Monday, April 27, 2009

What is the difference between Mindraf and Hindraf? Malaysiakini

Out of all the political parties present in Malaysia now. DAP stands more of de-racialised non-communitarian politics in Malaysia. PKR can be argued as one as well but the whole set up of it was more like justice for one man than justice for a nation. It has been trying to accommodate for all now. But it has more cracks and plastering to do before it is considered genuine.

Hindraf should be part of a political entity because their concerns are political related. How long are they to beg by the doors of parliament? The move to remove political members in Hindraf was definitely called for. Having political friendly politicians makes their movement more legitimate. Hindraf is and should always be only a watch dog for the Indian community and a Hindu movement for spearheading legal actions against wrong doing parties.

The members from Hindraf who want to embark into politics should approach DAP and PKR to create a balance representation or start a genuine multi racial party. With people who believe in Makkal Sakthi and have genuine grouses about the malaysian society. If Mindraf is started than all the principles of their struggle when started, would contradict now. Hindraf was against BN formulation. A party like MIC did not function well under BN regime. Which was controlled by UMNO.

To every struggle there must be a starting point. Hindraf should have started their political pursuit in the beginning. Right after the mammoth rally. It has lost a lot of it's momentum over the year. But on the other hand a lot was promised to Hindraf when Anwar, Kit Siang and all the others jumped into the election frontline in the name of Makkal Sakthi. But not much was seen after that. There are still 3 more guys in ISA and 1 exiled. If these men were masquerading as fighters for the Indians they would have given up or backed down by now. But their spirits are still burning brightly without fail. I respect these men. So Thanedra’s action to start a political party is in a way playing the political game. The government’s action to outlaw Hindraf is reasons for the political action by Hindraf members. I hope they dissolve the party and form a united racial party when the time comes for that.


I was also fighting and persuading my friends of my society to understand Hindraf. Many of them were too accustomed to the good life of Malaysia that they failed to see the balance 80 percent of Indians who live below the average income group. Indians have no savings. We have not much asset or advantage in this country. So even though I agree that injustice and lack of representation of many other communities are also present. But somebody has to do it. So if you aren’t then you shouldn’t stop those who are trying to protect theirs.


Indians should be in politics. It is a must. Good man with good virtues and vision should be leading this community. There must be proper representation of all races in a cabinet. No leader can see what is needed by individual communities if there isn’t someone to represent them.

The rule of law should exist for all.

With respect to Uthaya and his struggle.

My 500th day under ISA
P Uthayakumar | Apr 26, 09 7:55am
Today April 26, 2009, marks my 500th day under Umno’s captivity without being charged, tried or found guilty in a court of law. I suppose this is ‘justice’ for me, an Indian ethnic minority and human rights lawyer of 18 years.
MCPX

Prime Minister Najib Abdul Razak’s continued unilateral decree is that I be made to serve a jail sentence of two years and indefinitely thereafter under his regime. There are prisoners here at Kemta Kamunting, Taiping, serving their eighth year of their ISA sentences.

p uthayakumar sedition trial 030209 01But I have no regrets. I know in my heart that every day of my imprisonment will liberate and open up a thousand new minds against Umno’s atrocities and injustices in their marginalisation, discrimination, suppression, oppression and the exclusion of Indians from the mainstream of national development in Malaysia.

Today, I have grown 500 days older. Today, I have lost 500 days of my precious freedom. Today, it is 500 days since I shaved my beard or combed my hair to protest my ISA detention. Today, it is 500 days since I have been made to wear the very same two pairs of dark blue baggy pants and white restaurant waiter-like prison uniform.

My left foot

On Jan 31, 2009, I had accidently injured the last toe of my left foot, which had gotten worse because of my long standing diabetic condition. From day one of my injury, I had repeatedly asked to be treated at the Gleneagles private hospital as I no longer have confidence in the independence of government-service doctors, which I believe had been compromised by the Home Ministry and its Special Branch police officers.

Under protest, I agreed to be treated at a government hospital on Feb 3, 2009. As I had anticipated, the doctor refused to admit me despite my swollen leg and blackening left foot condition. The doctor told me there were no hospital beds and neither did she want to refer me to an orthopedic surgeon or a consultant physician, as well as a cardiologist to treat my silent heart attack during my ISA detention.

No cast was put on my leg. No medication was prescribed. This doctor told me that my leg would heal on its own. My suspicion was confirmed when the doctor, who had written my medical notes in a police file, gave it back to the police officers accompanying me.

brickfields uthayakumar hindraf 280209 marching to stationBy the second week, my leg got even worse and despite repeated pleas, the prison authorities refused to take me even to a government hospital, which I agreed to go under protest. I had lodged four police reports but again zero action was taken. Even my statement was not recorded.

The worst case scenario ran across my mind. I may lose my left foot. For the first time, I realised that as a lawyer, I could not even save myself. There was nothing I could do, I was a prisoner.

But even then, I had thought to myself that should the worst happen, I would put on a prosthesis (artificial leg) and keep walking. I feel that at the end of the day, it was the prayers held at scores of Hindu temples nationwide by supporters of Makkal Sakthi that had actually saved my leg and ensure my well-being in prison.

Surviving on bread and biscuits

On March 22, 2009, I found pieces of beef in the chicken sambal served to me. Mohamad, a Pakistani national, and Abdul Sarjon, a Sri Lankan national, and fellow detainees who worked at the prison kitchen confirmed that chicken and beef were cooked in the same pot after which the chicken was scooped out and served.

uthayakumar interview 051207 pausedI immediately lodged a police report. But again nothing happened as usual. But had it been the other way round - the victimisation a Malay Muslim - a different set of rules would be applied by Umno.

But I suppose this is all part and parcel of PM Najib’s One Malaysia policy. One Malaysia, two systems. Since that day, I have refused to consume cooked food from the prison kitchen in protest against the violation of my religious rights in contravention of Article 11 of the Federal Constitution. As a Hindu, I do not consume beef. I am now surviving basically on bread and biscuits.

Throughout these 500 days, there was never a single day that I ever regretted starting and spearheading this struggle. I believed in justice, including for the minority ethnic Indians, in Malaysia.

In these 500 days, I have refused to meet any of the Special Branch officers who came to meet detainees once in every two to three months to “plead for my release”. I have done no wrong and I am not prepared to beg for my freedom. I had earlier also refused to meet Umno’s home minister, knowing fully well that my release from prison is in his hands, for the very same reason.

My biggest satisfaction and what keeps me going in prison is the true and sincere spirit of the struggle through Hindraf’s Makkal Sakthi.

brickfields uthayakumar hindraf 280209It moved me to see thousands of Hindraf supporters who had braved FRU’s tear gas and water cannons, who were roughed up and beaten by the police, arrested, handcuffed, thrown into jail, prosecuted in court and bravely standing up in the dock to face possible jail sentences, losing their jobs, and with their wife and children suffering.

All these sacrifices, just for a public cause to put to an end to Umno’s racism, religious extremism and exclusion of the Indians from the mainstream of national development. To all of you, I salute you and I am proud of you. Makkal Sakthi Valga.

I miss my freedom

I am suffering from this imprisonment daily. I miss my freedom. I miss my family, my wife and children.

But I am prepared for the worst, even if it means another 500 days or more of imprisonment. I will do this just for the cause of Hindraf. Umno can imprison me but they cannot imprison the forces of Hindraf’s Makkal Sakthi.

Makkal Sakthi was the tipping point in the March 8, 2008 general elections. It was the triggering factor which resulted in Umno/BN losing two-thirds majority in Parliament as well as political power in four west-coast states.

Makkal Sakthi once again showed its prowess at the Bukit Selambau and Bukit Gantang by-elections. I never, even in my wildest dream, thought I would see Makkal Sakthi forces to this extent in my lifetime.

gantang by election 040409 hindraf candle light vigil kamunting isa detainees09I am no Mahatma Gandhi or Nelson Mandela, but Umno has to understand and accept that it was the genuine grievances of the people - the pent-up pain and suffering, misery and heartache - that brought about the unprecedented 100,000-strong Hindraf rally on Nov 25, 2007.

Please be patient. Umno will not change, but we will change Umno in the 2012/2013 general elections. We will put an end to Umno’s bully tactics and its rule by fear. We have waited 52 long years.

Please be patient. In another three or four years, there would hopefully be a new beginning, a new political structure and a Malaysia with equality and equal opportunities, including for the Indians. A Malaysia where the Indians would be a part of the mainstream in national development.

Every day and every moment of my imprisonment, my thoughts and prayers are with Makkal Sakthi. I have plans for our further struggle. Please pray for my freedom, and for Umno’s end of its rule so that justice will finally prevail.

Umno may have punished me with this 500 days of imprisonment but you, the Makkal Sakthi, will in turn punished Umno/BN where it hurts them most - the ballot box.

God bless.

P Uthayakumar
Kamunting Detention Camp, Perak

Monday, April 6, 2009

Najib playing with his cards well. Malaysiakini

Najib is playing his cards very well. With Mahathir coming back into the picture. He is providing a vision of Malaysia's Glory days under the Mahathir ruling. But what we fail to see is much has changed from then. We don't have the marketing edge that we use to have. We are to expensive for the cheap labour market and we are not advance enough for the high tech investment. Where do we fit? Nowhere. Many of the problem we face today was because of Mahathir's way of progress. We were in the eyes of the world once but Not always for the right reasons. We are in many ways the same as China. Accelerated growth without substance. We had huge budgets for building stuff but not for maintaining.
Najib made a master stroke by releasing 2 of the Hindraf 5. If he let go all of them then we would think he was scared of the Indian voters. But by releasing 2, he has 3 more to toy with the public. If we fail to support BN then there is a possibility for him to punish the other 3. Not too many and not too little. Just nice. He didn't let go of Vasantha because there was too much speculation of his involvement with BN and Najid surely couldn't let go of the main leader, Uthaya Kumar. He would have gone to on a public hunger strike to get the others out. And he wouldn't want Pakatan Rakyat to have another MP at the Parliement if there were having a crucial vote in the House. So surely Manoharan was not coming out. Najib would had this all planned out much earlier.
Najib might be bad at his work but he is a smart politician. Sadly if Pakatan Rakyat were to win all 3 by election the forces is not going to change so soon. We are stuck with Najib for now.

Friday, March 20, 2009

Arab Woman gives Muslims a Thrashing. Malaysiakini

Al-Jazeera TV. February 21, 2006. This lady has a price on her head. Not sure how is she now. But surely know how to give a good trashing. No offence to my Muslim brothers and sisters. But she is just expressing her own opinion. We all have the rights to hear and evaluate an argument from any perspective. But please do not be offended.

It is extremely surprising that the Arab financed TV station in Dubai would allow this to air. Be sure and watch this, it is so powerful I have no doubt she now has a very large price on her head. She is one impressive woman.Here is a powerful and amazing statement on Al Jazeera television. The woman is Wafa Sultan, an Arab-American psychologist from Los Angeles.

Thursday, March 19, 2009

God save us all, We kept the wrong government in power! Malaysiakini

I’m furious. Is BN telling that if they catch a few fellas for corruption that means they have gotten rid of money politics in BN.? How do we even know if it’s not all a big conspiracy and they use this opportunity to get rid of a few tough competitions?
Vote buying? You think someone is going to take the money out from his own pocket to pay others so that he can stay in power? Just for argument sake we say they use their own money to buy voters. Then surely he will try to make back that money by dipping his hands into the honey jar. So does this person deserve to remain in an important position?

What is astonishing is Khairy J’s statement.

He said that there was an agenda to stop him from contesting for the Umno Youth chief post.

"I know there is an agenda but I don't know by whom and why they are doing this. I am maintaining my innocence". Said Khairy.

I surely as hell don’t understand what the meaning of maintaining my innocence is. So I’m innocent till you catch me red handed then I’ll confess?

The Parliament is a sanctuary for Democracy. The parliement is so hypocritical of who can be questioned during session. If you can’t be question in parliament then why are you an MP?
Everyone in that position is dutifully responsible to answer for their actions and involvement of anything illegal. And to punish one for questioning is outrages.

Not enough of this the government is charging people for seditious remarks about the royalty including Karpal. What is this all about? What did UMNO do last time? When I was back in England as a student there was debate on the need for Royalties. This is a country that has a Majestic history of Royalties in power. During that time many news channel went around interviewing people about their opinion about the remaining need of a royal family. Obviously the debate started because of the cost of maintaining the Royal Family. Our issue is not even close to that. The TV Station interviewed people from all walks of live, immigrant or not immigrant what they thought and they aired on TV. That is freedom of speech. What Malaysia has is a joke.

People are not even allowed to discuss, debate or even question the matters that govern this country. Is it their country or our country? This is seriously the wrong direction this country is heading. And the Captain of these campaigns is no other than our future PM. God saves us all.

Thursday, February 19, 2009

List of Death and Abused Malaysian Indians by police. Malaysiakini



List of Abuse and Death of Malaysian Indian From 1998-2009

1.S.KuganTortured and Beaten to Death

Name Age Date Circumstance of Death
S.Kugan 22 20 Jan 2009 Jan 15. Kugan Ananthan was detained. Crime : suspected involvement in an international car theft syndicate.
Jan 20th 2009. Kugan a/l Ananthan, 22 year old guy, after being detained for 5days, was found dead. DEAD in a Subang Jaya police station. Selangor police chief immediately claimed that it was a sudden death, and tried linking it with asthma. His family says he has no asthmatic problem. Pictures revealed injuries to his body, fresh wounds

2.Malaysian police poured boiling water on B Prabakar

Name Age Date Circumstance of Torture and Abuse
B Prabakar 27 December 23, 2008 27years old car park attendant has alleged that he was tortured during interrogation by police who beat him with a rubber hose and splashed boiling hot water on his body.
B Prabakar said he was picked up from his work place at Sri Hartamas on Dec 23 and taken for interrogation at the Brickfields police district headquarters where he was repeatedly beaten, kicked and stepped-on by at least 10 police personnel.

3. N. Logeswaran 10-year-old , abused by Malaysian Police in Police station.

Name Age Date Circumstance of Tortured and Abuse
N. Logeswaran 10. August 5, 2008
The ethnic Indian mother of a 10-year-old boy has accused the police of torturing her son, slapping and choking him and scalding his leg while questioning him for allegedly stealing his school teacher's purse. The incident occurred Aug 5 after N. Logeswaran was taken to a police station at Kampar near Ipoh in Perak state, even though the purse, money (containing RM 700 - roughly $200) and other documents were not found on the boy.
Parti Sosialis Malaysia (PSM) deputy chairman M. Sarasvathy, who took up his case, submitted a memorandum to the Perak police Tuesday alleging that the police, in order to get the boy to confess, slapped him on his face while two policemen tried to choke him.
"They even tried to melt some plastic on the boy's private parts," said Sarasvathy, outside the Perak police contingent headquarters, The Star newspaper said Wednesday.
Logeswaran's mother P. Santhi said her son suffered head injuries as a result of the police beating.

"The police also took out a parang (dagger) and a pistol to threaten the boy," Saraswathy said, adding that Logeswaran was also handcuffed and locked up in a dark room.
"He is now traumatised by the incident," said Sarasvathy, adding that he suffered injuries on the back of his head, wrists and leg after the ordeal.
Logeswaran was picked up from his school at 12.30 p.m. last Wednesday and was only released at 10.45 p.m. the same day. His parents were not informed about the incident.
He was taken to the Kampar Hospital at 11 p.m. after complaining of headaches and after he started vomiting, said Sarasvathy.

He was transferred to Hospital Raja Permaisuri Bainun at midnight for observation and was discharged Monday.

4. 24 years old Mariammah was manhandled by Malaysian Police

Name Age Date Circumstance of Torture and Abuse
Mariammah 24 April 17, 2008 IPOH (17/4) – A young girl launched police report against a Police Officer and other Police Personnel's on the complaint that she was manhandled, usage of vulgar words and sexually harassed while she was under investigation at the Police Station at Ipoh . The 24 years old women stated in her report that the police picked up her from Balai Police Menglembu on the 02/04/08 at 02.00am after she made a Police report stating her motorbike no: AGJ 102 was missing. Mariammah, a mother of 2, was remanded for 2 weeks to help on a murder case on which, usage of the missing motorbike in the murder case.
The Policeman who came with other male officers arrested her and took her with police car with male police officers only. She was remanded till 13/04/08 and the Police officers started to torture her since 05/04/08 till 08/04/08 for no reason. Mariamah also alleged that the Policeman also kicked her back and hips several times and blindfolded her when this beating was taking place. Also she says the police forced her to admit that her husband was involved in the murder case which happens few days earlier before her arrest. The Police arrested and forced her to agree with the accusation. After few hours another policeman came and tortured her verbally and told her she would be striped naked if did not agreed.
Soon after she was released on 13/04/08, she came to Ipoh Barat office to inform the incident and asked Mr.Kulasegaran (DAP - Ipoh Barat) for help. Mr.Kula, with his secretary, took her to lodge a police report and at that time, the computers were all down! After half an hour when a senior police officer came, the system was on again.

5.Indian Youth Tortured In Rawang Police Station

Naame Age Date Circumstance of Torture and Abuse
2 Indian Youth
January 6, 2008 DATED 6FEB08, WHERE 2 MALAYSIAN INDIANS WERE TORTURED WHILE IN CUSTODY AT RAWANG POLICE SATTION. THEY WERE ASKED TO DRINK POLICEMEN'S URINE AND ALSO TOLD TO LICK THE TOILET BOWL IN THE POLICE STATION. HINDRAF ( POLICE WATCH HAVE BEEN HIGHLITING THIS ALL THIS WHILE) NOW IT HAS COME TO OPEN AIR. THE 2 INDIAN SUSPECTS WERE WARNED NOT TO REVEAL WHAT HAPPEN IN CUSTODY.

6.ISA Detainee Sanjeev Kumar Tortured Brutaly by Malaysian Police

Name Age Date Circumstance of Torture and Abuse
Sanjeev Kumar Krishnan 25 March 21, 2008

Sanjeev detained under ISA and physically, sexually and emotionally tortured.

An initial police report had been filed by Sanjeev Kumar at the Taiping Police Station in April 2008, after he was warded at the Taiping Hospital upon receiving such brutal treatment in the camp, which included being forced to drink urine, eat stale food and being subjected to physical abuse such as being sodomized by a broom.

The first report seems to be left unheeded. Sanjeev is now semi-paralysed and wheel chair bound, and has still not received the required medical attention.

7.M Vijaya Varman 19 year old beaten in police custody

Name Age Date Circumstance of Torture and Abuse
M Vijaya Varman 19 January 4, 2007 Factory worker 19 year old M Vijaya Varman was rudely awakened in his home in Kuala Selangor by seven policemen at 2am, the morning of Jan 4. Despite the lack of a warrant, he was arrested in connection with the theft of electrical cables.

The cops handcuffed him, dragged him into the van, drove around and simply put, proceeded to beat the shit out of him over a period of four hours.

Excerpts from his police report:

Tangan saya telah digari dibelakang ibubapa saya telah bertanya kepada mereka sebab saya di tahan tetapi mereka enggan menjawab soalan tersebut. Kemudiannya saya terus dibawa menaiki sebuah van berwarna putih semasa didalam perjalanan keluar daripada kawasan perumahan taman seri Kuantan, saya telah dipukul oleh CID-CID tersebut.

Van tersebut telah berhenti berhampiran dengan sebuah pub/karaoke di pasir panjang. Kemudian mereka terus membelasah saya dan menyoal saya di mana kawan-kawan saya yang lain yang telah dituduh mencuri kabel. Mereka terus mendesak sambil memukul saya supaya mengakui perbuatan tersebut. Selepas itu saya dibawa ke lokasi lain dan mereka terus memukul saya.

8. 19 year old M Vijaya Varman beaten in police custody


Name Age Date Circumstance of Torture and Abuse
M Vijaya Varman 19 January 4, 2007 Factory worker 19 year old M Vijaya Varman was rudely awakened in his home in Kuala Selangor by seven policemen at 2am, the morning of Jan 4. Despite the lack of a warrant, he was arrested in connection with the theft of electrical cables.

The cops handcuffed him, dragged him into the van, drove around and simply put, proceeded to beat the shit out of him over a period of four hours.

Excerpts from his police report:

Tangan saya telah digari dibelakang ibubapa saya telah bertanya kepada mereka sebab saya di tahan tetapi mereka enggan menjawab soalan tersebut. Kemudiannya saya terus dibawa menaiki sebuah van berwarna putih semasa didalam perjalanan keluar daripada kawasan perumahan taman seri Kuantan, saya telah dipukul oleh CID-CID tersebut.

Van tersebut telah berhenti berhampiran dengan sebuah pub/karaoke di pasir panjang. Kemudian mereka terus membelasah saya dan menyoal saya di mana kawan-kawan saya yang lain yang telah dituduh mencuri kabel. Mereka terus mendesak sambil memukul saya supaya mengakui perbuatan tersebut. Selepas itu saya dibawa ke lokasi lain dan mereka terus memukul saya.



9. Disabled Murugan Rajoo, 36 forced to urinate in pants by Selayang Municipal Council Malaysian

Name Age Date Circumstance of Torture and Abuse
Murugan Rajoo 36 January 4, 2007 Murugan Rajoo, 36, was born without legs. On Jan 4, he was detained by the Selayang Municipal Council for over an hour, and forced to urinate in his pants.
Sequence of events: Mr. Murugan (front row in light blue shirt with hands raised) is a petty trader without a license who claims he first applied for one about 3 years ago. On Jan 4, his motorcyle-stall was confiscated by Selayang Municipal Council (MPS) officers, leaving Mr. Murugan stranded by the roadside.
Later that day, he went to reclaim his motorcycle from the MPS Rawang branch. There, he was confined by enforcement officers for an hour, and when he wanted to use the bathroom, the officers allegedly made fun of his lack of legs and refused to show him where the bathroom was, forcing him to urinate in his pants publicly.
The inhumane suffering and humiliation did not end there.
A number of civil society groups representing the differently able organised a group of 30 individuals to protest this cruel insult to even the most basic human dignity at the MPS headquarters, and prepared a memorandum for council president, Yang Dipertua Zainal Abidin Azim.
When they arrive, the group and its wheelchair bound participants were told they could meet the president, but that he refused to come down and see them; they would have to come up to the 9th floor to see him :|

10. Suresh Kunsekaran Found Hanged With Saree In Women Cell, In Bukit Sentosa Police Station
Name Age Date Circumstance of Death
Suresh Kunasekaran 26 October 27, 2006
Suresh was found dead, hanged with a saree from the window of a lock-up in the Bukit Sentosa police station, Serendah, on Friday about 2pm.

He had been picked up by a patrol car and taken to the station about 11.30am after he was confronted by two policemen on motorcycles near his Taman Teratai home.

His mother, Liew Kiew, 47, said police informed them that a post-mortem at Kuala Kubu Baru Hospital showed he had committed suicide.

She was told of her eldest son's death by police about eight hours later, at midnight. When their questions went unanswered, the family lodged a report at the Hulu Selangor police headquarters on Saturday.

Siva Subramaniam and Suresh 's father, R. Kunasekaran, 47, a dispatch rider, visited the lock-up where Suresh was found hanged.

Siva said: " I want the police to answer several questions.

"How did the saree get into the lock-up? Assuming that the deceased managed to bring the saree into the lock-up, what were the police doing? Aren't they supposed to monitor detainees? Secondly, what could have pushed the deceased to commit suicide only a few hours after being detained?

"Thirdly, why the delay in informing the family of his death?"

11.Ravichandran Ramayah died under Malaysian Police custody


Name Age Date Circumstance of Death
Ravichandran Ramayah 38
December , 2004
In October, Ravichandran Ramayah, 38, died a week after being arrested and detained by the Penang North East Police Station. Family members claimed that medical needs were not provided to Ravichandran even though it was clear that his condition was very poor when he appeared in the Magistrate's Court for remand proceedings.

The deceased then could only walk with the help of family members, causing the magistrate to order that he be brought to a hospital for medical attention. However, the police instead took the deceased to the Penang Prison, where he eventually died. State Police Chief Deputy Commissioner Othman Talib said that no wrongdoing had been committed on the part of the police.

He said that a post-mortem showed that Ravichandran died from natural causes and there were no signs of physical abuse or assault.

12. A. Subramaniam died after allegedly being assaulted by prison officials at the Air Molek Prison in Johor

Name Date Circumstance of Death
A. Subramaniam March 2004
In March, A. Subramaniam died after allegedly being assaulted by prison officials at the Air Molek Prison in Johor. Lawyer Uthayakumar lodged a complaint that Subramaniam, his friend S. Sherma Naidu and two other detainees had been assaulted and tortured by prison officials after they went on a hunger strike to protest against filthy conditions in the prison.

Subramaniam then allegedly fell ill and died while being rushed to the hospital. His parents lodged a police report claiming police brutality and lack of care while under incarceration. However, Johor Police Chief Mukhtar Ismail said police investigations ruled out foul play in the detainee's death.

The prisons department also cleared the Ayer Molek authorities of any wrongdoing, as the findings of a post-mortem report and investigations of an inquiry board said that the youth had died of Septicaemia meningitis.

13. L. Yoges Rao died in police custody

Name Age Date Circumstance of Death
L. Yoges Rao, 22 December, 2003
L. Yoges Rao, 22 years old, died in December 2003 in Sitawan police station, Perak. Following arrest
on drug-related charges he was brought to his home where, ccording to his sister, she saw him beingpunched in his stomach by police.

He was then taken into a locked room from where his sister said she
heard sounds of assaults and cries of pain. About half an hour later he was brought out, vomiting blood. He died the next day. Despite evidence of abuse on Yoges' body, the burial permit said he had died of a stomach ulcer. On receipt of complaints, suhakam initiated an investigation.

Responses from the Perak
deputy head of police included that the deceased vomited in the police station (narcotics office) and was sent to Seri Manjung hospital for treatment. The doctor who treated him was subsequently in charge of the post mortem and certified cause of death as "peritonitis with duodenal ulcer."

14.19 year old student, Vikenes Vesvanathan shoot dead by Malaysian Police

Name Age Date Circumstance of Death
Vikenes Vesvanathan.
October 10 , 2003 Vikenes Vesvanathan, a 19 year-old sixth-form student, and two of his friends, Katiravan Tamilchelvam (25) and Puvaneswaran Subramanium (24), were shot dead by police in Nilai, Negri Sembilan on 10 October 2003. Police claimed that the men had been staking out a bank
in preparation for a robbery, and that when their car was followed by police they sped away, crashed, and on alighting refused to surrender and opened fire on the police.

The police stated they returned fire killing all three men, whom they claimed were linked to at least 20 cases of
armed robbery. Police reportedly cordoned off the area where they were shot before the shooting, and reported that guns and bullets were found in the car.
Vikenes' family disputed the police version of events insisting that their son, a high school student, had no criminal record and was not, as alleged, a "marksman and a weapons expert". According to a police report lodged by a friend of Vikenes who saw his body in the mortuary,
there were two gunshot wounds to Vikenes' chest, but his shirt (which the police refused to release) had no bullet holes in it. He also claimed that there were bruise marks on his face, legs and back. In addition, the brother of Puvaneswaran stated "there were about four or five
red bruises on the back of his [brother's] body which looked like cane marks. His lips were also swollen and his nose bleeding."
A post-mortem report found that there were two gunshot wounds to Vikenes' upper chest. In findings that increased his relatives' mistrust of the police version of events, the
report stated that the wounds showed bullets had exited the body, suggesting that the firing may have taken place at close range.

15.Ulaganathan Muniandy 19, died while in detention in Kajang police station, Malaysia

Name Age Date Circumstance of Death
Ulaganathan Muniandy 19 July 21, 2003
Ulaganathan Muniandy (19 year old) an Emergency Ordinance detainee was detained at Kajang Police Station since 12 May 2003 and died on 21 July 2003 at Kajang Police Station. According to the Kajang hospital, the cause of death "cannot be determined", while family members of the deceased suspect foul play.
According to Ulaganathan's mother - Tamil Selwee a/p Ramasamy, she found that there were few bruises on Ulaganathan's body, including swollen eyes, bruises around the region of eyes and swelling on the legs during the visit she made to the Police detention centre.
When the family, with the help of SUARAM, Malaysian Bar Council and volunteer lawyer, filed a civil suit, the Attorney General finally requested for an inquest to be carried out - 4 years after the death.

16. Kannan Kanthan, 45, died in Batu Pahat Police Station in Johor

Name Age Date Circumstance of Death
Kannan Kanthan 45 February 28, 2003
In March, Kannan Kanthan, 45, died in Batu Pahat Police Station in Johor after being arrested three days earlier by the police. The deceased's nephew, Sri Rajesh Kanna Viladan, said that when he saw Kannan in court a few days earlier, he was in good health. At the mortuary, Sri Rajesh identified the body and claimed that he found injuries on the deceased—a swollen neck and injuries on the left eye and right hand. Fourteen persons were arrested in relation to the death including three police personnel. Seven of them were later charged with causing the death of Kannan in Cell 'C' lockup. In addition, a police lance corporal Azmi Harun was charged with abetting the five by transferring the deceased from Cell 'F' to Cell 'C' and allowing him to be assaulted by the detainees. The two other police personnel were subjected disciplinary actions.

17. P. Lingeswaran beaten with rubber hose by Malaysian police
Name Age Date Circumstance of Death
P. Lingeswaran 19 February 20, 2003 In February, police personnel were alleged to have beaten P. Lingeswaran together with another 19-year-old, P. Poobalan, while the two were being detained at the Subang Jaya Police Station in Selangor. According to a police report, the duo was arrested and blindfolded at the police station before they were beaten with rubber hoses. The complainant said: "I saw that Poobalan had red bruises of about 6-inches long on his back and his right hand. There were also swellings on his head, feet and the soles of his feet. As for Lingeswaran, there were (similar) bruises on both his shoulders." The two youths were subsequently released by the Petaling Jaya Magistrate's Court but were re-arrested the same day by the Subang Jaya police. Lawyer Uthayakumar said the two were re-arrested while they were seeking medical treatment for their injuries at the Universiti Hospital . The hospital staff apparently notified the police, who came and removed the two back to the Subang Jaya Police Station. The police later suddenly brought the two youth back to the hospital's police booth and released them at about 2 a.m. Malaysiakini.com reported that when it contacted the Subang Jaya Police Station, a police officer who declined to be named said that there were no records that the two youths were held during the past two days at the station.

18.Mohanan Pillai shot dead by Malaysian Police

Name Age Date Circumstance of Death
Mohanan Pillai
September 6, 2002 The widow Jeyanthi A/P Sinniah (32) who was six (6) month pregnant at that time in her police report said that the deceased telephoned his wife on 6/09/2002 at about 12.00 pm informing her that he was on his. way home. At 3.00 pm received a telephone call from her husband's friend informing her that her husband had been shot dead by the police in bad faith and with mala-fide in the "shoot to kill policy by the police". The widow in her police report Kelana Jaya NO.5203-02 dated.7/09/2002 alleged that the story by the police that her husband shot at the police and the police shot back and her husband was killed as a result as "cerita rekaan polis" (police fictious story).

19.Anthony A/L Ponnusamy is shot dead by Malaysian Police

Name Age Date Circumstance of Death
Anthony A/L Ponnusamy
August 24, 2002 The widow Vasanthi A/P Perumal (25) who was five (5) moths pregnant at that time in her police report No.1211/02 (Mantin) said that her husband bought her breakfast and left for work on 23/08/2002. From 12.00 pm on 23/08/2002 right up to the next day morning she kept calling him persistently on the phone but to no avail. The widow alleges that the newspaper stories about her husband being involved in guns for hire, extortion, gangster isu etc was false news published and was a prelude / justification for killing her husband.

She further alleged that the police pre-planned her husband's murder and does nor believe the police's version that her husband was behaving suspiciously, waiting to hijack a lorry, shot at the police the police returned fire and her husband was killed. She furhter said that her husband would not be stupid to shoot when a group of (armed) policemen supposedly cornered him. Despite a request in the said police reports an Inquest is yet to be.

Tuesday, February 17, 2009

Legal Issue on Contract Law in Malaysia. Malaysiakini

Legal Issue on Contract Law in Malaysia - Good for us to know


Do you notice that most of the time, the receipt / invoice you received from the merchant carries this exclusion clause or similarly worded statement: "Goods sold are not returnable" or "No refund once sold".

Please remember that : " As long as your goods is purchased for home use and not for business ( i.e. to be resold), the above exclusion clause is VOID.

That means, as long as the good is defective, regardless of what is worded, you CAN get back all your money spent . You do not have to accept a repair on the good or an exchange. You CAN ask for a refund.. AND you are LEGALLY right and entitled to!

And most of the time the merchant will refuse to return you your money.

You can threaten the merchant with four words: "SEE YOU IN COURT!"

The court here refers to the Small Claims Tribunal Court . Any goods which is worth RM25,000 and below can apply to this Court.

However, you don't have to tell them what court! All you have to pay is RM10 admin fee and the loser (the merchant) will have to refund you the money PLUS the admin fee!

I have seen that most educated people are cowed by such unfair wordings (which includes a few of my friends).

Pls try not to let the merchant fleece you the next time you have defective goods.

You can file this On the 16th floor of Putra Place (The Mall opposite Putra World Trade Centre) . The form cost RM5.00. The Tribunal will settle within 2 months period.

Tribunal Tuntutan Pengguna Malaysia ,
Tingkat 16, Putra Place ,
100, Jalan Putra,
50622 KUALA LUMPUR
Tel: 03 - 40492300 / 40424181 Fax: 03 - 40424259