BAR COUNCIL CRIMINAL LAW EXPERT EXPLAINS

Find out more about Section 377 of the Penal Code

INTERESTING CASE FOR STUDENTS AND NON-STUDENTS OF LAW

All sorts of twist and turns, surprises as well as contradictions appear in the Altantuya’s murder trial. What a test of short term and long term memory capabilities of counsels, prosecutors, defendants, plaintiffs and most important of all, the honourable judges. Take the case below.
A spent bullet shell was found in the vehicle belonging to Sirul. Ballistic tests showed that the bullet was from a HK MP5 sub machine gun belonging to Sirul although UTK armoury officer Fatimah Abdul Wahap testified that Sirul had returned all the bullets he had taken from the armoury. Whose then? Ghost?

Furthermore the cause of death was a blast related injury, why implicate the use of a firearm?

Lawyer: Bullet shell may have been planted

By Maria J.Dass

newsdesk@thesundaily.com
sun2surf
SHAH ALAM (Aug 7, 2008) : The sinister circumstances of how a spent bullet shell ended up in the Suzuki 4WD belonging to one of the accused in the Altantuya murder trial was raised by his lawyer today.

Lawyer Kamarul Hisham Kamaruddin who was representing Cpl Sirul Azhar Umar, implied that the spent shell may have been planted in Sirul’s vehicle, raising also the possibility of other items to be planted in the vehicle.

On Wednesday Kamarul said nature of evidence in the vehicle must have been compromised by fact vehicle had been accessed by all and sundry.

C/Insp Azilah Hadri and Sirul from the police special action unit (UTK) are charged with murdering Mongolian woman Altantuya Shaariibuu at a jungle clearing in Mukim Bukit Raja between 10pm on Oct 19 and 1am on Oct 20,2006 while political analyst Abdul Razak Baginda is charged with abetting them.

In continuing his submission, Kamarul said there was a connection between this vehicle and the prosecution’s attempt to link a bullet for certain evidential purpose.

However he said this purpose does not place emphasis or evidential value on the use of a gun or a firearm.

“In fact they did not put emphasis on the manner of death in this way; nothing on death by shooting and injury by bullet, or role that firearms would play,” Kamarul said adding that the cause of death in this case was put down to probable blast related injuries.

Submitting on the bullet shell found in Sirul’s 4WD between the drivers seat and door, Kamarul said ballistic tests showed that the bullet was from a HK MP5 sub machine gun belonging to Sirul although UTK armoury officer Fatimah Abdul Wahap testified that Sirul had returned all the bullets he had taken from the armoury.

“So the material question now is where did the used bullet shell come from?” he asked.

Kamarul then brought up the testimony of Sgt Rosli Ibrahim who said that he had handed the keys to Sirul’s vehicle to DSP Khairi on Nov 3, 2006.

Khairi then handed the keys back to Rosli on Nov 6 and asked him to hand it over to investigating officer ASP Tonny Lunggan.

“The taking of the keys by Khairi is a gap in the prosecutions case and seems to have been connected to some kind of understanding with Tonny,” Kamarul implied.

“Now the utter coincidence is that the bullet shell was found in the vehicle and DSP Khairi who took the keys to the vehicle was Senior Officer in charge of Logistics and Armoury in the UTK,” he said.

There is grave suspicion that DSP Khairi may have had something to do with the appearance of the spent bullet in Sirul’s 4WD. And if he had, what other items that might have made their appearance in the said vehicle in the intermittent period, asked Kamarul, adding that this dark circumstance calls for an explanation.

Kamarul then went on to qustion DNA analysis conducted by chemistry department forensic division director J.Primulapathi, pertaining to the usage of tissue (T5) from the crime scene which he used to come to the conclusion that the sample belonged to the biological daughter of S.Altansetseg and Setev Shaariibuu.

The samples were also compared to swabs taken from jewellery found in Sirul’s apartment, a black jacket belonging to Sirul, tufts of hair and a pair of slippers found in Sirul’s vehicle.

Kamarul however argued that the use of Mitochondrial DNA (mtDNA) to do a comparison with the samples was not conclusive as it was based on the maternal lineage.

Primulapathi told the court he had conducted the mtDNA as the nuclear DNA tests produced no results.

The mtDNA test showed that the donor of the tissue found at the crime scene shared the same maternal lineage as S.Altantsetseg.

Primulapathi said if the donor of the blood stain on the slippers, hairs and swabs were different persons, he or she could be the brother, sister, grandmother with the same maternal lineage.

“Primulapathi cannot conclude that the donors of the DNA on the items in question was the same person, or that they only shared the same maternal lineage,” said Kamarul.

He said since Primulapathi concluded the donors of the mtDNA from these items of evidence share the same maternal lineage, the question is, from what size of pool of people these donors could have come from, assuming it is one individual.

“Because the bigger the pool of population who could have shared the same mtDNA with T5 the further away the probability that he or she is somewhat directly related to that donor,” he added.

Kamarul said science cannot determine the size of this possible population that may share the same mtDNA as the donor.

Hearing continues.

BELIA YANG TELAH DIKURSUSKAN AKAN BERHKHIDMAT KEPADA MASYARAKAT MELALUI BRIGED AMAL

Aktiviti Exco Modal Insan pada 07/08/08: Perasmian penutup Program Belia Selangor Siri 03/2008 di Kuala Kubu Baru

Bertempat di Dewan Besar Kem Bina Semangat Yayasan Selangor Di Ampang Pecah Kuala Kubu Baru pada 7hb Ogos 2008, Majlis Penutup Program Belia Selangor Siri 03/2008 telah diadakan.

Fasilitator sedang menerima sijil penghargaan

Para Pelatih bersalaman dengan fasilitator dan kakitangan Kem di akhir program

TUDUHAN LIWAT ANWAR MUNGKIN DIUBAH LAGI?

ANWAR CHARGED UNDER SECTION 377B OF PENAL CODE RELEASED ON BAIL

Anwar has this to say:

“Until last night, the prime minister was still talking about rape. And now, it’s consensual,” referring to the sodomy charge against him, made under Section 377B of the Penal Code, which refers to a charge of sodomy by consent. In Malaysia, sodomy, regardless of whether it is carried out between consenting adults or otherwise, is a crime.

“If it is consensual, both should be charged,” Anwar contended.

Meanwhile, Home Minister Datuk Syed Hamid Albar, at a press conference nearby the court complex, commented that Mohd Saiful Bukhari Azlan, former aide, should not be charged because he was the complainant.

SINGLE WOMEN ARE TRENDY: PAPERS PRESENTED AT MSSA

This sensitive subject became the focus of a three-day conference of the Malaysian Social Science Association held in Kuching recently. The next step is how to implement the findings of the study and researches.

‘Single women’ too many due to higher education

Bernama/Borneopostonline

KUCHING: The increasing number of women opting to remain single may have resulted from certain factors including better education and economic independence.

Dr Oei Hong-Lim of Universiti Malaya’s Faculty of Economics and Administration, said various aspects that might have impacted the lives of single women here were investigated, including the level of education that allowed them to secure good jobs and consequently become independent.

“Being single is increasingly socially accepted, including in traditional societies with little or no history of non-marriage.

“It may not be an exaggeration to say that lately there is a trend of singlehood,” she said in her thesis presentation, ‘Staying Single in Kuching’ at the Sixth International Malaysian Studies Conference (MSC) here.

She said other social and economic circumstances that contributed to the “single women” phenomenon included career, living arrangements and family ties.

Meanwhile, Universiti Malaysia Sarawak (Unimas) Faculty of Social Science tutor, Dayang Asmah Awang Hamdan said the idea of marriage and family life acquired by young Malay women were not just drawn from their own family but also through their experiences of education and work.

In her paper entitled ‘Young Malay Women’s Views on Negotiating Marriage and Family in Sarawak’, she said their exposure to the media as well as the influence of religion and government also influenced their views on marriage and motherhood.

She argued that women’s higher education and participation in formal wage labour had an impact on mate selection and their views on sharing of domestic work.

The three-day conference, the flagship of the Malaysian Social Science Association, brings together scholars from Malaysia and abroad for interaction and exchange of views based on their research findings and reflections on the country.

It also analyses issues and problems related to contemporary Malaysia and compares the Malaysian experience with that of various countries in the world, specially Malaysia’s neighbours.

SINGLE WOMEN ARE TRENDY: PAPERS PRESENTED AT MSSA

This sensitive subject became the focus of a three-day conference of the Malaysian Social Science Association held in Kuching recently. The next step is how to implement the findings of the study and researches.

‘Single women’ too many due to higher education

Bernama/Borneopostonline

KUCHING: The increasing number of women opting to remain single may have resulted from certain factors including better education and economic independence.

Dr Oei Hong-Lim of Universiti Malaya’s Faculty of Economics and Administration, said various aspects that might have impacted the lives of single women here were investigated, including the level of education that allowed them to secure good jobs and consequently become independent.

“Being single is increasingly socially accepted, including in traditional societies with little or no history of non-marriage.

“It may not be an exaggeration to say that lately there is a trend of singlehood,” she said in her thesis presentation, ‘Staying Single in Kuching’ at the Sixth International Malaysian Studies Conference (MSC) here.

She said other social and economic circumstances that contributed to the “single women” phenomenon included career, living arrangements and family ties.

Meanwhile, Universiti Malaysia Sarawak (Unimas) Faculty of Social Science tutor, Dayang Asmah Awang Hamdan said the idea of marriage and family life acquired by young Malay women were not just drawn from their own family but also through their experiences of education and work.

In her paper entitled ‘Young Malay Women’s Views on Negotiating Marriage and Family in Sarawak’, she said their exposure to the media as well as the influence of religion and government also influenced their views on marriage and motherhood.

She argued that women’s higher education and participation in formal wage labour had an impact on mate selection and their views on sharing of domestic work.

The three-day conference, the flagship of the Malaysian Social Science Association, brings together scholars from Malaysia and abroad for interaction and exchange of views based on their research findings and reflections on the country.

It also analyses issues and problems related to contemporary Malaysia and compares the Malaysian experience with that of various countries in the world, specially Malaysia’s neighbours.

LIE DETECTION METHODOLOGY

LIE DETECTION METHODOLOGY

MEDICO-TOURISM PAVES THE WAY FOR SPIRALLING HEALTH COST

Tertiary education must remain affordable

Door of opportunities must be open to all, says Deputy Prime Minister

BORNEOPOSTONLINE

PUTRAJAYA: Tertiary education must remain affordable and not only for certain people but for all, Deputy Prime Minister Datuk Seri Najib Tun Razak said yesterday.

“This must be the clarion call resonating to all Malaysians; let us open the door of opportunities for all.

“Let us ensure tertiary education remains affordable and make the challenges not only the concerns of the government but also of the private sector and individuals who must contribute their fair share,” he said at the signing of an agreement between West Synergy Sdn Bhd and UCSI Education Sdn Bhd for the establishment of an education township in Negeri Sembilan yesterday.

Najib said in an era of cut throat competition between nations, economies, regional blocs and companies over shrinking markets and depleting resources, Malaysians needed a mindset change, “one that sees post-secondary education, particularly tertiary, not as a luxury but a necessity”.

“We cannot afford to have a workforce with inadequate knowledge and skills. Otherwise, we will fail to exploit a global market that is increasingly dependent on the knowledge economy.

“Therefore, it is imperative for our survival as a nation that we produce those with the right skills and the right knowledge.”

Najib said by encouraging the private sector to play a more pro-active role in tertiary education, more young people in the 17-23 age group have had the opportunity to attain higher education.

“Hopefully, we will be able to achieve our target of 40 per cent in this age group to have access to higher education by 2010,” he added.

The agreement on establishing the education township was signed by UCSI group president and vice-chancellor Peter Ng and West Synergy chairman Wong Aun Phui.

The township on a 64ha site in Bandar Springhill, Negeri Sembilan will be developed in three phases and expected to be completed in 2016.

Ng, in his speech, said the first phase would see the building of a fully-equipped international school with residential facilities and a state-of-the-art, 500-bed medical centre.

This will be followed by the development of the main campus of UCSI which would house the Faculty of Medical Sciences, Faculty of Management and Information Technology, Faculty of Applied Sciences, Centre for Pre-University Studies and a centre dedicated to continuous research into Blue Ocean Strategy.

The third phase will see the setting up of an incubation centre for UCSI’s subsidiaries and spin-off companies resulting from its research and discovery efforts, an applied nursery for research and commercial facilities for the green industry to promote eco-tourism in Malaysia.

MEDICO-TOURISM PAVES THE WAY FOR SPIRALLING HEALTH COST

Tertiary education must remain affordable

Door of opportunities must be open to all, says Deputy Prime Minister

BORNEOPOSTONLINE

PUTRAJAYA: Tertiary education must remain affordable and not only for certain people but for all, Deputy Prime Minister Datuk Seri Najib Tun Razak said yesterday.

“This must be the clarion call resonating to all Malaysians; let us open the door of opportunities for all.

“Let us ensure tertiary education remains affordable and make the challenges not only the concerns of the government but also of the private sector and individuals who must contribute their fair share,” he said at the signing of an agreement between West Synergy Sdn Bhd and UCSI Education Sdn Bhd for the establishment of an education township in Negeri Sembilan yesterday.

Najib said in an era of cut throat competition between nations, economies, regional blocs and companies over shrinking markets and depleting resources, Malaysians needed a mindset change, “one that sees post-secondary education, particularly tertiary, not as a luxury but a necessity”.

“We cannot afford to have a workforce with inadequate knowledge and skills. Otherwise, we will fail to exploit a global market that is increasingly dependent on the knowledge economy.

“Therefore, it is imperative for our survival as a nation that we produce those with the right skills and the right knowledge.”

Najib said by encouraging the private sector to play a more pro-active role in tertiary education, more young people in the 17-23 age group have had the opportunity to attain higher education.

“Hopefully, we will be able to achieve our target of 40 per cent in this age group to have access to higher education by 2010,” he added.

The agreement on establishing the education township was signed by UCSI group president and vice-chancellor Peter Ng and West Synergy chairman Wong Aun Phui.

The township on a 64ha site in Bandar Springhill, Negeri Sembilan will be developed in three phases and expected to be completed in 2016.

Ng, in his speech, said the first phase would see the building of a fully-equipped international school with residential facilities and a state-of-the-art, 500-bed medical centre.

This will be followed by the development of the main campus of UCSI which would house the Faculty of Medical Sciences, Faculty of Management and Information Technology, Faculty of Applied Sciences, Centre for Pre-University Studies and a centre dedicated to continuous research into Blue Ocean Strategy.

The third phase will see the setting up of an incubation centre for UCSI’s subsidiaries and spin-off companies resulting from its research and discovery efforts, an applied nursery for research and commercial facilities for the green industry to promote eco-tourism in Malaysia.

TRUE STORY PROVEN BY X-RAY AND OPERATIVE FINDING

Your guess is as good as mine. What on earth is a granite pestle doing up a person’s rectum. In Saiful Bahari’s case it took the Police one full month to investigate the allegation before pressing charges. However, in the case below a mere plain X Ray clinch the diagnosis. By the way, the complainant should undergo psychiatric assessment.

Pestle found lodged in rectum of 40-year-old

Borneopostonline

KUCHING: OUCH! That is probably what came off the mouth of a man from Sri Aman who was recently transferred here for treatment after a pestle was found lodged in his rectum.

The 40-something man, who was said to be of unsound mind, arrived at the Sarawak General Hospital from Sri Aman later Sunday evening complaining of rectal pain.

A subsequent X-ray scan showed a granite pestle inside his rectum.

Sources said doctors managed to remove the object with a minor operation on Monday and the patient had since gone back to Sri Aman.

It remained a mystery as to how or when the pestle found its way into the man’s body, but he had definitely gone back home a more relieved man than when he arrived.

In an unrelated incident, police arrested a Bangladeshi man yesterday after a woman lodged a report claiming he had molested her.

The incident happened around 1pm at a commercial centre in Pending while the woman, who is in her early 20s, was taking a break from work inside a shop.

She alleged that the suspect, who is known to her, suddenly hugged her from behind and caressed her breast before kissing and biting her cheek.

The woman immediate-ly screamed for help prompting a friend nearby to come to her rescue and chase away the suspect.

The suspect has been detained to facilitate investigation.

TRUE STORY PROVEN BY X-RAY AND OPERATIVE FINDING

Your guess is as good as mine. What on earth is a granite pestle doing up a person’s rectum. In Saiful Bahari’s case it took the Police one full month to investigate the allegation before pressing charges. However, in the case below a mere plain X Ray clinch the diagnosis. By the way, the complainant should undergo psychiatric assessment.

Pestle found lodged in rectum of 40-year-old

Borneopostonline

KUCHING: OUCH! That is probably what came off the mouth of a man from Sri Aman who was recently transferred here for treatment after a pestle was found lodged in his rectum.

The 40-something man, who was said to be of unsound mind, arrived at the Sarawak General Hospital from Sri Aman later Sunday evening complaining of rectal pain.

A subsequent X-ray scan showed a granite pestle inside his rectum.

Sources said doctors managed to remove the object with a minor operation on Monday and the patient had since gone back to Sri Aman.

It remained a mystery as to how or when the pestle found its way into the man’s body, but he had definitely gone back home a more relieved man than when he arrived.

In an unrelated incident, police arrested a Bangladeshi man yesterday after a woman lodged a report claiming he had molested her.

The incident happened around 1pm at a commercial centre in Pending while the woman, who is in her early 20s, was taking a break from work inside a shop.

She alleged that the suspect, who is known to her, suddenly hugged her from behind and caressed her breast before kissing and biting her cheek.

The woman immediate-ly screamed for help prompting a friend nearby to come to her rescue and chase away the suspect.

The suspect has been detained to facilitate investigation.

SODOMY CHARGE IS ON IN TIME FOR PP BY-ELECTION

Anwar receiving subpoena from DSP Preira

Anwar with Azizah at press conference

Anwar to be charged for sodomy
newsdesk@thesundaily.com
sun2surf
KUALA LUMPUR (Aug 6, 2008) : Parti Keadilan Rakyat (PKR) adviser Datuk Seri Anwar Ibrahim will be charged for sodomy in the Sessions Court here today, Deputy Inspector-General of Police Tan Sri Ismail Omar said today.

He said the move to charge Anwar was made following a decision by the Attorney-General’s office.

He said a written notice had been issued to Anwar to be present at the Kuala Lumpur Session’s Court, Jalan Duta, at 10am today.

“Police have carried out an investigation on a sexual crime involving intercourse against the order of nature involving Anwar, based on existing legal principles and procedures. The investigation papers were handed over to the Attorney-General’s office for advice and a decision,” he said.

The subpoena to appear in court was served on Anwar by DSP Jude Pareira, head of Criminal Investigation Department, Brickfields District police headquarters, at the former deputy premier’s residence in Segambut Dalam, here at about 12.05 pm yesterday.

The move by the police is the culmination of a month-long investigation into a sodomy complaint by Anwar’s former aide that grabbed headlines.

Coincidentally, the serving of the notice comes on the day the Election Commission (EC) fixed Aug 16 as nomination day for the Permatang Pauh parliamentary by-election in Penang and Aug 26 for polling if there is a contest.

The seat was vacated by PKR president Datuk Seri Dr Wan Azizah Wan Ismail, to pave the way for her husband Anwar to return to national politics.

In a press conference at the PKR headquarters after he had received the police notice, Anwar said he was being prosecuted for “a crime that I did not commit”.

He also slammed the timing of the decision, saying it was a conspiracy to bring him down.

On the 10-day by-election campaign period, Anwar said he looked forward to it to meet with his voters in a home constituency.

He called on the EC to ensure that the by-elections were conducted in a “fair and unbiased manner.”

In Bentong on Tuesday night, Anwar had told some 3,000 people who attended his ceramah at the PAS operations centre in Chegar Medang that the Barisan Nasional (BN) will do “all sorts of things” to make sure he loses in Permatang Pauh.

He said he believed the BN leaders and machinery would continue to smear his name.

Anwar’s ceramah was disrupted by a power failure about 11pm, causing a slight commotion among his supporters.

SODOMY CHARGE IS ON IN TIME FOR PP BY-ELECTION

Anwar receiving subpoena from DSP Preira

Anwar with Azizah at press conference

Anwar to be charged for sodomy
newsdesk@thesundaily.com
sun2surf
KUALA LUMPUR (Aug 6, 2008) : Parti Keadilan Rakyat (PKR) adviser Datuk Seri Anwar Ibrahim will be charged for sodomy in the Sessions Court here today, Deputy Inspector-General of Police Tan Sri Ismail Omar said today.

He said the move to charge Anwar was made following a decision by the Attorney-General’s office.

He said a written notice had been issued to Anwar to be present at the Kuala Lumpur Session’s Court, Jalan Duta, at 10am today.

“Police have carried out an investigation on a sexual crime involving intercourse against the order of nature involving Anwar, based on existing legal principles and procedures. The investigation papers were handed over to the Attorney-General’s office for advice and a decision,” he said.

The subpoena to appear in court was served on Anwar by DSP Jude Pareira, head of Criminal Investigation Department, Brickfields District police headquarters, at the former deputy premier’s residence in Segambut Dalam, here at about 12.05 pm yesterday.

The move by the police is the culmination of a month-long investigation into a sodomy complaint by Anwar’s former aide that grabbed headlines.

Coincidentally, the serving of the notice comes on the day the Election Commission (EC) fixed Aug 16 as nomination day for the Permatang Pauh parliamentary by-election in Penang and Aug 26 for polling if there is a contest.

The seat was vacated by PKR president Datuk Seri Dr Wan Azizah Wan Ismail, to pave the way for her husband Anwar to return to national politics.

In a press conference at the PKR headquarters after he had received the police notice, Anwar said he was being prosecuted for “a crime that I did not commit”.

He also slammed the timing of the decision, saying it was a conspiracy to bring him down.

On the 10-day by-election campaign period, Anwar said he looked forward to it to meet with his voters in a home constituency.

He called on the EC to ensure that the by-elections were conducted in a “fair and unbiased manner.”

In Bentong on Tuesday night, Anwar had told some 3,000 people who attended his ceramah at the PAS operations centre in Chegar Medang that the Barisan Nasional (BN) will do “all sorts of things” to make sure he loses in Permatang Pauh.

He said he believed the BN leaders and machinery would continue to smear his name.

Anwar’s ceramah was disrupted by a power failure about 11pm, causing a slight commotion among his supporters.

Aktiviti ADUN Selat Klang pada malam 06/08/08: Majlis Penghargaan AJK Majlis Pemuafakatan Ibu bapa Pelajar

Bertempat di Pejabat ADUN Selat Klang di Jln Sg Bertih pada malam 6hb Ogos 2008 satu Majlis Penghargaan kepada AJK Majlis Pemuafakatan Ibu bapa Pelajar telah diadakan. Berikut adalah foto kenangan AJK yang telah hadhir pada malam tersebut. Hanya kepada ALlah diserah segala urusan dan hanyasanya ALlah sahaja yang dapat membalas jasa mereka.

Aktiviti ADUN Selat Klang pada malam 06/08/08: Majlis Penghargaan AJK Majlis Pemuafakatan Ibu bapa Pelajar

Bertempat di Pejabat ADUN Selat Klang di Jln Sg Bertih pada malam 6hb Ogos 2008 satu Majlis Penghargaan kepada AJK Majlis Pemuafakatan Ibu bapa Pelajar telah diadakan. Berikut adalah foto kenangan AJK yang telah hadhir pada malam tersebut. Hanya kepada ALlah diserah segala urusan dan hanyasanya ALlah sahaja yang dapat membalas jasa mereka.

Akitiviti Exco Pendidikan pada 06/08/08: Pertemuan Dengan Pelajar Perubatan Universiti Ukraine

Satu pertemuan dengan Pelajar Perubatan dari Ukraine tajaan Kerajaan Selangor yang kini sedang bercuti telah diadakan di pejabat Exco SUK pada 06hb Ogos 2008. Perbincangan mengenai masalah yang mereka hadapi telah diadakan.

Kelihatan para pelajar yang sedang berbincang dengan Exco

Akitiviti Exco Pendidikan pada 06/08/08: Pertemuan Dengan Pelajar Perubatan Universiti Ukraine

Satu pertemuan dengan Pelajar Perubatan dari Ukraine tajaan Kerajaan Selangor yang kini sedang bercuti telah diadakan di pejabat Exco SUK pada 06hb Ogos 2008. Perbincangan mengenai masalah yang mereka hadapi telah diadakan.

Kelihatan para pelajar yang sedang berbincang dengan Exco