14 October 2015

MH17 shot down by Russian-built Buk missile...

MH17 - Dutch Safety Board simulates MH17 being hit by BUK missile...

Malaysian Airlines Flight MH17 crashed as a result of a Russian-made Buk missile, the Dutch Safety Board says.

The missile hit the front left of the plane causing other parts break off, it said in a final report into the July 2014 disaster, which killed 298 people.

The West and Ukraine say Russian-backed rebels brought down the Boeing 777, but Russia blames Ukrainian forces.

The report does not say who fired the missile, but says airspace over eastern Ukraine should have been closed.

The plane - flying from Amsterdam to Kuala Lumpur - crashed at the height of the conflict between government troops and the pro-Russian separatists.

Among the victims were 196 Dutch nationals and 10 Britons.

The report says the three crew members in the cockpit were killed by the missile explosion instantly.

However, it adds, it was unclear at which point the other occupants died, and the possibility of some remaining conscious for some time during the one-and-a-half minutes it took for the plane to go down could not be ruled out.- BBC News

MH17 cockpit reconstruction
MH17 - ditembak peluru berpandu BUK
Story kat SINI dan SINI

Dutch Safety Board MH17 final report (FULL VIDEO)

Tol: Dasar penswastaan BN gagal, kroni untung rakyat rugi...

Kenaikan kadar tol membuktikan kegagalan Kerajaan Persekutuan dalam melaksanakan dasar penswastaan berikutan hanya kroni tertentu mendapat manfaat langsung melalui amalam pemberian projek tanpa tender terbuka.

Menyifatkan ia hanya janji kosong, Ahli Parlimen Petaling Jaya Utara, Tony Pua, berkata pentadbiran BN berselindung di sebalik kadar tol rendah pada awal projek bagi mendorong pengguna menerima skim konsesi tol.

“Janji Datuk Seri Najib Razak pada manifesto pilihan raya BN 2013 betapa kadar tol akan berkurangan secara berperingkat dalam tempoh lima tahun hanya janji kosong untuk meraih undi.

“Bahlkan, Kementerian Kerja Raya tidak peduli untuk memberi alasan lebih meyakinkan, selain menyatakan jumlah yang dijimat boleh digunakan untuk melaksanakan projek pembangunan yang memberi kesan berganda kepada ekonomi.

“Alasan itu tidak masuk akan kerana perbelanjaan rakyat terhadap pembelian selain dari bayaran tol juga memberi kesan sama kepada ekonomi,” katanya pada kenyataan media, hari ini.

Pua berkata, kenaikan kadar tol juga membuktikan BN tidak berupaya mengurus ekonomi negara sebaliknya, rasuah, pembaziran, ketidakcekapan dan penyelewengan dana kerajaan, berleluasa.

Di sebalik pertambahan hasil melalui kenaikan harga minyak sejak dua dekad lalu, rakyat bukan sahaja terpaksa membayar mahal untuk menggunakan lebuh raya, bahkan kerajaan menjadi miskin hingga melaksanakan cukai barangan dan perkhidmatan (GST),” katannya. - roketkini

How about using Sosma on toll operators...

A pro-government portal today demanded that the Security Offences (Special Measures) Act 2012 (Sosma) be used against toll operators after it was announced yesterday that toll rates for 18 highways will be increased by 100 percent.

MyKMU, which has in recent months staunchly defended Prime Minister Najib Abdul Razak against calls for his resignation, said toll operators were guilty of "economic sabotage".

"It would be appropriate if action is taken under Sosma 2012 for economic sabotage and sparking public anger at the government.

"The government cannot compromise with old cronies who try to sabotage the country's economy and government of the day.

"Just seize all the highways and nationalise them. Arrest all the concessionaires who are insistent on defending their lopsided deals," it said.

In a break from its usual pro-government stance, the portal was also mildly critical of Putrajaya.

"The government must reconsider its decision to allow toll concessionaires to decide on the toll hike as it is not only senseless but can also affect the rakyat's support for the government," it said.

Dr Mahathir blamed

However, in a separate report, MyKMU placed most of the blame on former premier Dr Mahathir Mohamad, stating that many of the lopsided concessions were signed during his time.

"Mahathir had ensured in the past that when the agreements were signed, the concessionaires would never suffer losses.

"If the rakyat did not bear the costs, then the government would bear the costs using public funds, there would be no room for losses (for the companies)," it said.

The portal's call for Sosma to be used on toll operators came amid accusation of abuse after the government arrested 1MDB critics under the anti-terrorism law.

Former Batu Kawan Umno vice-chief Khairuddin Abu Hassan and his lawyer Matthias Chang were arrested under the anti-terrorism law on grounds of "sabotaging the nation".

They had lodged police reports in several countries concerning bank accounts linked to Prime Minister Najib Abdul Razak and 1MDB.

Najib is embroiled in a controversy over the deposits of RM2.6 billion in his personal bank accounts.

He had denied taking public funds for personal gain while his supporters claim the money is a political donation.- mk

1MDB - rogues skip free, heroes pilloried...

Khairuddin Abu Hassan and Matthias Chang were charged yesterday for committing offences under Section 124 L of the Penal Code which reads:

'Whoever attempts to commit sabotage or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years.'

The word 'sabotage', which is fundamental to any charge under this provision, is defined in Section 130A of the Penal Code as follows:-

(h) 'sabotage'' means

a) an act or omission intending to cause harm -

(i) for the interests of foreign powers or foreign organisations;

(ii) to premises or utilities used for national defence or for war;


(iii) to the maintenance of essential services; or

(b) knowingly producing defective materials, premises or utilities used for national defence or for war…; '

The particulars of the charge are that Khairuddin lodged reports with the police and other authorities in France, England, Switzerland, Hong Kong and Singapore between June 28 and Aug 26, 2015.

How the lodging of a police report in a foreign country can constitute a criminal offence in Malaysia is totally baffling.

Whether the police or other authorities in any of these five countries take any action on the report is a matter entirely within their power and discretion.

A relevant factor may probably be whether any laws of the country in question have been violated, although some of these countries have since Sept 11 assumed extra-territorial jurisdiction for offences committed outside their boundaries.

Lodging a police report is an everyday occurrence in every society, and indeed, is encouraged as a civic duty.

Presumably Chang was charged for advising his client, Khairuddin on how to draft and present the police reports.

Hence, the arrest, detention and prosecution of Chang directly threatens the independence of the legal profession and impinges on the ability of lawyers to advise their clients without fear or favour.

The conduct criticised of Khairuddin in the charge does not come anywhere near 'intending' to cause harm to premises 'used for defence or for war' which appear in sub-sections (a)(ii) and (b) of the definition of 'sabotage'.

Neither can his action be intended to cause harm 'for the interests of foreign powers or foreign organisations'. That is intended for spies, traitors and terrorist organisations.

One would be hard pressed to find nationalists like Khairuddin and Chang. They are true and loyal Malaysians genuinely and sincerely acting in the interests of the people and nation

Blatantly unjustified prosecution

That leaves an act 'intending to cause harm….to the maintenance of essential services', which is defined to indicate 'banking and financial services'.

Hence, this prosecution presupposes that what Khairuddin did when he lodged police reports abroad presumably relating to 1MDB and the loss of funds is inimical to the maintenance of Malaysia’s banking and financial services is equally baffling.

Rather than treating them as heroes for endeavouring to ascertain the truth about such losses (which is a necessary first step to enhance the confidence in Malaysia’s financial and banking systems, and in consequence, strengthening them by transparency and accountability), Khairuddin and Chang are subjected to a criminal prosecution of the worst kind.

Hence, not only are they charged under the ordinary criminal laws of the land, but their charges come within the purview of the dreaded Sosma which has meant that they cannot be released pending the trial but remain in detention.

The Bar had condemned Sosma as a terrible substitute for the draconian ISA and this prosecution demonstrates the extraordinary reach of Sosma and its potential for abuse.

A constant feature of the Najib administration is that real culprits are never charged; instead, innocent persons and other victims are targeted.

So it is the ultimate irony that the real wrongdoers and culprits are not charged for flouting the law resulting in the loss of billions and the fall of confidence, both international and local, in our financial market, but courageous souls like Khairuddin and Chang are persecuted for daring to expose the truth.

This is yet again a blatantly unjustified prosecution of wholly innocent persons pursuing the truth. Accordingly, the charges against them should be dropped and both released immediately. - Tommy Thomas,mk


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