Isnin, 23 Mei 2011

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The Star Online: Nation


Tian Chua loses appeal to set aside conviction that he bit a cop

Posted: 23 May 2011 05:02 AM PDT

PUTRAJAYA: Batu MP Tian Chua has lost his appeal at the Court of Appeal here to set aside his conviction in 2009 of causing hurt to a police constable and stopping him from discharging his duty four years ago.

This came after a Court of Appeal Panel, comprising Justices Zaleha Zahari, Clement Allan Skinner and Balia Yusof Wahi, allowed a preliminary objection raised by the prosecution.

In a unanimous decision, the court ruled that the preliminary objection raised by the prosecution, that Tian Chua's appeal had been filed too late, was well founded.

"We find the appeal incompetent. The appeal is dismissed," said Justice Balia, who handed down the judgment.

The prosecution, led by deputy public prosecutor Mohd Hanafiah Zakaria, had raised the objection stating that Tian Chua should have filed his appeal within 14 days, after he was granted leave to appeal on Aug 30, last year.

However, his notice of appeal was only filed on Oct 6, last year, which was beyond the time allocated for him to appeal.

Tian Chua's lawyer Amer Hamzah Arshad, however, argued that the notice of appeal was actually filed within time on Sept 6, but it had been filed at the wrong registry.

In Oct 2009, Tian Chua, whose full name is Chua Tian Chang, was convicted in the magistrate's court of hurting constable Rosyaidi Anuar, 21, at the entrance to Parliament House at 10.45am on Dec 11, 2007.

He was sentenced to six months jail and a fine of RM3,000, but was granted a stay of execution pending his appeal to the High Court.

In June 2010, the High Court maintained his conviction, but reduced his sentence to only a fine of RM2,000 to avoid Tian Chua losing his seat, which would have resulted in a by-election then.

According to Article 48 of the Federal Constitution, a lawmaker will be disqualified only if he or she is sentenced to not less than one year jail or fined not less than RM2,000 and had not received a pardon.

However, the High Court's ruling still caused confusion over Tian Chua's status as to whether he remained as MP or not, as veteran lawyers took on differing interpretations on the law.

Parliament Speaker Tan Sri Pandikar Amin Mulia announced a few days later that Tian Chua would remain MP for Batu until a motion was passed in the Dewan Rakyat to disqualify him.

More in The Star on Tuesday

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PWD: Hulu Langat orphanage area categorised as unsafe

Posted: 23 May 2011 04:16 AM PDT

*PWD says three days of heavy rain and tree-cutting had weakened the soil causing the landslide.

*PWD has asked the local authority to monitor the housing areas around here as they are also exposed to the same risk

KUALA LUMPUR: The Hulu Langat orphanage area hit by a landslide has been categorised as unsafe.

"There is still some soil movement here and rain can cause another landslide, so we've categorised this area as unsafe," said Public Works Department's (PWD) Hillslope Engineering senior director Datuk Ir Ashaari Mohamad.

He said that unusually heavy rain over three days and tree-cutting had weakened the soil structure, resulting in the landslide that hit the Hidayah Madrasah Al-Taqwa Orphanage in Hulu Langat and claiming 16 lives last Saturday.

He said that there had been 29mm of rainfall last Thursday, 41mm on Friday, rising sharply to 80mm on Saturday (day of landslide) in the area.

"The amount of rainfall on that day was extraordinary because the normal level is around 20mm. With such heavy rain, a lot of water would seep into the soil, causing the structure to be weak and prone to a landslide."

He said this when briefing the Sultan of Selangor, Sultan Sharafuddin Idris Shah, on the devastating landslide before the Sultan handed over contributions from the Selangor Islamic Religious Council (MUIS), Selangor Zakat Board (SZB) and the state government for the victims and their families.

Ashaari said that PWD inspected the landslide site and hilltop area close by and noticed water channels on the hill slope in the direction of the landslide site, while the cutting of trees in the area had also contributed to the problem during a downpour.

He said that based on information received, the orphanage was also too close; only about seven metres away from the hillslope of 25 metres to 30 metres high.

"We estimate that about 3,500 cubic metres or 600 lorry loads of soil had slipped and hit the orphanage, leaving a mound of loose soil of about four metres high and 54m wide."

Ashaari said the hill slope near the orphanage had also been cut, causing further soil instability.

"Today, we want to closely examine the soil condition in the area and see how we can improve the soil structure.

"We are also asking the local authority to monitor the housing areas around here as they are also exposed to the same risk," he added.

From the contribution of RM217,000 from MUIS and SZB, each family or beneficiary of the 16 landslide victims who died received RM5,000 while the survivors received RM1,000 each, and the orphanage, RM100,000.

The Selangor government also gave RM5,000 to each of the beneficiaries. - Bernama

Related Stories:
Families bury landslide victims
Ministry to give financial aid and counselling
Orphanage built without approval
Landslide: Negligence may have been a factor, police say
Rescuers mount round-the-clock effort to find missing three
Landslide: Remains of 16th victim recovered
Killer landslide hits Hulu Langat orphanage
Landslide: Search to continue despite darkness and rain, says DIGP

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Subsidy rationalisation to be announced this week: Ismail Sabri

Posted: 23 May 2011 04:03 AM PDT

KUALA LUMPUR: The government is expected to announce this week, subsidy rationalisation measures, including streamlining petroleum prices.

Domestic Trade, Cooperatives and Consumerism Minister Datuk Seri Ismail Sabri Yaakob said the government, however, would come out with the most suitable formula in order to lessen the people's burden.

"Wait (for the announcement) within this one week....we will decide whether to continue with the petrol, diesel and gas subsidies, considering the amount of subsidies being borne by the government having risen from RM8bil to RM18bil a year," he said when asked to comment on speculations that the government would be reviewing petroleum product prices including for RON95.

Ismail Sabri said the governmet felt that the huge amount spent on subsidies should instead go to financing projects that would benefit the people more like poverty-eradication programmes and building homes for the people.

Earlier, he had launched the three-day Federal Territory Cooperatives Carnival 2011 held at Medan Tuanku, Jalan Tuanku Abdul Rahman, here, Monday.

The price of RON95 petrol is now RM1.90 per litre compared to that for RON97 which has increased to RM2.90 per litre after the price floatation.

On May 16, Deputy Prime Minister Tan Sri Muhyiddin Yassin reportedly said that the amount of subsidies to be borne by the government this year would balloon to RM20.58bil from RM10.3bil last year due to the rise in world crude oil price. - Bernama

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