The Persecution of Kassim Ahmad: A-G Gani Patail loses again


July 24, 2014

The Persecution of Kassim Ahmad: A-G Gani Patail loses again

by Din Merican

In the past two weeks, the mainstream media have been screaming the news that Kassim Ahmad had lost in his attempt to get leave to sue the Minister of Religious Affairs, the Syariah Chief Prosecutor and the Jabatan Agama Islam Wilayah Persekutuan (JAWI). It is as if they were gleeful that Kassim Ahmad had initially lost in the High Court and then failed to get a stay in the Court of Appeal.

The Malay media, especially Utusan Malaysia, portrayed that Kassim Ahmad will finally meet his doom in the Syariah Court for “menghina Islam”. That immediately made the already controversial Kassim Ahmad Islam’s Public Enemy No.1 in Malaysia.

But what stunned me most was that the Malay Muslim public was even quicker to label the counsel whoRosli Dahlan acted for Kassim Ahmad as also “bersubahat” or an accomplice to an enemy of Islam. Thus it was that my young friend Lawyer Rosli Dahlan who acts for Kassim Ahmad ended up being painted negatively as if he too was an enemy of Islam. I know Rosli to be a deeply religious person, and that such remarks would hurt him.

What most people do not realize is that Rosli is the 1st batch of the law graduates of the International Islamic University (IIU). I know Rosli is proud of his alma mater and fiercely loyal to the concept of justice taught by his mentor, the late Professor Tan Sri Ahmad Ibrahim.

I know that because on the occasions that I get to speak to him about civil rights including when we had lunch with the former US Ambassador John R Mallot, Rosli was passionate about the Rule of Law and justice and insisted that these two concepts are not just Islamic concepts but are the demands of the Syariah. John and I found that very refreshing that a UIA graduate is not insisting on the importance of implementing Hudud but was more concerned about the justice that an Islamic system would bring.

That gave me an insight as to why Rosli would defend Kassim Ahmad and persevered even as he faced initial failures when the High Court rejected his bid to seek Judicial Review against the Minister Agama, the Chief Prosecutor and JAWI. But today is a different story.

Today, most alternative media reported that Rosli succeeded in persuading the Court of Appeal that Kassim Ahmad should be given leave to challenge Minister Agama, the Chief Prosecutor and JAWI. Today, the Court of Appeal unanimously directed the High Court to hear the judicial review application filed by scholar -researcher and public intellectual Kassim Ahmad.

Today, Rosli perseverance in fighting for Kassim’s case paid off. Today, Rosli won against the A-G in Kassim Ahmad’s case (Malaysiakini’s report below).

But, one of the reporters also whispered something to me that many people may have forgotten. This is the end of Ramadan. In 2007, at this time of Ramadan, Rosli was brutalized by the MACC and that started his on-going battles since then with the AG and others whom he called the “rogues in government”.

What the reporter whispered to me was that after Judge Vazeer Alam ruled that the AG is not immuned from legal action brought by Rosli, A-G Gani Patail has been avoiding going to trial. And yesterday, A-G Gani Patail succeeded in getting a Stay Order so that Rosli’s case against A-G Gani Patail and 11 others will not see the light of to trial. READ : http://dinmerican.wordpress.com/2014/04/11/a-g-gani-patail-is-not-above-the-law/

I was sad for Rosli, here he is successfully fighting Kassim Ahmad’s case, but , unknown to many he suffers another personal tragedy when his own case against AG Gani Patail cannot go on. But I know Rosli, he will not yield. He will not surrender. He will persevere. He is a fighter and I know he will fight to the end until he thinks justice has been served!

____________________________________

Malaysiakini article on Kassim Ahmad’s Judicial Review bid

http://www.malaysiakini.com/news/269747

High Court must hear scholar’s review bid

by Hafiz Yatim@www.malaysiakini.com (07-24-14)

The Court of Appeal in a unanimously decision today ordered the High Court inKualaLumpur to hear the judicial review application filed by scholar Kassim Ahmad.In ruling that the civil court has jurisdiction to hear matters pertaining to questionable actions by Islamic religious authorities, the appellate court ordered the case to be remitted to the High Court to hear its merits.kassim-ahmadJustice Balia Yusof Wahi, who led the three-member panel, did not make an order as to costs. Sitting with him were Justice Mohtaruddin Baki and Justice Rohana Yusof.

Justice Balia said the court was satisfied that Kassim had passed the low threshold in establishing a prima facie case for the judicial review to be heard.He said the application related to the defendant (the religious authorities), being a public body, for initiating proceeding against Kassim, after he was charged under the Syariah Criminal Offences (FT) Act.

Appellant should not be shut off from remedy’

“The High Court judge concurred (in her judgment) that the issue is not confined solely to jurisdiction. The appellant is challenging the enforcement and administration of a public body. On this, the appellant should not be totally shut off from his remedy for judicial review and from ventilating the challenges,” the Judge said.The court, Justice Balia said, is also guided by the 1988 Supreme Court decision in the case of Mamat Daud, that an offence against an Islamic precept can be challenged by way of judicial review. “We therefore allow the appeal and order is granted for leave (permission) to hear the merits. We set aside High Court order (that it does not have jurisdiction),” he ruled.

Kassim, was represented by Rosli Dahlan , Bahari Yeow and Ahmad Khubayb, while senior Federal counsel Nor Hisham Ismail appeared for the Attorney-General’s Chambers.  Rosli also applied to the appellate court for a stay of Syariah High Court proceedings against Kassim, but this was objected to by Nor Hisham.

Following this, Justice Balia said he would order that an early date be fixed by the High Court. High Court judge Justice Zaleha Yusof on July 14 rejected Kassim’s application for a judicial review, following a preliminary objection by the Attorney-General’s Chambers that the court has no jurisdiction to hear the matter.

Kassim, 81, named Minister in the Prime Minister’s Department Jamil Khir Baharom, the Chief Syariah Prosecutor of the Federal Territories Islamic Affairs Department (JAWI)  and the Malaysian government as respondents when he filed the judicial review application last month.

He complained that JAWI acted overzealously in breaking down the door of his house in Kulim, Kedah, to arrest him and take him to Kuala Lumpur in March this year.

JAWI has not authority in Kedah’

The octogenarian complained that JAWI had no authority to make the arrest as it  should be confined to the Federal Territory and the fatwa against his book was only applicable there and not in Kedah.

Kassim was charged in the Syariah High Court in Putrajaya on March 27 for with deriding Islam, under Section 7(b) of the Syariah Offences (Federal Territories) Enactment 1997, in his talk at the Yayasan Kepimpinan Perdana seminar, which was organised by former Prime Minister Tun Dr Mahathir Mohamad in Putrajaya in February.

The scholar is charged with stating that people appear to idolise Prophet Muhammad and that the aurat of a woman does not include her hair. He is also charged under Section 9 of the same enactment with violating the instructions of the religious authorities in delivering those views and for citing two books he authored, which have been banned by the Federal Territories Islamic authorities.

On May 6, the authorities levelled another charge against Kassim, but the charge was not read out in court when recording his plea.

In his judicial review application, Kassim is seeking several declarations: to quash the actions taken by JAWI, which includes the issue of the warrant of arrest against him; to set aside the charges he faces; to compel JAWI to give him the relevant documents pertaining to the charge; and to stop the authorities from prosecuting him.

He also sought a declaration that JAWI’s action was contrary to the Federal Constitution and a declaration that the Federal Territory fatwa is only applicable to those who live there and not in Kedah.
________________________________

An Eminent former Judge and Chief Justice cannot tell the truth


July 8, 2014

A Tragedy when even an Eminent former Judge and Chief Justice cannot tell the truth

I was afraid I would become a ‘traitor’ to the Malays and Islam,” Former Chief Justice Tun Abdul Hamid Mohamad said. He was not truthful; he was not offered a place in a unity council, says source –www.themalaysianinsider.com

CJ of Malaya Hamid

Kadir Jasin on Najib’s Cabinet and Najib-Muhyiddin Partnership


June 25, 2014

DM at 75

COMMENT: Veteran newsman A Kadir Jasin has mocked Prime Minister Najib Abdul Razak over his latest cabinet reshuffle, which apart from the appointment of new faces, did not witness the much speculated shake-up. In truth, there is little that Najib can do with regard to changes to his Cabinet for two reasons.

First, he has to make sure that his support among UMNO ministers is solidly with him ahead of the impending UMNO General Assembly to prevent a no confidence vote against his leadership of the party, government and the country. Second, there is in reality a dearth of talent and competence in the Barisan Nasional coalition making it difficult for him to make any radical change. 

John Maxwell on Leadership

Najib must take decisive action on pressing issues facing our country, and prove his critics like me and  others  of my generation wrong. He has been at the helm of our nation since 2009, and that should be time enough for him to learn the ropes of governance, and do what is expected of him. He should lead our nation, and that means he should not pander in the name of politics to extremists, bigots and ultra-nationalists since he is Prime Minister for all Malaysians.–Din Merican

Kadir Jasin on Najib’s Cabinet and Najib-Muhyiddin Partnership

In line with his policy of appeasement towards the Chinese, making everybody happy and keeping things big, Prime Minister  Najib added three more Ministers to his cabinet and retained the rest.

The new Ministers are MCA President Liow Tiong Lai, his Deputy Dr Wee Ka Siong, and the Gerakan President, Mah Siew Keong. Liow is Transport Minister while Dr Wee and Mah are ministers in the Prime Minister’s Department.

With the new additions, he now has 34 Ministers to lord over. Ten of these people are in his department. There are 35 including him. This is not counting 28 Deputy Ministers. The MCA, despite its mediocre performance at last year’s general elections, also received three Deputy Ministers’ posts. The appointees are Vice-Presidents Datuk Lee Chee Leong (International Trade and Industry), Datuk Chua Tee Yong (Finance) and Datin Paduka Chew Mei Fun (Women, Family and Community Development).

So all the talks and speculations about Muhyiddin leaving and Hishammuddin going up are a waste of time and space. The Prime Minister and his merry men march on! Apologies: Mohd Najib was Finance Minister under Abdullah.

ORIGINAL POST–June 24, 2014

najib and his deputy

They need each other

NOT long before last year’s UMNO election, Muhyiddin Mohd Yassin, made known to allies that he would not challenge Mohd Najib Abdul Razak for the post of president and gave “tiredness” as his reason. When I asked him some time later, he repeated the same reason – penat. – Additionally he did not want to be accused of being unable to work with any Prime Minister having been instrumental in hastening (Tun) Abdullah Ahmad Badawi’s resignation as Prime Minister in 2009.

The excuse that he was tired was flimsy. I would have given some credence had he said he was to challenging Mohd Najib because the latter was doing a good job or something like that. I could not remember him saying such a thing. This latest talk that he wants out could have been members’ interpretation of his recent statements at party meetings that UMNO must prepare for succession and take steps to train younger leaders.

Muhyiddin isn’t exactly old. He is 67 and is not known to have health problem. The late (Tun) Abdul Ghafar Baba became Deputy Prime Minister at 61 and (Tun) Dr Mahathir Mohamad remained PM until he was 78.

Even if Muhyiddin has differences with Mohd Najib, it should not be an excuse for him to step down. Many UMNO leaders, including ministers, have issues with Mohd Najib. They should stay and fight for the party instead of forsaking it out of distaste for Mohd Najib.

PM Needs Muhyiddin

ON the other hand, Mohd Najib may shudder at the thought of not having Muhyiddin by his side in the cabinet. This is even more so if Muhyiddin’s intention is to spend time building up UMNO. That could be a dangerous proposition for Mohd Najib.

He needs Muhyiddin close to him for two reasons. First, Muhyiddin is popular with UMNO members. For that reason, Mohd Najib has left much of party work to him. Second, because of Muhyiddin’s popularity with UMNO members, it is risky for Mohd Najib to let him take charge of the party away from his scrutiny. He has to keep Muhyiddin in his sight. That could have been the reason why Mohd Najib came out strongly to deny that Muhyiddin was leaving the Cabinet.

But we have to take such a denial with a pinch of salt. Dr Mahathir too denied strongly the allegations against Anwar Ibrahim by Ummi Hafilda in 1997. Muhyiddin’s aides acknowledged that their boss had raised the matter of his “advancing” age with Mohd Najib.

According to them Mohd Najib told Muhyiddin that he needed him.But now there is a new twist to the issue. According to aides, Muhyiddin had started to feel uneasy when speculations that he was leaving the Cabinet began to spread in the press. He felt that there might be attempts to pressure him to leave or to make Mohd Najib feel that he can no longer rely on him (Muhyiddin).

The Hishammuddin Factor

Surely Muhyiddin is not unaware that there are others in UMNO who aspire to take over his job as DPM. hishamuddin-husseinFor a start, talks are rife that Mohd Najib is preparing his cousin, Hishammuddin Hussein (right) to take over the post although Hishammuddin himself is said to be uncomfortable with the speculation.He is said to have told friends that such a speculation could have a negative effect on his chances of advancing in the party and Cabinet.

Like Muhyiddin, Hishammuddin is a Johorian. It is well-known that Johor UMNO leaders do not always get along well with each other. And talk about Hishammuddin’s being groomed as Muhyiddin’s successor does not help to calm matters down.

Whether this is true or not will depend on where Hishammuddin goes when Mohd Najib finally reshuffled his Cabinet. It is widely speculated that Hishammuddin would take over the Finance Ministry from Mohd Najib.Whether or not Hishammuddin is a Finance Minister material is debatable. But if he is given the post he will automatically become very powerful although not a single Finance Minister had risen to become PM.

The unofficial version of the story had it that Muhyiddin had told a very senior Supreme Council member that he was leaving because he could not anymore cope with the goings-on in the government.Muhyiddin may remain DPM but may let go of the Education Ministry and take on a smaller portfolio so that he can spend more time managing UMNO but on condition that he remains loyal to Mohd Najib. Furthermore, under Mohd Najib’s 1Malaysia, Muhyiddin is its Malay face. His “Malay first” assertion is popular with the Malays, especially those in UMNO.

 

On Taiwan


 

June 20, 2014

Taipei, Taiwan

On Taiwan

by Din Merican

image

My wife, Dr. Kamsiah, and I spent the last few days in Taipei and its surrounds and met a number  of her Taiwanese counterparts. We asked them a lot of questions about their history, culture, their economy and government. While my wife was occupied with her course, I was  able to interact with them. Although those  we met and talked to were hampered by their limited English vocabulary and  we have zero knowledge of their language (Mandarin), we are able to understand why they are very proud of their country and its economic success but they are critical of their government. Off the bat, we can say that their society is an open one founded on democracy. They are a very hardworking and disciplined people.

I searched google and found a report from the Heritage Foundation, which confirms our cursory impressions of the country.  See below:

image

 

 image

 

 

image

 

image

 

A Critic Returns to Malaysia


A Critic Returns to Malaysia

by John R. Malott

27 MAY 2014

After the long journey from Washington, DC, I approached the immigration officer at Kuala Lumpur International Airport. It was Friday, May 16, 2014, and the moment of truth was at hand. Would they let me, a former US Ambassador to Malaysia, into the country? Or was I – someone who Asia Sentinel calls one of the Malaysian Government’s severest foreign critics – going to be barred from entering, when all I wanted to do was attend a wedding?

Despite concerns, former US Ambassador allowed past KL immigration to attend an Anwar family wedding

Despite concerns, former US Ambassador allowed past KL immigration to attend an Anwar family wedding

In February 2011, I wrote an op-ed for The Wall Street Journal-Asia (here).The basic theme was that the international image of Malaysia as a harmonious, multi-racial, multi-religious society was no longer valid. Instead, the Malaysian government was condoning and sometimes even provoking racial and religious tensions in order to shore up its political base among the Malay population.

I explained that many Malaysians, and especially the Chinese minority, were tired of being treated like second-class citizens in their own country and were leaving for better opportunities abroad. In fact, according to government statistics I cited, almost 500,000 Malaysians left the country between 2007 and 2009, more than doubling the number of Malaysian professionals who live overseas.

I thought it was important to tell the world to wake up and pay attention. Things were changing in Malaysia, and not necessarily for the better. The Journal editors attached the headline, “The Price of Malaysia’s Racism.” I knew that the article would be controversial, because it ran counter to the government’s carefully cultivated image promoted by a multi-million dollar public relations campaign in America and Europe. So the op-ed was well-documented.

Then all hell broke loose. While I was accustomed to being attacked by the so-called UMNO cybertroopers who stalk the internet, this time the comments were especially vile and even obscene. A few days later I read that Nazri Aziz, then a Minister in the Prime Minister’s Department, said he would propose to the cabinet that I be banned from entering Malaysia. Nazri said that because I had not visited Malaysia in years (actually I had been there just a few months before), I did not know the true situation. So his cure for my ignorance was to prevent me from ever visiting Malaysia again.

Two months later, the World Bank published a major 150-page report on Malaysia’s brain drain. It confirmed in great detail what I had said about Malaysian migration and its consequences. The Bank said that one million Malaysians (over 3 percent of the country’s population) were living overseas, including two out of every ten college graduates.

These people had the skills that Malaysia needs to escape the so-called middle income trap and take their country to a new level of development. The World Bank survey showed that the migrants still felt a strong personal attachment to their country, but their talents were no longer available to Malaysia.

When the Bank asked members of the Malaysian diaspora why they were working overseas, 66 percent cited career prospects and 54 percent said compensation. But the second most cited reason was social injustice (60 percent). When asked what might entice them to return to Malaysia, the No. 1 answer, cited by 87 percent of the respondents, was there would have to be a change in Malaysia’s affirmative action policies from a race-based to a needs-based approach.

Three years later, racial and religious tensions continue to rise in Malaysia. If I were to update my Wall Street Journal op-ed today, there would be even more examples, which the Asia Sentinel has reported so well. There is the ban on the word “Allah” and the confiscation of Bibles. There is Prime Minister Najib Tun Razak’sreference to the “Chinese Tsunami” that voted against his party in the last general elections, and his party newspaper’s screaming headline, “What More Do the Chinese Want?”

The government has admitted that it has provided funds to the Malay chauvinist group Perkasa. While it has charged a Chinese-Malaysian Member of Parliament with sedition over a satirical video, the government has done nothing about the far more serious (and dangerous) anti-Chinese, anti-Indian, and anti-Christian remarks of ISMA, a Malay Muslim organization.

After Nazri said in 2011 that I should be barred from Malaysia, I sometimes wondered whether he carried through on his threat. But because I had no intention to travel there, it did not matter.

But a month ago Dr. Wan Azizah Wan Ismail, the wife of Opposition Leader Anwar Ibrahim, emailed me to say that one of her daughters would be getting married, and that I was invited to the wedding. Over the past 15 years, after I retired from the US Department of State, my wife Hiroko and I grew close to Anwar, Azizah, and their family, especially during the time that they lived here in Washington, DC. Their six children called us Uncle and Auntie, and they were frequent visitors at our home. Hiroko wrote a biography of Wan Azizah, and the two women – a Malaysian and a Japanese – grew very fond of each other. When Hiroko died in 2012, Azizah flew to Washington to speak at her funeral.

Hiroko wrote a biography of Wan Azizah, and the two women – a Malaysian and a Japanese – grew very fond of each other. When Hiroko died in 2012, Azizah flew to Washington to speak at her funeral.

Hiroko wrote a biography of Wan Azizah, and the two women – a Malaysian and a Japanese – grew very fond of each other. When Hiroko died in 2012, Azizah flew to Washington to speak at her funeral.

I knew it was a long way to go for a wedding, but Azizah had travelled those thousands of miles for Hiroko. I thought of Nurul Iman, the beautiful bride-to-be, and how she had studied Japanese in high school here, due to Hiroko’s influence. I thought it might be my last chance to see Anwar before the government locked him up again, this time for five years. There were many things going through my mind, but overriding everything was one basic concern: if I travel halfway around the world to Kuala Lumpur, will the government let me in the door?

I called the Malaysian Embassy in Washington and informed them that I was going and why. In the interest of total transparency, I gave them my flight details and told them where I would be staying. I said I would do “nothing political” during my time in KL. The officer said he would check with KL to see if there was a problem. I then made a comment for the record: “I hope they understand that if they bar a former American Ambassador, who only wants to go to a wedding and visit with friends, it will be very bad publicity for Malaysia around the world.”

Meanwhile, American friends in Malaysia also were making inquiries, but they never got a straight answer whether I was on a blacklist or would be admitted. They were told, however, that if the decision were made to bar me, “We will not put him in a cell. We will put him in a nice room until we can arrange for a flight to take him out of the country.” I thought what a remarkable commentary that was – they would not lock up a former US Ambassador in a jail cell.

I told my children and friends about my decision to go, and the risk that the trip involved. I explained that this was not some paranoid fantasy on my part; in 2013, the Malaysian government had banned an Australian senator, Nick Xenophon, from entering, detaining him for eight hours at the airport. Later that same year the Sarawak government deported Clare Rewcastle Brown, the sister-in-law of former British Prime Minister Gordon Brown and an environmental activist, who had come to Malaysia to defend herself in a lawsuit.

Nevertheless, a common reaction among friends was that the Malaysian government would not be so foolish as to prohibit the entry of a former American Ambassador, especially just two weeks after the visit of US President Barcak Obama. In reply, I quoted a Malay proverb, katak bawah tempurong, about the frog who lives under a coconut shell and comes to believe that that his coconut shell is the entire world. There have been so many cases where the UMNO government gets a black eye internationally but doesn’t seem to care (although in reality they do). The most important thing for them is to assert their power and authority inside their own little world, their own coconut shell.

So on Friday, May 16, I approached the immigration officer and waited, looking like any other elderly foreign tourist. He scanned my passport, and then his eyes got big as something appeared on the computer screen. He started reading, and reading more, and then went to get his supervisor. So yes, I was in the system. After 5 or 10 minutes, the supervisor told his officer to write down my passport number, and then they stamped me into the country.

When I left Malaysia four days later, a similar incident took place at the immigration departure counter. After five minutes, I was permitted to leave the country.

I am grateful to the Malaysian government for letting me do what I said I wanted to do – go to a wedding and visit with friends. I was happy to see KL again and be reminded what a beautiful country Malaysia is, and how wonderful its people are.

I am grateful to the Malaysian government for letting me do what I said I wanted to do – go to a wedding and visit with friends. I was happy to see KL again and be reminded what a beautiful country Malaysia is, and how wonderful its people are.

But at the same time, to stand before a Malaysian immigration officer and realize that the UMNO regime has placed a red flag next to my name has only strengthened my resolve to carry on. If this is the kind of government it is, then the world needs to hear more about it.

John R. Malott was the US Ambassador to Malaysia from 1995 to 1998.

Malaysia: One Year after GE 13, lost in sea of politiking


May 6,2014

Malaysia: One Year after GE 13, lost in sea of politiking

Bridget-Welsh-2by Bridget Welsh@http://www.malaysiakini.com

COMMENT: Today marks the one year anniversary of the historic 13th General Election. This election was pivotal in the country’s history as the incumbent BN coalition held onto power, with the Opposition calls for ‘change’ unfulfilled.

Scholars have highlighted the fundamental shifts in the power of UMNO, the imbalance of the opposition parties, the rise in influence and political awakenings of East Malaysia and the electoral irregularities, among many profound structural changes.

In other ordinary ways, Malaysian politics has also changed, with greater cynicism, insecurities and anger more prominent in public life. This is across the political divide. News reports feature troubling reports of increased racial tensions, political polarisation and continued shortcomings in governance.

This article highlights some of the ongoing dynamics in contemporary Malaysian political life, which are both worrying and offer promise ahead.

Hisham, Najib, and Muhiyuddin MH370 Heroes

There is no question the last year has been a difficult one for Malaysia.  Globally, the country came under the full glare of the international spotlight in what arguably will be the story of the year – the loss of MH370. Now everyone in the world knows where Kuala Lumpur is, and the seas and oceans around it.

The persistence of this issue in international headlines for over two months is a reminder of the lack of closure for the families of loved ones on board the missing plane and the country as a whole.

Malaysia has been blessed historically by a comparative lack of crises but MH370 shows the need for better preparation and the need to learn. What is of concern in the failure to properly release even the preliminary investigation report of the tragedy is an apparent unwillingness to acknowledge mistakes and strengthen the country’s responses in future.

The context of post-GE13 contributes to this childish stubbornness to embrace improvements. Political wrangling and insecurities are dominating the terrain, with those in power obsessed in staying there and those in the opposition myopically focused on getting there.

Even one year later, the country is still electioneering, with the focus on power rather than the people. This is perhaps one of the most serious losses of GE13 – a distancing of the interests of citizens and political leaders.

Even basic needs are being ignored, as evident by the water rationing. This issue is being used in a seemingly never-ending political game of blaming and one-upmanship. When will the federal and government leaders sit down and figure out a proper solution to the country’s water shortages? The sense one gets is: when the dams freeze over.

The impression is statesmanship is sorely lacking. It is not only MH370 that is missing. Some of this is a product of Prime Minister Najib Razak doing a disappearing act when a controversial issue emerges. When he reappears – usually well after an issue has evoked tensions and frustrations – his interventions are too little too late.

Power at all cost

For its part, the opposition has continued focusing on bringing out the country’s problems, with little attention to solutions to these problems. Many of their messages are often stale, and returning to old solutions. Their main goal aims at changing the government, a refrain that only perpetuates the sense among ordinary citizens that leaders are focused on power, not people. Quality leadership is lost in the sea of politicking.

This void has been enhanced by the loss of important national leaders from political 1Malaysialife, from the tragic deaths of Karpal Singh and Irene Fernandez to the quiet voices of Abdullah Ahmad Badawi and other leaders who can bridge the divided communities.

This lack of statesmanship is enhanced by the fact that both political sides are wracked in ongoing internal struggles for power.

For UMNO, united it its desire to hold onto power at any cost, Najib continues to navigate challenges inside his party, led by none other than his mentor, Dr Mahathir Mohamad.

While the current premier appears to have neutralised any immediate challenge, the sense of competition for position is ongoing in UMNO, with shifts in positions a constant dynamic.

Najib has proved adept at managing the levers of this party with offers of projects, contracts and other rewards regularly used as appeasement. The reality is that Najib and his associates continue to watch their backs, distracted from governing.To accommodate the need for funds, Najib has opted to implement the Goods and Service Tax (GST), a measure that has widespread public opposition as shown in recent polls.

While some recognise the need to improve the country’s revenue position, especially given the rising debt the country is absorbing and questions arising from that debt (as shown in the 1MDB scandal), ordinary people are only seeing the impact of rising inflation on their already strained finances.

UMNO knows that the GST has the potential to be its death knell – a reason it is doing everything it can to break up the opposition through hudud and other religiously divisive issues and the use of institutions such as the Judiciary to marginalise political opponents and parties alike.

UMNO rightly fears that the GST will undercut the base of its political support, effectively betraying its base by imposing a higher cost of living and greater suffering. In their fancy cars behind guarded houses, they have lost perspective, unaware of even the price of kangkung.

Hudud returns–PAS Kelantan

If UMNO is violating its promise of rising incomes and improved welfare, the Opposition has also moved down the road of disillusionment. This is occurring with PAS’ Kelantan government’s call for hudud.

pas-keadilan-untuk-semuaIn GE13 the Opposition offered the promise of a multiracial country, a place for everyone under the Malaysian sun. The exclusionary path of Kelantan PAS has already lost the trust of non-Malays as shown with recent polling, as decades of trust building have evaporated. Many non-Muslims feel a sense of betrayal.

The party has effectively signaled that it is no longer interested in being a leader of the nation as a whole, but appears focused on securing its base in the rural heartland, especially in Kelantan where its performance under the new state leadership has been lackluster.

Its public rationale is that the move is for political power, to win support among Muslims. History has shown in that when PAS opts for a more exclusionary path, it is punished at the polls as occurred in 1986 and 2004.

By turning to religious law before better governance and the welfare of the broader community, Kelantan PAS has taken a path that is appealing to its core and distancing itself from the middle ground, especially younger voters.

More attention could be centred on deliverables, increasing jobs and welfare in the state to allow Kelantanese the means and opportunities to stay away from the crimes hudud is supposed to prevent. As shown in Egypt, the party would be better served by working on providing jobs and raising incomes, but this lesson appears not to be have been absorbed.

As in UMNO, party divisions in PAS have contributed to this undemocratic move. There appears to be ongoing positioning people in the party, especially by those that did not do well in the party polls last November.

While clearly provoked by UMNO, PAS has taken a parochial, exclusionary route that not only threatens the Opposition Pakatan Rakyat coalition, but has the potential to tear at the fabric of Malaysian society in a way that will only bring greater tensions and conflict.

In falling for Umno’s bait, DAP has also escalated tensions. The Opposition is now struggling to move away from zero-sum politics, as ordinary Malaysians look on in dismay or glee depending on their side of the political divide.

Kelantan PAS’s exclusionary path severely weakens the Opposition’s ability to represent the nation, as does Najib’s similarly divisive move to implement an unpopular policy that will erode his political base, sharpen class and generation divisions (as the young are the most affected), and has the potential to deepen the trend that has featured in Najib’s tenure – the continued politicisation of political institutions to maintain political power, from the Election Commission to the judiciary.

Concerns are particularly acute in that both PAS’ and UMNO’s moves place strain on the ability of institutions to govern fairly for all Malaysians. Pressures are already clearly evident. The rule of law especially is being challenged, with now multiple incidents of the police failing to uphold judicial decisions.

Wake-up call from youth

Given the worrying trajectories, is there any reason for hope? Increasingly the frustrations of citizens have featured centre stage, with the silent majority deafened from the political noise – much of it lacking decency and direction. The answer is a yes, but one couched in realism and caution.

GST Rally
The GST rally last week was full of young people urging change signals the expansion of a political awakening in Malaysia. GE13 did not mark the end of this process, but rather served as a marker for new paths and patterns of engagement.

Neither side did a good job of mobilising young Malaysians as shown in the split voting patterns among younger voters, but nevertheless the youth are finding their voice. The anti-GST rally was less about one side or another of the divide, but a loud wake-up call for fairer governance, one in which a younger generation is now leading.

Amidst the 50,000 crowd are leaders for the future, joined by a growing cohort of younger leaders in the political divide that are putting forward important issues such as education, security and the Rule of Law.

It is important to note that amidst the politicking are voices that are indeed focusing on meaningful issues and appear less obsessed about who is holding what position, be in the chief ministership of Selangor or a cabinet post.

My faith lies most with the young in Malaysia, who along with the sage wisdom of leaders who were socialised in the post-Mahathir era and national oriented civil society leaders, are speaking out and engaging important issues. They offer light in the darkness of the current political scene.

In 2008, I wrote that Malaysians were ahead of their politicians. I also wrote that change would not be a linear process. We continue to see these observations in current political life.

The opposition has the responsibility to move beyond focusing on attaining power and developing capacity to solve the nation’s problems by working together and forming a shadow cabinet. Even Cambodia’s Opposition coalition that has refused to sit in parliament due to election irregularities have one. If the opposition is going to focus on its divisions it might as well get out of the business for running for national office.

For Najib, who has yet to become the label of reformer he has portrayed himself to be, Malaysians are awaiting your reforms, meaningful changes. Your clock is ticking, and already half of the country have decided you have passed your prime. Many in the other half were on the streets last week.

Malaysians on the whole deserve better than they have at the moment, and are rightly frustrated by the exclusionary turns of their leaders, but the fact that they are speaking out and sending clear messages of dissatisfaction offer promise, even if it is less promising than many hope for.

DR BRIDGET WELSH is Associate Professor of Political Science at Singapore Management University. She can be reached at bwelsh@smu.edu.sg .

 

The Insolence of Attorney-General Gani Patail


May 6, 2014

The Insolence of Attorney-General Gani Patail

by Terence Netto@http://www.malaysiakini.com

May 6, 2014

image
COMMENT: Attorney-General Abdul Gani Patail, who seems to enjoy the sort of power and the amorality to go with it that makes him a cross between longtime FBI Director J Edgar Hoover and Stalin’s infamous prosecutor Andrey Vyshinsky, is shaping to crowd out a slew of judges who have placed trammels in his prosecutorial path.

Long the target of allegations of grave misconduct and impropriety by accusers ranging from Anwar Ibrahim to former top cops, Ramli Yusoff and Mat Zain Ibrahim, Gani has nevertheless proceeded unperturbed like master sleuth Hoover, who nursed one secret too many about the powers-that-be, and coupled that arrogant aplomb with the amorality of Vyshinky, for whom the law was what the Marxists have always held it be – a masquerade for class interests.

On April 11, Judicial Commissioner Vazeer Alam Mydin Meera, in a ruling that would have made Gani’s hair stand on edge, dismissed the A-G’s attempt to strike out suits brought against him by Ramli and lawyer Rosli Dahlan for alleged malicious prosecution over corruption charges.

On April 25, a Court of Appeal panel composed of Judges Mohd Arif Mohd Yusof, Mah Weng Kwai and Hamid Sultan Abu Backer unanimously ruled that the provision in the Peaceful Assembly Act (PAA) requiring an organiser to give Police 10 days’ notice of intent to hold a demonstration was unconstitutional.

Nik Nazmi to be charged again despite Court of Appeal acquittal.

Nik Nazmi to be charged again despite Court of Appeal acquittal.

The ruling freed Deputy Speaker of the Selangor state assembly, Nik Nazmi Nik Ahmad (left), from a lower court’s finding of guilt on a charge of having illegally organised the Black 505 gathering at Stadium Kelana Jaya last year.

The landmark ruling enabled organisers of the ant-GST rally on May 1 to go ahead with their gathering unconstrained by the Police who were not only adequately notified of the organisers’ intent to demonstrate but whose suggestion of an alternative venue for the demonstration was ignored.

The anti-GST rally was held as the venue the demonstrators had wanted – Dataran Merdeka, intended scene of storied gatherings in the past where demonstrators sought to drape their anti-government sentiment in the mantle of the country’s historic site of proclamation of its independence.

The powers-that-be in Malaysia do not usually accept with sangfroid the chastening experiences inflicted on them by the two judicial rulings that went against the AG and the government.image

The word yesterday that Nik Nazmi would be charged today in court with alleged offences against the PAA and that DAP MP for Seputeh, Teresa Kok (right)  is to be charged, also today, under the Sedition Act for releasing a video that had lampooned assorted policies and public figures, are the just the way the government and its leading counsel react when things don’t go their way.

Symptoms of a siege mentality

All these are proliferating symptoms of a siege mentality evident since the oppisiton Pakatan Rakyat bested UMNO-BN in the popular vote at the 13 th General Election held on May 5 last year.

A government that had long since lost the moral legitimacy to govern was dependent on a gerrymandered plurality in Parliament and in a majority of the state assemblies to hold on to the reins of power.

The deficit in the popular vote meant that the government’s political legitimacy to govern was also eroded and this was conduced to a situation where its leading lawyer has had to resort to legal sorcery to sustain the edifice of dictatorial rule by law instead of democratic rule of law.

As a consequence, the A-G has had to comport himself the way Vyshinsky did for the tyrant Stalin – frame charges against targeted members of the opposition which a supine press and compliant judges can be counted on to legitimise.

There are the show trials of an increasingly authoritarian state that cannot abide the notion that the lease on its tenancy in authority has expired. A state and its lead counsel that are willing to usurp authority when the legitimacy of that authority has manifestly deserted them have proven their selves barbarous event if it does not resort to mass arrests and concentration camps

TERENCE NETTO has been a journalist for four decades now. He likes the profession because it puts him in contact with the eminent without being under the necessity to admire them.

Once a Upon Time: Malaysia was known for its Institutions


April 15, 2014

Once a Upon Time: Malaysia was known for its Institutions

Commentary

by The Malaysian Insider (http://www.themalaysianinsider.com)

There was a time when Malaysia was known for its institutions – a civil service that facilitated rapid development from an agrarian economy to an industrialised one, a judiciary that was held in high esteem of the Commonwealth, and a military that defeated a communist insurgency.

Today, more than 50 years as a nation spanning from Perlis to Sabah, we see ineptitude and incompetency, a complete meltdown of Malaysian institutions.

Gani PatailThe Attorney-General now farms out cases to an UMNO lawyer; the Inspector-General of Police (IGP) leads an organisation which does not act when a High Court rules; the Department of Civil Aviation (DCA) suffers a credibility deficit; and the Air Force has not covered itself with any glory.

So who do Malaysians turn to in time of need? Not any of the above, it appears. Sad but true. The saga of Malaysia Airlines flight MH370, which disappeared with 239 people on board on March 8, has confirmed what Malaysians have suspected for a long time. That there is not much meritocracy and thinking going on in the civil service.

The authorities, from the Minister downwards, have yet to explain what happened in the crucial hours after MH370 was found missing. A CNN and BBC television report yesterday showed Defence Minister and Acting Transport Minister Datuk Seri Hishammuddin Hussein avoiding the question.

Tiga AbdulTiga Abdul (Abdul Muhyuddin, Abdul Najib, Abdul Hisham)

Can the civil aviation sector trust the DCA to do the right thing immediately after a flight vanishes from the radar screens? Why wasn’t the Air Force told that a jet was missing? Why wasn’t plane maker Boeing told immediately? Why didn’t the air traffic control respond to their Vietnamese counterparts when told that there was no contact with the Boeing 777-200ER that was on its way to Beijing?

Why the silence?

These days, Malaysia just has bad jokes passing off as the Civil Service, Police Force, Military and the Public Prosecutor. This is the meltdown of institutions that had shaped the country from its formative years to the Asian tiger that it once was.

The Royal Malaysian Air Force (RMAF) also has to explain how it defends the Chief of the RMAF, Rodzali Daudcountry’s airspace throughout the day. Yes, we have brave men and women in uniform keeping watch but a mysterious blip on the radar moving east to west was left unmolested.

Not even hailed by radio, let alone scrambling jets to check on the blip. Or even to ask the DCA and air traffic control if they were also seeing the blip.Does the RMAF have fighter jets on standby? How many can fly these days apart from those used for parades, air shows and F1 races?

The IGP has decided to play marriage counsellor to a divorced couple rather than enforce the law after the ex-husband forcibly took away his son from the ex-wife’s legal custody. Does the IGP or anyone else in the police force know the law and the offence that was committed, or do they assume there is a conflict in the civil and Shariah law that they cannot take any action?

Can anyone cite religion and get away with a crime? How can people trust the Khalid Abu Bakarpolice to enforce the law passed by lawmakers elected by the people?

Where is the Attorney-General in all of this? Is it more important for him to go to London to figure out who will have custody of the MH370 black box, once found, rather than stay back in the country and decide on whether to prosecute or take action against a man for abducting his child from his ex-wife’s legal custody?

Or just outsource some jobs to an UMNO lawyer – from defending the Registrar of Societies (RoS) in a judicial review brought by the  DAP to prosecuting Opposition leader Datuk Seri Anwar Ibrahim in his sodomy appeal. Is the Attorney-General’s decision to outsource some work a tacit confirmation and acknowledgment that there is no talent left in the A-G Chambers to do the work?

And is there any talent also left in the Civil Service, Police Force and Military? Malaysia’s Civil Service was the envy of many – from working on poverty eradication and affirmative action policies to industrialisation and a respected Judiciary and prosecution. They did more with fewer resources and lesser people then. But they had quality talent back then.

These days, Malaysia just has bad jokes passing off as the Civil Service, Police Force, Military and the Public Prosecutor. This is the meltdown of institutions that had shaped the country from its formative years to the Asian tiger that it once was.

It might take a generation to possibly set things right with these institutions. Or is that just a hope that is fading as fast as the chance of hearing another ping in the southern Indian Ocean?

 

A-G Gani Patail is not above the Law


April 11, 2014

A-G Gani Patail loses to Rosli Dahlan: NO ONE IS ABOVE THE LAW

by Din Merican

mh370-hishammuddinWilliam Pesek, a prominent Bloomberg columnist, wrote recently that the global outcry over the loss of flight MH370 has highlighted the country’s deepest flaws of incompetent people running the country.

The Fumbling Team of MH370

“The fumbling exposed an elite that’s never really had to face questioning from its people, never mind the rest of the world. The country needs nothing less than a political revolution,” said Pesek. And I agree. Nothing will change until the present political elite is made to pay for their ineptitude, incompetence and crooked ways by Malaysian voters.

At the international level, our political leaders will have to take the blame. At the national level, we are facing a crisis of our public institutions being headed by not just mediocre and incompetent people but also characters who are downright dishonest and who abuse the system with impunity– the rogues in government.

Rosli Dahlan wins against A-G Patail

Vazeer, a former practising lawyer before being made a judge, said he agreed that deliberate abuse of power by those holding a public office was misfeasance in public office.

Vazeer, a former practising lawyer before being made a judge, said he agreed that deliberate abuse of power by those holding a public office was misfeasance in public office.

That brings me to the news reports of this morning that my young friend, Lawyer Rosli Dahlan, has again won another case against A-G Gani Patail. For my readers’ convenience I have reproduced only the MKini report by Hafiz Yatim (below) that provides interesting links on this story that never ceases to inspire me.

Back in Time–To the Eve of Hari Raya (Aidil Fitr), 2007

It’s a sad story of how on the eve of Hari Raya 2007, Lawyer Rosli Dahlan (right) wasR Dahlan brutally arrested in his office in full view of his staff by the ACA (now MACC). He was then charged in a most sensational manner to deceive the public into believing that Rosli had hidden illegitimate assets belonging to the Director of Commercial Crimes, Dato Ramli Yusuff, in another sensational story fanned by the media dubbed as the “The RM 27 million Cop”.

All this was part of a conspiracy to eliminate Dato Ramli from the PDRM as Dato Ramli posed a threat to then IGP Musa Hassan and A-G Gani Patail. Rosli was made a victim because he dared to defend Dato Ramli despite warnings having been sent to him. Since then, Musa‘s former ADC had sworn a Statutory Declaration to expose IGP Musa Hassan’s links with the underworld.

A lot more was also disclosed about A-G Gani Patail’s association with shady corporate figures like the one in the Ho Hup Affair. The Internet was also abuzz with stories about how A-G Gani Patail went to Haj and had his son to share a room with a shady former Police Inspector who was once charged for corruption, Shahidan Shafie, a proxy of former MAS Chairman Tan Sri Tajudin Ramli.

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

That explains why A-G Gani never charged Tajudin Ramli for the losses of RM 8 billion that MAS suffered despite recommendations by Dato Ramli Yusuff. Dato Mat Zain Ibrahim, former KL OCCI also swore SDs about A-G Gani Patail throwing away the Batu Putih case for pecuniary gains.

Ramli YusuffYet Gani Patail remains as the A-G of Malaysia, leading many to speculate that he has a grip on PM Najib Razak because of Razak Baginda’s acquittal in the murder of the Mongolian beauty, Altantuya Shariibu. In that case, the A-G did not appeal against Razak Baginda’s acquittal.

On the other hand, the A-G has pursued criminal appeals against certain people like Lawyer Rosli Dahlan and Dato Ramli Yusuff (left). In the PKFZ case, A-G Gani Patail charged and appealed against the acquittal of Tun Ling Liong Sik which led to Tun Lingcalling him – “ That Stupid Fella”.

Back to Rosli’s case. Lawyer Rosli, he has fought a long and lonely battle, winning his acquittal and then suing every one of the mainstream media for defaming him – Utusan Malaysia, The Star and the NST, and winning against them one by one very patiently.

On April 15, 2008, Utusan Malaysia published a public apology admitting their wrongdoings and acknowledged that the Utusan Malaysia’s article “was written and published in a sensational manner to generate publicity which exceeded the parameters of ethical journalism surrounding the investigation of YDH Dato’ Pahlawan Haji Ramli Haji Yusuf who at that time held the post of Director of the Commercial Crime Investigation Department of Police DiRaja Malaysia.”

Utusan's Apology

On January 15, 2013, the Star paid damages and admitted to its wrongdoings in a published public apology.

The Star's Apology

On October 18, 2013, the KL High Court found the NST and the MACC guilty of defaming Rosli and ordered them to pay damages of RM 300,000 and costs. This made history as it was the first time that the MACC was sued by a person and the MACC lost and had to pay damages.

Last year Rosli sued A-G Gani Patail, MACC Chief Commissioner Tan Sri Abu Kassim and several other MACC officers for conspiracy, false and malicious investigation, abuse of power, abuse of prosecutorial discretion, malicious prosecution, prosecutorial misconduct and public misfeasance.

Read the MKini report below and you will discover that A-G Gani Patail had engaged Tan Sri Cecil Abraham , a senior private lawyer from Messrs ZulRafique & Partners (an UMNO law firm) to defend him, the A-G Chambers (A-GC) and the MACC.

I find that surprising since I am told that the A-GC has over 800 lawyers, making the A-GC the “largest law firm” in the country. By contrast, I am told that the largest private law firm in the country has a maximum of 140 lawyers.

 Putrajaya needs to review its policies as it can't afford to spend taxpayers' money on the AG's own legal problem.


Putrajaya needs to review its policies as it can’t afford to spend taxpayers’ money on the AG’s own legal problem.

That means the Government of Malaysia spends millions of ringgit to staff the A-GC in order to defend the government. Yet when the Government is sued, A-G Gani Patail engages private lawyers. Does that makes sense to you?

Is A-G Gani Patail admitting that he is not confident of the A-GC, which he heads, to defend him and the government in the face of the law suit by Lawyer Rosli Dahlan? Is A-G Gani Patail admitting that the A-GC is incompetent? Was that why Tan Sri Shafee Abdullah was asked to be an ad hoc DPP to prosecute the appeal against Dato Seri Anwar Ibrahim? Or is there is a commercial logic to that? Is A-G Gani Patail outsourcing legal work to his friends in the private sector to reward them for covering up for his misconduct and incompetence?

Cecil Abraham sits in the MACC’s Operations Review Panel.

Cecil Abraham sits in the MACC’s Operations Review Panel.

I had a chat with Tan Sri Robert Phang who has always been critical of A-G Gani Patail. He told me a more worrisome story. Robert Phang questioned whether Tan Sri Cecil Abraham (right) is a fit to lawyer to defend the A-G because Cecil Abraham sits in the MACC’s Operations Review Panel, which advises on oversights in the MACC. One of the committee’s functions is to ensure that the MACC and other government agencies do not commit abuses. It is like an Ombudsman. If so, how can Cecil Abraham defend A-G Gani Patail and the other MACC officers whom Rosli has accused of fixing him? Is that not a conflict of interest?

Other lawyers tell me that Cecil Abraham is the senior lawyer implicated in the PI Bala SD case over the Altantuya murder. I am stunned by all these revelations. It seems that all the committees and advisory panels in the MACC and other government agencies are to cover up for their wrongdoings rather than to expose and correct them. No wonder our country is headed for doom !

Americk Sidhu, PI Bala's lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

Americk Sidhu, PI Bala’s lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

I am told that Rosli’s Statement of Claim against A-G Gani Patail contains very damning revelations about A-G’s misconduct. I am told that with every victory that Rosli gained against A-G Gani Patail, more and more civil servants and people are coming up to him to offer assistance and being more willing to be witnesses in his cases. This was unlike before when many were afraid to be associated with him.

Is that why AG Gani Patail does not want to go to trial and employ all kinds of delaying tactics in Rosli’s suit against him. Is that why A-G Gani Patail engaged Tan Sri Cecil Abraham to strike out Rosli’s suit? Otherwise, why is A-G Gani Patail so afraid to go to trial in Rosli’s case?

But now that Tan Sri Cecil has lost this striking out application and the A-G is ordered to pay cost to Rosli, who is going to bear this cost? Should taxpayer’s money be used to pay for the misconduct of these rogues in government? If we taxpayers have to bear this cost, then A-G Gani Patail and the likes of him will never be repentant. There will never be accountability!

In my view, A-G Gani Patail must bear the full costs of his misconduct. He must be held accountable and he must pay the legal fees charged by his friend Tan Sri Cecil Abraham. I am also of the view that the MACC should sack Cecil Abraham from being on its Advisory Panel. Cecil Abraham cannot sit there to pretend that he is acting as a check and balance against the MACC’s misconducts whereas he is also covering up for the MACC when the MACC is sued by Rosli, and getting well paid by the Government using tax payer’s money!

Conflict of Interest

The conflict of interest is so clear and it is appalling that a senior titled lawyer like Tan Sri Cecil Abraham cannot see that. I also feel that the Bar Council should not stand idle arms akimbo with this revelation. The Bar Council should subject Cecil Abraham to disciplinary proceedings for breaching such common sense rule on conflict of interests. Cecil has dishonored the Bar and the Council must act against him!

Well Done, JC Wazeer Alam Mydin 

In that regard, I must congratulate Judicial Commissioner Wazeer Alam Mydin for having a fair sense justice in not allowing A-G Gani Patail to strike out Rosli ‘s claim. A judicial Commissioner is basically a probationary judge. For a probationary Judge to do this means JC Wazeer is indeed a brave man who would not tolerate public authorities who commit abuses and then claim immunity. It is indeed a brave probationary judge to stand up to the A-G and tell it to the A-G’s face that the A-G is not above the law.

The winds of change is blowing and judges like JC Wazeer Alam will be a credit to the judiciary. JC Wazeer Alam is indeed a brave man to make this iconic statement:

“The claim by AG of his absolute public and prosecutorial immunity is an anathema to modern democratic society.”

======================================================

April 11, 2014

A-G not immune to legal action, rules Judge

by Hafiz Yatim@www.malaysiakini.com

The Attorney-General is not immune to legal action, the High Court in Kuala Lumpur ruled today.

Judicial Commissioner Vazeer Alam Mydin Meera said this in dismissing Attorney-general Abdul Gani Patail’s application to strike out the suits by former Commercial Crime Investigation Department director Ramli Yusuff and his lawyer Rosli Dahlan.

Public authorities who abused their powers have been "insulated" from prosecution for "far too long" by using the Public Authorities Protection Act.

Public authorities who abused their powers have been “insulated” from accountability  for “far too long” by using the Public Authorities Protection Act.

“I am afraid that the notion of absolute immunity for a public servant, even when mala fide or abuse of power in the exercise of their prosecutorial power is alleged in the pleadings, is anathema to modern day notions of accountability.

“I agree that deliberate abuse of power by a person holding a public office is tortious and is referred to as misfeasance in public office.

“Such a tortious act can arise when an officer actuated by malice, for example, by personal spite or a desire to injure for improper reasons, abuses his power,” Vazeer Alam said.

“This is keeping with developments in modern jurisprudence that absolute immunity for public servants has no place in a progressive democratic society,” the judge added. The A-G and two other officers from the A-G’s Chambers were named in the respective suits filed by Ramli Yusuff and Rosli Dahlan.

They had sought to strike out the suits on the grounds that they should be immune to such action in carrying out their prosecution powers. Ramli had filed a RM128.5 million suit against A-G Gani, former IGP Musa Hassan and several Malaysian Anti-Corruption Commission officers.

Rosli had filed a separate suit amounting to RM48 million against the same parties.The two are suing them for abuse of power, malfeasance in the performance of public duty, malicious prosecution and prosecutorial misconduct, among others.

Suits not filed out of time

Judicial Commissioner Vazeer Alam also ruled that the two suits for malicious prosecution were not filed out of time as this cause of action accrued upon the determination of the final appeal. He said that the court could not consider the period to be when Ramli or Rosli  were acquitted, as there were subsequent appeals against the acquittals made after this.

“As with Ramli’s case, the appeals lodged by the public prosecutor were dismissed in June and in November 2011. Therefore the filing of the action on Nov 1 last year is well within the time stipulated in Section 2 of the Public Authority Protection Act,” the  ruled,

Vazeer Alam also allowed the two to name the MACC in their legal action, since the MACC took over from the Anti-Corruption Agency.

Ramli had sued the defendants for their claim that he was the policeman in the Copgate affair and that he had RM27 million in assets.

Subsequently, Ramli was charged with the non-disclosure of some of his assets and the case against him was thrown out. Ramli’s lawyer friend Rosli was also hauled up as a result of this.

Ramli, who was a former state Police Chief for Pahang and Sabah, said in his statement of claim that his relationship with Gani soured in 2006.

This was after he met then Prime Minister Abdullah Ahmad Badawi and recommended that former Malaysia Airlines chairperson Tajudin Ramli be prosecuted for the severe losses suffered by the company.

“But the A-G decided not to prosecute Tajudin. I even told the PM then that if the AG was reluctant to prosecute Tajudin, the CCID would have the necessary resources to conduct the prosecution.

“This earned me Gani’s permanent displeasure…” Ramli said in his statement of claim.

‘A brave decision’

After today’s court session, Ramli commended the judge for his brave decision. “I am not doing this for Ramli Yusuff but for the Police Force, some of whom have been victimised as a result of this. And I am also doing this for the serving government officers who have also been victimised.

“I am also seeking closure to an event that has affected my possible career advancement,” he said.

The RM27 million investigations had hindered his promotion to be the Inspector-General of Police, he added. This post was subsequently handed over to Musa Hassan.

Rosli, on commending today’s High Court decision, said abuses by the public authority have for too long been insulated by invoking the Public Authority Protection Act.

“Today, a brave judge has declared that absolute prosecutorial immunity is  anathema to the modern concept of democracy. This is to remind the public authorities that no one is above the law,” Rosli said.

Several Police Officers under Ramli’s charge have also been prosecuted as a result of the Copgate affair and all of them have acquitted and have been reinstated to their posts during former IGP Ismail Omar’s tenure.

Ramli was represented by Harvinderjit Singh, while Chethan Jethwani and Darvindeer Kaur appeared for Rosli. Senior lawyer Tan Sri Cecil Abraham, Rishwant Singh and Senior federal counsel Dato Amarjeet Singh represented the defendants.

Vazeer fixed June 18 for case management to possibly fix trial dates for the hearing.

Judges dancing to tune of UMNO


April 3, 2014

Judges dancing to tune of UMNO

It has to take one stupid, perverse and farcical court to agree with another stupid, perverse and farcical court.

 
COMMENT@www.freemalaysiatoday.com

Anwar-Ibrahim-2011-mantan-PMBy Anwar Ibrahim

Talking about political winds, it appears that lately, the Malaysian judiciary, particularly the judges of the superior courts, are caught in the whirlwind and are frantically racing against each other to please the powers that be of the day.

In the frenzy to curry favours from their political overlords, these minions have stopped at nothing to ensure that they will be the first to reach the finish line.

Pots of gold await the backscratchers and lackeys. And where financial gratification may appear a tad blatant, there’s always elevation to the higher rungs of office to whet the appetite.

Unlike parliamentarians, judges will never be content to be backbenchers. The preferred place is the front and the top where they can tower over ordinary mortals, even if they be law-makers or members of the Bar.

They fear no one except their political masters because they know on which side their bread is buttered. And they shall not bite the hand that feeds.

Throwing judicial decorum to the wind, they bare their fangs and sharpen their claws in order to cow supplicants in their courts into submission, and in the process, their demeanour and conduct leaves no one in doubt about their bias.

And though they know that an adversarial system dictates that judges must not just act impartially but must be seen to be so, they bend backwards to don the hats of prosecutor and executioner as well.

When this happens, as indeed it is happening now with unprecedented frequency, we know justice has gone to the dogs. It is happening because Prime Minister Najib Tun Razak, in flagrant abuse of power, has launched a new campaign of political persecution.

“Even if we can’t defeat them at the polls, all is not lost (remember Altantuya?). We still have our judges to do our bidding. See how they fall over each other at the snap of our fingers!”

This is the alarming trend in our judiciary where judges work hand in glove with the Attorney-General’s Chambers to deny leaders of the federal opposition, duly elected representatives of the people in parliament, their right to justice.

In taking this unconstitutional and nefarious line, they have turned the doctrine of the separation of powers on its head.Hence, apart from me, MPs Karpal Singh, Azmin Ali, Antony Loke, Rafizi Ramli, Tian Chua, Syed Azman and Shamsul Iskandar just to name a few, are marked for the judicial abattoir by the executioners.

It may be sodomy, it may be sedition, or it may be illegal assembly, or whatever. These bootlickers know less of law and the principles of justice than lording over the courts parading proudly as peacocks (and peahens) their colourful judicial plumage overflowing with the arrogance of power.

Life after retirement

As for those judges who used to sit on the throne, there is still life after retirement. The involvement of former Chief Justice Tun Abdul Hamid Mohamad in the National Unity Front, closely linked to Perkasa, Malaysia’s icon of racism, while not shocking remains scandalous.

It makes a mockery of the institution of the judiciary which he once headed and contradicts the principles of equality, equity and justice that the judiciary is supposed to stand for.

Is it conceivable for a former chief judge to head an organisation that is adamantly opposed to the National Unity Consultative Council, and to be notoriously engaged in race-baiting and the trumpeting of the superiority of one race over other races in our multi-racial and multi-religious country?

It would appear that it is not only conceivable but that it is lauded with much fanfare by UMNO going by the prominent coverage given to it by the UMNO-controlled media.

Incidentally, this is the same judge who, in his Federal Court judgment, had written that “the court’s decision must only be based on the evidence adduced and nothing else and (hence) it had to acquit because of lack of evidence,” but qualified it with the illogical and manifestly asinine statement that “we find evidence to confirm that the appellants were involved in homosexual activities”.

In other words, “we find him NOT guilty but at the same time guilty”. Anything more stupid, perverse and farcical than that cannot be found in our judicial annals (no pun intended) except for the judgments and pronouncements of Augustine Paul and Ariffin Jaka in respect of Sodomy 1 and the current decisions in respect of the application for expunging and the Sodomy 2 appeal.

As they say, it has to take one stupid, perverse and farcical court to agree with another stupid, perverse and farcical court.

UMNO must fight its own political battles and not be such a coward to use the judiciary to help them fight the opposition. How long more are our judges going to dance to tune of UMNO?

When will they stop becoming stooges and lap dogs of UMNO leaders? How long more must the rakyat endure this sham? Who are the puppeteers in this shadow play?

Are these judges not aware that UMNO will not be there forever to cover their tracks, or their backs, or that not only will history judge them, but that the rakyat are not going to sit idly by – forever – while they continue to pervert the course of justice?

Parliament, as the vox populi, must make its voice heard before we reach the tipping point and the situation gets out of our hands.

There is a tide in our affairs which, unless we seize it, will see our voyage for democracy and rule of law in shallows and in miseries.This is the rising tide of judicial impropriety, arrogance of power and transgression. As one of the three branches of government, parliament must reassert the sanctity of the separation of powers principle.

It is therefore morally incumbent and constitutionally expedient that parliament acts accordingly to break up the illegal and unconstitutional collusion between the Executive and the Judiciary.

Anwar Ibrahim is the federal Opposition Leader.

Charge Against Malaysia’s Opposition Leader is Flawed and politically motivated


 

Sodomy charge Against Malaysia’s Opposition Leader is flawed And politically motivated

by John Berthelsen

 

http://www.asiasentinel.com/politics/malaysia-sodomy-case-flawed-day-one/

The charges against Anwar seemed cooked up and malicious, but government prosecutors pressed ahead anyway.  

najibm1Anwar Ibrahim’s Sodomy II trial, which ran almost two years before ending in 2012, was built on flawed evidence, procedural mistakes, tainted witnesses and reports of political collusion with Najib Tun Razak,  the current Prime Minister, and was condemned internationally by legal scholars and human rights activists.  

He was eventually acquitted for lack of evidence only to have an appeals court reverse that decision, ruling in favor of a government appeal on Friday. He was sentenced to five years in prison but is free on bail pending appeal. Homosexuality is illegal in Malaysia. The sudden reversal on Friday shocked political observers and the general public.

Sordid and Unbelievable

The story began on June 28, 2008 when a then-24-year-old aide, Mohd Saiful Bukhairy Azlan, made the sodomy accusation against Anwar, who had led the three-party Pakatan Rakyat coalition to a historic sweep of five Malaysian states, winning 82 parliamentary seats in general elections and breaking the ruling Barisan Nasional coalition’s two-thirds majority hold on parliament.

Despite an offer to appear voluntarily at the police station to deal with the charges, the opposition leader was arrested at his home on July 16 of that year by a contingent of 10 carloads of police commandos and was locked up overnight in a Kuala Lumpur jail.

The trial, which began in February 2010, was marred by the introduction of a mountain of questionable evidence, egregious prosecutorial errors and a long series of prejudicial rulings by High Court Judge Mohamad Zabidin Mohamad Diah.

From the very beginning, doubts began to surface. To start with, Saiful belatedly sought to get doctors to certify that he had been sodomized 48 hours after the alleged encounter. Records showed he first went to a private hospital where a doctor found no evidence of penetration and told him to go to a government hospital. At the first government hospital, doctors also told him they had found no evidence of tearing or scarring that would have indicated his anus had been penetrated. He was forced to go to a third government hospital where he finally found a physician willing to say the act had taken place.

Political connections

Saiful acknowledged in court that he had met with then-Deputy Prime Minister220px-Anwar_Ibrahim-edited Najib Tun Razak and his wife, Rosmah Mansor, on June 24, 2008, two days before the alleged sodomy took place and on other occasions with Rosmah’s close confidant, the former track star Mumtaz Jaafar. Neither the Prime Minister nor his wife nor Mumtaz was called to the stands to explain why they met with Saiful.

There were many questions about the DNA, which was allegedly taken from Saiful’s rectum 90 hours after the reported act took place. He claimed not to have eaten, drunk nor gone to the bathroom for that entire period.

The evidence was not refrigerated and was stored in an unguarded police office. Government laboratory technicians testified that as many as 11 different DNA traces had been found in Saiful’s rectum. At one point Zabidin ruled that the DNA was too doubtful to be admitted, only to have the prosecution appeal, at which point the judge reversed himself, leading to charges he had been coerced.

There were even questions whether Saiful had actually met with Anwar on the date he allegedly was sodomized. Although cameras showed him in the lift of the building where the offence allegedly took place, Anwar said he was meeting with a group of economists in the condo at the time and that Saiful had not appeared in the room.

Saiful also acknowledged meeting secretly twice with Rodwan Mohd Yusof, a senior assistant Police Commissioner, before the alleged offense took place. Rodwan became famous, or infamous, in Anwar’s 1998 Sodomy I trial when he was found to have illegally removed Anwar’s DNA samples from forensic custody and planted them on a mattress allegedly used by Anwar for a homosexual dalliance. To protect the integrity of the prosecution’s case, the presiding Judge, the Late Augustine Paul, expunged the entire DNA evidence at the time.

Saiful testified that on the day he allegedly met with Anwar, he had taken lubricant with him to Anwar’s condominium – hardly the act of an innocent aide who had no idea that the then 63-year-old Anwar was about to jump him for unnatural sex.

It also became known during that Saiful was having a sexual liaison with Farah Azlina Latif, a female member of the prosecution team, which might have further disqualified him as a complaining witness.

The family apologizes

Saiful’s father, Azlan Mohd Lazim in March 2013, apologized to Anwar at a press conference and said the plot to have Anwar arrested was cooked up in Najib’s office. He said his son had been used by “irresponsible quarters” and that statements that both he and his son gave to the press during and after the trial were written by his lawyer and a special officer in Najib’s office.

“Anwar is innocent and a victim of this slander… as such I apologize to Anwar and his family,” Azlan said in a printed statement.” He and his family have suffered a lot as a result of this slander. I deeply regret all the slander hurled against Anwar, which involved my son Saiful Bukhairi.”

Rosmah and NajibThe case “was planned in great detail by a special officer in the PM’s Department,” Azlan said. “Even the script I read during the press conference after Anwar’s sodomy acquittal last year was prepared by this officer.”

His son, he said, “has never explained the sodomy incident and the accusation to me. I was never called as a witness in the case. I was never called by any party to offer my statement as the father from the start to the end of the trial.”

Although he was always seen accompanying his son during the trial, Azlan TDMexplained that he did so simply as a father who was giving moral support. Azlan said he decided to make his statement after collecting information obtained during the trial, as well as that sent to him by the public.

“As a Malay and a Muslim, I started to realize the evil of this plan. I don’t want to RGESs’ continue to conspire with this malicious slander. I want the people who love this country to know their malicious intention,” he said. “If this malicious intention continues, not only the Malays and Muslims would be destroyed, but the nation would be destroyed as well. I do not want to see this happen.”

Fiasco Looms for Malaysia’s Ruling Coalition


February 26, 2014

Fiasco Looms for Malaysia’s Ruling Coalition

Post-election public support drops steeply amid growing calls for PM Najib to take action

One of Malaysia’s most respected polling organizations is expected to release figuresRosmah and Najib over the next few days showing that support for the ruling Barisan Nasional from all three of the country’s major ethnic groups is dropping steeply, to the point where if an election were held today,  the national coalition would be buried in a landslide.

The loss of support is not just from ethnic Indians, whose approval figures for the Barisan have dropped from 45 percent to 30 percent, or the ethnic Chinese, only 8 percent of whom support the coalition, but from ethnic Malays, the mainstay of the coalition.  Support has dropped from 61 percent to 50 percent, according to sources who have seen the figures. In Penang, the poll reportedly shows that the Barisan wouldn’t win a single one of the 40 state seats and 11 parliamentary ones.

That has led to deepening concern over the performance of Prime Minister Najib Tun Razak, with growing calls for him to either step down in favor of another UMNO figure or to take dramatic steps to revitalize his leadership.  Even the mainstream press, all of it owned by Malaysian political parties, is becoming increasingly emboldened to criticize his performance.

Reportedly, according to political sources in Kuala Lumpur, he is increasingly being ignored within his own coalition, most recently by Sarawak strongman Abdul Taib Mahmud, who is stepping down as chief minister. Taib named his former brother-in-law, Adenan Satim, as his own replacement despite a promise during a meeting in London that he would heed Najib’s wishes in naming the new chief minister.

With both national and intraparty elections out of the way last year, Najib gambled that he could drastically cut subsidies for sugar, petrol and rice in a bid to put the country’s fiscal condition back into shape, with the fiscal debt running close to the maximum permissible limit of 55 percent.  But with the cost of living soaring upwards, he faces growing outrage.  He has since been forced to back away from a sharp rise in highway tolls.  And, while anecdotal evidence in the markets indicates that prices are climbing inexorably upwards, critics say the controlled press is continuing to report that there is no cost of living problem.

One of the issues that won’t go away is a government decision to ban use of the word Allah to mean God in Malay-language Bibles, which has infuriated Christians and moderates, who point out that throughout the Arab world, Christians use the word as a proper noun.  Najib has come under fire for making moderate statements when he is out of the country, but refusing to take a stand on the issue, or to rein in vocal Malay supremacy organizations such as Perkasa, headed by Ibrahim Ali, whose intemperate racial statements have increasingly poisoned the political atmosphere.

Within UMNO, Najib’s wife, Rosmah Mansor, has become a lightning rod for those who see her as flaunting excess wealth including designer handbags, watches and jewelry at a time when the country is facing cost of living problems.  Many blame her for decisions that the Prime Minister is – or is not – making.

Najib is said to be shaking up his staff, replacing his long-time chief of staff with a younger, more dynamic individual. Reportedly he is also expected to call a party retreat to seek to convince party division chiefs and others within the United Malays National Organization that he has a plan to revitalize the political situation.  Party leaders complain that 10 months after the narrow parliamentary victory – and popular vote loss – that left the Barisan in charge, Najib has still not called for a post-mortem of the way the race was run.

With US President Barack Obama scheduled to visit the country on a state visit in April,  it is imperative to get moving, say political analysts in Kuala Lumpur.  Behind Najib is the ever-present specter of former Prime Minister Mahathir Mohamad, who has taken no public position against Najib but who clearly has unleashed bloggers who are hounding the prime minister on all sides. Sources within the Mahathir wing of UMNO told Asia Sentinel that Mahathir is after Najib’s head.

the-man-behind-perkasa1It had been thought that, having emasculated Najib’s economic plans after the election, the Mahathir wing would be content to leave the weakened prime minister in his place until the next election.  The two most viable candidates to replace him would be Deputy Prime Minister Muhyiddin Yassin, who has reportedly said he is too old and tired for the job, and Home Minister Ahmad Zahid Hamidi, who is regarded even by many UMNO figures as too mercurial and polarizing for the job.

However, A. Kadir Jasin, former chief editor of the New Straits Times and a close confidant of the 88-year-old former premier, in his blog,”The Scribe,” on Saturday suggested that Muhyiddin might not be so tired, or that a third candidate, Hishamuddin Hussein, Najib’s cousin and the party’s third-ranking vice-president, might be a possible alternative.

Thus, despite denials on all sides, the political picture is beginning to resemble that in 2008 and 2009, when growing forces coalesced to drive Najib’s predecessor, Abdullah Ahmad Badawi, from the premiership. The growing drip of blog comments is an indication that Najib must take action or face a serious revolt.

 

The Allah Issue seen from afar


February 25, 2013

The Allah Issue seen from afar

by John R. Malott

http://www.malaysiakini.com

COMMENT Like other friends of Malaysia overseas, I have followed themalott1 controversy over the use of the word ‘Allah’ with interest, but also with great concern. For I believe that this issue, if left unchecked, has the potential to tear Malaysia and the dream of ‘Bangsa Malaysia’ apart.

While there are racial and religious issues in every society, what makes the situation in Malaysia different is that it is the government that has condoned and even provoked these tensions for its own political purposes.

For years, UMNO justified its existence by saying that the Malays are under threat, and that only UMNO could defend “the Malay race”.

After the 13th general election, in which UMNO candidates received only 30 percent of the national vote – and in which BN as a whole got only 47 percent – it had two choices. It could broaden its appeal or it could narrow it by trying to appeal to the PAS voter base, for whom religion rather than race is a more important concern.

Unfortunately, UMNO chose the latter course and started to play the ‘Muslim’ card. Now, according to the government and UMNO, it is not just Malays, it is also Islam that is under threat.

As for the ‘Malay’ card, UMNO increasingly has gone to the extreme, pandering to extreme racist elements, starting with PERKASA.

The irony of the “Malays/Islam under threat” claim, of course, is that in Malaysia, both Malays and Muslims are the majority. And UMNO controls the government. So how can the Malay race and the Muslim religion in Malaysia be under threat?

To UMNO’s leadership, it doesn’t matter. There is no need to explain. They just speak and offer no evidence, and use their propaganda instruments - Bernama, RTM, Utusan Malaysia, the New Straits Times, etc – to spread the word.

From an international perspective, they also make assertions that are totally out of line with Islamic thinking and practice in the rest of the world.

Think about it – Malaysia is the only country in the world that ignores history and linguistics and dares to ban non-Muslims from uttering the word ‘Allah’. Like Humpty Dumpty, the Malaysian government stands alone – and claims for itself the right to decide what words mean and what words people may read, write, think, and speak.

How can Prime Minister Najib Razak, his government, and its supporters justify their actions, when no one else in the Islamic world agrees with them? When Islamic scholars like Reza Aslan say, “We are laughing at you,” how do they respond?

They don’t. Because they don’t know what to say. They seem to be living on their own planet.

Actions, not just words

But it is not just what Najib and his government say, it also is what they have done.

  • It is the government that seized more than 20,000 Bibles in 2009.
  • It is the government that banned the use of the word ‘Allah’ in Catholic weekly The Herald.
  • It is the government’s Police Force that joined the recent raid on the Bible Society of Malaysia, confiscating over 300 bibles without a search warrant.
  • It is the government’s religious affairs department, JAKIM, that directed mosques throughout Malaysia to say, without citing any evidence, that Islam is “under threat,” that Christians and Jews are “enemies of Islam,” and that Christians are responsible for turning Muslims against each other and tricking them into losing their rights.
  • It is Najib’s cabinet that stood silently by and decided not to enforce its 10-point plan to restore religious peace and harmony in the nation.
  • It is the government that refused to take any action after the leader of PERKASA called for the burning bibles.

There is no greater example of uniformed assertions than former PM Dr Mahathir Mohamad’s recent claim that Christians have “no right” to use the word ‘Allah’. Because he is Mahathir, he just says it, and he expects everyone to agree.

As the saying goes, everyone is entitled to their own opinions, but not to their own facts. In this case, history and the facts are not on Mahathir’s side. Mahathir is totally, 100 percent, wrong.

The word ‘Allah’ was used by Arabic-speaking Christians for centuries before the birth of the Prophet and the rise of Islam. Indeed, archaeologists have found an Arabic-language Christian Bible (the Mt Sinai Arabic Codex 151), that is nearly 1,300 years old, in which God is called ‘Allah’.

Indeed, someone might ask what right Muslims have to say the word ‘Allah’, when it was used first by Christians? Who is violating whose rights?

The answer is simple – even though Jews and Christians used it first, they would never deny Muslims the right to say the word ‘Allah’. Because while over the years, men and women have practiced and interpreted our religions in different ways, in the end we all worship the same God – the God of Abraham, the Creator of the Universe.

So here is the question. In the entire Islamic world, why is it only in Malaysia that people claim that uttering or writing the word ‘Allah’ is the exclusive right of Muslims?  Why is it only in Malaysia, and nowhere elsewhere in the world, that some Muslims say they will be “confused” if other people – Christians – use the word ‘Allah’ when they worship inside their own churches, or when they read the Bible in the privacy of their own homes?

What makes Muslim Malaysians different from the other 1.5 billion Muslims in the rest of the world?

I would like Malaysian advocates of the ‘Allah’ ban to explain this, not to me (a Christian), but to explain it to the rest of the Islamic world.

Dangers of ‘quick research’

The senior judge in the Allah appeal, Mohamed Apandi Ali, wrote in his opinion that through his “quick research” on the history of the language of the Bible, “it is clear that the word ‘Allah’ does not appear even once as the name of God or even of a man in the Hebrew scriptures. The name ‘Allah’ does not appear even once in either the Old or New Testament.

“There is no such word at all in the Greek New Testament. In the Bible world, God has always been known as ‘Yahweh’, or by the contraction ‘Yah’. That being the historical fact, it can be concluded that the word or name ‘Allah’ is not an integral part of the faith and practice of Christianity.”

Justice Apandi’s judgment clearly shows the dangers of “quick research.” He should have spent a little more time on the web. But because he refers to how the word ‘God’ is expressed in Hebrew, Greek, and Arabic, he has raised the important issue of language and the words that we use in different languages to refer to God.

How many languages are there in the world? The Christian Bible has been translated in whole or part into an astonishing 2,817 languages, according to the Wycliffe Bible Translator, a UK organisation. The complete Bible is available in 513 languages, including Arabic and Malay.

Both the Arabic and Malay Bibles use the word ‘Allah’ to refer to God. In the case of Arabic, it has been so for at least 1,300 years, and in the case of Malay, which “borrowed” the word ‘Allah’ from Arabic, for at least 300.

Even so, Justice Apandi ignored both history and language when he claimed that the Arabic and Malay language word for God – Allah – belongs exclusively to Muslims. That is because Jews and Christians used the word ‘Allah’ before the Prophet was even born.

Judge Apandi also was wrong when he said that the Jews have always referred to God as ‘Yahweh’. My own “quick research” on Wikipedia, which must have lasted 15 seconds longer than the learned judge’s, shows that the Hebrew Bible uses many names for God.

While Yahweh is indeed the most common expression, two others are ‘Elah’ and ‘Eloah’. They both sound very similar to ‘Allah’ and there is a reason for that. Just as Jews, Christians, and Muslims all believe in the God of Abraham, the Hebrew, Aramaic, and Arab languages are all related to each other.

Most scholars say that Jesus spoke Aramaic, not Hebrew. And when Jesus spoke of God, he said, “Ellah.” That sounds remarkably very similar to the Arabic ‘Allah’. And it should, because Aramaic and Arab are what linguists call “cognates.”

As word of Judaism and Christianity spread into the Arabian Peninsula, ‘Allah’ became the Arabic language name for the God of Abraham. The word ‘Allah’ was used first by Arab Christians and Mizrahi Jews, and only later by the Prophet and Muslims.

Sorry, Justice Apandi. Sorry, Mahathir. Sorry, Najib and UMNO.

If anyone owns the “trademark” on the word ‘Allah’, it is the Christians, who first spread the word of the God of Abraham into the Arabian peninsula, and who first used the word ‘Allah’. But here is the point – no Christian Malaysian insists and no Arabic-speaking Christian insists that the word ‘Allah’ belongs exclusively to them.

So the burden of proof therefore is on any Malaysian who ignores history, language, and the facts – and who ignores what the rest of the Islamic world is doing – and simply asserts that only Muslim Malaysians may use the word ‘Allah’.

Raja Zalim Raja Disanggah


February 23, 2014

Raja Zalim Raja Disanggah

imageby Din Merican

Karpal Singh has been convicted under s.4(1) of the Sedition Act 1948 for saying that “the Sultan of Perak can be sued” for causing the removal of the PAS Menteri Besar Nizar Jamaludin, which  led to the BN seizing control of the state assembly through the back door by bringing in an unelected person to be Speaker,  thus giving majority to BN in the Perak State Assembly to install Zambry Kadir as Menteri Besar.

Sedition is an antiquated and undemocratic offence and most modern states have repealed or put it into disuse. It certainly has no place in a modern and democratic Malaysia that we aspire to be.

Sedition is an antiquated and undemocratic offence and most modern states have repealed or put it into disuse. It certainly has no place in a modern and democratic Malaysia that we aspire to be.

The story of the sneaking in of a new Speaker into the Perak state parliament; the story of how Regent Raja Nazrin waited from morning in the Royal Chambers to deliver his opening speech, only to get to do it in the late evening as if nothing had happened at all are all well documented.

Sivakumar is half pushed, half pulled out of the chambers. He was forcibly removed from the speaker's chair .

Sivakumar was half pushed, half pulled out of the chambers. He was forcibly removed from the speaker’s chair .

The Constitutional Crisis of Perak was unprecedented not only in Malaysian history but also in the history of any country in the world. Even the assassination of Julius Caesar could be justified because Julius Caesar wanted to be Emperor of Rome and Brutus and gang wanted to prevent him from getting that approval from the Roman Senate. Brutus justified the murder by saying “It is not that I love Caesar less but I love Rome more.” So, Julius was disposed in the Senate just before he became Caesar to protect democracy against dictatorship. In Perak, democracy was assassinated  right in the very house of a state parliament.

The Ruler asked Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin to resign together with the executive council members. Sultan Azlan Shah also ominously declared - if they refuse to resign the post (of Menteri Besar and State Executive Councilors) would be considered vacant.

The Ruler asked Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin to resign together with the executive council members.
Sultan Azlan Shah also ominously declared – if they refuse to resign the post (of Menteri Besar and State Executive Councilors) would be considered vacant.

And by whom?

By none other than the constitutional head of the state. This was democracy in modern times being crucified by the very person who is to be the umbrella and protector of democracy and the people’s rights to its elected government. And democracy died.

It is totally unjust and un-democratic for MPs to switch parties and claim that they still represent what the people voted them in for.

It is totally unjust and un-democratic for MPs to switch parties and claim that they still represent what the people voted them in for.

Given that dramatic event, is it beyond the reasonable man’s mind that the people would speak out? Is it beyond expectation that the Rakyat would rise and object? Even if those reposed with trust to advise the rulers on such matters abdicate their duty because of fear as in this proverb “Tohok Raja Tiada Dapat Dielakkan”, the history of mankind has shown that there will always be A Few Good Men who would speak out for the truth. Karpal Singh would not be called the Tiger of Jelutong if he did not roared out his views over something so manifestly wrong. At least Karpal did not throw stones at the royalty of Perak as some people did to express their disgust over what was seen as the palace complicity in the assassination of democracy.

I recall video footages and pictures of the people of Perak throwing stones at the Regent’s car. That was how disgusted the Rakyat felt towards the Perak royalty. As a Malay, I felt very sad to see the consequences when the royalty and monarchy are dragged to descend into the arena of gutter politics. That would be unthinkable in Thailand where the monarch has always remain impartial to party politics. And that impartiality ensures not only the monarchy’s survival in a modern democracy like Queen Elizabeth of England but also remain revered by the people like King Bhumipol Adulyadej of Thailand. The monarchy must learn to read the Rakyat’s pulse and be a unifying force like how Winston Churchill encouraged the stuttering King George VI to deliver that famous speech unfiying Britons as Britain went to war in the  movie The King’s Speech.

A vehicle with a yellow (royal) registration plate, said to be ferrying Perak crown prince Raja Nazrin Shah, was pelted with stones by angry supporters of the PRU12, which has shown PR won the State of Perak.

A vehicle with a yellow (royal) registration plate, said to be ferrying Perak crown prince Raja Nazrin Shah, was pelted with stones by angry supporters of the PRU12, which has shown PR won the State of Perak.

Yet, in Perak the Rakyat’s expressed its utter disgust. Why?

HRH Sultan of Perak is Raja Azlan Shah who before becoming Sultan was the Lord President of Malaysia, the chief judge of the country. There were much hopes when Raja Azlan Shah became Sultan.

HRH Sultan of Perak is Raja Azlan Shah who before becoming Sultan was the Lord President of Malaysia, the chief judge of the country. There were much hopes when Raja Azlan Shah became Sultan.

HRH Sultan of Perak is Raja Azlan Shah who before becoming Sultan was the Lord President of Malaysia, the Chief judge of the country. There was much hope when Raja Azlan Shah became Sultan. There was hope that His Majesty would put some semblance of Rule of Law in the governance of his own state of Perak and in the country when Raja Azlan Shah became Yang DiPertuan Agong of Malaysia. The Perak Royalty was regarded as one of the more educated royalties of this country. So, when Raja Nazrin became regent and espoused all the ideals of good governance, the people became hopeful. The people agreed with everything Raja Nazrin said. He became a symbol of an enlightened royalty of Malaysia like the big white hope of boxing. But all hopes dissipated. That disappointment culminated in the manner that MB Nizar was deposed. And the Perak Royalty lost all credibility. I am saying this because people tell me so and it is my duty to convey this so that our royalty can reflect on their relevance and survival in a new world.

The prosecution and conviction of Karpal Singh who is a parliamentarian and a senior lawyer does nothing to instil respect, love and reverence for our royalty and monarchy. It will do the exact opposite as can be seen in the extinction of other monarchies in the world. If that happens, the Malays will have to blame UMNO, our Malay politicians and our Malay holders of public offices including the Judiciary for being less than wise in managing such issues.

ICJ's International Legal Advisor on Southeast Asia Emerlynne Gil said this conviction sends out a message that lawyers in Malaysia are not free to express their opinions about legal issues.

ICJ’s International Legal Advisor on Southeast Asia Emerlynne Gil said this conviction sends out a message that lawyers in Malaysia are not free to express their opinions about legal issues.

We, Malays, make such a big fuss about protecting kedaulatan Raja-Raja Melayu and, in doing so, we instigate for the prosecution of anyone especially non-Malays like Karpal to teach them a lesson not to memperlekehkan our Raja-Raja. As a result, we bring to the world’s attention the oppressiveness of our archaic laws and the abuses that can arise from such laws. In the end, we will be the losers because we never heed our own peribahasa – “Kasihkan Raja Di Atas Usungan”.

I will not explain the meaning of that proverb so that you, the readers, and hopefully all Malay politicians will research, read and apply that peribahasa in the proper context when dealing with our Malay royalty.

 Same case, same judge, different judgments -- only in the land of endless possibilities! mj


Same case, same judge, different judgments — only in the land of endless possibilities! mj

In prosecuting and convicting Karpal Singh, neither the Malay executive nor the Judiciary gave cogisance to another Malay legal maxim or peribahasa which is so significant in this context. If Karpal Singh can be convicted for sedition just for questioning the powers of a malay monarch, then this maxim must be expunged from the Malay perbendaharaan of peribahasa – “ Raja Adil Raja Disembah Raja Zalim Raja Disanggah“.

Dear Tuanku, Please stop this Robbery in the Name of Islam


February 12, 2014

Dear Tuanku, Please stop this Robbery in the Name of Islam

MY  COMMENT: A few days ago in my article “Islam at theFacebook-K and D Crossroads in Malaysia”, I raised several issues that have been plaguing our country. I received both positive and negative comments, all of which I posted in the comments section as I believe that a healthy exchange of ideas is the foundation for freedom of expression. Even comments from UMNO Cyber troopers were allowed access and posted, so long as they respect my condition for non-vulgar or crass exchanges. It is difference of opinion that will strengthen us as a people of one nation. We must be allowed to disagree. Unity in diversity. That is what that has made Malaysia unique.

I am gratified that most readers were equally concerned about my safety upon hearing about my accident. Even old friends like the former US Ambassador John Mallot wrote in to express concern. But I also wrote about current issus that troubled me, especially about the abuses of the law and legal processes by religious authorities. I also wanted to give moral support to my young friend, Lawyer Rosli Dahlan, that he should not feel guilty about doing cases against the religious authorities. He should not feel guilty about representing Chinese companies or individuals who are robbed of their land, whose premises are violated and trespassed. For that matter, neither race nor religion should be of any consideration when one fights for truth and justice.

The secret of life is to have no fear; it's the only way to function.

The secret of life is to have no fear; it’s the only way to function.

Today, I read in the Malay Mail that Rosli Dahlan had succeeded in persuading the High Court to check the misconduct of Jabatan Agama Islam Selangor (JAIS). Yes, the same JAIS that seized the Christian Bible with “Allah”. I say bravo to Rosli. I say fight on without fear or favour. I am proud that there is a fearless Malay Muslim lawyer who will take on JAIS, which of late has been committing mischief and seems to be on a frolic of its own. If, as many have said, JAIS takes directions only from HRH The Sultan of Selangor, then I say this to HRH Tuanku:

“Ampun Tuanku, Sembah patek harap diampun. JAIS yang dibawah naungan Tuanku bertindak sesuka hati sehingga mencemarkan nama Islam dan merosakkan perpaduan kaum. Maka Patek mohon sudilah Tuanku perhatikan sedikit hal ini supaya Negeri Selangor Darul Ehsan tidak bertambah porak peranda. Ampun Tuanku.”

Now read the report from Malay Mail below and tell me is JAIS is not committing land robbery in broad daylight in the name of Islam.–Din Merican

THE MALAY MAIL ARTICLE:

February 12, 2014

http://www.themalaymailonline.com/malaysia/article/developer-wins-leave-to-challenge-land-acquisition-by-islamic-authority

Developer Wins Leave to Challenge Land Acquisition by Islamic Authority

by Ida Lim

The Shah Alam High Court today allowed a private developer to legally challenge the Selangor religious authorities’ compulsory acquisition of its land.

According to private developer United Allied Empire Sdn Bhd (UAE)’s lead counsel Rosli Dahlan, High Court judge Vernon Ong also froze all action on the 26-acre plot of land until the end of the judicial review proceedings.

“The judge gave a full stay until the judicial review (is fully heard),” Rosli told The Malay Mail Online.

On January 23, the High Court had granted an interim stay, temporarily blocking all action on the land until it delivered its decision today on UAE’s application for a judicial review.

Rosli said the judge today also allowed UAE to include their requests for declaratory reliefs in the judicial review case. He explained that the court usually only allowed judicial review applicants to ask for an order to quash the alleged wrongful actions.

The hearing date for the judicial review has not been set.

In the lawsuit, UAE had accused the Selangor Islamic Religious Department (Jais) of abusing their powers to grab its land in Bestari Jaya — an area formerly known as Batang Berjuntai — in the state’s Kuala Selangor district.

 The developer claims JAIS’s declared intention for land acquisition in a government gazette contradicts a notice of MAIS's proposed project, which is seen in front of the existing Masjid Ar-Ridwan mosque in Batang Berjuntai, Selangor.


Given 1 acre by UAE (the Developer) for a Mosque, but MAIS acquired 26.281 acres

UAE had written to Prime Minister Datuk Seri Najib Razak and Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim last April 12, seeking their intervention on the dispute with Jais and other state bodies, but no reply was received, Rosli said last month.

UAE had written to Prime Minister Datuk Seri Najib Razak and Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim last April 12, seeking their intervention on the dispute, but no reply was received, lead counsel Rosli Dahlan said last month.

UAE had written to Prime Minister Datuk Seri Najib Razak and Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim last April 12, seeking their intervention on the dispute, but no reply was received, lead counsel Rosli Dahlan said last month.

As a last resort, UAE last April 22 applied for a judicial review to revoke the compulsory acquisition of its land measuring 26.281 acres — roughly the size of 20 international football fields.

UAE said Jais had hidden their real intention to build a fully integrated Islamic school with hostel, shelter and rehabilitation centre on the land. The government had gazetted the land for the construction of a giant mosque.

The ethnic Chinese-owned company has also accused the state authorities of purported racial oppression and violation of its constitutional rights. It alleged that the religious bodies had abused their powers to avoid paying fair compensation for the land and had shored up their land bank for future development.

According to UAE, compulsory acquisition of private land was only allowed if it benefited the public under Article 13 of the Federal Constitution. The same article also says that property owners should receive adequate compensation for the compulsory acquisition or use of their property.

In its judicial review application, UAE named the Director of Selangor’s Land and Mines Department, the Kuala Selangor land administrator, Jais, the Selangor Islamic Religious Council (MAIS), Selangor Zakat Board and the Selangor government as respondents.

The developer also argued that the land authorities’ decision to allow the acquisition amounted to an “unreasonable exercise of power” for failing to ensure legal compliance.

Also read the previous article : here

“A word is anything I say it means”


February 12, 2013

“A word is anything I say it means”

by Terence Netto@http://www.malaysiakini.com

COMMENT: “So you are a mercenary, lah,” quipped judge Richard Malanjum from the bench yesterday while Muhammad Shafee Abdullah was holding forth.

The Senior Counsel was expatiating on the list of parties and politicians he had appeared for in the course of a long career – a variety, he submitted, that would attest his professional skills more than his partisan affiliations.

A titer of laughter ran through the crowd at the Federal Court as Malanjum interjected to make the comment. But the matter at hand – a defendant’s right to a fair trial – was not a trifling one.

It concerned whether Shafee, who has been prolific in advocacy of clients regarded as adverse to the defence, could perform without presumptive bias the Deputy Public Prosecutor’s role in the government’s appeal of the High Court acquittal for sodomy of Anwar Ibrahim.

Malanjum (left), Chief Judge of Sabah and Sarawak, together with four others, was on a panel to decide a defence application to disqualify Shafee from appearing as DPP.

Malanjum made the remark as Shafee was attempting to rebut the defence argument that he was a political partisan, a hack with a bias for UMNO briefs.

Anwar’s lawyers had argued that Shafee’s past advocacy on behalf of a political entity seen as patently adverse towards their client had saddled him with bias sufficient to disqualify him for the role of DPP in the government’s appeal of Anwar’s acquittal.

Hearing of the appeal is scheduled for today and tomorrow at the Court of Appeal.

Amiable ribbing or deliberate putdown?

Shafee, whose riposte to Malanjum’s remark was that his was the business of professional practice of the law, was keen in comments to an inquiring press after the hearing, to make the point that Malanjum’s quip was to be taken in the spirit of banter.

Whether Malanjum’s comment was amiable ribbing or deliberate putdown, the nature of the profession is such that no lawyer can behave like a mercenary and at the same time be true to the profession’s ethics.

It would be a suicidal loss of essence to the concept of the Rule of Law if an officer of the court is motivated by mercantile considerations: a duty to the service of justice which underpins the whole concept of law’s rule and an attitude of hiring oneself out to munificent bidders is like water and oil – they can’t mix.

Given the gravity and majesty of the Rule of Law, Malanjum’s remark about the range of Shafee’s clients cannot be viewed as innocuous banter.
But Shafee (right) chose to interpret it in the spirit of Humpty Dumpty who famously held that “A word is anything I say it means”

However, the Rule of Law and the words used to formulate and interpret it cannot adopt the attitude of Humpty Dumpty whose creator, Lewis Carol, it is instructive to recall, was a mathematician and logician.

Precision in the making and interpretation of the law are an integral part of its panoply so that one cannot make light of a ranking judge’s remark such as Malanjum’s, more so when that advocacy is being commandeered for a public prosecutorial role that, by definition, is free of any presumption of bias.

Also, the practice of law is a tradition, with a known set of rules and attached meanings.This tradition is an accumulation of nuance given pith and moment by the behaviour of the profession’s leading lights.

Evidence given by a critical witness

In the course of his submissions yesterday on the matter of his fitness for the role of DPP, Shafee mentioned that he had assisted the late and eminent Raja Aziz Addruce in a 1987 court case that eventuated in the illegalisation of UMNO.

Judge Harun Hashim’s decision to render UMNO illegal triggered a concatenation that saw then Lord President Tun Salleh Abas hauled before an international tribunal of judges to be impeached, an episode that Salleh’s predecessor, Tun Suffian Hashim, would bemoan as the most “shameful” in our judicial history.

Perhaps the most excruciating aspect of the whole charade was the presence as head of the tribunal of Abdul Hamid Omar, the Judge who stood, in terms of promotion, to gain from Salleh’s impeachment.

Salleh was impeached and Hamid duly promoted to the vacant Lord President’s position. After that, for as long as Hamid was head of the judiciary, Raja Aziz (left), the Bar’s preeminent member at that time, chose as a matter of principle not to appear before any panel of the apex court that included Hamid.

The protest meant that Raja Aziz had to forgo much in the way of professional fees. This is the type of conduct that added several cubits to Raja Aziz’s already high standing among peers and lent luster to the ethical bases on which the legal profession stands.

Shafee has been on public record on the line of argument he will take in the appeal of Anwar’s acquittal for sodomy.

From what he has said, he will necessarily rely on the evidence given by a critical witness, DSP Jude Pereira, whose handling of DNA exhibits High Court judge Zabidin Mohd Diah found to be unreliable and, therefore, inadmissible as a basis for convicting Anwar of sodomy.

In a Human Rights Commission (Suhakam) inquiry in 2009, as panel chairperson, Shafee impugned the probity of the same Police Officer whom the chair found unreliable as a witness in a matter concerning the violation of the rights of five lawyers who had complained to the commission on their treatment.

Today and tomorrow’s hearing on the appeal of Anwar’s acquittal will go a long way in establishing whether Shafee can with a straight face argue that what has not been good for the Suhakam goose can be good for the Court of Appeal gander.

Malaysia’s Political Outlook 2014: Key Challenges Facing Najib


December 26, 2013

RSIS No. 236/2013 dated 26 December 2013

Malaysia’s Political Outlook 2014: Key Challenges Facing Najib

by Yang Razali Kassim

Synopsis

Prime Minister Najib Razak’s top-most concern in the new year is not just UMNO’s dominance but also its very survival. Signals from the recent party general assembly point to a three-pronged strategy to achieve this aim.

Commentary

Rosmah and NajibMALAYSIAN PRIME Minister Najib Razak approaches 2014 with one big worry on his mind: how to win – decisively – the next general election (GE) that has to be called by 2018. The last one seven months ago on May 5 saw his ruling Barisan Nasional (National Front) coalition making its worst showing since 1969: despite winning the majority of seats, BN lost the popular vote to the opposition alliance led by Anwar Ibrahim.

As the new year begins, the big signal from Najib is that “1Malaysia” will probably have to be set aside as an electoral strategy. This is significant as it could mean that his vision of a unified, cohesive and inclusive plural society that was much touted in the 2013 GE – is as good as cast to the backburner.

Najib’s conservative swing

At the recent general assembly of UMNO, the anchor party of the multi-racial BN coalition, 1Malaysia was hardly mentioned in Najib’s keynote speech. Yet when resolutions were debated, one delegate sought to kill the whole idea, calling for 1Malaysia to be replaced by “1Melayu” – or 1Malay, referring to the majority community that UMNO represents.

Najib did not respond in defence of 1Malaysia. Instead his entire rhetoric during the assembly was primarily about advancing the Malay and Muslim agenda – signifying a major refocusing on this core constituency as UMNO gears up early for the 14th GE.

Unchallenged as president in party elections prior to the assembly, Najib has one TDMeye on his own political survival. The still influential former Prime Mnister Mahathir Mohamad has been uneasy about the BN’s worst showing at the May 5 polls and may want to ease Najib out, just as he did to Najib’s predecessor Abdullah Badawi. As his popularity dips due to some economic belt-tightening policies expected in the new year, Najib’s swing to appease the UMNO conservatives is not surprising.

Party hardliners are convinced that the multi-ethnic BN’s political survival rests increasingly with UMNO, whose survival in turn rests on the Malay constituency, which is synonymously Muslim. While 1Malaysia was designed to embrace all the races, its failure to attract the non-Malays, especially the ethnic Chinese, at the last

GE has weakened Najib’s hand.

The conservative faction’s argument is this: Forget about winning over the non-Malay vote and focus on expanding the Malay/Muslim ground. UMNO is strong enough to stand on its own; while the BN coalition won 133 seats overall in GE13, UMNO alone, as its anchor, won the most seats with 88 – even more than any of the opposition parties, whose combined tally of 89 seats was just one more than UMNO’s. In other words, it is UMNO that will remain the backbone of the political system. Thus Malay political power will be pivotal to the country – from political stability and security to economic progress and development.

UMNO’s three-pronged strategy towards GE14

This conservative logic formed the bedrock of the “back to basics” strategy that was spelt out by Najib, whose speech was themed “Fortifying the Future”. Going forward, UMNO will pursue three strategic thrusts – or what Najib called the “three messages from the assembly”: The first is a turn towards Islamic Shariah; the second is a stronger Malay and bumiputra agenda, for which, he said, UMNO need not be apologetic; and the third a “transformed UMNO” as a “party of the 21st century”. It is significant that UMNO as the “party of the future” will become not just more Malay, but Islamist at the same time.

Becoming more Islamist for a Malay-nationalist party like UMNO is an equally significant shift. Ideologically-driven Islamist parties actually find ethno-nationalism objectionable. UMNO clearly is positioning itself as the primary political vehicle for the Malay and Muslim constituency, thus raising the prospects of an all-out contest for power with the opposition Islamist PAS, even as UMNO – paradoxically – woos PAS for unity talks.

Umno's embelmUMNO’s drift towards a more Islamist identity was marked by a highly controversial drive to pitch itself as the defender of Sunni Islam in the face of what it paints as the growing threat of Shiism in the country. The federal constitution would be reworded to define the official religion as “Islam Sunnah Wal Jamaah” or Sunni Islam, not simply Islam. That this move is partly politically-motivated is seen in the immediate targeting of the PAS deputy leader as a closet Shia and therefore a threat.

The second thrust of a greater push for the Malay and bumiputra agenda is clearly aimed at solidifying the Peninsular-East Malaysia axis around the Malay core. Najib conceded the crucial role of the “fixed deposit” states of Sabah and Sarawak in BN’s ultimate win in the last GE. As many see it, if not for these two states, there would have been a change of government in Malaysia. With Najib’s renewed emphasis on the Malay and bumiputra agenda, the New Economic Policy that officially ended in 1990 but was unofficially continued, has finally been resurrected in all but name. CEOs of all government-linked companies have been given KPIs to realise this goal on pain of seeing their contracts not renewed.

To complete the three-pronged strategy, UMNO will go all out to win the young voters. In the next GE, some six million new voters will be casting for the first time. The majority are likely to be anti-establishment and anti-UMNO. They could make a difference whether there will finally be a change of government or not in GE14. No wonder Najib made it clear: UMNO must win over the young voters and master the social media with which the young are savvy.

Implications

UMNO’s eagerness to recover its eroded political ground has seen it responding in unexpected ways, with implications yet to be fully fathomed. Its readiness to march to its own drumbeat is a warning to friend and foe alike that the rules of the game will be set by UMNO alone.

To its ethnic-based political allies in BN, which are facing their own internal crises, the message is that the BN power-sharing system will be on UMNO’s terms. To the opposition, the message is clear: whoever controls the Malay and Muslim ground will control power – and it is not going to be the opposition, which is not homogenous ethnically and ideologically.

UMNO is desperate to win. Going forward, all communities will be forced to ponder what this means for them and the country.

Yang Razali Kassim is a Senior Fellow at S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University.