Justice of Peace revoked

The Sultan of Johor’s decision to revoke all Justice of Peace (JP) awards in the state is an applaudable effort to save the honour of titles given by the state.

The prestige of state-bestowed titles in particularly the JP must be maintained and the appointments should be confined to deserving individuals for their contributions to society rather than due to political connections.

Sultan of Johor gave a spot-on explanation on why the irrelevancy of JPs in today's society as there were enough legally-qualified magistrates serving in the courts.

Technically, a JP is a second class magistrate. However, many JPs are not legally qualified with some are even illiterate. Therefore, it is time for the people to understand that JPship are no longer relevant or needed to honour individuals for their contributions to society because there are many other titles for that purpose.

All heads of states should take the cue from Sultan of Johor by stop giving out JP awards with immediate effect. This is especially so since most rulers have stopped appointing JPs for many years. Johor has not appointed JPs since 1980, Penang (23 years), Pahang (12 years) and Selangor (11 years).
Lim Lip Eng

Peaceful demo held over eviction notices

Source: http://thestar.com.my/metro (By TAN KARR WEI, 26/2/2011)
Batu Estate residents want the Kuala Lumpur City Hall (DBKL) to delay the demolition of their homes. A group of about 30 residents, led by Segambut MP Lim Lip Eng and several top PKR members including vice-president N. Surendran, Batu MP Tian Chua, Subang MP Sivarasa Rasiah and Kapar MP S. Manikavasagam, held a peaceful demonstration at the DBKL headquarters in Jalan Raja Laut.

The 38 families were issued eviction notices in January and DBKL enforcement officers and representatives from the developer Mayland Development Sdn Bhd arrived at the site on Feb 16. The residents had resisted the demolition and the DBKL said that it would delay the action for another two weeks.

Lim maintained that the DBKL should not have sent out the eviction notices because it was private land and, as a local authority, the DBKL should stay out of the dispute. Lim and Surendran were adamant that it was unlawful for DBKL to use the Emergency Ordinance to evict the residents.

“Why should the ordinance be used to evict these residents when the court has already ruled that they are not squatters?” asked Surendran.

“DBKL is using this to help private land owners and it will set a bad precedent,” added Lim.

The residents also prepared a memorandum to be handed over to Kuala Lumpur mayor Datuk Seri Ahmad Fuad Ismail and wanted an reassurance that their homes would not be demolished. (DBKL) deputy director-general (development) Zulkifli Ibrahim received the memorandum on behalf of the mayor but could not give an assurance to the residents before discussing it with the mayor. Sivarasa, who also represented the residents in one of the court cases, questioned why the DBKL should receive a three-acre plot of land as compensation for the DBKL flats that the residents would rent.

Related news: Ex-estate workers protest at City Hall http://www.malaysiakini.com/news/157022

Bad roads and potholes are the bane of road-users

Less than perfect: Jalan Duta Kiara in Mont Kiara recently went through some roadwork but the bad patchwork has led to an uneven road.

Source: http://thestar.com.my/metro (Story and photos by FAZLEENA AZIZ and PRIYA MENON, 21/2/2011)
Almost everyone has a story to tell when it comes to the bad road conditions and potholes in the Klang Valley. Often drivers are caught by surprise as their tyres plunge into a pothole or when a smooth ride turns bumpy as they cruise along city roads. One of the notorious spots is Jalan Ampang, which is marred by uneven patch-up work and potholes. Adding to the problem are ongoing construction projects along the stretch, which brings heavy vehicles to one of the busiest roads in Kuala Lumpur. Other areas such as Ampang, Petaling Jaya, Sentul and Bangsar also have roads that need to be resurfaced and repaired due to the deteriorating conditions. Some are caused by utility companies that do no carry out proper resurfacing work after digging up the roads for repair works. Most councils require a deposit from companies before they are allowed to carry out any roadwork. If the council finds the resurfacing job has not been done properly, resulting in sedimentation on the road, the deposit is then forfeited. It has been reported that RM500,000 per kilometre is needed to carry out road resurfacing.

Segambut MP Lim Lip Eng said the two causes for the bad road conditions in the Klang Valley were the old method of patching the holes as well as underground water leakage. “There are also contractors who take the easy way out to save money,” he said. However, there is not enough enforcement to check on the quality of roadworks. In his constituency alone, there are holes from digging work that have been left as they are for months, especially in Segambut Dalam, Mont Kiara and Hartamas.

Retiree Tan Lim Beng said the condition of roads were really bad, especially near his house in Cheras. “The roads have been in a bad condition for years and Kuala Lumpur City Hall (DBKL) is not pro-active in solving the issue,” he said. He said on a previous occasion, it was only after he complained to a newspaper about a pothole that DBKL called him to get details of the location and repaired it. He said the various local councils ought to have a special team to monitor and check on the condition of roads in the city and get potholes patched up before the public complained. Fruit and drink seller Mohd Johari Abdullah, 27 feels the authorities needed to do a better job of maintaining the roads in the city. He said the bad condition of roads added to the problem of traffic congestion in Kuala Lumpur. “It is worse when it rains because motorists are not aware of deep potholes when they are filled with water. They are dangerous especially for motorcyclists and people driving small cars,” he said. “Potholes and bad road surfaces seem to be a national problem; my friends in Penang have also complained about them,” he added. Mohd Johari also complained that it was bad for his business when companies dug up roads, kicking up dust, and after that failing to resurface the road properly, leaving an uneven road that might cause injuries to pedestrians.

Kuala Lumpur mayor Datuk Seri Ahmad Fuad Ismail said 80% of the potholes and uneven roads were caused by utilities and telecommunication companies digging up the roads to install and repair their cables. He said there were so many of such roadworks that it had become an embarrassment to DBKL because the blame was often laid at its door. “The utility companies do not do a proper job of resurfacing and sometimes they do not even ask for our permission before digging up the road. “Most of the time they do the work at night and rush to get it done by morning, so there isn’t enough time to do a thorough job,” he said. Other causes are cement mixers and heavy vehicles from cement plants and construction sites. Construction companies are required to place sturdy bricks on the road to protect it from the wear and tear brought on by the heavy vehicles but some do not ensure this step is done properly. Meanwhile, cement mixers drop blobs of cement on the road, which result in a bumpy ride for other road users and may be a potential road hazard. Fuad said DBKL might have to resort to drastic measures to stem the problem of potholes and uneven roads. “We may have to change the materials used to resurface the road, this may increase the cost by 20% or 30% but we will get better results like Singapore,” he said.

He said the local authority might also revise the charges imposed on errant contractors to ensure future jobs were well done. He added another long-term solution would be to have common trenching that allowed all companies to begin work at a special designated area. Fuad explained there were three types of contractors in charge of fixing potholes. The first are contractors hired through open tenders for long distances of 5km or more. Smaller companies are selected through a ballot system to repair potholes outside the city centre, while DBKL resurfaced roads that did not fall into either category.

No to IPCMC: Lip Eng slams Hisham for disrespecting King and citizens

Source: http://www.malaysia-chronicle.com (Written by Selena Tay, 18/2/2011)

Segambut MP Lim Lip Eng, who is the lawyer for two victims of alleged police misconduct, slammed Home Minister Hishammuddin Hussein for disrespecting the wishes of the King and the people by refusing to set up an Independent Police Complaints and Misconduct Commission. "In disregarding the recommendation of the Royal Commission, the Home Ministry has shown disrespect to the rakyat as the Royal Commission is under the auspices of the Yang Dipertuan Agong who represents the rakyat. The Home Ministry has therefore chosen to ignore the voice of the rakyat," Lip Eng told Malaysia Chronicle.

Despite growing public unhappiness with the police, Hisham - the cousin of Prime Minister Najib Razak - had insisted that the situation was under control and did not warrant an IPCMC. Yet since the Dzaiddin Royal Police Commission was established in 2004 to look into widespread public complaints about police corruption and brutality, there has been litttle improvement and many even argue that things have become worse.

"We cannot let this go on. The police is the enforcement agency and the bad impression or image that the public has of them has got to stop. Therefore, the BN Government must set up the IPCMC immediately and not give lame excuses not to do so. As far as I know, the Home Ministry will not be setting up the IPCMC and this is absolutely wrong as the IPCMC was recommended by the Royal Commission which was set up to look into this matter," Lip Eng said.

Worsening relations between the police and the people

After a year-long study, the Dzaiddin Report was submitted to the federal government in April 2005. It contained 125 recommendations, the core proposal of which was the establishment of IPCMC - where the public could air their grievances and complaints. Even then Hishammuddin - who was the Umno Youth chief at that time - had led protests against the formation of the IPCMC. It is believed that that the corrupt and the influential within the force had opposed the IPCMC on fears it would curtail their income from unhealthy sources and underground activities. Umno was also accused of being afraid to antagonise the force, which is one of the ruling party's biggest vote banks, and of closing an eye to the calls of the citizenry for a thorough spring cleaning. DAP adviser Lim Kit Siang has also condemned the government for lacking the political will to stop the police from committing abuses.

Meanwhile, Lip Eng pointed to the deteriorating relationship between the police and the people.

He gave examples in other countries, especially in Britain where it can be seen that the public are very friendly with the police whom they consider as their neighbourhood friends. "On the contrary in Malaysia the rakyat avoid the police and do not want to have anything to do with the police to the extent that sometimes snatch theft cases are not reported. Some people also fear the police victimising them for offences such as not wearing seat belt or helmet," added Lip Eng. The Segambut MP also reiterated that an IPCMC was good news and a win-win situation. "The IPCMC can enable the police to regain public confidence. In fact the police need the IPCMC more than the public," said Lip Eng.

Lip Eng is the lawyer holding a watching brief for Chia Buang Hing, a businessman who claimed that he was assaulted by 4 policemen at the Kota Damansara police station in December 2010. He is also the counsel for a lady shop proprietor who claimed that she was slapped by a police officer during a raid on her shop earlier this month.

Anyone facing charges in court must use main entrance, says official

Source: http://thestar.com.my/news (By YUEN MEIKENG and SHAILA KOSHY, 15/2/2011)
A court official (CJM’s special officer) said those called to court to face charges are not allowed to use any entrance other than the main entrance to enter the courtroom. He said this after five policemen charged with assaulting a businessman in Kota Damansara last December caused a stir in a magistrate’s court here when they entered the courtroom through the staff entrance and not through the main door. Asked how the five accused had been allowed to enter from this entrance and whether they had received preferential treatment because they were from the police, the court official said: “The policemen accused in this case were allowed to use that entrance by the police on duty at the courthouse. “The police have been warned never to do that again,” he said.

Irritated by their entry through the staff entrance, lawyer Lim Lip Eng, who is holding a watching brief for plaintiff Chia Buang Hing, told magistrate Nik Mohd Fadli Nik Azlan that the accused should not have used that entrance. Lim then applied to the court to order them to re-enter the court room via the main door and to leave through the same door. Nik Mohd Fadli, however, said he could not give such an order and rejected Lim’s application.

Four of the accused, constables Mohd Azwan Hassan, Norzali Rosle, Ahmad Saifullah Osman and Alizulhafiz Abdul Ghafar, were charged on Jan 11 with intentionally causing hurt to Chia at the Kota Damansara police station at between 12.30am and 3am on Dec 19. Mohd Azwan and Norzali (both currently suspended) were also charged with causing hurt to Chia at Jalan PJU 3/15 between 11.30pm on Dec 18 and 12.30am on Dec 19. The fifth accused, Lans Kpl Mahadi Adam claimed trial in the same court to a charge of disobeying an order under Section 20 (3) of the Police Act 1967, relating to the incident. Norzali was charged in another magistrate’s court with intending to cause false charges against Chia, 35, for allegedly having drugs and a machete at the Kota Damansara police station at 2.01am on Dec 19. Norzali had, on Jan 28, pleaded not guilty to the charges.

In applying for the court to disallow the five to use the staff entrance – located at the back of the courtroom – Lim had argued that all are equal before the law. “Everybody else enters the court through the main door,” he said.

Ricky Tan, another lawyer holding a watching brief for Chia, also argued that the court would set a precedent for others if it allowed the accused to enter via the staff door.

However, counsel Ahmad Zaharil Muhaiyar, who represented the five policemen, argued that Lim had applied for the order because press photographers were outside the main entrance to take pictures of the accused.

Related news: Lawyer livid over 'special treatment' for accused cops http://malaysiakini.com/news/155996