Bar Council/Y4C’s continuing “Rethinking Malaysia” forum series hit a sour note last night when one of the panel speakers advised youth to seek “greener pasture” if the situation in Malaysia becomes untenable.

The advice was given by Datuk Paul Low, Secretary General of Transparency International Malaysia, when he cautioned the Malaysian Government against unjust policies in this age of globalization where people have high mobility.

Last night’s forum titled “Media and Civil Society” saw a turnout of about 60 people most of whom were below the ages of 20.

The first panel speaker Jeff Ooi, a prominent blogger in www. jeffooi.com. lamented the fact Malaysia media was controlled tightly by the ruling parties. As such the newspapers devoted all their effort one-sidely on pro-government news. The rest of it was the sentionalisation of rape, murder and robbery.

On a civil society, his wish-list would contain one where Malaysia would get rid of what he called “Merdeka 1234”—1 for Malay, 2 for Chinese, 3 for Indian and 4 for Others.

“Let us one day be colour blind in this regard,” he said.

The second speaker, Elizabeth Wong of Suaram and also a blogger under http://www.elizabethwong.wordpress.com/, pointed out that the “other news” which could balance the citizens’ exposure were unfortunately in the blogs. But the majority of Malaysians do not have access to that.

She gave the example of her experience during the Ijok bye-election. There was no broadband and she had to use the slow connection.

“When the bill came, it was more than a thousand ringgit for just the 7-day of usage!” she exclaimed.

Datuk Paul Low of Transparency International wanted all news touching on sensitive issues be banned from being published. He gave the example of “burning of a temple” and having the media asking and getting all the provocative answers.

“If these were to be published then we may have a riot. There will be a curfew and you and I will not be able to go about our business,” he said.

But the question is, in the Malaysian context where many of the actions are media-driven (Ask Michael Chong, he is an expert in this) would not silence create more frustrations and non-action.

A member of the audience put forth a query that given the unique Malaysian situation, would the “Rethinking Malaysia” called for a new social contract as the current one was creating a lot of frictions among the various races.

Paul Low replied a new social contract was unnecessary in this age of globalization as young people can easily seek “greener pasture” elsewhere.

When pointed out that he should not be giving such advice to the young impressionable minds but instead should tell them to stay to make this place better, Paul Low drew the example of the European Union where there was great mobility of people and labour.

If Asean thus become like EU then the movement would not be out of frustration. But it would definitely not happen in the next 50 years, and leaving Malaysia for “greener pasture” is a defeatist solution. The “Rethinking Malaysia” calls for a reflection on the past and a peek into what the future holds in the next 50 years. Those wanting a easy way out by leaving should not be participating in such a forum in the first place.

Those young people present when the altercation with Paul Low was taking place, instead of listening and then speak up their mind, bowed their heads in silence. Is this a good or bad omen for the future of Malaysia?.

Singapore Bloggers Shun Political Discussions

The cyberspace may offer opportunities for open political discussion but most Singaporeans are not participating.

This is according to the preliminary findings of a yet-to-be-completed study, conducted by the Institute of Policy Studies (IPS), on the behaviour of Singapore voters at last year's General Election.

"There are some blogs that are politically engaged but, if you look at the content and the total number of blogs, they are not that many for a country that is so wired up and so high up in terms of computerisation," said IPS deputy director Arun Mahizhnan, during a discussion at the 16th Asian Media Information and Communication Centre (Amic) annual conference yesterday.

"With regard to the contents of the blogs, only a few can be characterised as serious political engagement," Mr Mahizhnan said, citing Mr Alex Au of Yawning Bread and Mr Lee Kin Mun, also known as mr brown. "But there are not many others like these two."

When it comes to managing new media, Mr Mahizhnan believes authorities face a dilemma.

He told TODAY: "On the one hand, it (the Government) wants to promote information communications technologies (ICT) in Singapore, but on the other hand, it is also concerned about ICT abuses. So, it tries to put certain controls, but unfortunately, the Internet is not easily controlled by any one government or one organisation."

Mr Mahizhnan believes the way forward is to accept that there will be a divergence of views in the digital world. As such, he believes the focus should be on building a socially immune system. Hailing groupings such as the Parents Advisory Group for the Internet (PAGi) as exemplary, he said: "The move for society to build its own defences has to be a many-pronged approach, both top-down and bottom-up."

But will new media have any impact on regulations governing the mainstream press in Singapore?

Another panellist, Associate Professor Tey Tsung Hun who teaches at the National University of Singapore's law faculty, takes a cautious stand. He said: "It is unlikely that we will see any changes in the legislative framework governing the print media in the next two to three years. There is no reason to change the law unless there is evidence that it is not conducive to the Government's aspiration to develop Singapore as a media hub."

But panellist Au was hopeful. Citing the advent of gay websites, he said at the session: "Here is maybe an example where new media can lead to social change which, in turn, in due course might lead to a loosening of regulations governing mainstream media."

Full exposure...
The Star...
Testifying as the first prosecution witness, he said the political analyst had never instructed him to hurt anyone before.
"I would have lodged a police report if anyone asked me to kill someone else," he said.


Full exposure...
The NST said...
Suras had also allegedly issued threats that he was sent by Razak to throw them out of the window to make it look like a suicide.
Asked by Kamarul if she understood what the threats meant, she said she did because of his "hostile" body language and his "scary face".

Kamarul: So he came in the room and slept?

Uuriintuya: He entered the room, put his helmet on the floor and slept on the bed.

Kamarul: Did any of you try to leave the room and tell the hotel management or lodge a police report while he was asleep?

Uuriintuya: No.

She said Altantuya decided to lodge a police report on Oct 19 after the threats became too much to bear.



To be able to work another day...
The Star...
Living up to his ‘private’ eye credentials...
ANG Chong Beng, the 56-year-old private investigator hired by the late Altantuya Shaariibuu last year, is a private man indeed.
So private is he that he managed to evade press photographers throughout the seven days of the murder trial.

The moral of the story is: Get Indian for PR and get Chinese for PI.

The Latest & Most Creative Internet Con Job

The latest and the most creative internet con job is to con those already being conned. Sample this:

--------------------
Attention,

RE: Scam Victims Compensation Payments: FUNDS PROCESSING REQUIREMENTS!!!

This is to inform you that as part of the clearance/verification exercise for payments by the Verifications Dept. at the head quarters of the ECOBANK/UNITED NATIONS COMPENSATIONS, some requirements are important.

To effect the smooth payment of your compensations, you are required to make available the below requirements which enables the prompt dispatch of your funds:

ECOBANK PAYMENTS CLAIM FORM

PERSONAL INFORMATION (As to appear as receiver):

First Name:
Middle Name:
Last Name:
Gender: Male/Female
Date of Birth:
Marital Status: Single/Married/Divorced
Nationality:
Religion:
Occupation:

Address 1:
Address 2:
City:
State/Province:
Country:
Email Address:
Tel: Cell:

Payment Option (Wire Transfer/Cheque/Western Union):
Preferred Payment Bank (U.K. OR NIGERIA):
Total Amount Defrauded(For record keep):

VERY IMPORTANT NOTICE: PLEASE ENSURE YOU CLICK ON "REPLY" BEFORE FILLING THIS FORM ABOVE.

Also required are:

A Short Application Letter requesting the release of your funds (To be written as email):

Any Legally Identifying Document:

It is important you ensure the correctness of the information required as no one can be held liable due to applicant's errors in the provided information as it will be used in the dispatch of your funds compensations.
For record keep, you are to calculate and state the exact amount collected from you by these individuals for full recovery and refunds. We will ensure you get back all of your money and your compensation dues by the Government/EcoBank compensations programme.

On the provision of the requirements, your FUNDS will be processed and remitted to you as soon as possible.

Hoping to hear from you even more than soonest.

Yours faithfully,
IYAMAH SYLVANIUS.
ECOBANK/UNITED NATIONS COMPENSATIONS PAYMENTS DEPT.
Tel: +234 807 754 0292

NOTE: The UN/Nigerian Government will decline any other complains of scam should you fall victim again after this compensations is paid and transfered to you. So be warned!!!
-------------------------------

They were ridiculed that such a bank did not even have a website and had to rely on free Yahoo email. They got the cheek to reply that the website was under construction.

The objective of NEP is to be lauded. However its implementation has left much to be desired.

Instead of benefiting the privileged few with the connections the allocated share should be given to Malay cooperatives where all Malay employees should belong. This way the benefit would be spread to benefit as many Malays as possible.

At the moment the privileged few would have to resort to Ali Baba arrangements in which only the few non-Malays with connections benefit.

So the many non-Malays complain unfairly blaming the many Malays who have only their jobs to cling to.

With a shrinking economic cake the country is now experiencing as more and more foreign investors bypass Malaysia for other Asian countries such as China, Vietnam and Singapore, the dissatisfaction and frustration are growing at the expense of the many non-Malays and Malays.

Therefore it is imperative that a more equitable economic policy and formula be drawn up to benefit the many Malays and non-Malays for the continued wellbeing of the country.

In the Malaysian context, any meaningful dialogue should begin with the unequivocal acknowledgement of Malay political dominance and institutions in the country to allay Malay phobia.

An analysis must then be made to government contracts and tenders, transportation (it has been decreed as a Malay preserve), manufacturing (many non-Malay plants are unlicensed for obvious reasons) etc for the most effective and equitable ways to benefit the many Malays and non-Malays.

Without such a starting point we can talk until the cows come home, inflaming emotions unnecessarily all along the way.

Now that PI Bala has finished giving his examination-in-chief and subjected to cross-examination, one glaring gap has emerged.

What the Tamil-speaking Bala has said in the examination-in-chief was actually nothing new as most of it was already in Razak Baginda’s affidavit. What was eagerly anticipated was that the Defence lawyers could get more out of him by way of cross-examination. But what a let down.

The issue of how he could identified Azilah Hadri as the driver of the red Proton Wira which took Altantuya away on the night of Oct.19, was not pursued at all. Bala identified Azilah as the driver without hesitation and yet did not know the other two persons in the same car. Unless Bala had known Azilah before. If not then the three in the proton wira came to him as total strangers and yet pointing out Azilah was that straight forward to him. Was there any prompting.

Instead the cross-examination was taken up on Bala’s opinion why Razak Baginda need not make the police report on extortion. This would not carry any weight at all because it was not an opinion of an expert or legal person. If Razak’s personal lawyer were to give the same opinion then he may be in trouble with the law and the Bar Council because extortion is a criminal offence and has to be reported as such.

Another discrepancy was the fee he said he charged Razak. During examination-in-chief he said it was RM4,000. Then during cross-examination he said it was RM600 per day or RM7,000 per package of 20 days. The conjecture is that he was paid much more otherwise how can he afford “MAH82 Merz my car”.

Star Pix

The past 4 days of Trial has revealed actually nothing new. Most of what the Private Investigator said in his examination-in-chief were all in Razak Baginda’s affidavit.

However a point of contention has emerged over the revelation of the bounty of US$500,000.

According to the PI it was an extortion bid by the late Altantuya. From what Anwar has hinted earlier, there is always the possibility that the US500,000 bounty was the late Altantuya’s share of the kickback. It can be easily conjectured that she had made the demand for the money for almost a year but was ignored. When she finally came to Malaysia where she had to get the services of again a private investigator to locate him that her fate was sealed.

As a side show, the NST and Star today both reported a deep conversation Razak Badinga had with his family members. The Star further reported that his daughter wailed “Its suicide, father. Its stupid!”.

Now could this be a sign of capitulation. Will there be plea-bargaining for a lesser charge?

At this stage with the whole world watching including Mongolia the trial should run its course. Many things are at stake.

Another interesting observation was that why the Private Investigator has to testify in Tamil. As one blogger said “I am sure he knows English or Malay.” He gave an account of the conversation with Altantuya. In what language? Definitely not in Tamil.

One peculiar thing was that the Tamil-speaking Bala has told the court of his fear for his and his men’s safety because Altantuya also employed a private investigator by the name of Ang.

There is no reason to fear as both are professional people doing a job unless of course Bala, taking a cue from Razak, has threatened Altantuya. Threatening another person is a criminal offence. Maybe the defence lawyers could cross examine Bala on this.

Again a moral lesson from this case: If one doesn’t want a blow job, get a private investigator instead for a more satisfying resolution.

Utusan Pix

The first two days of trial saw the reporters unable to agree on this point: Did or didn’t Razak Baginda make the police report of extortion by the late Altantuya. There are conflicting versions on it. Sample this:

The Star

Tun Abdul Majid said that upon confiding in a senior police officer friend about his problems, Abdul Razak was advised to lodge a police report in view of the serious threats.

However, the political analyst did not do so and in turn, asked his friend to keep whatever he told him a secret. Abdul Razak then met C/Insp Azilah at his office at the Bangunan Lembaga Getah Asli on the morning of Oct 18 after his friend gave him his number.

New Straits Times

Balasubramaniam: Because she was extorting money from him.

Tun Majid: Based on your experience, isn’t extortion a criminal offence?

Balasubramaniam: Yes. I advised him to lodge a police report.

The court was told that Razak did lodge a police report. He was accompanied to the police station by a lawyer friend identified only as Darren.

Bernama

He said that after Abdul Razak refused to meet Altantuya at his office, she went to his house and caused a scene before she was taken to the police station to lodge a report.

"Abdul Razak, through his private investigator, asked the deceased not to lodge a police report because he was worried about the publicity in the press and the private investigator also advised him to lodge a police report but he didn't. He also did not follow the advice to get the help of Immigration to deport the deceased," he added.

Utusan

Rentetan cerita tersebut tidak terputus apabila terdapat keterangan yang menunjukkan Abdul Razak telah menceritakan masalah ugutan Altantuya kepada rakannya, seorang pegawai kanan polis.

Rakannya itu telah menasihati Abdul Razak untuk membuat laporan polis memandangkan ancaman Altantuya adalah serius, namun tertuduh itu tidak berbuat demikian.
Abdul Razak yang telah meminta rakannya itu supaya merahsiakan apa yang telah diceritakan, sebaliknya telah meminta rakannya itu memperkenalkan seorang pegawai polis dari Balai Polis Brickfields untuk membantunya menyelesaikan masalah dengan Altantuya.

If he did make the police report over the extortion bid then he might have nothing to hide and this could be just a simple extortion case went wry.

If he did not make that police report then he might really have something inside the closet. All the inferences that this case has a political implication could well be further bolstered.

At this initial stage what has been unfolded in court is purely a love affairs turned sour leading to the murder. The political inferences may come during cross-examination of the prosecution witnesses and later the testimonies of the defence witnesses.

The case also underscores the importance of getting the right person for the right job.

Getting policemen with access to explosives and firearms would result in a “blow” job (jeffooi’s joke).

Private investigators of which I was one, with no access to explosives and firearms would resort to cleaner and quieter resolution.

There was a case in Singapore in which a man befriended a vagabond, insured him for S$500,000 and then took him to Cambodia where he drown in a bath tub.

He returned to Singapore and made the insurance claim but was rejected, He sued and the case was dismissed on the following grounds:-

1. The vagabond’s drowning was under mysterious circumstances; and
2. The man had no “insurable interest” over the vagabond.

If the drowning were to happen in Singapore he would not only lose his claim but also his life as well via hanging for murder.

A private investigator would instead advise to him to lure her to Cambodia on promises of reconciliation and then adopt the bath tub strategy.

Of course the PI would have other methods as just as clean and quiet. But the moral of the story is: If one must take a bath in Cambodia, never use a bath tub.

The other moral is: If one doesn't want a "blow" job, seek help from PI instead.

Budget Air Travel In China

Ladies & Gentlemen, time to board the plane but please walk there yourselves...

Please take your seat wherever you can find...

Please disembark and bring your luggage along...

Addendum to Expose' Right Approach

Cartoon courtesy of Benny Loh

If "mosterball" is indeed Miss Goh Swee Soon (then we can call him Ah Soon) then there will be problem even after his death.

His loving children, wives and Indonesian maid would not be able to get the death certificate for his burial because the morgue guy is too scared to give. Here there is the IC of Miss Goh Swee Soon and there the poor morgue guy is staring at "balls" instead of "pussy". (Pardon me, words not mine but his).

The "mistake" could be that he was just as cranky 40 years ago as he is now and the IC guys played a fast one on him.

On a related matter, accordingly to shrinks, person spewing expletives and name calling is a manifestation of one with inferior complex trying to boost his ego. For me, it is also a sign of vocab inadequacy. But then any language will do even Hainanese but just don't dirty the blogs. simonscwee is around, alive and kicking.

To digress, if and when I want or need long term friends I would choose Hainanese anytime. Why? Next chapter please.

Expose' The Right Approach

Expose’ is resorted to upon different motives—revenge, blackmail, jealousy or just for fun to subject a person to ridicule..

In the case of “monsterball” it was done to meet his challenge to sue him for defamation.

As mentioned in the post “Malicious “monsterball” and Cyberspace Defamation”, one of the legal requirements before a cause of action is possible is to establish the real identity of the potential defendant out there in cyberspace.

As such the expose’ in “Malicious “monsterball” and Cyberspace Defamation” was undertaken as an effort to establish the identity of the potential defendant and nothing more.

Therefore the motive of the expose’ is not revenge, blackmail, jealousy or to make fun but purely to meet the legal conditions. What is so unethical about this when the law requires it.

There was no assumption made at all that “monsterball” and a person by the name of “Goh Swee Soon” is the same person.

In fact if one goes by the blog, “monsterball” is a man with 3 ex-wives and an Indonesian “maid”, and if one goes by the IC the holder, Goh Swee Soon, is a Hainanese woman in her 60s. The disclaimer at the footnote states that “At no time it is to be assumed the two is the same person”

Now lets analyse each of the 8 expose’ to see if it is done with malice or are essential to meet “monsterball”’s challenge.

1. I/C No: 390712-05-5138

This IC is issued to a 68 year-old woman by the name of Goh Swee Soon. In all databases Goh Swee Soon is a woman who used to stay in Setapak. As “monsterball” is a man, there will be legal complications when accepting his challenge. If Goh Swee Soon is indeed a man, this expose’ is a favour to him to fix the mistake as soon as possible otherwise there will be problems with traveling overseas (like what Rafidah Aziz went through), voting in the coming General Election, banks and practically all places where the use of IC is a must. As for his IC and passport, any policeman or immigration officer looking at him will assume that either Goh Swee Soon is a female pondan or that the IC or passport is a fake.

2. Address: 105, Jalan USJ 2/4Q, Subang Jaya.

Anyone going to this address would expect to see a Hainanese woman by the name of Goh Swee Soon, in her 60s. But instead there would be an Indonesian woman in her 30s in the house. The address is a legal prerequisite to serve court papers. But then this address belongs to a female Hainanese whereas “monsterball” is a male. So by revealing the address, it is intended to ascertain if this is the right place.

3. Runs a company selling non-commercial coffee dispensers;

4. Selling dispenser at RM4,846 and a annual maintenance fee of RM550;

This is to give the likely reason why the company’s business is bad. Selling the machine, from Australia with cost price around RM500, at such high price. If the business is not making money, would it render the court effort futile.

5.Clients mostly banks such as CIMB, Maybank, etc where contracts suspected to
be Ali Baba type;

This is to show that the company’s base is precarious as most Ali Baba arrangements couldn't stay the course.

6.Company suffering losses of more than RM700,000 up to 4 years ago;
7.Company has not filed in annual returns to Suruhanjaya Syarikat Malaysia (ROC) for the last 3 years, an offence under Company Act 1965 Section 165;8.Company still owing bank over a mortgage after more than 25 years;

With such a reputation and situation, any award could well be just paper judgment.

The eight expose’ are only a fraction of what are in store. Only the eight facts are in the blog because these are relevant to the legal issue on hand. The rest are deemed irrelevant and kept away for future reference.

Therefore the question of ethics over its divulgence does not arise because the law asks for it.

Reading is an art and a skill. The adverse reactions to the expose’ couldy suggest that those blog readers still lack such attributes and jump into conclusion oblivious to what is stated. To use a metaphor it is like “monsterball” diving in the moment so-and-so open her blog mouth oblivious to any bad breath, wallow in it with his convoluted logic and last to leave mumbling “wau…so shiok man”.

Akan Datang

"monsterball"'s expose': right or wrong?

Challenges and threats to sue for defamation flying freely in cyberspace may underscore an area of Defamation Law least understood.

Loosely defined Defamation is statement which “injures the reputation of another by exposing him to hatred, contempt, or ridicule, or which tends to lower him in the esteem of right-thinking members of society”.1*

Any lawyer will know that defamation consist of libel, where the defamatory statement is in written form and slander, where it is in spoken form.

Libel is both a tort (civil wrong) and crime 2* and actionable per se, which means that there is no need to prove special damages such as financial loss, “loss of marriage prospect”3* and “of consortium”4*.

Slander, on the other hand, is only tort (civil wrong) and requires proof of special damages. The exceptions, among others, are:

Imputation of a criminal offence punishable with imprisonment;5*
(eg “monsterball” calling simonscwee a pimp)

Imputation of unchastity or adultery to a woman or girl; 6*
(eg. “monsterball” calling Lucy Lee a prostitute)

--Imputation of certain diseases.

Now lets get back to the matter on hand.

For a cause of action to be sustainable, there must be an identifiable plaintiff and identifiable defendant. The 3rd party must be “right-thinking members of society.”

In the case of cyberspace personalities and bloggers, most of them maintain nicknames and pseudonyms cloaking their real identifies, thus making the cause of action difficult to establish.

In cases where a potential defendant such as “monsterball” is identified by face or even name, there is the possibility that “monsterball” who has been infamous for maligning a hosts of other bloggers may turn around and say so and so is not “monsterball”.

To link “monsterball” to his IC name, IC number and address is not difficult given his propensity to divulge personal information in hiss poison-spewed blogs. If he admits to his identity, well and good. Otherwise evidence from other bloggers who know him would also help provided they would testify.

Then there is the issue of potential Plaintiff bringing the action. Unless the potential Paintiff’s real identity is known to the potential Defendant and also the “right-thinking members of society” (in this case fellow bloggers and blog readers), he cannot be said to have been exposed to “hatred, contempt or ridicule…” The way out is for the potential Plaintiff to meet up with the potential Defendant “face to face” and let known his real identity and background to him, other bloggers and blog readers. Then again the lawyer for the potential Defendant, could easily put up a successful defence that when the defamation was made, the potential Plaintiff was an unknown in cyberspace. Naturally the potential Defendant can repeat the defamatory statement after the potential Plaintiff’s real identify is known to all and sundry, just like the phrase “repeat it outside Parliament”.

The above need to be sorted out, established and agreed upon before a case of this nature can proceed.

As such let’s begin the process of identification by comparing “monsterball” and a man by the name of Goh Swee Soon. 7*

“monsterball”

+ a blogger infamous for maligning other bloggers;
+ got the name of “monsterball” from a movie by the same name because he is a movie buff;
+ suspected of suffering from symptoms of “Hai Lam Tin” (Hospital Bahagia);
+ first to dive in whenever Susan or Elizabeth opens a post and last to get out;
+ age same as Pak Lah;
+ three ex-wives;

Goh Swee Soon @ SS Goh

++ I/C No: 390712-05-5138 (using IC of a female);
++ Address: akan datang.
(An Indonesian woman in her 30s was seen in the house);
++ runs a company selling non-commercial coffee dispensers;
++ selling dispenser at RM4,846 and a annual maintenance fee of RM550;
(whereas Nescafe’s machine is free or subsidized as long as using Nestle beverages)
++ Clients mostly banks such as CIMB, Maybank, etc where contracts suspected to be Ali Baba type;
++ Company suffering losses of more than RM700,000 up to 4 years ago;
++ Company has not filed in annual returns to Suruhanjaya Syarikat Malaysia (ROC) for the last 3 years, an offence under Company Act 1965 Section 165;
++ Company still owing bank over a mortgage after more than 25 years;

Now lets assume there is a cause of action after all the above issues are sorted out. Next will come the issue of “legal capacity” on the part of the potential Defendant. The prognosis, as mentioned in my earlier blog, is that “monsterball” is suspected of suffering from symptoms of “Hai Lam Tin”, akin to “Hospital Bahagia” syndrome. If that is the case, the court effort could be frustrated and come to naught. Anyone with such symptom could also get away with murder.

Even if the legal capacity is established, the court decision could well be just a paper judgment given the company’s floundering financial positions. On top of that “monsterball” has to pay alimonies to not just one but three ex-wives!

As it has been said there are easier ways and Right Appraoch to deal with person afflicted by “Hai Lam Tin”. Maybe SSM and Jakin could chip in.

Akan Datang
=Interview with Director of SSM (ROC) on why no action taken on company not filing annual returns for last 3 years;
=Interview with Indonesian woman for possible Khalwat offence;
=Interview with ex-wives for possible offences under Family Law;
=Interview with creditors for possible Bankruptcy Notice;

Footnotes:
*1 Parmiter v Coupland & Anor (1840)
*2 R v Wicks (1936) & Goldsmith v Pressdram Ltd (1977)
*3 Speight v Gosmay (1891)
*4 Lynch v Knight (1861)
*5 Gray v Jones (1939)
*6 Kerr v Kennedy (1942)
*7 Disclaimer: At no time it is to be assumed the two is the same person

For those maligned by the infamous "monsterball" or those with an axe to grind against him, please be informed that there is a post coming with possible display of his Birth Cert, IC, Mariage Certs or 3 Divorces, company and clients. If possible interviews with his clients, his ex-wifes, children and others where there would be exchanges of information. If he likes, there could also be his bank accounts and credit card statements. What ever it is his clients may be alerted to all the poisons he has spewed about others. Keep tuning in.

Forum On Lina Joy

Nothing unsaid was said at last night forum:"Malaysia, After Lina Joy: A Dialogue Lina Joy"

However I am happy to note that it was one of the rare occasion where the audience was well represented by all the races.

The discerning sharp division of opinion between our Malay brothers/sisters and the non-moslem among the audience, pervaded the atmosphere at the Hotel Armada.

The Malays, quoting liberally from the Koran, maintained that Islam came as a package. There are procedures for entering and there are procedures for leaving.

The non-moslem on their part emphasized the fundemantal rights as enshrine in the constitution. For them the decision on Lina Joy is a violation of human rights.

There were a couple of Malays, like the 3 moslem speakers on the panel, maintaining a middle ground calling for healthy dialogue to solve the problem.

One Malay even went to the extend of saying that the Shariah requirement, was only applicable in the High Court and the Court of Appeal. According to her the Federal Court had jurisdiction. As such she said the Federal Court decision was wrong.

The Muslim Organizations in Defence of Islam took the opportunity at the Forum to distribute their statement on the case. It advised that the decision should not be seen as a victory for Muslims and a loss for non-Muslims in Malaysia. It maintained that the decision should instead be seen as a rejection of an attempt to deconstruct and radically revamp the current formula.

The DAP through panel speaker Lim Kit Siang renewed its call for secular state status for Malaysia. He said a secular state should not be seen as against Islam but one that transcended religion to ensure Malaysia’s future.

Another panel speaker Lim Guan Eng described Lina Joy’s decision as one that had denied the individual a right guaranteed under the Constitution such as a right to freedom of conscience and choice of religion.

Ambiga Sreenevasan, Malaysia Bar Council President expressed her pessimism the protection of these fundamental rights following Lina Joy’s decision, however, on legal grounds.

The question of whether the decision was political, religious or legal in substance, was not directly tackled. Muslim alluded it as religious while the non-muslim implied it was political.

Ms Ambiga, on her part, maintained that it was a legal issue hijacked by the politicians. In other words politicians meddling in a legal issue, and politicians meddling in religious issue and thus causing problems to Malaysians. However in the Malaysian context, it is obvious that such meddling is a manifestation of Malay phobia of the erosion of their political dominance in the country. They not only fear losing their numbers out of Islam but also fear of onslaught of other Muslim denominations such as Shitism and other “deviationist” sects.

“Healthy dialogue” as advocated by Tan Sri Khalid Ibrahim, PKR Secretary-General, should address this issue otherwise we can talk until the cows come home…

Please Be The Judge

Dear Bloggers,

A Susan's blogger by the name of "Monsterball" has challenged me to sue him over Lucy Lee. I reproduce the blogs below and please be the judge:-

June 7th, 2007 at 12:33 am
monsterball
Susan….Please visit lucy lee site and tell me if you approve of what you see for youngsters in this blog.Thanks.

June 7th, 2007 at 12:40 am
monsterball
SUSAN…lucy lee is obviously a prostitute in LONDON.DELETE IT PLEASE!!

June 7th, 2007 at 2:03 am
lucy lee
Susan, I think you would have enough knowledge to know the difference between art and pornography and that not all naked bodies are pornographic. Monsterball, as always, is talking old balls and doesn’t know such differences.

June 7th, 2007 at 3:25 am
wits0
Hahaha…naughty Lucy, best let Susan, the Blog owner, decides. Monty, ‘em youngsters surely would know the direction in the Net to Porn sites by themselves.

June 7th, 2007 at 8:05 am
simon wee
What monsterball said about Lucy Lee could amount to defamation if it is not true. From precedents, calling a woman a prostitute is also criminal defamation if utrue.

June 7th, 2007 at 8:16 am
monsterball
simon wee..you can stuff your opinion into your mouth! I meant well for the blog owner and concern about youngsters and don’t try to be too smart. Just get me sued or shut up!lucy lee…I have seen enough pussies than you!! You think by putting out three naked young prostitutes like you is a joke?Look at your words written and your reply to the man.You are getting customers from this blog.I repeat…you are a cheap prostitute and you can give free service to simon wee.Me ….. old ball…..why it’s us that you give better services for best tips….don’t you know?

June 7th, 2007 at 8:29 am
monsterball
I am calling simon wee a pimp!! hi you cheap scat…no need lucy lee sue me…you now sue me. I repeat… ..you are a Pimp!!

June 7th, 2007 at 9:04 am
monsterball
lucy lee….You call all those three completely nude photos …STANDING JUST TO SHOW THE FIGURES …ART?Who are you trying to fool?Saying how that girl look to siok man is art?Replying to one man wanting you….cheekily is art?What shit artist are you representing Malaysia?no no no…YOU ALL ARE TRYING TO SELL YOUR SERVICES AT SUSAN’S BLOG!!…PROSTITUTES ….that what you three are.

June 7th, 2007 at 9:08 am
simon wee
Monsterball, I am only giving the side of the law as it is. Why don’t you identify yourself instead of hiding under the cloak of monsterball and see what happen. As the saying go you must have enough balls to call yourself monsterball. Identify yourself and don’t get Susan into trouble because of you who is good in calling names.

June 7th, 2007 at 9:20 am
monsterball
Everybody knows my real name and face!! Go get the details…all there and start suing or shut your braggart mouth!!

June 7th, 2007 at 9:23 am
monsterball
You are an instigator…braggart and a pimp.There you got three reasons to sue me. Like I said..my face..real name all know.Do it…or shut your mouth!!

June 7th, 2007 at 9:30 am
monsterball
You want to know me personally?Good…I will be at Summit …Secret Recipe at 1.30pm on 8th..tomorrow…smoking area. Every easy to identify me…I smoke cigars.So don’t tell me I have no balls….Now lets see you have the balls to meet me face to face.

June 7th, 2007 at 9:33 am
simon wee
Mosterball, I never talk of suing you but since you want me to do it why don’t you make it easy for me to do it. Just let me know how I can serve the papers and you can have your days in court. Knowing your name and face are not enough to sue as I also have to serve. Maybe you can really prove that I am an instigator, braggart and a pimp.
I have also gone into Lucy Lee’s site and I think you need a pair of new looking glass.

June 7th, 2007 at 9:38 am
simon wee
Monsterball at 9:30am I don’t need to know you personally. Since you invited me to sue you I will do just that and you can have your days in court, no need Secret Recipe. Just make my day as the saying goes.

June 7th, 2007 at 10:15 am
kittykat46
Haiyah…this is Susan’s blog. No need to threaten to sue here…sue there (pardon the punt Susan).
Don’t behave like the Hindu God-Muslim priest…very low class…

June 7th, 2007 at 10:26 am
simon wee
dear kittykat46, Thanks for the advise. I never threaten to sue. It was monsterball in his usual self challenging others to sue. The record is all in the blog. regards Simon Wee

June 7th, 2007 at 10:29 am
simon wee
Dear kittykat46, you should instead advise monsterball not to challenge everyone to sue him.

Police Pondok & Crime

Can these abandoned Police Pondok put to better use in view of rising crime...

Persuasive Court Precedent for Jeff Ooi of Screenshots

WASHINGTON (May 16) -- A federal judge dismissed a lawsuit Wednesday against the founder of a political gossip Web site who reprinted sexually explicit material about the sex lives of two Senate aides.

Ana Marie Cox, the founder and former editor of Wonkette.com, commented on and provided links to a Web blog created in 2004 by Jessica Cutler, an aide to then-Sen. Mike DeWine, R-Ohio. DeWine lost his re-election bid last November.

Cutler's blog, called the "Washingtonienne," discussed her sex life with several men, including colleague Robert Steinbuch, DeWine's counsel on the Senate Judiciary Committee.

When Cox drew attention to Cutler's blog, Steinbuch said he was humiliated and left Washington for a teaching job in Arkansas. He sued Cutler in 2005 and last year added Cox to the suit.

Cox, who is now the Washington editor of Time.com, argued that blogs such as Wonkette cannot be held liable for material they reprint. U.S. District Judge Paul L. Friedman did not address that issue because he said Steinbuch sued too late.

"The question is whether or not he has the right to add Ms. Cox more than two years after the events in question when the statute of limitations is one year," Friedman said.

After being fired from her Senate job, Cutler moved back to New York, wrote a novel based on the scandal, posed nude for Playboy and started a Web site. The suit against her continues.

That case could help establish whether people who keep online diaries are obligated to protect the privacy of the people they interact with offline.

It is unclear when the case will go to trial. Each side is embroiled in thorny pretrial issues, demanding personal information from the other.Friedman, who expressed surprise the suit was filed, said again Wednesday he hoped both sides could found middle ground and perhaps even settled the case.

Bloggers...Take Note

WASHINGTON — Jessica Cutler, the former Senate aide whose online sex diary landed her a book deal and a Playboy photo spread but got her kicked off Capitol Hill, has filed for bankruptcy.

Cutler, a former aide to then-Sen. Mike DeWine, R-Ohio, created the "Washingtonienne" blog in 2004 and began posting racy details about her sex life with six men, including a Senate colleague and "a few generous older gentlemen" who she said paid many of her living expenses.
When the blog was discovered, Cutler was fired. She moved to New York, wrote a novel based on the scandal, posed naked and started a new website that describes herself as "a published author who jumps out of cakes for money."

Under the occupation heading of her website, it reads: "I'm freelancing."
Cutler has spent much of her time fending off a lawsuit by ex-boyfriend and fellow DeWine staffer Robert Steinbuch, who claims Cutler's blog publicly humiliated him. He is seeking more than $20 million in damages.

In court documents filed in the case Thursday, however, Cutler says she can't even pay her American Express bill, legal fees and student loans. She submitted to the judge a copy of a Chapter 7 bankruptcy petition filed in New York dated Wednesday.

The lawsuit is being closely watched by online privacy groups and bloggers because the case could help establish whether people who keep online diaries are obligated to protect the privacy of the people they interact with offline.

Cutler's bankruptcy filing further clouds the fate of a lawsuit already mired in contentious pretrial arguments. A federal judge has encouraged both sides to cooperate and perhaps even settle the case, but both sides are demanding personal information from the other and Steinbuch says he doesn't want to give a videotaped deposition for fear Cutler will put it in on the Internet.

Leaking Roofs and Falling Ceilings

Last night’s forum on “Leaking Roofs and Falling Ceilings”, as expected, put all the blames on the Government for its policy of favouring Malay Contractors for such mishaps. Their contention was that if the Malay contractors had enough knowledge and skills of the industry then such lapses would not have happen. There are enough guidelines and byelaws to ensure almost perfect buildings. It is just a matter of implementation. But they don’t and had to pass it down the Ali Baba chain.

What used to be just “Ali Baba” is now taken over by “Ali, Ali, Ali Baba, Baba, Baba”. When there is enough government contracts to go by then everything would be fine. But now with fewer and fewer government contracts available the last Baba who would have to do the job, had to cut corners in order to survive, after each level of Alis and Babas had their cuts. Also with insufficient contracts to go round, only those with the right connections would be awarded even without going through a tender process. As a result, Chinese contractors who could relied on their bumi partners for contracts are now left in a lurch and had to look for new bumi partners to survive.

There was nothing spoken in defence of the government despite the presence of two MCA speakers. There was an overwhelming condemnation of the government’s unfair treatment of other races except the Malays in government contracts. There was even calls to vote wisely in the coming general election. But who is fooling who given the “gerrymandering way” of constituency demarcation.

One participant voiced his amazement that why “Leaking Roofs and Falling Ceilings” happened only in Pak Lah’s time, whereas in Tun Mahathir’s premiership, there was no such occurrence. Tony Pua replied that its was Tun Mahathir who planted such “seeds” and now these seeds had taken root.