bin Abdullah

PUTRAJAYA, Feb 13 ― The Federal Court today in a majority ruling ordered for the government to remove the words “bin Abdullah” from a Johor-born illegitimate Muslim child’s name from his birth certificate, but also reversed a previous ruling that allowed the father’s name to be part of the boy’s name. – MMO

Timeline_BinAbdullahCase_13feb2020_graphix

An error of judgment?

By Salleh Buang
NST January 10, 2020 @ 12:00am

AS I was about to leave my office in Alor Star on Wednesday, I received a call from a journalist who wanted to know if a conversation between two individuals (A and B) on the phone could be recorded by one of them (B).

My response: yes, if A consents. Alternatively, if there is a court order allowing B to do so. That important rule is grounded on the law of privacy, which is a recognised human right.

In 2010, the Federal Court said in Sivarasa v Badan Peguam Malaysia & Anor that the right to personal liberty includes the “right to privacy”.

The journalist asked whether enforcement authorities (such as the Malaysian Anti-Corruption Commission and police) could listen in and record (wire-tap) private conversations of the public.

I said yes, if there is a court order or if there is a law allowing them to do so.

As a general rule, if evidence is gathered illegally or improperly by the authorities, they would ultimately face a problem when adducing such evidence in court later. The court may rule that the evidence so acquired is inadmissible. Even if the court admits it, there is always the question of how much weight can the court give to such evidence.

Having said that, Wednesday’s disclosure of the audio recordings by MACC surprised me and many of my colleagues. We are puzzled why MACC finds it necessary to make public the present status of its investigations into an ongoing court case. Is it not more prudent to keep secret what and who is currently the subject of its investigation? If MACC intended to build a new case, should it not be kept under wraps first, until all the evidence has been gathered?

Media reports yesterday quoted MACC Chief Commissioner Latheefa Koya that the contents of the recorded conversations were “shocking, sordid and very disturbing”.

When asked whether the disclosure would have any impact on the criminal proceedings against former prime minister Datuk Seri Najib Razak, she said that it was a matter of public interest and involved national security.

She said serious issues had risen from the alleged conversation, including “abuse of power, criminal conspiracy, obstruction of justice, compromising national security, fabrication of false evidence through foreign assistance and connivance”.

I beg to differ. As I see it, the audio recordings raised several questions, such as, who recorded them? Was it an individual acting on his own, or a government official acting under orders? If they were done by a government official, were they made after obtaining a court order, or were they authorised by the public prosecutor? Will these recordings be tendered in court as evidence?

It’s true that law enforcement officers in Malaysia are empowered under several provisions of the law to wiretap conversations of “suspects” pursuant to a criminal investigation. The provisions are provided for under Section 116C of the Criminal Procedure Code (CPC), Section 27A of the Dangerous Drugs Act 1952, section 11 of the Kidnapping Act 1961, Section 43 of the MACC Act 2009, and Section 6 of the Security Offences (Special Measures) Act 2012.

However, it should be mentioned that under section 116C of the CPC, the authority for the police to wiretap a conversation must first be given by the public prosecutor “if he considers it likely to contain any information relating to the commission of an offence”.

Such antecedent permission in the instant audio recording of the alleged conversations is highly unlikely, although I could be wrong.

The disclosure by MACC, I believe, is an error of judgment, especially at a time when the case is ongoing. It may even be subjudice. It would not be a surprise if the person allegedly involved in the conversation in the recording initiated subjudice and contempt proceedings against MACC.

  • The views expressed in this article are the author’s own and do not necessarily reflect those of the New Straits Times

ASIAN SINGLES

Terengganu man advertises himself with banners in hopes of finding a wife

MMO KUALA LUMPUR, Jan 10 — Noor Aziro bin Abdullah from Marang, Terengganu, has turned more than a few heads after resorting to putting up a couple of banners advertising himself in his search for a wife.

Aziro said that he had put up two banners in Dungun, Terengganu — one in town, and the other at Pantai Teluk Bidara.

The 35-year-old confessed that he has given up searching for a wife through social media because of too much competition and choices that he had to face.

“So I decided to put up a banner of myself, hoping that anyone from the nearby villages would be interested,” he told Malay Mail.

To his surprise, Aziro received numerous calls from strangers asking for the validity of the banner that he put up.

“I’ve received calls from Kedah, KL, Selangor and even Kuantan.

“There’s even a caller from Penang complimenting me about my method of finding a wife and the originality of the idea,” he added.

Aziro has not told any of his family members of his search, and remains hopeful that somebody will be interested in him, saying that he prayed for the best.

Earlier this afternoon, a photo of Aziro’s banner uploaded on Twitter via user @lati0s had caught the attention of social media users.

 

Cat & Owners

Cancer-stricken woman sues her cat’s new owner for not sleeping with it

Postmedia News (Jan 3) A New York woman with breast cancer, who put her cat up for adoption, is now suing its new owner to get it back for not letting it sleep in the bed, according to the New York Post.

Carol Money, 73, of Brewerton, N.Y., got her cat Lacie as a kitten back in 2009, the paper reported. However, due to her illness, Money decided she needed someone else to take care of the feline.

Money reportedly told Danette Romano, of Syracuse, N.Y., who bought the Norwegian Forest cat from her for US$65 in 2018, that she was putting it up for adoption because of the “distress” the cat experienced from not being able to sleep with her.

In a lawsuit filed in Onondaga Supreme Court in November, Money claimed Romano misled her into thinking the cat would be able to sleep in the bed with its owners, the Post reported.

“(Romano) knew that she would not let Lacie sleep with her at night and purposefully withheld this information from (Money) in order to induce Plaintiff into letting her adopt Lacie,” the complaint reportedly said.

Romano’s husband allegedly admitted to Money about the sleeping arrangements and that spurred Money to call, text and email the woman multiple times about the matter, the court papers said. Money also went over to Romano’s house on Dec. 20, 2018, but the cops were called on her for harassment. She later received a cease-and-desist letter.

Money is suing for multiple claims, including breach of contract, and is seeking unspecified damages.

She also wants Lacie back.

MERRY CHRISTMAS!

Bearded man robs bank, gifts money, then yells ‘Merry Christmas’

BBC (Dec 24) A white-bearded man robbed a bank two days before Christmas then threw the money in the air and enthusiastically wished passers-by a merry Christmas, witnesses have said.

Police said “an older white male” robbed the Academy Bank in Colorado Springs on Monday lunchtime.

“He robbed the bank, came out, threw the money all over the place,” witness Dion Pascale told Colorado’s 11 News.

“He started throwing money out of the bag and then said, ‘Merry Christmas!'”

Witnesses said the hirsute suspect then wandered over to a nearby Starbucks coffee shop, sat down in front of it, and waited to be arrested.

In a particularly festive gesture, the passers-by are reported to have scooped up all the money from the street and taken it back inside the bank.

Colorado Springs police named the suspect as David Wayne Oliver, 65. He is not believed to have had any little helpers.

Shocking News

Car falls into sinkhole in Jalan Maharajalela

CARSINKHOLE

Twitter pix courtesy of Typical Malaysian

25 NOV 2019 KUALA LUMPUR: A car driven by a woman fell into a sinkhole at Jalan Maharajalela heading towards Jalan Loke Yew here last night.

Kuala Lumpur Traffic Enforcement and Investigation head ACP Zulkefly Yahya said in the incident at about 11.35pm, the victim who was driving a Perodua Myvi found the ground at the location had collapsed causing the car to fall into the giant hole.

According to him, initial investigations found a three square metre hole at the scene.

“The 42-year-old victim was however unhurt,” he said in a statement today.

Zulkefly said the operation to restore the site had been carried out by Kuala Lumpur City Hall this morning. — Bernama


‘The ducks have won’: French court says they may keep on quacking

duckquack

Nov. 19 DAX, France (Reuters) – The ducks on a small French smallholding may carry on quacking, a French court ruled on Tuesday, rejecting a neighbor’s complaint that the birds’ racket was making their life a misery.

The court in the town of Dax ruled that the noise from the flock of around 60 ducks and geese kept by retired farmer Dominique Douthe in the foothills of the Pyrenees, southwestern France, was within acceptable limits, broadcaster France 3 said.

“The ducks have won,” Douthe told Reuters after the court decision. “I’m very happy because I didn’t want to slaughter my ducks.”

The complaint was brought by Douthe’s neighbor who moved from the city around a year ago into a property about 50 meters (yards) away from the enclosure in the Soustons district where Douthe keeps her flock.

The dispute is the latest in a series of court cases that have pitted the traditional way of life in rural France against modern values which, country-dwellers say, are creeping in from the city.

In a court ruling in September, a rooster named Maurice was allowed to continue his dawn crowing, despite complaints from neighbors who had also moved in from the city.

The neighbor in Soustons, about 700 km (430 miles) south-west of Paris, who filed the complaint about the quacking has not been publicly identified.

The neighbor’s lawyer said the noise exceeded permissible levels, and prevented the plaintiff enjoying their garden or sleeping with their house windows open.

The neighbor had asked for immediate steps to reduce the noise, and for 3,500 euros in damages, according to French media reports.


Dubai bar offering women free drinks based on their weight

Nov. 18 (UPI) — A Dubai bar is drawing in female customers with an unusual promotion — the more they weigh, the more free drinks they receive.

The Fusion Club at Cassells Al Barsha Hotel announced it will be running a special through the end of the year offering $0.12 in free drink credit for every pound a female customer weighs — meaning a woman weighing 150 pounds would receive about $18.50 worth of free drinks.

Bar managers said there is a scale available in the bar, but customers can also use the honor system to merely tell their weight to bartenders.

“Although we have a weighing machine at the bar entrance, we do not insist our guests to verify the weight,” Anil Kumar, the hotel’s food and beverage manager, told Insider.

“We believe in the magnanimity of our lady guests,” he said. “They can just write the weight on a paper and give it to the bartender discreetly, and enjoy drinks equal to the value they wrote on the paper. Very simple, no strings attached.”

The promotion’s motto is, “It’s good to gain weight.”