FBI error on form caused Malaysian dean to be on US no-fly list

SAN FRANCISCO (Reuters): A long court battle waged by a Malaysian architect over her mistaken inclusion on the United States Government's no-fly list may never have started if a federal agent had marked the correct boxes on an official form.

Rahinah Ibrahim (pic) sued the US government in 2006 after she was placed on the no-fly list and was then denied a US visa.

After years of litigation and appeals, US District Judge William Alsup in San Francisco issued a short statement last month saying that existing procedures to correct mistakes on the no-fly list do not provide adequate due process protections.

The judge's detailed opinion, publicly filed on Thursday, describes how Rahinah wound up on the no-fly list in the first place.

According to the ruling, an FBI agent in San Jose, California, had not intended to place Rahinah on the list, but checked the wrong boxes on a form.

"That it was human error may seem hard to accept - the FBI agent filled out the nomination form in a way exactly opposite from the instructions on the form," Alsup wrote. "A bureaucratic analogy to a surgeon amputating the wrong digit - human error, yes, but of considerable consequence."

A US Department of Justice spokeswoman declined to comment on the ruling.

The no-fly list has become the subject of multiple legal challenges. Rahinah's case is believed to have been the first to go to trial, which took place in December.

Rahinah attended Stanford University on a student visa, according to court filings. In early 2005, she was detained for two hours at San Francisco's airport because authorities believed she was on the no-fly list.

Eventually, she was allowed to travel to Malaysia. However, her US visa was revoked under a legal provision relating to suspected terrorist activities, although she was not told the specific factual basis for that action. She has not been allowed to return to the US.

Rahinah petitioned US authorities to clear her name, but instead received a letter that did not say whether she was still on the no-fly list. She filed a lawsuit, claiming that her inability to return to the US damaged her professionally.

The US government has since conceded that Rahinah is not a national security threat. She is currently the dean of architecture at Universiti Putra Malaysia.

In his ruling, Alsup wrote that it is reasonable to believe that the FBI agent's original mistake led to Ibrahim's subsequent visa problems.

Once false information is entered into one government database, Alsup wrote, "it can propagate extensively through the Government's interlocking complex of databases, like a bad credit report that will never go away."

Law enforcement must track terrorists and maintain secret watchlists, such as the no-fly list, Alsup wrote. However, this case "involves a conceded, proven, undeniable and serious error by the Government," he wrote.

The judge ordered US authorities to correct any mistaken information about Rahinah and also to disclose more information relating to the denial of her visa application.

The case in US District Court, Northern District of California is Rahinah Ibrahim vs Department of Homeland Security et al, 06-545.

Credit: TheStar

Iron pipe, wood and steel and you get a Bakakuk in a day

KOTA KINABALU: A piece of iron pipe, hard wood and steel are all that is needed to make a homemade shotgun, known locally as ‘Bakakuk.'

It is quite easy to make a Bakakuk. Give an expert and he'll complete it in a day. A novice would take longer and the end-product might not look like a gun.

The Bakakuk is made by simply attaching the iron pipe, to form the gun barrel, to the steel part that is moulded to form the breech and trigger mechanism. The hard wood forms the grip and stock.

 
Once completed, the bullets can be purchsed from the firearms dealers. A Bakakuk cost about RM700 these days depending on the quality.

Many hunting accidents have occurred as the result of the Bakakuk but many still opt for this home made weapon due to the hassle of getting a firearm licence.

 
 
Police said numerous arrests have been made in the past mainly due to accidents involving the use of the Bakakuk, yet the weapon remained a favourite among city folk and villagers.

Bakakuks are normally used for hunting while farmers used them to protect their land. Others bought them as a collector’s item. In fact, some Bakakuks have been in the family collection for generations.



Local district police chiefs explained that they sometimes turn a blind eye to the possession of Bakakuk as long as the gun is not used to cause injury or trouble.


Credit: Stephanie Lee

Rapists get 28 years each

48 STROKES OF THE ROTAN: Mother of seven tells court of brutal assault on way to work

KLANG: IT was a normal Thursday morning when a mother of seven went to work as usual at a factory in Klang.

Little did she know that she would be sexually assaulted; so brutally as to leave her scarred for life.

The then 35-year-old woman was walking to work when a car stopped in front of her. A man, who had pretended to be looking into his car bonnet suddenly ran towards her and dragged her into the car with three others waiting.

She was taken to a secluded area where she was beaten, raped and forced to perform oral sex on them. After they were done with her, one of her attackers inserted a twig into her private parts before leaving her there in pain.

Yesterday, three of the assailants were found guilty of the heinous crime and were jailed 28 years' jail each and ordered to be whipped a total of 48 strokes of the rotan.

Sessions Court judge Ahmad Fairus Mohd Puzi sentenced Y. Gajehindran, 26, J. Malvin Isaac, 24, and P. Aravinthiran, 22, for committing the offences in various places in Klang between 6.45am and 8.30am on Feb 11, 2010.

Gajehindran, an accounts executive, and Aravinthiran, a college student, were charged with raping and forcing the victim to perform oral sex in the bushes along Jalan Kebun Nenas 2H/KS7 in Bandar Putera Klang.

Malvin Isaac, who worked in a courier service company, was charged with raping the same victim, forcing her to perform oral sex on him and with inserting a twig into her private parts.

All three were also convicted of abducting and causing hurt to the victim. Initially, four men were charged but their accomplice had then turned prosecution witness and testified against them.

In his decision yesterday, Ahmad Fairus said the accused in their defence had solely put the blame on their accomplice who had turned prosecution witness.

"They claimed that it was the witness who had assaulted and raped the victim when they left the two in the bushes near a residential area, and they were helpless in stopping him as he was acting violently," said the judge

"I find this impossible to believe, as surely the three could have done something to stop their friend who was said to be acting alone," he said. "They had also claimed they did not lodge a police report because they were shocked and had panicked."

He said their actions for not lodging a police report only showed they too had attacked the victim.

Their defence was a mere denial and they put the entire blame on their accomplice just to save themselves, he said.

"In fact, the victim's evidence corroborated with that of the accomplice which showed what really happened the day of the incident."

The victim who gave a victim impact statement cried as she related how the incident had left her traumatised.

She said she had difficulties in eating and drinking for two weeks after the incident.

"I did not dare leave my house for more than a year, afraid that they would come back and catch me again," she said.

"I could not sleep for six months and I am still taking anti-depressant medication."

She said the incident had also affected her married life as she was afraid to be with her husband intimately.

"We are having marital problems. I have stopped working as I am afraid to leave the house. I am afraid and ashamed," she said as she wiped her tears.

"Why did this have to happen to me? They were so inhumane and acted as if I was not a human being."

She then asked how would they feel if someone inserted a twig into their private parts.

The three men being led out of the Klang Sessions Court after they were sentenced to 28 years in jail.

Credit: NST

AGBIMUDDIN, WHERE ARE YOU....

LAHAD DATU: Agbimuddin slips away during raid.

HAVEN FOR IMMIGRANTS: 33 held after house-to-house search in terrorist hideout

THE leader of the terrorist group in Sabah, Agbimuddin Kiram, was believed to have given security forces the slip when they raided a settlement in Kampung Pinggir Bakau, here, yesterday.

Agbimuddin, the brother of Jamalul Kiram III, the self-proclaimed sultan of Sulu, was believed to have been hiding in the settlement with several other terrorists who escaped the onslaught in Kampung Tanduo, Lahad Datu, which began on Tuesday.

The security forces, however, nabbed 33 suspects, including four believed to be involved in the shootout in Simunul on March 2 which claimed the lives of six policemen and six terrorists.

Also nabbed yesterday were four women who were the "eyes and ears" of the terrorist group and had also provided them food.

Police said the 6.30am raid involving some 100 police officers, including the elite Special Action Force (UTK), was instigated by a tip-off that Agbimuddin and his lieutenants were hiding in the settlement. He is believed to have slipped out in the middle of the commotion.

A source told the New Straits Times that Kampung Pinggir Bakau was known as a haven for illegal immigrants from southern Philippines and served as a perfect hideout for Agbimuddin and his men.

District police chief Deputy Superintendent Mohd Firdaus Francis Abdullah said the 33 had been nabbed during a house-to-house search which lasted three hours. They were all illegal immigrants.

Firdaus, however, said no firearms were found during the operation.

A check by New Straits Times at the settlement near a mangrove swamp saw heavily armed UTK officers clad in bulletproof vests and body armour guarding the main road leading into the area.

The detainees were transported in a police truck to the district police headquarters.

In another development, police found an axe, believed to have been the weapon used to mutilate one of the murdered policemen, during a search operation in Jalan 5, Kampung Simunul, on Saturday.

A team of policemen, including commandos and forensics unit officers, had conducted a house- to-house search at Kampung Simunul and neighbouring Kampung Srijaya 1. Several officers were seen holding bags containing seized items.

Kiram orders troops to stay, no surrender

The Sultans' daughter says the sultan's followers won't leave Sabah despite attacks by Malaysian security forces.

MANILA:  The daughter of self-proclaimed Sulu Sultan Jamalul Kiram III on Saturday said the followers of the sultan are standing firm on their decision not to surrender even after the foreign affairs department said that laying down their arms is the only way left to prevent further bloodshed in Sabah.

Speaking with radio dzMM, Princess Jaycel said the group of Raja Muda Agbimuddin Kiram still won’t leave Sabah despite the attacks being launched against them by Malaysian security forces.

“Fior the Raja Muda and his people that this is honor above life, ” she said.

” They want to live there peacefully,” she added.

Foreign Affairs spokesman Raul Hernandez on Friday said Raja Muda’s group is left with no other choice but to lay down their arms after the call for ceasefire was rejected by the Malaysian government.

Malaysian police had said the Filipinos were not showing any sign of surrendering, thus the operation against them will continue.

Hernandez said Malaysian forces are determined to “destroy militants” in Lahad Datu town.

Hernandez said, however, that the DFA has yet to confirm these incidents and the total number of fatalities in Sabah.

Malaysian troops said they shot and killed 32 followers of the sultan during the latest assault, bringing the total dead to 60, including 52 militants. Eight Malaysian policemen were killed in skirmishes last weekend.

However, citing information from Raja Muda, the spokesman of Kiram III said 10 royal army soldiers have so far died since armed clashes began last week.

Abraham Idjirani claimed no more royal army soldiers died in the succeeding attacks. He said 235 royal army soldiers have all been accounted for, with 10 fatalities, 10 arrested and 4 injured

Lahad Datu: Philippines media says thousands of Suluks sailing to Sabah

PETALING JAYA: The Philippine Daily Inquirer is reporting that thousands of Suluk from southern Philippines have sailed to Sabah to join forces with the armed intruders in Lahad Datu.

Quoting a source from the Moro National Liberation Front (MNLF), the report claimed that many have made their way to Sabah in small boats to support the armed intrusion.

MNLF's Islamic Council Committee chairman Habib Hashim Mudjahab, told the Inquirer: "Many of our people are going to Sabah to help the sultanate. They sailed in small numbers so they can easily penetrate Sabah unnoticed."

"The naval blockade is of no use" he said, referring to a naval blockade by the Philippine navy and coast guard to ensure armed sympathisers do not join cross over to Sabah.

"President (Benigno) Aquino kept issuing statements favouring the Malaysians, which made our people agitated. The President must realise that it is about pride and honor, and our people are ready to sacrifice," Mudjahab said.

A retired educator in Tawi-Tawi, who asked not to be identified by name, said the sultanate of Sulu represented an extension of their rich heritage.

"They are the first Filipinos. The sultanate of Sulu was already there even before Philippines existed," he claimed.

A group of Sulu gunmen have been involved in a stand-off with Malaysian security forces in Kampung Tanduo in Lahad Datu, Sabah, since Feb 9.

An all-out attack was conducted by Malaysian forces on Tuesday to flush out the intruders.

Five cops killed in Semporna ambush, says IGP

Inspector-general of police Ismail Omar today confirmed that five police officers were killed in a skirmish with an armed group in Semporna, Sabah.

Report: 10 Kiram men killed in Sabah

MANILA - The spokesman of the sultanate of Sulu claimed 10 people were killed and 4 others were wounded in the firefight between Malaysian forces and the group of Raja Muda Agbimuddin Kiram in Sabah, Malaysia Friday.

Spokesman Abraham Idjirani said he had just talked to Kiram who confirmed that 10 of his men were killed while 4 others were wounded in the shooting incident Friday.

The report runs counter to information from the Malaysian ambassador to the Philippines who said there were no fatalities in the shooting.

"Ang sabi natin 'Your Highness, meron ba tayong casualties?' Ang sabi niya 'Meron.' Ilan ang martyrs? Sabi niya 'Sampu.' Ilan ang wounded? Sabi niya 'Apat.' May babae ba? Sabi niya 'yes...one of the fallen together with his wife,'" he said.

Idjirani appealed to the Malaysian government to stop the attack, saying Kiram's men were armed only with bolos and knives and only a few had guns.

He claimed Malaysian police commandos were using snipers to get at Kiram's men.

Kiram and more than 200 followers have been holed up in Lahad Datu, Sabah for the past 3 weeks to revive the sultanate of Sulu's claim over Sabah. The sultanate of Sulu is citing historical accounts as basis for its claim.

The sultanate wants that a formal agreement recognizing their Sabah claim, brokered by Manila, be reached with Kuala Lumpur.

Manila, however, said the sultanate's condition is unacceptable.

It even warned members of the sultanate of possible criminal charges as a result of their decision to enter a foreign territory while bearing firearms.  With a report by Jay Ruiz, ABS-CBN News
 

Several killed as Sabah standoff turns into a firefight - Report

Several people have been killed where followers of Sultan Jamalul Kiram III are holed up in Sabah as the Malaysian authorities began the assault in the area on Friday.

A radio report, quoting some relatives of Kiram, including his brother Raja Muda Agbimuddin Kiram, said there were several fatalities already in the firefight between the Sultan's followers and Malaysian police and military personnel.

The report, however, did not elaborate whether those killed were on the side of Kiram's group or the Malaysian authorities.

It also added that prior to the clash, there were negotiations between Kiram's group and Malaysian authorities for the Sultan's followers to peacefully leave the Malaysian-controlled island of Lahad Datu in Sabah.

Abraham Idjirani, secretary general and spokesman to Sultan Jamalul Kiram, confirmed that Agbimuddin's group were fired at by Malaysian security forces before holding a briefing in Manila.

Idjirani said the Sultanate members led by Agbimuddin Kiram called them up and informed the rising tension at about 6 a.m.

“This morning is a history, the Malaysian security forces started the first shot,” Idjirani said.

Idjirani, however, said that Agbimuddin could not ascertain if the first shot was aimed at their people.

Idjirani said the Raja Muda (crown prince) also informed them earlier that the Malaysian authorities were already approaching the area.

“However, there was bit of respite and it was good that the Malaysian police have withdrawn later, according to Raja Muda,” Idjirani said.

He said the Malaysian forces came as close as 300 meters from where the more than 200 followers of the sultanate were holed up.

The sultanate official also appealed to the Malaysian government to reconsider its action stressing their people holed up in Lahad Datu have no intentions of creating trouble.

“However, if the Malaysian authorities will push for its action then the Sultanate followers there have no recourse but to defend themselves to their last breath,” Idjirani said.

Credit: Philstar.com

Sulu group appears to ease stand

Armed and ready: General Operation Forces patrolling the beach near Tanduo village in Lahad Datu.

TANJUNG LABIAN (LAHAD DATU): The Sulu armed group at Tanduo in Felda Sabahat 17 appears to ease up on their stand to remain in the village and is ready for further negotiations with Malaysian officials.

Group leader Raja Muda Azzimudie Kiram said, however, the negotiations should be through his elder brother, self-proclaimed ruler Sultan Jamalul Kiram III.

In his latest telephone interview with The Star, Azzimudie said: “All negotiations have to go through my brother in Manila. The final line is my brother.”

Asked if this meant he and his group will be returning to the Philippines soon, he said: “Not sure ... it is between the Sultanate of Sulu and the Government of Malaysia. They must negotiate with the Sultan.”

He denied his readiness to reopen negotiations meant he had softened his stance as implied by the Philippines Daily Inquirer, the country's popular broadsheet newspaper.

Jamalul Kiram had reportedly taken a tough stand by rejecting an appeal by President Benigno Aquino to leave Sabah.

“Our demands remain the same. In short, Sabah is owned by the Sultan of Sulu. I will stay here as long as my brother says I must,” added Azzimudie.

Azzimudie, whose son is believed to be among the 180 Sulu patriots holed up at the village, including six women and about 30 gunmen, said they were all fine despite the land and sea blockade by Malaysian security forces, and the Philippines navy standing by in the waters off the Tawi-Tawi islands.

Reports had emerged from Tanduo that the group was living off from whatever was left behind by villagers who fled their homes when the Sulu intruders landed on Feb 9.

The Malaysian security forces are holding their fire as no new orders have come from higher-ups for them to move in to disarm and deport the group.

Sabah Police Commissioner Datuk Hamza Taib flew to Lahad Datu again to inspect the situation at Felda Sahabat 17, as the standoff drags into its third week.

Meanwhile, Philippines Foreign Secretary Albert del Rosario said that he had conveyed his government's request to Malaysia to extend the deadline for several more days for the group to leave.

He said that his request for another deadline, already extended three times with the last ending on Tuesday, was to give the Kirams a chance to fully understand Aquino's appeal to them.

He added that he did not specify a time period for the next extension.

Aquino had asked the Sultan to order the group to return or face the consequences under Philippine law.

Manila, hoping for a diplomatic and political solution to the standoff by engaging with the Kiram family, has dispatched Foreign Affairs undersecretary Jose Brillantes to Kuala Lumpur.

Brillantes, who arrived on Tuesday, is working with Ambassador Eduardo Malaya in coordinating a peaceful resolution to the impasse.

Credit: TheStar