New toll rates may be deffered

KUALA LUMPUR: A toll increase announced yesterday by the Works Minister for five major highways may be put on hold following a public outcry and the Prime Minister also calling for a review.

Datuk Seri Mohd Zin Mohammed had earlier revealed that toll for PLUS’ North-South Expressway (NSE), Sprint Highway, Ampang-Kuala Lumpur Elevated Highway (Akleh), Sungai Besi Highway (Besraya) and the New Pantai Expressway (NPE) would be raised simultaneously from Sunday.

The increase for the NSE will be 5%, or 0.68sen per km. For the other highways, the increase ranges from 10 sen to 50 sen.

The increase will affect all classes of vehicles, the exception being buses on the Sungai Besi Highway.

Reacting to the announcement from Pattaya, Thailand, Datuk Seri Abdullah Ahmad Badawi called for a review of the decision, which he said was made two or three weeks ago.

He said the Cabinet would meet today to discuss other ways to compensate the toll concessionnaires.

Under the new rates announced, the toll for the 734km NSE journey from Bukit Kayu Hitam (Kedah) in the north to Kempas (Johor) in the south will be adjusted to RM113.40, up from RM108, while a trip from Kuala Lumpur to Ipoh will be in­­creased from RM26.50 to RM27.90.

Mohd Zin described the rates as minimal and hoped that the people would understand that the increases were stipulated in the concession agreements the Government had signed.

“The increase was actually due in January last year but we have postponed it until now. This means the Government has been paying compensation for 14 months,’’ he told a press conference at the Works Ministry yesterday.

Mohd Zin said the compensation amounted to RM277mil with RM177mil going to PLUS, RM38mil to Sprint and RM30mil to AKLEH.

Malaysian Highway Authority director-general Datuk Mohammed Razali Othman, who was present, said some of the concessionnaires got full increases while some only half, as outlined in the concession agreements.

“Any shortfall will be compensated by the Government,” he said.

The announcement to increase the rates comes after the Salak Jaya toll (south-bound) was abolished on Tuesday and the toll at PJS2 (Kuala Lumpur-bound) of the New Pantai Expressway was done away with on Feb 13.

Mohd Zin said the toll increase should not be politicised, stressing that it was a contractual obligation on the Government’s part. (TheStar)

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PR gives two days ultimatum to Zambryto dissolve Perak SA

KUALA LUMPUR : Taiping MP Nga Kor Ming said today Perak state assembly Speaker V. Sivakumar will call for special assembly meeting if Barisan Nasional (BN) Mentri Besar Datuk Dr Zambry Abdul Kadir refuses to call for the dissolution of the state assembly within two days.

Datuk Dr Zambry AbdulKadir At a press conference in the parliament lobby today, Nga said Sivakumar had written to Perak Sultan, Sultan Azlan Shah last week requesting His Royal Highness' consent to convent a special assembly meeting.

"According to an opinion poll of Perakians, more than 80% of the voters wish for the assembly to be dissolved to pave way for a fresh elections.

"I urge Zambry to respect democratic system and call for the dissolution of the assembly as this is the only way to end the constitutional crisis in the state," he said.

Nga, who was an executive councillor of the Pakatan Rakyat (PR) government before the state government fell to the BN, said if Zambry has fails to do so, the PR would move a motion to stop the BN government which is deemed illegal, from using the state money.

"We feel sad for such development because if the state fund cannot be used, the administration of the state government will be affected, so the only (to prevent this) is to call for a fresh election," he added.

Nga also criticised the announcement by Zambry that his legal team was seeking advice from a Queen’s Counsel, on the state crisis.

He descrined Zambry's act to seek opinion from former colonial master – the United Kingdom which ruled the state from 1874 to 1957, as being akin to "a baby crying for his mother although the baby is now almost 52 years old".

Sivakumar"It also shows that Perak Umno does not truly understand that Malaysian constitutional law should be interpreted by Malaysians.

"It does not understand that Malaysia is an independent country and that the best solution is here within the country .... and it is in the ballot box, said Nga who quoted then Raja Azlan Shah (Sultan Azlan Shah now) as saying: ‘Those who find fault with the wisdom of the Act… normally must address themselves to the legislature… they have their remedy at the ballot box."

Nga said the PR government under MB Datuk Seri Mohd Nizar Jamaluddin is confident that there are enough Commonwealth and local case laws which will vindicate the action of the PR to protect and defend the rights of Perakians under the doctrine of constitutional supremacy.
"It is shameful to go back to Ye olde England for help when the answer is at our doorstep," he said.

On Sunday, Mohd Nizar had announced that the PR is planning to move a motion of no confidence against the BN government and a motion to dissolve the assembly in the coming assembly meeting. (TheSun)

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DrM mocks BN over Perak Deadlock

KUALA LUMPUR, – Tun Dr Mahathir Mohamad has ridiculed Umno president Datuk Seri Abdullah Badawi for asking Datuk Zambry Abdul Kadir to lodge a police report against the Perak State Assembly Speaker.

Writing in his popular chedet.cc blog, he said that while it was possible for the Speaker to commit a crime, “the suspension of any assemblyman is not a crime which the police can take action against.”

Known for his acerbic criticism, the former prime minister has been a thorn in Abdullah’s side in recent years.

But in previous remarks, he has also expressed his disapproval over Barisan’s move to court the defections of the two former PKR Perak assemblymen – Osman Jailu and Jamaludin Mohd Radzi.

The resignation from PKR of the two men and their backing for Barisan Nasional (BN) sparked the downfall of the Pakatan Rakyat (PR) Perak government but it has also drawn criticism because the two men are facing graft charges in court.

In his latest blog post, Dr Mahathir poured scorn on Abdullah’s suggestion for Zambry to lodge a police report against Speaker V Sivakumar over the suspension of the Perak MB and his entire state executive council.

“If the decision of the Speaker can be considered a crime, then what will happen when the Parliamentary Speaker suspends opposition members for whatever reasons?

“And this happens frequently. Will opposition members lodge police reports? If they can, then can we consider the police to have powers over the Parliamentary Speaker?”

The former PM also commented on Zambry’s statement that he would attend the state assembly sitting despite the suspension.

He said that under the legislature’s standing orders, the Speaker can direct officers of the assembly to remove Zambry.

“Also, where will Zambry sit? What if Datuk Seri Nizar Jamaluddin sits in the mentri besar’s chair? Will the Speaker ask his officers to force Nizar to vacate the chair?

“Let us all as citizens watch what happens next.” (TMI)

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Oil slumps below USD34 per barrel

HOUSTON: A new batch of lousy economic news dragged oil prices down nearly 7 percent Tuesday, as signs from across the globe pointed to a prolonged and painful recession.

Light, sweet crude for March delivery fell $2.58 to settle at $34.93 a barrel on the New York Mercantile Exchange.

A number of other commodities fell hard too as people sought less volatile investments.

"The recession is getting worse in their eyes," said Phil Flynn, an analyst at Alaron Trading Corp.

"We've gone from a year when we didn't think we were going to have enough of any commodity to a situation where we're going to end the year with oversupply."

Energy analysts at Raymond James & Associates said broader market concerns are depressing crude prices, even as President Barack Obama prepared to sign into law the $787 billion stimulus package Tuesday.

"The market doesn't seem to think that this plan is going to solve the economic problems in the short term," Raymond James said in a note to clients Tuesday.

Stocks took a nosedive in trading Tuesday, as Wall Street reacted to unsettling news from the automotive and retail fronts, as well as slumping markets from Asia to Europe.

General Motors Corp. and Chrysler LLC were racing to finish restructuring plans to present to the federal government, but it appeared both may miss Tuesday's deadline.

The plans are supposed to outline how the automakers intend to again become viable and repay billions of dollars of government loans.

Wal-Mart Stores Inc. said Tuesday its fourth-quarter profit fell 7.4 percent.

While results adjusted to account for a labor settlement beat Wall Street forecasts, the world's largest retailer said it might fall short of expectations for the first quarter of this year.

And new data from the Federal Reserve Bank of New York showed weakening manufacturing in the state.

The Empire State Manufacturing Survey hit a new low of negative 34.7. Economists polled by Thomson Reuters were projecting a reading of negative 22.2.

The report is the earliest of several monthly regional snapshots that investors look to for insights on manufacturing.

In afternoon trading, the Dow Jones industrial average dropped about 250 points to 7,600.

It fell as low as 7,553.48 in early trading - just a point away from the blue-chip index's five-and-a-half month closing low of 7,552.29 reached Nov. 20.

Poor economic data from Japan, the world's second-biggest economy, further discouraged investors.

It said Monday its economy shrank 3.3 percent in the fourth quarter from the previous quarter, the worst performance since 1974.

"The economic and inventory data paint a bleak picture for oil demand," said Victor Shum, an energy analyst at consultancy Purvin & Gertz in Singapore.

"Since the beginning of the year, the outlook has worsened."

Oil prices have become extraordinarily volatile because the March contract expires Friday.

That means anyone in possession of a contract must find a place to store the oil in a few weeks.

That has become more difficult each week, with U.S. crude storage hitting 82-week highs, yet some traders say there is no rational for the volatility of this market.

Crude prices fell another 11 percent last week and swung wildly throughout the trading day.

"A rise in volatility is normal, but that said, what we have witnessed over the last month (in the Nymex) market is not reasonable and it is not reflective of underlying fundamentals," wrote analyst and trader Stephen Schork.

"After all, the fundamentals cannot move that fast."

Leaders of the Organization of Petroleum Exporting Countries have said they may go beyond 4.2 million barrels a day in production cuts to prop up prices when they meet next month.

Hussain al-Shahristani, Iraq's oil minister, said Tuesday that current crude prices don't provide "sufficient incentives" for investors to put money into new projects.

That, he warned, could set the stage for a "big shortage" in world supply once the global economy recovers.

In other Nymex trading, gasoline futures tumbled 9.45 cents to settle at $1.1118 a gallon.

Heating oil fell 11.36 cents to settle at $1.1864 a gallon, while natural gas for March delivery slipped 24.9 cents to settle at $4.203 per 1,000 cubic feet.

In London, the March Brent contract fell $2.25 to settle at $41.03 on the ICE Futures exchange (TheStar)
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Nude pix controversy caused Eliz to resign

KUALA LUMPUR – Selangor executive councillor and Bukit Lanjan assemblywoman Elizabeth Wong broke down in tears as she announced her resignation from both posts today following the circulation of her nude photographs.

“I have received overwhelming support from family and my constituents but in the interest of my party, I have decided to offer my resignation as exco member and State Assemblyman for Bukit Lanjan,” she said while trying to contained her tears.

She said the event of the last two days have shown an insidious and underhanded attempt by certain quarters to smear her reputation.

“My personal life and privacy has been violated.”

However, Wong who was speaking at the PKR Headquarters in Tropicana here said that while the smear campaign was directed towards her, she was aware that the real objective was to discredit her party.

“I wish to state that I am not ashamed of my sexuality as a woman and as a single person. I have broken no law. I stand by the fundamental principle in a democracy that everyone has a right to privacy”

She said PKR stands for “New Politics” that holds justice and human rights as core values which transcends gender, ethnicity and class.

“New politics also means we rise above gutter politics.” she said

Wong said she believed the attacks will continue with greater intensity and did not have any doubt that UMNO and Barisan Nasional (BN) will continue to manipulate the situation.

Wong said she will arrange a proper handover of her responsibilities to Menteri Besar Tan Sri Khalid Ibrahim whom she thanked for his unwavering support.

Dozens of her supporters who attended the press conference carried banners, cards and flowers, urging her to reconsider.

Her fellow executive council members Teresa Kok and Xavier Jeyakumar also called on her not to resign during the press conference.

Kok said each council member has had to face this sort of personal attacks and this was Wong’s turn. “This can happen to anyone of us.”

PKR vice-president Sivarasa Rasiah said the move to discredit Wong was politically motivated and called on Malaysians to reject what he described as gutter politics.

He said he hopes the police will bring the culprits to task.

PKR Wanita chief Zuraidah Kamaruddin said the party will not let the matter rest and will pursue the culprits.

Meanwhile party sources told The Malaysian Insider that Wong fate is still being decided by the party leadership, who are considering whether to accept her resignation.

The human rights activist and environmentalist will be the third politician in recent history to quit posts due to such photographs or video. The first was then deputy speaker of parliament D.P. Vijandran in 1989 who quit after pornographic tapes featuring him surfaced. Last year, Health Minister Datuk Seri Chua Soi Lek resigned on New Year’s Day under similar circumstances.


If her resignation is accepted, it will lead to a by-election in Bukit Lanjan.

The Election Commission has already fixed April 7 for by-elections in the Bukit Gantang parliamentary seat in Perak and Bukit Selambau state seat in Kedah. The nomination day for both is March 29. (TMI)

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RPK prepares for the worst

PUTRAJAYA, – The Federal Court will deliver its verdict today on whether Malaysia’s most well-known and controversial blogger Raja Petra Kamaruddin should be detained under the Internal Security Act (ISA).

The court is to decide on a government appeal against the Shah Alam High Court decision last Nov 7 to free the Malaysia Today news portal editor from detention without trial.

“Chances are, I have but 24 hours left as a free man and, if I do not write this article today, I never will,” Raja Petra wrote in his news portal while speculating on the court’s decision.

The blogger popularly known as RPK said he felt his chances were sealed due to a small quorum of three judges and the government’s determination to lock him away.

“Anyway, I know for a fact that it was not Prime Minister Abdullah Ahmad Badawi who ordered my detention. He was not even aware I had been detained. The order came from Deputy Prime Minister Najib Tun Razak and since I am bent on making sure he never becomes Prime Minister on 1 April 2009, I really do not blame him for wanting to get me out of the way,” he wrote defiantly.

He also disclosed that he had been offered money to shut up but had refused.

“I was given an option. Take the money and become rich or go to jail. I refused the money and instead chose jail. This is my choice and no one can convince me to do otherwise.”

RPK, who also faces criminal defamation charges for linking Najib and his wife Datin Seri Rosmah Mansor to the murder of Mongolian model Altantuya Shaariibuu, said he was prepared to go to the Kamunting Detention Centre but vowed not to cooperate with authorities.

“I shall no longer open my mouth or utter one word during my detention. I shall maintain the silence of a mute person. I shall not sign any documents of the so many documents that they make you sign when under detention. My signature is not going to be placed on a single shred of paper,” he declared.

The member of Selangor royalty also vowed to refuse medical treatment, visits, food and water in the detention centre.

“This action will mean I shall survive at the most seven to eight days. By the end of that period I shall be dead. I am prepared for that. They plan to imprison my body for the rest of my life.

“But I shall release my spirit from my body and will again be free. They can keep my body and they can do whatever they want with it. But they will never be able to keep my spirit. I shall separate my spirit from my body and deny them the pleasure of incarcerating me,” Raja Petra wrote.

But, although he was prepared for the worst, he also held out hope that the Federal Court would uphold the decision to free him from ISA. (TMI)

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Guan Eng blames Chedet for Karpal uproar - Malaysiakini

GEORGE TOWN: DAP secretary-general Lim Guan Eng has blamed former Prime Minister Tun Dr Mahathir Mohamad for the uproar over Karpal Singh’s plan to sue the Sultan of Perak.

He said Karpal Singh, who is DAP chairman, was merely stating a matter of law that the Sultan could be taken to court.

Lim said it was Dr Mahathir who was behind the 1993 constitutional amendment that allowed Rulers to be stripped of their immunity from prosecution.

“If we look at history, the person who made this law is from Umno. If you want to place blame, then blame the Umno person who is responsible for the deed,” he told reporters before receiving a courtesy call from the Penang Bar Committee at his office in Komtar yesterday.

In Petaling Jaya, Karpal Singh said there was no legal basis to banish him from Perak.

“I firmly stand by my opinion that the Sultan of Perak can be sued in court in his official capacity for having dismissed the Pakatan state government,” he said in a statement.

He said under the Banishment Act, 1959 (Act 79), he could not be banished from any states in the Federation of Malaysia because it is an Act relating to the banishment and expulsion from Malaysia of persons other than citizens. (TheStar)

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Majority of Perakians reject BN - Survey - Malaysiakini

IPOH— If the Barisan Nasional and the Perak royal household had any lingering doubts about negative public sentiment towards the change of the state government, here is a message: doubt no more.

A survey of registered voters in Perak on Feb 8 showed that:

• 74 per cent of the respondents feel that the state assembly should have been dissolved after the defection of the three Pakatan Rakyat lawmakers

• 76 per cent of the respondents felt that the "people, through elections, should decide on who forms the government"

• 62 per cent of the respondents felt that the "role of the palace in this decision" means it does not recognise the will of the people

• 66 per cent of the respondents do not accept state governments formed through the defection of state assemblymen

• 59 per cent of the respondents feel that the political crisis in Perak would decrease support for Barisan Nasional.

Taken together, the poll by the Merdeka Centre suggests that Datuk Dr Zambry Abdul Kadir and the BN may occupy the seat of government but a significant number of Perakians may not accept their legitimacy to hold power.

The political crisis unfolded in Perak when three Pakatan Rakyat legislators became independents and said that they would back the BN.

This wiped away the three-seat majority which enabled Pakatan Rakyat to rule the state since March last year.

After interviewing the three and the 28 BN representatives, Sultan Azlan Shah decided that BN had the majority in the state assembly. This was a controversial decision given that Datuk Seri Nizar Jamaluddin and Pakatan Rakyat felt that the correct decision should have been for the Ruler to allow for the state assembly to be dissolved for fresh elections.

There is a roiling debate even among lawyers on the Sultan's decision, with the majority saying that he should have either agreed to the dissolution of the House or held off making any decision until a vote of no confidence against Nizar was taken in the assembly.

The survey findings indicate that many Perak voters also feel that the Ruler may have erred.

Some 507 registered voters were interviewed by telephone and the sampling was done randomly. The margin of error was about 4.5 per cent. (TMI)


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Raja Petra applies to disqualify Justice Paul

PUTRAJAYA: Blogger Raja Petra Raja Kamarudin has applied to the Federal Court to recuse Justice S. Augustine Paul from hearing the cross-appeal over his habeas corpus application.

His lead counsel Malik Imtiaz Sarwar said he had received instructions from his client yesterday to seek recusal of Justice Paul on two grounds.

Malik said Raja Petra was critical of Justice Paul when the judge handled the Datuk Seri Anwar Ibrahim corruption trial at High Court.

“Raja Petra had written about Justice Paul in the Internet. I have to show this court the concerned articles,” he told a three-man panel led by Federal Court judge Justice Nik Hashim Nik Ab Rahman.

Besides that, Malik said Justice Paul had also dismissed a habeas corpus application for Raja Petra in 2001 when he was earlier detained under the Internal Security Act (ISA) on grounds the online news portal editor was a threat to national security.

“Justice Paul had already formed a view against my client,” he said.

“It was later appealed to the Federal Court but my client had already been released,“ he added.

Malik said he was prepared to file his documents by today and that he did not intend to delay justice.

Justice Nik Hashim, who sat together with Justices Paul and Zulkefli Ahmad Makinudin, said the Bench would reconsider the earlier ruling and ordered Malik to file a formal application by today.

The panel set Feb 17 to hear the application and cross-appeal. (TheStar)

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Beckam celebrate record breaking in despair as England lost to Spain

David Beckham entered the history books on a night England will otherwise remember for being put firmly in their place by Euro 2008 winners Spain.Beckham's introduction as a second-half substitute allowed him to equal Bobby Moore's record of 108 caps for an outfield player.But if the midfield maestro is to emulate Moore's World Cup win in South Africa next year, England now know they have plenty of work still to do as David Villa and Fernando Llorente condemned Fabio Capello to his second defeat in 11 games as Steve McClaren's successor.The evening was not without its encouraging aspects as Emile Heskey and Glen Johnson were among those who shone and Carlton Cole produced a late cameo.

But with Xavi a class above anyone else on the pitch, Spain were simply too good and too effective in too many areas for the visitors.Thankfully there was no hint of racist abuse from a capacity crowd, which meant they could fully concentrate on the action.England started brightly too. Had it been a competitive international they really would have had cause to grumble when Heskey was sent tumbling by former Manchester United man Gerard Pique on the edge of the area.Heskey thought it was a penalty.

At the very least it was a free-kick and a red card given the striker had rolled Pique perfectly to give himself a clear sight of goal.Instead, incorrectly, the offside flag went against him.It marked the start of an industrious display from the newly installed Aston Villa man.Partnered by club colleague Gabriel Agbonlahor, Heskey was a constant menace to the Spanish defence, which was missing the formidable presence of Carles Puyol.Heskey sent one header wide, as John Terry had done earlier, while wide pair Stewart Downing and Shaun Wright-Phillips both caused the hosts problems in their own unique way.

For long periods, it was an absorbing contest between two pretty decent teams, a label that certainly could not have been attached to England 12 months ago as they took their first tentative steps under Capello, trying to make up for the shattering disappointment of what had gone before.Indeed, as Capello felt it was the defeat to France in his second game that he felt England were a project with promise, he presumably was not too disheartened at eventually falling behind to the European Champions.

It has to be said, some of Spain's passing is fantastic and in Barcelona's Xavi they have one of the most stylish players on the planet right now.Fernando Torres and Marcos Senna both went close on a couple of occasions and Xabi Alonso threatened the England goal with a rising shot.As Terry and Johnson were throwing themselves wholeheartedly - and literally at times - at their opponents, England's 4,000-strong travelling army had every reason to cheer.How galling therefore that Spain's opener should have arisen from a pretty basic error from Phil Jagielka, making his first England start after Rio Ferdinand had pulled out with a stomach upset.It is difficult to assess precisely what Jagielka was trying to do when he rolled the ball purposefully away from his own penalty area.

The intention was presumably not to give it straight to Alonso in space. He quickly transferred possession to Villa, who only made things worse for Jagielka by skipping past his attempt to make amends, holding off Terry, then sliding a precise shot past David James.Five changes at half-time included Beckham's introduction for Downing, allowing a player whose career is littered with notable milestones to claim one of the most cherished.It was Xavi who put his stamp on the second half first though with a magnificent nutmeg of Terry which goaded the England skipper into bundling him over, completely and utterly outfoxed.

Torres departed the scene after 63 minutes, which should meet with Rafael Benitez's approval given the Merseyside title chasers are not in action again until February 23 when they entertain Manchester City.The introduction of Cole for a 15 minute debut was more notable, or at least it would have been had his first touch been directed goalwards instead of blazing Johnson's right-wing cross over.There should be no surprise Xavi should provide the free-kick that allowed Llorente to wrap up Spain's victory eight minutes from the end.

Cole still had time to threaten the home goal with a powerful surge that took him past Jose Reina, only for Pique to block the shot that followed, and a bad tempered ending, out of synch with the rest of the contest, saw Beckham booked.But Capello has plenty to reflect upon ahead of another friendly with Slovakia on March 28, followed by the key World Cup qualifier against the Ukraine at Wembley four days later. (ESPN)

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Brazil beat Italy 2-0 in friendly at Emirates

LONDON — Robinho and Elano scored for Brazil in a 2-0 victory over world champion Italy, which had two goals disallowed at Emirates Stadium yesterday.

Brazil's Lucio (right) and Italy's Giuseppe Rossi battle for the ball during their international friendly at the Emirates Stadium in London yesterday. — AP pic

Italy’s first loss under coach Marcello Lippi since 2004 denied him a world record 32nd successive match without defeat.

The two Manchester City players had the shortest journeys to London for this “derby of the world,” and gave the five-time World Cup winners a big head start in the first 27 minutes of the entertaining friendly.

The slick samba football beamed back home from Arsenal’s stadium should placate some of Dunga’s critics, who have branded his game dull after a string of disappointing results in World Cup qualifying.

“It was one of the best matches since I became manager,” Dunga said. “We didn’t have time to train a lot, but we talked a lot, watched videos and trained a lot on technical skills.

“This showed we have quality, but if we are a big team we have to be humble as well.”

For Italy, the match provided evidence of the size of the task facing Lippi ahead of next year’s World Cup.

“It’s clear they played technically better than us,” Lippi said through a translator. “They were very determined, very good players and that’s something I didn’t expect. We were a little bit intimidated and at the moment Brazil is stronger than us and their supremacy can’t be debated.

“We struggled and suffered. We aren’t used to losing, but we are rebuilding our team.”

Italy, which won a fourth World Cup under Lippi in 2006, should have led after four minutes. Fabio Grosso found the net after latching onto Andrea Pirlo’s through ball and was incorrectly judged to be offside by English referee Howard Webb.

Brazil went ahead after 16 minutes thanks to Elano, who hasn’t scored in the Premier League since August.

The attacking midfielder backheeled the ball to Robinho, who returned it to his City teammate to slot past Gianluigi Buffon.

A counterattack 11 minutes later saw captain Lucio race forward unchallenged before sliding a pass to Ronaldinho. While a wayward pass came from the AC Milan playmaker, who had been snubbed by Dunga for the previous three matches, Andrea Pirlo froze and fumbled the clearance, allowing forward Robinho to regain possession.

Robinho, the British record signing, dribbled past three blue shirts before unleashing a low shot past Buffon.

Italy came close again before the break, with Daniele de Rossi’s weak shot palmed over by Julio Cesar, and Alberto Gilardino slicing high.

Lippi, who complained about the match coming 48 hours after Serie A action, made four changes at halftime and the Italians looked more assertive and found the net for a second time in the 65th only to be denied again by Webb.

Luca Toni appeared to take Pirlo’s deep ball down with his hand before firing past Cesar.

In the last 10 minutes Cesar denied Toni with a point-blank save, and blocked Fabio Grosso’s free kick. — AP
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Sultan summon V.Arumugam to palace

ALOR STAR: Many people, including the Kedah Sultan, are looking for former Bukit Selambau assemblyman V. Arumugam who has gone missing since Feb 4.

The Kedah Sultan’s confidential secretary Datuk Wira Syed Unan Mashri Syed Abdullah said the Sultan had asked his office to summon Arumugam to the palace following speculation that the elected representative wanted to quit both the State Exco post and Bukit Selambau state seat.

“We were unable to contact him. However, we received Arumugam’s letter stating his intention to quit,” he said.

It is learnt that the Sultan wanted to hear from Arumugam if he had been coerced into making the decision to vacate the state seat.

Arumugam is believed to have flown to Chennai, India, on Monday night after purportedly signing the letter of resignation and a statutory declaration to vacate both the executive council and state assembly posts.

A middleman sent the letter and statutory declaration to Speaker Datuk Dr Abdul Isa Ismail at 5pm on Monday.

In the statutory declaration, Arumugam, who joined PKR after winning the seat in the March 8 general election, purportedly stated that he was quitting the posts because he was being harassed by Barisan Nasional members who wanted him to leave Pakatan Rakyat.

Arumugam’s disappearance has fuelled speculation that he was forced to vacate his Bukit Selambau state seat.

Kedah Mentri Besar Datuk Seri Azizan Abdul Razak was also unable to contact Arumugam.

However, Kedah Pakatan Rakyat chief Ahmad Kasim said Arumugam was on vacation overseas after his alleged scandal became public knowledge.

“He (Arumugam) is feeling stressed,” he said yesterday. Former Merbok PKR strategy director Zamil Ibrahim alleged that PKR de facto leader Datuk Seri Anwar Ibrahim was hiding Arumugam. Zamil, who introduced Arumugam to the political arena, resigned from PKR in August last year. (TheStar)

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Nizar still Perak MB - Ku Li : Malaysiakini

PETALING JAYA: Datuk Seri Mohammad Nizar Jamaluddin is still the Perak Mentri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the State Assembly, said Tengku Razaleigh Hamzah.

“Only the answer of the assembly counts, regardless how many sworn statements, defections, press conferences and declarations, or what forms of advertisement, display, inducement or force you bring to bear on the question,” he said in a statement yesterday.

“The Constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority,” he added.

He also said that a legitimate constitutional government draws all its authority from the consent of the people and only from that consent. The people consent because it is their government formed according to their constitution, whose leader is chosen through free and fair elections.

“To formally test the mandate of the current government, the question must either be put to the people through state elections, or to assemblymen through a formal vote in the Dewan,” said Tengku Razaleigh.

Article 16 of the Perak Constitution:

The Article states that if the Mentri Besar ceases to command the confidence of the majority of the members of the legislative assembly he shall tender the resignation of the executive council.

This is unless on the MB’s request, His Royal Highness dissolves the legislative assembly.

Article 33 (1) which says: If any question arises whether a member of the legislative assembly has become disqualified for membership, only the assembly could decide on the status of the assemblymen and not the Sultan of Perak.

He said to remove and install governments in any other way was to violate the Constitution, erode the rule of law and run the risk of forming an illegal government. (TheStar)

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Zambri sworn in as new Perak Menteri Besar

KUALA KANGSAR, — Datuk Dr Zambry Abdul Kadir was sworn-in as the new Perak menteri besar by Sultan Azlan Shah today, soon after police fired tear gas and charged at more than 5,000 Pakatan Rakyat supporters outside Istana Iskandariah here.

There was little joy on the streets of this royal town after riot police broke up the large crowd of protesters marching towards the palace across the Perak River after Friday prayers to show their support for Datuk Seri Nizar Jamaluddin, the man whom they feel is still the legitimate menteri besar.

Riot police charged at the crowd and at one point a pitched battle was being fought between the two sides.

The police fired round after round of tear gas, injuring scores including a 10-year-old boy who fainted, as a convoy of vehicles carrying Barisan Nasional leaders, including Umno deputy president Datuk Seri Najib Razak, was trying to enter the palace grounds.

Many in the crowd have now dispersed all over the picturesque Bukit Chandan, where the palace and Ubudiah mosque are located in this royal town, after riot police continued charging at them for half an hour.

The situation remains tense outside the palace as several hundred protesters remain. Many others are still inside the mosque.
An unidentified state Pas representative has now joined police in asking the crowd to disperse.

The crowd had earlier joined Nizar for prayers at the Ubudiah mosque while preparations were ongoing for the swearing in of Zambry.

There was a standoff between riot police and supporters amid chants of "Reformasi" and "Allahuakbar". After failing to heed orders to disperse, police charged the crowd, some of whom ran back to the mosque to seek refuge. Some protestors were seen throwing bottles and other objects at the police.

In an immediate reaction, Perak DAP leader Ngeh Koo Ham said: "I'm very sad that the legitimate, peaceful demonstration in a democratic country was met with force.

"If the expression was peaceful, it should be allowed. It will be more dangerous if they go underground.”

Earlier today Pakatan Rakyat continued its futile bid to overturn the decision of Sultan Azlan Shah.

State Assembly Speaker V. Sivakumar said he would be writing to the Ruler by 3pm to ask for an emergency sitting of the state legislature, and for a postponement of the swearing-in ceremony.

This morning, Nizar was escorted out of his office by Ipoh OCPD Azisman Alias, while other Pakatan Rakyat state executive councillors were also asked to leave their offices, as the state's political impasse continued to take a turn for the worse in what is now a major constitutional crisis.

Nizar was also stopped from giving a press conference in the state secretariat building.

Earlier Nizar arrived at 9.50am in his official car.

"I feel good today. I am going to my office."

Datuk Ngeh Koo Ham was also here. They were allowed into the compound, which was being guarded by hundreds of policemen, while awaiting the swearing-in of Zambry.

It is understood the Pakatan Rakyat government plans to file a legal suit to challenge the legitimacy of a BN government, which they said is a result of a coup orchestrated by Najib.

State executive councillor Nga Kor Ming, who was yesterday asked to resign together with the Menteri Besar, also declared that the new Barisan Nasional government would not last.

"The Menteri Besar Datuk Seri Nizar Jamaluddin has not resigned," Nga told reporters, saying that the Pakatan Rakyat alliance would not recognise the new state government.

He begged Sultan Azlan Shah to reconsider the decision not to dissolve the state assembly.

Nga said the status of the PR administration can only be determined by the assembly after the question on the resignation by the three assemblymen has been solved by the courts.

"That was a very uncivilised, ridiculous way of handling the matter. We have been illegally removed from our office," said Nga, describing the manner in which they were chased out of the state secretariat.

Nga hinted that PR could retake the state soon and did not rule the possibility of BN lawmakers defecting to the alliance.

"I don't rule out the possibility. Let them be happy now, but they will regret very soon," said Nga.

Nizar is expected to boycott the official swearing-in ceremony at the palace in Kuala Kangsar.

Instead, he will be attending special prayers at the Ubudiah mosque, next to the palace. The public has also been invited to attend the prayers.

Nizar refused to resign yesterday when asked to do so by the Sultan, sparking the state's biggest ever political crisis.

But the BN takeover of the state is already a fait accompli, as Zambry is set to be sworn in today as the new MB.

Yesterday, Sultan Azlan Shah announced his refusal to give his consent for the dissolution of the Perak state assembly, and asked Nizar to resign.

As Nizar refused to resign, the post was declared vacant, although some constitutional experts say the proper and legal way for Nizar to be removed would have been through a vote of no confidence in the state assembly.

There are also conflicting views as to whether a Sultan, by convention, has any right to dismiss an MB, or the Yang di-Pertuan Agong a prime minister.

Nonetheless yesterday's decision has paved the way for BN to form the next state government.

The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblymen and the three independents, the Sultan was convinced that Nizar had ceased to command the confidence of the majority of the state assembly members.

"If YAB Datuk Seri Ir Mohammad Nizar bin Jamaluddin does not resign his post as Perak menteri besar together with the members of the state executive council, the posts of menteri besar and state executive councillors are considered vacant," the statement said.

Before thousands of supporters last night, Nizar pledged "to fight to his last drop of blood" to defend the legitimacy of his government. (TMI)

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Mayhem in Kuala Kangsar

The Federal Reserve Unit (FRU) fires several rounds of tear gas as 3,000 Pakatan Rakyat supporters converge for a protest march about 1km from Iskandariah palace in Kuala Kangsar.

LIVE REPORTS

3.25pm: The situation calms down at the mosque and several people are seen crying.

3.20pm: Police have finally cleared the blockade by the crowd and all cars are able to proceed to Iskandariah Palace.

3.19pm: A vehicle with a yellow (royal) registration plate is pelted with stones by angry supporters.

3.18pm: Tear gas still being fired into the mosque compound. Deputy Premier Najib Abdul Razak's car enters the palace.

3.11pm: A group of protesters are lying on the road to block the passing cars.

3.10pm: FRU personnel manage to remove the bloackade and cars are passing through to the palace.

3.08pm: Tear gas is fired at those blocking the road. The FRU are also arresting those blocking the road.

3.06pm: About 300 people are blocking the road leading to the palace, stopping dignitaries and BN politicians from attending the swearing-in ceremony, which is to kick off at 3.30pm.

3.04pm: The crowd is dispersed. Some are trying to block the road leading to the palace.

3.01pm: FRU charges at the crowd. A handful are seen throwing stones at the police.

2.59pm: More tear gas is fired into the mosque carpark.

2.58pm: Crowd retreats to the mosque.

2.50pm: Another round of tear gas is fired. Crowd refuses to back down with some throwing rocks at the FRU personnel.

2.43pm: Police tells the crowd to disperse.

2.41pm:The crowd swells to about 3,000 with some carrying banners calling on the sultan to dissolve the state assembly. FRU personnel are moving into position.

Earlier report

Some 500 Pakatan Rakyat supporters broke through a police barricade outside the Ubudiah mosque in Kuala Kangsar - about 1km from the Iskandariah Palace - during a protest march this afternoon.

At precisely 2.22pm, the supporters, which included a large group of women, had gathered outside the mosque after Friday prayers.

They had wanted to march from the mosque to the Iskandariah Palace where the swearing in of the new Perak menteri besar is scheduled to take place at 3.30pm.

At 2.26pm, the crowd breaches the police barricade, and at 2.28pm, the police retaliate by firing several rounds of tear gas.

This forced the supporters to retreat back into the mosque.

The police have deployed some 30 Federal Reserve Unit (FRU) and 20 uniformed personnel.

At 2.40pm, the crowd regroups outside the mosque as police sirens are heard blaring in the background. It is learnt that several truckloads of FRU personnel are being deployed to the scene.

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Making Sense Of The Perak Controversy - Malaysiakini

Before embarking on an analysis of the state of play in Perak, it would be of value to consider the objective facts:

Two assemblymen signed undated resignation letters as a condition to their being nominated by their political party for a state election. For this, the party also gave them full support, financial and otherwise. They won their respective seats;
The undated resignation letters were submitted to the speaker of the Legislative Assembly. The Perak Constitution allows members of the assembly the option of resigning their membership “by writing under his hand addressed to the speaker”;
The party opted to submit the resignations of the two assemblymen. It is not apparent what prompted this;

The speaker has accepted the resignations and communicated the fact of the resignations to the Election Commission. The speaker has taken the position and ruled for the purposes of the assembly that the resignations have taken effect and by-elections be held. He will treat the assemblymen as no longer being members of the assembly for the purposes of proceedings in the assembly;

The two assemblymen dispute the validity of the resignation. They do not contend that the resignations letters were not under their hand. They contend that the resignations were procured through duress;

The Election Commission has decided that the resignations are doubtful and as such not true resignations.
From the above, it could be said that the following questions arose when the controversy first erupted:

The legal value or validity of the resignations. There is no authoritative decision of the courts on this point. A 1982 decision of the then Federal Court (Datuk Ong Kee Hui) observed that such resignations could be viewed as being contrary to public policy in view of elections at both the state and federal level being of individuals as opposed to political parties. A question of honouring the wishes of the electorate, that is the electing of the individual as opposed to the party, arises. The Federal Court did not decide on the point as the Member of Parliament concerned did not seek to invalidate the resignation nor had the speaker been joined as a party. The point is as such open to argument.
Whether the resignation letters were procured under duress;
However, these questions have been overtaken by events, in particular the decision of the speaker to accept the resignations and give effect to them. The speaker may be wrong but until he is shown to be wrong through valid process — either in the assembly (to the extent that such process is available) or through the courts — the speaker’s decision must stand.

In this regard, the Election Commission is charged with the conduct of elections. It could be argued that in order to do so, the Election Commission must have the power to determine whether an election is needed in the first place. Where state and federal elections are concerned, this is established by the dissolution of the assemblies and Parliament respectively. However, where casual vacancies (through death, resignations or disqualifications) arise, the situation is more nuanced.

The Perak Constitution (Article 36(5)) provides that a casual vacancy shall be filled within 60 days from the date on which it is established by the Election Commission that there is a vacancy. Vacancies caused by death and disqualifications are easily established. Where the latter is concerned, the matter is decided by the assembly itself, which in law is taken to have final say (save where there is a matter of legal interpretation). In the ordinary course resignations are similarly uncomplicated; the speaker receives the letter of resignation and communicates the fact to the Election Commission which establishes the vacancy based on the speaker’s declaration. From this, it is apparent that the vacancy is established by reference to the position taken by the speaker. This is consistent with the basic principle of parliamentary democracy that it is the speaker who regulates the assembly.

The question that arises is therefore whether this process is derailed by a dispute as to the validity of the resignation. In my view, it should not be, and the Election Commission must act accordingly. I say this for two main reasons. First, the scheme explained above.

Secondly, it is not for the Election Commission to embark on a fact-finding or adjudicative process as, amongst other things, it does not have the power to do so. In denying the position the speaker has taken, the Election Commission is in effect asserting that that the speaker is wrong. The Election Commission cannot do so. If there is a question as to the correctness of the speaker’s position, then it must be challenged through proper channels.

Seen from this perspective, this unprecedented and very curious action of the Election Commission regrettably raises questions as to its motives. It must be taken to appreciate the precarious position it has left Perak in, one which looked upon objectively appears to have been made more accommodating to the machinations of the Barisan Nasional. I note that by-elections would be inconvenient for Umno which is scheduled to have its assembly in March. It is as such open to question as to whether the Election Commission has conducted itself in the independent manner the Federal Constitution requires of it.

Where this leaves the Perak government is an open question. It could seek a ruling of the court as to the correctness of the decision made by the Election Commission and an order to compel the latter to conduct the by-election. This would be a time-consuming affair and occasion a delay that can only work against the interests of the state. The razor-thin margin is undermining stability and it is more probable than not the attention of those who make up the state government would be focused more on preserving their government than the affairs of the state.

The Election Commission’s stance and the underlying events would afford sufficient cause for the menteri besar to request that the Sultan dissolve the assembly and call for fresh elections. All things considered, this may be the best way to protect the interests of Perak. In these difficult times, governments should be focused on what needs to be done rather than politics.

Malik Imtiaz Sarwar is the current president of the National Human Rights Society (HAKAM) and a lawyer.

(TheMalaysianInsider)

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Najib places discreet bets on gaming

KUALA LUMPUR,— Last October, the government quietly awarded three gaming companies 10 more special draws a year in a move to boost flagging government revenues ahead of a painful economic slowdown that could cost thousands of jobs.

The move came a month after Deputy Prime Minister Datuk Seri Najib Razak assumed the finance portfolio and was probably not publicised as it would have invariably been attacked as unIslamic by the conservative opposition Pas.

The number forecast operators involved are Magnum, Tanjong and Berjaya Sports Toto, and the award should boost their sales. Each draw typically adds RM16-21 million to total sales, analysts said. The government benefits from gaming and pool betting taxes on each draw, and special draws come in for an extra 10 per cent tax on net sales.

Analysts estimate that Kuala Lumpur could rake in over RM130 million in extra revenues from the additional draws — cold comfort to a government facing sharply declining revenues from oil and palm oil sales. Gaming firm executives expect Kuala Lumpur to allow even more special draws going forward in an effort to wring out as much revenue as it can.

The award and the manner in which it was carried out — its stealth and its potential political consequences — illustrate the seriousness of the looming downturn and a belated confronting of the facts by the government. Since last October, Kuala Lumpur has assured its citizenry that Malaysia could pull through the slowdown unscathed and did not revise downwards its original forecast of 3.5 per cent GDP growth for 2009.

Not any more. Najib is expected to announce a RM7-10 billion stimulus package this month, the second since a RM7 billion raft of measures was announced last November.

Malaysia is getting squeezed between falling exports and sharply slowing investment. To prevent greater job layoffs that could erode public consumption, Najib is looking at greater public spending to maintain consumer demand, which has been one of the key drivers of the economy for the last nine years.

But the downside is a sharply widening budget deficit, a point echoed by Fitch Ratings on Monday when it downgraded the ringgit on precisely those concerns. The agency expects the deficit to balloon to 7.4 per cent in 2010 — which is why Najib has his hands full trying to maintain revenues. — Business Times Singapore

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