan Utara People’s Party (PARAKU) chiefly in Sibu, Sarikei, Kapit and Mukah areas. There was not much cross-border incidents as the terrorists were mainly domestic, unlike in Eastern Sabah. In the ESSCOM area, the security forces struggle to deny people from the Philippines from landing in Sabah for both economic and malicious reasons. No matter how developed the ESSCOM areas may be, you will still get Filipinos who would do anything in Sabah for personal gains. The gold that can be found in Sabah is worth risking their life for, and there are tens of thousands just 50 nautical miles away who are willing to take that risk once in a while, group by group.

A Royal Malaysian Police's PSC-class fast interceptor similar to the one involved in the shootout near Mataking — A Royal Malaysian Police’s PSC-class fast interceptor similar to the one involved in the shootout near Mataking

If you look again at the maps above, both kidnappings took place on islands very close to the mainland. This did not happen on the peripheral islands such as Mataking, Mantabuan, Boheydulang or even Timba-Timba. It is a well-known fact that our waters in Eastern Sabah are very porous in nature. I however suspect that the kidnappings were executed by people on the way back to Sibuti from either the Lahad Datu or Semporna areas.

Last month, I was in Eastern Sabah and managed to speak to a few personnel involved in guarding the islands in that area. What I noticed different this time is that even the Army no longer has its Rover RHIB interceptors stationed on the islands of Siamil and Sipadan. In the course of a week I was in that area, five fish-bombing incidents took place in Siamil alone and there was nothing the Army could do about it as they did not have a boat to pursue the perpetrators. Red tapes caused by the formation of ESSCOM has slowed down procurement processes. I was also told by senior operations people on the mainland that they are even frustrated by the Director-General of ESSCOM for rejecting the military’s need to conduct clandestine operations in Lahad Datu and Semporna to flush out suspected sleepers (as I would term them). This clearly shows the lack of understanding by the DG of ESSCOM of military operations, and certainly of creating ESSCOM without giving due respect for defining its raison d’être with clarity and utmost conviction. You cannot run an agency that fights trans-border armed intruders like a government department. You are bound to fail miserably.

An Army personnel stands guard at Siamil island and can only watch boats go by

As mentioned in a blog post of mine that I wrote last year, Defence-in-Depth is the method that should and must be employed in Eastern Sabah. The first layer would have to be that of Force Projection – a term used to describe a nation’s ability to project power and exert influence in the ESSCOM area. This has to be achievable and has to be sustainable in nature. Firstly, all cross-border family members need to have their boats registered and each boat is assigned with a registration number that is stored into a database that can be easily accessed by patrol crafts, surface and aerial combat units. These registration numbers must be displayed on the bow of their pump boat. They can only enter via the designated routes that Admiral Ramlan proposed back in 2002. We have many shallow reefs in that area and manned stations or posts can be built where each boat wanting to enter will have to report to first layer posts to register their intention. Once their destination is made known, they will be issued with a colour-coded pass that they need to surrender at the second-layer post which would be at their destination. The process is reversed when they want to return to the Philippines. These first layer posts should be manned by the equivalent of an infantry section with RHIB interceptors at hand to intercept violators. Each of these posts would also house surface search radars that transmits radar data to a sectoral command center. Radar picket vessels should be on station to cover the approaches to and from Eastern Sabah and should cover all 1400 kilometers stretch. This is where the two of the Principles of War come into play: the Concentration of Force, and Economy of Effort. Obviously, based on my observations at Siamil and Sipadan, the Angkatan Tugas Bersama 2 (ATB2) is ill-equipped to carry out such tasks.

Basing of assets also need to be considered. While it is good to have major surface units such as the navy’s NGPV to be on station, these vessels are limited in endurance unless supply vessels are also available to re-supply and re-fuel. These vessels need to be on-station for weeks before they can be replaced by another surface unit. Major islands along the approaches from the outer limits all the way in should also have combat helicopters stationed on them. Combat helicopters carrying two PASKAL snipers each can be airborne in under ten minutes to intercept armed intruders. Certainly in the incident early this morning, the availability of such asset would have helped prevent the kidnappers from seeking refuge in their own territory. Auxiliary ships, perhaps smaller versions of the Bunga Mas 5 and Bunga Mas 6 operated by the Navy with the assistance from MISC need to be employed in these areas to support operations.

Good intelligence is important. There is nothing as valuable as good intelligence. More often than not, even during the February 2013 incursion that led to the Ops Daulat, intelligence played an important role. The coordination of good intelligence is equally important but I was told that such a thing does not exist under ESSCOM. Valuable intelligence remain valuable only if they are acted upon in the quickest possible time, thus commanders need to have a good grasp of strategic and tactical knowledge that their Decision-Action tempo has to overcome that of the enemy they are fighting. However as it is, the soldiers on Siamil and Sipadan can only watch if intruders sail past them at a safe distance.

On land, villages that may be used as hiding places for sleepers and intruders should be relocated at new villages and that would make effective the Chief Minister’s plan to introduce curfew in high risk areas. Cutting off the locals from the intruders would also help in identifying them and distinguishing them from locals. This is the area Mentek should be concentrating on as an Immigration officer and as an act for the Sabah people – weed out the illegals.

Of course, diplomacy has to be one of the layers of defence-in-depth. In pursuant of Article 100 of UNCLOS, the Philippines must render all assistance in the repression of piracy as well as in upholding the 1988 Convention for the Suppression of Unlawful Acts at Sea (SUA) that came into force in 2005.

Ops Daulat was not the first time that we have had armed incursions. on the 25th September 1985, 21 armed intruders dressed in Army fatigues attacked Lahad Datu town at 12 noon. The Royal Malaysian Police’s patrol boats PX29 and PX16, later supported by PZ14 cornered the intruders at Mataking and decimated them. While in pursuit, the marine policemen received an order from the then-Sabah Commissioner of Police to “not allow the pirates to live.” Such was the statement of the aim, clearly defined, and that order determined the outcome of the battle.

Eastern Sabah is not just any security zone. It is a zone that faces members of battle-hardened paramilitary groups that have been fighting the Government of the Philippines since the late 1960s. Therefore, protecting this zone means having to conduct military-like operations that should be handled by professional combatants and not by civilians. If the statement of aim of the strategy is to deny incursions, then it would have to be conducted with resolve and not through half-baked approaches or emulating other security zones whose methods are peculiar only to those areas, but not in areas managed by ESSCOM.

Leave defence of the nation to the professionals!

April 12, 2014April 12, 2014

MH370: Trial By Media

Ever since the disappearance of flight MH370, Malaysia has come under intense flak and have been accused of not being forthcoming nor transparent with information related to the search for and investigation into the flight.

As we all know, the disappearance of the 370 is unprecedented. In past incidents, demands flow when planes are hijacked; debris is found at crash sites. In this incident, we still don’t know how flight MH370 ended, and we can only guess where the plane might be. A coalition of nations is now searching for the airplane, and numerous false alarms have emitted from the search teams, but somehow Malaysia foots the blame for all that.

We cannot be filling in the information gap with fantasies that would lead to even worse form of speculation, but somehow the media, a foreign one in particular, is not contented with what has been presented to them thus far. This particular media even compared the lack of flow of information in the 370’s case with that of the Asiana crash at the San Francisco airport (SFO). Whether or not ethical reporting or common sense are present in that organisation, you cannot compare the 370 to the Asiana crash. Of course information was in abundance in the latter but it is only because it crashed at the airport. In the 370’s, we do not even know where it went down, let alone how! However, it would be futile to argue about ethics with a media organisation that could even fill in the information gap with absurd theories such as the Black Hole and the existence of another Bermuda Triangle.

The hunger for ratings and sensational news gets the best of this organisation. A month after the disappearance, it ran a story to suggest that the Royal Malaysian Air Force (RMAF) had scrambled fighters at 8am on 8th March 2014 to search for the missing airplane. I did a quick check with friends in the RMAF and they denied that fighters were scrambled. This is reinforced by categorical official denials by the Minister of Defence as well as by the RMAF itself.

This media then even suggested that the 370 flew at 4,000 feet to evade military radar near Pulau Perak only to re-appear 120 nautical miles away heading north-northwest. I hope that this media organisation realise that the USAF has spent trillions of US Dollars to acquire stealth aircraft such as the B-2, F-117 and the F-22. If a Boeing 777 could evade from military radar then the USAF was suckered into spending so much when they could have had a much cheaper solution in the 777.

Every time there is a press conference, although the information given, if at all available, is always about the search and rescue effort. However, all the questions posed by journos are about finding out who is to be blamed for the 370’s disappearance. More than twice that I have heard a journalist asking the CEO of Malaysia Airlines, Ahmad Jauhari Yahya, if he would resign. Had the journalists done their homework, Pierre-Henri Gourgeon only left Air France in 2011, two years after the Flight 447 tragedy, and only because of the merger between Air France and KLM.

In other incidents, airlines capped the duration of assistance rendered to the families affected by an aircrash to only one week. This has been more than a month yet MAS is still supporting the families. I am disgusted with people who are so thankless towards MAS despite the fact.

The media should know better that this plane is still missing and not a lot is known about it. As such, information may be scarce and not free-flowing. If there is nothing to be reported, then don’t report or speculate. You won’t do justice to the passenger, crew and their family members. There are other pressing issues that could be covered such as Crimea, the Rohingyas. Running down a country just because it hasn’t given you the information needed to increase your ratings certainly shows your immaturity and malicious intent.

April 4, 2014April 6, 2014

ESSCOM’s Failure: Who To Blame?

If you think it is disgusting that armed men believed to be from the terrorist group Abu Sayyaf could infiltrate our borders of the east coast of Sabah last November, shoot dead a tourist from Taiwan and kidnapped his wife, then again a few days ago taking a tourist from China and a resort worker away, guess what is even more disgusting? That the man above, the Deputy Minister of Home Affairs, had the cheek to say the following (as quoted by The Star:

Who are we to blame then, Wan Junaidi?

May I remind the Deputy Minister that ESSCOM was created on 7th March 2013 to ensure the security of the ESSZONE is taken care of in a holistic manner so there would be no recurrence of the Lahad Datu incursion and of other similar incidents. Maybe I can provide the Deputy Minister with a statement by the Prime Minister on Police Day 2013 that was posted on ESSCOM’s website.

ESSCOM is an agency under the Prime Minister’s Department to undertake the enhancement of security in the ESSZONE defined as 10 districts from Kudat to Tawau spanning 1,733.7 kilometers, to prevent recurrence of any form of intrusion by unwanted foreign elements. The method that should be employed to affect this is by applying the Defence-in-Depth concept that I wrote about in March of 2013 when ESSCOM was first formed. The military has worked with the police in a support role on numerous occasions starting with the First and Second Emergencies of 1948-1960 and 1968-1989 periods respectively, in various UN missions such as to Cambodia, Liberia, and Timor Leste. The military also supported the operations conducted by the police in Ops Daulat last year, and since then the military and police have conducted basic recruit training jointly at the Army Recruit Training Centre in Port Dickson to enhance better understanding between the two. Therefore, the issue of one not being able to accept orders by the other does not arise. In any case in peacetime, the command of the police prevails and the military plays a supporting role, and this has always been case. The Immigration however, does not have any experience in operational security as they only act as filters to immigration, and not experienced nor trained in deploying combat assets. It is no secret that the southern Filipinos have no respect nor fear for our Immigration Department. They only fear our police and the military.

I don’t subscribe to Wan Junaidi’s remark that the resorts should close down. They have been in existence even before the formation of ESSCOM. They are still located within our littoral zones. Should they not be protected? Should there not be security forces stationed at these resorts as there is on Mataking, Mabul, Sipadan, SiAmil and other islands? If the resort owners do not cooperate, what is the problem? Who makes the policies? Can’t action be taken against resort owners who do not respect policies? Stop giving stupid excuses, Wan Junaidi, and start behaving like a Deputy Minister. If ESSCOM cannot even get the buy-in because it does not have the will to enforce and execute policies, it should be disbanded and leave it to the police and military to run an enhanced version of Ops PASIR. The Immigration Department should just go back to stamping passports and weed out illegal immigrants.

So, who is to be blamed, Wan Junaidi? Who is to be blamed for appointing a non-combatant to take charge of a combat situation? Who is to be blamed if as a result of the appointment two armed incursions have taken place resulting in the kidnapping of three people and the death of one? I will blame Wan Junaidi for making stupid statements, one after another, and blame the government for making him a Deputy Minister.

March 26, 2014March 26, 2014

MH 370: Is It Fair To Blame Malaysia By Saying She Was Slow To React?

Prologue

On ~~Sunday, 23rd~~ Monday, 24th March 2014, the Malaysian Prime Minister announced that based on the findings of the UK-based Aircraft Accidents Investigations Board it was concluded that the flight of the MH370 ended in the southern Indian Ocean.

This was met by heavy criticism in particular by families and relatives of the passengers who are in Beijing. This is understandable. As humans, we always cling on whatever glimmer of hope there is that our loved ones will somehow appear unscathed. I went through this when my brother passed away three months ago. I kept thinking that this was all a bad dream and that I would wake up to my brother’s jokes, laughter and hugs again. However, such hope should be balanced with situational logic – the acceptance of reality and that should help overcome the pathological grief a person would have. The sooner one accepts reality, the sooner the trauma will heal.

This pathological grief will get prolonged not only if one refuses to accept reality, but also by irresponsible acts to promote hope. Hope is the act of prolonging the arrival of the inevitable. I will here chide the opposition parliamentarians who call upon the government to provide physical proof that the MH370 had indeed crashed. May I just forcefully drag everyone to the reality that the aircraft cannot fly for 19 days; based on the Doppler effect triangulation the last possible location of the aircraft points to the extremely unforgiving southern Indian Ocean. If anyone, just any one person could survive the extremities of the whole situation, then let us just call that a bonus from God. While hope is good to a certain extent, my only hope is for the black boxes to be located before the batteries run out.

The search for debris is not going to be an easy task even on a normal day. Australia’s Prime Minister has described it as “looking for a needle in a haystack, but having to find the haystack first.” I would take that a step farther by saying it is like looking for hundreds of pieces of one single needle in a haystack that has yet to be found. How is that as a perspective? Now add nine-metre waves with lots and lots of whitecaps into the equation.

I take offence at a statement by representatives of the families in Beijing, as well as members of the foreign media, AND the Quislings amongst us here in Malaysia that we (Malaysia and its military) have murdered the passengers and crew, and that we have either been hiding or not been forthcoming with information or both. Malaysia has been providing all information pertaining to this incident on a daily basis, and even to the extent of sharing sensitive military data that has jeopardised its defence just so to render search and rescue efforts more effective. With the information made available to me as well as by Andak Jauhar’s analysis of the MH370 incident I shall draw a timeline so readers would understand why was the SAR conducted in the South China Sea, when exactly was SAR expanded to the west of Peninsular Malaysia, and how fast did information flow in. All times quoted in this timeline is Malaysian time (UTC +8):

08 March 2014

0041 – MH370 took off from the Kuala Lumpur International Airport with 227 passengers and 12 crew members bound for Beijing with an endurance of approximately eight hours.

0107 – the Aircraft Communications Addressing and Reporting System (ACARS) made its last transmission on the aircraft’s performance. All systems were running as per normal. Next transmission was due at 0137 hours.

0119 – a person believed to be the co-pilot acknowledged the handing over of the MH370 from Malaysia’s Flight Information Region (FIR) to Vietnam’s FIR. His last words were, “Alright, goodnight.”

0121 – the secondary radar at Subang’s Air Traffic Control centre lost contact with the MH370 over waypoint IGARI at 06.5515N 103.3443E, after a deliberate act of turning off the transponder as well as other communications equipment. The aircraft was then at 35,000 feet above sea level. However, the aircraft continues to be tracked by the Royal Malaysian Air Force’s (RMAF) primary radar and had its flight path towards waypoint VAMPI monitored and recorded by RMAF’s Air Defence Centres.

0215 – RMAF’s primary radar consistently monitored the path of the MH370 from waypoints VAMPI, GIVAL before finally losing track of it after waypoint IGREX while flying at 29,500 feet above sea level.

As a Contracting State to the ICAO Convention of 1944, Malaysia assumed the role of the Rescue Coordination Centre under Annex 12 of the Convention for the MH370 Search and Rescue efforts because the MH370 had yet to enter Vietnamese FIR control (its radar had not detected the MH370 yet when she changed her flight path). Based on sightings of debris, the Search and Rescue efforts concentrated at its last known position near waypoint IGARI.

0630 – MH370 was to have arrived in Beijing.

0811 – the last handshake between the MH370’s navigation system and an INMARSAT satellite was made.

1017 – Rear Admiral Ngo Van Phat of the Vietnamese Navy announced that the MH370 may have crashed about 153 nautical miles (300km) from Tho Chu island, near Ca Mau. This statement was carried by Tuoi Tre News and was subsequently picked up and released by Reuters at 1302 hours, sending SAR assets into the area.

1730 – based on the flight path monitored by the RMAF, the SAR effort was also expanded into the Strait of Malacca.

09 March 2014

– search around Tho Chu island failed to yield anything.

– the SAR efforts were expanded into the Andaman Sea. The RMAF’s sensitive radar data recordings have been shared with the SAR authorities.

10 March 2014

1343 – Vietnamese news agency Tuoi Tre reported that a passing aircraft from Singapore spotted an orange object possibly a liferaft or a lifejacket 177km northwest of Tho Chu island. SAR assets deployed later identified this object as a cable wrap.

11 March 2014

The Malaysian Chief of Air Force issued a press statement refuting a report by the Malaysian daily Berita Harian that quoted him as supposedly saying the aircraft had flown towards Pulau Perak.

12 March 2014

The official website of the State Administration of Science, Technology, and Industry for National Defence of China (SASTIND) showed pictures of three objects spotted in the South China Sea believed to be related to the MH370. These photos were then shown to the public by the China Central Television (CCTV), Xinhua News Agency, CNN, BBC and also by other foreign news agencies. According to SASTIND, these images were taken at latitude 6.7N 105.65E at 11.00am on 9th March 2014.

SASTIND website showing debris thought to be related to the MH370

Hence, SAR assets were again sent to verify the findings which we now know were false sightings, but not before more time and concentration of vital resources have been wasted.

14 March 2014

– search was expanded into the Indian Ocean.

15 March 2014

The Malaysian Prime Minister announced that the object tracked by the RMAF’s primary radar was indeed the MH370. This conclusion was made based on processed data acquired from INMARSAT and concurred by the FAA, NSTB, AAIB and the Malaysian authorities.

20 March 2014

The Australian Prime Minister announced satellite images showing large debris in the southern Indian Ocean. The image was taken four days earlier.

22 March 2014

The Chinese government announced that its satellite had found debris in the southern Indian Ocean. That image too was taken four days prior to the announcement.

24 March 2014

The Prime Minister of Malaysia announced that based on triangulation of handshakes between the MH370 and satellites, the flight ended in the southern Indian Ocean.

The rest is academic.

Epilogue

The timeline displayed above shows how Malaysia has, from Day One, been moving as fast as it could to get to the correct pointers only to be side-tracked by false and unverified sightings. Malaysia has also been sharing everything, and literally everything including data of its sensitive military capabilities, as well as air bases so the search and rescue effort would benefit the best out of the information made available to them by the Malaysian authorities.

The timeline above also displays the average time of four days needed for satellite images to be processed before they can be safely suggested to the search and rescue teams.

What the timeline above suggests is that while the authorities are working hard to find the missing aircraft, the families as well as the public in general ought to exercise patience and restraint in their quest to know what happened. The media should be more responsible in reporting the incident as well as the search and rescue efforts as not only will the effects be adversely negative, but irresponsible reporting provides false hopes to the family that are put on an emotional roller-coaster ride on a daily basis.

And to those who call themselves Malaysians but continue in bashing whatever effort the government offers in bringing this episode to a closure, I doubt you qualify even a place as a zoological display for despicable animals.

Shame on you.

March 20, 2014March 20, 2014

MH370: I Speak Out

This posting is made with the above in mind. A lot has been said about the disappearance of the MH370. Most of what has been said are purely speculations, with some that might have qualified to be nominated for best screenplay at the Academy Awards. I, too, have some idea of what might have happened but I put them aside so I could listen to the daily press conference with an open mind. I will also attempt to maintain some form of ethics because I also have the feelings of the family of the passengers and crew in mind when I write this.

The Royal Malaysian Air Force (RMAF) has come under intense attack by both foreign and local media alike. The Air Defence system has also come under intensive fire by members of the opposition party for its failure to detect the MH370 upon deviating from its intended path and the subsequent failure to scramble our fighters. Some even say our air defence personnel were asleep on the job, and that at least one air defence radar was not working.

It is easy for keyboard warriors to criticise the RMAF without knowing what or how our air defence systems work. Perhaps when they think of an air defence system, they had the following in mind:

Why I write this is to give a general understanding of how our air defence system works, and what really happened that night. I have been generally quiet on this matter as at the time of writing, I am grieving the passing of my younger brother exactly 100 days today. But duty calls, I guess.

I left the RMAF almost 20 years ago. A handful of my squad-mates are still serving senior officers. Back in September 2012, a number of bloggers (including I) and some senior editors of the Malaysian media (including those that are opposition-leaning) were invited to a media open day organised by the then Minister of Defence. Everything was displayed to us, including some of the very sensitive information, so that we could acquire enough background and understand how the RMAF works. Out of the 80 or so people who were there that day, I guess I am the only one to come to the defence of the RMAF.

First of all, this is how a typical air defence centre looks like from the inside:

It is no longer the one-man show you see in the movie “Tora! Tora! Tora!” There are several air defence centres around Malaysia covering both the Peninsula, Sabah, Sarawak and FAR beyond. I have a photo of how far our air defence radars reach, but although I was allowed to take photos of the main display, I opt not to put it up here. Suffice to say, what we have is enough to tell us way ahead if a hostile aircraft is approaching our airspace. When we were at the air defence centre, we were shown a live interception of two bogeys by two of our MiG-29N interceptors.

If I may say, what we all saw on the screen was what would have been seen by all the operators of the other RMAF Air Defence Centres around the nation that if one failed, it would not jeopardise what the others could see.

During this display, not one journo nor blogger could come up with a sane question related to what was shown to them. In the end, I and a few of my blogger friends had to ask the questions to get the RMAF clarify on issues that the media and bloggers have been attacking them on. Even the Deputy Chief of Air Force, Lieutenant General Dato Seri Haji Roslan bin Saad thanked me for my participation and for helping the RMAF clarify some issues.

Let us go back to that wee hours on Saturday, 8th March 2014. MH370 took off from Kuala Lumpur International Airport at 0041 hours (Local Time). At 0107 hours, the Aircraft Communications Addressing and Reporting System (ACARS) transmitted that all was well with the aircraft.

The aircraft soon after arrived at waypoint IGARI, about 78 nautical miles from Redang island, bearing 056 degrees) which is a point in the South China Sea between the Malaysian border with Vietnam. At this point, Lumpur Flight Information Region (FIR) would hand over the control aircraft to Vietnam. At 0119 hours, a person believed to be the co-pilot transmitted the final vox transmission, “Alright, good night.” At 0122 hours, the aircraft disappeared from secondary radar coverage without any distress call suggesting its transponder had been switched off by someone on the flight deck. However, it was only at 0240 hours that Malaysia Airlines was notified.

The RMAF Air Defence radars saw the MH370 tracked West Southwest to waypoint VAMPI (68 nautical miles East Northeast of Lhokseumawe, Indonesia), then Northeast to waypoint GIVAL (69 nautical miles South Southwest of Phuket International Airport) before tracking Northwest towards waypoint IGREX (100 nautical miles East Southeast of Car Nicobar airport on India’s Nicobar Islands), the last known position according to the primary radar. Where MH370 went to after this point is unknown at this point, but I believe the Indian Air Force’s Andaman and Nicobar Command’s primary radar there would have caught the MH370 in its scope.

So, if the MH370 was seen to deviate from its intended course, why didn’t the RMAF scramble its fighters to intercept the airliner?

Every bogey (unknown aircraft) would be tagged by an Air Defence Officer and this data will be processed to ascertain whether it was a threat to air defence or otherwise. In the case of the MH370, it was not regarded as hostile. Is this a weakness on the part of the RMAF? Mind you three jetliners took down the World Trade Centre towers as well as the Pentagon in the sophisticatedly-defended United States of America.

Should our fighters have been scrambled? If you remember, the MH370 was no longer in our airspace. When the MH370 tracked West Southwest from IGARI to VAMPI, she did not cross Malaysian airspace. She flew over Thai airspace and into Indonesian airspace, then tracked up to GIVAL near Phuket and subsequently to IGREX near India’s Nicobar Islands (see below).

When she tracked from IGARI to IGREX she entered an area with two Royal Thai Air Force fighter bases namely the RTAF 7th Wing in Surat Thani and the 56th Wing in Hat Yai. They, too, were not scrambled. Nor were the fighters of the Indonesian Air Force (TNI-AU) scrambled from Lhokseumawe or Banda Aceh in Aceh, or Suwondo in Medan. If you think the Indonesians are as incapable as the RMAF, they forced a US military transport down without scrambling their fighters at their base in Banda Aceh on 20th May 2013 for entering Indonesian airspace without proper clearance.

The Chief of Air Force, General Tan Sri Dato Seri Rodzali bin Daud have explained that the RMAF did not see the need to scramble its fighters as the blip on the primary radar was deemed not hostile, and that there was nothing wrong with the air defence system. I just find this attack on the RMAF as another cheap publicity shot by a bunch of losers who do not know how things work and why, and would just take pot shots and see what gets hit.

I know the RMAF I see now is a far advanced RMAF than the one I left almost 20 years ago, and I have faith in the officers, men and women in their capability to defend this nation. I cannot say the same for the group of losers bent on hitting out at any institution of His Majesty Yang DiPertuan Agong.

To these losers, please just STFU!

February 24, 2014February 24, 2014

Enough Water For All In Selangor

I did not say that. Khalid Ibrahim did, on 19th July, 2010! In fact, he and his band of experts including Elizabeth Wong refuted claims that Selangor would need water rationing come 2014, dispelling claims by experts from the water industry that it would. Khalid went on to say that there is no need to hasten the Langat 2 water treatment plant project citing his experts’ view that there would be enough water in the state until 2019! Best still, his sympathisers went to town planting seeds of hatred and paranoia saying the BN government would pull no punches in proving that there would be water rationing come 2014.

Oh, guess who said what on the 24th February 2014?

Again, I did not say that. Khalid Ibrahim did. I guess by now people should realise that even with a god-sent character in PKR, God has decided to side those who are in favour of the Langat 2 water treatment plant project.

Just quit playing politics and give us our treated water!

Populism Does Nothing

Yesterday, Deputy Prime Minister Muhyiddin Yassin announced that there will not be any toll rates hikes for 2014. To BN supporters, this is a form of a coup de grace to the speculation made by the Opposition that there would be a toll rates hike. As a sacrifice, the government will have to fork out RM400 million to pay the toll concessionaires.

If I may shoot the euphoric atmosphere down, the announcement does not guarantee that there would not be a hike post 2014, and road users such as I will still have to grind our teeth in expecting the imminent.

The move, to me, is just another attempt at improving the government’s popularity rate especially that the support for Najib Razak’s government is at its lowest I was told. In short, this is another short-sighted and myopic plan to win the people’s support.

What the Najib government may not realise is that only people in Kuala Lumpur live having to pay toll commuting to work or to get from one point to another on a daily basis. Using RM400 million of taxpayers’ money for the benefit of only nine percent of the population has to be one of the silliest plans ever. People in Perlis, Sabah, Sarawak hardly pay any toll.

How the RM400 million would probably benefit all is by pumping the amount into fuel subsidies which would have made more sense to a layman like me. I spend RM600 on an average month on petrol. I just wish Najib would kick his useless advisers out for daring to even suggest such a stupid scheme.

January 28, 2014January 28, 2014

By Allah! Another By-Election, Another Waste of Taxpayer’s Money

The PKR state rep for Kajang has resigned paving way for another by-election. The reason given was “to enable to strengthen Pakatan rakyat’s ability to service the constituents.”

I do not know who is dumb or who is dumber. The former Kajang rep for making that statement, or Pakatan Rakyat for nominating a self-confessed non-performer to contest the seat during the last general elections. Or maybe it is the people of Selangor themselves who love being duped time and time again. I am not saying that Barisan Nasional is all good, but imagine how much does a by-election cost. Serve for less than a year and you suddenly feel it would be better for someone else to replace you.

But if you ask me, this has been orchestrated by the those with real political power in Selangor.

Photo of a tweet by Philip Golingai.

Some people say this sudden exit by the ADUN is because of the spat between Khalid and Azmin Ali. I say it is about the confiscated bibles. If you read carefully this article by a pro-opposition mouthpiece hiding behind a legal body condemning Khalid for inaction towards the confiscated bibles.

There is a list of 25 or so items, words if you may, that cannot be used in non-Muslim publications. The only person in the state with the power to drop this list is none other than the Menteri Besar himself.

It took Khalid six days to issue a statement on the confiscation of the bibles, and then did nothing further, especially after the State Exco for Islamic Religious Affairs urged the people to abide by the decree issued by the Sultan of Selangor regarding the issue.

Enter Sivaji himself who asked for the return of the bibles. Two weeks later, he was named as Pakatan Rakyat’s candidate to contest the Kajang state assembly seat, possibly paving his way to become the MB. This could also be paving the way to allow changes in the state’s Syariah enactment and possibly allowing the 25 words including Allah to be used in non-Muslim publications.

Last year in Kajang, the Chinese votes were solid behind PKR, while the Malays were split to the core. It would be interesting, especially for Islam, to see how the Malays would vote in this by-election.

January 25, 2014January 25, 2014

The Definition of Integral

When the Turks charged at the British lines during the Battle of Gallipoli, they cried “Allahu Akbar.” The British soldiers retorted, “Come and get your Allah here!”

If the same British soldiers are here now, they would be utmost disappointed that the Christians in Malaysia now want to accept Allah – the name of the God they believed to be false – as the special noun to replace the word “god”.

Why am I still on this issue? Some lawyers now say whatever decree the Agong issues, is not binding for non-Malays and non-Muslims.

Fine. The Malay Rulers may not have intrinsic powers left apart from dissolving or withholding a cabinet or state assembly, appoint a Prime Minister or a Menteri Besar, and protect the religion of Islam and Malay customs. I shall not dwell too deeply into this but my friend SatD has written a very good piece on this in his blog Pure Shiite.

What is most important is that when the Selangor Islamic Religious Department (JAIS) confiscated those Bibles containing the special noun “Allah”, they were acting on the provisions of Section 9 of the Selangor Shariah Criminal Enactment which prohibits the use of 25 or so Islamic words and nouns in non-Muslim publications. You will be committing a crime merely by having one in your house or car, let alone propagate one to a Muslim (or more).

What does the Shariah enactment have to do with non-Muslims, you may ask. Everything! It is NOT an Islamic law, it is a State law! Actually, it is a State Criminal Law! And a state criminal law applies to all be they Muslims or otherwise. And it is a STRICT LIABILITY law! Like I said, you have one, you break the law!

You constitutional law sexperts may also argue that the law is unconstitutional. It may be so. But it is the state law until and until a Constitutional court decides otherwise.

Oh, cry foul all you want and claim that the Apellate Court judges were all Malays. This is the part that I do not understand. All these challenges to the decision of the Apellate Court may be a norm to some of you common criminals and petty lawbreakers; the judges may not even hazard to act against them but the person who should be taking action, the Attorney-General, should. It is in contempt of a court ruling. What does that tell me, a layman? The A-G is simply useless for allowing lawlessness become a norm.

When Muslims cry foul to the Christians saying that “Allah” is an integral part of Islam, it is because the concept of trinity is an antithesis of the “Oneness” of Allah. The special noun refers to The God, One and Only God. Not a God that needs a trike to be able to “stand.”

The Christians lashed back saying that the Muslims should not tell them what is integral and what is not to them, saying that Allah is integral to the Christians. Else why quarrel over the special noun?

The word “integral” means something that if not present, does not complete something. Like tyres to cars.

Let me ask them this: if “Allah” is integral to the Christian faith, does this mean that the Popes, for 2,000 years, all the way from St Peter Petrus, have gotten it all wrong?

Maybe those adamant to use the special noun “Allah” can now shout to the Pope to come get his “Allah” here.