Friday, September 30, 2011

‘Charge brother’s attacker with manslaughter’

Source: (By Teoh El Sen, September 30, 2011)
Ng Wai Keong, a disabled person who wandered the streets around Pudu crawling on his arms, died after being assaulted by a man who refused his request for a cigarette. Speaking at a press conference here today, the deceased’s brother said the suspect who allegedly attacked Wai Keong, 59, with a huge cane was only charged for “causing hurt with a weapon”.
“How is it possible that my brother was beaten to death but the person responsible was not charged for murder or manslaughter? “You say that his cause of death was inflammation of the lungs, but how did he end up in the ICU if he wasn’t attacked in the first place?” asked Ng Wai Cheong, 51, a contractor. “I want a heavier charge against the person who killed my brother,” he said, adding that the charge should at least be under Section 304 of the Penal Code for manslaughter. He said that several witnesses saw the attacker leave the scene and then return to continue attacking his brother. “There were many witnesses, maybe 100 people saw what happened but the police didn’t even try to interview them. I had to find the witnesses myself to identify the attacker. Why don’t I become the police and wear three stars instead?” he added.
Everybody liked ‘Hong Kong Boy’
Wai Cheong said that his brother was well-known in the area and everybody called him “Hong Kong Boy”. “He is harmless and the people there take care of him well eventhough he does not work. His nickname came about because he was very smart as a young boy before his mental illness set in when he was in his 20s,” he added. Wai Cheong said his brother, who had four other siblings, lost his legs in an accident four years ago. Wai Keong had been wandering the streets since his house was destroyed in a fire several years ago. He lived alone but Wai Cheong visited him every week.
An FMT survey in the area revealed that Wai Keong was well-liked in the area and was given food or drinks whenever he asked.
Recounting the day he found out about the incident, Wai Cheong said he had wanted to look for his brother in Pudu but was informed that he was taken in an ambulance to the hospital the night before. “At first I thought it was an accident and I went to a few hospitals but could not find him. At last I found him warded in the ICU of Hospital Kuala Lumpur. He didn’t look good, he was in a coma, and was not breathing at all. The doctor said there was little hope for him,” he added. Six days later on Sept 8 Wai Keong died but his family was never told of his cause of death.
Lawyer: Review the charge
DAP lawyer Keppy Wong said the police had later informed them that Wai Keong’s cause of death was from inflammation of the lungs and not due to the injuries from the asault. “Given the scenario that the victim was assaulted, the police must reclassify the investigation papers and review the charge to 304 for manslaughter. We’re talking about a life lost here,” said Wong, who is acting for Wai Cheong. “It appears that in this case the investigation was not done properly. The confidence of the people in the police and courts must be given priority. This cannot be accepted by the public when a death had occurred,” he added. Wong said that the post-mortem report should be made available so that the family could get a second opinion from other pathologists. “We would also be writing to the Attorney-General’s Office,” he added.
Segambut MP Lim Lip Eng and Cheras MP Tan Kok Wai were also present at the press conference. “The case must be reopened and reinvestigated,” said Lim. “When there was a cat or dog abuse, there was a public outcry. Now a human life had been taken, we must voice out to the authorities to bring justice.”
It was reported that in the early hours of Sept 3, Wai Keong had stopped to ask a man for a cigarette near a night club in Jalan Sungai Besi. The 34-year-old man had refused and an argument ensued, during which the man, believed to be drunk, took a cane and repeatedly assaulted Wai Keong.
Contacted later, a police spokesperson confirmed that the suspect, known only as Ah Seng, had been charged under Section 324 of the Penal Code but said that the decision to ammend the charge was with the Attorney-General’s Chambers.

Monday, September 26, 2011

Wrecked car affecting traffic towed

Lim hired a tow truck to tow the wrecked car to a City Hall parking area near the Segambut commuter station. (Photo by Sin Chew Daily)
Source: (2011/09/23, By Veena Babulal)
KUALA LUMPUR: City Hall's delay in the removal of an abandoned car in Jalan Segambut has irked Segambut folk. Motorists using the road which is an artery to the city, Jalan Duta, Jalan Ipoh and Mont Kiara want to know why City Hall did not remove the abandoned car on its flyover near the Segambut commuter station.
The car believed to be involved in an accident on Sept 10 had been there for five days before Segambut member of parliament Lim Lip Eng hired a tow truck to remove the vehicle. The car was then pulled to a City Hall parking area near the commuter station. Lim resorted to taking matters into his own hands on Sept 15 after complaints lodged with City Hall by himself and residents on Monday (two days after the car was first spotted) were not addressed.
Mohd Ishak Sidin, 40, said the abandoned car had caused the jam in Jalan Segambut to worsen. "It used to take us two hours to ply the Jalan Segambut during rush hour in the evenings. But the abandoned car increased the journey two fold. It was especially bad during the evenings, it took me four hours to reach home from the flyover, which is barely 1km away," said the resident of Mandy Villa Apartment at Segambut Bahagia. "The car blocked more than two thirds of the lane of the dual carriageway near the commuter station where traffic flows from the Duta roundabout and Jalan Ipoh towards the city," he said adding that the damaged car and traffic cones took up between 6m and 9m length of the road. "It also caused a backlog of traffic to Jalan Kuching and Jalan Duta as the road ahead after the flyover at the Segambut KTM commuter station narrows into a single carriageway."
Khairuddin Karim, 55, also said that he could not understand why the police who conducted road blocks near the bridge could not tow the vehicle or inform City Hall about it.
City Hall was unavailable for comment.

Online order gone wrong, factory owner cheated

Conned: Tan showing the inferior material he received from China that he ordered through a website. (Photo from Guang Ming Daily)
Source: (By JASTIN AHMAD TARMIZI, 26/9/2011)
A factory owner was cheated when he bought goods worth almost RM500,000 from a website recently.
Tan Chong Chew, 48, whose factory manufactures thermoplastic road marking material in Kota Damansara, said he ordered four containers of hydrocarbon resin for making road marking from three companies in China only to receive fake and inferior material. “My company has been importing this material from China for almost 10 years from one supplier. The usual supplier had to stop production for maintenance of the factory for a few months. “We cannot stop production as there is a demand here so we had to source from other suppliers,” he said. Tan said he had asked the companies to send specimens of the material before making the purchase. “The specimen they sent was genuine and we paid a 30% deposit to confirm the order and paid the rest once the goods were on board the ship. “When we received the product, they were not the material we ordered,” he said, adding that the material he received was inferior such as bitumen. Tan said after receiving all the goods, he tried to negotiate with the suppliers, however, the three companies denied sending the wrong product. “Two of the companies agreed to compensate assuring me they would deduct from future purchases and told me to place another order,” he said. Tan said he went to China twice to complain to the authorities only to find that the address given by the suppliers were non-existent.
Segambut MP Lim Lip Eng, who accompanied the victim at the press conference, urged people to be more careful when buying products on the internet. “We have to always check with the relevant authorities and confirm whether it is a genuine supplier before making a purchase,” he said. “I will try to highlight this case to the Chinese embassy in Malaysia and the police,” he added.

Security threat to expo puts dent on Malaysians’ dream holiday abroad

Venting their anger: Some of the tour package customers explaining their ordeal during their trip to China to the tour company operators Sunday. (Photo by Guang Ming Daily)
Source: (By WONG PEK MEI, 26/9/2011)
A dream holiday turned into a nightmare for a group of 80 Malaysians when China's security authorities received threats to sabotage the China-Eurasia Expo held in Urumqi early this month. Their tour agency YangTze Cruise and Tour Sdn Bhd said the company did its best to resolve the logistical problems encountered by the group but claimed its hands were tied. However, businessman Wong Ket Peng, 53 and his wife Wong Sow Fong, 48, who spoke on behalf of the 80 customers from the same tour to Urumqi, described their experience during the 10-day trip from Aug 21 to Sept 5 as “mentally, emotionally and physically torturing”. “On the sixth day of our trip, from Dan Huang to Hami, we had to suffer a heavy traffic jam for more than 24 hours. “We had to sleep in the bus and relieve ourselves in public. It was humiliating. “To add salt to injury, we had no food and drinks as well as accommodation, although we had paid for all these in our tour package which cost RM5,000 to RM7,000. “Due to the delay in reaching Hami, the company cancelled visits to two important tourist spots - Balikun Grassland on the way to Turpan and the International Bazaar at Urumqi,” said Sow Fong, a secretary. The couple were among the customers who held a protest in front of company's office at Jalan Pinggir yesterday. She said their tour guide offered them compensation of RMB55 (RM27.25) each for the cancelled visits, food and accommodation. “But this is simply not enough for what we had to endure,” she added.
Yesterday, the group, along with Segambut MP Lim Lip Eng, met company president Tan Han Soong. Lim said he would help them file a formal complaint to MATTA as it was in the position to intervene and resolve the issue.
Tan said the company did not realise there would be heavy traffic on the Silk Road where the group was travelling due to the threats to the expo, which was launched by China's Vice-Premier Li Keqiang. International media reported an increase in security, including checks made in the trunks of cars and searches of bags in public areas in Urumqi, the capital of China's northwestern Xinjiang Autonomous Region, during the five-day expo. “Security was heightened due to rumours of terrorist attacks. So our customers were stuck on the road between 16 and 30 hours,” he said. He said the company tried to send supplies, but it was impossible due to road closures.
Tan said he would leave the matter to the Tribunal Court to decide if the group resorted to taking the case there.

Thursday, September 15, 2011

Honour RM70m court award, govt urged

Source: (By Teoh El Sen, 14/9/2011)
Prime Minister Najib Tun Razak has been urged to step in to resolve the issue of Pahang government’s refusal to pay a logging company RM70 million awarded by the Kuantan High Court.
DAP’s Segambut MP Lim Lip Eng said that the federal government could readily provide a grant or a friendly loan (without interests) to the Pahang government if the latter found it difficult to come up with the money. Said Lim: “I think it’s about time the prime minister intervened… He is a Member of Parliament from Pahang. This is his own state and he shouldn’t ignore this.” Lim also said that the Pahang government has misused and abused Order 73 under the Rules of the High Court 1980, which states that no judgment or orders can be enforced against the government. “We believe that the state government is using this law to shield it from paying the judgment sum. “Legally, the state government may be protected from enforcement actions under this section. But ethically, in the eyes of public, local and foreign investors… the state has failed to honour its business contractual terms and the court of law.” Lim said that never in Malaysian history has the government refused to pay an amount when it has been decided by a court.
“In Penang, (Chief Minister) Lim Guan Eng had always paid what is being awarded by the court even though this was something done by the previous Barisan Nasional state government.” “Why? Because this is what he (Guan Eng) preaches: a good government, transparency and abiding by the law. That’s why Penang has seen a huge jump in foreign investments,” said Lim.
Breaching logging contract
Ten men, directors and shareholders of a logging firm Seruan Gemilang Makmur Sdn Bhd, are now on a hunger strike relay to compel the Pahang government to abide by a court ruling to pay their company some RM70 million. The company had in 2002 sued the state for breaching a logging contract in which Seruan Gemilang claimed it was issued a permit to clear 8,000 acres of forest in Pekan, said to be owned by Pahang Umno. However, it was later discovered that the land was owned by the state government and not Pahang Umno, eventually forcing the company to cease operations until the matter was resolved. In May 2007, the Kuantan High Court ruled in the company’s favour and ordered the Pahang government to pay them more than RM37 million plus interest of 8% per annum. The total comes close to RM70 million. The men started the strike in front of a temple in Segambut on Sept 8, rotating in pairs. Two have since been replaced after they collapsed last week and earlier this week.
‘No respect for law’
PAS’ Shah Alam MP Khalid Samad and PKR’s Selayang MP William Leong visited the hunger strike protesters this morning. “The Pahang state has no respect for the law. The court has ruled, don’t mislead the public. For the state government to completely disregard the court… it is either bankrupt or is just a bunch of gangsters,” he said. “The BN has been in power for too long… getting away with murder in the case of Altantuya Sharriibuu, and it has already corrupted the whole judicial process with Anwar Ibrahim’s trial,” said Khalid. “How can you have a BN state government with such attitude? This is typical of Umno and BN attitude,” he said. It is understood that the hunger strike would last until tonight as the protesters are planning on continuing it near the Balok beach in Kuantan.
Seruan Gemilang manager Lee Sin said this decision was made because there are more than 100 investors, staff, and former workers who would participate in the strike in Pahang. “Besides the 10, we also had other workers who lost their income when the Pahang government stopped the logging work. Eventhough some of them have passed away, we hope to help their family if we can get back the payment,” he said. The group is also hoping to seek an audience with the Pahang Sultan to raise the matter.
Related news: Hunger strike over court payment ends
Lawyer in hunger strike row claims Putrajaya distorting courts

Monday, September 12, 2011

Hunger strike protester collapses

Source: (By Teoh El Sen, 12/9/2011)
One of 10 men from a logging company staging a hunger strike relay against the Pahang government collapsed this morning and had to be sent to the hospital here.
Shareholder Ramli Suleiman, 46, is the second person to have ‘burnt out’ after surviving only on liquids for five days. The first was 68-year-old John Chong who was sent home on Saturday morning after suffering from intense pain. A doctor diagnosed that Chong cannot continue the strike as the man’s hernia had relapsed. Both men started the strike last Thursday.
Earlier today, Ramli was found in a weakened and incoherent state, lying in a makeshift tent in front of the Loke Hup temple in Segambut. Alerted to his condition, Segambut MP Lim Lip Eng called for an ambulance to the scene. While being carried to the ambulance by medical personnel, Ramli was seen struggling and muttering: “Biar saya, biar saya (leave me alone)”. He was sent to the Kuala Lumpur Hospital. Two other men, shareholders Lim Ting Sin, 68, and Pang Chow Seng, 70, have now taken over to from the two continue the hunger strike. The 10 men, directors and shareholders of of logging firm Seruan Gemilang Makmur Sdn Bhd, want the Pahang government to abide by a court ruling to pay their company RM70 million.
Pahang MB a lawless hooligan’
The company had in 2002 sued the state for breaching a logging contract and the Kuantan High Court ruled in their favour in May 2007. It ordered the Pahang government to pay them more than RM37 million plus interest of 8% per annum. The total came close to RM70 million. When they started the strike on Sept 8, the group said they would do it in pairs and if anyone of them collapsed, others would take their place, saying “death” was preferable to injustice.
Seruan Gemilang manager Lee Sin alleged today that Pahang menteri besar Adnan Yaakob had lied in a statement to the media yesterday concerning the case. “He said that the state was still looking at possible legal remedies, but we know for a fact that we’ve exhausted all available legal avenues,” said Lee, who then threw a challenge to Adnan. “If it’s true that we can still can appeal in court, we will stop the hunger strike. But if you’re lying and we have no other way, then you should settle the debt immediately,” he said.
“The menteri besar is a lawless hooligan,” said Lee. “We are old and I’m retired now, so I’m doing this. As Malaysians and we should be abiding the law, especially the state government. “Even if they don’t do anything, at least we are highligthing the matter and letting the public know what the state is doing,” said current protester Lim, camped under a tree today.
Also read: ‘Give us justice or death’

Friday, September 9, 2011

Hunger strike to compel payment from Pahang government of court award

Photo by Lim
Source: (By Tan Yi Liang, 8/9/2011)
A group of 10 directors, investors and shareholders of a logging company are staging a hunger strike relay until the Pahang state government pays it damages awarded by the High Court. The strike which began in Segambut today will continue until the Pahang mentri besar pays Seruan Gemilang Makmur Sdn Bhd the RM63 million awarded to it in 2009, when the company won a suit against the state government for breach of contract.
One participant, John Chong, 70, told a press conference the hunger strike was being staged due to the reluctance of the state to pay the sum which has since increased. “The money aspect is there and it is true that I benefit if they make payment, but I cannot tolerate an act of injustice by a state government which I believe will affect Pahang’s image to foreign investors,” he said. “If I am a foreign investor, I will not invest my money if such defiance goes on. A judgment was legally obtained in court. If authorities do not abide by the law, where do we stand?” Chong, a former High Court officer, said he would continue the strike until the Pahang government pays up or he collapses – whichever comes first. Another participant, former police Special Action Unit member Ramli Suleiman, 46, said he was striking to express his dissatisfaction at Mentri Besar Datuk Seri Adnan Yaakob. “How can he administer Pahang when he can’t resolve cases like this?” asked Ramli, who was the Sultan of Pahang’s former bodyguard. Seruan Gemilang manager Lee Sin said the strike was being staged in Kuala Lumpur as the company was unable to find a place in Kuantan to highlight the issue.
Explaining the concept of the relay, Cheras MP Tan Kok Wai said the participants will take turns to go on a hunger strike. “When one collapses, another from among the 10 will line up to take his place,” Tan said.
Segambut MP Lim Lip Eng said he would look in on the participants daily and defend them against any harassment by the authorities.
The Kuantan High Court had awarded the company RM37,127,471.60 in damages with 8% interest per annum from Dec 31, 2000. The sum was awarded on May 25, 2007 after it won a suit naming the Pahang government and the state forestry director as defendants. The award was upheld by the Federal Court. The Court of Appeal rejected the state’s application for leave to appeal the High Court decision, and the Federal Court on Sept 17, 2008 upheld the Court of Appeal’s decision. However, the mentri besar’s subsequent application to the Court of Appeal to set aside an order of mandamus from the Kuantan High Court compelling the mentri besar to settle the amount was allowed on Oct 9, 2009. The Court of Appeal ruled that the state financial officer and not the mentri besar should have been named as the respondent in the order of mandamus.
Related news: ‘Give us justice or death’
Loggers hunger strike over Pahang gov't non-payment
Shareholders on hunger strike over Pahang government payment