Sunday, November 25, 2012

Health Wellness


Perfect recipes for ultimate health, from the very best experts in the world
By Trisha Calvo, Photographs by Charles Masters

Say you find yourself on a 5-hour flight to L.A., and in the course of conversation with your seatmate you discover that he’s one of the country’s leading cardiologists, or a worldfamous cancer researcher, or a nationally recognized obesity expert. Wouldn’t you peek to see which parts of his in-flight meal he ate—and what he left on his plate? Wouldn’t you just love to ask him—based on his extensive knowledge of disease and its causes—what he eats every day, how he exercises, what supplements he takes? Like a magician, he knows the secrets, and you’d like nothing more than to look into his hat. Well, consider your curiosity satisfied. We rounded up the country’s top doctors and asked them some pretty personal questions about their daily habits and favorite foods, hoping to find some lifestyle patterns that would put us—and you—on the right path toward a longer, leaner, healthier life. 


1) Antiaging

Nicholas Perricone, M.D., board-certified clinical and research dermatologist and author of Forever Young 

Dr. Perricone was one of the first experts to promote an anti-inflammatory diet for healthy skin and a healthy body. He outlined the evidence in his earlier books, The Perricone Prescription and The Wrinkle Cure. In his latest publication, Forever Young, he introduces readers to the cutting-edge science of nutrigenomics.

“By manipulating different aspects of your diet and lifestyle, you can switch on protective genes and switch off genes that may have a negative effect on health,” he says. “Eating anti-inflammatory foods at every meal—fruits, vegetables, nuts, fish, whole grains—is key.”

Skip sugar, avoid wrinkles 
“Avoiding foods that cause blood sugar spikes—such as products with sugar and white flour—controls inflammation, which my decades of research show is the single greatest precipitator of aging. Inflammation leads to wrinkled, sagging skin, heart disease, diabetes, Alzheimer’s, and some cancers.”

Commune with nature 
“Going outside, breathing the fresh air, and seeing the magnificent planet that we’re lucky to live on renews my spirits every day. Spending time in a park, at the beach, or even just on a tree-lined street is a safe and very enjoyable method for reducing the deadly, aging effects of stress. A walk outside provides benefits that your treadmill cannot.”

Mix weights with yoga 
“I’ve incorporated yoga poses into my strength-training sessions so I maintain flexibility while building muscle mass.”

Stay hydrated 
“Drink at least six glasses of pure springwater and a few cups of green tea each day. Fluid helps your body process nutrients, and the tea contains powerful antioxidants that fight aging and disease.”

Get your vitamin D naturally 
“Sunshine triggers your body to produce vitamin D, and it’s the best source of this vitamin, which helps reduce the risk of osteoporosis and many cancers. I spend about 15 minutes a day in the sun, taking a brisk walk or participating in some other activity, without wearing sunscreen. Don’t go overboard, though. Any longer than 15 minutes or so increases your risk of skin damage.”

2) Weight Management

David Katz, M.D., m.p.h., director of the prevention research center at Yale University, author of Flavor Full Diet, and principal inventor of the nuval system

Dr. Katz’s motto: Love food that loves you back. “When you develop an optimal diet and sustain it, your tastebuds quickly acclimate to less salt, less sugar, and healthful foods.” Dr. Katz says his wife Catherine’s love of food and cooking helped him confirm that when it comes to diet, “healthy” and “enjoyable” need not be mutually exclusive. Sign up for the Belly Off! newsletter to have weight loss tips and motivation delivered to your inbox weekly.

Imagine your food as part of your body 
“I never eat a food that I don’t want my cells, hormones, and enzymes being built out of. That means no soda, no junk food, no deli meats, and no fast food.”

Rethink cravings 
“Cravings are not reliable indicators of what your body needs if your diet is poor; but if your diet is very close to nature, you don’t tend to yearn for foods that are ‘bad.’”

Eat chocolate 
“Dark chocolate is antioxidant-rich. I eat it when I want it—in moderation, of course. One of my favorite chocolate treats is my wife’s Almond-Oat–Dark Chocolate Cookies. Combine 2 cups each of rolled oats and almond meal, ½ cup each of canola oil and agave syrup, 1 teaspoon of vanilla extract, and 1½ cups of bittersweet chocolate chips. Drop by rounded tablespoon on a parchment-lined baking sheet and bake at 350°F for 9 minutes.”

Follow a smart fat diet 
“After reviewing the evidence some years ago, I went from a very low-fat diet to a diet with more emphasis on healthy oils—nuts, seeds, olive oil, and avocados.”

Trade up your groceries 
“I developed the NuVal nutritional profiling system (nuval.com) to help people make healthier choices at the supermarket. Food scores are shown on shelf tags so you can compare nutrition along with prices. For instance, an apple scores a healthy 96, while applesauce is only 4.” 


3) Heart Health

Arthur Agatston, M.D., medical director of wellness and prevention for Baptist Health South Florida, and author of the South Beach Diet 

The author of the bestselling South Beach Diet series has a confession: “When it comes to sweets, I have the least willpower of anyone in my family,” says Dr. Agatston. “My wife helps me stick to the South Beach Diet Three-Bite Rule: Three bites of any dessert satisfies you without triggering your desire to keep eating.” And he notes that sticking to his signature approach—good carbs, good fats, lean protein—has meant he craves sugary or starchy foods far less often than he used to.

Eat breakfast every day 
“People who skip the morning meal tend to have higher cholesterol and insulin levels and a larger waist circumference— all risk factors for heart disease.”

Go gluten-free for a month
“As healthy as whole grains are, I realized not long ago that certain ones might be problematic for some people—including me—who can’t tolerate gluten, the protein found primarily in wheat and barley. Giving up gluten is not for everyone, but I advise many of my patients to try it for a month and see how they feel. Quite a few report that their gastrointestinal problems, skin rashes, and other health issues resolve.”

Go to bed! 
“Insufficient or poor sleep taxes your body and raises your risk of diabetes, heart disease, depression, and weight gain. You don’t metabolize food properly and have less willpower to stave off cravings for sugary and starchy carbohydrates.”

Mix up your diet 
“There are literally thousands of healthful micronutrients in fruits, vegetables, whole grains, and legumes that protect not just your heart but your entire body. They interact in complicated ways that we have been unable to reproduce in a pill.”

Know what the animal you’re eating ate 
“An animal that was grass-fed in pastures is leaner and its meat has more good omega-3 fats and less bad fat than one that was fed grain, kept in a pen, and given antibiotics and hormones.”

Snack on nuts 
“A protein- and fiber-rich snack keeps you energized, gives your body a steady stream of good nutrients to digest (which keeps your metabolism revved), and leaves you less vulnerable to blood sugar swings. Almonds, my favorite, have vitamin E and protein and more fiber than any other nut.”

4.) Emotional Wellness

Andrew Weil, M.D., director at the Arizona Center for Integrative Medicine at the University of Arizona and the author of Spontaneous Happiness 

You might expect someone like Dr. Weil, who specializes in the health of the mind as well as the body, to have a complicated stay-healthy routine. But for this bestselling author, wellness comes down to three basics: “Be physically active every day, spend time in the company of positive people, and, of course, eat a diet based on whole foods, not processed ones.” To really relax, learn how to Calm Your Mind with Meditation.

Hook into fish 
“There’s growing evidence for the power of anti-inflammatory foods like fish to enhance both physical and emotional health. I choose only sustainable fish, such as sockeye salmon and sardines, that are low in mercury, PCBs, and other environmental contaminants.”

Build immunity naturally 
“I take a daily mixed mushroom supplement for optimal immunity. When I travel I take astragalus root capsules to help protect against colds and flu.”

Choose organic
“I avoid the fruits and vegetables on the Environmental Working Group’s ‘dirty dozen’ list unless I can find organic versions. These 12 are apples, celery, strawberries, peaches, spinach, imported nectarines, grapes, bell peppers, potatoes, domestic blueberries, lettuce, and cucumbers. If you can’t go organic with all your food, at least choose organic when you buy these 12 foods.”

Breathe away the stress 
“This exercise calms your nervous system. Do it at least twice a day, more often if something upsetting happens or if you are having trouble falling asleep. Place the tip of your tongue on the roof of your mouth behind your upper front teeth. Exhale through your mouth making a whoosh sound. Inhale through your nose to a count of 4, hold your breath for a count of 7, and exhale with a whoosh through your mouth to a count of 8. Repeat this cycle four times.”
source: http://www.menshealth.com/best-life-magazine/what-doctors-eat

Friday, November 23, 2012

The Last

[Girl]
Hey! How many were there before me?
[Guy]
What do you mean?
[Girl]
How many girls did you love before me?
[Guy]
Love, five, I loved five women before you.
[Girl]
What were their names?
[Guy]
Who? What? When? Where? Why?
[Girl]
Can you tell me about them?

[Guy]
Who I loved was a girl from college. I wasn’t exactly close to her, but with some superficial facts and a few interactions over a semester, you know, like most guys fantasizing over a girl they barely know, I filled in the blanks like a fairy tale author. And who she became in my head, was probably more than the reality. She was a third year sorority girl. Yeah and I was an infatuated freshman, sure, but the several times we got to spend together outside of class, it really allowed me to see she also had a good heart and a bright spirit. The only problem was, so did just about every other guy. And while she turned me down nicely, I swear there were times when it seemed like the cliche sorority girl may have felt something for the typical, awkward freshman.

What I loved was an old friend, but she was much more than just a friend. We met early in college, kept in touch through the years after. We saw each other grow and change and through multiple relationships. I saw her different boyfriends come and go. She was also there for every girlfriend and breakup of mine.
Personality, humor, taste, it was all there. Her and I were almost perfect. The only thing that wasn’t perfect was our timing. We were never single at the same time. What we loved about each other was never enough to leave who we were with. This is something we eventually had to face and accept, and we had to leave behind what we had.

When I loved was my first girlfriend in high school. It’s a bit unfair because she embodies the combination of both love and youth. The feeling of young love is unique and impossible to replace or replicate because we can only be that age once. High school was a time of innocence, discovery, and adventure. We shared these three elements together in things like our first kiss, late night sneaking out, and matinee movies, all of which now have become a nostalgic love, preserved in a time neither of us can touch, but know was there. Even though we were just kids, there’s not a doubt in my mind that when we were there, we were in love.

Where I loved was the girl I met in Los Angeles. I never intended to stay there that long. It was just a six month internship after graduating. But it all changed when I met her. Soon, a year had passed, and somehow, another year after that. I couldn’t leave the city. I couldn’t leave her. Maybe it was my desire to be on my own or prove something to everyone back at home, but she helped me accomplish it over there with a relationship reflective of the city we were in, an new energy, new experiences, that really pushed me to mature more than anyone or anywhere else. When people ask what city I love the most, I say LA. The city where I lived the most.

Why I loved was a close friend of mine who passed away. She told me after she was diagnosed that death was not what saddened her the most, but the fact that she never really felt like she had fallen in love. She wouldn’t get to have them emotions, good and bad, of being hurt and of being held. After she passed, those words stuck with me the most, teaching me to see that one of the great gifts we have of being alive is the ability to give and receive and even lose love. There are so many like her, whose lives end before having any of those experiences. What a waste if we don’t strive to love in our lives. She made me understand why. Why waste this life not loving?
[Girl]
I understand now.
[Guy]
You’re the sixth.
[Girl]
Sixth, so which one am I then?
[Guy]
You’re none of them because you’re all of them. You are who I love; the girl on the pedestal, the fantasy the make-believe things that are actually true. You are what I love; the depth, the inside jokes, the best friend. You are when I love; a new history is being started with you. We are the young lovers our older selves will someday reminisce about. You are where I love: because I’d go anywhere, just to be with you. You are why I love: because before you, I didn’t truly understand what I was looking for. Now that we found each other, you’ve given my past and future meaning. You are the sixth. You are the last.
[Guy]
So, how many were there before me?
[Girl]
Five is all.
[Guy]
What were their names?
[Girl]
Who? What? When? Where? Why?

p/s:courtessy of Wong Fu Productions

Thursday, November 22, 2012

The Importance of Being a Sharp Dressed Man

Clothes make the man.Naked people have little or no influence on society ~Mark Twain
Perhaps you’ve heard the following:
“The days of wearing a suit are gone.”
Casual Friday? It’s casual week around here. No one cares how you dress.”
“Appearances are irrelevant, only results matter.”
All of these statements ignore the fact that people have and will continue to judge you by your appearance.The harsh reality is that we make decisions about people within the first 3 seconds of meeting them; we then spend the next 90 seconds trying to confirm our first impressions.This means that before you even open your mouth you’ve been sized up and profiled. Knowing this, a person should always dress neatly, professionally, and appropriately.The fact is you never know who you are going to meet; at anytime you may run into a potential client, a future employer, or for those singles out there, the love of your life. And like it or not, they are going to form their initial impression of you based off of how you look.
Over the next few months I’m going to be writing quite a few articles on men’s style and grooming.But before getting started, I wanted to make the case for why you should care about your personal appearance.We live in a society that overall tends to dress down; our national uniform is a pair of jeans and t-shirt.If you care about your appearance and take action to improve it, you will stand out from the crowd.But that’s not a bad thing.

How Your Personal Appearance Affects You

The transformation effectOne of the powers of clothing is that it can transform an individual’s state of mind. Dress like a professional businessman and you’re more likely to act like a professional businessman. Taking a test soon? Students report that they perform better when they dress-up for an exam.Feeling sick in the morning? Women have used the power of dressing-up to shrug off sickness for years.The transformative effect is powerful and instantly effective; what’s most amazing is that so few people use it.
Dressing professionally improves self disciplineFrom the Roman Legion to the United States Marine Corps, the world’s finest militaries have known that sharp dressed soldiers are more disciplined than ragtag militias.Military dress inspections have persisted not because shiny boots win wars, but because the exercise teaches a military force to pay attention to the details. And it’s in the details that battles are won.
In the same way, a person who dresses professionally learns the value of self discipline.They learn that planning and allotting enough time are paramount for consistent results.They prepare for the day by thinking through it, anticipating their needs, and taking the proper steps to ensure they can meet the challenge. A disciplined dresser can arrange his outfit to meet his needs from 8AM to midnight, from office to presentation to drinks after work.
Appreciation and respectProperly clothing yourself takes time; shirts need to be ironed, shoes shined, and jackets brushed.Perhaps the greatest lesson this teaches is to respect the effort put forth by our fellow human beings.When you meet another well dressed man you give him an extra measure of respect because of his outfit; you notice the perfect dimple in his tie and appreciate it because it took you 15 minutes and 5 attempts to perfect your own. Mutual respect between gentleman is garnered when they recognize the efforts each has put forth.

How Your Appearance Affects Others

The power of visualsNumerous communication studies have demonstrated the power of visuals in human interaction.Some studies have shown that visual cues are 3X to 5X as powerful as audio cues.With clothing covering 90% of your body, it can’t be stressed enough as to how important a role it plays in how you are perceived by others.Want faster & better service in a restaurant?Look like you have money and wear a navy blazer.Want to increase your chances for an A on a college presentation? Wear a sports jacket and pair of slacks.Want instant credibility in a business environment?Wear a suit when making the pitch or meeting with management.
First impressionsMade within a few seconds, first impressions are powerful and should not be taken lightly. We often observe a person before we speak with them, and being human we look to make sense of what our eyes are showing us.Using our personal experiences, we categorize individuals; we pick-up on a key feature that has meaning to us and then associate that person with it. If what you are wearing is doing all the talking for you, make sure it is sending the message you want.
The power of colors and patternsColors and patterns are very powerful; certain ones grab our attention, some accentuate our natural tones, and others affect our emotions.When choosing colors and patterns a man should first understand which ones work for him and which ones do not.Next, he needs to determine what message he wants to send.A man decked out in a pin-striped navy blue suit, blue shirt with white contrasting collar and cuffs, and a red tie screams power and authority.A man wearing a solid brown suit with an earth tone shirt and light colored tie signals trust and openness.Both men were wearing suits, but two very different messages were being conveyed.
Influence and authority
Image from Silver Feast
Former San Francisco 49er Coach Mike Nolan fought to wear a business suit on the sidelines during football games.One of the reasons for this was that he wanted to make it easy to spot the man in charge.The men’s suit, whose heritage stems from military garb, was designed to highlight a man’s strengths.When cut properly and made with a fabric that compliments the wearer, it signals authority and commands attention. But this is only the tip of the iceberg – a policeman’s uniform, an airline pilot’s clothing, a doctor’s white jacket – all of these garments assure us that the person we are dealing with is an authority in their field.
Positive assumptionsWell dressed people are given a leg up in many respects – they are often perceived as being smarter, funnier, and more enjoyable to be around.Taking this a step further, dressing professionally can help you appear more important to the success of your company and may even help you hold onto your job.Assuming all other factors being even, who does management let go – the technician who dresses well and can be put in front of a client or the guy who doesn’t own a suit.In this current economic downturn, every small detail matters.

Is It Manly to Care About Your Appearance?

A few examples of manly men who cared and continue to care about their appearance:
Dwayne Wade – Does an excellent wearing suits cut to compliment his height; he also is very good at coordinating his pocket squares with his ties
Winston Churchill
Winston Churchill – He loved the “puff” pocket square and knew how to wear a polka dot bow tie.
Image from Archie
Sean Combs – P. Diddy has modernized classic style for a whole generation of young men.He wears a 3-piece suit masterfully, and pays homage to the great dressers before him. His clothes add to his commanding presence and charismatic personality.
Ronald Reagan
Ronald Reagan – Always dressed smartly in clean cut power suits that accentuated his shoulders; he also loved cuff links.

Final Note

You shouldn’t judge a book by its cover, but in our fast paced society a book’s cover can be just as important as its content.Of course appearances are not everything; you have to perform well to succeed.But in a competitive world it pays to understand the importance of your clothing and grooming. Investing the proper resources into your personal presentation will multiply your ability to succeed.
by ANTONIO on OCTOBER 30, 2008 · 

Wednesday, October 31, 2012

Amazing Life Lessons From Albert Einstein


10 Amazing Life Lessons You Can Learn From Albert Einstein


Albert Einstein has long been considered a genius by the masses. He was a theoretical physicist, philosopher, author, and is perhaps the most influential scientists to ever live.

Einstein has made great contributions to the scientific world, including the theory of relativity, the founding of relativistic cosmology, the prediction of the deflection of light by gravity, the quantum theory of atomic motion in solids, the zero-point energy concept, and the quantum theory of a monatomic gas which predicted Bose–Einstein condensation, to name a few of his scientific contributions.


Einstein received the 1921 Nobel Prize in Physics “for his services to Theoretical Physics, and especially for his discovery of the law of the photoelectric effect.”

He’s published more than 300 scientific works and over 150 non-scientific works. Einstein is considered the father of modern physics and is probably the most successful scientist there ever was.

10 Amazing Lessons from Albert Einstein:
  1. Follow Your Curiosity

    “I have no special talent. I am only passionately curious.”

    What piques your curiosity? I am curious as to what causes one person to succeed while another person fails; this is why I’ve spent years studying success. What are you most curious about? The pursuit of your curiosity is the secret to your success.

  2. Perseverance is Priceless
    “It's not that I'm so smart; it's just that I stay with problems longer.”

    Through perseverance the turtle reached the ark. Are you willing to persevere until you get to your intended destination? They say the entire value of the postage stamp consist in its ability to stick to something until it gets there. Be like the postage stamp; finish the race that you’ve started!

  3. Focus on the Present

    “Any man who can drive safely while kissing a pretty girl is simply not giving the kiss the attention it deserves.”

    My father always says you cannot ride two horses at the same time. I like to say, you can do anything, but not everything. Learn to be present where you are; give your all to whatever you’re currently doing.

    Focused energy is power, and it’s the difference between success and failure.

  4. The Imagination is Powerful

    “Imagination is everything. It is the preview of life's coming attractions. Imagination is more important than knowledge.”

    Are you using your imagination daily? Einstein said the imagination is more important than knowledge! Your imagination pre-plays your future. Einstein went on to say, “The true sign of intelligence is not knowledge, but imagination.” Are you exercising your “imagination muscles” daily, don’t let something as powerful as your imagination lie dormant.

  5. Make Mistakes

    “A person who never made a mistake never tried anything new.”

    Never be afraid of making a mistake. A mistake is not a failure. Mistakes can make you better, smarter and faster, if you utilize them properly. Discover the power of making mistakes. I’ve said this before, and I’ll say it again, if you want to succeed, triple the amount of mistakes that you make.

  6. Live in the Moment

    “I never think of the future - it comes soon enough.”

    The only way to properly address your future is to be as present as possible “in the present.”

    You cannot “presently” change yesterday or tomorrow, so it’s of supreme importance that you dedicate all of your efforts to “right now.” It’s the only time that matters, it’s the only time there is.

  7. Create Value

    “Strive not to be a success, but rather to be of value."

    Don’t waste your time trying to be successful, spend your time creating value. If you’re valuable, then you will attract success.

    Discover the talents and gifts that you possess, learn how to offer those talents and gifts in a way that most benefits others.

    Labor to be valuable and success will chase you down.

  8. Don’t Expect Different Results

    “Insanity: doing the same thing over and over again and expecting different results.”

    You can’t keep doing the same thing everyday and expect different results. In other words, you can’t keep doing the same workout routine and expect to look differently. In order for your life to change, you must change, to the degree that you change your actions and your thinking is to the degree that your life will change.

  9. Knowledge Comes From Experience

    “Information is not knowledge. The only source of knowledge is experience.”

    Knowledge comes from experience. You can discuss a task, but discussion will only give you a philosophical understanding of it; you must experience the task first hand to “know it.” What’s the lesson? Get experience! Don’t spend your time hiding behind speculative information, go out there and do it, and you will have gained priceless knowledge.

  10. Learn the Rules and Then Play Better

    “You have to learn the rules of the game. And then you have to play better than anyone else.”

    To put it all in simple terms, there are two things that you must do. The first thing you must do is to learn the rules of the game that you’re playing. It doesn’t sound exciting, but it’s vital. Secondly, you must commit to play the game better than anyone else. If you can do these two things, success will be yours!

Monday, October 29, 2012

Federal Confusion


Access to justice is a fundamental human right. There should be no doubt whether one is procedurally entitled to file a case or not because lawyers and litigants rely on judicial precedent to guide their conduct in litigation.
Rule 137 of the Rules of the Federal Court states as follows:
For the removal of doubts, it is hereby declared that nothing in these Rules shall be deemed to limit or affect the inherent powers of the Court to hear any application or to make any order as may be necessary to prevent injustice or to prevent an abuse of the process of the Court.
The Federal Court in a series of inconsistent decisions have caused much confusion as to whether Rule 137 allows a review of its previous decisions.
In the most recent (Jan 18, 2012) reported case Simpang Empat, the Court held that Rule 137 could be invoked. On the Bench were Sharif, Maarop and Lah FCJJ.
On Jan 26, 2012, V. Anbalagan of the NST reported that in Panflex, the Court held not:
The apex court says it cannot review its own judgments
A FEDERAL Court bench has ruled that it is unconstitutional and illegal to review an earlier judgment of the apex court.
Federal Court judge Tan Sri Mohd Ghazali Mohd Yusoff said the Constitution and the Courts of Judicature Act (Coja) 1964 did not provide the apex court the jurisdiction to review such substantive matters.
“This court cannot sit as a court of appeal,” Ghazali said in his judgment, which dismissed a review application by Panflex Sdn Bhd over a breach of contract case decided last year.
He said paving the way for a appeal would open the floodgates and cause further uncertainty in the law.
“It would be intolerable and most prejudicial to the public if cases, once decided by the Federal Court, could be reopened and reheard.”
The judgment was made available on Jan 16.
Judges Datuk Hashim Yusof and Datuk Ahmad Maarop were the other members who reached the unanimous decision.
Ghazali said the Rules Committee, which enacted Rule 137 of the Federal Court Rules, could not confer jurisdiction to the Federal Court to review its own ruling.
The panel also indicated that only a constitutional amendment could confer authority to the Federal Court to reopen a matter already decided.
Ghazali, who retires tomorrow, said the apex court was the “court of last resort” after the right to appeal to the Privy Council was abolished.
He said unlike India, the Malaysian Constitution did not empower the Federal Court to review its own decision.
Ghazali said the Constitution only allowed the Federal Court to hear matters by way of reference from a High Court, by the Yang di-Pertuan Agong for a legal opinion or by federal law.
He said Coja was a federal law and the Federal Court was only empowered to hear leave to appeal applications and civil appeals.
There have been conflicting decisions by several Federal Court benches whether Rule 137 could be relied upon to rectify an injustice or abuse of the court process.
Malaysian Bar president Lim Chee Wee said Ghazali’s judgment was inconsistent with previous Federal Court decisions.
He said in at least two judgments, the apex court, among others, had held that in order to succeed under Rule 137, the applicant must show that there was injustice.
“A court of final instance must be equipped with residual jurisdiction to rehear its own earlier decision in a fit and proper case, but it must be done in exceptional cases.”
Lim said the uncertainty caused must be resolved by another enlarged Federal Court bench.
On the Bench were Ghazali, Hashim Yusoff and Maarop FCJJ.
With regard to using Rule 137 to review previous Court of Appeal decisions, a similar pattern has now arisen.
It was thought settled that litigants could not rely on Rule 137 to review Court of Appeal decisions: see Sia Cheng Soon (2008) not following Eric Chia.
On Nov 14, 2011, this position changed. The Federal Court in the Kota Siputeh case reinstatedEric Chia and held that Rule 137 may be used. On the Bench were Makinudin, Hashim Yusoff and Maarop FCJJ.
Reading Panflex and Kota Siputeh together as being the latest Federal Court pronouncements on the issue, the net result is that Rule 137 may be invoked to review previous Court of Appeal decisions but not previous Federal Court decisions.

Saturday, October 27, 2012

Drug Weight Discrepancy



This will get you killed in Malaysia!
The recent Federal Court decision of Loh Kah Loon v PP [2011] 5 CLJ 345 (coram of Zulkefli Makinudin, Raus Sharif and Abdull Hamid Embong FCJJ) decided on 26 April 2011 is a worrying decision if it is a barometer of the court’s current and future attitude towards criminal cases. The judgment is also worrying if that is the general quality of consideration and thoroughness the bench holds itself to in deciding capital offence cases. When that decision is considered and juxtaposed with the Federal Court decision of Yusri bin Pialmi v PP [2011] 4 MLJ 533 (coram of Zaki Azmi CJ, Zulkefli Makinudin and Abdul Hamid Embong FCJJ) and Tan Yew Choy v PP[2009] 4 CLJ 245 (coram of Alauddin Mohd Shariff PCA, Ariffin Zakaria CJ (Malaya) and Zulkefli Makinudin FCJ), it raises interesting questions about the dynamics of decision making at the Federal Court bench.
The case of Loh Kah Loon
Loh Kah Loon relates to an accused charged pursuant to section 39B(1)(a) of the Dangerous Drugs Act 1952 for trafficking 115.54 grams of methamphetamine. It is important to bear in mind that this provision carries the sentence of hanging until death upon conviction to appreciate the magnitude of Loh Kah Loon‘s injustice.
The sole issue raised by the learned counsel, Encik Hisham Teh Poh Teik, was about the identity of the drugs. His argument ran as follows: there is a doubt about the identity of the drugs because the investigating officer (commonly referred to as the ‘IO’) testified that thegross weight of the drugs was 200 grams at the time of arrest but the chemist found that thenet weight of the drugs at the time of testing was 214.74 grams. Since there was no explanation by the prosecution as to how the weight of the drugs increased between the time of arrest and testing, there was a reasonable doubt as to whether the drugs Loh was charged with was the actual drugs he was caught with.
This argument by the time Loh‘s case came up was not new. A similar argument was raised and found success in the Federal Court decisions of Yusri Pialmi v PP [2010] 6 CLJ 878 , Tan Yew Choy [2009] 4 CLJ 245 and Yeong Kia Heng v PP [1992] 1 CLJ 364 (Hashim Yeop Sani CJ (Malaya), Harun Hashim and Gunn Chit Tuan SCJJ). Following those line of authorities, how Lohshould have been decided was obvious.
However, the Federal Court unanimously dismissed his appeal for the following reasons (Raus Sharif FCJ (now PCA) wrote the judgment):
  1. The cases of Yusri Pialmi and Tan Yew Choy can be distinguished based on the facts.
  2. In Yusri Pialmi, the issue of weight was not the only issue – it was linked to the issue of a break of the chain of evidence.
  3. In Tan Yew Choy however the ratio decidendi was in respect of the judge’s failure to resolve the discrepancy of the weight of the drugs between that recorded by the raiding officer and the investigating officer.
  4. In Yeong Kia Heng, the case can be distinguished because there were other issues aside from the weight discrepancy; there was also variance between the police and chemist with regard to the odour and description of the heroin.
  5. The courts below (the High Court and the Court of Appeal) felt that the prosecution should not lose the case on this issue.
  6. On the facts of Loh the weight was not a ‘borderline’ case since it was 65.24 grams in excess of the presumptive limit.
A critical analysis of Loh Kah Loon
Clearly, an important step in the ratio of the judgment is the correctness in distinguishing the cases of Yusri Pialmi, Tan Yew Choy and Yeong Kia Heng from Loh Kah Loon. It is therefore necessary to consider precisely what these cases decided.
A consideration of Yeong Kia Heng
Raus FCJ in Loh Kah Loon said the following about the case:
The case of Yeong Kia Heng is also distinguishable on the facts from the present case. In that case, the investigating officer said the weight of the heroin was 113 grams whilst the chemist said it was 102.85 grams. But that was not the only issue. The then Supreme Court found that there were discrepancies between the evidence given by the police and the evidence given by the chemist with regard to the odour and description of the heroin tendered in court. [Emphasis mine]
However, this is how Gunn Chit Tuan SCJ wrote the judgment:
Keterangan yang tersebut di atas menunjukkan kecacatan dalam pembuktian identiti barang kes yang menjadi subjek pendakwaan terhadap perayu. Kecacatan itu menjadi subjek pendakwaan terhadap perayu. Kecacatan itu menjadi lebih ketara apabila keterangan dari pihak polis dibandingkan dengan keterangan pegawai kimia berkenaan dengan berat barang kes. Mengikut pihak polis berat barang kes ialah 113 gram. Ini ialah keterangan daripada Insp. Che Nor Ismail (SP5). Mengikut keterangan pegawai kimia (SP2) pula, berat barang-barang yang diterimanya dari pihak polis ialah 102.85 gram, iaitu perbezaan lebih dari 10 gram.
Berdasarkan kepada keterangan-keterangan yang tersebut di atas wujudlah satu keraguan yang serius berkenaan dengan identiti barang kes. Memandangkan kepada keterangan sebegini rupa berkenaan dengan identiti-identiti barang kes, perayu sememangnya tidak dikehendaki dipanggil untuk membela dirinya di atas pertuduhan itu. [Emphasis mine]
So although Gunn Chit Tuan SCJ did appreciate that there were other facts that went towards calling the drug exhibit into question, his Lordship said that the fact that there was a difference of more than 10 grams between the net weight and gross weight made it lebih ketara (more clear) that there was a reasonable doubt raised as to its identity. The difference in weight was therefore not simply corroborative but confirmatory.
It is also unclear where Raus FCJ found a discrepancy regarding the ‘odour’ of the drugs since this was not mentioned anywhere in the Gunn Chit Tuan’s judgment. What is more the onlydifference in description was that the arresting officer described it as ketul-ketulan berwarna merah jambu (pink lumps) whereas the chemist describes it as seruk berwarna merah jambu(pink powder). When Gun Chit Tuan’s judgment is carefully read, the weight discrepancy was not simply a supportive factor but a crucial fact to deciding that there was a reasonable doubt raised about the identity of the drug.
A consideration of Tan Yew Choy
Raus FCJ said the following in distinguishing this decision:
In Tan Yew Choy, the issue was more on the failure of the learned trial judge in not resolving the doubt as to the weight of the cannabis. In Tan Yew Choy, the drug in question was cannabis. The statutory presumption of trafficking for cannabis under s. 37(da)(vi) of the DDA is 200 grams. However, the raiding officer and investigating officer indicated that the weight of the cannabis was 205 grams. Whereas according to the chemist, the total weight of the cannabis was 224.65 grams. Thus, the amount of the cannabis which was the subject matter of the charge was just 5 grams as weighed by the investigating officer or 24.65 grams as weighed by the chemist for the statutory presumption of trafficking to be triggered. However, the learned trial judge failed to address the issue, which according to this court is of particular importance. This is because the weight is a borderline amount that can trigger the statutory presumption of trafficking under s. 37(da)(vi) of the DDA. [Emphasis mine]
Zulkefli Makinudin FCJ wrote the judgment for Tan Yew Choy. Although paragraphs 10 – 12 of the judgment are most relevant, I think it suffices to reproduce paragraph 12 to demonstrate the point:
[12] We are of the view that if we were to accept the reasons given by the learned trial judge as representing the correct law it means that the identity of the exhibit when it is first recovered is immaterial as ultimately what is important is the weight as determined by the chemist. With respect, this is not the law. In the present case the appellant has shown there is a discrepancy in that the nett weight of the cannabis as determined by the chemist exceeded the gross weight of the cannabis when they were first recovered by the police. It would therefore follow that the prosecution cannot be said to have proven the offence of trafficking beyond reasonable doubt against the appellant. A reasonable doubt has been created as to whether the cannabis that was recovered by the police that was sent to the chemist for analysis is the same substance that is found to be cannabis and it is in respect of that substance that the appellant is charged with trafficking. (See the case of Gunalan Ramachandran & Ors. v. PP [2004] 4 CLJ 551). On this ground alone the appellant would succeed in his appeal. [Emphasis mine]
So although Zulkefli Makinudin FCJ did remark that ‘the learned trial judge erred in law in not resolving this aspect in favour of the appellant bearing in mind that this is a borderline case where the weight of the cannabis is 224.65 grams and that amount is only 24.65 in excess of the amount of 200 grams to attract the statutory presumption of trafficking under section 37(da) of the Act’, what his Lordship meant was that the issue of weight difference should have been resolved in the accused’s favour by ruling that there was a doubt in respect of the identity of the drugs. What is more Raus FCJ appears to have overlooked the last sentence of the quote above which clearly states that the sole issue of a discrepancy in the weight of the drugs would enable an accused to succeed in his appeal.
A consideration of Yusri Pialmi
Raus FCJ’s remarks in relation to this case is as follows:
“In Yusri bin Pialmithe difference in the weight was not the only issueThere was another issue ie, the issue of a break in the chain of evidence, which this court held to be fatal to the prosecution’s case.”
“…”
“In Yusri bin Pialmi, this court basically found there was doubt as to the identity of the exhibit ie, the cannabis. It is because the movement of the cannabis was not clearly explained by the prosecution witnesses. However, in the present case, the movement of the exhibits was well explained. PW3, the raiding officer testified that from the time he took possession of the exhibits at the place of incident until he handed them over to the investigating officer (PW8), the drug exhibits were under his personal custody and control.” [Emphasis mine]
Zulkefli Makinudin FCJ who wrote the judgment opined as follows:
The appellant had shown there was a discrepancy in that the weight of the cannabis as determined by the chemist exceeded the weight of the cannabis when they were first recovered by the police. According to the chemist, the total weight of the cannabis contained in the two packages was 1850.21 grammes. However, the investigating officer in his evidence stated that he weighed the cannabis and found the total weight to be 1840 grammes. This in turn resulted in creating a doubt as to the identity of the cannabis. The prosecution could not be said to have proven the offence of trafficking beyond reasonable doubt against the appellant. A reasonable doubt had been created as to whether the cannabis that was recovered by the police that was sent to the chemist for analysis was the same substance that was found to be cannabis and it was in respect of that substance the appellant was charged with trafficking. A defect with regard to the identity of the case exhibit in the present case was a serious matter. On this ground alone the appellant would succeed in his appeal. [Emphasis mine]
Considering Yusri Pialmi, Tan Yew Choy and Yeong Kia Heng collectively
Now it has been demonstrated that both the Federal Court decisions of Yusri Pialmi and Tan Yew Choy clearly decided that the issue of weight discrepancy with regards to the drugs (particularly when the net weight is higher than the gross weight) would allow an accused to succeed in his appeal on that ground alone. There was no need for this issue to be bound up with other issues such as a break in the chain of condition for an accused to succeed. It has also been demonstrated that the Supreme Court decision of Yeong Kia Heng was not properly consideredA proper consideration of all these cases would show that there was no basis whatsoever to distinguish all these three cases from Loh Kah Loon be it on the facts or the law.
How Loh Kah Loon was actually decided
Paragraphs 10 and 11 of the judgment set out how the courts below decided the case:
“[10] The issue of discrepancy on the weight of the drug exhibits P7A & B has been extensively discussed by both at the High Court as well as the Court of Appeal. The High Court after a lengthy discussion on this issue, took the view that the prosecution’s caseshould not fail just because the nett weight of the drug exhibits as found by the chemist was higher than the gross weight as found by the police. The High Court found it as a fact that the drug exhibits recovered by PW3 was the same drug exhibits sent by PW8 to PW4 for analysis and subsequently produced in court as evidence. The High Court has no doubt as to the identity of the drug exhs. P7A & B as there was no break in the chain of evidence as to their movement.”
“[11] The Court of Appeal agreed with the finding of the High Court.”
So essentially, the High Court and Court of Appeal did not want to acquit Loh Kah Loon simply because there was a weight discrepancy in the drugs. How they went about it was cunning. They decided that because there was no break in the chain of evidence (i.e. the movement of the drugs was accounted for at every stage of movement from one officer to the other and its storage place), there was no doubt raised about the identity of the drugs relating to the charge. Raus FCJ endorsed this position and opined the following:
It can be seen from the above that there was no break in the chain of evidence regarding the exhibits. The identity of the exhibits was well established. Thus, on the facts of this case, the difference in the weight of the exhibits as found by the police and the chemist, by itself cannot be said to have created doubt as to the identity of the exhibits. The real question is whether the exhibits recovered by the police is the same exhibits sent to and examined by the chemist and subsequently produced in court as evidence. We have no doubt that it was the same exhibits.” [Emphasis mine]
So it seems that the law on this issue has changed so quickly and dramatically from 14 June 2010 (when Yusri Pialmi was decided) and 26 April 2011 (when Loh Kah Loon was decided). A critical reading of Loh Kah Loon would leave one with the impression that the Federal Court in that decision was justifying a decision as opposed to deciding it based on previous authorities. There appears to be an attempt to depart from previously and recently decided decisions to change the law on the issue of weight discrepancy of the drugs from being an issue that could by itself win an appeal to one that needs to be bound together with other issues in order to succeed.
It is hard to understand how Loh Kah Loon can be considered satisfactory since the decision leaves this crucial questioned unanswered: How on earth can there be an increase in the net weight of the drug from the gross weight? This question is not addressed at all by Raus FCJ in his Lordship’s decision and it is noteworthy that there is no reasonable explanation provided inLoh Kah Loon to account for the increase. That such a crucial question is left unanswered is especially appalling when it involves a capital offence case. Loh Kah Loon is going to hang to death despite there being no satisfactory explanation about the weight discrepancy.
What is significant is that there was no dissent from Abdull Hamid Embong FCJ who sat on Yusri Pialmi and Zulkefli Makinuddin FCJ who sat and wrote the judgments for both Yusri Pialmi andTan Yew Choy. It should be especially obvious to Zulkefli Makinuddin FCJ that Raus FCJ was not accurate in his appreciation of his judgment in Yusri Pialmi and Tan Yew Choy. It should be noted that Raus FCJ does not say that his judgment was read in draft by his learned brothers who approved of it. All the same, that Zulkefli Makinudin FCJ should remain so mute in the face of such improper considerations of his very own judgment is surprising.
It would seem that the standard of proof required in criminal cases to convict an accused has been lowered from beyond a reasonable doubt to even if got a reasonable doubt.