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IGP gets leave to cite Papagomo for contempt

IGP gets leave to cite Papagomo for contempt

The Star09-05-2025
KUALA LUMPUR: The High Court was told that an apology by blogger Wan Muhammad Azri Wan Deris to Inspector-General of Police (IGP) Tan Sri Razarudin Husain was insincere and a joke.
Lawyer Raam Kumar, representing Razarudin, said Wan Muhammad Azri, or Papagomo, had published a video containing a statement that was supposed to be an unconditional apology on April 30 with the song "Maafkan Kami" from P. Ramlee's Pendekar Bujang Lapok in the background.
"The apology was a joke. It must be remembered that this is a court matter where the defendant must show intent.
"He should be apologising unconditionally and then keep to himself, but instead, he made a clarification on the apology," Raam Kumar said on Friday (May 9).
ALSO READ: IGP files another leave application against Papagomo for committal proceedings
Judicial Commissioner Gan Techiong then granted leave to Razarudin to initiate committal proceedings against Wan Muhammad Azri after hearing the submission in the ex-parte application.
The court also fixed June 30 for an inter-parte hearing for parties involved.
This is the second time Razarudin filed the leave application claiming that Wan Muhammad Azri had failed to obey several matters outlined in the committal order dated April 30.
In the ex-parte application, Razarudin said Wan Muhammad Azri had published a video online via his social media platforms TikTok ("Papa Azri") and YouTube ("Sir Azri") on May 1 where the defendant made several statements.
He said the defendant's statements in the video were contrary to the written apology that was agreed upon and read before the High Court on April 30.
ALSO READ: Papagomo apologises to IGP over defamatory remarks
"The apology made by the defendant on April 30 was insincere and without remorse, despite being made unconditionally," Razarudin said.
The breach in the April 30 committal order, Razarudin said, constituted "a second act of contempt" against the High Court.
"The defendant's contempt of the committal order renders him liable to committal proceedings for contempt of court," he added.
A check on the court's e-filing system showed that the leave application would be heard before JC Gan on Friday.
On April 30, Wan Muhammad Azri issued an unreserved apology to the IGP over defamatory and demeaning remarks made earlier this year.
ALSO READ: IGP gets injunction preventing Papagomo from issuing further defamatory statements
The apology pertains to two media postings published in January, despite a court order issued on Dec 31 prohibiting him from making such statements.
JC Gan, in delivering the court's decision, said the apology, which was read aloud in court, must also be published on YouTube, TikTok, X, and Telegram for at least seven days.
He also ordered the blogger to pay RM5,000 in costs.
During the proceedings on April 30, the court was originally scheduled to hear contempt of court proceedings initiated by Razarudin against the blogger, but both parties were advised to seek a resolution, which led to Wan Muhammad Azri's apology and subsequent purging of the contempt.
On Dec 26, Razarudin filed a RM3mil defamation suit against Wan Muhammad Azri, which also named Prime Minister Datuk Seri Anwar Ibrahim as a related party.
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Open by default
Open by default

The Star

time43 minutes ago

  • The Star

Open by default

WHEN the explosion and fire shook a residential area in Putra Heights, Selangor, in early April this year, residents were left not just with anxiety and trauma but also with lingering doubts. Even after the investigation by the Occupational Safety and Health Department – which was made public in June – revealed that ground instability was what led to the gas pipeline explosion, and the police subsequently classified the case as 'No Further Action', residents continue to grapple with unresolved questions, calling on the government to provide them with answers. Why did the explosion happen only there? What about the construction of shop lots near the pipeline's location? And why is it so difficult to access such information? Incidents like this reveal a deeper truth that access to information is not just a tool for journalists or watchdogs – it can affect the lives of everyday Malaysians too. This is one reason why advocates say it is important the government keeps its promise to table a Freedom of Information (FOI) Bill in Parliament soon. FOI supporters say the law could empower citizens in ways that extend far beyond politics and media; from holding the government accountable for safety and land use decisions, to improving services through smarter, more transparent data sharing. Changing the mindset Lawyer and former Selangor Bar chairman Kokila Vaani Vadiveloo says a federal FOI law would benefit ordinary citizens seeking information about government activities that directly affect them, including issues of environmental hazards, land use, and healthcare policies. She cites the example of a notable judgment in 2023 involving a High Court order that required the government to release an accident investigation report about a plane crash that killed 11 people almost half a century ago in 1976. 'This case illustrated how families struggled to access information without FOI provisions,' she says. But beyond that, she says it could also help so many segments of society, such as students and researchers wanting to carry out evidence-based analysis, small business owners who may need to investigate regulations and obtain contract information, or legal professionals looking to gain evidence or background for court cases. Kokila says in South Africa, for example, environmental groups and minority shareholders have used FOI laws to obtain critical information on corporate projects affecting their interests. 'FOI is recognised as a consumer right to enable informed choices,' Kokila says. State and culture The Malaysian public has a right to know how the government conducts activities that shape daily lives, stresses senior manager (research) for the Institute for Democracy and Economic Affairs (Ideas), Alissa Rode. Because of the lack of an FOI law, she says only seven out of the 13 states and territories published their annual budget estimates online as of 2024. 'Expenditure information should be considered critical information that is proactively disclosed, but failing that, a minimal right to information would enable citizens to obtain this information,' she says. This also shows that it is important for an FOI law to be adopted by all states, not just at the federal level, she adds, as state governments also possess data that is important to the average citizen. Sinar Project coordinator Khairil Yusof points out that two states – Penang and Selangor – already have FOI laws at the state level. From their interactions with the two state governments, he says the implementation of an FOI law creates not only a legal change, but also a change in culture within the government from being the gatekeeper of information to an 'open by default' approach. 'The cultural change is the under-standing that government information and knowledge resources are publicly funded and that they should be freely available and accessible to the public. 'It also creates an enabling environment for government agencies to proactively share public information and data, not just with the public but also between government agencies,' says Khairil. In practice, existing laws and bureau-cracy often hinder this as government officials are prevented from sharing information with the public. There is a provision in the Penal Code, Section 203A, which Khairil describes as being 'very vague', that discourages civil servants from sharing information. Section 203A states that it is a crime for civil servants to disclose any information obtained by them in the performance of their duties under any written law. 'So often, even if the information requested is not secret, it requires a lot of additional work for both parties to share that information. 'For example, the cleanliness of rivers that the officer already had on their computer.' Indirect beneficiary Another main obstacle to information access in Malaysia is the Official Secrets Act (OSA), as Rode points out. The OSA makes all information confidential by default. 'Without an FOI law, a citizen seeking information would commonly get shunted around the bureaucracy looking for a sympathetic and empowered officer, as there is no obligation on the part of public officials to meet the request or even reveal who is responsible for that data. 'Even if the department in question is willing to provide the data, requests are often deprioritised,' she says. Kokila adds that without FOI protections, any whistleblower disclosing public interest information becomes at risk of prosecution and their disclosures often end up being suppressed by secrecy laws. Thus, Rode says, although an FOI law should at minimum mandate passive disclosure – that is, information is provided upon request – countries with the highest standards of transparency would go one step further and embrace active disclosure and an 'open by default' approach to information. 'Ideally, the upcoming FOI law should set up the expectation that critical information is made available online by default. Exceptions can still be made for security and privacy purposes, but such exceptions should be narrowly defined,' she says. Is there hope? Khairil says there are already examples in Malaysia of a more 'open by default' approach to data collected by the government, such as the Health Ministry's Covid-Now dashboard, the Department of Statistics's OpenDOSM portal, and the Public Sector Open Data initiatives. The results of such initiatives have shown that beyond governance and rights issues, an FOI law also immediately paves the way for an open government and unlocks the full value of the work done by the civil service by making public information open by default. 'It enables rapid digital transformation innovations not only for the governments, but for everyone,' says Khairil. But usually, the general public is an indirect beneficiary of access to information, mostly without realising it, he says, providing what he calls a relatable example: Local councils like the Petaling Jaya City Council and the Subang Jaya City Council do spot checks and grade restaurant cleanliness; the rating is displayed on the inspected premises. 'If this dataset were publicly available, then companies like Google, FoodPanda, or Grab could incorporate these grades in their apps.' To drive home the point of how much the people take the indirect benefits of open data for granted, Khairil points to a global example; the GPS system used worldwide is only possible because the United States government made it public. 'Imagine a world where only limited people could have access to GPS navigation.'

Asean News Headlines at 10pm on Friday (Aug 1, 2025)
Asean News Headlines at 10pm on Friday (Aug 1, 2025)

The Star

timea day ago

  • The Star

Asean News Headlines at 10pm on Friday (Aug 1, 2025)

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Appeals court orders return of Port Dickson land after fraudulent sale
Appeals court orders return of Port Dickson land after fraudulent sale

New Straits Times

time2 days ago

  • New Straits Times

Appeals court orders return of Port Dickson land after fraudulent sale

PUTRAJAYA: The Court of Appeal has affirmed a High Court decision to return a parcel of land in Port Dickson to its rightful owner, after it was transferred through a series of fraudulent transactions. A three-judge panel led by Datuk S. Nantha Balan ruled that both Top ATC Industries Sdn Bhd and businessman Lee Kok Chian had failed to prove they were bona fide (genuine) purchasers of the land, which had been fraudulently transferred by an imposter posing as the registered trustee. The appellate court also upheld the High Court's order for the land to be re-registered in the name of its rightful owner, Cheok Lam Chuan, who filed the suit after discovering the illicit transfer in 2018. On Jan 21, 2016, the subject land was fraudulently "transferred" to Fu Zhi Mao Group Sdn Bhd before the latter entered a Sale and Purchase Agreement with Top ATC Industries on Feb 24, the same year. On March 29, 2016, (barely 6 days after the transfer of the land), Top ATC Industries entered into a Sale and Purchase Agreement with Lee. The transfer of the subject land took place on Nov 1, 2016. "Apart from the sinister conclusions that are to be derived from the suspicious timing of the transaction between Fu Zhi Mao Group and Top ATC Industries, there is the added fact that the latter had failed to prove that it had made any payment to the former. "Lee ought to have suspected that the previous transaction could be fraudulent due to the short timeline of sale of the land. "He should have undertaken the ordinary precautions and investigations as a reasonable and prudent purchaser. "However, Lee deliberately shut his eyes to the obvious and refrained from checking or making further inquiries about the earlier land transfer," he said in his ground of judgment yesterday. The court also upheld the lower court's finding that neither Top ATC Industries nor Lee had acted in good faith in their dealings over the land transaction. The court also held that the Negri Sembilan Registrar of Titles and Director of Lands and Mines were negligent for failing to detect or prevent the fraudulent registration. The appellate court affirmed all the lower court's orders, including: -Cancelling the registration of the land in Lee's name and restoring it to Cheok. -The award of RM100,000 in aggravated damages against Top ATC and Lee. -An order for both parties to pay RM50,000 each in legal costs to Cheok. -A cost order of RM10,000 against the two land officers.

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