Karpal Singh

Re:      Notice of demand in relation to the libellous statements made against Y.B. Karpal Singh, Member of Parliament for Bukit Gelugor, and Chairman of the Democratic Action Party, in the article under the heading “ DAP diingati jangan bakar perasaan Melayu” in the edition of Utusan Malaysia dated 25.08.2008, at page 2.

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We refer to the above whereby we act for Y.B. Karpal Singh, MP for Bukit Gelugor and Chairman of the Democratic Action Party, a component party of the Pakatan Rakyat, who has handed us a copy of your newspaper dated 25.08.2008 which carries the following libellous words in the article under the heading “DAP diingati jangan bakar perasaan Melayu”:-

“Pengerusi DAP Karpal Singh ketika berucap pada perasmian Kongres Kebangsaan DAP ke 15 semalam menolak Islam sebagai agama rasmi Negara…”

(hereinafter referred to as the said words complained of)

We are instructed to state that the said words complained of are false and have no truth or basis whatsoever and are highly malicious in nature. Our client has not at any time whatsoever uttered the said words complained of.

As a result of the said words complained of being published, especially on the eve of the polling day of the Permatang Pauh by-election, our client has been made to suffer serious public odium, contempt and ridicule, and has as a consequence suffered serious loss and damages.

In view of the highly defamatory nature of the said words complained of, we write to you to unconditionally retract the said word complained of and apologise to our client in your edition of the Utusan Malaysia tomorrow, (26.08.2008).

Kindly note that the said retraction and apology must be published in a prominent part of the front page of your edition of the Utusan Malaysia tomorrow, (26.08.2008), failing which we have firm instructions to commence legal proceedings against your newspaper for, inter alia, damages and an apology without any further reference to you.

Kindly note our demand to you to retract and apologise is without prejudice to our rights to commence legal proceedings against you in respect of the above.

It would be in your interests to retract and apologise immediately so as to mitigate the damages which will be ultimately ordered against you.

Yours faithfully,

KARPAL SINGH & CO.

PRESS STATEMENT

Malaysia should not suffer from a phobia over criticism by the United States of America with regard to the charge of sodomy against Datuk Seri Anwar Ibrahim. The Prime Minister, Datuk Seri Abdullah Ahmad Badawi, stated yesterday that as a sovereign nation with its own laws, Malaysia will make every effort to ensure justice and consistency in the application of such laws.

Various quarters in the country have criticised the US Secretary of State, Condoleeza Rice, who had in Singapore called on Malaysia to be transparent and abide strictly by the law in the investigations against Anwar Ibrahim. Rice reiterated that her government would continue to speak up on legal cases with a political aspect including that involving Anwar Ibrahim despite being accused of meddling. The US Embassy in Kuala Lumpur in a statement yesterday said Washington’s concern was “the fair and transparent application of the rule of law”.

The concern by other countries, including Malaysia, over the application of the rule of law in other countries is necessary and understandable. No country can deem itself to be beyond criticism when the rule of law is defied and rendered ineffective and impotent.

Malaysia has not spared the US from criticism of the application of its laws on its citizens, particularly, in relation to high-handed action by the law enforcement authorities against the blacks. To surmount it all, Malaysia has not spared the US by openly criticising the US over the treatment of prisoners in Guantanamo Bay who had been denied the basic rudiments of the rule of law. Malaysia has also openly criticised the treatment of Palestinians at the hands of Israel. During the Mahathir regime, Malaysia is on record to have openly interfered by criticising the treatment of Bosnian Muslims by the Serbs. It is difficult, therefore, to reconcile these actions with the recent statements by the US that Anwar Ibrahim was being unfairly investigated for alleged sodomy. If Malaysia has a legal system which is beyond reproach and which maintains the rule of law, then why was there a necessity for more than 90 envoys in Malaysia to be addressed by Home Minister Datuk Seri Syed Hamid Albar in Putrajaya with a view to convincing them that Anwar Ibrahim was being fairly investigated and would be given a fair trial? One is able to objectively consider the position from afar instead of those directly involved in a cocoon of their own and being subjected to subjectivity.

In my view, any country which criticises another in relation to the application of the rule of law, particularly in view of globalization, should not be deemed to be meddling in the domestic affairs of that county. Checks and balances are necessary to ensure that the rule of law is practiced in substance and spirit. Each country, therefore, is able to provide that check and balance by criticising the application of the rule of law in another. Malaysia should have confidence in its own legal system. It should not be apologetic by ensuring envoys in the country that Anwar Ibrahim will receive a fair trial. In fact, summoning of the envoys by the government in Putrajaya clearly reflects absence of confidence in our own legal system.

Dated this 26^th day of July 2008

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 YB KARPAL SINGH

PRESS STATEMENT

 Former Penang Chief Minister, Tan Sri Dr. Koh Tsu Koon, should take the defeat of the Gerakan-led state government in the recent general elections in his stride. Issuing statements through minor Gerakan officials in the form of his former political secretary, Mark Ooi Swee Hing, that the RM1.2billion investment by Japan’s Ibiden Co Ltd and RM115million by Honeywell of the United States were the result of Dr. Koh’s efforts over two years, and that Chief Minister Lim Guan Eng should not claim credit for those investments, does not speak well of Dr. Koh’s maturity.

Whatever Dr.Koh may have done in respect of these foreign direct investments in Penang, it should also dawn on Dr.Koh that Chief Minister Lim Guan Eng has inherited more negative points then plus points in having stepped into the shoes of Dr. Koh. In so doing, Lim Guan Eng has inherited an essentially corrupt and scandal-riddled former state government.

The PGCC project, and a host of other projects, which were not viable, are now to be addressed by Lim Guan Eng.

I would advise Dr. Koh to cease and desist from further interfering in the affairs of the state government, which should be left to engineer towards its own destiny. That is the prerogative the people in Penang have given Lim Guan Eng.

It is common knowledge that Dr. Koh, unlike his predecessor, Tun Dr. Lim Chong Eu, operated at the mercy of UMNO. He was not strong enough to resist the unreasonable demands, both economical and political, from UMNO, which having more seats than the Gerakan during Dr. Koh’s tenure of office as Chief Minister, called the shots. Dr. Koh was a mere puppet. He did not have the guts to stand up to UMNO.

In fact, UMNO members openly demonstrated with humiliating placards against Dr. Koh in 2006 in the presence of Prime Minister, Datuk Seri Abdullah Ahmad Badawi, when he came to Penang to open the UMNO Tanjung divisional meeting. It was Lim Guan Eng who came to his rescue by criticising the manner in which Dr. Koh had been humiliated. Perhaps, humiliation was no stranger to Dr. Koh, when it came to demands by UMNO for prized projects at Exco meetings. However, to have been publicly humiliated, which brought Dr. Koh into public odium, ought to have been the last straw and Dr. Koh should have stepped down as Chief Minister if he had any  honour  or  pride. He  did  not  do  so. The  people  of  Penang, had to make him do so, by throwing him out of office in the general election in March.

Dr. Koh should face reality. His days of pomp and splendour as Penang Chief Minister, have come and gone. He should seek solace in honorable retirement and ride into the sunset in grace and dignity. 

Dated this 31^st day of May, 2008