Police report by senator's husband

Mohd Suffian bin Abdul Aziz, husband of Senator Nor Hayati, lodged the following police report on Oct 8, 2006, at the Shah Alam police station:-

Umno Supreme Council to discuss bicameral proximity

The Star today reports that Umno Supreme Council will discuss the photograph of the "Bicameral Proximity: MP and Senator" posted in this blog in its meeting today.

The subject matter is hypocrisy

Some people opined that I should not have had put up the photograph of the “bicameral proximity” on the grounds, among others, that it is a private matter even if it is true; that there are more important matters to discuss and etc.

Well, let me say it loud and clear.

It is an exposure of hypocrisy. Hypocrisy of the leaders of the ruling party who have staunchly, and perhaps hysterically, supported the laws of moral policing to the extent that couple holding hands in public are now liable for offence of indecency.

The political leaders in the government of the day, including all the agencies and institutions, have enacted moral policing laws, regulations and rules to uplift morality to the level they themselves have not been able to maintain. Thus, the inconsistency of their own behavior with the standard and principle they preach. That is what I have exposed, not merely a photograph taken in an enclosed private place. Is that not an important issue for public discourse?

Equally hypocrite are those who have visited this blog for the first time merely to have a peep at the photograph to satisfy their own curiosity but immediately deplore it in pretence.

Clues to bicameral proximity

Read the Star and the New Straits Times today. Clues are there.

Senator's dad: it's in Syariah Court now

Tan Sri Dato Oon bin Ismail, UMNO Permanent Chairman cum Speaker of the Selangor State Legislative Assembly, who is also father of Senator Datin Paduka Nor Hayati binti Onn Ismail, said "the matter is now in Syariah Court".

That was Oon's justification when attempting to stop Ng Suee Lim, DAP Selangor State Assemblyman for Sekinchan, from deliberating on the photograph (or rather its negative) posted here yesterday entitled "Bicameral Proximity: MP and Senator" in the State Assembly budget meeting this morning.

When Oon said so, he must have had referred to Nor Hayati's family affairs rather than Rahman Ismail's. That would also seems to be contradicting Nor Hayati's denial statement in the Star today.

Bicameral denial

MP for Gombak, Datuk Dr Rahman Ismail and Senator Datin Paduka Nor Hayati Onn Ismail have both denied that they are connected to the photograph that I posted here yesterday (The Star Nov 28, 2006).

Let's wait and see who else will come forward and clarify.

Bicameral proximity: MP and Senator

I was one of the recipients of the above photograph. The man, apparently wearing a bathrobe, is a Member of Parliament at the lower house (Dewan Rakyat) and the woman in his chest is a Senator. Both are married but not to each other.

The scene seems to be a typical hotel bathroom where a towel rack and a clothes-line box can be seen on the upper left of the photograph.

What could they possibly be doing in the room or bathroom of a hotel in such a romantic atmosphere?

Whatever could it be but in a country where the political leadership emphasizes so much on moral and values based on religion, the two members of Parliament will certainly have to openly justify their close proximity.

They can either admit it or deny it by claiming that the photograph was super-imposed. Whatever. The point is that the public has a right to know since they are political leaders subject to public scrutiny.

Let's give them a chance.

Note: "Bicameral" means a system of government having 2 chambers of Parliament.

Bingo! Sivalingam's restaurant closed

Dato Sivalingam Karrupiah announced yesterday that the restaurant operated by his wife and son in an illegal structure erected on his land will be closed pending the approval of the building plan.

Dato Sivalingam might accuse me, as he did yesterday, of having political motive in exposing that he had allowed an illegal structure erected on his land to run a restaurant but the indisputable fact remains that that is an illegal structure and he has no choice but to close the business until he obtains the building plan approval from the Shah Alam City Council (MBSA).

Did I have a political motive? Yes , of course. For every case of corruption, malpractice and abuse of power perpetrated by any leaders of the ruling party, I, being an elected representative entrusted by the people, am duty bound to bring it to the knowledge of the people. I am duty bound to tell the truth that the leaders of the ruling party are corrupt, decadent and untrusworthy when I have the proof and to tell the people that they have elected the wrong representatives to run the country.

This is the rule of the game in the political system. It is only right that I have political motive. It will be disastrous if I have commercial motive, financial motive or any other motive for personal gain and not political motive.

Leaders of the Barisan Nasional, including Dato Sivalingam, have to wake up and realize that they can no longer fool the people by using phrases like 'political motive' to cover up their wrongdoing.

Sivalingam is caught red-handed. He has admitted to it. Bingo!

MPK councillors swearing in tomorrow

Last minute change.

For reasons best known to itself, the Klang Municipal Council has changed the date for the swearing-in ceremony of the councillors back to tomorrow again from Nov 30 as announced yesterday.

Bye! DZ Satay House

Yes, finally the "DZ Satay House" owned by Zakaria bin Deros and his son, Zainuri, is demolished!

The Klang Municipal Council (MPK) began its operation at about 10 a.m. this morning and spent about 2 hours to finish off the infamous and illegal structure erected on the road reserve.

Present at the scene were the journalists and members of public, including about 30 Zakaria's supporters. To avoid any untoward incident, I have decided to stay away.

Be it as it may, the dust is not settled yet. I still look forward to seeing the demolition of the "Istana Zakaria". If the Selangor state government refused to demolish the "Istana Zakaria", it would lose its moral authority to demolish any other illegal structure in Selangor in future.

Selangor exco member flouts law

An Indian restaurant, Sri Muthiara, situated beside Selangor Road Transport Department (JPJ)in Padang Jawa, Klang has been operating in an illegal structure since 2004 and no action has been taken by the Shah Alam City Council. The reason must be that it belongs to Dato Sivalingam a/l Arumugam Karuppiah, the Selangor State Executive Council member.

I brought the journalist to the site this morning and was told that Dato Sivalingam just left the restaurant minutes before my arrival.

The illegal structure sits on a triangle land between the JPJ and the Klang-KL Federal Highway. The original land registered under the proprietorship of Syarikat Kerjasama Nesa Pelbagai Sdn Bhd was partly acquired by the government in 1991.

On August 7 2006, the land was transferred to Sivalingam. However, Sivalingam's relative has been operating the restaurant illegally on the land since 2004.

A land search result shows that the category of land use was not stated in the land title. Under normal circumstances, if category of land use is not stated in the title, the local government will not consider any building plan application even if it is submitted.

Sivalingam has admitted my allegation to the Malaysiakini today. (The Star)

Let's see what Khir Toyo has to say about it now.

Satay House to be demolished tomorrow

DZ Satay House owned by Zakaria Deros and his son, Zainuri, will be demolished by the Klang Municipal Council tomorrow morning.

The illegal structure is situated on the Federal road reserve.

However, until and unless the "Istana Zakaria" is also demolished, nobody will be convinced that there is no double standard in the enforcement of laws in this country, especially in Selangor.

Councillors swearing in postponed again

The swearing-in ceremony of the Klang Municipal Councillors has been postponed again, for the 3rd time, to Nov 30, 2006.

The councillors were initially supposed to take office on Oct 19, 2006. However, it had to be postponed to Nov 8 as a result of the exposure of the "Istana Zakaria". After the intervention of the Sultan who wanted a full clean list of councillors, the ceremony was again put off to Nov 24.

Obviously, the Selangor state government has failed to produce a full clean list of councillors to be sworn in by this Friday and thus the postponement again.

This is another achievement of the first developed state in Malaysia as proclaimed by Dato Seri Dr Mohd Khir bin Toyo, Menteri Besar of Selangor.

Centrepoint: Another Zakaria & Sons project

I called a press conference yesterday and exposed another project belongs to Dato Zakaria bin Deros and his 2 sons, Zainuri dan Zaidi in Pandamaran Jaya, Klang. (Malaysiakini November 21, 2006).

Muhammad Taib sworn in as senator

Former Menteri Besar of Selangor, Tan Sri Muhammad bin Mohd Taib, sworn in as senator in Parliament today.

Muhammad Taib resigned as Menteri Besar of Selangor on April 14, 1997, on the morning when I was supposed to move a no confidence motion against him in the Selangor State Assembly.

He was earlier arrested in Brisbane for failing to declare the currency worth approximately RM2.4 million at the Brisbane Airport upon his arrival in December 1996. He resisted for almost 5 months but eventually had to quit to avoid the no confidence motion which would cause embarrassment to UMNO and the government.

His return to the government is actually a belated one. Dato Seri Abdullah Ahmad Badawi had wanted him to come back to the cabinet through the appointment as senator in the last cabinet reshuffle to strengthen his power base especially in Selangor. However, Abdullah's plan faced strong objection from Mahathir and Abdullah gave in then.

The real fight is now on.

Income Tax replies

At last, my letters to the Inland Revenue Board (IRB) dated 27.2.2006 and 11.1.2006 on Zakaria Deros had received a reply from Pn Hasmah binti Abdullah, CEO of the IRB today, a copy of which had been faxed to me last week.

Well, at least there is an official, albeit bureaucratic, answer to a complaint. I have yet to hear from our Director General of the Anti Corruption Agency. Probably, his interview in the New Straits Time on Sunday was an indirect reply.

Zakaria must pay back his gratuity and pension

The Sun reported today that Dato Zakaria bin Md Deros, Selangor State Assemblyman for Port Klang, was a undischarged bankrupt when he held the office of senator from Sept 10 to Nov 24, 1992.

Zakaria was appointed a senator on July 30, 1991 and served two terms until July 31, 1997. He was adjudicated a bankrupt on Sept 10, 1992 but discharged on Nov 24, 1992.

Article 48(1)(b) of the Federal Constitution provides that “a person is disqualified from being a member of either House of Parliament if he is an undischarged bankrupt”.

Article 50(1) of the Federal Constitution further provides that “if a member of either House of Parliament becomes disqualified for membership of that House his seat shall become vacant”.

The two articles of the constitution read together would mean that Zakaria’s seat as senator had become vacant on Sept 10,1992 with immediate effect. There is no provision in the constitution that allows him to resume the office when he subsequently obtained the discharge order on Nov 24, 1992, unless there was a stay of execution.

Therefore, Zakaria’s term of office from Sept 10, 1992 until the expiry of his first term in the senate was unconstitutional and unlawful.

Consequently, he had unlawfully received the remuneration and allowances as senator during his first term after Nov 24, 1992. He has also been unlawfully enjoying the gratuity and pension all these years from the said unlawful tenure until today.

The Parliament should take cognizance of Zakaria’s said unlawful tenure and take action to revoke his pension and further demand that all benefits that he had received during the said unconstitutional and unlawful tenure be returned.

Zakaria stumbles but not down

It is not time for celebration yet.

Zakaria may have to let go his municipal councillorship, but that does not end his political career in Klang and Selangor under the present decadent political culture in the UMNO and the Barisan Nasional.

I said in my press statement today:-

"Zakaria’ issues are far from over

Although Dato Zakaria bin Md Deros, Selangor State Assemblyman for Port Klang, has announced yesterday that he declined the re-appointment as the councillor of the Klang Municipal Council (MPK), all issues related to him are far from over.

In fact, the UMNO Supreme Council which advised him to give up the appointment should have ordered him to resign as the state assemblyman as well for a person who is unfit to be appointed a councillor cannot be fit to be an elected representative. It is irreconcilable when one is found to be unfit for a lower public office can at the same time be fit for a higher public office.

Zakaria’s departure from the MPK does not mark the end of Zakaria’s era in Klang and Selangor. With his positions as the UMNO Klang Division Chief, the State Assemblyman and the Chairman of the Land Committee in the Selangor Economic Development Corporation (PKNS), he will still wield substantial influence in Klang and Selangor. In Klang itself, he still has his alter ego, his son and daughter-in-law, to represent him in the MPK.

His arrogance and habitual abuse of power and position are evident from the construction of his bungalow without permission, construction of a restaurant known as “DZ Satay House” on road reserve without permission and the approval of land application where he wore two hats simultaneously as the chairperson of the applicant and the approving authority.

His departure from the MPK shall not absolve him from all other necessary actions whatsoever to be taken against him should he be found to have transgressed the boundary of laws, including the following:-

(i) demolition of the illegal structure of “Satay House”;
(ii) demolition of the unlawful “Istana Zakaria”;
(iii) full investigation into all land dealings of the Land Committee of the PKNS chaired by him;
(iv) full investigation against all complaints against him by the public; and
(v) full investigation by the Anti Corruption Agency and the Income Tax Department to ascertain his incomes and sources of income.

Another important aspect of the whole Zakaria episode that requires public scrutiny is the decadent system of appointment of the local governments by the state authority. The episode is not an isolated case but a phenomenon in the country that needs immediate attention and remedial actions. The only available option is to re-introduce local government election which has been suspended for 40 years for which the government of the day is indefensibly evading. "

Zakaria was a bankrupt?

I received information that Dato Zakaria bin Md Deros was once a bankrupt when he was appointed a senator. He took a few months to discharge himself to save him the senatorship.

However, I have yet to receive the relevant documents to verify it and without which I am unable to assess that in the event it was true, would it affect his appointment then and the subsequent entitlement of pension which he is now enjoying.

Nothing to quit for Zakaria, Mazlynoor and Faizal

I have sent a letter to Selangor Menteri Besar, Dato Seri Dr Mohd Khir bin Toyo, this morning highlighting a legal point on the position of Dato Zakaria bin Md Deros, Mazlynoor bin Abdul Latiff and Faizal Abdullah as councillors in the Klang Municipal Council as I have pointed out in my press statement on 31.10.2006.

I have said that the tenure of the trio had expired on 3.9.2006 and their new appointments have not take effect as they have not sworn in to take office.

Section 11 of the Local Government Act 1976 provides as follows:-

“A councillor shall not act in the office of Councillor unless he has made and subscribed before a local authority a declaration of acceptance of office in Form A of the First Schedule hereto and such declaration shall be free from stamp duty.”

Form A as stipulated in the said Act is as follows:-

“I….. , having been appointed a Councillor of the ….. of ….. declare that I take the said office upon myself and that I will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability.”

As such, the issue of resignation by Zakaria, Mazlynoor and Faizal does not arise at all. Khir Toyo should either revoke their appointments or advise them to decline the appointment honorably.

As Khir Toyo has misled the Sultan of Selangor and the people on the position of the councillors and as he is proven to be so ignorant of the power provided by the Local Government Act 1976 on the appointment of professionals as councillors, I have urged him to resign.

Oh! Zakaria Deros again

Dato Zakaria bin Md Deros is again in the limelight.

This time he is found to be the chairman of the Land Committee of PKNS (Selangor Economic Development Corporation) which has approved the land application from the Selangor Badminton Association for which he is also the president. (NST Nov 2)

This is what we call a powerful man.

Faizal resigns as councillor

One has resigned.

Faizal Abdullah, Klang Municipal Councillor, one of the three councillors in Klang who constructs bungalow without building plan announced his resignation last night. (NST Nov 2 and The Star Nov 2)

What about his fellow councillors, Dato Zakaria bin Md Deros and Mazlynoor Abdul Latiff, who commit the same offence?

People are not fooled, Zac

Port Klang State Assemblyman, Dato Zakaria Deros, shed crocodile tears at a press conference yesterday.

After the reporters left his house, his supporters cheerfully congratulated him for his fantastic performance and called him "P. Ramlee".

All the press have correctly pointed out that he evaded important points that the people are entitled to know.

He did not know that he cannot fool the people for all his untenable execuses for blatantly abusing his power and position.

For today, I just want to do one thing. I have sent a reminder to the Chief Executive of the Income Tax Board and the Director of Anti Corruption Agency requesting for response to my letter dated 27.2.2006.