Lim Chooi Huat&1lagi V Pendakwa Raya

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RAYUAN JENAYAH NO.: P-05-295-11/2011 & P-05-296-11/2011 (Perbicaraan Jenayah Pulau Pinang No.: 45-10-2011)

Abdul Malik bin Ishak, JCA Azahar bin Mohamed, JCA Mohd Zawawi bin Salleh, JCA

[1] This appeal arises out of the judgment of the Penang High Court, in which the court had convicted both the appellants under section 39B(1)(a) of the Dangerous Drugs Act 1952 (“DDA 1952”) and sentenced them to the mandatory death sentences prescribed under section 39B(2) of the DDA 1952.

[2] Being aggrieved by the said impugned convictions and sentences, the appellants have now appealed to this Court.

[3] We have heard learned counsels for the appellants and learned Deputy Public Prosecutor at some length. We have gone through the records available before us. In our view, the learned trial judge’s decision does not suffer from any patent legal infirmity requiring interference by this Court. Accordingly, we unanimously dismissed the appeals and affirmed the convictions and sentences passed by the High Court.

[4] We now give the reasons for our decision.

The Charge

[5] The appellants were charged and tried with the following offence:

“Bahawa kamu bersama-sama pada 14 Mei 2010, jam lebih kurang 3.00 petang di hadapan TESCO, Jalan Tengku Kudin 1, Gelugor, di dalam daerah Timur Laut, di dalam negeri Pulau Pinang, dengan niat bersama memperedarkan dadah berbahaya sejumlah berat 97.10 gram (27.4 gram Heroin dan 69.7 gram Monoacetylmorphines) dan dengan itu kamu telah melakukan suatu kesalahan di bawah seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 yang boleh dihukum di bawah seksyen 39B(2) Akta yang sama dibaca bersama seksyen 34 Kanun Keseksaan.”.

Facts of the Case

[6] The facts giving rise to this appeal have been fully set out in the judgment of the learned trial judge. Our narration of them, here, will therefore be skeletal in nature. Whenever necessary in this judgment some of the facts relating to specific issues will be examined in greater detail.

[7] The police had set up a task force to conduct drug suppression operation. This is an undercover operation by police officers to arrest unsuspecting drug traffickers. For the purpose of this operation, Sjn. Mohd Redzuan Yap (SP4) acted as the 1st agent provocateur and he was partnered with Kpl. Mohd Iskandar, who was tasked to carry the flash money in the amount of

RM87,000.00. The 2nd agent provocateur, Kpl Govindasamy (SP6), was tasked to accept the delivery of drugs at a different location. SP6 was partnered with L/Kpl Than.

[8] On 12/05/2010, at about 5.30 p.m., SP4, L/kpl Than and an informer went to Restaurant Aliyar to meet up with the 1st appellant (nicknamed ‘Apai’). The informer introduced the 1st appellant to SP4, who nicknamed himself as ‘Topoi’.

[9] SP4 and the 1st appellant bargained for the sale and purchase of heroin. The 1st appellant agreed to supply 10 pounds of heroin, at the price of RM8,700.00 for every pound. The informer and L/Kpl Than did not participate in the negotiation.

[10] On 14/05/2010, the 1st appellant had called SP4 twice to enquire about the proposed purchase. During the second phone call, SP4 also spoke to one ‘Ah Hoe’, who also enquired about the proposed purchase, and instructed SP4 to proceed to the 1st appellant’s CD shop at Jalan Macallum.

[11] Upon arriving at the CD shop, SP4 saw the 1st appellant was accompanied by the 2nd appellant, who was identified as ‘Ah Hoe’. The 1st appellant enquired about the money. The flash money, contained in a plastic bag, was handed over to the 1st appellant who

passed the bag over to the 2nd appellant. Having counted the money, the 2nd appellant placed the plastic bag inside a drawer.

[12] The 2nd appellant then made a call to an unknown person informing that the money was adequate. The 2nd appellant then instructed the 1st appellant to fetch and deliver the drugs to SP6. SP4 had given the 1st appellant a mobile number in order for him to contact SP6.

[13] Both SP4 and the 2nd appellant then went to Restaurant Seven Star, located next to the CD shop. Earlier, SP4 took the plastic bag containing the flash money that was put in the drawer by the 2nd appellant and promised to give the money back once the drugs were delivered.

[14] At about 2.23 p.m., SP6 received a phone call from the 1st appellant enquiring about his whereabouts. SP6 informed the 1st appellant that he was at Restaurant Pelita, Tesco, Gelugor. While on a lookout, L/Kpl Than saw the 1st appellant on a motorcycle (PFR 6753) stationed at a nearby road. L/Kpl Than then called out to the 1st appellant and waved his hand.

[15] SP6 walked up to the 1st appellant and enquired about the drugs. The 1st appellant pointed towards the bag in the carrier

basket of the motorcycle. SP6 opened the bag and saw several translucent plastic bags containing powdery and granular substances believed to be heroin. SP6 then scratched his head several times, a pre-arranged signal to arrest the 1st appellant.

[16] Inspector Hilmi (SP8) rushed forward to arrest the 1st appellant and a struggle ensued. SP8 identified himself as a police officer and examined the bag. He found 10 translucent plastic bags containing powdery and granular substances believed to be heroin. The drugs were seized and chemistry analysis confirmed them to be dangerous drugs, having a total weight of 97.1. grammes (27.4 grammes of heroin and 69.7 grammes of monoacetylmorphines).

[17] Inspector Gan (SP7), received a call from SP8 at about 3.25 p.m. informing him of the arrest of the 1st appellant and the seizure of the drgus. SP7 then went to Restaurant Seven Star and arrested the 2nd appellant.

The Defence Case

[18] The appellants presented an entire different story. The 1st appellant denied having participated in the negotiations concerned with the sale of drugs in this case. It was his friend ‘Macau’ who spoke to SP4 at Restaurant Aliyar on the first occasion. The 1st

appellant asserted that the bag containing the offending drugs belonged to ‘Macau’. He denied any knowledge as to the contents of the bag.

[19] According to the 1st appellant, he went to Tesco to meet up with Macau’s friends on Macau’s request. He was supposed to guide them back to Jalan Macallum as Macau’s friends were not familiar with the roads in Penang. He rode Macau’s motorcycle because Macau told him to do so as Macau’s friends recognized the registration number. The bag containing the offending drugs was already in the carrier basket.

[20] The 2nd appellant’s defence was that he did not negotiate with SP4. He denied having received and counted the flash money. He had no physical possession of the offending drugs. His presence at the CD shop and the restaurant was a mere coincident.

[21] Both appellants did not deny the presence of SP4 at the CD shop. However, they maintained that the 1st appellant had refused to accept a parcel from SP4, to be delivered to ‘Macau’.

The Grounds of Appeal

[22] The appellants are now before us, urging reversal of the decision of the learned trial judge on the following grounds:

(a) that the 1st appellant has no knowledge as to the contents of the bag placed in the carrier of the motorcycle;

(b) that the 2nd appellant has no physical possession of the bag which contained the offending drugs;

(c) that the non-calling of one Ng Kim Fuan (owner of motorcycle) attracts the invocation of adverse inference against the prosecution’s case; and

(d) entrapment.

Ground (a) & (b): Custody, Control and Possession of the Drugs

[23] We will deal with grounds (a) and (b) of the appeal together.

[24] Learned counsel for the 1st appellant contended that his client can hardly be said to be in possession of the offending drugs since he has no knowledge of the contents of the bag.

[25] In respect of the 2nd appellant, learned counsel contended that the trial judge erred in the finding of 2nd appellant’s culpability through SP4’s evidence that:

(i) the 2nd appellant was present when SP4 delivered the money;

(ii) the 2nd appellant had made a telephone call through his mobile phone; and

(iii) he instructed the 1st appellant to deliver the drugs to SP6.

[26] It was the 2nd appellant’s contention that mere presence could not be considered as pre-concert to traffic the said drug without any supporting evidence. Further, there was no finger prints lifted from the flash money to establish that the 2nd appellant had counted the money.

[27] In response, learned deputy public prosecutor submitted that the appellants were charged with common intention to commit the offence. And that the evidence adduced must be considered as a whole including the overwhelming evidence that the appellants acted together to effect the sale of drugs to SP4 and SP6.

[28] With respect, the submission of learned counsel for the appellants is devoid of any merit. It is essential to bear in mind that the prosecution founded its case of trafficking on the sale of dangerous drugs to SP4 and SP6, the agent provocateurs. The definition of ‘trafficking’ in the Act is wide and includes not only carrying, keeping and concealing, but also buying or selling. (See Public Prosecutor v Saari Jusoh [2007] 2 CLJ 197).

[29] The principles of law on common intention under section 34 of the Penal Code had been clearly stated in the Supreme Court case of Namasiyiam Doraisamy v. PP & Other Cases [1987] 1 CLJ 540; [1987] CLJ (Rep) 241. Syed Agil Barakbah SCJ, in his judgment, had this to say:

“In law, common intention requires a prior meeting of the minds and presupposes some prior concert. Proof of holding the same intention or of sharing some other intention, is not enough. There must be proved either by direct or by circumstantial evidence that there was (a) a common intention to commit the very offence of which the accused persons are sought to be convicted and (b) participation in the commission of the intended offence in furtherance of that common intention.

Where the prosecution case rests on circumstantial evidence, the circumstances which are proved must be such as necessarily lead only to that inference. Direct evidence or a prior plan to commit an offence is not necessary in every case because common intention may develop on the spot and without any long interval of time between it and the doing of the act commonly intended. In such a case, common intention may be inferred from the facts and circumstances of the case and the conduct of the accused. (The Supreme Court (of India) on Criminal Law 1950-1960 by JK Soonavala page 188 to 193).”

[30] In the same vein, the Indian Supreme Court in Suresh & Anor v State of U.P. 2001(3) SCC 673, had the following to state pertaining to section 34 of the Indian Penal Code which is in pari materia with our section 34:

“Section 34 of the Indian Penal Code recognises the principle of vicarious liability in the criminal jurisprudence. It makes a person liable for action of an offence not committed by him but by another person with whom he shared the common intention. It is a rule of evidence and does not create a substantive offence.

The section gives statutory recognition to the commonsense principle that if more than two persons intentionally do a thing jointly, it is just the same as if each of them had done it individually. There is no gainsaying that a common intention pre-supposes prior concert, which requires a pre-arranged plan of the accused participating in an offence. Such a preconcert or preplanning may develop on the spot or during the course of commission of the offence but the crucial test is that such plan must precede the act constituting an offence. Common intention can be formed previously or in the course of occurrence and on a spur of moment.

The existence of a common intention is a question of fact in each case to be proved mainly as a matter of inference from the circumstances of the case.

The dominant feature for attracting Section 34 of the Indian Penal Code (hereinafter referred to as “the Code”) is the element of participation in absence resulting in the ultimate “criminal act”. The “act” referred to in latter part of Section 34 means the ultimate criminal act with which the accused is charged of sharing the common intention. The accused is, therefore, made responsible for the ultimate criminal act done by several persons in furtherance of the common intention of all. The section does not envisage the separate act by all the accused persons for becoming responsible for the ultimate criminal act. If such an interpretation is accepted, the purpose of Section 34 shall be rendered infructuous. Participation in the crime in furtherance of the common intention cannot conceive of some independent criminal act by all accused persons, besides the ultimate criminal act because for that individual act law takes care of making such accused responsible under the other provisions of the Code. The word “act” used in Section 34 denotes a series of acts as a single act. What is required under law is that the accused persons sharing the common intention must be physically present at the scene of occurrence and be shown to not have dissuaded themselves from the intended criminal act for which they shared the common intention. Culpability under Section 34 cannot be excluded by mere distance from the scene of occurrence. The presumption of

constructive intention, however, has to be arrived at only when the court can, with judicial servitude, hold that the accused must have pre-conceived result that ensued in furtherance of the common intention. A Division Bench of the Patna High Court in Shatrughan Patar & Ors. v. Emperor [AIR 1919 Pat 111] held that it is only when a court with some certainty hold that a particular accused must have preconceived or premeditated the result which ensued or acted in concert with others in order to bring about that result, that Section 34 may be applied.”.

(See also Sabarudin bin Non & Ors v P.P [2005] 4 MLJ 37).

[31] In the instant appeal, there is more than credible and cogent evidence from SP4 and SP6 to establish that the appellants acted in concert in the sale of the drugs. The preparatory act for the purpose of trafficking drugs covers a series of continuing acts. The negotiation to sell heroin on the 1st occasion was spearheaded by the 1st appellant. SP 4 was later introduced to the 2nd appellant. The 2nd appellant had checked the money, made a phone call to an unknown person informing that the money was adequate, then instructed the 1st appellant to fetch and deliver the drugs. The 1st appellant met up with SP6 and pointed towards the bag in the carrier basket when SP6 enquired about the drugs.

[32] On the facts and circumstances of this case, it clearly showed that the 1st appellant had knowledge of the contents of the bag and he was not a mere conduit pipe. Therefore, we are in entire agreement with the learned trial judge in finding that there was clear evidence of sale or supply of drugs by the 1st appellant for the purpose of both appellants jointly handing it over to SP6 in exchange for payment as earlier agreed.

[33] There was no iota of evidence which points to the involvement of ‘Macau’. If indeed ‘Macau’ was the real trafficker of the offending drugs, it would be unreasonable for the 1st appellant not to have revealed ‘Macau’s’ name to the police at the earliest opportunity, as it would have absolve him from being charged with the offence. The learned judge had explained why he was not convinced with the 1st appellant’s defence, as he had doubted its plausibility. We are of the view that his Lordship did not err in making such a finding in the light of the overwhelming evidence against the 1st appellant.

[34] We also find ourselves unable to agree with the learned

counsel’s submission that lack of fingerprinting evidence would cast

a doubt to the prosecutions’ case. Fingerprint evidence would be of

great significance when the culprit’s identity is in question. In the

present case, the alleged trafficking was in the form of sale and there

is evidence showing the identities of the alleged offenders and the sale transaction. Therefore, fingerprint evidence on the flash money assumes little significance.

[35] With regard to the 2nd appellant’s defence, the learned trial judge had rejected it and deemed it as bare denial. On the totality of the evidence before the court, we find the learned trial judge’s decision on the 2nd appellant’s defence was justified. We have no reason to disturb his finding.

Ground (c): Presumption of adverse inference

[36] Learned counsel for the 1st appellant mounted an attack on the failure of the prosecution to call the owner of the motorcycle, thereby occasioning the application of the presumption of adverse inference against the prosecution’s case.

[37] Learned Deputy Public Prosecutor admitted that statement was taken from the motorcycle owner. However, she argued that the prosecution has a discretion whether or not to call a particular witness as all essential witnesses to unfolding the narrative on which the prosecution is based were called. Therefore, the discretion had been exercised in a manner in which the appellants suffered no prejudice or unfairness. She further argued that the presumption

does not arise in the present case as there was no withholding of evidence and Ng Kim Fuan was offered to the defence.

[38] A number of witnesses may have observed a criminal transaction and have their statements taken by the police. However, it is not necessary for the prosecution to produce each and every one of them. All that is required from the prosecution is to produce witnesses whose evidence can be believed so as to prove the case beyond reasonable doubt. It is clear law that adverse inference under illustration (g) of section 114 Evidence Act can only be drawn if there is withholding or suppression of evidence. [See Munusamy v. Public Prosecutor [1987] 1 MLJ 492 (SC), Pekan Nenas Industries Sdn Bhd v. Chang Ching Chuen [1998] 1 MLJ 465 (FC)]

[39] In Raghubir Singh v State of U.P., AIR 1971 SC 2156, the Indian Supreme Court had this to say:

“Material witnesses considered necessary by the prosecution for unfolding the prosecution story alone need be produced without unnecessary and redundant multiplication of witnesses. The appellant’s Counsel has not shown how the prosecution story is rendered less trustworthy as a result of the non-production of the witnesses mentioned by him. No material and important

witness was deliberately kept back by the prosecution. Incidentally we may point out that the accused too have not considered it proper to produce those persons as witnesses for controverting the prosecution version.”.

[40] In our considered view, counsel’s arguments are without merit. We have examined the evidence with care and we agreed with the learned Deputy Public Prosecutor that the prosecution had discharged its burden by calling all essential witnesses to establish its case beyond reasonable doubt. Furthermore, Ng Kim Fuan was offered to the defence at the close of prosecution’s case. The defence could have called him if they so wished.

Ground (d): Entrapment

[41] Learned counsel for the 1st appellant submitted that since this case was based on a trap set up by the police, the court must be cautious with the evidence adduced by the prosecution. In support of his submission, learned counsel cited the case of R v. Looseley [2001] 4 ALL ER 897, in which Lord Nicholls of Birkenhead stated as follows:

“Every court has an inherent power and duty to prevent abuse of its process. This is a fundamental principle of the rule of law. By recourse to this principle courts ensure that executive agents of the state do not misuse

the coercive, law enforcement functions of the courts and thereby oppress citizens of the state. Entrapment, with which these two appeals are concerned, is an instance where such misuse may occur. It is simply not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. That would be entrapment. That would be a misuse of state power, and an abuse of the process of the courts. The unattractive consequences, frightening and sinister in extreme cases, which state conduct of this nature could have are obvious. The role of the courts is to stand between the state and its citizens and make sure this does not happen.”

[42] Learned counsel submitted that the underlying principle gleaned from the foregoing extract is that the court may exercise its discretionary powers when confronted with the evidence of an agent provocateur. The court may exclude the evidence, or grant a stay of proceedings to prevent an abuse of process.

[43] Before we consider the merits or otherwise of the appellants’ submission, we must reiterate that the local position on entrapment is still consistent with the decision of R v. Sang [1979] 2 All ER 1222, and it is not a valid defence to a charge. Lord Diplock said (at 437) that “The court is not concerned with how the evidence was

obtained. It is no ground for the exercise of discretion to exclude that the evidence was obtained as the result of the activities of an agent of provocateur.”.

[44] Our answer to the counsel’s submission is, it is common for the police to employ the use of agent provocateurs due to difficulty faced in detecting the crime. It has been proven to be effective in unveiling the identities of drug traffickers and having them out of obscurity. In the fight against the drug menace, the legislature has deemed it fit that evidence of an agent provocateur be admissible. Section 40A(1) of the DDA 1952 provides that no agent provocateur shall be presumed to be unworthy of credit by reason only of his having attempted to abet or abetted the commission of an offence if the attempt to abet or abetment was for the sole purpose of securing evidence against such person. It is an established principle of law that an agent provocateur’s evidence requires no corroboration and that an accused person can be convicted on the uncorroborated evidence of the agent provocateur if the court accepts the truth of the evidence (see Wan Yurillhami Wan Yaacob & Anor v. PP [2010] 1 CLJ 17, Namasiyiam Doraisamy v. PP & Other Cases [1987] CLJ (Rep) 241, Tee Thian See v. Public Prosecutor [1997] 5 CLJ 654;

[1996] 3 MLJ 209 and Public Prosecutor v. Mohamed Halipah

[1981] CLJ 238 (Rep); [1981] CLJ 92; [1982] 1 MLJ 155).

[45] Section 40A(2) of the DDA 1952 states that “any statement, whether oral or in writing made to an agent provocateur by any person who subsequently is charged with an offence under this Act shall be admissible as evidence at his trial”. The subsection denotes that the court has no discretion to refuse to admit evidence by an agent provocateur.

[46] We are mindful that in the present case, the prosecution’s case was based primarily on the evidence of SP4 and SP6 to prove the ingredients of the offence. The trial judge had indeed subjected the evidence of both witnesses to the closest scrutiny before accepting them. Therefore, there was no error warranting appellate intervention into the learned trial judge’s finding.

[47] To our mind, even if the principles espoused in the English case above is applicable in the local context, it does not render any assistance to the appellants. The court in Looseley observed that if the circumstances showed that the police had overstepped the boundary by holding out excessive or unfair inducement, the court may stay the proceedings to prevent abuse of process. After a

careful reading of the appeal record, we find that the policemen’s conduct could not be regarded as objectionable or excessive inducement.

[48] In this regard, it will be instructive to refer the following passage of the case of Nottingham City Council v. Amin [2000] 2 All ER 946, cited in Looseley:

“It has been recognised that the law enforcement agencies have a general duty to the public to enforce the law and it has been regarded as unobjectionable if a law enforcement officer gives a defendant an opportunity to break the law, of which the defendant freely takes advantage, in circumstances where it appears that the defendant would have behaved in the same way if the opportunity had been offered by anyone else. ”

[49] In R v Mack [1988] 44 S.C.C. (3rd) 513 (S.C.C.), the Supreme Court of Canada stated that with respect to the crime of drug trafficking, the state must be given substantial leeway. This offence “is not one which lends itself to the traditional of police investigation”. The court added that it is a “crime of enormous social consequences which causes a great deal of harm in society generally. The court concluded that “this factor alone is very critical” [At page 560]. (See

also Mohamed Emran bin Mohamed Ali v. Public Prosecutor

[2008] 4 SLR 411).

[50] In his last attempt to clutch at the elusive legal straws, learned counsel argued that the entrapment carried out by the police officers constituted a reason for the court to exercise its discretion to convict them on a lesser offence (i.e possession) instead of that arising out of the entrapment (i.e. trafficking). The appellant cited the case of Ong Chin Keat Jeffrey v. Public Prosecutor [2004] 4 SLR 483 in support of his arguments.

[51] We took the view that the 1st appellant’s argument in this regard was without merit. As we have alluded to earlier, the prosecution had succeeded in proving all the requisite elements of trafficking. The mere fact that the police officers happened to play the role of purchasers did not detract from the fact that the appellants were trafficking in dangerous drugs. The facts and circumstances of the present appeal does not warrant the court to amend the charge to one dealing with a lesser offence.

[52] After having read the appeal record, we are satisfied that no miscarriage of justice was occasioned in this case. The appellants

had every opportunity to raise a reasonable doubt in the prosecution case. Further, the learned trial judge did consider the appellants’ defence in detail at the end of which, his Lordship was satisfied that the prosecution had proved its case beyond reasonable doubt.

[53] In the result, the appeals were dismissed and the convictions and sentences imposed by the learned trial judge affirmed.

Dated: 28 January 2014 sgd.

Court of Appeal Malaysia

Counsel for the Appellants: Salim bin Bashir Bhaskaran In appeal P-05-295-11/2011 Messrs. Salim Bashir Ruswiza & Co.

No. 54A, Tingkat 1, Blok 4 Worldwide Business Park Jalan Wushu 13/47, Seksyen 13 40675 Shah Alam Selangor

Counsel for the Appellants: Kitson Foong

In appeal P-05-296-11/2011 Tetuan Ahmad Zaidi & Partners

J-1-10, Block J, Jalan PJU 1A Taipan Damansara 2 Ara Damansara 47301 Petaling Jaya Selangor

Counsel for the Respondent: In appeal P-05-295-11/2011 & P-05-296-11/2011 Aslinda Ahad Timbalan Pendakwa Raya Jabatan Peguam Negara Bahagian Perbicaraan dan Rayuan No. 45, Persiaran Perdana Presint 4 62100 Putrajaya.

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The changes in seasons and how it affects us by Michael Ryan

By Michael Ryan

The Climactic factors are:

In terms of EPF we may not have control over the weather but we do have control over our relationship with it and how it affects us. Eating foods in season is one way to counter the effects of seasonal change. Foods that grow in Spring in and Summer tend to be more Yin in nature and have a more cooling and calming effect on us. Foods grown in Autumn and Winter show a seasonal progression towards being more Yang in nature and therefore are more warming, activating, protecting in nature. In TCM, the actions of Wei Qi or defensive chi are consistent with the actions of the immune system. Wei Qi is more Yang in nature, although there is a more physical Yin component to it and generally it is enhanced in Autumn and Winter by foods to promote more Yang in the body.

In TCM we are always looking to maintain a healthy balance of Yin and Yang and we do, of course, have to take the external Climatic factors into account in order to do this. To maintain a balance of Yin and Yang in Summer we need to consume more Yin foods to counter the external Yang and in Winter we consume more Yang goods to counter the external Yin, therefore, maintaining balance within the body.

Wind, in TCM is the spearhead of attack, once it enters the body it allows other pathogens to follow. During the recent storm the wind was quite fierce and combined with cold and damp. The liver is particularly susceptible to being agitated by wind. Many patients report that they don’t mind the cold and rain so much but they hate the wind. Wind can give rise to pain, stiffness, tremors and seizures in the body and can also lead to dryness. Wind, when combined with damp and heat/cold, gives rise to what the Chinese refer to as Bi syndrome which is consistent with what we describe in western medicine as arthritis. This initially manifests on a superficial level with pain in the Jingluo, acupuncture meridians and, over time, can descend into the joints and organs.

Wind EPF attack can also lead to cold and damp penetrating the external vessels where it does battle with the Wei Qi. If the Wei Qi is overcome it will initially go to the lungs, the uppermost and outermost organ of the body. This of course manifests in the symptoms of cold and flu that we tend to experience, primarily in Winter and Autumn but is not uncommon in Spring or even Summer. Spring is the season associated with the liver and wind often predominates in Spring, agitating the liver and giving rise to EPF attack.

Depending on the origin and progression of dis-ease we approach treatment in different ways. In the early stages when the Wei Qi is “up” and fighting infection, we do not want use a tonification treatment and risk strengthening the EPF. We look to expel the external pathogen and rid the excess. Acupuncture and cupping can be effective in drawing excess to the surface while we can use herbs that are effective in draining dampness and expelling wind. In EPF that is hasn’t yet progressed beyond the surface, Gua Sha (spooning) can be effective in moving it.

When it has progressed to the lungs, we look to drain dampness and expel the EPF. Again we don’t want to risk tonification, especially with herbs, so we look to reduce the excess. In TCM we always look to reduce the excess first before progressing to strengthening any weakness which may have given rise to the EPF attack in the first instance.


Zoo Babies presented by Hendricks Regional Health

Cubs, pups, calves, chicks — no matter what they're called, baby animals are adorable! At the Indianapolis Zoo, our animal breeding efforts are a key part of our animal conservation mission as they help to ensure the sustainability of a healthy, genetically diverse and demographically varied animal population. Learn more about the babies born recently at the Zoo. Thanks to our friends Hendricks Regional Health for presenting our Zoo Babies.

Addra Gazelle

On Sept. 29, 2017, the Zoo welcomed baby Carina into the world. Carina is a rare addra gazelle, a species that is critically endangered. The Zoo’s animal care staff noticed that Carina was not receiving any maternal care from her rst-time mom. Staff stepped in to hand-rear Carina to ensure the calf would thrive – in the photo, you can see one of our staff members Laura taking care of our calf. Carina was bottle-fed several times a day and received all the care she would have gotten from her mom.

While addra claves are mostly brown when they're born, the color fades to white as the grow. Carina is still noticeably smaller than the adults in her herd, but she's starting to show the adult coloring and her horns are also growing in. She's energetic and playful, and has started venturing outside with the rest of the addra herd. We are excited to report that she is doing great. To catch a glimpse of the young gazelle, visit Plains as the temperatures warm up this spring and summer.

Greater Kudu

Our greater kudu herd has recently expanded! A male calf, Hasani, was born on Sept. 28, 2017, to mother JoJo and father Bakari. An experienced mom, JoJo is caring and attentive to her calf. The herd has been going outside together on nice days and the youngster has enjoye d exploring his new surroundings.

Greater kudus are native to eastern and southern Africa. These woodland antelopes can weigh up to 600 pounds, however females are noticeably smaller than males. Their tan coats marked with thin, white stripes offer great camouflage on the arid African savannas. [more ...]

In the wild, female kudus will form groups of mothers and calves. Moms will give birth in areas of tall grass that provide the babies with protection from predators, which is especially important during the first few weeks. During that time, kudu mothers spend most of their time grazing and only tend to the calves for short periods to nurse. When the calf is a little older, mom returns and the two spend the next several months together bonding. [close]

We have some tiny new arrivals in our Deserts Dome! Five chuckwalla babies hatched in the Dome in mid-September. At birth, they weighed less than 10g each and easily fit into the palm of a keeper's hand. Right now, they look very different than our adults, with zebra-striped tails and bright orange bands on their backs that will fade as they grow, slowly changing to the gray and brown tones that are characteristic of adults.

Native to the western United States and into northwestern Mexico, these reptiles like to live in desert regions around lots of rocks that provide basking spots as well as shelter and protection. Females lay 5-10 eggs in a clutch, hidden in rocky crevices. While they will protect the eggs until they hatch, the juveniles are left to fend for themselves after hatching.

Cownose Rays

Three cownose ray babies were born June 30, July 23 and July 31 in our Oceans area. The babies, all of which we believe are female, are already exploring their new home. It's easiest to spot the newcomers when they're next to the adults because they are so much smaller, and they'll still remain that way for a while.

Found from New England all the way down to South America, cownose rays can swim in schools of up to 10,000 in the wild, migrating up and down the coast while they hunt for fish along the ocean floor. Also known as cowfish, it's easy to see how these rays get their names because their foreheads look like a cow's nose. [more...]

Although the babies start out in eggs, they hatch out while still inside the mother, and she gives birth to a live pup following nearly a year-long pregnancy. The babies are born tail-first with their wings folded over their bodies almost like a taco shell. Newborn rays are independent from the start, and our babies are already munching on fish just like the adults.

Although U.S. populations of cownose rays are stable, the species is near threatened in South America, which makes the births here all the more exciting! [close]

Ring-Tailed Lemur

Our ring-tailed lemur troop just grew — by two! Mom Bree gave birth to twin boys on April 2, 2017. We continued the Celtic/Gaelic tradition when choosing names. The red-haired baby is named Rooney, which literally means “red-haired.” He also has beautiful orange eyes. The grey-haired, yellow-eyed baby is named Quigley, which means “the maternal side.” Quigley's name is pretty fitting since he is most often seen riding on Bree's back and is also a bit more shy and hesitant to go off on his own. An experienced mom, Bree takes a relaxed but attentive approach to her newborns. Guests might see these adorable new arrivals holding tight to mom's fur or exploring on their own.

The Zoo's troop of seven lemurs, including dad Finnegan, is adjusting well and welcoming the new babies. [more ...]

Native to the island of Madagascar, these endangered animals live in large, highly social groups led by a dominant female. Following a pregnancy that lasts around 20 weeks, females typically give birth to a single infant, though twins will happen occasionally.

Although males often leave the troop once they reach maturity, females typically remain in the same family group throughout their lifetime. In fact, Teagan, Bree's daughter born in 2013, is still part of the Zoo's troop and is regularly grooming Bree and her new babies.

Sumatran Orangutan

The Indianapolis Zoo's first orangutan baby is here and her name is Mila, which is pronounced MEE-lah and means "dear one." Sirih, our 23-year-old Sumatran orangutan gave birth to Mila at 5:07pm on March 23, 2016.

At 1-year-old, Mila is an active youngster and can be seen climbing and exploring throughout the Atrium under the watchful eye of Sirih and "aunties" Knobi and Nicky. So far she isn't picky when it comes to her diet. Always sneaking the biggest piece of food she can get away from mom, Mila especially loves her fruit.

Orangutan mothers spend seven to 10 years actively bringing up a baby. Sirih will model what life as an orangutan looks like for her daughter, as the youngster learns to climb, build nests and interact with surroundings including the other apes, Keepers and Zoo visitors. [more...]

Sumatran orangutans are critically endangered in the wild with only about 6,500 left. Orangutans are found in the wild only on the islands of Borneo and Sumatra, and these critically endangered great apes continue to face increasing threats, primarily habitat loss due to agricultural development for crops like palm oil. Mila is an ambassador for her species, and will engage and empower visitors to play a role in conservation efforts.

Sirih and first-time father, 14-year-old Basan, were recommended as a breeding pair through the Association of Zoos and Aquariums' Species Survival Plan, a program ensuring a sustainable, genetically diverse and demographically varied AZA population. [close]


Sol Dance Company was founded in the ancient Old City of Be'er Sheva, in 2016.

The ensemble is comprised of 8 dynamic and unique dancers who inspire and create an artistic atmosphere. The dancers and work reach the audience in an intimate and human manner. SOL Dance Company is the house company of the 'House Of Dance Be'er Sheva', there, the dancers and the Artistic Director Eyal Dadon, are exploring and developing their dance langauge and their approach in different ways to movement, society, music and life.


Aquatic Weed Control:

Pond Construction

Pond Maintenance

Windmill aerators

Barley Straw

TopFilm adjuvant

Weed Cutting

and Dyes

waterland banner aquatics 114

Aquatic Weeds Controlled

Windmill Aerators

Why Aeration is important:

The main source of nutrients in lakes comes from the sediment in the lake.  Controlling where the nutrients end up is very important in controlling nuisance algal blooms; creating a healthy sediment microbial flora; and managing organic sediment decomposition rates.  A well oxygenated sediment surface will always produce a healthy lake ecosystem.

Increasing the oxygen concentration at the sediment surface layer by forced aeration prevents phosphate dissolving in to the water, making it less available for algal growth.  Aeration also reduces the release of ammonium from the sediment and again limits the availability of nitrogen to algae.  Rooted plants, which you need for a healthy ecosystem also benefit as nutrients in the sediment are still available for uptake by roots and healthy growth.

In winter, deep lakes tend to stratify, with the bottom layer becoming anaerobic and nutrient rich.  When this turns over in the spring, all the nutrients released form the sediment become available for algal growth.  By aerating in winter when the layers form you can prevent nutrient enrichment in the spring and prevent algal blooms – it really is as simple as that!

In fisheries, ice cover can cause problems in winter, but a windmill aerator will keep areas of the surface free of ice cover, allowing fish to breathe and be fed.

We offer two sizes of diaphragm pump (single or double) on three heights of tower (16, 20 and 24 feet).  The higher the tower, the faster the average wind speed and the greater the aeration rate.  The smallest system will aerate up to 3 acres of lake at 20 foot deep with 1.5 cubic feet per minute of air, while the tallest system will aerate up to 6 acres of lake up to 33 feet deep with 3.5 cft of air per minute.

There is no maximum wind speed for the windmills, there are only three moving parts, maintenance is very simple (service kits available) and they come either in galvanised shiny steel or powder coated in a colour of your choice (we recommend invisible green)

Available to buy now through our online shop  at shopcreator.com


On the SWPLs, 5th PT, and Exit

Continue reading “On the SWPLs, 5th PT, and Exit”

On Restoration

James Fraser and Prince Charles Edward Stuart in Outlander

I have been watching small bits of the television series Outlander, which is mostly centered around the Jacobite rebellion of 1745, and it reminded me of a recurring fundamental theme of the neoreaction which I have perhaps insufficiently addressed. What we are trying to achieve is similar to what these Jacobites attempted, a restoration of the old order of society which was destroyed by the Whigs/liberals. At heart, I am a restorationist, and I am an ethnic nationalist. Though I am not a neo-Jacobite (I do feel it is a very romantic cause), I am certainly a restorationist of something much older, more permanent, and more general than Catholic monarchy; the tripartite aristocratic system of Indo-European societies. This, of course, includes monarchy and lower levels of aristocracy which all fall into the second function/estate. It also includes a first estate of priests (which can be Christians, pagans, or simply moral philosophers), and a third estate of free workers and merchants.

Aragorn/Elessar, Tolkien’s symbol of restoration

The fact that I favor this system is why I could never consider myself Alt-Right or a National Socialist; neither system is on the true right; they are incomplete, and really only responses to temporary problems.

Perhaps I am biased towards aristocracy because I myself have multiple lines of ancestry which were at one time aristocratic, including my paternal lineage which is most likely of Norman origin based on surname analysis (correction: my paternal lineage may not be Norman, based on Y-chromosome analysis), but I also recognize that democracy gives unfair advantage towards people of lower IQ who would use it to elect a simple wealth-redistributionist, and thus has some dysgenic effects. Democracy also creates a virtue signalling playground, and thus selects for the genetics of individuals who like to attract attention in such ways.

I think, borrowing from very early European monarchical systems among the Celts and Germans, that a monarch should, under necessary circumstances, be elected (probably by other aristocrats) from a royal family, so as to avoid being stuck with a mentally incompetent ruler who just happens to be heir to the throne.

Who would have the political power of an aristocrat? Possibly as in very early Germanic society, all land-owning men could be counted, who are ultimately vassals of the king. See these articles on the Germanic aristocratic order (12 (see section on law), 3).

As for what ideology each monarchy has; religious traditionalism, ethnic nationalism, or multiethnic capitalism; it must ultimately differ between different states. One single ideology (religious, ethnic, or otherwise) will not fit with each and every group of people for both cultural and biological reasons (which are usually intertwined with each other). It is essential we understand this when trying to advance the concept of an aristocratic form of governance to the normies.

Race as Property and Why the Alt-Right Exists

Ethnic Nationalism vs. White Nationalism

From Colin Woodard’s American Nations

I have felt compelled to write this post because I feel that I have not made it sufficiently clear why I defend the political views that I do on this blog. In time I may amend, or modify this post to clarify my position. It boils down largely to the fact that a house divided cannot stand. If a political nation includes large factions of people who disagree on everything political and hate each other’s guts for it, there is no reason to keep the country in one piece. Doing so results in wasteful damage to persons, property, and culture. In addition to this, the human species is biologically diverse, and without a means of preserving this biodiversity, it would be impossible to continue in whatever evolutionary path our particular ancestors have been in for tens of thousands of years up to the present time. Melting everyone into the same genetic pot would make whatever evolutionary adaptations we possess different to other human populations to be thinly dispersed in the human species at best, and in the case of recently evolved recessive traits, it would practically eliminate them. It would be like reversing the evolutionary clock of Homo sapiens at least 70,000 years back to the time when modern humans first entered Eurasia from Africa, before branching out into all different parts of the world. This was when our relative genetic variation was very small compared to today. I think that my concern is especially relevant due to the fact that modernity has removed many selective pressures which got us where we are, and the large human population of the earth combined with the modern ease of mobility would inhibit recent (as in a few tens of thousands of years old) evolutionary specializations from re-emerging and becoming easily fixed (widespread through selective pressures) through reproduction within small, insular human populations.

I consider myself a universal ethnic nationalist in that I have no problem with any ethnic group establishing a nation-state unto itself. I also think that if people desire to create a multi-ethnic nation-state, that this is fine just so long as all the parties joining do so voluntarily. In fact, I envision that a mixture of mono-ethnic, and multi-ethnic nation-states is probably a fairly bright future mankind can hope for in the next half-millennium. Both types of nation-states are good for different reasons, have different advantages and disadvantages, and ultimately will play different, but important roles on a global scale. So there it is. I am not a true fascist, nor am I an imperialist. Those of you who might wish to accuse me of such positions lack the basis to do so.

I would also like to note that ethnic, rather than just white nationalism would be the most beneficial for European-Americans, namely because of our diverse ancestry. For instance, someone of Anglo-Germanic ancestry such as myself has a distinct biological and cultural heritage from someone of Italian or Slavic ancestry. If we wish to preserve what our ancestors brought over from Europe, I don’t think pouring everyone into a giant stew pot and seeing what comes out is the way to do so.

Woden/Odin, the Germanic Varuna

-Update 1/3/2017-