SHAH ALAM: The High Court has fixed September 8 for case management of the Attoney-General’s (AG) application to declare null and void a circular by the Selangor government.

The circular prohibits state officials from giving statements to the Malaysia Anti-Corruption Commission (MACC) outside their offices as well as after office hours.

The date was fixed by deputy registrar Mohd Hafizi Abdul Halim in chambers Tuesday.

The originating summon was filed by AG Tan Sri Abdul Gani Patail on August 20 against the Selangor state secretary as first defendant and the Selangor state government as second defendant.

In the application, Abdul Gani said that the first and second defendants has issued a circular on July 28 to all officers and staff whom are called for interview by MACC to help in its investigations.

Under the circular, the officers and staff were not allowed to be interviewed (or be witness) by the MACC outside their respective offices.

And, all the meetings and interview process must be held between 8am and 6.30pm only.

Abdul Gani said that the circular was unlawful and against Section 30(1)(a) and Section 30(3)(a) of the Malaysian Anti-Corruption Commission Act 2009.

He added that the circular could interrupt the statutory duties of the MACC officers.

Hence, as the AG and the guardian of the public interest, Abdul Gani said it was his responsibility to defend the Federals laws (undang-undang persekutuan), so that the public interest was not affected.

State governments counsel Fahda Nur Ahmad Kamar, who present at the court together with Yusmadi Yusoff, said the state government received the summon on Friday and has 14 days to reply to the AGs affidavit.

It was reported that the circular issued by the state secretary Datuk Ramli Mhamud on July 28 following the death of political aide Teoh Beng Hock.

Teoh, the political secretary of state executive councillor Ean Yong Hian Wah, was found dead at Plaza Masalam here on July 16 after he was questioned by the Selangor MACC, which is located on the 14th floor of the same building.

- The Star

SHAH ALAM, Aug 25 (Bernama) — The High Court has directed the Selangor government to file an affidavit in reply in 14 days, against the Attorney-General’s application to declare as null and void, a circular prohibiting state officials from giving statements to the Malaysian Anti-Corruption Commission (MACC) after office hours.

Deputy Registrar Mohd Hafizi Abdul Halim made the order in chambers when the case came up for case management here today. The court fixed Sept 8 for further case management.

Other than the Selangor government, Attorney-General Tan Sri Abdul Gani Patail also named the Selangor state secretary as the defendant.

Senior federal counsel See Mee Chun appeared on behalf of the plaintiff while counsel Fahda Nur Ahmad Kamar and Yusmadi Yusoff appeared for the defendants.

On Aug 20, Abdul Gani filed a preliminary suit in the High Court to declare as null and void the circular issued by Selangor state secretary Datuk Ramli Mahmud on July 28.

In his affidavit in support, he claimed that the Selangor state secretary issued the circular to all officers and staff under the state’s administration who had received a directive from MACC to attend interviews to help in investigation.

Abdul Gani said the circular prohibited all Selangor state government officers and staff from attending interviews (or become witnesses) by MACC outside the office and that all meetings or interviews be held between 8am to 6.30pm only.

The circular also said that the Selangor government also offered legal service to officers and staff during the interviews by MACC.

Abdul Gani said that the circular was null and void as it was against Section 30 (1)(a) and Section 30 (3)(a) of the Malaysian Anti-Corruption Act 2009 (Act 694).

“I strongly believe that the circular dated July 28, 2009 had prevented MACC officers from conducting their statutory duties provided by parliament under Section 7, 11 (1), 30 (1)(a) and Section 30 (3)(a) of Act 694.”

Abdul Gani said that since the circular was an administrative directive, Selangor officers and staff were bound by it and disciplinary action could be taken against those who failed to comply.

“In discharging my responsibility, I will ensure that action, directives or circulars issued by any party, including the defendants, are not against the laws of the country.

“I believe that as the Attorney-General and guardian of public interest, I am responsible for defending federal laws, in this case Act 694, so that public good is achieved and that public interest is not affected,” he said.

Menteri Besar Tan Sri Abdul Khalid Ibrahim had said the circular titled “Pekeliling Setiausaha Kerajaan Negeri Selangor Bilangan 4 Tahun 2009″ was issued following a decision made at the State Exco meeting on July 22 to ensure the safety of officers after the death of Teoh Beng Hock.

Teoh, 30, political secretary to State Exco member for New Villages and Illegal Factories Management Ean Yong Hian Wah, was found dead on level 5 of Plaza Masalam here on July 16.

He had given a statement to MACC as a witness in investigation into alleged abuse of state funds.

– BERNAMA

A PKR parliamentarian piled the pressure on Umno candidate Rohaizat Othman to withdraw gracefully from the Permatang Pasir by-election to avoid further public embarrassment.

Balik Pulau MP Yusmadi Yusoff (right) said Umno leaders have been irresponsible from the beginning by misrepresenting facts about the status of Rohaizat as a practising lawyer.

Firstly, he said Umno leaders claimed Rohaizat was a lawyer, then a Syariah lawyer before changing it to Syariah legal adviser due to increasing public scrutiny.

He pointed out that Rohaizat himself had claimed to be self-employed in his nomination papers filed on Monday.

“Now Umno leaders are justifying Rohaizat’s candidature by claiming that he had been implicated in a case involving his partner, not him personally,” he said.

He, however, pointed out that Rohaizat’s disbarment by the Bar Council’s Disciplinary Committee was on a personal misconduct, charge which indicates that the Umno candidate is not qualified to contest for public office. Read more »

I was invited by International Planned Parenthood Federation (IPPF) to present a paper in a Satelite Session of the Congress. The title for the session is A Borderless Response to the HIV Transmission among Mobile Populations. I was asked to speak on “Roles and Responsibilities of the State Towards Mobile Populations“. The session will be chaired by Datuk Dr. Raj Karim, Regional Director of IPPF. Apart from me, there are two panelists, Dr. Wang Hui (China Population and Development Research, Mr. Montri Pekanan, Planned Parenthood Association of Thailand and Mr. Gamini Wanasekara, The Family Planning Association of Sri Lanka. The Congress will be held at Bali International Convention Center, Nusa Dua - Bali, Indonesia from 9-13 August 2009.

A human chain stood in the way of about 50 members of a demolition team who were supposed to tear down Kampung Buah Pala today.

Both sides stood down after the demolition exercise was subsequently called off following discussions between villagers and developer Nusmetro Ventures (P) Sdn Bhd.

At about 11am, the situation became tensed after a demolition team arrived, armed with hardhats, crowbars and sledgehammers.

Upon noticing their presence, some 300 male villagers formed the human shield and began chanting slogans. Read more »