Will MACC Not Act Again?

  
Today, Datuk Huan Cheng Guan has lodged a report against Lim Guan Eng on the No.25 Jalan Pinhorn property issue and how it is linked to the Taman Manggis land sale.

Earlier, Lim Guan Eng mentioned in a press conference that he had no knowledge that the Taman Manggis land had been earmarked for the construction of low-cost affordable homes. Perhaps Guan Eng also suffers from memory loss like Mahathir:

  
The MACC, probably under pressure to do something as the spotlight is now on the agency, has announced that an investigation paper has been opened on the Lim Guan Eng case:

  
A previous investigation on Lim Guan Eng was forwarded to the MACC HQ in 2010 but there was no further action – not even forwarded to the then-Attorney-General, not even to its oversight panel. Of course there wasn’t any donkey cries as in the recent case of the SRC/1MDB. Let me recap:

12-02-2010, 06:58 PM

GEORGETOWN: Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) Pulau Pinang sudah menyerahkan kertas siasatan berkaitan kos ubah suai dan sewa banglo mewah Ketua Menteri, Lim Guan Eng, kepada ibu pejabat suruhanjaya itu di Putrajaya, bulan lalu.
Perkara itu disahkan Pengarah SPRM negeri, Datuk Latifah Md Yatim, pada sidang media di pejabatnya di sini, pagi ini.
“Kami sudah serahkan kepada ibu pejabat untuk tindakan lanjut,” katanya yang enggan mengulas lanjut.
Julai lalu, Pemuda Gerakan Pulau Pinang, membuat laporan kepada SPRM berhubung kos pengubahsuaian banglo mewah yang disewa Guan Eng di Jalan Pinhorn di sini.
Laporan itu dibuat selepas Guan Eng tidak memberi maklum balas terhadap permintaan Gerakan yang mahu beliau menjelaskan isu berkaitan banglo sewa itu termasuk nilai sewaan.
Ketua Menteri berpindah ke banglo berkenaan kerana kediaman rasmi, Seri Teratai di sini, mengalami kerosakan serta banyak anai-anai.

Pada sidang media itu, Latifah juga memaklumkan tiada tindakan pendakwaan terhadap mana-mana pihak berhubung dakwaan Aminah Abdullah bahawa beliau cuba disogok supaya menarik diri pada pilihan raya kecil Dewan Undangan Penanti, Mei lalu.
“SPRM memperakukan tiada mana-mana pihak akan didakwa dalam kes ini,” katanya.
Menjelang pilihan raya kecil itu, Aminah yang bertanding atas tiket Bebas mendakwa didatangi pemimpin Parti Keadilan Rakyat (PKR) dengan menawarkan jawatan Yang Dipertua Majlis Perbandaran Pulau Pinang (MPPP) dan wang tunai RM80,000 supaya menarik diri daripada bertanding.
Aminah, yang juga bekas Ketua Wanita PKR negeri turut mendakwa PKR menawarkan jawatan Timbalan Ketua Menteri I jika beliau menang pilihan raya kecil itu, dengan syarat menyertai semula parti itu.

Beliau mendakwa didatangi seorang pegawai kepada Exco kerajaan negeri dan seorang ahli majlis PKR negeri untuk membuat tawaran itu.

So when an investigation paper on a member of the Opposition gets to the MACC HQ, it enters a black hole.

We will see how far will this “investigative” effort get. Perhaps, it will be just another NFA.

By the way, does anyone still remember that there was an allegation of abuse of power by a senior ranking MACC officer but was dismissed by the MACC top man? Apparently there already was a police report being made on that in Kota Bharu just after when the alleged abuse of power took place. No action was taken.

Recently there was another report made in the Klang Valley by the same complainant on the same allegation involving the same MACC person. So far that too has been met with silence on both the PDRM and the MACC side.

Is the MACC covering for the wrong-doings by its ranks?

Endorsing The Enemy

Almost three years ago the nation witnessed the slaughter of several police officers and men by a bunch of low-life thugs from the Southern Philippines, men of the self-proclaimed Sultan of Sulu, Jamalul Kiram III landed in Kampung Tanduo in Lahad Datu and demanded for the return of Sabah to the Sultanate.

 
The women above lost their husband and their children have lost forever a normal life.

Anwar Ibrahim, too, lent support to the thugs. He met up with Nur Misuari before the incursion and Jamalul Kiram III openly announced his support for Anwar as the new Prime Minister of Malaysia should BN fall during the 13th General Elections.

   
 
Treachery must run deep in Anwar’s family. On the 9th November 2015, his daughter and MP for Lembah Pantai, Nurul Izzah, went to lend her support to Jacel Kiram, daughter if the now rotting Jamalul Kiram III. Talk about insensitivity! Jacel Kiram still claims that Sabah belongs to Sulu.

  
To add insult to injury, DAP’s Teresa Kok had this to say to reporters about Nurul Izzah’s visit:

  
The visit is not serious, she said, and the events that took place at Kampung Tanduo is a bit of an old story.

I hope she could tell China to now stop asking for an apology from the Japanese, and that the Jews should forget the Holocaust ever happened.

Whoever votes for these MOs again ought to be castrated and raw iodine poured on their wound.

Dragnet

I agree with the statement by the former IGP Tan Sri Rahim Noor that the PDRM’s Commercial Crime division should commence an investigation into the 1MDB (The Star: Cops Must Probe 2009 Deals of 1MDB ).

The police does not require a report in order to look into the deals of the 1MDB. However, given that others agencies including the Auditor-General’s office is still probing the company, it is only appropriate for the police to await the outcome of the probe. If there is an element of wrong-doing, it becomes a crime and it would be much better for the police to step in then.

However, I would take a step further to also probe past deals involving GLCs to see if there had been abuse of power as well as misappropriation of GLC funds.

Only that would be fair for the rakyat.

Stop Breathe Think Act

Stop, think, breathe, act. It is a life-saving rule in times of trouble.  Monkeys are not known to be capable of acting this way.

Here, have a read at this first:

Press Statement by YB Zuraida on IGP Tan Sri Khalid Abu Bakar

2 September 2014

The IGP has gone overboard with his latest arrest of the Penang Voluntary Patrol Unit (PPS). As IGP, he cannot simply declare any society as illegal and should go through proper procedures. Any society unregistered with the ROS must first be declared illegal by the ROS like Hindraf. There must also be proof that the society had tried to register with the ROS and was declined its registration.

The scenario for PPS is different. PPS is part of the Penang State Government body and comprises of the state exco members and state assemblymen.

The IGP should be aware that he is a public servant and that the public’s interest comes first. The police force should not be used as a means to oppress the public.

PPS had always been a voluntary unit to help the community in emergencies and disasters. If the PDRM had been efficient, there would be no need for volunteers to step up and help the police in their work. These volunteers sacrifice their family time just to make their neighbourhood a safer place to live in. Due to the community spirit and selflessness of these PPS members, crime rates in Penang have gone down.

PPS was set up many years ago. There is no reason why the IGP should suddenly and unjustly call it illegal and start to crackdown on these innocent volunteers when all along, these PPS members report to their respective neighbourhood police stations before patrolling the area. Threatening to raid the homes of these volunteers unless they surrender themselves to the police is also absurd and an abuse of power.

The IGP has shown very weak leadership.

In the case of Victor Wong and Nasrul, both who offended the IGP by describing him as Henrich Himmler and Anjing BN respectively, and subsequently being directed by the IGP that both be investigated by the Police Cyber Investigation Response Centre (PCIRC) shows a lack of tolerance for personal opinion. Even after Victor Wong tweeted an apology to the IGP and PDRM, Khalid is bent on taking action against the two under Section 233 of the Communication and Multimedia Act 1998 and Sedition Act 1948.

These heavy-handed clampdown on those in opposition towards the Federal Government is a repeat of Operasi Lalang.

The IGP should be reminded that the PDRM is not his personal army.

YB Zuraida Kamaruddin
Ahli Parlimen Ampang
Ketua Wanita Keadilan

I instantaneously burst into laughter after reading the statement above. Of course, Zuraida aka Mak Lampir is just one of those Lab Monkeys the PKR fielded in 2008 and never expected to have won the seat.  Perhaps she, like Wan Azizah, need to have a good grasp of their surroundings and of current affairs before coming up with such bravado (Wan Azizah still thinks that the Lembaga Letrik Negara or LLN still exists!).

The Royal Malaysian Police only affected the arrest of more than a hundred members of the illegal Persatuan or Pertubuhan Peronda Sukarela (PPS) or whatever you call it by on the 31st August 2014, that Lim Guan Eng claims to have been set up four years ago under the powers vested to the Penang State Government to assist the police in crime-fighting.  However, members of the PPS have been seen putting up DAP party flags and banners instead and have been involved in acts that are extrajudicialis.  Nothing much is known about the PPS despite having been set up for four years. No paper work, no guidelines, nothing.  It is just a band of vigilantes set up in the name of the state government.

 

The action by the police was taken after a warning was issued for the PPS NOT to gather on the 31st August 2014.  This was after the letter below dated 26th August 2014 from the Registrar of Societies was received:

Letter from RoS on the status of the PPS
Letter from RoS on the status of the PPS

With such information in hand, only idiots like Zuraida and those who support her still think that it is absurd and an abuse of police power for going after the members of the PPS.  Lim Guan Eng’s feeble attempt at equating the PPS to the JKKK is also a funny act.  The JKKK (Jawatankuasa Keselamatan dan Kemajuan Kampung) is formed under the local government to become a committee to channel issues affecting the socio-welfare, development and security of a kampung.  They do not have extra-judicial but absent powers and do not wear any uniform like that of the PPS.

Sméagol and Gollum. Innocent and dangerous at the same time.
Sméagol and Gollum. Innocent and dangerous at the same time.

If Lim Guan Eng is so adamant that the police in Penang are short-handed, why not utilise the funds paid tot he PPS members to provide allowances to support the RELA and Rukun Tetangga initiatives, both which are legal organisations empowered to assist the police when needed? Why the need to set up a shady uniformed organisation that has no guideline whatsoever and does all DAP’s biddings?

Anyway, as I mentioned, Zuraida is a lab monkey from the 2008 era. Had she read the letter from the RoS above and understood its content and where it falls on the timeline, she might not have issued such  press statement that excites the public’s disaffection against the administration of justice.

Zuraida Kamaruddin's press release smacks of seditious tendencies
Zuraida Kamaruddin’s press release smacks of seditious tendencies

As other lab monkeys gone rogue, she needs to be hauled up too!

 

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
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
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

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.

Map showing Lahad Datu and Pulau Baik
Map showing Lahad Datu and Pulau Baik

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
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
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
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!

Malaysia: Fatigue At 50

Photo by Patrick Coston
Photo by Patrick Coston

As Malaysia approaches its 50th year, I cannot help but think that while being in its infancy this nation is ageing far too fast and is fast being tired of itself. The cohesiveness of its people in the run up to the events on the 31st August, 1957 and 16th September, 1963 is fast coming undone. Many a times have I written on how far more cohesive we were immediately after the 13th May, 1969 tragedy than we are now, despite claims of how far more mature we are in the political sense. That may be true, but we behave like immature kids behaving like we are politically mature.

Elements once found destructive, such as Communism, is now being looked up to. A few days ago, left-leaning students were audience in a forum that had a former member of the all-but-defunct Communist Party of Indonesia, and students were seen wearing t-shirts glorifying Tan Malaka, a Marxist who once lived in Indonesia. To add insult to injury, Karpal Singh has also been reported as supporting the move to allow former leader of the Communist Party of Malaya, Chin Peng, to return to Malaysia. Of course, humanitarians would argue that there is nothing wrong with allowing an octogenarian back to the land he was born in, and liberals would think the same. I hope these same people would also condemn Israel for still hunting former Nazis and tell the people of Cambodia they should forgive the Khmer Rouge.

For whatever reasons too did the police not act previously on criminal elements. The removal of the ISA and the Emergency Ordinance rendered the police virtually helpless in its fight against crime, let alone be able to maintain peace and order and breathe at the same time. Kudos to the good teamwork of the present Inspector-General of Police and the new Minister of Home Affairs. We have not seen this kind of teamwork since the days of Tun Dr Ismail – Tun Salleh, and Tun Ghazali Shafie – Tun Haniff days.

I have read comments from politicians from both sides of the political fence who are against giving the police emergency powers and say that the police should learn from their British counterparts on how to police the law without having firearms. Britain, for those who did not study geography, is an island, unlike Malaysia that has land borders with neighbours. A simple ferry or train ride from the European continent requires passengers and luggages to be scanned. My former college mate who is now a Chief Inspector in the Thames Valley Police lamented how he sometimes wish he was given a gun, especially in the wake of the two incidents where two women constables were gunned down by armed criminals. Imagine our police fighting crime with porous borders.

The introduction of the proposed Criminal Prevention Act should hopefully allow the police to conduct interdiction strikes on hardcore crime gangs. This Act will allow the police to hold criminal elements for up to 70 days pending trial. I have not seen the draft in full but I am sure it will uphold the rights of those who want peace.

Was there political interference in the police’s operations before the new Minister and Inspector-General came into office? I would leave that to the former Inspector-Generals to answer. But I know a gangster was awarded one of the highest Federal titles. How his name had made it through police vetting definitely puzzles me.

I know for sure there are politicians from both sides of the political fence whom have been seen with criminal elements, and photographs of these politicians meeting with criminals exist. These are prominent politicians and I know the police has full knowledge of this. Whether their presence with the criminals is for political or for personal reasons, only they and the police can answer this.

Former IGP Tun Haniff Omar once remarked that the BERSIH rally had communist elements involved. I would not be at all surprised if there are members of the CPM whom have made it into political parties, as they did before 13th May, 1969. Today, we have former police Director of CID Tan Sri Zaman Khan saying that an ex-convict who was a triad chief is also holding a lower office in a political party in Penang (NST, Nation page 25, 5th September 2013).

I particularly like Ben Tan’s article “Youth gangs today lack ‘basic values’.” (NST, Comments page 18, 5th September 2013). Ben, NST’s Johor bureau chief wrote:

GANGSTER’S LIFE: The members just crave money and power.

Ironically, the same can be said of the young politicians mentioned above, and of most politicians too. I certainly hope the Home Minister will give all the support the police needs in making this nation a safer place to live in.

At 50, Malaysia is already more divisive than it should be. Political fanatics are to be blamed. With the underworld and subversive elements making a breakthrough, it will not be long before our children begin to face the mistakes we have all made. Criminals, subversive elements, politicians with links to the underworld should never be allowed to represent the people of Malaysia, and I urge the Malaysian people to reject them and reject those who protect them. If we don’t, we won’t see Malaysia living past 100.

Mother of Pendedahan

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Rafizi Ramli, the so-called strategist for PKR must be scraping the bottom for issues to play in the run-up to the general elections that he decided it would be a big thing to expose Rosmah Mansor, Najib Razak’s wife’s unpaid traffic summons.

You open a can of worms, you will get exactly that. Let us take, for example, these two phantom voters who registered themselves as voters using my friend’s house address. They are none other than Anwar Ibrahim and Wan Azizah Wan Ismail, Rafizi’s political employers.

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Now, make a few SMS using the identity card numbers obtained…first for Anwar Ibrahim:

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Wow! That’s a heck lot more than Rosmah’s that have gone unpaid! Now, let us check his “wife”.

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Holy crap! That is a whole lot of law-breaking exercise for someone who fights for justice! No wonder PKR is so against the implementation of the AES! Now, what about Rafizi Ramli, the BAPA PENDEDAHAN himself?

This is his Identity Card number:

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Now let us check if he has any unpaid summons himself for being a loudmouth:

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What the hell??!! What right has he got to bitch about Rosmah’s unpaid summons?

One word of advice for Rafizi: mKe sure you cover your ass before you want to hit someone else in the back! But knowing which party and leader he represents, I find it as no surprise that he goes around shooting butt-naked!

ESSCOM ERROR

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When the government announced the formation of the Eastern Sabah Security Command (ESSCOM), I said to myself, “About bloody time!”. I imagined security sectors formed from Kudat to Sandakan to Lahad Datu to Semporna and Tawau, mirroring what we used to have along the Malaysian-Thai border during the Communist insurgency such as Kota Alfa, Kota Bravo, Kota Charlie and Kota Delta spanning Kuala Perlis to Tumpat. The initial aim was to combat the communist guerrillas and stopping their infiltration from Southern Thailand. After the treaty in December 1989, we had elements of the Unit Pencegahan Penyeludupan (UPP) or the Anti-Smuggling Unit operating in these areas in a supporting role, to curb the smuggling of contrabands and also human trafficking.

Instead, I find it rather amusing when the Ketua Setiausaha Negara announced that Datuk Mohammad Mentek has been appointed as the Director of ESSCOM effective April 1st. What is wrong with this appointment? Mohammad Mentek is the Director of Immigration for the state of Sabah, the agency that, in my opinion, has failed badly in curbing the in-flow of illegal Filipino and Indonesian immigrants into that state.

The New Straits Times ran a story on Mohammad Mentek’s appointment and a statement by the KSN that was complemented by Mohammad’s curriculum vitae; citing even that Mohammad would be very experienced in the field of security and public order.

This April 1st appointment has to be an April’s Fool joke with an extremely bad taste. Surely the KSN should know the functions of the Immigration Department like the back of his hand. If I may provide a memory-jogger for all, the. immigration Department’s functions are:

  • 1. Issuing of passports and travel documents to Malaysian Citizens and Permanent Residents.

    2. Issuing of visas, passes and permits to Foreign Nationals entering Malaysia.

    3. Administering and managing the movement of people at authorised entry and exit points.

    4. Enforcing the Immigration Act 1959/63, Immigration Regulations 1963 and Passport Act 1966.

  • If you think I made the above up, read it here. How much of an expert do you think the Sabah Director of Immigration would be in the field of counter-insurgency warfare, joint-command operations and public order? Other than the pen being mightier than the sword, I doubt if the person’s handled anything more than the butter knife, let alone deploy battalions of soldiers and policemen in combat situations.

    This is another example of the government missing out on a good opportunity to make things better. Obviously, the main concern when we talk about Sabah right now is its defence from foreign elements. With the heavy presence of our security forces there, we can only see illegal immigrants returning to their homeland, and not the other way round. Therefore, the government should have had a clear aim (again, quoting from the Principles of WAR) in ensuring its strategies in making Sabah more secure conform to this aim. A concept called Defence-in-Depth should have been adopted instead where the Army and Police’s General Operations Force occupy the peripheral islands off Sabah, as being done in Ops PASIR, supported by the Navy, Marine Police and the Malaysian Maritime Enforcement Agency. These are the front-liners that will be meeting armed militants head-on. Onshore, defence and security should be effected by the Army and Police. The Immigration Department will just stick to its supporting role, weeding out illegal immigrants.

    Therefore, in my opinion, the ESSCOM should be jointly-directed by the Deputy Commander of the Army’s 1st Division, one of the deputies of the Commissioner of Police, Sabah, and the Malaysian Maritime Enforcement Agency’s Head of Regional Enforcement for Sabah and Labuan. The reason is because they are in-charge of the combat and combat-capable units operating in this region, not the Immigration.

    In conclusion, the choice of the Director of Immigration for Sabah as the Director for ESSCOM is a grave mistake. I respect the person for who he is, but if the government wants to be seen serious in protecting the Malaysians in the state of Sabah, leave the job to the professionals. Not someone who holds a Master of Science (Statistics) degree and a Bachelor of Science (Mathematics) degree from the University of Minnesota, United States.

    Crisis Mismanaged

    The Prime Minister recently said that lessons of the Sulu intrusion must be identified. That is only half the battle won. It should also be learnt.

    When the Sulu militants began landing at Kampung Tanduo in the Lahad Datu district of Sabah, both the military intelligence and police’s Special Branch knew exactly their numbers, type of weapons, how many more they were expecting, whose house they rendezvoused at and their intention of coming to Sabah. Within hours, elements of the General Operations Force plus the army’s 5th Brigade were deployed to effect a cordon around the area, with combat elements from the Navy, Marine Police and the Maritime Enforcement Agency taking stations offshore. More military conventional and non-conventional forces plus naval assets were already enroute in the ensuing initial hours. Within the first 24-hours, I am in the opinion that we had an overwhelming force to combat the militants. As a former serving officer of His Majesty’s Armed Forces of managerial level, I would have quickly acted in accordance to the Principles of War and the Principles of Crisis Management.

    The first Principle of War is the Selection of Aim and its Maintenance. This is the Master Principle that must be established at the commencement of hostilities and followed through and through, and everything else should fall in place. However, we see the pussy-footing of this issue in Putrajaya, in particular the Ministry of Home Affairs, in making decisions. What we saw instead was the downplaying of the seriousness of the matter by the Minister himself. How can we forget his “old men with rusty rifles” response to his appreciation of the enemy’s physical condition, forgetting the fact that these men had been involved in insurgency warfare against their own government, beheading priests and nuns and fellow Muslims, burning churches etc for the past half a century.

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    This was the same reaction from Admiral Sir Tom Phillips while sailing on board one of the Royal Navy’s most-modern battleships, the HMS Prince of Wales, off the east coast of Malaya. “The Japs can’t see us very well because they have slant eyes,” was his remark when Japanese bombers approached his ships.

    In short, never underestimate your enemy, and never take your eyes off them. Margaret Thatcher followed this principle upon being informed of the Argentinian invasion of the Falkland islands. Within the first 48 hours, she mustered the largest modern British armada to repel the invasion.

    This is because the seventh Principle of Management is You Have 48-Hours. The first 48-hours is the crunch time. If you are not ahead of the crisis within this time, you will be run over by the crisis. What we saw was more negotiations being done by the police as instructed by their superiors. We see that the enemy have already established their aim in accordance with the first Principle of War, yet we were not acting in response to that aim. While the Minister of Home Affairs was seen making ad hoc comments in between plating trees on the issue, still downplaying the crisis, the Minister of Defence was not yet roped into the whole thing to assist in resolving the crisis. This is against the Ninth Principle of War which is Cooperation – to incorporate teamwork, sharing burden of dangers, risks, and opportunities. This gave time for the enemy to maintain their aim of coming to Sabah, and they dug in, with no intention of leaving.

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    There was no communication between the authorities and members of the public, a clear failure in crisis communication. Rules five of the Principles of Crisis Management clearly states that there are three key messages to be delivered within the first 48 hours of the crisis, and they are:

  • We have a plan to deal with….and this has to go hand-in-hand with the first Principle of War,
  • We regret to inconvenience…show compassion to the people affected by the crisis so that hey will understand their need to be inconvenienced, and,
  • We have begun investigations into this matter to ensure this does not occur in the future…you need to re-assure the public that you are on top of this.
  • You need to back this up with action, but after the first skirmish that saw the demise of the first two policemen from the VAT69, there was no follow up. This was not in accordance with the third principle of war which is Offensive Action. This is the practical way to seek to gain advantage, to sustain the momentum and seize the advantage. This never happened. We lost the fifth principle of war: Surprise.

    Instead, there was absolute silence, and misleading statements issued such as the attack on the police party at Kampung Simunul near Semporna that caused a huge loss of life. Gunfire could be heard from nearby islands, and in this age of digital wireless communications, word spreads faster than before the last shot was fired that night. Instead, the official communiqué said it was a drug raid and was not related to the events in Kampung Tanduo. Mind you, although Kampung Tanduo is in the district of Lahad Datu it is much closer to the district of Semporna, gateway to the Tun Sakaran Marine Park, home to the tourist-packed islands of Mabul, Kapalai, Mataking and Sipadan. When this event finally hits the fan, and villagers took it upon themselves to dispatch of one of the militants themselves, did the authorities finally admitted what had happen.

    Such silence only fuelled rumours, as stated in the sixth principle of Crisis Management: Beware of the Court of Public Opinion. The Opposition rumour-mill was quick with this, and the government was slow to react, relying on the service of contracted and non-contracted bloggers to do the public relations, while the Ministry of Communications was also slow in its response and did nothing to explain to the masses about the cession agreement so on and so forth, just a response made in passing by the Minister during an ad hoc interview. I often wonder if it was done in such a manner for self-promotion or that Radio Televisyen Malaysia, as an arm of the Ministry of Communications, did not have the time nor resources to come up with fillers to educate the general public on the crux of the issue in Lahad Datu.

    In the end, the public wanted action. And finally, the Minister of Defence was roped in. He went back to KL to brief the Prime Minister on what needs to be done. Subsequently, the Prime Minister ordered the police and military to work together and do the necessary to end this. Only now we see a more structured concentration of force and economy of effort by the joint-military-police action against the militants. And finally, press conferences are handled by senior police and military officers who give hard, no-nonsense facts, rather than by politicians who are more familiar with sugar-coating facts.

    And as the tenth principle of Crisis Management states: Every Crisis Is An Opportunity. Smart leaders would know that in the midst of a crisis, there is an opportunity to be seized. The government has announced an increase in the defence budget to support the formation of the East Sabah Security Command (ESSCOM). However, the decision to place this command under the Chief Minister of Sabah instead of the National Security Council could be erroneous.

    Trust me, there will be more trouble. If there is a lesson to be learnt from all this, it is to leave defence and security matters in the hands of the professionals. Not politicians.