"When a people fear a supervision there is tyranny, when a supervision fears a people there is liberty."- Thomas Jefferson
INTERVIEWBy shining a light upon a reality that is some-more mostly than not ignored, discharged or ridiculed, P Uthayakumar has had to pay a high price.
This reality, a reality of a marginalised Indian poor, an underclass that struggles with lack of a necessities of reason up in ? la mode Malaysia as well as confronted by a state as well as in many ways a multitude that has polished a art of discrimination, has found countenance in Hindraf as well as Uthayakumar.
The canard that Hindraf is demanding "quotas" is one of a some-more odious lies widespread by Pakatan Rakyat apparatchiks. In a Hindraf18-point demand, a Indian/Tamil/Hindu village is referred to usually in 3 points, with anxiety to land titles to Tamil schools, Hindu temples as well as cemeteries as well as a "de-gerrymandering" for Indian representation in Parliament.
The remaining 15 points cover Malaysians regardless of ethnicity as well as in actuality argues for a removal of race-based quotas. The initial point in a direct is a recognition of bumiputera status for any one innate in Malaysia.
So distant DAP, PKR or PAS has yet to make any such declarations in their supposed multiracial/cultural manifesto. Indeed Penang Chief Minister Lim Guan Eng has left out of his approach to assure his Malay partners that he has no goal of ever seeking a top! bureau in a land. So many for a vicious distortion that Uthayakumar as well as Hindraf have been ! "racist"..
Uthayakumar understands that his is a sole crusade. He makes no apologies in a manner in that he chooses to make his stand. In my writings, we have been both vicious as well as understanding of Hindraf.
My conversations with Uthayakumar were a successive give-and-take about a "Indian problem" as well as how many appropriate to finalise it. we remonstrate with many of Uthayakumar's ideas yet this talk is not a entrance to demonstrate them.
To a many appropriate of my knowledge, there has never been an in-depth talk with Uthayakumar. In this three-part interview, we have attempted to give a platform to a man, whom we have described as a final as well as many appropriate goal for a marginalised Indian community.
Could we conclude a Hindraf struggle?
Firstly, being a lawyer by training as well as a domestic romantic rsther than than a politician per se, we desire leave to answer yet fear or favour. we am rebuilt to take an without a friend stand, refusing to fool around to a majoritarian bi-racial 1Malay-sian domestic art studio by not receiving a politically correct mount as well as am willing to receive brickbats fromMalaysiakinireaders.
The Hindraf onslaught was founded upon a 18-point demands. The bearing of a Hindraf onslaught is opposite institutionalised Umno as well as Pakatan extremist supervision as well as state policies. We essay for next to rights, next to opportunities as well as next to upwa! rd mobilit! y opportunities upon a needs basis opposite a complement that victimises in particular a many exposed Indian bad in Malaysia.
The Hindraf onslaught is about! permane nt as well as rational solutions from Umno as well as Pakatan state governments as postulated to a bi-racial 1Malay-sian Malay as well as Chinese communities as well as not a proxy waste solutions for a Indian bad like dishing out hampers, rice bags, ang pows, ridicule cheques as well as other handouts.
Hindraf supports regime change as well as wishes Pakatan all a best, yet it does not want a sovereign supervision to be transposed by an Umno clone. Nevertheless, upon a people-to-people basis a Indians have no or really small problems with a Malay or Chinese communities during a ground level.
Could we report your experiences underneath a ISA as well as your early activism that led to conflicts with a state?
Prior to my ISA apprehension upon December 13, 2007, we started from blemish as well as for about sixteen years had to work roughly piece for one person until just prior to a November 25, 2007 Hindraf rally. There were no takers for a real cause of a Indian poor, that does not pull really many domestic mileage nor is it "press worthy" by a standards of a bi-racial 1Malay-sian mainstream media as well as to a obtuse border a alternative media.
It was an uphill battle. With a contingency stacked opposite us as well as propelled by my really strong belief in this critical predicament of a Indian poor, we became tougher or stronger as well as was mentally rebuilt for a worst.
ISA was not a misfortune since behind in 2003, during a tallness of my deaths in military control as well as military shooting campaigns, we wasattacked during gunpointb! y military officers in civilian attire. Because of this, we contingency contend that my pang underneath ISA apprehension was minimal.
This reality, a reality of a marginalised Indian poor, an underclass that struggles with lack of a necessities of reason up in ? la mode Malaysia as well as confronted by a state as well as in many ways a multitude that has polished a art of discrimination, has found countenance in Hindraf as well as Uthayakumar.
The canard that Hindraf is demanding "quotas" is one of a some-more odious lies widespread by Pakatan Rakyat apparatchiks. In a Hindraf18-point demand, a Indian/Tamil/Hindu village is referred to usually in 3 points, with anxiety to land titles to Tamil schools, Hindu temples as well as cemeteries as well as a "de-gerrymandering" for Indian representation in Parliament.The remaining 15 points cover Malaysians regardless of ethnicity as well as in actuality argues for a removal of race-based quotas. The initial point in a direct is a recognition of bumiputera status for any one innate in Malaysia.
So distant DAP, PKR or PAS has yet to make any such declarations in their supposed multiracial/cultural manifesto. Indeed Penang Chief Minister Lim Guan Eng has left out of his approach to assure his Malay partners that he has no goal of ever seeking a top! bureau in a land. So many for a vicious distortion that Uthayakumar as well as Hindraf have been ! "racist"..
Uthayakumar understands that his is a sole crusade. He makes no apologies in a manner in that he chooses to make his stand. In my writings, we have been both vicious as well as understanding of Hindraf.
My conversations with Uthayakumar were a successive give-and-take about a "Indian problem" as well as how many appropriate to finalise it. we remonstrate with many of Uthayakumar's ideas yet this talk is not a entrance to demonstrate them.
To a many appropriate of my knowledge, there has never been an in-depth talk with Uthayakumar. In this three-part interview, we have attempted to give a platform to a man, whom we have described as a final as well as many appropriate goal for a marginalised Indian community.
Could we conclude a Hindraf struggle?
Firstly, being a lawyer by training as well as a domestic romantic rsther than than a politician per se, we desire leave to answer yet fear or favour. we am rebuilt to take an without a friend stand, refusing to fool around to a majoritarian bi-racial 1Malay-sian domestic art studio by not receiving a politically correct mount as well as am willing to receive brickbats fromMalaysiakinireaders.
The Hindraf onslaught was founded upon a 18-point demands. The bearing of a Hindraf onslaught is opposite institutionalised Umno as well as Pakatan extremist supervision as well as state policies. We essay for next to rights, next to opportunities as well as next to upwa! rd mobilit! y opportunities upon a needs basis opposite a complement that victimises in particular a many exposed Indian bad in Malaysia.The Hindraf onslaught is about! permane nt as well as rational solutions from Umno as well as Pakatan state governments as postulated to a bi-racial 1Malay-sian Malay as well as Chinese communities as well as not a proxy waste solutions for a Indian bad like dishing out hampers, rice bags, ang pows, ridicule cheques as well as other handouts.
Hindraf supports regime change as well as wishes Pakatan all a best, yet it does not want a sovereign supervision to be transposed by an Umno clone. Nevertheless, upon a people-to-people basis a Indians have no or really small problems with a Malay or Chinese communities during a ground level.
Could we report your experiences underneath a ISA as well as your early activism that led to conflicts with a state?
Prior to my ISA apprehension upon December 13, 2007, we started from blemish as well as for about sixteen years had to work roughly piece for one person until just prior to a November 25, 2007 Hindraf rally. There were no takers for a real cause of a Indian poor, that does not pull really many domestic mileage nor is it "press worthy" by a standards of a bi-racial 1Malay-sian mainstream media as well as to a obtuse border a alternative media.
It was an uphill battle. With a contingency stacked opposite us as well as propelled by my really strong belief in this critical predicament of a Indian poor, we became tougher or stronger as well as was mentally rebuilt for a worst.
ISA was not a misfortune since behind in 2003, during a tallness of my deaths in military control as well as military shooting campaigns, we wasattacked during gunpointb! y military officers in civilian attire. Because of this, we contingency contend that my pang underneath ISA apprehension was minimal.
At Kamunting Prison, we used to read as well as write for about fourteen to 15 hours daily. With time upon my side, we managed to write dual books, namely 'Indian Political Empowerment Strategy' as ! well as '25th November 07 Hindraf Rally'.
My reading as well as creation each day records in my diaries for about 6 hours from a 3 mainstream dailies given to us usually reaffirmed my earlier commentary of a really critical turn of racism, finished distant worse as a Indian bad do not even have a village-level amicable reserve net, distinct a bad Malays, Orang Asli, Iban as well as Kadazan. Even a Chinese bad have 508 Chinese brand new villages as amicable reserve nets nationwide.
My reading as well as creation each day records in my diaries for about 6 hours from a 3 mainstream dailies given to us usually reaffirmed my earlier commentary of a really critical turn of racism, finished distant worse as a Indian bad do not even have a village-level amicable reserve net, distinct a bad Malays, Orang Asli, Iban as well as Kadazan. Even a Chinese bad have 508 Chinese brand new villages as amicable reserve nets nationwide. It was in prison that we learnt to read Tamil. In prison, each day was a operative day or rsther than each day was a operative holiday. My tip of carrying kept well in prison was in not meditative about a outside universe or a date we would be released, that was a pass process of woe by a oppressors.
Unlike a many other famed ISA detainees, we think we were a lot some-more fortunate since of a border of a Indian bad persistent campaigns as well as prayer meetings during Hindu temples nationwide. It was after these heightened open campaigns as well as March 8, 2008 domestic tsunami that eventually led to a abolishment of a ISA.
In fact, we was a really final domestic prisoner to have walked out of Kamunting Prison.
Could give us a little examples of what has left in your mutiny hearing as well as a kinds of 'official' harassment we have encountered?
On November 7, 2012, a Kuala Lumpur Sessions Court decision was to call for my defence notwithstanding a following facts:
The Umno attorney! -general Abdul Gani Patail upon an extremely rare occasion appeared in justice to personally prosecute me upon December 11, 2007. He had sensitive a justice that a assign has a witnesses to prove that a (Kampung Medan as well as other) "ethnic cleansing" did not take place in Malaysia.
The vindictive emissary open prosecutor (DPP) Noorin Badaruddin, i! n her opening speech, told a justice that they have a witnesses who operated a website that had published a supposed seditious minute to a then-British budding apportion Gordon Brown, that in any eventuality did not bear my signature yet it carried my name.
None of these witnesses was ever called. Thepolicewatchmalaysia. comwebsite that allegedly published this minute was sealed down for great by a supervision a following month after my apprehension underneath a ISA upon December 13, 2007 - dual days after a mutiny charge.
The purported minute was never recovered from me, my bureau or premises or vehicles tranquil by me notwithstanding an central military search. we was never arrested nor statements taken from me. we was abruptly arrested upon my approach to my bureau as well as was prosecuted upon a really same day upon December 11, 2007.
This was within days of ex-prime apportion Ahmad Abdullah Badawi (left) creation media statements upon returning from a Commonwealth Heads of Government Meeting during Harare where he was believed to have been embarrassed when questioned upon a Hindraf minute to Gordon Brown.
He publicly declared that he occasionally gets angry, yet this time he was really indignant with Hindraf. we was to be punished as thede factoleader of Hindraf, for organising as well as leading to a November 25, 2007 watershed Hindraf rally as well as for carrying succeeded in exposin! g to a u niverse a state-sponsored as well as private sector extremist victimisation of a many exposed Indian poor.
So where is a prima facie box for a defence to be called? The decider authorised roughly all of a DPP's questions as well as objections yet deserted roughly all my applications as well as consequential questions to a assign witnesses, not even upon a hint or groundless objections by a DPP.
In one day alone, 34 of my pertinent questions to a assign witnesses were rejected. All questions upon Umno institutional racism as well as a one after another amicable "ethnic cleansing" of a Indian bad were not allowed.
Finally a three- as well as two-hour time extent was imposed upon a dual assign witnesses, a afterwards emissary sovereign CID chief DCP Acryl Sani Abdullah Sani as well as a questioning officer, ASP Redzaime.
Moreover, my further 150 questions were not authorised after this time limit. Despite numerous applications, a decider had refused to recuse himself. Despite this predicted outcome, we have filed 5 appeals as well as dual applications to a High Court, some-more for a record.
Despite a actuality that a budding apportion as well as thede factolaw apportion carrying announced a dissolution of a Sedition Act as partial of a supervision authorised mutation programmes, as being obsolete as well as an acknowledgment that criticisms opposite a supervision have been right away allowed; to give effect to leisure of debate as is guaranteed by Article 10 of a sovereign constitution, even a peak Federal Court upon Oct 16, 2012 discharged my review duplicate for a charges opposite me to be dismissed.
At initial year of law propagandize during Ealing College of Higher Education (now Thames Valley University), London in 1984,! we was taught, "Justice contingency not usually be finished yet contingency manifestly as well as undoubtedly be seen to be done".Res Ipsa Loquiteour. Now a hearing has been fixed for hearing for dual weeks as well as unusually even a submission date has been fixed in Jan 2013 notwithstanding that we have 41 witnesses.
This would meant that we would have to finish four witnesses in one day of trial. Umno's intended conviction would disqualify me from contesting in a imminent 13th general elections.
My intended witnesses embody Dr Mahathir Mohamad as well as a Suhakam chairperson for not land a stately commission of exploration as well as Suhakam exploration respectively, attorney-general Gani Patail for not prosecuting a criminals in a Kg Medan "ethnic cleansing" where 5 Indian bad were murdered as well as one hundred sustained disgusting corporeal injuries, Abdullah Ahmad Badawi upon this politically-motivated mutiny charge, as well as a inspector-general of military for racially profiling Indian bad suspects.
As to whether a courts would emanate subpoenas for these witnesses is yet another make a difference bearing in mind that a summons duplicate for Gordon Brown (right) was dismissed.
For being one-and-a-half hours late to justice as we was reason up during a High Court, this decider forfeited RM7,000 of a bail as well as increased a bail from RM10,000 to RM15,000, with! a final ! notice that bail would be revoked for great if it happens again. My steady reparation as well as an endeavour that it would not occur again did not help.
Whatever a outcome, should we be convicted even with a small fine, we am deliberation not applying for stay yet opting for prison as a make a difference of principle. we ! will do this in gripping to a Hindraf 18-point final that we had drafted as well as for that we mount by as well as we have already served one-and-a-half years of ISA prison sentence. Double jeopardy?
Unlike a many other famed ISA detainees, we think we were a lot some-more fortunate since of a border of a Indian bad persistent campaigns as well as prayer meetings during Hindu temples nationwide. It was after these heightened open campaigns as well as March 8, 2008 domestic tsunami that eventually led to a abolishment of a ISA.In fact, we was a really final domestic prisoner to have walked out of Kamunting Prison.
Could give us a little examples of what has left in your mutiny hearing as well as a kinds of 'official' harassment we have encountered?
On November 7, 2012, a Kuala Lumpur Sessions Court decision was to call for my defence notwithstanding a following facts:
The Umno attorney! -general Abdul Gani Patail upon an extremely rare occasion appeared in justice to personally prosecute me upon December 11, 2007. He had sensitive a justice that a assign has a witnesses to prove that a (Kampung Medan as well as other) "ethnic cleansing" did not take place in Malaysia.
The vindictive emissary open prosecutor (DPP) Noorin Badaruddin, i! n her opening speech, told a justice that they have a witnesses who operated a website that had published a supposed seditious minute to a then-British budding apportion Gordon Brown, that in any eventuality did not bear my signature yet it carried my name.
None of these witnesses was ever called. Thepolicewatchmalaysia. comwebsite that allegedly published this minute was sealed down for great by a supervision a following month after my apprehension underneath a ISA upon December 13, 2007 - dual days after a mutiny charge.
The purported minute was never recovered from me, my bureau or premises or vehicles tranquil by me notwithstanding an central military search. we was never arrested nor statements taken from me. we was abruptly arrested upon my approach to my bureau as well as was prosecuted upon a really same day upon December 11, 2007.
This was within days of ex-prime apportion Ahmad Abdullah Badawi (left) creation media statements upon returning from a Commonwealth Heads of Government Meeting during Harare where he was believed to have been embarrassed when questioned upon a Hindraf minute to Gordon Brown.He publicly declared that he occasionally gets angry, yet this time he was really indignant with Hindraf. we was to be punished as thede factoleader of Hindraf, for organising as well as leading to a November 25, 2007 watershed Hindraf rally as well as for carrying succeeded in exposin! g to a u niverse a state-sponsored as well as private sector extremist victimisation of a many exposed Indian poor.
So where is a prima facie box for a defence to be called? The decider authorised roughly all of a DPP's questions as well as objections yet deserted roughly all my applications as well as consequential questions to a assign witnesses, not even upon a hint or groundless objections by a DPP.
In one day alone, 34 of my pertinent questions to a assign witnesses were rejected. All questions upon Umno institutional racism as well as a one after another amicable "ethnic cleansing" of a Indian bad were not allowed.
Finally a three- as well as two-hour time extent was imposed upon a dual assign witnesses, a afterwards emissary sovereign CID chief DCP Acryl Sani Abdullah Sani as well as a questioning officer, ASP Redzaime.
Moreover, my further 150 questions were not authorised after this time limit. Despite numerous applications, a decider had refused to recuse himself. Despite this predicted outcome, we have filed 5 appeals as well as dual applications to a High Court, some-more for a record.Despite a actuality that a budding apportion as well as thede factolaw apportion carrying announced a dissolution of a Sedition Act as partial of a supervision authorised mutation programmes, as being obsolete as well as an acknowledgment that criticisms opposite a supervision have been right away allowed; to give effect to leisure of debate as is guaranteed by Article 10 of a sovereign constitution, even a peak Federal Court upon Oct 16, 2012 discharged my review duplicate for a charges opposite me to be dismissed.
At initial year of law propagandize during Ealing College of Higher Education (now Thames Valley University), London in 1984,! we was taught, "Justice contingency not usually be finished yet contingency manifestly as well as undoubtedly be seen to be done".Res Ipsa Loquiteour. Now a hearing has been fixed for hearing for dual weeks as well as unusually even a submission date has been fixed in Jan 2013 notwithstanding that we have 41 witnesses.
This would meant that we would have to finish four witnesses in one day of trial. Umno's intended conviction would disqualify me from contesting in a imminent 13th general elections.
My intended witnesses embody Dr Mahathir Mohamad as well as a Suhakam chairperson for not land a stately commission of exploration as well as Suhakam exploration respectively, attorney-general Gani Patail for not prosecuting a criminals in a Kg Medan "ethnic cleansing" where 5 Indian bad were murdered as well as one hundred sustained disgusting corporeal injuries, Abdullah Ahmad Badawi upon this politically-motivated mutiny charge, as well as a inspector-general of military for racially profiling Indian bad suspects.
As to whether a courts would emanate subpoenas for these witnesses is yet another make a difference bearing in mind that a summons duplicate for Gordon Brown (right) was dismissed.For being one-and-a-half hours late to justice as we was reason up during a High Court, this decider forfeited RM7,000 of a bail as well as increased a bail from RM10,000 to RM15,000, with! a final ! notice that bail would be revoked for great if it happens again. My steady reparation as well as an endeavour that it would not occur again did not help.
Whatever a outcome, should we be convicted even with a small fine, we am deliberation not applying for stay yet opting for prison as a make a difference of principle. we ! will do this in gripping to a Hindraf 18-point final that we had drafted as well as for that we mount by as well as we have already served one-and-a-half years of ISA prison sentence. Double jeopardy?
Should we be convicted, a maximum punishment is a three-year prison judgment or RM5,000 fine, or both. (Penang Chief Minister) Lim Guan Eng previously served a one-and-a-half year prison judgment for sedition.
This is so as not to allow Umno to reason me 'ransom' until a disposal of my appeals right up to a peak Federal Court, that outcomes have been again predictable. During this imprisonment, we have motionless to write my third book entitled 'Never Won a Case in Malay-sian Courts - 50 Public Interest Cases'.
S THAYAPARAN is Commander (rtd) of a Royal Malaysian Navy. On Sunday, November 25, Hindraf will be celebrating a fifth anniversary of a ancestral 2007 rally.
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