What Illegal Detention?

“Bos! SPRM manyak bagus. Kasi gua free t-shirt!”
In another blatant attempt to paint a bad picture on the Malaysian Anti Corruption Commision (MACC), lawyer and also DAP Member of Parliament Ramkarpal Singh agreed with Tokong Lim Guan Eng that the detention of Mr So-What Phee Boon Poh was illegal and said such remark is justified.

He said the MACC’s statement asking Lim Guan Eng to apologise for calling it an ‘illegal detention’ within 48 hours is ill-advised “as there can be no doubt that the said statement was made having regard to the prevailing circumstances.”

MACC had earlier asked the Tokong to apologise or action shall be taken against him.  The statement said that it was clear in the audio and video taken during a press conference that the Tokong actually said “illegal detention by the MACC.

‘Detention’ here is referred to the detention made after the remand order was received from the Magistrate.  This remand order was then set aside by the High Court as it contravened Section 117 (5) of the Criminal Procedure Code.

In his ruling, High Court judicial commissioner (JC) Abdul Wahab Mohamed found that the word ‘shall’ in subsection 5 is mandatory, and the respondent has not submitted literature to the contrary.

The subsection says the magistrate deciding the period of detention of the accused shall allow representations to be made either by the accused himself or through a counsel of his choice.

Phee’s lawyers, Ramkarpal Singh and RSN Rayer, had argued that they were not given a chance by the senior assistant registrar of the Magistrate’s Court on Saturday to air their submissions.

Ramkarpal argued that the Magistrate’s Court senior assistant registrar had been prejudiced by allowing the five-day remand without hearing the defence of the accused lawyers.

Wahab’s decision on 14 August 2017, which ruled that the detention of the trio was illegal since it was based on an invalid order, meant that MACC had detained them illegally after the first 24 hours of their initial arrest on 11 August 2017 passed,” Ramkarpal said.

In the circumstances, there can be no doubt that the chief minister was justified in describing the said detention as illegal,” he added.

MACC also contended that any remark made by anyone pertaining to the issue is subjudicial and is in contempt of court as the appeal against the quashing of the remand order is already in process.

Ramkarpal said neither himself nor Phee had received a copy of the notice, and were not aware that such a notice had been filed, therefore the issue of sub judice should not arise.

My question is, how can a remand order made and signed by a Magistrate be illegal?  Just because the Magistrate erred in his issuing the remand order does not make the detention illegal.  It only means that the remand order has an error, but the detention was made in pursuant of the remand order issued by a Court of law.

When filing the notice of appeal with the Registrar of Court, the MACC does not need send a notice of appeal to Phee Boon Poh or his counsel.  It is only later when the appeal is not rejected that the Court of Appeal shall notify the parties involved of the time and place for the hearing of the appeal.  This is provided for in the Courts of Judicature Act, 1964.

And as Phee Boon Poh is still under investigation and was released only from remand and not freed from a prison sentence, any statement made pertaining to his detention is sub judice in nature.

This is something Ramkarpal who is an officer of the Court by virtue that he is a legal practitioner ought to know and uphold.

But of course, he is also a DAP Member of Parliament.  People from the DAP do not abide by laws of the land and behave like outlaws.

And it is because of this behaviour that Sungai Lembu has cancer occurrences that are 2,343 percent higher than the national average, and this is what the DAP is trying to stop the MACC from investigating, and trying to stop the MACC from protecting the lives of the people who had voted for Pakatan.

Tokong Ka Li Kong

Georgetown, Pulau Pinang

The title above sounds like the phrase “kong ka li kong” which in Kamus Besar Bahasa Indonesia describes as untrustworthyschemingconspiring in an evil plot.  It describes the DAP aptly.

I can imagine how majority of the voters in Penang must have felt in March 2008 when Pakatan Rakyat managed to wrestle Pulau Pinang from the clutches of BN’s Gerakan after almost 51 years.  It was a hopeful change for the better. Voters then probably thought that the Barisan Nasional did not really fit into their idea of progress and prosperity a clean and efficient government might have given.  They tried their luck thinking that it was worth a try to change.  The candidates from the Pakatan Rakyat, too, thought that it was worth a try although they did not envisage a victory.

When they did, they had no idea how to fulfill promises that had been made to the voters.  The most famous of all promises was that Kampung Buah Pala that had been in existence for decades, would remain standing.  This was the promise made by Anwar Ibrahim in the run up to the 12th General Elections.

In the video below you could see Anwar Ibrahim promising the residents of Kampung Buah Pala that he would speak to the Chief Minister-designate and within two weeks, officers from the Chief Minister-designate’s office would announce themselves that Kampung Buah Pala would be saved.

And the people of Kampung Buah Pala probably fell for it and helped vote Gerakan out on the 8th March 2008.  Less than three weeks later, the village that had stood for decades was bulldozed.

Tokong Lim Guan Eng claimed that he never knew Anwar had made a promise to the people of Kampung Buah Pala. After all, the Tokong does not know many things. He also admitted not knowing the actual market price of his swimming pool-less bungalow at Jalan Pinhorn.

Anwar could also claim that the person in the video above was not him – the person may look like him, but was not him.

However, a similar promise was made by a DAP candidate by the name of Sanisvara Nethaji Rayer s/o Rajaji Rayer.  Rayer promised that the village would remain a standing village should Professor Dr. P. Ramasamy (of DAP) remain in power. “As long as the Tiger of Bukit Gelugor (Karpal) represents us, I am sure no one can enter our territory,” he was quoted to have said.

Then, comes the gentrification of Pulau Pinang.  The poor, be they Chinese, Malay or Indians, are being systematically removed from their traditional dwelling in the name of progress and development.

The Tokong has also lied frequently to the people of Penang about its economic achievements.  It was riding on what was done previously by the Gerakan government during its first term, and could not show the same achievements under its own steam.

While his son has been charged in court for corrupt practices while holding the Chief Minister’s office, Emperor Lim Kit Siang is still asking for Najib Razak to resign over the 1MDB issue.

When is he going to ask his corrupt son to step down? Walk the talk, old fart!  Even your party’s publicist had said that the Tokong must step down if charged in court.

However, it is typical of DAP to NOT walk the talk.

Hopefully the voters of Penang and in other states have wised up.  DAP under the Emperor and Tokong has done more than what you have accused the BN of doing in just under two terms. If you realy hate BN but want people with integrity, you should really kick the Lims out, as well as perpetual liars like Tony Pua.  They are not indispensable.  And they are NOT as popular in DAP as Teresa Kok paints them to be.

Think carefully! Save your island before it sinks.