Archive for September, 2009

30
Sep
09

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ISA SAMAD

I can’t say I know Isa Samad personally!

The only face-to-face encounters I’ve had with him was when my father died on 22 July 1996. He was the first to arrive at the Seremban General Hospital and read the Surah Yasin with my three siblings and me on the bare hospital floor. He was at the pengkebumian at the Makham Tuan Haji Said where he gave an eulogy in memory of  Dr Mohd Said, his predecessor as ADUN Linggi and the first elected Menteri Besar of Negeri Sembilan. I sent a note on behalf of the family thanking him for his kindness.

Isa actually called my father Pak Ngah as apparently he is a waris Linggi but grew up in the neighbouring constituency of Telok Kemang, Port Dickson. If he is from Linggi, then like my father he must be of  Bugis ancestry – or at least part Bugis as I am. The current Menteri Besar Mohamad Hasan is also a Bugis from the neighbouring area of Rantau. Three of the post- Merdeka Menteri Besar Negeri Sembilan are Bugis and two Minangkabau (Mansor Othman from Kuala Pilah and Rais Yatim from Jelebu). 

WIBS

I grew up plying up and down the Seremban, Linggi, Rantau and Telok Kemang roads accompanying my father on frequent trips to Linggi to visit my grandmother. I would always drag along Saroja the gardener’s daughter and my Brahmin friend Manjoola. Together we climbed the rambutan  trees and plucked langsat, rambai, buah bidara and manggis with a long galah. Then while I tucked in on Tok Majidah’s Bugis pencuk daging salai, Saroja and Manjoola would savour the upih– wrapped smoked lempuk durian or cempedak rolled in coconut freshly grated on the kukur by my cousin Nab.

They were the three childhood friends I spent long hours with doing the things that girls did in those days – flying kites, spinning tops and marbles – which were not much different from what the boys did!  On the way to or from Seremban, depending on the time of day, we would stop in Rantau to be treated to the most delicious doughnuts at a Chinese kedai kopi. In the car boot were udang galah from Kuala Linggi or Pengkalan Kempas to be turned by my mother into creamy pencuk udang or swelteringly hot masak lemak cili padi. These are the wonderful memories of  much-loved children and grandchildren of beloved parents and grandparents! 

Now back to Isa! I bear him no personal grudges not knowing the man nor his private life, hopes and dreams. All I know is what I read in the papers and what I pick up from local talk, one of which is that when he was MB he was not liked by the Yang di-Pertuan Besar and the royal family for standing up to them. I remember a royal birthday celebration where he felt unwelcome and stood sheepishly in the background while the elite of Kuala Lumpur partied in Istana Seri Menanti. I felt sorry for him then as my father had had a similar experience!

 Politically one can say that he is outstanding having become the MB at an early age and served the state for 23 years. He was a Federal Minister for a short period before being found guilty of breaching UMNO party ethics – the newly branded euphemism for abuse of power and corruption. He was duly suspended for three years while his colleagues have got away with more serious offences and even crimes.

Isa may be a popular candidate who will deliver Bagan Pinang with a stumping majority to start UMNO’s return to splendour! But I very much doubt the support from the urban electorate grown much wiser with the knowledge of and exposure to the blatant wrongdoings of the UMNO hierarchy! Meanwhile UMNO’s rural grassroots base will continue to be hoodwinked by and embroiled in the corrupt activities of their branch and division committees! 

With the widely debated and wildly controversial reinstatement of Isa Samad in the Negeri Sembilan UMNO hiearchy, UMNO’s name is tarnished forever for not being consistent in pursuing its promise of reform and affirmative action on the party constitution but most of all on its members and the mechanisms by which they operate. UMNO will go down in history as the party that pledged to eradicate corruption but did not have the political will and know- how to handle the malaise of the corrupt Malays.

It will be remembered as the party which vowed to uphold the constitutionally- defined interests of the Bumiputera Malays and their language, the Malay Rulers and Islam, and ended up as the abuser of Malay sentiments and corruptor of the Malay psyche!

29
Sep
09

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SHOCKED AND STUNNED

I’ve just heard the devastating news that Isa Samad has been named the UMNO candidate for the Batang Pinang by-election!

What must the leadership be thinking? Or are they thinking at all?

When the whole country is watching and waiting to see if the President and Deputy President are serious about their pledge of eradicating party corruption, they have selected the very person who was found guilty of money politics and suspended by the party for 3 years!

They have appallingly succumbed to the pressure from the very people who should be booted out of the party. What does this say about the integrity of the leadership!

Or is it the case of I scratch your back, you scratch my back; I hide your skeletons, you hide my skeletons – in your cupboards that is!

Some of the UMNO branch and division leaders, supreme council members and even those higher up in the hiearchy will continue to hoodwink the rural folks who are still loyal to the party and made to feel dependent on the handouts they receive! They will be beholden, terhutang budi and continue to give their votes.

But I believe the Opposition will gain ground and slander UMNO and its leadership further! I believe the support for UMNO will diminish among the thinking and rational voters!

I really hope there’ll be many more Malaysians who will think straight and place utmost importance on personal honour and dignity!

As my friend Nasirah says we must begin to VOTE FOR THE CANDIDATE WITH INTEGRITY NOT FOR THE PARTY WITHOUT INTEGRITY!

28
Sep
09

 UMNO CAMPAIGN STRATEGIES

 

                                                          DYNAMIC MANAGERS

 

                                                        UK POSTAL VOTES

 

                                                                        BLOGGERS’ NETWORK

 

                                                                POLITICAL CONNECTIONS

 

                                                                        KETUA WANITA

                                                                   

                                                                        MIC SUPPORT

 

                                                                             MCA UNITY

                                                                                                      

                                                                              RESTU ULAMA

 

                                                                            KAKAK & ABANG 

  

                                                                                                                      

                                                                            UNDI WANITA

 

                                              PUTERI AYU 

                                                                               

                                                                            YOUNG VOTERS

 

                                                                             ANAK  CUCU

 

                                                                         FAMILY TOGETHERNESS

 

                                                                           

                                                                           GRASSROOTS SOLIDARITY

 

                                                    PERALIHAN KUASA

                                                                             

                                                         WARISAN KITA

 

                                                                                 MELAYU LAMA 

 

                                                                                   I (ONE) MALAYSIA

27
Sep
09

New Post

 

 

BY-ELECTION CANDIDATE

I’m not sure whether I’m flattered or amused by the commenter pakbelalang’s suggestion on Tun Mahathir’s (chedet.cc) blog posting CALON BERSIH that I’m the right UMNO candidate for the Bagan Pinang by-election in Negeri Sembilan.

Apparently, I will be accepted by the local people because my late father Tan Sri Dr Mohd Said was the former Menteri Besar of Negeri Sembilan who hailed from the neighbouring state constituency of Linggi. My academic background, it is asserted, will stand me in good stead as a credible, reliable candidate whom the voters will support. More amazing is the suggestion that I might be the future Menteri Besar.

Here goes:

Dear Tun,

I want to make a suggestion that the best candidate for BN to be considered seriously to contest for the Bagan Pinang state constituency of Negeri Sembilan is none other than Dr Halimah Mohd Said, the daugther of Tan Sri Dr Mohd Said, the former Menteri Besar of Negri Sembilan.

She was an academician aged 59 and comes from a well respected family. Her root is from Linggi and I am very confident that she will be accepted by local people there irrespective of race.

It will be smooth sailing for BN to campaign with a candidate of high stature like Dr Halimah. What say you,Tun? She can even be the potential Mentri Besar !!

Worth trying to approach her whether she is interested to contribute her service to the rakyat.

I am suggesting this to you because I know you know her family well.

I must thank pakbelalang whom I’m sure I know or who knows one of my six siblings or the whole Said family well, for having such confidence in my ability to enter active politics. He must know a little or a lot about my family culture and values to make such a bold presumption – and to none other than Tun Mahathir himself.  

To pakbelalang and to my readers I would like to say that although I have a keen interest in the political developments in Negeri Sembilan because of my father’s involvement in the post-Merdeka era and my own current interests as a socio-political writer,  my aspirations shall remain at the level of commentary and comment on, and perhaps criticism of political happenings.

Not having been an active member of UMNO all these years disqualifies me immediately both in terms of knowledge and exposure to UMNO’s political culture at the very basic grassroots level, as well as the inter-personal influence and networking essential for a worthwhile political career.

Whatever information I’ve been able to gather about state and national politics comes from reading the newspapers and the blogs and sharing bits of information with family and friends. A lot comes from my father’s manuscripts and writings which he patiently and diligently documented all those years. Leafing through them and reading the detailed entries in his diaries gives me a privileged sense of the history and politics of a past era.

In other words, I myself do not have a political base or aspiration. It’s certainly tempting to think that one can serve the nation and help to influence the lives and fate of the people in direct (political) ways. But politics is not the only option for national service!

I’d like to think that I’ve contributed in some small measure to educating the nation’s young for more than thirty years – 7 years as a school teacher and  24 years as a university lecturer. Bukan kah ini juga perjuangan demi bangsa, agama dan negara? 

Perhaps if I was five years younger I would consider it worth my while to enter the political arena and battle it out with the wolves, lions and tigers out there – not to mention the snakes, monkeys and rodents!

It would be wonderfully enriching to strengthen one’s political beliefs and ideals through it all! It would be spiritually fulfilling to consolidate one’s philosophy of life through living a life of politics!

But my vocation and calling lie elsewhere! I will continue to write! Besides pakbelalang – I’m 63, not 59! Sigh!

25
Sep
09

2yx3wjl

 

ASSAULT AND BATTERY

Introduction

In the context of criminal law, “assault and battery” are typically components of a single offense. In tort law, “assault” and “battery” are separate, with an assault being an act which creates fear of an imminent battery, and the battery being an unlawful touching. Assault and battery are intentional torts, meaning that the defendant actually intends to put the plaintiff in fear of being battered, or intends to wrongfully touch the plaintiff. The wrongful touching need not inflict physical injury, and may be indirect (such as contact through a thrown stone, or spitting). This article describes the law of assault and battery as it is commonly applied, although the law may vary in any specific jurisdiction.

 

Assault

An assault invoves:

  1. An intentional, unlawful threat or “offer” to cause bodily injury to another by force;
  2. Under circumstances which create in the other person a well-founded fear of imminent peril;
  3. Where there exists the apparent present ability to carry out the act if not prevented.

Note that an assault can be completed even if there is no actual contact with the plaintiff, and even if the defendant had no actual ability to carry out the apparent threat. For example, a defendant who points a realistic toy gun at the plaintiff may be liable for assault, even though the defendant was fifty feet away from the plaintiff and had no actual ability to inflict harm from that distance.

assault

Battery

A battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person. Please note that an offensive touching can constitute a battery even if it does not cause injury, and could not reasonably be expected to cause injury. A defendant who emphatically pokes the plaintiff in the chest with his index finger to emphasize a point may be culpable for battery (although the damages award that results may well be nominal). A defendant who spits on a plaintiff, even though there is little chance that the spitting will cause any injury other than to the plaintiff’s dignity, has committed a battery.

Privilege

In order to be liable for an assault or battery, the defendant must lack privilege to assault or batter the plaintiff. The following are examples of “privilege”:

Consent

Where a defendant has the plaintiff’s consent to commit an act of assault or battery, the plaintiff may not later bring a lawsuit. The most typical context for consent occurs in sports. The intentional foul in basketball, or the tackle in football, are an anticipated part of the game. While it may be possible for certain conduct to be so far outside the realm of what is reasonable to nonetheless give rise to a tort – for example, chopping an opposing player off at the knees in a football game, an action which is known to have a very high probability of causing serious and even crippling injury – rule violations which are part of standard play are unlikely to support a legal action. Consent also exists in the context of authorized medical or surgical procedures.

Police Conduct

A police officer is privileged to apply the threat of force, or if necessary to apply actual force, in order to effect a lawful arrest. A defendant who suffers injury as the result of reasonable force exerted by the police to effect a lawful arrest will not be able to sustain a lawsuit against the arresting officers for assault or battery.

Self-Defense

A person who is assaulted may use such reasonable force as may be necessary, or which at the time reasonably appears to be necessary, to protect himself or herself from bodily harm. An act of self-defense must ordinarily be proportionate to the threat. That is, if you believe a person is going to spit on you, depending upon the context it may be reasonable to push the person away, but it would not be reasonable to hit the person with a baseball bat.

A plaintiff may be expected to withdraw from the threat, if possible, before engaging in forcible resistance. However, if the plaintiff is in his own home and the defendant is not a member of the plaintiff’s household, a plaintiff will typically not be required to further withdraw from the threat once the plaintiff has retreated to his own home.

Defense of Others

Defense of others is similar to self-defense, and usually occurs in the context of one family member protecting another. Some jurisdictions permit a defendant to assert defense of others, even where the defendant is mistaken as to the existence of a threat, as long as the mistake is reasonable. Other jurisdictions do not permit this defense unless there was an actual threat or battery against the other person.

Voluntary (Mutual) Combat

Where the plaintiff voluntarily engages in a fight with defendant for the sake of fighting and not as a means of self-defense, the plaintiff may not recover for an assault or battery unless the defendant beat the plaintiff excessively or used unreasonable force. If two people voluntarily enter a brawl, it is unlikely that either will be able to sue the other. However, if one falls, and the other takes advantage of the situation by kicking him and causing injury, that act may well be considered to be an excessive use of force which would support a cause of action.

Defense of Property

Many jurisdictions allow the use of some amount of threat or force by a person who is seeking to protect his own property from theft or damage. In most jurisdictions, there is no privilege to use force that may cause death or serious injury against trespassers unless the trespass itself threatens death or serious injury. Please note that there are some jurisdictions with extraordinarily broad laws, permitting the use of significant and even deadly force to prevent the theft of property. (Leaving aside the moral issues of using physical force to defend property, be sure that you know your local laws before applying force in such a situation.)

Discipline

Some people are legally authorized to apply physical restraint or battery in order to discipline others. For example, in most jurisdictions, parents are legally authorized to apply reasonable physical discipline upon their children. In some jurisdictions, school teachers are permitted to apply a certain level of physical restraint or discipline against students. The staff of a mental health facility may have legal authority to apply reasonable restraint to prevent a patient from causing harm to himself, to others, or to property.

Merchant’s Privilege

Most jurisdictions grant merchants the right to apply reasonable force to detain shoplifters, or other persons who the merchant reasonably believes are attempting to steal the merchant’s property.

argument

Provocation

Words alone, no matter how insulting or provocative, do not justify an assault or battery against the person who utters the words.

Aaron Larson

Law Offices of Aaron Larson

 October, 2003

24
Sep
09

TUANKU JA'AFAR TUANKU ABDUL RAHMAN

 

ROYAL HOUSES

As a Malaysian loyal to the Malay Rulers and concerned for the dignity and prestige of the Royal Houses, I view with some disappointment the current spat between the younger members of the Negeri Sembilan and Johor royalty over the alleged assault and battery.

As an anak Negeri Sembilan who would like to nurture the highest regard for the Yang di-Pertuan Besar and his extended household, I’m deeply saddened by the unnecessary controversy that has ensued over the royal brawl.  

What appears to be a case of assault and abduction by the Johor prince’s group on the Negeri Sembilan prince and his companion has now been distracted by irrelevant issues like the demand for monetary compensation made by the Negeri Sembilan side.

It is most natural for the parents of the young princes on both sides to be devastated by the injuries and injustices suffered by their sons, especially if it is a physical one. It is only right that they seek legal redress if there has been a breach of the country’s laws, and damages or compensation if it is so decided by the courts. In this there should be no controversy. 

However, there is no excuse whatsoever for people to inflict bodily harm on one other when they are embroiled in an argument. When a weapon or firearm is alleged to have been used to threaten and intimidate it becomes a clear breach of the criminal code which the police and the Attorney General’s office must investigate thoroughly without fear or favour. The country’s justice system must be expediently and efficiently executed for the people to have confidence in it.

It is imperative too that the Malay princes and princesses fully understand the roles and responsibilities that come with their privileged positions in society. People look up to them and would like to give them the respect they deserve. But as ordinary Malaysians, they owe it to themselves and their families to conduct themselves with honour and dignity. 

As a Malay who would like to accord the highest respect to Malay royalty, customs and traditions, I’m disconcerted by the untoward behaviour of the young including those with blue blood. When we should be exemplary in showing the finest Islamic adab and adat we are inviting criticism by breaking its rules and tenets. 

22
Sep
09

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LETTERS AND LETTERS 

31 st March, 1969 

 

My dear Doctor

I have received the recommendation from our election committee to the effect that I should appoint you as a Cabinet Minister rather than allow you to stay in Negeri Sembilan as Menteri Besar. There seems to be a lot of opposition to you there, in particular from UMNO members, who said you have not done much for the party. They insisted that there should be a change in the leadership in the Negeri Sembilan UMNO as Negeri is the only state in Malaysia where UMNO possesses no building of its own as its Headquarters.

If you agree to stand for Parliament, I shall be only too happy to appoint you as a Minister.

Yours Sincerely

(TUNKU ABDUL RAHMAN PUTRA)

Y.B. Tan Sri Dr Mohd. Said, P.M.N.

Menteri Besar, Negeri Sembilan

Seremban

 

 

1 April, 1969

Y.T.M. Tengku Abdul Rahman Putra Al-haj

Prime Minister

MALAYSIA

 

Dear Tengku

After you were kind enough to meet the delegation of Negeri Sembilan UMNO, MCA and MIC members numbering more than thirty at 6 p.m. yesterday, I have only to confirm in writing my decision not to stand for Parliament and, if successful, be made a Minister.

I am unable to express in words how sorry I am to have to decline your generous offer, but there was no other course open to me in view of the strong pressure from my constituents and the present MCA and MIC leaderships to make me contest the Linggi state seat again….

With regard to the statement that Negeri Sembilan UMNO is the only state in Malaya where UMNO possesses no building of its own as its headquarters, there is of course an UMNO Building in Seremban opened by you some years ago. But this building belongs to the Seremban Division of UMNO…

With regard to your hint that I was constantly quarelling with the Ruler, I submit most respectfully this is rather an exaggerated view. Of course I have had to turn down some of his more unreasonable demands, but everything was done with the full concurrence of the whole Executive Council, as was explained to you yesterday …

Besides I had been specifically charged by Tun Razak to try and uphold the prestige and honour of the Negeri Sembilan Royal Household…

In conclusion, I would like to say that I dwell under a profound sense of gratitude to you and Tun Razak for having given me the opportunity to serve the people and the state of Negeri Sembilan in my capacity as Mentri Besar for the last ten years…

Yours sorrowfully,

(TAN SRI DR MOHAMED SAID BIN MOHAMED)

Mentri Besar

Negeri Sembilan

 

 

7 May, 1969

Duli Yang Maha Mulia Yang di-Pertuan Besar

Negeri Sembilan

 

May it please Your Royal Highness,

Before vacating my post as Menteri Besar of Negeri Sembilan, I am taking the liberty of addressing this farewell letter personally to Your Royal Highness, and of asking your forgiveness in case I have displeased or offended Your Royal Highness during the last two years.

I admit quite frankly that on some occasions when I was admiited to an audience with Your Royal Highness, I spoke and argued with Your Royal Highness in a manner altogether too frank and direct.

This was perhaps why on the 31st March 1969, the Prime Minister openly accused me of quarelling with the Ruler (“bergadoh dengan Raja”) in front of some forty UMNO, MCA and MIC leaders who were appealing to the Tengku to retain me in Negeri Sembilan to contest the Linggi state seat for the fourth time.

I denied the Tengku’s charge and said that I had never openly quarelled with Your Royal Highness and was in fact acting in the best interests and upholding the dignity and prestige of the Negeri Sembilan Royal House, …

For the rest, I vacate my post with a clear conscience. Although the circumstances surrounding my retirement from the political arena were very suggestive of a plot or conspiracy against me, everything happened so suddenly and at so late a stage that I could not fight back with any hope of success…

I am Your Royal Highness’ humble servant,

(TAN SRI DR MOHAMED SAID BIN MOHAMED)

MENTRI BESAR

NEGERI SEMBILAN




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