Tuesday, April 08, 2014

Conflict of interest

I have to admit I'm confused by the court's take on the very important issue of 'conflict of interest'. I'm not suggesting for one moment that they have been wrong and I'm right in my own understanding of what the term means.



In its simplest example there would be a conflict of interest if my late mum (assuming she's still alive) were to write me a testimony (referee's report) which says what a jolly good bloke I am, wakakaka.

Now, how can my mum be objective in her assessment of her son's character? Though I am really a good bloke, wakakaka, nonetheless, wouldn't that a conflict of interest? Mind you, I wouldn't dare ask her to write my testimony when she's mad at me for not doing what she wanted me to, which would have been nearly always, wakakaka.


kaytee as a kid, wakakaka

According to the Law Society of New South Wales (NSW), Australia, "you have a conflict of interest when you are serving or attempting to serve two or more interests which aren’t compatible."

Thus my late mum (if alive) couldn't serve as an impartial referee of my character while she was my mum because she would have a conflict of interest.

The Law Society of NSW gave a few examples where there could be conflict of interest, as follows:


- you act for both parties in a matter: such as for two or more parties to a conveyancing or commercial transaction; for two parties on the same side of the record in litigation; or for insured and insurer;

- you act against a former client having previously acted for that party in a related matter (in which you may also have acted for your present client) (although the description of this as a conflict of interest has been said to be inaccurate when essentially it should be described as involving only the duty of confidentiality owed to a former client);

- your own interest is involved, for example where you act in a transaction in which you or a company in which you or an associate is involved or has an interest; or where for some other reason your own interests or an associate’s may conflict with your client’s, such as where you may be a material witness in your client’s matter.

Let me give you another example where (let's say, wakakaka) I'm the Deputy Public Prosecutor (DPP) in a case in which a foreign sweetheart is on trial for spying on our top secret recipe for Kajang satay.

Korean actress Han Ji Hye
illustrated here for pleasant viewing only and your admiration
and NOT related at all to the following example of a court case 

The judge checks me out for conflict of interest after the defending counsel complained about my connections with the accused - bloody dobber.

Yg Arif: Kaytee, did you date the accused before?

Kaytee: Er ... yang amat arif ... it was so long ago.

Yg Arif: How long - be precise!

Kaytee: Er ... night before last, yang amat kind-hearted arif.

Yg Arif: Don't bodek me, you! And would you then consider your relationship with the accused to represent a conflict of interest?

Kaytee: Er ... yang most most ganteng amat arif I dated her only on a professional search for more clues to prosecute her kau kau. She's accused of spying on our Kajang satay recipe and I am interested in ... er ... no no no not her ... eating Kajang satay. It's not a conflict of interest but a coincidence of interest.


Wakakaka.

Thus I am most confused by what has been reported today in the Malay Mail Online's Court disqualifies Anwar’s lawyer in Utusan case over PKR ties that N. Surendran, the PKR MP for Padang Serai, won't be allowed to represent Anwar Ibrahim in the latter’s suit against Utusan Malaysia, because of their 'shared links in the political party'.

The way I see it, whether Surendran will be acting as a PKR member or as Anwar's lawyer, he most definitely will want to win for his client. So I'm confused by the supposed 'conflict of interest'.

Similarly, but on the other side of the coin, Anwar Ibrahim had attempted (though unsuccessfully) to disqualify Muhammad Shafee Abdullah from acting as DPP in the prosecution's appeal against Anwar's acquittal over sodomy charge.

According to The Star Online, Anwar had contended that Shafee was not a fit and proper person to lead the prosecution as he would not be independent, partial and fair without a personal motive.

I thought that the motive and duty of the DPP was to gain a conviction.

I guess there's much about law that I don't understand, especially in the issue of conflict of interest.

Okay then, we might as well take another look at gorgeous Han Ji Hye, yum.


Oh, just one more, okay? wakakaka





Sunday, April 06, 2014

Floundering like a caught belanak

As a kid I used to catch mullets (belanak) with a casting net (jala) at a river estuary in Jelutong. When I landed them, they would be floundering, trashing around and flip flopping in desperation.



Poor Anwar - he now reminds me of one of those desperate belanak thrashing around, especially when he made rather wild unfounded and reckless accusations about the Najib Administration hiding or suppressing vital information on the Flight MH370 incident.



But alas, I notice he couldn't make up his mind whether the government is incompetent or competent.

In an interview with the London Daily Telegraph he said that with no trace of the plane being found after 28 days of search, that was at least the result of "incompetence", but added there was also "intention to suppress key information".

On the latter, if true as he alluded, then the government must have been very "competent" to be able to pull the  blinds over the eyes of more than two dozen countries, who are still involved in the search for MH370.

All those Americans, Chinese, British, Australian, Singaporeans, Japanese, Koreans, New Zealanders, Indians, etc must have been chong-ed kau kau in the face of Anwar's allegation that the Najib government had suppressed key information.

And what else did Mr Manmanlai tell the Daily Telegraph?

Well, this has been what the Sydney Morning Herald (SMH) reported about Anwar Ibrahim's accusations:

He indicated that it was even possible that there was complicity by authorities on the ground in what happened to the plane and the 239 people on board. [...]

Mr Anwar said it was "not only unacceptable but not possible, not feasible" that the plane had not been sighted by the Marconi radar system immediately after it changed course.

The radar, he said, would have instantly detected the Boeing 777 as it travelled east to west across "at least four" Malaysian provinces.

Mr Anwar said it was "baffling" that the country's air force had "remained silent", and claimed that it "should take three minutes under SOP [standard operating procedure] for the air force planes to go. And there was no response."

He added: "We don't have the sophistication of the United States or Britain but still we have the capacity to protect our borders."


Wow, 3 minutes for the RMAF to scramble its fighter interceptors? Wakakaka.


Puhleeze lah, Datuk Seri Anwar Ibrahim, ask any air force air defence official whether that would be the operational (not training or military exercise) truth for an immediate interceptor scramble since/from the day we had our Australian-donated Sabres in 1970.

Other than during the various air defence exercises held under the Five Power Defence Arrangements (AFDA) I doubt any air force fighter pilot had ever been on operational 24/7 immediate standby, if a scramble within 3 minutes were to be achieved.

Wakakaka, the floundering belanak in desperate action.

Continuing with the SMH report on Manmanlai:

"I believe the government knows more than us. They have the authority to instruct the air force ... or Malaysia Airlines. They are privy to most of these missing bits of information critical to our understanding of this mysterious disappearance of MH370."

Mr Anwar indicated that it was a possibility that officials on the ground were complicit in what happened on the plane.


2nd wow! Just what did he mean by that accusation of "officials on the ground were complicit in what happened on the plane"? But wouldn't it be just the right tonic to rile up those grieving families. Nice shit-stirring touch by Manmanlai.

But to know what he has meant, as usual he would manmanlai wakakaka or lu taan ku ku (tunggu selama2nya), wakakaka.

And on what had he based all his accusations?

Just this, as reported by SMH (from the Daily Telegraph interview):

In an interview with the London Daily Telegraph, Mr Anwar said that he had personally authorised the installation of "one of the most sophisticated radar" systems in the world, based near the South China Sea and covering Malaysia's mainland and east and west coastlines, when he was the country's finance minister in 1994.

Yup, he raised a reckless wild conspiracy theory based solely on his boast (and no doubt politicizing agenda) that he, as former Finance Minister in 1994 "... had personally authorised the installation of "one of the most sophisticated radar" systems in the world, based near the South China Sea and covering Malaysia's mainland and east and west coastlines."

And what had Dr Kua Kia Soong (then probably as a DAP MP) said during the parliamentary debate on the Supplementary Supply Bill 1992? Just read the following:

“It has been alleged that the Marconi radar sold to us under the MOU – costing RM1.2 billion – is four times more expensive than the compatible US system which costs only RM300 million. This Marcello radar (by GEC Marconi) was to be integrated with the RMAF system, but it doesn’t work! It seems the RMAF prefers the US Raytheon system, a proven system. Furthermore, it seems the British themselves do not want this system! The RAF has given it up for the US Boeing system …”

So according to this parliamentary speech (check Hansard) the then Finance Minister, Anwar Ibrahim, purchased a radar system which was 4 TIMES more expensive than an equally suitable US system.

We are also informed that his marvellous Marconi system was NOT compatible with the RMAF radar system, something that should have been known because even the British (RAF) themselves didn't want it as they went for a US system like what the RMAF did.

And was it working to the extent that HIS purchased system tracked MH370 into the Indian Ocean as he had boasted? Nope, it didn't and was left to the RMAF radar to do so.

There's currently a call for an inquiry into the Memali case where Dr Mahathir and Anwar should front up at the inquiry to answer questions. Maybe he should also be called together with Dr Mahathir to answer for his purchase of the highly expensive (RM1.2 billion in the 1990's) Marconi system which proved in the MH370 case not to be performing a la his manmanlai.

Finally, let us examine what he also said to the Daily Telegraph:
However, he later added that "the realm of possibilities is so vague, I mean, anything can have happened", adding: "Whether they [the authorities] are complicit in a terrorist act, I'm not in a position to comment."

"The realms of possibilities is so vague"? Yeah right, we might as well include Peter Pan and Tinkerbell, God's gift to the people, Raja Bomoh flying on his magic coconut while juggling his two nuts, and ... well ... as Mr Manmanlai said: "The realm of possibilities is so vague, I mean, anything can have happened".



What did happen has been pure grade vintage Anwar - really, if he was "... not in a position to comment", why the f**k had he made such a wild and reckless accusation?

But that has been a rhetorical question because we know the answer. I think it might have been a pro UMNO blogger (one on Dr Mahathir's side and perhaps anti Najib), Pak Kadir Jasin, who had written, words to the effect that Anwar does not fear being jailed but he fears being forgotten.

Thus Manmanlai has to keep saying stuff, not just for political gains but also to ensure he is not forgotten, least by the international community.

In this, he realizes that he has been outflanked by Najib on the international scene as even his former American backers now don't want to know too much about him or be too involved with him, not when the PM of Malaysia Najib is friendly to and accessible by the West, unlike Dr Mahathir. Then under Mahathir's hostile regime, Manmanlai was for the West particularly the USA, a useful person to be supported in Malaysian politics.

If his appeal is not successful, he knows he'll go to prison and worst of all, his nightmare, might even be forgotten. Thus, as I said, he in his current state of woe, has been like one those belanak caught in a casting net and trashing around, flip-flopping, floundering, gasping away in desperation and despair.

And the sky has NOT fallen down yet!

Saturday, April 05, 2014

Bernard Khoo @ Zorro Unmasked

borrowed from Din Merican's blog, a poster by Martin Jalleh


Regretfully I haven't much in terms of interactions with Bernard Khoo, who is more popularly known in the Malaysian blogosphere as Zorro Unmasked. However, I do know that like his heroic namesake, Zorro or in Spanish The Fox, he defended the people through his relentless exposure and criticisms of corrupt officials and their injustice.

But I once did share a few delightful word with him and also yarn about our common love, scotch whisky especially 'The Macallan'. Bernard told me the correct way to drink scotch would be to sit with some friends (who enjoyed the stuff), open up a bottle and slowly sip the scotch, and keep on doing so.

I have no doubt a good man like Bernard is now in a far better place and would like to humbly dedicate this lil' eulogy to him.




In Spanish California Don Diego de la Vega might have been Zorro
Tho’ in our homeland he had been none other than Bernard Khoo
But to our immense shock, grief and tears, our much great sorrow
Our respected silver haired fox (Zorro) has left us for yonder blue

I’m sure Bernard in that far better place will still be sipping away
His much loved ‘The Macallam’ tot by unending tot with an angel
Where he is, there’s no night nor darkness, only ever blissful day
Dear Bernard Khoo, Zorro Unmasked, requiescat in pace, Vale


Above eulogy also published in my other blog, KTemoc Komposes


Friday, April 04, 2014

RMAF and Zhang Ziyi on MH370

My letter to Malaysiakini published today, and reproduced below for your perusal, wakakaka.


********


4:21PM Apr 4, 2014


RMAF and Zhang Ziyi on MH370





Perhaps as the title of my letter might have alluded, yes, I would certainly love to write pages and pages about gorgeous Zhang Ziyi who captured my heart with her performance in Ang Lee’s film ‘Crouching Tiger, Hidden Dragon’, but alas, who has since disappointed me with her attacks on the Malaysian authorities for allegedly hiding information when in truth there have been more than two dozen nations participating in the search for Flight MH370 but thus far without success.

Zhang might have her reasons for what I see as her jingoistic criticisms but I feel we need to cut her some slack as she had just managed very recently to neutralise some terribly salacious rumours about her character which were spread by a US-based dissident website called Boxun News.

But I believe we need to start first with the Royal Malaysian Air Force (RMAF) with regard to its role and performance in the tragic and as yet unsolved incident of Malaysian Airlines (MAS) Flight MH370.

Lately, for very obvious reasons the RMAF has been in the limelight for all the wrong reasons.

I believe the complaints against our air force with regards to the missing MH370 aircraft, its crew and passengers can be grouped under two principal questions, namely, (a) why the RMAF did not act soon enough to alert air traffic control (ATC) of MH370’s turn-back from Igari, the waypoint where Kuala Lumpur ATC handed over control of the flight to the Vietnamese ATC control, and (b) why it did not send fighter aircraft to intercept the MAS aircraft?

More than a few journalists have written to condemn the RMAF, particularly in its failure to send interceptors up to check on the track deviation by the MAS aircraft. One even wrote that the air force could have scrambled fighter jets to “identify the plane, make contact with it and finally guide it to a safe landing”.

I’ll come back soon to this assertion of “finally guide it to a safe landing” which would be quite funny if not for the tragic circumstances associated with the loss of Flight MH370.

Okay then, let us attempt to deal with the two questions separately, though of course both would be inter-related. But we need to remind ourselves that we will only be speculating like others until the authorities offer more information.

To speculate on the first question, perhaps we need firstly to examine the geo-political situation insofar as air threats are to the sovereignty of Malaysian airspace.

Since Abdul Razak Hussein’s proposal of Zopfan (Zone of Peace,Freedom & Neutrality) for Asean took off successfully in 1971 and which in turn engendered the Treaty of Amity and Cooperation in South-East Asia and also a UN Resolution supporting Zopfan, we have generally enjoyed peace and non-belligerence from neighbouring countries.


Neighbourly peace continues

When the then-principal concern of Asean, namely, a Vietnam victorious from its war with the USA, and other South-East Asian countries like Kampuchea, Laos and Myanmar became member states of Asean, that neighbourly peace has not only continued but also strengthened.

Yes, there were the occasional tiffs and arguments including the Thai-Kampuchea limited conflict over possession of the ancient Hindu temple of Preah Vihear and within our own backyard a short-term armed brigandry in Lahad Datu but in the main, peace prevails in South-East Asia in which most members do not have belligerent neighbours for the last forty-odd years.

So under such militarily benign conditions what sort of air defence readiness condition is the RMAF likely to be instructed to adopt?

The maximum readiness would be a la the US military Defcon 1, where pilots sit strapped up in their primed up ready-to-go fighter aircraft, suck Minties, read serious (or naughty) magazines but all ready to light the fire (of the jet engines) and hit the afterburner button in their immediate takeoff on instructions?

I would imagine such an air defence readiness would be in place at the airspace borders of Pakistan and India, Iran and Saudi Arabia, South Korea and North Korea and throughout the USA. But in Malaysia?

If not a la Defcon 1, then what about 15 minutes readiness, or 30 minutes, or perhaps two hours? But I fear anything more than immediate or 15 minutes readiness conditions, the RMAF would be unable to satisfy those journalist ‘top guns’ and other detractors.

Well, by now it’s obviously clear that many in Malaysia have agreed with some news media that the RMAF had failed to react promptly to the turn-back by MAS Flight MH370 or had elected not to react promptly. We can of course make an educated guess, read between the lines, etc, without consulting Raja Bomoh and his twin coconuts on why the Defence Ministry has been silent on this.

Whichever, whatever, however, let us not wash our own military dirty linen in the view of the international public, but instead allow a parliamentary select committee (PSC) to examine behind closed doors what had happened, and more importantly, to make appropriate recommendations after analysing how many fighter-interceptor aircraft, sets of trained pilots, weapons, support equipment including air-to-air refuelling aircraft, and logistics etc, in order to have, say, a 24/7 immediate or 15 minutes air defence readiness conditions, and also to decide on their optimal disposition around Malaysia including Sabah and Sarawak.

Surely, we aren’t suggesting that air defence is just about peninsula Malaysia, or worse, just its north-western part centered around the Butterworth air base?

Our little southern neighbor has an air force inventory (interceptor force and support aircraft mentioned here only) which comprises 24 F-15SG Strike Eagles, 74 F-16 C/D Fighting Falcons, 41 F-5S/T Tiger II, four Grumman E2-C Hawkeye Airborne Early Warning and Control (AEW & C), four Gulfstream G550 AEW & C, four Boeing KC-135R Stratotanker (to refuel the interceptor fighters without requiring the short endurance jets to return to base for refueling), five KC-130B/H also for air-to-air refueling of fighters, and has on order six Airbus 330 MTT for the same purpose.

I am sure the RMAF would love to have those 139 interceptor aircraft and its impressive range of supporting aircraft such as the AEW & C aircraft and the air-to-air refueling tankers, which would allow our air force to deploy them adequately among the locations of Butterworth, Gong Kedak, Kuala Lumpur, Kuantan, Johor Baru (or a new fighter base at the current heli base at Kluang), Kuching, Bintulu, Miri or/and Labuan, (a new base at) Kudat, Sandakan and Tawau

But the reality is, what do we now have in the RMAF in contrast to the Republic of Singapore Air Force?


24/7 immediate readiness?

So, can we maintain a 24/7 immediate readiness condition throughout the length and breadth of Malaysia if that’s what those media ‘top guns’ had sneeringly insisted upon?

Additionally, the PSC should also need to re-assess whether the current radar equipment, both civilian and military, can ensure a comprehensive coverage of our airspace inclusive and especially of the ones over Sabah and Sarawak.

Former deputy prime minister (DPM) Anwar Ibrahim is insisting that what the Marconi radar system he had purchased for our civilian air traffic control in the 1990s is a marvellous system which could see into the Indian Ocean and would have tracked MH370 for kilometres.

Finally we need to calculate the defence expenditure required to have and maintain this nationwide 24/7 15 minutes or immediate air defence readiness conditions, and how Malaysia will budget for this expenditure?

No one likes increasing taxes and/or reducing some subsidies to pay for such an air defence structure, preferring instead to build schools, hospitals, roads, bridges and low cost housing.

But then the recent outcry has shown many Malaysians want to have a super duper air defence structure which not only will ensure our national security but can also, in situations like what happened to Flight MH370, allow the RMAF to immediately scrambled fighter jets to “identify the plane, make contact with it and finally guide it to a safe landing”, as we have been told so brilliantly by our ‘top gun’ journalists.

A Motherhood truth is that there isn’t any free lunch and we need to be aware that all things come at a cost.

Let us move on to the next complaint against the RMAF by those Tom Cruise ‘Top Gun’ wannabes, namely, that the RMAF could have but didn't immediately scramble fighter jets to, in the words of a journalist, “identify the plane, make contact with it and finally guide it to a safe landing”.


Three possible scenarios

In a hypothetical air interception by the air force fighter aircraft, let us visualise (or speculate on) three possible scenarios, where in two we will have the opportunity of coopting the help of beautiful Zhang Ziyi into playing a vital role. Have I your attention by now? [smile].

Scenario No 1: A hijacker (or hijackers) was in command of the plane on its westward route.

Scenario No 2: This would be the bizarre favourite of those western media, where three phrases would trigger them into sensationalising frenzy, to wit, (a) Muslim pilots, (b) big airline-type aircraft, and (c) flight deviating from scheduled or authorised route. I won’t go any further than this out of respect for the two MAS pilots’ families but I am sure you can visualise this scenario which would not be very much different from Scenario No 1.

Say, the pilot of the intercepting jet fighter caught up with and contacted Flight MH370 and instructed the pilot to land at (take your pick) Penang, Butterworth, Langkawi, Sepang, Subang or even Kota Baru airport. The hijacker, if polite or humorous, would probably smile at and wave to the fighter pilot or if rude, give the universal sign of bird, but would have continued flying the MAS aircraft on its westward direction.

What would or could the fighter pilot do next?

Shoot down the MAS Boeing 777 with its 12 crew members and the 227 passengers with a missile or the fighter aircraft’s cannon? And who would have given the order? Indeed, who would have dared to give that order?

Wait wait, I sense a glib solution coming from one of those media ‘top guns’, like: Why don’t the pilot shoot the tyres of the Boeing 777 flat; that should stop the flight from going any further. [maniacal laughter].

Since we are on inane solutions, why don’t I bring Zhang Ziyi back by suggesting the fighter pilot hold up a poster of beautiful her to the hijacker, and inform via radio communication that Ziyi would like to see him (the hijacker) at the airport? Wouldn’t this be a far more feasible solution of “finally guiding the MAS aircraft back to a safe landing” than shooting it down with an air-to-air missile or shooting the Boeing aircraft tyres off?

Scenario No 3: The fighter pilot intercepted the MAS aircraft but saw both pilots slumped motionless at their controls. This was what happened to Helios Airways Flight 522 on Aug 14, 2005. The post-accident report on that Greek flight said that the pilots had suffered the onset of hypoxia which made the captain ignore several warning signs and queries from the ground engineer speaking to him on the radio.

The pilots of the two Greek Air Force F-16 sent to intercept Flight 522 could do nothing as the Boeing 737 eventually ran out of fuel and crashed.

This is the scenario that probably the Boeing Company dreads most as it would have meant something happened to the aircraft which possibly led to rapid decompression (depressurisation) resulting in the incapacitation of the pilots and probably all on board. There have been quite plausible suggestions that a part of the aircraft hull (fuselage) was torn off together with the transponder aerials, and which led to depressurisation.

The time of useful consciousness at 35,000 feet high is around 30 to 60 seconds, but rapid decompression would have halved that time. One of the insidious effects of hypoxia would also be the pilots suffering from a state of euphoria, that of excessive well being and false elation which could further impede or make erratic a pilot’s actions. It’s akin to a state of drunkenness where a person’s action would be irrationally erratic.

Nonetheless, I suspect or speculate that one of the pilots, despite his impaired state, still had just that wee bit of mental consciousness to react instinctively to turn back to KL as well as descend the aircraft to an appropriate cruise level, though it would have been better if he had kept descending to 10,000 feet or lower where he and the others would then have been able to recover from the possible hypoxic condition.


Strong professional instinct

From what I have read about the flight captain of MH370, Captain Azaharie Ahmad Shah, he had been the ultimate professional pilot. With such a man, I would not be surprised at all that his professional instinct would have been strong even in a state of physical-mental impairment. But alas, given my speculation that he was already seriously affected by hypoxia, there's a limit to what could be achieved by even such strong professional instinct.

Thus it would be too much to expect a hypoxic-affected pilot (like the captain of the Helios Airways Flight 522 in 2005) to be fully conscious of what he was doing. I reckon he did his best as could be for a hypoxic-impaired pilot but alas, in the process of attempting to turn the aircraft around to KL did not complete the turn but also inadvertently zoomed the aircraft up high before pushing the control stick forward to correct that error and plunging down by 20,000 feet.

Could he have also meddled erratically with the Flight Management System to set a new course in that hypoxic state but which led the aircraft flying off into the Indian Ocean? The pilot-less aircraft must have eventually settled down into autopilot-ed flight.

And what would our wannabe ‘top gun’ do when he like the Greek Air Force F-16 pilots flying echelon to Helios Airways Flight 522 see the pilots of the airline aircraft unconscious? Shoot the plane down?

If we condemn the RMAF for not acting promptly upon its information on MH370’s turn-back, we need to recall that one day after losing contact with MH370 the search authorities were not only scouring the South China Sea but significantly, the Straits of Malacca. Obviously they had received notice of MH370’s turn-back, and while that and its subsequent track westward might initially have been unbelieving to many, was nonetheless acted upon.

It is a tragic and still mysterious incident without the need for further accusations of conspiracy as Anwar Ibrahim has now screamed out to the British daily The Telegraph.

Finally, the world now knows that MAS Flight MH370 did a turn back and flew westward in the direction of the Indian Ocean, or we would likely still be searching the South China Sea until today.

Yes, the search authorities haven’t been impressive in their release of information and other conduct of business regarding MH370, but we need to ask in this concluding paragraph, who provided the information of the turn-back and the subsequent direction of travel of Flight MH370?

Was it the USA’s CIA, FBI, NSA or its military? Was it China or India? Was it former deputy prime minister Anwar Ibrahim’s marvellous 1990-purchased Marconi radar that could see into the Indian Ocean? Or, was it Raja Bomoh and his bamboo binoculars?

Ask yourself that because Zhang Ziyi would like to know, too.

Thursday, April 03, 2014

Lim Kit Siang a nodding Homer

As a long time admirer of Uncle Lim Kit Siang I've to admit lately I've been rather annoyed with him for what I see as his politicization of certain issues, namely Najib's declaration the MH370 flight had ended and earlier, the Major Zaidi Ahmad's case about him making unauthorized statements to the media on the EC's very delible indelible ink during the May 2013 general and state elections



Let's examine the first issue. TMI reported Uncle Lim calling on Ah Jib Gor to admit his mistake when he announced on March 24 that MH370 had ended in the southern Indian Ocean. Uncle Lim pointed out that Ah Jib Gor subsequently f**ked himself up (kaytee's choice of words, wakakaka, not Uncle Lim') by attempting to imply he did not mean that the plane had crashed or that there were no survivors.

Well, FMT has just reported that China’s ambassador to Malaysia Huang Huikang today said that Prime Minister Najib Tun Razak chose the right word when he announced the last position of flight MH370 in a briefing last week.

Speaking to reporters this afternoon, Huang defended Najib for using the word ‘ended’.

He said Najib had to use the word to avoid repercussions as the families of the Chinese passengers on board the plane are hoping that their loved ones are still alive.

Kinda slap for Uncle Lim in the face! Much as I am a DAP support (after viewing the big picture) and have admired Uncle Lim for many of his earlier statesmanlike announcements and proposals, I'm quite disappointed with him in recent times for what I see as his relentless politicization of some issues, a couple as mentioned above, thus in my mind he most assuredly deserved the verbal 'slap' from the Chinese Ambassador's words.


Why toy around with (politicizing) semantics when the end effect of Najib's declaration would have been beneficial to the grieving families - it avoided what the Chinese Ambassador has mentioned, to wit, repercussions as the families of the Chinese passengers on board the plane are hoping that their loved ones are still alive, yet, as I had written previously on what many may not realize,

... authorized legal and administrative processes such as the issues of death certificates which in turn would allow insurance claims to be lodged, financial compensation made, inheritance will of those now declared as 'deceased' read and executed, etc.

Without an official declaration of the status of those missing on MH370 as effectively 'deceased', all the above can't and won't be processed and would only further the sufferings of the NOK.

While we expect the western press to exploit every opportunity to indulge in their favourite sports of bashing Asian governments, entities and cultures, we don't expect fellow Malaysians to do so, especially in such a tragic case like MH370, where our collective first priority now is to help the families of those missing bring matters to a close and hopefully their emotions to also have closure of some sort.

Mind, this doesn't mean that Uncle Lim had been wrong in insisting on a Parliamentary Select Committee (PSC) hearing of the MH370 case. He has been absolutely right in demanding that such a hearing (regardless of whether MH370's Boeing 777 black box is recovered or not) be convened.


Indeed a PSC on the MH370 loss is highly appropriate and much needed, where whatever dirt there may be, that can be dug up and even flung around, but in close door meetings where Malaysia's national interests are not impaired and its national reputation not washed like dirty linen in public internationally. Pakatan politicians must remember they too are Malaysians and thus should endeavour to protect Malaysia's national interests.

But alas, unfortunately politics in Malaysia have acquired such a deep set toxicity that will take years, even decades to be purged clean. For example, in the FMT article reporting China’s ambassador to Malaysia Huang Huikang stating that PM Najib chose the right word to announce the last position of flight MH370 in a briefing last week, some lamentable readers' comments have been:


  • Mr. ambassador , you don't know much about Najis. [But that has been the Chinese government's official assessment so WTF has that got to do with Najib?]
  • They are trying to bring closure. Lu tolong gua, gua tolong lu. Mutual benefit lah. The whole SAR Operation is a stage play. Money can not only blind people, It can turn them into a deaf-mute. Another 239 lives have become victims of global politics. [this is very serious allegations which as we know cannot be substantiated - an irresponsible and reckless accusation - see also next comment]
  • Braders talk - Najib to Ambassador........You scratch my buttocks I scratch your balls! Everything would be fine!

Obviously those so-called Malaysians would prefer China to excoriate Malaysia and Najib endlessly. That's what I mean by Malaysia's toxic politics; and that's the sort of so-called 'Malaysians'(?) who love to have Malaysia and Malaysian institutions scorned by foreigners.

As for the second issue, one allegedly (though already self-confessed by Major Zaidi Ahmad) of a military officer making unauthorized statements to the media, the air force has seen that officer as violating military standing orders. Why must Uncle interfere in that pending court martial when he as a lawyer himself, knows that there should be due process of law without political interference.


Besides, an accused is innocent until proven guilty, and that the court should be the judge of that charge against Major Zaidi, and not Uncle Lim, a politician with naturally a political inclination.

One cannot automatically dismiss charges against a military officer on the basis of Uncle Lim's political perception or when the issue involved matters that have been deemed politically beneficial to Pakatan's cause or adverse to BN's position. It's not unlike what RPK had succinctly written about, that BN defectors to PKR are automatically canonized as saints while those who defected over to UMNO would be the slimiest of political frogs who sold their political commitment for money. What a terrible double-standard.

Military laws are not something dug out of the Cabinet of Evil to pummel a military personnel that the authorities have been suspected of not liking. It's part of Malaysian Laws and sanctioned under the Constitution of Malaysia, and in fact, inherited from British laws as have been our civil laws.

Some legislative peculiarities unique to the military may be seen in its laws on ‘desertion’. A military deserter if so found guilty (of desertion) by a court martial can go to prison on long sentences, unlike a civilian ‘deserter’ from his/her job who would get either the sack or be sued for breach of working contract [and if unable to pay up, presumably to declare bankrupt and no imprisonment will be involved].

Another extreme form of military law, perhaps now no longer in the books, relates to both cowardice and refusal to obey operational orders during wartime in the field, where the offender may even be summarily executed by the officer in charge. 'Summarily executed' means 'shot on the spot' by the officer in charge.


Then there's the mandatory requirement for military personnel who have been captured by the enemy to escape when the opportunities exist. Failure to escape under such situations will result in the personnel being charged (on their repatriation or after the war), with sentences up to two years imprisonment or a hefty fine or both.


Hence a military person is subjected to laws and disciplines very unlike those normally for civilians. Many of these laws have been designed to ensure the operational or fighting effectiveness and efficiency of the military would be maintained.


Thus we should be aware of this, and be less emotional or political, and not automatically accuse the military authorities for being politically vindictive in charging Major Zaidi for allegedly violating AFCI when he allegedly made unauthorized media statements or sent sms allegedly of a political nature.

Whether Major Zaidi will be found guilty or otherwise, let us leave that to the military court to decide.

In fact, Major Zaidi himself seemed to know what would be in store for him when he made the alleged unauthorized press statements. He was reported by TMI as saying “I knew there would be repercussions but I was surprised that the supplier and EC got away just like that while I am the one in trouble.”

Let’s leave aside for a moment his quite correct observation that ‘the supplier and EC got away just like that’ regarding the highly delible indelible ink, and the serial bullshit that the EC peddled out unashamedly as excuses. They were/are civilians and do not fall under military jurisdiction as Major Zaidi has been and still is.

Let’s examine his “I knew there would be repercussions” vis-a-vis violating Malaysian Armed Forces Council Instructions or Orders, such as making statements to the media without the Defence Ministry's authorization, and sending two text messages which were deemed political in nature.

Indeed, which military officer, past and present, dares to say he or she hasn't been aware of firstly, the apolitical requirements demanded of a military officer, and secondly, the Armed Forces Council Instructions (AFCI), specifically about making unauthorized statements to the media or making political statements (or messages by whichever media means)?

The AFCI have been in existence for years since the early days of the Armed Forces, and there have been personnel before Major Zaidi who were charged for violating some of those Instructions. So has Major Zaidi been vindictively charged under some recently created military laws and rules, specifically for a supposedly political-malicious purpose against him?

Just a reminder, Major Zaidi himself hasn't denied so, as may be seen by his own admission that his actions would bring about ‘repercussions’.

But let's leave it at that, and on the same token, Uncle Lim should bloody butt out of a military issue that is yet to be determined by a properly and legally constituted body.

In ending my post, Uncle Lim should console himself with what Horace, a Roman poet, once wrote, “Sometimes even the noble Homer nods, wakakaka, meaning what I have seen as his recent politicization of issues have been not his usual high standards of political performance.

Homer

Wednesday, April 02, 2014

Where are the old longkangs?

FMT reported Flash floods in Penang yesterday after 2 days of heavy downpour, with water rising to knee level at the International Airport.


Penang Int'l Airport

Alamak, what happened to all those big longkangs (huge monsoon drains) I used to see in Bricklin Road, Prangin Road and Macalister Road (or whatever these roads are called nowadays), etc.


monsoon drain, Orchard Road, Singapore
photo by singas

I remember the ones in Bricklin Road, Macalistar Road and Prangin Road
were all as big if not bigger than the Orchard Road drain 

The British colonial administrators built the monstrously big drains recognizing the typical huge volume of excess water in a tropical heavy downpour.

End of March and beginning of April mark the NE Monsoon giving way to a month-long passage of the Inter-Tropical Convergence Zone (ITCZ) from the south to the north. The ITCZ is where the northeasterly and Southeasterly Trade Winds meet, causing much thunderstorm activities in the zone as it travels across Malaysia.



Following the ITCZ's passage northwards, the SW Monsoon (the Southeasterly winds veer right on passing the Equator to become Southwesterly) will commence around May and last until September, bringing much rain to the western coast of the Peninsula. The ITCZ returns in October as it follows the sun to the south.

With such thunderstorm and rain activities over our Peninsula all year long I wonder why Selangor and Penang are having water shortages?

Those humongous sized monsoon drains are very much needed, or Penang will face perennial flooding of its roads and residences. It's an ironical joke to suffer water rationing and flooding at the same time.


Lim Guan Eng with villagers of Kampung Permatang Tok Suboh
a photo which no doubt has troubled UMNO, wakakaka

And if the Penang government has foresight on future needs, it will build the monsoon drains with the additional aim of conserving the captured flood water in special catchment areas or even underground reservoirs for the state's water needs.