In The Doghouse: PKR's Christina Liew To Pay Record RM557 Million To Borneo Samudera

Liew to pay record RM557mil Published on: Sunday, October 26, 2014  Email to a friend      Printer Friendly KOTA KINABALU: The High Court has ordered three people – including an elected representative – to pay damages to Borneo Samudera Sdn Bhd (BSSB) for unlawfully inducing the Bahagak Smallholders Scheme participants to breach their Joint Venture Agreement (JVA) with BSSB.  Justice Chew Soo Ho in his judgement on Sept. 30 found that BSSB had proven the requisite conditions in law of inducement of breach of contract. BSSB had claimed damages of RM557,641,716.29.  In the suit, BSSB as plaintiff had named Siti Rahfizah Mihaldin as first defendant, Samsuri Baharudin as second defendant and opposition PKR's Api Api Assemblywoman Christina Liew as the third defendant. It is understood to be the highest amount in damages in Malaysian judicial history ever to be awarded either singly or jointly against a serving elected representative.  In his judgement, Chew allowed BSSB's claim and also granted a declaration that the smallholders be relieved from all and every liability under the respective Sale and Purchase Agreements purportedly entered into by them with Siti.  An injunction was also granted to restrain the trio from committing further breaches or unlawfully interfering in the JVA with loss and damages against the Defendants to be assessed by the Deputy Registrar of Tawau, with interest and costs.  In the suit, BSSB, a subsidiary of government-linked company Sawit Kinabalu Sdn Bhd, alleged that the defendants had jointly and intentionally designed and schemed to unlawfully induce the breach of JVA to obtain the lots from about 819 smallholders (the JV land approximately 12,000 acres) for their own use and benefit, knowing that the said lots had been injected to the JV company and that the land has been fully developed by the JV company and BSSB in accordance with the JVA. BSSB further pleaded that Liew as an advocate and solicitor in preparing the alleged sale and purchase agreements ('SPA') had advised, conspired and colluded with her accomplices the first Defendant, Siti, the purchaser, who was her staff at the time of signing the various purported SPA, together with Samsuri Baharudin, the purported attorney of the smallholders to unlawfully wrest the JV land by inducing the smallholders to sell their land. The Court also found that the various sale and purchase agreements purportedly signed by the smallholders dated sometime in 2005 and 2006 were prepared by Liew based on her unilateral legal opinion that the JVA had been allegedly breached or terminated and that the smallholders were entitled to sell their respective lots. The Judge stated that "the third Defendant's role was not merely confined to giving advice to the smallholders but had taken active steps to get the smallholders through the second Defendant to allegedly sell their lots to the purchaser who was her own employee, knowing fully well that the smallholder lots had been pledged with the Plaintiff and/or JVC in return for shareholding in the JVC which the third Defendant had prepared the Form 32A to be executed by the smallholders in favour of the first Defendant. There was no termination of the JVA whether by the smallholders or through the third Defendant or by an Order of the court. The third Defendant knew that the said JVA was not terminated and the smallholders would have no right to sell their lots but still persisted on her own unilateral legal opinion to allegedly advise that the lots could be sold and proceed with the sale and purchase agreement of those smallholder lots with her own employee as the purchaser. The judge felt that Liew had been instrumental and played an active and major role in the whole transaction herein ignoring the fact that there was an existing JVA between the Plaintiff and smallholders whose lots in the said land had been pledged under the JVA.  During the trial, the smallholders testifying as witnesses claimed they were misled into signing the purported sale and purchase agreements and power of attorney.  Being illiterate they relied on the representation of Samsuri and Liew and that they did not know that they were signing sale and purchase agreements and power of attorney. They also claimed having no intention of selling their lots but that they were asked by Samsuri and Liew to sign or thumb print documents in blanks and were told that if they do so they would be paid certain sums of monies as "incentive payments" or "wang hangus". It was also stated in the trial that the three defendants under the guise of championing the smallholders' cause in actual fact took advantage of the smallholders' disadvantaged bargaining position for their own advantage. Under the SPA, vacant possession and profit of the land was to be given by the smallholders to Siti upon payment of RM1,000. In the event of breach by the smallholders, apart from refunding the monies already paid, they also need to pay to the purchaser a sum equivalent to 50 per cent of the purchase price as agreed liquidated damages. The total purchase price of the said land is to the tune of RM83 million.  The first Defendant, Siti, although a material witness, did not attend or testify in the trial. The fact that she was a staff of Liew was never disclosed until BSSB discovered before the trial and challenged Liew who responded that Siti was acting as a nominee for an "undisclosed principal."  However, this matter of the purported "undisclosed principal" was never pleaded by the Defendants and this mystery person, if any, remained a mystery. The Judge stated that "the non-disclosure and/or concealment of the first Defendant being an employee of the third defendant as the purchaser, to the Court, was a deliberate act tainted with ulterior motive to conceal their scheme, as submitted by the Plaintiff, to buy up all the smallholders' lots in the said land which by then had been developed into oil palm plantation and was yielding."  The Judge further stated that "it is abundantly clear that the first and second Defendants are going for the smallholders lots which the third Defendant had been directly involved with the first and second Defendant to buy up the smallholders' lots in the said land which had been by then developed into an oil palm plantation by the Plaintiff."  "They were going after the lands and not the smallholders' interest under the said JVA. It is a common knowledge that a developed oil palm plantation would have escalated in the land value as compared to a mere undeveloped State land. "The benefit that the Defendants will obtain and enjoy in purchasing and acquiring the smallholders' lots which had been developed into oil palm plantation is easily inferred as such developed land is insurmountable in value or land price when they are resold. "The deliberate and direct interference with the Plaintiff's said JVA with the smallholders is undoubtedly for the Defendants' ultimate personal gains or benefit or enrichment."  Incidentally, most of the smallholders who have purportedly entered into sale and purchase agreements with Siti had lodged police reports and commenced legal proceedings against Siti and Samsuri for fraudulent misrepresentation to induce them to sign the sale and purchase agreements. They alleged that being illiterate they relied on the representation of the purchaser's solicitor, Liew and they were not given the opportunity to obtain independent legal advice. Therefore, they sought declaration among other things that the purported sale and purchase agreements are null and void and of no legal effect and claim for loss and damages. BSSB was represented by Jeyan Marimuttu, Jimmy Chang and Vanessa Marimuttu of Messrs J. Marimuttu & Partners while the three Defendants were represented by Alex Decena, Azimi Fahad Yahya and Sherzali Asli.  Daily ExpressKOTA KINABALU: The High Court has ordered three people – including an elected representative – to pay damages to Borneo Samudera Sdn Bhd (BSSB) for unlawfully inducing the Bahagak Smallholders Scheme participants to breach their Joint Venture Agreement (JVA) with BSSB.  Justice Chew Soo Ho in his judgement on Sept. 30 found that BSSB had proven the requisite conditions in law of inducement of breach of contract. BSSB had claimed damages of RM557,641,716.29.  In the suit, BSSB as plaintiff had named Siti Rahfizah Mihaldin as first defendant, Samsuri Baharudin as second defendant and opposition PKR's Api Api Assemblywoman Christina Liew as the third defendant. It is understood to be the highest amount in damages in Malaysian judicial history ever to be awarded either singly or jointly against a serving elected representative.  In his judgement, Chew allowed BSSB's claim and also granted a declaration that the smallholders be relieved from all and every liability under the respective Sale and Purchase Agreements purportedly entered into by them with Siti.  An injunction was also granted to restrain the trio from committing further breaches or unlawfully interfering in the JVA with loss and damages against the Defendants to be assessed by the Deputy Registrar of Tawau, with interest and costs.  In the suit, BSSB, a subsidiary of government-linked company Sawit Kinabalu Sdn Bhd, alleged that the defendants had jointly and intentionally designed and schemed to unlawfully induce the breach of JVA to obtain the lots from about 819 smallholders (the JV land approximately 12,000 acres) for their own use and benefit, knowing that the said lots had been injected to the JV company and that the land has been fully developed by the JV company and BSSB in accordance with the JVA. BSSB further pleaded that Liew as an advocate and solicitor in preparing the alleged sale and purchase agreements ('SPA') had advised, conspired and colluded with her accomplices the first Defendant, Siti, the purchaser, who was her staff at the time of signing the various purported SPA, together with Samsuri Baharudin, the purported attorney of the smallholders to unlawfully wrest the JV land by inducing the smallholders to sell their land. The Court also found that the various sale and purchase agreements purportedly signed by the smallholders dated sometime in 2005 and 2006 were prepared by Liew based on her unilateral legal opinion that the JVA had been allegedly breached or terminated and that the smallholders were entitled to sell their respective lots. The Judge stated that "the third Defendant's role was not merely confined to giving advice to the smallholders but had taken active steps to get the smallholders through the second Defendant to allegedly sell their lots to the purchaser who was her own employee, knowing fully well that the smallholder lots had been pledged with the Plaintiff and/or JVC in return for shareholding in the JVC which the third Defendant had prepared the Form 32A to be executed by the smallholders in favour of the first Defendant. There was no termination of the JVA whether by the smallholders or through the third Defendant or by an Order of the court. The third Defendant knew that the said JVA was not terminated and the smallholders would have no right to sell their lots but still persisted on her own unilateral legal opinion to allegedly advise that the lots could be sold and proceed with the sale and purchase agreement of those smallholder lots with her own employee as the purchaser. The judge felt that Liew had been instrumental and played an active and major role in the whole transaction herein ignoring the fact that there was an existing JVA between the Plaintiff and smallholders whose lots in the said land had been pledged under the JVA.  During the trial, the smallholders testifying as witnesses claimed they were misled into signing the purported sale and purchase agreements and power of attorney.  Being illiterate they relied on the representation of Samsuri and Liew and that they did not know that they were signing sale and purchase agreements and power of attorney. They also claimed having no intention of selling their lots but that they were asked by Samsuri and Liew to sign or thumb print documents in blanks and were told that if they do so they would be paid certain sums of monies as "incentive payments" or "wang hangus". It was also stated in the trial that the three defendants under the guise of championing the smallholders' cause in actual fact took advantage of the smallholders' disadvantaged bargaining position for their own advantage. Under the SPA, vacant possession and profit of the land was to be given by the smallholders to Siti upon payment of RM1,000. In the event of breach by the smallholders, apart from refunding the monies already paid, they also need to pay to the purchaser a sum equivalent to 50 per cent of the purchase price as agreed liquidated damages. The total purchase price of the said land is to the tune of RM83 million.  The first Defendant, Siti, although a material witness, did not attend or testify in the trial. The fact that she was a staff of Liew was never disclosed until BSSB discovered before the trial and challenged Liew who responded that Siti was acting as a nominee for an "undisclosed principal."  However, this matter of the purported "undisclosed principal" was never pleaded by the Defendants and this mystery person, if any, remained a mystery. The Judge stated that "the non-disclosure and/or concealment of the first Defendant being an employee of the third defendant as the purchaser, to the Court, was a deliberate act tainted with ulterior motive to conceal their scheme, as submitted by the Plaintiff, to buy up all the smallholders' lots in the said land which by then had been developed into oil palm plantation and was yielding."  The Judge further stated that "it is abundantly clear that the first and second Defendants are going for the smallholders lots which the third Defendant had been directly involved with the first and second Defendant to buy up the smallholders' lots in the said land which had been by then developed into an oil palm plantation by the Plaintiff."  "They were going after the lands and not the smallholders' interest under the said JVA. It is a common knowledge that a developed oil palm plantation would have escalated in the land value as compared to a mere undeveloped State land. "The benefit that the Defendants will obtain and enjoy in purchasing and acquiring the smallholders' lots which had been developed into oil palm plantation is easily inferred as such developed land is insurmountable in value or land price when they are resold. "The deliberate and direct interference with the Plaintiff's said JVA with the smallholders is undoubtedly for the Defendants' ultimate personal gains or benefit or enrichment."  Incidentally, most of the smallholders who have purportedly entered into sale and purchase agreements with Siti had lodged police reports and commenced legal proceedings against Siti and Samsuri for fraudulent misrepresentation to induce them to sign the sale and purchase agreements. They alleged that being illiterate they relied on the representation of the purchaser's solicitor, Liew and they were not given the opportunity to obtain independent legal advice. Therefore, they sought declaration among other things that the purported sale and purchase agreements are null and void and of no legal effect and claim for loss and damages. BSSB was represented by Jeyan Marimuttu, Jimmy Chang and Vanessa Marimuttu of Messrs J. Marimuttu & Partners while the three Defendants were represented by Alex Decena, Azimi Fahad Yahya and Sherzali Asli.

Daily Express

Sabah :The Sold Out State

Hantu Laut

I was still a young man when the idea of the formation of Malaysia was mooted by Tunku Abdul Rahman, supposedly? 

I believe the idea of the making of Malaysia incorporating Singapore, Sabah, Sarawak and Brunei was fed to the Tunku by the British, who feared that independent Sabah, Sarawak and Brunei would eventually become territories of Indonesia. 

The Tunku can propose, but without tacit agreement of the British government it could not have become reality.

Sukarno, according to British intelligence at that time was already hankering for territorial expansion. Sabah, Sarawak and Brunei looked ideal for his greater Kalimantan and of his greater Nusantara dream.

The concept of Nusantara (the union of all Southeast Asian countries) is not new, it had been around since the days of Gajah Muda of the Majapahit Kingdom. 

Gajah Muda, a powerful military leader and Prime Minister of Majapahit had taken an oath called Sumpah Palapa, in which he vowed not to eat food containing spices until he had conquered all of Nusantara (Malay Archipelago) and to bring them under Majapahit's rule. Sukarno must have harboured the same ambition.

The British apprehension of Sukarno's expansionist policy was proven right when in 1969 Indonesia annexed West New Guinea, which was still under Dutch rule at that time. In 1975, under Suharto, seen less belligerent, Indonesia invaded and occupied East Timor and declared as its 27th province. East Timor was a former Portuguese colony. Only after mounting international pressure and a UN-sponsored act of self-determination did Indonesia relinquish control of the territory in 1999.

If Indonesia had been a British colony it would had been foregone conclusion that the British would have handed us over to Indonesia, not Malaya.

Besides, not giving the Tunku the credit for the idea of the formation of Malaysia, I also strongly believe Sabahans had been played out by the British and the so called Cobbold Commission. It was a mere fact finding mission as there was no real referendum held to seek opinion and consent of adult Sabahans. 

Initially, there were some dissenting voices, but were quickly muffled by promises of positions and largesses. 

It was just a few leaders picked from various ethnic communities that decided the fate of the country for the rest of the nescience population. 

Below is what Lord Cobbold wrote of the findings of his Commission.

About one-third of the population of each territory strongly favours early realisation of Malaysia without too much concern about terms and conditions. Another third, many of them favourable to the Malaysia project, ask, with varying degrees of emphasis, for conditions and safeguards varying in nature and extent: the warmth of support among this category would be markedly influenced by a firm expression of opinion by Governments that the detailed arrangements eventually agreed upon are in the best interests of the territories. The remaining third is divided between those who insist on independence before Malaysia is considered and those who would strongly prefer to see British rule continue for some years to come. If the conditions and reservations which they have put forward could be substantially met, the second category referred to above would generally support the proposals. Moreover once a firm decision was taken quite a number of the third category would be likely to abandon their opposition and decide to make the best of a doubtful job. There will remain a hard core, vocal and politically active, which will oppose Malaysia on any terms unless it is preceded by independence and self-government: this hard core might amount to near 20 per cent of the population of Sarawak and somewhat less in North Borneo.

—Lord Cobbold, Cobbold Commission

Lord Cobbold also stressed that all parties enter the federation as equal partners.

Are we equal partners in the federation?

We should be a federated state in a federal union with constitutionally guaranteed autonomy, not a unitary state as most West Malaysian politicians seemed to think 

There have been many disputations about the special conditions imposed by Sabah and Sarawak in the formation of Malaysia, which have eroded over the years given away by every leader of every succeeding state government. Most, if not all of the 20 points disappeared under the Berjaya government.

Sabah was sold out by its own selfish leaders.

Today, Malaysia is half-a-century old, it's water under the bridge and it's too late to cry over spilled milk.

What we need to do is to vote in politicians who would protect our state rights through the parliamentary process, not those who kowtow to West Malaysian leaders and look up to them as superiors for their own selfish self-preservation. It's time Sabah leaders stop subordinating themselves and start looking at Federal leaders as their peers, not as their bosses.

To bring in Pakatan Rakyat as alternative government will not solve the problems of the same colonialistic mentality, the same rule will be used by them to control state leaders. 

Unfortunately, we lack credible leaders to carry out this mission. I say the day will come and it's only a matter of time before we return to our senses.

Aspiring young educated Sabahans should pool their resources to come together to take on the mighty BN/UMNO and decide our own destiny within the concept of equal partners in the federation.

Below is a video of a speech by Ansari Abdullah, which depicts accurate events leading to the formation of Malaysia.





I am surprised  that there are Sabahans and Sarawakians, who were stupid enough to start idiotic campaign of wanting to pull Sabah and Sarawak out of Malaysia.

If anything, it won't be true Sabahans that will try take the state out of Malaysia, not the KDM, not the local Bajau, Suluk,Bugis,Malay,Chinese and DLL. It will be the illegal Filipinos  from Southern Philippines. They have the numbers, the balls and the arms.

Orang Semenanjung Your Brand Of Islam Not For Sabahans

Holy men, holy women: A look at one kampung in Sabah -

JAN 10 — “Aku nak Islam lama balik. Bukan Islam ini.” (“I want the old Islam back, not the current one.”)

I was in Sabah recently, right smack in a small village of 2,000 people. (I am not naming the village because I feel protective over it.) I was there to assess the socio-economic situation of the village, and after a few days of being viewed as a visitor, my newfound friends finally felt comfortable enough to let their guard down.

We were at the anjung of the homestay I stayed in. A faint scent of the sweet but pungent smell of the palm oil that had muddied the village river drifted over from time to time. The village was quiet; an occasional clanging of kitchen utensils broke up the stillness of the night.

The homestay owner had family visiting her. The conversation was banal at first, and like all conversations, family illnesses, ghosts, the rising cost of living peppered the air. A short acknowledgement about a friend’s death stirred the hornet’s nest: the women became very angry.

The martriach of the family looked hard at the homestay owner, who turned to me to explain.

“We Orang Sungai (the people of the river) have always been Muslim,” she said. “And like the Malays of the Semenanjung (Peninsular Malaysia), we have our customs.”

“The thing is, orang Semenanjung are intent on destroying us.”

The arrival of ulamas (preachers) from the Peninsula over the last few years in Sabah, and especially in the interiors, is tearing apart the social fabric of the villagers.

Young, fresh graduates from Al Azhar University and other Islamic colleges, but with little life experience, these young men come to Sabah, with the intent of righting the villagers.

“Dulu, we could wear henna during weddings but now they say it is haram.”

“We’ve always prayed, but now these tabligh, they come to our houses to check that we pray and tell off our men for praying at home, they must pray in the surau.”

“Friday prayers, yes, men must go but when it’s not Friday, they can pray at home too. So why is it wrong now?”

When there is a death in the village, they have a feast, a kenduri, so the whole village comes as one, to grieve.

“These tabligh, they tell us it’s wrong. But to us it is not wrong – the food goes to people who can’t afford to buy food. The funeral unites us as a village.”

In fact, the homestay owner and her family told me they practised many things that united the village. Solat hajat tolak bala berjemaah (mass prayers to avoid misfortune, illness el al). Prayers for those leaving the village to seek their fortunes elsewhere. Read more.

Selangor (The Richest) versus Sabah (The Poorest)

Hantu Laut

How do you reconcile this erroneous labelling of Selangor the richest state and Sabah as the poorest state in Malaysia?

I say it's erroneous because of the state budgets, which make no sense at all. The poorest state (Sabah) has a budget two and a half times bigger than the richest state (Selangor).

Selangor, mind you, joyously claimed the biggest budget ever at a measly sum of RM1.8 billion, while Sabah, the pauper state has a budget of RM 4.6 billion.

So, who you think is a caring government, the one who dares to spend more for the people, or the one who hoards the people's money ?

How come a state with the highest per capita income in the country has such poor budget.

Now, you know why Azmin Ali covets the MB post, they have a miser running the state.

Anwar: Spooking The Spook

Hantu Laut


Call a spade a spade. Now, Anwar talks sense.

My "Sugar And GST:Anwar:Scholar, Politician, or a Clown" posting derides him for casting aspersion on an universally accepted tax structure used by over 160 countries.

In Asean, only Malaysia and Myanmar were left behind, the rest have introduced GST into their tax system.

Malaysian oppositions must learn when to oppose and when to give credit, where credit is due. They don't want to, a sign of political immaturity.

Obviously, they are dead set in muck-racking, no matter what, for good or bad, they have come to a conclusion Malaysians are gullible.

Anwar made an about turn and admitted that GST is good and efficient way to collect tax. Some weeks ago he was contemplating organising a massive rally against implementation of GST.

Good on you, Anwar. 

Read Here:Opposition Leader Anwar Ibrahim has made an about-turn when he admitted the Goods and Services Tax (GST) was a good and efficient taxation system.

Unfortunately, for Anwar his little green pasture in Sabah is withering. Some of his assemblymen are leaving the party, because they found, a little too late, that the leadership is as 'broad as it's long'. Read here.

A friend in PKR told me recently that they are no different from the devil they try to spook.

Anwar should have known better East Malaysians are different kettle of fish.

We are not easily spooked!

Where Ignorance Is Bliss, 'tis Folly To Be Wise: Bumiputra Follies

Hantu Laut

Today, Suria Capital Holdings Bhd proudly announced its JV with SBC Corporation Bhd to develop  Jesselton Quay to the tune of RM1.8 billion in net sale value. Both are public listed companies on the KLSE, one bumiputra dominated and the other Chinese dominated. Suria's asset base is bigger than that of SBC.The story here.

It's the same old story with most GLCs, they can't do their own things, forever will never learn the trade, or run a proper business of their own. They will always run to the Chinaman to do the business for them.

It is time that all bumiputra individuals, enterprises and GLCs grow up, learn to take risk and do their own things.

The biggest culprits are GLCs run by bumiputras who do fuck all, give everything to the Chinaman to do under JV scheme, where greater part of the profit will go to the Chinaman and the government agency landed with teeny-weeny portion of the profit.

All over the country the same stories are being repeated year after year and the bumiputras never got to learn the trade and they are happy not to, doing so mean having to do extra work.

I have seen over the years that I have been doing business here and in Peninsula Malaysia almost every GLCs over there and in Sabah with prime land in the middle of the city do JV with Chinese businessmen to develop the land that they got for nothing from the government .

For the happy Chinaman the land cost is zero and the risk is almost zero, all they have to do is provide the building plans, raise the financing, appoint the contractor and market the properties and all the costs are paid for by the project, while the so-called high calibre bumiputra management team sit on their arses and enjoy the big fat salaries and perks for doing nothing.

Is it that difficult to be a developer like the Chinaman?

All Chinese businesses had humble beginning, start from the bottom and build their way up, they don't go to college to learn to be a contractor or developer. It's a learning process that takes years through experience and exposures. Some will succeed and some will fall by the wayside, but that the risk you have to take doing business.

It is a great shame that with such prime land and a bankable proposal the bumiputras still can't undertake the project on their own.

Name it, SEDCO, SUDC, Warisan Harta Sabah and many others, there is always the indispensable Chinaman in the midst.

Maybe, the government should employ only Chinaman to head every GLCs, so all the profits can stay with the company.

It's obvious without the Chinese the economy of this country is fucked.

Manila Times Porkiest Lie...Sabah Invaded Again!

Hantu Laut

A friend once said if they don't know how to do all this things..... lie, cheat and steal, they are not Filipinos. You can accuse him of racism, but he has a point. Time and again, such aptitude is proven true of the community.

Read a fantastic story of fairytale of a battle between Kiram's soldiers and the Malaysian armed forces from a paper (not worth the shit it was printed on) trusted since 1898 for shitty journalism.

FROM THE MANILA TIMES ONLINE:

While the Muslim community was celebrating the end of Ramadan last Friday, clashes between the Malaysian forces and the fighters of Sultan Jamalul Kiram 3rd erupted anew in Lahad Datu, Sabah.

Kiram’s spokesman Abraham Idjirani on Sunday said eight members of the Malaysian forces were killed after they were ambushed by at least 50 members of the Sultanate’s Royal Security Force (RSF) and volunteers composite headed by Utuh Ubie, RSF’s top officer.

He said the incident was relayed to him by RSF commander Raja Muda  Agbimuddin Kiram,  brother of the  Sultan during their conversation over the phone.

Raja Muda leads the 1,600-strong RSF that is holed up in Sabah in an attempt to regain its claim over the territory from Malaysia.

The ambush took place early morning Friday at Felda area in Lahad Datu, Sabah.

Idjirani, who is also the secretary general of the Sultanate of Sulu and North Borneo, said while the RSF always takes defensive positions, it decided to attack the Malaysian troops, fearing they could be outnumbered.

“The Malaysian’s operations was a total violation of the principles of Islam. So the RSF decided to attack,” he said.

Idjirani said that in the tenets of Islam, after the commemoration of  Ramdan Muslims have seven days in which to seek forgiveness from the people they have sinned against.

Prior to the incident, Idjirani said a relative of Raja Muda who lives in Lahad Datu had informed Raja Muda that the Malaysian troops will launch a new offensive against the RSF.

The relative also said the Malaysian Forces have intensified their  coastal perimeter defense from Tawau to Sandakan after receiving reports that more Kiram fighters are set to enter Sabah to join the fight in “reclaiming” the island.

To reassert its territorial claim over Sabah, Idjirani said the Sultanate will be sending more volunteer fighters from Mindanao to the territory.

He said that a group of Bangsa Suluk volunteers from Sulu, Tawi-Tawi, Basilan, and Zamboanga Peninsula are preparing to sail for Sabah.

Malaysian Prime Minister Najib Razak last March 1 ordered an all-out offensive to flush out the Sulu fighters, who were initially holed up in Lahad Datu.

Subsequent clashes resulted in the death of 68 RSF men and 10 Malaysian policemen and soldiers. Read more crap here.

Mr Prime Minister, Sabah Has No Diesel !

Hantu Laut,

This is what I put on Facebook under my real name.

Najib, are we moving forward or backward. Your "fixed deposit" state ran out of diesel. Everywhere you go, either the diesel pump is "rosak" or "diesel habis".

Did you not promise, come hell or high water, this "fixed deposit" state would get better attention and care. 

So soon you forget that we Sabahans and Sarawakians saved you from being vanquished by Anwar Ibrahim.

The irony is we are oil producing state.Whatever happened to all the oil? Export everything and leave nothing for us.Give us low grade diesel and petrol.

All Petronas stations in Sabah only sell RON95, unlike in Tanah Air Melayu, where they sell both grades.We can only get RON97 from selected Shell and Esso stations.

The rarified Petronas morons think all Sabahans are poor because we have become famous for being the poorest state in Malaysia and think Sabahans can't afford posh cars, can only afford Kancils, kapchais and bicycles.

Have all our wells dried up or the government had stopped the subsidy because the coffers are empty?

Maybe, it's not your fault, but that's what happen when you engaged the wrong people to do the job.

They are logistically fucked!

Sabah, is highly dependent on diesel because of the high population of 4X4 vehicles. 

It is unbelievable that an oil producing country like Malaysia can run out diesel. There are long queues at every petrol station in the state rendering people to wait for hours causing great inconvenience and hardship to the people.  Some stations have completely run out of diesel.

Mr Prime Minister, I am or was your ardent supporter before the election, but if you continue to look at Sabah this way, I am afraid your "fixed deposit" would have disappeared before the next general elections.

You need to kick some asses!

Surprisingly, none of Pakatan leaders raise hell over this issue.

Maybe, they don't care too.

Trip Through North Borneo (Sabah) 1907

An advertisement for A Trip through British North Borneo in The Erain January 1907 offered some insights into the production history of the film. It referred to this new series ‘by courtesy of the British North Borneo Company’ and reported that ‘this unique and beautiful subject contains the best photographic results of two expeditions organised and conducted by the Charles Urban Trading Co. Ltd., and illustrates the quaint manners and strange customs of the natives of British North Borneo’. A number of the scenes listed within this film – for example ‘Panorama of the Padas River’ and ‘First Trading of Natives with White Man’ – had also appeared in an earlier Urban series released in 1904, and A Trip through British North Borneo appears largely, if not exclusively, to reuse this earlier material (The Era, 19 January 1907, 35).

In 1903 Harold Mease Lomas, a chemist-turned-amateur photographer, had led the ‘Urban Bioscope Expedition through Borneo’, which then travelled through Malay in 1904 (Iversen, 2001, 71). The Urban Films catalogue of June 1905 explained that ‘this expedition was started and equipped by us for the purpose of securing bioscopic records of native life and scenes in the interior of North Borneo’. It noted that the ‘unparalleled idea of taking the bioscope into an almost unknown district of the tropics’ was ‘enthusiastically supported by the Government’ and indeed the trip was financed by the British North Borneo Company, the imperial charter company that administered rule in the country between 1882 and 1946 (Herbert, 2000, 257). A report in the Daily Mail described this as an ‘excellent investment’, as, according to the Company’s managing director in 1904, the photographs and moving pictures ‘had been instrumental in helping the company to raise during the last few years over £500,000’ (The Times, 7 December 1904, 12).

Some of the films were shown at the annual dinner of the British North Borneo Company in December 1903 and again in 1904 (at which ‘guests smoke North Borneo cigars and drink North Borneo coffee’).The Era noted that the films were ‘extremely instructive’ in introducing and explaining the company’s work in an ‘entertaining’ way, while one of the speakers at the dinner in 1904 praised them for highlighting the beautiful scenery and commercial value of the country without ‘the boredom attaching [sic] to long speeches’ (Herbert, 2000, 264). Commenting in January 1904 on the films, The Straits Times noted their appeal to ‘stay at home folk’ who now had the opportunity to behold ‘the descendants of ferocious pirates walking along the iron way’. ‘In the cut-throat days of not long ago they would either have run away or tried to wreck that train’, it continued, ‘Experience has taught them that the native shares in the benefits of British enterprise’. The paper further noted the scenes of local labour ‘under the eyes of Europeans’, which it suggested showed that ‘the natives are eager to work for the British, and when allowed to do so are most zealous’ (Straits Times, 5 January 1904, 5).

Read more and watch the film here: http://colonialfilm.org.uk/node/1419

Mutalib MD - The Unsung Hero

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Though I don't know him personally and have never met the man I share the loss of this unsung hero, who for many years have been ridiculed by those in power for exposing the issuance of I/Cs to illegal immigrants from the Philippines and Indonesia.

He was the first to expose the "I/C Palsu" and letting illegal immigrants to votes using forged I/C. He also started the first widely read Sabah political blog "Sabahkini"

A true Sabahan who for years pursue the illegal I/C and illegal immigrants problems but to no avail as the power that be denied any involvement.

As the adage "truth will out" what he wrote and has been saying all these years came true at the RCI (Royal Commission of Enquiry) that had many recipients of illegal I/Cs coming forward to testify.

A true and fearless Sabahan, who tried to right the wrongs, but did not live long enough to see through what he has been fighting for all these years.

A champion for Sabahans, an unsung hero, we will be missing him.

My deepest condolence to his family and may Allah bless his soul.

Alfateha.

Christina Liew Is Sabahan Lah, Stupid!

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It is a stark revelation that the RCI cannot be used as a yardstick to measure the extent of government involvement in the issuance of Malaysian identity cards to illegal immigrants.

Most identity cards were sold by irresponsible and corrupt West Malaysian officers, who came to Sabah to make fast money with little conscience that their actions have far-reaching consequences, detrimental to the interests and well-being of Sabahans.

A number of witnesses called up by the commission had been unreliable. Some were too smart for their own good, some just plain stupid and some gave only half the truth.

The recent claim made by Sabah Suluk Ethnic Clan Association secretary Mohd Zaki Hari Susanto (a Suluk with an Indonesian name) that Api-Api assemblywoman Christina Liew was an Indonesian Chinese before becoming Malaysian was a clear case of ignorance. The man is just plain stupid, doesn't know what he is talking about. Many people knew Christina Liew from childhood and knew she is a Sabahan and a naturalised Malaysian. What was uttered by this man at the RCI was untrue.

Liew has clarified her status here.

Many young Malaysians are ignorant of the history of this country because our history books in schools are so badly written, it imparts very little knowledge of pre-independence history and the position of the migrant races who stepped foot on this shore before independence.Read more.

One Stupid DAP MP Against Construction Of A Mosque

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One stupid and insensitive DAP MP against mosque construction with stupid excuse of azan disturbing the people's sleep. 

I am not a religious person, but this kind of stupidity is going to cause unnecessary racial and religious tension.

The kampong people sounded smarter than him, telling him that dogs barking also disturb their sleep and even worse dog barking can be incessant or sporadic throughout the night.

Azan only occurred twice after sundown, once in the evening just after dusk (maghrib) and every morning just before dawn (subuh). There is another one at night after 8 p.m (isyak), but some mosques do not sound the azan as the worshippers who came for the maghrib prayers usually stayed on for the isyak prayer.Most azan lasted less than 5 minutes.

Obviously, he is too thick to understand the imputation.

Watch the video:



What say you, Lim Guan Eng, Lim Kit Siang and SakmongkolAK47 ?

Azan (call to prayer) below.



DAP has 38 seats in Parliament making it the second largest political party in the country after UMNO. 

In the old days, before the dawn of cheap amplifiers, almost all azan were done unplugged, maybe mosque committees should consider turning down the volume or go back to the good old days.

Flogging The Same "Sabah For Sabahans" Dead Horse

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In spite of his and Yong Teck Lee's similar call of "Sabah for Sabahans" the people of Sabah have rejected these two political eunuchs. 

Can't bluff the people all the times. They have been part of the corrupt regime they accused of now but kept their mouth shut when the picking was good and when they shared the loot.

Now, he is still humming the same parochial "Sabah for Sabahans" jingle. Still flogging the same dead horse and nobody is paying attention of his useless labour.

He won the state seat on Kadazan parochialism.

Will Jeffrey lumber on as an independent or will he be a boiling frog?

Reported in the Daily Express:

Sabah State Reform Party (Star) on Wednesday said the Federal and State governments should abolish the Federal Secretary Office and dismantle the parallel government machinery in Sabah.

Its Chairman, Datuk Dr Jeffrey Kitingan also said that both governments should put words into action on their recognition of Sabah's autonomy.

Commenting on the call to channel Federal funds to the State Government, he recalled that Prime Minister Datuk Seri Najib Tun Razak had announced that the 20-Points were still intact during the recent 13th General Election and that Sabah's autonomy was not an issue.Read more.

Nurul Izzah: Sabah Constituted Right

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You can puke all you want, the state of Sabah has the right to bar anyone entering the state including politicians out to cause mischief.

Nurul Izzah and her father Anwar Ibrahim have shown to be rich repository for troubles, refused to accept the verdict that they have been defeated, cooked allegation of massive frauds by BN as reasons for massive rallies that they hope would inflame the people's anger and trigger a Malaysian Spring. 

The cows might have been cowed but they are not all that stupid. They were led to the watering hole but refused to drink. The Malaysian Spring that Anwar wanted so much to happen, didn't happen.

Malaysians are generally peace loving people and would not want to destroy this country for the sake of one man's greed for power.

Sabah shouldn't take chance and let her in freely to do what her father has done in West Malaysia. She played active role in the rallies in West Malaysia and could do the same in Sabah.

Prevention is better than cure.

You can curse, swear and write shits or shit yourself all you want, the power lies with the state.

Her father promised to give more autonomy to Sabah, why is she complaining, the state is only exercising its autonomous right.

Below is Immigration Act 55 of the Immigration Act 1959/63 relevant to Sabah and Sarawak.

Restriction on citizen’s right of entry into an East Malaysian State

66. (1) Subject to subsection (2) and to sections 67 and 68, a citizen shall not be entitled to enter an East Malaysian State without having obtained a Permit or Pass in that behalf unless—

1. (a)  he belongs to the East Malaysian State;
   
2. (b)  he is a member of the Federal Government, or of the Executive Council or Legislative Assembly of the East Malaysian State (or of any Council having similar functions in the State);
   
3. (c)  he is a judge of the Federal Court or of the High Court in Sabah and Sarawak, or is a person designated or nominated to act as such, or he is a member of any Commission or Council established by the Federal Constitution or by the Constitution of the East Malaysian State; or 
   
   
   (d) he is a member of any of the public services of the Federation, or of the public service of the East Malaysian State, or of a joint public service serving the East Malaysian State, or is seconded to any such service.
   (2) Where a citizen is entitled to enter the East Malaysian State under subsection (1), the citizen’s children under the age of eighteen years and (if he is a man) his wife, if entering the East Malaysian State with, or to be with, the citizen, shall not be required by subsection (1) to obtain a Permit or Pass in that behalf.
   (3) Where a citizen is not entitled to enter an East Malaysian State under this section, Parts I to VI, in their operation as a special law for the East Malaysian State shall apply to him as if he were not a citizen:
   Provided that a citizen arriving in Malaysia in the East Malaysian State or in the other of the East Malaysian States, and proceeding to a part of Malaysia which he is entitled to enter, shall be entitled to such Pass as is reasonably required to enable him to do so.
   (4) The burden of proof that a person is entitled to enter the East Malaysian State under this section shall lie on him.
   Right to enter East Malaysian State for exercise of political rights
   67. Subsection 66(1) shall not have effect in relation to a citizen entering the East Malaysian State for the sole purpose of engaging in legitimate political activity; but the burden of proof that a person is entitled to enter the East Malaysian State under this section shall lie on him. 
   
   

Najib Owes Rural Folks, Sabah And Sarawak, Time To Correct The Imbalance.

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BN, won by the skin of its teeth riding on rural and semi-rural votes and battered by the rural-urban divide and massive Chinese votes swing. 

He would have two-thirds if the swings weren't of epic proportion.

I don't think the Chinese expect anything from the government. The Chinese being more independent and self-sufficient will know how to take care of themselves.

It is the rural folks that have been shafted for years that need help. They have been played out over and over again. It is time to correct the imbalance.

Now, that the dust have settled, Najib is in a bigger quandary on how he is going to reward his supporters.

His party won on the backing of rural folks and saved from losing the Federal government by the fixed deposit states of Sabah and Sarawak.

Would Najib return the favour ?

Opportunity doesn't knock twice, Najib should give greater care to those who supported him. From now on he should push for greater development in rural areas in Peninsula Malaysia and more aggressive development in Sabah and Sarawak. Without these two East Malaysian states he would have lost Putrajaya.

Sabah and Sarawak have the poorest infrastructure in the whole country. Bad roads, poor health care, inadequate water and electricity supply and rural population that live below subsistence level. Every essential items cost more than Peninsula Malaysia.

Sabah roads are in terrible conditions, bad construction and poor maintenance culture have made our roads as bad as any third world country and the situation become even more appalling in rural areas where rural roads are either badly gravelled or dirt roads, which become dangerous and impassable during rainy seasons bringing a lot of hardship to the rural people.

The same sad state of affairs prevails in other sectors like health care, power supply and clean water supply are just as horrendous. Port and airport facilities are still behind acceptable standard.

Only 39% of roads in Sabah are sealed compared to almost 90% in Peninsula Malaysia. 

The Federal government have taken Sabah and Sarawak for granted and neglected the states for far too long and it is time they wake up and take immediate remedial action to correct the inequitable distribution of development expenditure, or face serious retribution in the next general elections due in 2018.

No pain no gain. Part of the problems are Sabah leaders, patronising too much to Federal leaders, afraid of making demands  and wanting always to be in the good book of the prime minister. This personification of self-preservation have hindered developmental progress of the state. 

Unlike Sarawak, Sabah lost its claws the day they brought UMNO into the state. The state exists at the whims and fancies of Federal leaders. 

It is time for Sabah and Sarawak to make demands to the federal government to deliver its promises and better treatment. Najib owes it to us.

Najib should:

1.Increase Sabah and Sarawak representation in the Federal cabinet by appointing more Federal ministers from the two states. We want important ministries, not window dressing. There is no need for deputy prime minister. We don't want stooge ministry, just give us any of the principal ministries.

2.To build international standard dual-carriageway linking East-West and North-South Sabah and to be completed before the end of this term.

3.Allocate more funds to build and seal rural roads to acceptable standard.

4.Build more hospitals and clinics in rural areas.

5.Build more schools in the rural areas and build more residential schools in towns to enable children from the interior to attend secondary education that is not presently available in rural areas.

6.Provide cheaper power and clean water to the rural areas.

7.Complete the Pan Borneo highways as promised. The road should bypass Brunei for ease of travel for both Sabahans and Sarawakians. The present route that passes through Brunei is ridiculously cumbersome needing at least eight immigration checkpoints.

8.Increase oil royalty. We don't want the unrealistic and unreasonable 20% promised by Anwar, just increase the oil royalty by 3% to 8% for Sabah and Sarawak. This will help the states to use the money to bring more development to the rural areas.



Sabah being the poorest state in Malaysia may be a presumptuous assumption, not all that true. However, there are still pockets of people in the rural areas that live below the poverty line, out of choice, self-infliction of the dependency syndrome, rather than total government neglect. Idleness being a major contributing factor to such despondency. 



In many other countries if you own land, you are considered well-off as land can be your life-support, or even give you more than enough for your own consumption if you till the land and grow the right crop.

In Sabah, vast stretches of land in the rural areas are either left uncultivated, or rented out to migrants to cultivate. 

Many arable land are rented out to Bugis or Timorese migrant farmers for quick and easy money. It goes to show the idle nature of the natives here. If these migrants can till the land, pay rent and profit from it, why can't the landowner till their own land.

It is the government duty to provide infrastructures to every nook and cranny of the country, not just in urban areas. 

The government should pay more attention to rural constituencies and to bring greater social justice and development to the rural folks.

One Flew Over The Cuckoo's Nest

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"Those who do not learn from the past are doomed to repeat it" said the man of letters George Santayana.

Greed has overtaken their better judgement, instead of taking the path of "united we stand, divided we fall" these knuckleheads believe they can beat Goliath on their own with a single swing of the sling. David brought five stones but had used only one to fell Goliath. 

Haa! Our emboldened oppositions have forgotten 2008, the year many of my friends predicted the demise of Musa Aman and the BN, the doom and gloom of Barisan biting the dust. As they say the rest is history.

They used you, abused you and disused you. Never trust a politician they say.

A man spent 15 years of his life in a party and looked upon a leadership he thought would value his service and loyalty. 

The same people who promised to give his state more autonomy, more oil revenue, more than enough promises that could fill up the black hole, but could not even keep a small promise of his candidacy.

If Anwar can bluff his own man and cheats him, can he not cheat Sabahans of all his promises ?

Never trust a man who wears a cynical smile on his face and cynical manipulation of public opinion.

This madness! Will history repeat itself?

Sabah crisis sends wider ripples

MANILA - Amid intensifying territorial disputes with China and new uncertainty over the US's military commitment to the region, the Philippines strategic headaches have been further complicated by the unfolding crisis in Sabah, Malaysia. 

Malaysian armed forces are now engaged in a full-scale mopping up operation against followers of the Philippines-based Sulu Sultanate, which launched a rag-tag occupation of a remote area of the Malaysian state to assert Sultan Jamalul Kiram's historical claims to the territory. After a long stand-off, Malaysian forces assaulted and killed several members of Kiram's non-state Royal Security Forces (RSF). 

The violence now threatens to spiral with an estimated 800,000 Filipinos among Sabah's 3.2 million population and signs of insurgent-style attacks outside of the initial occupation area. The crisis has ignited popular calls for a re-assertion of Philippine historical claims to Sabah, an oil-rich, ethnically diverse state on the island of Borneo that historically has had an uneasy relationship with the Malaysian federal government in Kuala Lumpur.Read more.

Manila Pooed On Itself Of A Pooh-Pooh Claim

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Spain evacuated Sulu in May,1899 and on 26th August 1899 General Bates of the United States army concluded a treaty with Sultan Jamalul Kiram and the sovereignty of Sulu passed from Spain to the United States of America.

The status of Sulu had entirely changed by 1915 and the Sultan had by then been shorn of all temporal power and retained only the empty title of Sultan and certain religious jurisdiction exercisable only by the consent of the parties, a situation which is described by a letter to the Sultan dated 30th July 1920, from the Director of the Bureau of Non-Christian Tribes of the Department of the Interior, Manila.

After the death of Sultan Jamalul Kiram in 1936 the Philippine Government, the successors in sovereignty of the United States of America, decided not to recognise the continued existence of the Sultanate, according to a letter to the Governor of North Borneo dated 28th July 1936 from His Britannic Majesty's Consul General at Manila.

Those are extracts from a Judgement of Civil Suit 169/39 brought by Dayang Dayang Haji Piandao Kiram and 8 others against the Government of North Borneo.

Below, Article III of the Madrid Protocol affirming the exclusion and cession of North Borneo (Sabah) to the British Crown, administered by the British North Borneo Company.

"The Spanish Government renounces, as far as regards the British Government, all claims of sovereignty over the territories of the continent of Borneo, which belong, or which have belonged in the past to the Sultan of Sulu (Jolo), and which comprise the neighbouring islands of Balambangan, Banguey, and Malawali, as well as all those comprised within a zone of three maritime leagues from the coast, and which form part of the territories administered by the Company styled the “British North Borneo Company.” 

Read full text of the Madrid Protocol here.

There are more than sufficient documentary evidences in existence to prove Sabah no longer belong to the Philippines by their own assertion. 

Manila pooed on itself by flogging a dead horse.

Read "Revival of Sabah claim under review", a  nation run by eunuchs and sissies, their balls shrank when facing a Moro-nic threat.