Tuesday, January 30, 2007

Head Held High... Walk With Us....

Dear Jeff & Rocky,

Well wishes and keep your heads held high as will us other Bloggers...

Jeff's case: Both sides now bound by 'No-Subjudice' undertaking
Lawyers from both sides of the defamation suit initiated by NSTP et.al against this blogger have agreed to record the following before Justice Malik Ishak in chambers at the High Court of Malaya Kuala Lumpur this morning:

By agreement, all parties henceforth agree not to publish any articles, comments or posts regarding the dispute presently before the High Court in this action that may be regarded as subjudice or that may prejudice the fair trial of the case.
I understand the draft was prepared by the plaintiffs' lawyers, and ours did not object to it.
Prior to this, the plaintiffs had on January 11 obtained an exparte injunction against this blogger, requiring him to remove 12 + 3 alleged defamatory postings posted on Screenshots between February and December last year.

The injunction also restrains this blogger, "whether by himself, or through his employees and agents", from republishing these posting in Screenshots or on the world wide web, until the disposal of the defamation suit.

'Fatally deficient'
I have since instructed my lawyers to apply for the suit to be struck out on the ground that, among others, the Statement of Claims served on me is deemed 'fatally deficient'. As you see, it's the same line of action I took compared to Rocky's.

The Court has fixed March 6 for the hearing of the striking out.
My lawyers have also filed for the exparte injunction to be set aside, besides claiming costs to my favour.

As such, the interparte injunction and the setting aside of the ex parte injunction will be fixed for mention on March 6 when hearing starts for the striking out application.

My co-defence lawyer Haris Ibrahim had gone on record by saying that the judge would first deal with the striking out application before hearing other matters when the parties meet in court on March 6.

“The interparte injunction and the setting aside of the ex parte injunction will be fixed for mention that day. If the striking out application is successful, the defamation suit against Ooi will be dropped and there will be no injunction left to contest,” he said.
Meanwhile, the plaintiffs' lawyers had obtained an ad interim to sustain the exparte injunction until the hearing starts.

Walk With Us
The hearing in chambers this morning was over within minutes. The lawyers were already stepping out of the lift as I was to get into Civil Court 6 on the 11th Floor.
I am grateful that some media friends, bloggers and blog commenters have made time to meet and to lend us moral support this morning.

Thank you for your time and paying for our breakfast and coffee. I hope you commenters start your blogs soon, and those who are already blogging, stay on course!

Sunday, January 28, 2007

Repeatedly, NST and Abdullah prejudice again

Repeatedly, NST and Abdullah prejudice again

Posted by Clerk-of-Works under Court Proceedings , Campaigns & EventsNo Comments

ANALYSIS. Yesterday, we alerted you on why The NST and Berita Harian, both subsidiaries of The NSTP, should be cited for contempt of court.

Today, The NST is not only in active denial mode, it’s courting the Prime Minister, who is president of Umno which effectively owns The NSTP, to commit prejudice against the bloggers on trial, yet again!

And the bloggers’ trial continues tomorrow, January 29 for Rocky, and January 30 for Jeff Ooi

The new spin, we believed was primarily aimed at the Judges as Malaysia no longer practises the jury system, was published in January 28 edition of New Sunday Times, entitled Exclusive Sunday interview with the Prime Minister: ‘I’ve to do what I need to do‘, bylined Hishamuddin Aun, the plaintiff in the defamation suits against the bloggers, Berita Harian Group Editor Manja Ismail and Kadir Dikoh.

In the article, Abdullah Ahmad Badawi resorted to the same tactic used by NSTP’s counsel, Shearne Delamore & Co., which made “global claims” of a generic manner where all bloggers were called names and accused of penal crimes but void of specifics. It has been a tactic described by the defence as “fatally deficient“.

Abdullah had called bloggers liars without saying specifically what lies bloggers told.

“Fatally deficient” as it may, Abdullah was quoted in the New Sunday Times as saying this:

Q: But do you think the criticism against you has gone overboard? If previously there were people who disagreed with certain matters the leaders did, the government did, today there seems to be more integrated efforts from a particular group to discredit you. This is most evident in cyberspace. Why is this happening?

A: Seems that these people are captivated by these tools, the SMS, electronic media.
They feel they are free, they cannot be disturbed and they can say whatever they wish to say. They do it (post comments) anonymously.
This sort of freedom had made them resort to such action (of spreading lies and making unfounded allegations).
Even bloggers or those who maintain websites use this opportunity to create stories. Lies after lies are being told. To them, everything is not right, everything is not good.
If I allow myself to be distracted by all this, I will not be able to do any work. That is what they want, that I not focus on my work.

Is The NSTP and the individual plaintiffs suing Rocky and Jeff Ooi so desperate? Why the rush to print the subjudice piece on January 28?

WE KNOW, on January 29, Rocky has to inform the court his decision Shearn Delamore raised on January 25.

WE KNOW, on January 30, Jeff Ooi will begin court hearing to set aside the ex-parte injunction The NSTP et.al took against him, and to strike out the entire case brought against him.

And WE KNOW that Shearn Delamore, who represents The NST et.al., is citing prejudice against Rocky, and had cautioned subjudice against Jeff Ooi by slapping him with the ex-parte injunction. But is Shearn Delamore risking its reputation — yes, Cecil Abraham has retired from the firm — by ‘closing an eye’ to The NST for using its own Press and Monsterblog.com.my to consciously commit contempt of court?

And verily, WE KNOW that The NSTP is using Abdullah in a perilous posturing to influence the Judiciary using Executive power to silent the dissent, an act that Abdullah has willingly allowed himself to be enslaved by.

The cyber Operasi Lalang has begun!

Saturday, January 27, 2007

Money in Politics...

Money Politics? David vs Goliath? RM100k vs Rm3k?

Could an Unemployed man stand for election without money?
Will an Unemployed man stay clean and noble when being place in a position to govern and make policies and avoid greed and money?
Or will it be just another (Raub) Klang Palace in the making?

On the eve of polling, Star Metro takes a closer look at the two candidates and how they stack up against each other.

Name: Abdul Aziz Kiram
Age: 47
Date of birth: Oct 16,1960
Place of birth: Kampung Batu Malim, Raub
Marital status: Married
Academic qualification: MCE

Occupation: UNEMPLOYED! (formerly field assistant with the Special Affairs Deparment)

Party position: Raub Umno division secretary and Pahang Umno Youth treasurer Social activities: Raub Smallholders Co-operative chairman and Batu Talam sports community club acting chairman

Mode of campaigning: From door-to-door, public talks to community gatherings, fully-backed by Barisan Nasional component parties

Allocation spent: RM100,000 (estimate)


Name: Ng Chee Pang
Age: 22
Date of birth: Jan 22, 1985
Place of birth: Mengkarak, Bera
Marital status:
Single Academic qualification: SPM

Occupation: TRADER

Party position: None (independent) Social activities: Not known

Mode of campaigning: Door-to-door and supported by family members comprising father Kwi Liang (campaign manager), brother Chee Fu (photographer) and not more than 15 supporters

Allocation spent: RM3,000 (estimate)


Friday, January 26, 2007

Responsible vs UnResponsible

If only we had a PM like this instead of 'one that does not know where he should stand':

Councilors must be responsible for what they do as there are laws on corruption and mis-use of powers, Datuk Seri Abdullah Ahmad Badawi said. The Prime Minister said these laws were enforceable and Councilors must bear in mind that they could not hide or take advantage of the System to do something that was against the law.

“They cannot hope to cover themselves or hide from the laws,” he told Malaysian journalists at the end of his three-day working visit here yesterday.
He said Councilors, just like Ministers, must be responsible for what they do or risk facing legal action from others.

Abdullah was commenting on the legal action against Councilors that were corrupt and abusing their powers for personal gains. He raised the question of “what was Power without responsibility,” saying that laws must be respected.

Thursday, January 25, 2007

Dangers of ‘Abusing” Bloggers

This is a MASTERPIECE write-up from Susan Loone.... read every sentance!

This is a response to theSUN’s editorial “Dangers of Misusing Blogs” .

They say we are misusing blogs, well they must be experts in the game of “misuse” and “abuse” because newspapers these days are often “misused” to serve the powerful and mighty. This is VERY dangerous.

Such an article could only come about due to falling popularity of newspapers, as compared to blogs. Blogs have become the bearer of free speech, creative and investigative journalism, much to embarrassment of newspapers, who are now being perceived as nothing but state organs and propaganda machines. Many bloggers have continued to maintain their independence and their integrity, despite having to operate their blogs in their own free time, without pay and without fat bonuses.

Newspapers forget that the reason why blogs have become so relevant and popular today is because newspapers have failed to do their jobs. Newspapers had failed to present news objectively and critically, and instead are perceived to parrot only what their paymasters say. If going by the standards or definition of defamation as stated by theSUN’s editorial in its first paragraph, newspapers are liable for many defamation suits.

How many times have newspapers written about personalities in a damaging way that sometimes there is just no recourse for the victimised person, unless one has money to sue the said newspaper. Such news are broadcasted far and wide in newspapers before the facts are checked, and later it turned out to be factual errors. Apologies are hard to come by, while damage has been done.

We need not go too far. The story of the Mongolian, Altantuya Shariibuu’s murder case is an excellent one in point., where newspapers come out red face by getting many facts wrong. And if we remember correctly, the newspapers also had their field day during Anwar Ibrahim’s downfall.

TheSUN says “In short, defamation/libel can be described as words - written or spoken - tending to lower an individual or organisation in the estimation of right-thinking members of society”. In short, they mean the NST’s reputation. We need to ask, does NST have a good reputation to start with? This must be established first. With falling readership figures and several boycotts against it, since 1998, it’s reputation is at stake, to say the least.

And what about “right thinking members of society?” Who are these? UMNO politicians? Who are to decide they are right thinking in the first place? Countless of opinions have been registered from bloggers all over the world (links could be found in the Bloggers United Page), and most of them think the NSTP’s action is wrong and amount to political assasination of the two individuals. Are they not right thinking members of society?

TheSUN forgets as journalists, it needs to respect the freedom of expression and free speech. This is one of the items enshrined in Journalistic ethics. If one claims this is a democratic country, then lets exchange words, debates, information, till we arrive at some truth. If the two individuals felt they had been defamed by Jeff and Rocky, why not sue them in their personal capacity? Why hide behind a big, political institution like the NSTP? This has brought about the claim that the action is politically motivated.

With Abdullah now backing the NSTP’s action in London, one is certainly convinced that this idea was brought about by UMNO’s top leadership, whose reputation is falling apart, showing signs of crack. Don’t forget, Abdullah is planning a general election soon, and he must ensure that no newspaper or individual are brave or bold enough to speak his or her mind, or expose the truth.

Abdullah said: “laws were enforceable and bloggers must bear in mind that they could not hide or take advantage of the Internet to do something that was against the law”.
Really, it’s not for politicians to tell us what is right or wrong, as they are often the law breakers themselves, do not respect rule of law, and are the ones responsible for so many misconduct, even a primary school kid has no respect for them.

As bloggers we know we need to be responsible. That is why some of us are exposing the truth, counter checking and correcting facts by newspapers. How many newspapers turn to us or take the cue from us with regards to expose, leads and angle.

Some of us rant about what we feel and how much we hate things, especially what is happening in Malaysia these days. As public figures, politicians must swallow the bitter pill, and try to improve their lot in life to convince us they are worth supporting, or else, sorry…you can’t have our votes nor sweet words said about you in our blogs. It just doesn’t work the way you want all the time.

Yet others, including journalists, are concerned about “personal attacks” and what would happen if they were the victim. A public figure really has no choice but to be open to such attacks. Some will say, its a free country, you are welcome to sue. But is there a level playing field here? It is still disputable whether our courts are free from manipulation, and that is why a highly politicised legal suit is bound to be seen as politically motivated.

So sue if you like, but please, do not belittle our freedom to fight against defamation suits or other restrictive laws. Do not be so condescending as to say that we shouldn’t support free speech because it is not responsible. The most you can do is leave us alone.

Why is it so difficult to understand that we are not against your democratic freedom to counter-attack, whether in words or in suits. But we are against the use and abuse of corrupted and big power to silence the individual citizens who speaks out.

TheSUN’s article also assumes that readers or authors of blogs are morons - like we dont know the difference between responsible blogging and the irresponsible ones. As far as we are concerned, newspapers have been so irresponsible when it comes to sharing the news with its readers, that some of us don’t read them anymore. Most news items are mediocre, boring, and unimaginative. It does not understand the aspirations of the people, nor does it have its finger in the pulse of the nation. TheSUN’s last paragraph is completely useless: “Yes, bloggers should unite, but unite against those who misuse the blogs because they are the real threat to the future of blogging”.

The real threat to the future of blogging is repressive laws and the opportunity for institutions and its political masters to MISUSE and ABUSE such laws to cripple the individual, to cripple free speech by ripping him or her off millions of cash, in the name of libel, slander and defamation.

Truth is, if blogs are irresponsible, they can’t go far, we will just decide not to read them. Not act like a coward or a cry baby and run to the nearest lawyer and work out a defamation suit. This cry baby syndrome must stop. God, we are 50 years old, not some crawling nation with diapers.

Wednesday, January 24, 2007

Calling one, calling all! Defend your right to free speech!

Calling one, calling all! Defend your right to free speech!
Blogger United Condemn Action Against Rocky Bru & Jeff Ooi & Demand Level Playing Field in All Action Against Bloggers

This is the official statement of Bloggers United.
This statement is jointly drafted by Susan Loone and Sheih of Kickdefella. All those who believe in justice and right to free speech, please sign on and put this up in your blogs. Spread it around; let it grow far and wide. The fight is on! See also kickdefella.

We are a group of Malaysian bloggers who believe in justice and right to free speech. We, who endorse the Bloggers United movement , unanimously condemn the action taken by media conglomerate NST against bloggers Rocky Bru and Jeff Ooi.

The action by the newspaper against the duo is an action against all bloggers who believe in their right to free speech, freedom of expression and justice.

The recent event may seem like a grave development in the path of bloggers, but it can never and must never impede or stop us from defending our right to speak, to express, to write and to tell the truth, to be the watchdog, eyes and ears of the people, or simply to share our view, and give fair comment on any subject which involves and affects us as humans, as rightful citizens of this country.

The recent event may very well give the government owned media the opportunity to dictate the so-called ‘truth” but such actions only prove that bloggers must unite , continue to uphold the right to free speech and freedom of expression, fight for justice, even if it is not our own, be more alert, committed to the cause of free speech, relentless and persistence in the face of such persecution like the one which had befallen on the two of us.

What YOU do to any of US, is what YOU do to ALL.

As responsible bloggers, we demand and claim our space on the blogosphere for free and fair comment, where important national issues and prominent personalities are discussed.
Although it may seem as if the NSTP defamation suits will have a chilling effect on freedom of bloggers, as litigation can be expensive and may jeorpadise a blogger’s economic position, we will not be cowed or silenced by those who have no regard for free speech.
If you find our post offensive, you may refute us with correct facts and figures and fair comment, in the spirit of free speech.

The first two cases will have grave impact not only on the internet, but country as a whole as the country celebates VMY2007. The healthy, mature and democratic growth for free speech and expression in our midst is at stake.

The reputation of the nation as it strives to promote our multimedia supercorridor and love for IT will be a national joke for all the world to feast on.

We demand for a level playing field in all action meted out to bloggers and in particular in the defamation proceedings particularly in terms of financial resources and capabilities, and secondly, that the legal rights of bloggers et al are properly protected in keeping with the imperatives of an information society and knowledge economy which Malaysia aspires to become.

For further information, please contact me at susanloone@gmail.com and my partner in crime Sheih of kickdefella at kickdefella@yahoo.com

Tuesday, January 23, 2007

Beauty and The Voters....

This is amazing!

A small election in Batu Talam district suddenly became a Celebrity event to capture the hearts of the Voters. In the name of charity to help the 'not-so' flooded victims there and to strengthen the ruling party's chances at this very small election, the Beauty came to help the Beast instead.

Funny thing is Batu Talam is NOT the disaster area unlike Bukit Tinggi in Johor!

The urgency for the Beauty to show up at the call of the Beast to provide more pulling power to convince voters in the name of Charity. But the Charity should be at Bukit Tinggi! Why didn't the Beauty go there instead if its really about Charity? Simple answer is the Voters are at Batu Talam.

Sunday, January 21, 2007

We only want your Bloody TOLL Money...

20 arrested at anti-toll protest January 21, 2007
Posted by elizabethwong in Current Affairs, Malaysia, Human Rights. trackback

Twenty (20) persons were arrested at today’s anti-toll protest in Cheras. They are currently held at the Kajang IPD.

They include Dr. Hatta Ramli (PAS), Ronnie Liu (DAP) and Tian Chua (KeADILan). Others that I know of are Jasmine, Jack - a graphic designer and Lee ‘lao shi’, a teacher.

A journalist from Malaysiakini.com, Andrew Ong, was also arrested. Apparently, the police wanted to see his photographs inside his trusty Nikon D-50. (?)

They are expected to be released sometime tonight. When I spoke to Tian on the phone, he said he will have to seek medical help as one of his shoulder may be sprained or dislocated.

No news since 5.30 pm. The phones numbers that I have are either offline or going into voicemail. This is the third protest since the toll-hike was implemented.

(updated: 1930 h, source: Suaram press statement)

(…) Eyewitnesses said the police cracked down the demonstration without giving any warning to the protestors. The demonstration started at 4.00pm at the toll near Cheras Mahkota and merely less than five minutes, the police moved in violently to arrest the protestors.

Some detainees have suffered serious injury due to the excessive force used by the police. Tian Chua said his arm might be dislocated due to the violent manner deployed by the police while arresting him. The detainees were handcuffed while being arrested. Some complained that the handcuff was locked tightly that they cut into their skin.


We condemn the police for intimidating the journalist from Malaysiakini by confiscating the camera of the journalist, Andrew Ong. This is clearly an attempt by the police to destroy any evidence of their violent acts to prevent this evidence from being used in any inquiry into their abuse of powers, such as had been done in the Suhakam’s (National Human Rights Commission) public inquiry on the “Bloody Sunday” incident. (…)

Saturday, January 20, 2007


I actually deleted all my old postings to make room to support our fellow Bloggers currently under attack by a bunch of GOONS (Grumpy Old Orang Nak Sue)

Keep up the support for them follow the links listed on the RIGHT column.