People's Tribunal wraps up

The People's Tribunal on the 13th General Elections has concluded it's five days hearing after receiving 70 statutory declarations and hearing 49 testimonies of the Malaysian public.

Closing submission was presented by Professor Gurdial Singh Nijar yesterday, 27 September 2013.

A free and fair, a level playing field is intrinsic to all human beings. It is the will of the people who want one person one vote with the same weight.

People want a genuine election where their will are represented in choosing representatives of their choices.

How has the 13th GE been conducted?

The People Tribunal found that there have been lots of irregularities, manipulation and frauds.

 

The 49 testimonies attesting to irregularities and manipulation of different types namely in the area of:

1. Election law

2. EC

3. Electoral roll

4. Gerrymendering 

1. Election Law. The Law gives overwhelming 

power to the EC (Election Commission) where there are areas which cannot be contested in the Court of Law. In other word, some grievances cannot be reviewed because the Law is all for EC, whatever their decision, it is final.

For example, I quote "The decision of the returning officer shall be final and conclusive  for the purpose of the election in respect of which the proceeding are being held, and shall not be called in question in any court" (Elections Regulations 1981, 7 (5)).

Another example, the electoral roll after being published shall be final and binding and shall but be questioned or appealed against in, or reviewed, quashed or set aside by, any court. (Election Acts 1958 9A).

2. EC 

We have heard testimonies how EC have not acted professionaly and in a non partisan way. The EC Press statements had been bias and they spoke as though they were Government servants.

3. Electoral roll

The whole process of the election had lots of irregularities.

To begin with the electoral roll had leave much to be desired. We heard testimonies where there were 60 names in one house. Many names without complete address. Addresses that did not exist.

4. Gerrymandering is of the worst order. there are the people in the same Taman, even same house but voting in 2 different constituencies. There were even many cases that EC has delineated the constituencies by drawing the boundaries across the bed separating the family, even rehusband and wife. 

If there was a fair and free contest, PR would have been the new government.

The questions  that are repeatedly asked: What to do next? Will there be any use?

If there is no level playing field, we are afraid we will be back to square one in the 14th. GE.

Now we are waiting for the Panel of the Tribunal to give us its report and suggestions what to do next. It had been given 3 months to do it. That will be in December 2013. We will take it from there.

The Tribunal Panel

Nurul testified how bias was the system.

Tian Chua testified how EC was abusing its power.

Ambiga, the last witness on the Tribunal stand.

The summation by Professor Gurdial .

Professor Gurdial speaking to the Media journalists.

Pak Samad, the co- chairman of Bersih 2.0 was at the Tribunal. Managed to chat with him and took pic.

Ben McNally

Australia  high commission representive and Alfred Tan, my good friend at the Tribunal .

Alfred Tan with the Chairman of the Panel.

Alfred, Michelle and I.

This young Malay gentleman voter who managed to test the system by returning to the same polling station after voting. Testified that he could get the second ballot paper.

Dr Toh, 3 terms counsellor in the Gerakan Penang government testified that the special branch police gave reports periodically to the CM concerning the people response to the government policies confirming our view that the police instead of focusing on security have been busy gathering political information for the UMNO Baru government.

Independant Journalists and researchers testified of how bias the main stream media was resulting that those rural population who have no access to online media were not able to have accurate information to make the appropriate choice of party.

Chemist testified on how the indelible ink became delibled!

OA, Orang Asli testified how they have be bribed to vote.

Threarened if they don't vote for BN!

Genie, Machap candidate testified on the cheating happened in transport and opening of ballot boxes .

PY Wong, Founder of Tidak Malaysia on irregularities in election law, process and EC.

MP Santiago testified on how he found 60 names of voters in a single address and other frauds.

Visually challenged ( Blind) lady testified how she never registered as voters yet her name had been used in electoral roll,

Vasantha Kumar, candidate for Tapah Parliament seat testier of numerous manipulation and frauds. Worst, his aid got murdered. Prior to the murdered, the victim had received threatening phone call from MIC supporters.

The People's Tribunal on the 13th General Elections

Wednesday 18 September 2013

Around 200 people from all walks of life have gathered with anticipitation in the ballroom of the EMPIRE HOTEL SUBANG, Selangor, Malaysia this morning starting at 9AM. Ending at 5 something as the panel continued with private viewing of recorded video of a witness who fear repercussion. 

I just set through the first day  of hearing today.

The People's Tribunal on the 13th General Elections established by Bersih 2.0 aims to answer the numerous allegations of electoral fraud and irregularities.

The Rakyat wants to know the truth.

Individuals of great repute from overseas and local have been invited to sit as eminent members of the Panel.

The Bersih People's Tribunal panel members - (from left) Dr Hermen Shastri, Azzat Kamaludin, Yash Ghai, Ramlan Surbakti and Mavis Puthucheary.  The presiding panel members of the Bersih People's Tribunal are Yash Pal Ghai, an expert in constitutional law and Head of the Constitution Advisory Support Unit of the UN Development Programme in Nepal, Ramlan Surbakti (former deputy chairman of the Indonesian Election Commission), Kraisak Choonhavan (president of the Asean Inter-Parliamentary Myanmar Caucus, a former Senator and deputy leader of the Democrat Party of  Thailand).

The Malaysian panellists are lawyer and former administrative and diplomatic officer with the Ministry of Foreign Affairs Datuk Azzat Kamaludin, Dr Mavis Puthucheary (former associate professor from the Faculty of Economics and Administration, University of Malaya) and Rev Dr Hermen Shastri (general secretary of the Council of Churches of Malaysia).

Professor Gurdial Singh, (Standing)A law professor  at the University of Malaya and Director of the Centre of Excellence  for Biodiversity Law, is heading the legal team of 40 volunteer lawyers

Ambiga on the extreme  left.

Today, a total of 7 witnesses gave their evidence.

The first witness: YB Charles Santiago, second term MP of Klang.

He told the panel of 60 names registered as voters in a single house address. When he saw the house owner in his investigation, the house owner did not know about the people with those names.

When the EC officers were confronted with the above case, there sort of admitted of such fraud but nothing can be done because they are protected by the ELECTION LAW that once the names have been gazetted, nothing can be done to remove it and the law is so protective and all comprehensive that there is no recourse !

Charles also brought out 12 cases of individuals who have never registered as voters themselves found that their names have been used to register as voters.

He even  found people physically challenged too have been  registered as voters by other .

Dead people are  still in electoral roll

Charles also told us on:

Phantom voters

Owner of a factory reported migrant workers have been asked to vote with offer of RM500.00 each.

2 Indonesions with police vest got into the polling centre to vote, when Permantau volunteers tried to apprehend them, 3 policemen formed a human ring to help them escape.

Truck loaded with BN logo rice were given generously to people near election.

He also shared concerning :

Bus load of people, phantom voters.

18 foreigners except 1 was Malaysian.

Circling the voting station suspiciously. 

The bus window screens were smashed by angry crowd, these people were brought to the police station, police and EC officers did not take any action. Instead 5 ppl among the angry crowd were charged as rioting. The case is pending in court.

He  had the photos of the phantom voters taken, among them A Bangladeshi with indelible ink on his index finger .

Wheel chair elderly disable man helped by daughter on the way to vote.

Daughter was stopped out side the polling centre.

An EC officer instead helped the disable  to mark the cross for BN candidate which is opposite of what the disable man wanted.

Toward the end of the session the panel asked  Charles, why he is working so hard to be a witness since he had won the second term with improved majority.

Charles said:

We want

level playing field .

Election laws are skewed against the opposition.

We want free and fair election.

The second witness:

Mr PY Wong

Civil engineer

Founder of Tindak Malaysia since  2008

He spoke on Design of electoral  frame work purposefully filled with irregularities.

3 areas 

1. System

First-Past-The-Post (FPTP)System can be easily manipulated. 

Malaysia Electoral Reform Programme

compared to 5 nations among them are namely Australia and other countries . The conclusion was Malaysia is :

Better Than Zimbabwe but worst than Timor 

Mr Wong has compiled a book of 

204 proposals how to improve our electoral system.

2. The Management of the Election Commission 

under the PM department 

PM in control 

The whole process is control by the PM.

3. EC members were all ex-civil servants.

They serve the Government of the day

The EC top leaders were Umno members a long time ago, they professed that they can't remember which Umno branch they were in.

EC members ideally should command public confidence - surely not political party members .

They perceive themselves as civil servants instead of non-partisan independent institution officers to serve the Rakyat for free and fair election.

Every things we said about them from their own press statements,  we asked them to verify, but up to date there was no response.

Rules and regulations of election

are unfair.

Advance  voting

By military and police numbering 

110,000. 

Among them,  77,000 are administrative staff. Why all need advance voting.

They are also given option to poster voting.

Postal voters

171,000

not marked with indelible ink. Why?

problems for advance n postal voters, there are numerous.

 

security of ballot papers kept for 6 days

in police station creat huge gap for fraud.

plastic tag to secure ballot box which can be changed is not fool proved .

Campaign period of 15 days is too short for oversea postal votes to return in time . Mr Wong own daughter voted oversea sent home to PY Wong only reached him after 505!

The third educated, cheerful and  pleasant witness who is visually challenged.

She never registered as voter, worked in KL but found her name registered as voter in Tawau, Sabah.

The 4th Witness and other witnesses 

Please go to my Facebook page under my name : Dr Wong Fort Pin

Your scribe at the end of the Tribunal for the day.

 More to follow daily till 22 September .