Bar Ragunath from the Bar!

December 6, 2010

BREAKING NEWS: Mahathir’s Political Crony, Al-Toyol was charged at Shah Alam Sessions Court

Former Selangor Menteri Besar and Mahathir political crony, Dr Mohd Khir Toyo (Al-Toyol) has been charged with corruption, alongside Ditamas Sdn Bhd director Shamsuddin Haryoni. Al-Toyol was charged under Section 165 of the Penal Code, with knowingly accepting a bribe, in form of two plots of land in Section 7, Shah Alam, for his mansion  at a substantial discount from Shamsuddin.

Istana Toyol with the help of Ketok Magik

Judge Azhaniz Teh Azman Azhanis then set bail at RM750,000.Can we expect more to come ? In PKFZ, where some UMNO big wigs are involved in a scandalous land acquisition deal, and in Tourism Malaysia, for example.–Din Merican

http://www.malaysiakini.com/news/150062

December 5, 2010

Bar Ragunath from the Bar!

by Din Merican

On  November 24, Raja Petra Kamarudin (RPK) exposed the Haj pilgrimage  scandal involving Attorney-General (AG) Gani Patail and the former Malaysia Airlines Chairman Tan Sri Tajudin Ramli’s proxy, Shahidan Shafie.

And after doing all these evil deeds, they purport to repent and put on a public show of visiting God’s house in Mecca to seek forgiveness.

ACT 1: Enter Robert Phang

On November 30, Tan Sri Robert Phang Miow Sin, a member of the Consultation and Corruption Prevention Panel of the Malaysian Anti-Corruption Commission (MACC) gave a press conference demanding AG Gani Patail to explain his conduct as exposed by RPK. Phang also accused AG Gani of selective prosecution and mentioned several cases including that of Lawyer Rosli Dahlan.

The alternative media has created the perception that Rosli has been victimised as a result of his professional role in pursuing civil and criminal action against former Malaysia Airlines chairman Tan Sri Tajuddin Ramli.

Phang said that Rosli had been victimised because he pursued civil and criminal actions against Tajudin Ramli. MACC’s apparent reluctance to take any action against Tajuddin and Shahidan raised a lot of suspicions, especially since report by the MD of MASKargo, Shahari Sulaiman, specifically mentioned Shahidan Shafie as Tajuddin’s proxy who orchestrated the police closure of the MAS case. Shahidan has his wheeling dealing tentacles everywhere in the law enforcement agencies. He is Mr Fixit.

Shahidan Shafie is known as Mr. Fixit

The AG refuses to drop the case against Rosli Dahlan

Yet, AG Gani refused to allow MACC to withdraw the case against Rosli. According to AG Gani, he has absolute discretion under Article 145(3) of the Federal Constitution and there is nothing anyone can do about it. AG Gani flatly rejected the recommendation by MACC’s Chief Commissioner, Dato Seri Abu Kassim, to withdraw the charge against Rosli. Abu Kassim knew that the MACC is flogging a dead horse in Rosli’s case. Abu Kassim told Tan Sri Robert Phang, former  Senator Dato William Lau and several others that the MACC did not want to drag Rosli’s case any further. But AG Gani Patail said  NO. He wanted to teach Rosli a lesson as a signal to everyone else never ever to go against him.

AG Gani flatly rejected the recommendation by MACC’s Chief Commissioner, Dato Seri Abu Kassim, to withdraw the charge against Rosli.

 

ACT 2: Minister Nazri Aziz and the Mainstream Media

When Tan Sri Robert Phang gave his press conference on  November 30, he was concerned that the MACC was being seen as a rubber stamp to all the wrongs committed by AG Gani Patail as accused by Dato’ Mat Zain Ibrahim, formerly OCCI KL, in his public letters. But the main stream media (MSM) -  The Star, The NST, Utusan Malaysia and Berita Harian were extremely quiet, as if there was a news embargo to report against anything about AG Gani or Shahidan. The same MSM selectively chose not to report on Robert Phang‘s press conference. Those that reported, picked Phang‘s quotes very selectively.

Selective Reporting and Spin by Mainstream Media (MSM)

Yet, the next day, the MSM widely publicised Minister in the Prime Minister’s Department, YB Dato‘ Seri Mohd Nazri Aziz, slamming Phang for that press conference. Feeling hurt that Nazri had used some unMinisterial language on him, Phang responded with a biting press statement. Again, the MSM embargoed Phang’s press statement, which you can see in my previous posting. Phang is no old coot who only whines. To take on Nazri Aziz, a person has to be a “real jantan“. Those are not my words. Those are Nazri’s words whenever he challenges anyone. Now that Phang has retorted, we will wait and see whether Nazri barks and bites to see who is the real jantan between them!

Nazri had used some unMinisterial language

To be fair to Phang, his retort to the Minister is legitimate. There was no necessity for Nazri to be over defensive by being offensive. The public has a right to know if AG Gani is compromised by his relationship to Tajuddin’s proxy. The public is entitled to know if AG Gani’s decision not to pursue action against Tajuddin is tainted by his close relationship with Shahidan. Is that an innocent social relationship? If it is, since when have they known each other? Did they know each other when the AG Chambers decided to close the MAS case?

Shahidan Shafie: Mr Fixit and Tajuddin’s Proxy

As for Shahidan, he has a chequered and dubious past. He was charged for bribery when he was the OC Secret Societies in Johore. It would be unbelievable for the AG if he claims he did not know this. The MACC has this record on Shahidan. Shahidan’s cousin and adopted sister, Rizana Daud, is married to Tajuddin’s brother, Bistamam Ramli. Tajuddin made Rizana the Company Secretary of MAS when the plunder of MAS occurred. When Tajuddin left,  MAS had accumulated debts amounting to RM8.8 billion.

As for Shahidan, he has a chequered and dubious past. He was charged for bribery when he was the OC Secret Societies in Johore. It would be unbelievable for the AG if he claims he did not know this.

Is the AG about to say that he did not know all that about Shahidan? Earlier on, RPK had produced eye witness accounts and photographs of AG Gani being beside Shahidan throughout his bereveament over his son’s death– from daylight to sunset. If that is not close relationship, what is then?

The AG: A Public Official?

That brings us to this issue – isn‘t the Attorney General a public officer? Isn‘t there a code of conduct that governs him as a public officer that the MACC should apply against him in evaluating the appropriateness of his conduct in consorting with Shahidan? If the MACC wants to take action against the AG, they can resort to Perintah Am Bab D (Tatakelakuan dan Tatatertib) Pegawai Kerajaan. But I am not going to teach the MACC to do their job. I pointed that out because there is a Malay proverb -“ Hendak seribu daya, tak hendak seribu dalih“ ( where there is a will, there is a way.)

ACT 3: Sudden Appearance of Ragunath Kesavan, Malaysian Bar President

What I really wanted to say in this piece is about the behavior of the President of the Malaysian Bar, Ragunath Kesavan.  He is a strange creature. Instead of focusing on his mandate to serve the interest of his legal fraternity, he dabbles in politics. coming from the President of the Malaysian Bar. His recent statement in defence of AG Gani’s conduct  is echoing Minister Nazri’s statement. Why is that coming from the President of the Malaysian Bar?

He is a strange creature. Instead of focusing on his mandate to serve the interest of his legal fraternity, he dabbles in politics. 

In case you wonder what is the Malaysian Bar, let me explain. The Malaysian Bar is a body, like an association, that represents all lawyers in the country. To be a lawyer, you must be admitted to the Bar. The Bar is managed, governed and regulated by a  committee that is elected by lawyers called the Bar Council, which is established under the Legal Profession Act. Ragunath Kesavan is the President of the Bar Council , which means he is supposed to voice out and protect the interest of his members – the lawyers in this country. Is he doing that?

We are now seeing a public spat between Robert Phang and Nazri Aziz. Phang wants AG Gani to explain his conduct, but Nazri says AG Gani owes no explanation to Phang whom Nazri regards as someone ordinary from the street. Phang has openly slammed AG Gani for victimizing Lawyer Rosli Dahlan. And Phang is not even a lawyer. He is not an office bearer in the Bar Council and he has nothing to do with the Bar. He is a social activist fighting for the cause of justice, and he sees injustice in the way Lawyer Rosli was treated.

Now should not that be the role of the Ragunath, President of the Malaysian Bar? Do we hear Ragunath issuing any statement to support Rosli as a member of the Bar? When an opportunity is created by Robert Phang, did Ragunath show his leadership of the Bar by articulating the misconducts of the AG with Shahidan? Sadly No!

Instead, we have the President of the Bar, Ragunath Kesavan, sounding apologetic, sympathetic and even defensive of AG Gani Patail. I am repulsed by the comments made by Ragunath to Malaysiakini’s Hafiz Yatim on December 3. When asked whether AG Gani should be made answerable, Ragunath said: “I am not sure whether Abdul Gani should answer them, but we feel it would depend solely on him to respond.”

Ragunath also said that he was aware of the photographs of AG Gani’s visit to Shahidan’s house posted on the Malaysia Today website, but then apologetically added  that “There were many other people there, not only Abdul Gani, and this should not be an issue.” The AG spent more than a normal visiting hours at the funeral too !

Shahidan Shafie (his hand slightly covering his face) consoled by the Attorney-General

When Ragunath was asked about any possibility of a relationship between AG Gani and Shahidan that would have prompted the “no action” against Tajuddin, Ragunath dismissed it as just a rumour. A rumour?! What is wrong with this man?

Ragunath also question that the situation between AG Gani and Shahidan : Still there is no proven link  ?

Ragunath also said that the situation between AG Gani and Shahidan differed from the VK Lingam/CJ Eusoff Chin affair and then added that – “In the present case, there is no proven link and that without such evidence, the Bar Council would not be critical about the allegations made against AG Gani.”

I was aghast upon Ragunath’s answers. This man is an embarrassment to the Bar, which had gained so much respect during the tenure of its previous President, Dato’ Ambiga Sreenevasan. Either he is a political moron, or he has a personal agenda. There are so many things that he could say about as to the proper conduct of a public officer like the Attorney General. He could refer to the Perintah Am Bab D (Tatakelakuan dan Tatatertib) Pegawai Kerajaan which is clearly applicable to  AG Gani Patail:

BAHAGIAN II TATAKELAKUAN

4.(2)Seseorang pegawai tidak boleh—

(a)       membelakangkan tugas awamnya demi kepentingan peribadinya;

(b)       berkelakuan dengan sedemikian cara yang mungkin menyebabkan kepentingan peribadinya bercanggah dengan tugas awamnya;

(c)       berkelakuan dengan apa-apa cara yang mungkin menyebabkan syak yang munasabah bahawa—

(i) dia telah membiarkan kepentingan peribadinya bercanggah dengan tugas awamnya sehingga menjejaskan kebergunaannya sebagai seorang pegawai awam; atau

(ii) dia telah menggunakan kedudukan awamnya bagi faedahnya sendiri;

(d)   berkelakuan dengan sedemikian cara sehingga memburukkan nama atau mencemarkan nama perkhidmatan awam;

(e)       kurang cekap atau kurang berusaha;

(f)         tidak jujur atau tidak amanah;

(g)       tidak bertanggungjawab.

All Ragunath had to do was to tick any of the above limbs that would apply to AG Gani Gani in his relationship with Shahidan. In case his frozen brain is still uncertain which limb is applicable to AG Gani Patail, now let me help him – tick “All of the above“. Truly, AG Gani Patail’s conduct breeds more than just suspicion that he had been compromised.

Ragunath could also have alluded to the fact that the AG’s post is that of a Federal Court Judge as provided for under Art. 145(1) of the Federal Constitution. That would subject AG Gani to some analogy to the Judges’ Code of Ethics as provided for in Art.125(3B) of the Federal Constitution where a Judge can be removed for conduct unbecoming or for causing disrepute to the judiciary. This would include consorting or fraternizing with people of ill repute or disrepute or people of dubious reputation :This Code of ethics may be cited as the Judges’ Code Of Ethics 1994

Judges’ Code Of Ethics 1994 (amended in 2000)

2. 2. (1) This Code of Ethics shall apply to a judge throughout the        period of his service. (1) This Code of Ethics shall apply to a judge throughout the period of his service.

(2) The breach of any provision of this Code of Ethics may constitute aground for the removal of a judge from office.

3. 3. (1) A judge shall not –

(a) Subordinate his judicial duties to his private interests’ ;

(b) Conduct himself in such manner as is likely to bring his private interests into conflict with his judicial duties;

(c) Conduct himself in any manner likely to cause a reasonable suspicion that:

- He has allowed his private interest to come into conflict with his judicial duties so as to impair his usefulness as a judge; or

- He has used his judicial position for his personal advantage;

(d) Conduct himself dishonestly or in such manner as to bring the Judiciary into disrepute or to bring discredit thereto;”

Look Ragunath, I am not a lawyer, but I am not too lazy to read or too dishonest to say things just to please certain people. I say to you, stop playing politics when it affects the life and well being of the people you are sworn to protect. You are the Bar’s President, yet you behave so shamelessly in defence of AG Gani instead of defending your fellow brother at law, Rosli Dahlan. There is a Malay proverb to describe your betrayal of your brother lawyer- “Harapkan pagar, pagar makan padi”.

I have been attending Rosli Dahlan’s trial from Day 1.

Let me say this to you also. I have been attending Rosli Dahlan’s trial from Day 1. In the beginning there was not even a representative from the Bar Council. After I started writing and after RPK publicized the shenanigans in court, then only the Bar started sending its representative. I suspect Ragunath did not want to miss out on a great show. Yet, not a single statement has been issued by  Ragunath Kesavan on the matter. And now he comes to AG Gani’s defence. Now he echoes Nazri Aziz’s stand. What game is Ragunath playing? This Malay proverb aptly applies to Ragunath – “ Sokong membawa rebah”.

This man is playing politics and one day I will tell you why. For the time being, I  urge that lawyers bar Ragunath from the Bar! He should be put on the carpet for his indiscretion.

 

 

Ketuanan Rakyat is the Way Forward

January 8, 2010

Ketuanan Rakyat, not Ketuanan Melayu, for Malaysia’s Future

By Din Merican*

With Tengku Razaleigh and Dr. Kamsiah Haider at ISEAS Regional Outlook Forum 2010

It is indeed my distinct honour to be invited by the Institute of Southeast Asian Studies to speak at this very prestigious annual Regional Economic Outlook Forum, the first in the second  decade of the 21st cenutry. I thank Ambassador K. Kesavapany, its dynamic Executive Director, and his staff for their kind hospitality and consideration. I can now add this to enhance my personal resume! It is always a pleasure to be in Singapore.

I stand before you as a perplexed, embarrassed and frustrated Malaysian. I cannot bring good tiddings for 2010 to you all today when I know all is not well in my beloved country, just across the Causeway from where we are now.

The Teoh Beng Hock Inquest is stalled and the Thai Forensic specialist has been harassed and her personal safety could be compromised because of her dissenting views on Beng Hock’s death.  Two people (a RMAF sergeant and a young businessman, both of Indian decent,) were charged for stealing two fighter jet engines (at rm50 million a piece) of the Royal Malaysian Air Force, and I would have thought that responsibility remains at the top. Apparently, not so in this case. Even God’s name has become an emotional political issue, which is being exploited some reckless politicians and supremacists in UMNO and their supporters.

Anwar Ibrahim goes to trial from January 25 to February 25, 2010

Later this month, Anwar Ibrahim goes to trial for Sodomy 2 and its aftermath is now a matter of conjecture. Would he be treated in the same way as he was in 1998? In the mean time, racial and religious tensions are on the rise and I hope the authorities can manage the situation well. I fear the return of emergency rule when all else fails. But I pray that I am wrong in taking such an alarmist stance.

I have chosen to speak on Ketuanan Melayu (Malay Supremacy) that best describes the politics of UMNO at the present time and also to provide some comments on an alternative concept, Ketuanan Rakyat.  Allow me from the outset to say that Ketuanan Rakyat is the way forward and offers exciting opportunities for Malaysia to redefine and reassert itself as a partner in ASEAN and a member of the world community.

It was in Singapore many years ago that the idea of Malay supremacy was first mooted by a former NST Group Editor, Abdullah Ahmad, better known to us in Malaysia as Dollah Kok Lanas. It was quickly adopted by our 4th Malaysian Prime Minister Dr. Mahathir Mohamad, aka “The Malaysian Maverick”, to borrow this label from Mr. Barry Wain’s book, in his then political struggle with Tengku Razaleigh for the leadership of UMNO. It was the same Dollah who created the concept of “social contract”. None exists except perhaps what is embodied in the Malaysian constitution.

Ketuanan Melayu: Feudal and Elitist

What is Ketuanan Melayu? It is feudal in conception, and elitist in its execution. It gives us the impression that the Malays collectively are the Tuans of Malaysia while the rest of the population (about 40%) are either pendatangs (immigrants), or aliens who should be grateful to the Malays that they are allowed to live and work in bountiful Malaysia.  Hence, it is important that political power remains in the hands of the Malays with UMNO acting as custodian and protector of Malay sectarian interests.

In truth, the Malays are not the real rulers or tuans; they are being led by an UMNO elite class of politicians working hand in hand with favoured businessmen and bureaucrats. But admittedly, it does make the Malays in general feel good about themselves, that they are actually in charge, and everything revolves around them including the fate of a pluralist Malaysia. It has also enabled UMNO to retain the support of the rural Malay heartland and to justify their policies and actions over the last 3 decades to maintain its hegemony of national politics and the economy.

We are familiar with the consequences of these policies and programme that have come to characterise the Malaysian political and socio-economic landscape. The NEP based affirmative action programmes that were implemented in the 1970s, initially designed to eradicate poverty and unify the country, were intensified under the Mahathir Administration (1981-2003).

While these policies, especially those in connection with the restructuring of the economy via the creation of a bumiputra commercial and industrial community, were successful in accelerating the pace of economic development (Malaysia achieved high rates of economic growth at an average of 8 per cent per annum in real terms), the NEP and its successor the National Development Policy (NDP) after 1990 failed to enhance national competitiveness.

With Prof Ariff (MIER) and Prof Wang Gungwu

Today, Ketuanan Melayu is UMNO’s key to winning the hearts and minds of the Malays. The NEP was (and still is) pursued with such intensity that ethnicity combined with religious obscurantism has become deeply entrenched in Malaysian political culture. In fact, these policies created a new class of state sponsored Malay business community and widened the income gap between the rich and the poor, bringing with it new social tensions that now threaten to social stability and has undermined national unity. Malaysians are today increasingly identified by their ethnicity and religious orientation.

Corruption is systemic and deeply entrenched and despite claims that the NEP/NDP was a success, the Malay commercial class, consisting of those favoured by the dominant UMNO, has become increasingly dependent on a paternalistic, and all knowing and powerful state. Crony capitalism is today the foundation of the post Mahathir era, be it under Badawi and now Najib. This model is based on a strong state with the capacity to dish out projects at inflated cost.

Despite all the talk of a new Malaysian Economic Model based on high value services, research and innovation, I personally do not see any change in the way the UMNO-dominated government operates. It is a prisoner of its own system, or to be more generous of its success, and any attempt to change it will threaten the viability of UMNO itself.

Ketuanan Melayu is basically about the perpetuation of an economic system that is corrupt, divisive and discriminatory, and, in the final analysis, unsustainable and unstable. Even the Najib Government recognises the need to reconnect with all Malaysians under his 1Malaysia concept. But so far, Malaysians are not sure that the Prime Minister can convince his own party to abandon the addictive policies of his predecessors, and opt for an open, transparent and accountable government and fight corruption and abuses of power.

As you all know, March 8, 2008 was a tipping point in Malaysian politics which saw the emergence of a new political force committed to reform and change. Anwar Ibrahim-led Pakatan Rakyat coalition of Parti KeADILan Rakyat, DAP and PAS denied the UMNO-led Barisan Nasional its almost customary 2/3rd majority in the Malaysian Parliament and gained control of Kedah, Penang, Perak (now back under Barisan Nasional), Selangor and Kelantan. The people centred coalition has become the alternative for Malaysians to UMNO-Barisan Nasional.

But will the March 8 political tsunami lead to the emergence of a two party system which offers Malaysian voters for the first time in 50 odd years a choice between the UMNO-Barisan Nasional and Pakatan Rakyat? It is too early to say now, maybe it may happen in the latter part of 2010.

Pakatan Rakyat was a loose coalition of Parti KeADILan Rakyat, Democratic Action Party and PAS which was hurriedly put together before the 12th General Election. Now that some 18 months have gone, it has been shown that the coalition can be formalised and function as a true coalition of equal partners with a people-centred (Ketuanan Rakyat) political and socio-economic agenda.

Ketuanan Rakyat: Call for Freedom, Democracy, and Justice

Ketuanan Rakyat (People’s Sovereignty) is a rallying cry for freedom, democracy and justice. Built into this concept is the idea of service to the people by a government that is democratic, competent, open, transparent and accountable. It is a return to the foundations of our federalism as embodied in our constitution, and observance of the principles of good governance and the Rule of Law.

The whole idea is to restore public trust in government. I am, of course, not saying that this is can be done easily as it involves a thorough overhaul of the status quo. It is also threatens entrenched interests. In addition, it requires transformational leaders.

The Merdeka Constitution

It may worth remembering that the 1957 Merdeka Constitution which was retained in its essence when the federation was enlarged to include the Borneo states of Sabah and Sarawak and also Singapore in 1963, was a delicate piece of craftsmanship. It sought to fuse the disparate and seemingly conflictual strands of Malayan society into a coherent and viable whole.

Essentially, the Merdeka Constitution sought to work this fusion of the diverse elements of Malaysian polity, with the constitutional trappings of governance that would in essence be secular. Also, it sought to position the Malay people as primus inter pares, first-among-equals, in a multi-racial, multi-religious, polyglot population.

The glue binding these seemingly conflictual strands into a single garment of political destiny was democracy under a constitutional monarchy with its underlying concept of countervailing powers, otherwise known as separation of powers. Skeptics said this fusion was inherently unworkable, and not just for reason of the oxymoron reflected in the secularity of the constitutional framework; they feel that the first-among-equals status for the Malays would cause problems.

With ISEAS Executive Director, Ambassador K. Kesavapany

Thus they viewed the Merdeka Constitution’s fusion of inherently contradictory ideological positions – Malays as first-among-equals in an otherwise egalitarian polity, and Islam as the official religion with secularism as the governing ethos — as unworkable. Yes, it was a lack of faith in the Malayan and then Malaysian people’s capacity for democracy that was the unspoken basis for the skepticism about the Malayan and then Malaysian fusion of inherently conflicting constitutional presumptions.

Democracy floundered under UMNO-BN Rule

Under UMNO-BN rule, Malaysia’s experiment with democracy floundered. We have had decades of strong and paternalistic government committed to redressing the inequities of a colonial economic system where the Malays have been left out so to speak. But the colonial system took another form, when UMNO elites came to power, especially after 1969.

Our challenge today is building a more just and equitable system that can reconcile divergent interests and unite Malaysians as Malaysians, not as communities of Malays, Chinese, Indians, Dyaks and Kadazans living in enclaves of their own.

Malaysia today faces a different set of problems characterised by a breakdown in the Rule of Law, the emasculation of the judiciary and civil service, rampant corruption and abuse of power, a breakdown in the system of public governance and accountability and an economy that seems to be stalled by its over-dependence on cheap labour and commodities like palm oil, timber and oil and gas. It is generally accepted across the political divide that it can no longer be business as usual.

Pakatan Rakyat Approach embodied in The Common Policy Framework

The approach taken by the Pakatan Rakyat is different; it is more inclusive and participatory. The ideas on its future policies and programmes are driven ground up, gained from connecting with ordinary Malaysians and listening to the real life problems.

With ISEAS Malaysian Researchers

Let us take the example of Pakatan Rakyat’s Common Policy Framework. It is the outcome of much discussion with people from all walks of life through out the length and breadth of the country, from Perlis to Sabah.  It is drafted by a young team of leaders and thinkers from PKR, DAP and PAS. These policies are reality based and represent a total rejection or repudiation of communal based politics and race based affirmative action programmes which are at the root of the current serious ethnic, social and religious tensions in Malaysia.

The Common Policy Framework (CPF) is a major step in the right direction and that is why I said from the very outset that Ketuanan Rakyat is the future for a prosperous and competitive Malaysia. It was endorsed by delegates to the Pakatan Rakyat convention last December 19, and will be the basis of policies, plans and programmes for the next government, if Malaysians overwhelmingly vote the Pakatan Rakyat in the 13th General Elections.

The CPF deals with 4 pillars of Ketuanan Rakyat, namely, democracy with a constitutional monarchy, and good governance based on the Rule of Law, as a Malaysian way of life, high performance green economy that is strong, competitive, and just, social justice and human capital development, and a return of genuine federalism for better relations between the Federal and state governments with emphasis on the much neglected states of Sabah and Sarawak and a foreign policy that will enhance Malaysia’s relations with its neighbours and the world at large.

Old style politics, a nanny government, and corrupt leaders must be replaced by a new generation of leaders who subscribe to the proposition that people first in words and deeds. It is Ketuanan Rakyat, not Ketuanan Melayu. It takes good people and good systems to make a better Malaysia.

Likely Developments in 2010

Since the forum is also about likely developments in 2010, allow me to share with you my thoughts on the state of Malaysian politics. The political tsunami of March, 2008 brought swift changes in all the main political parties in the Barisan Nasional. At the same time, Pakatan Rakyat of Parti KeADILan Rakyat, DAP and PAS emerged as a new political force with clear shot at Putrajaya.

Some momentum has been lost due to internal squabbles and inter-party bickerings, but with a Common Policy Framework in place, Pakatan Rakyat will now able to work in a more unified and coordinated manner in 2010 and is gearing itself for the next general elections which could be held as early as 2011, if the economy recovers and if there is no emergency rule.

The MCA which suffered severe rejection by voters has yet to emerge from an internal power struggle between rival factions, one led by its President Ong Tee Keat and the other by the Minister of Health, Liow Tiong Lai. Behind the scene bargaining is ongoing to seek a practical solution to MCA’s dilemma. It is likely that with the intervention of Prime Minister Najib, all MCA factions will unite under its incumbent President. It is difficult to assess the damage to its body politic at this stage, but I think MCA’s  loss is DAP’s gain.

Gerakan too saw the retirement of ( now Tun) Lim Keng Yaik, but under the weak leadership of former Chief Minister of Penang and Senator Koh Tsu Khoon, the party is drifting and will likely play second fiddle to MCA and remain a junior partner in Barisan Nasional.

MIC’s President Samy Velu continues to survive. He has been able to introduce a young team of leaders who are loyal to him. His main agenda is to consolidate the party and given the leadership change already in place, MIC stands well poised to regain the confidence of the Indian community in the current year, given the fact the new Makkal Sakti Party is ravaged by dissensions within its ranks. But we cannot expect Samy Velu to relinquish his post any time in 2010.

On the surface, UMNO is united behind its new President. Thanks to Abdullah Badawi, the leadership change was smooth and orderly. Unlike Mahathir, Badawi has refrained from making unsolicited comments which could undermine Najib. The challenge for Najib will come from the ultra nationalist faction led by Muhyiddin Yassin. Najib will face serious challenges internally and from opposing forces in the form of Pakatan Rakyat and civil society.

The true test of Najib’s leadership and strength in UMNO will come from the way he tackles rampant money politics and corruption in government and the economy, and how he copes with the Anwar Sodomy 2 trial which commences on January 25, 2010 for a month and how he deals with its aftermath. But the Prime Minister should not be under-estimated because of his power of incumbency and political savvy. I expect Najib to further consolidate his position in his own party and as the 6th Prime Minister of Malaysia. Right now, I cannot see that he will be able to rein into money politics and infighting for power and influence in UMNO. So there is a leadership crisis of sorts in UMNO.

My comments on Pakatan Rakyat may be a little coloured, but I think I can be candid enough to say with some degree of confidence that leaders and coalition officials are working hard at building a solid coalition as the alternative to UMNO-led Barisan Nasional. I expect to see the establishment of a formal coalition under one banner for the next elections, if the Registrar of Society can give its approval in 2010.
.
The overwhelming approval of the Common Policy Framework at the First Pakatan Rakyat Convention last December is a clear sign that this Anwar Ibrahim-led coalition will consolidate its position in 2010. Any prediction of its early demise is, therefore, grossly exaggerated. There may be differences among them ,but mechanisms are in place to deal with disagreements and conflicts. On discipline, errant members will be dealt with by the respective coalition partners.

Overall, I think 2010 will be a year of hope and progress amid tensions. Malaysia will be able to ride the oncoming economic tempest, despite our politics.

Thank you.

* Din  Merican is a political and economic analyst and blogger. The views expressed here are strictly personal and do not represent those of Parti KeADILan Rakyat and persons associated with it. The speech (edited for flow and style) was delivered at the ISEAS Regional Outlook Forum, 2010 at Shangri-La Hotel, Singapore on January 7, 2010.

Human Rights Watch: Politics Drive Upcoming Anwar Trial (July 15, 2009)

From Human Rights Watch(July 13, 2009)

Government Pre-Trial Maneuvers Show Political Motivations

This trial is a bald-faced attempt to permanently remove an opposition leader from Malaysian politics. The government is trying to manipulate the justice system for political purposes.

Elaine Pearson, deputy Asia director

The Malaysian government should immediately drop politically motivated criminal charges against opposition leader Anwar Ibrahim, Human Rights Watch said today.

On July 15, 2009, the Kuala Lumpur High Court will hear Anwar’s application to strike out a sodomy charge against him, and an ongoing defense request for evidence it says is crucial to properly prepare for trial.

This is the second time Anwar has been charged with sodomy. He spent six years in prison before his previous conviction for sodomy was overturned in 2004.

Human Rights Watch said the current charge appears politically motivated and lacks credibility.

The government has failed to disclose key evidence to the defense, hastily sought to pass a DNA statute that aids the prosecution, and put Anwar at a disadvantage by unnecessarily moving the trial to the high court. In addition, the government allowed the attorney general, who is under investigation for misconduct in Anwar’s previous trial, to be involved in the current case.

“This trial is a bald-faced attempt to permanently remove an opposition leader from Malaysian politics,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “The government is trying to manipulate the justice system for political purposes.”

The current charge against Anwar relates to allegations that on June 26, 2008, he had sexual relations with Mohd Saiful Bukhari bin Azlan, a 23-year-old male former volunteer aide to Anwar. Although initially filed as a non-consensual offense, prosecutors later changed the charge to consensual sodomy, though Saiful has never been charged. A conviction would force Anwar to vacate his seat in Parliament and effectively bar him from contesting in the next general election, expected before 2012.

Anwar’s July 15 court application to drop the sodomy charge rests on the basis of two medical reports. Three specialists from the public Kuala Lumpur Hospital endorsed a July 13, 2008 medical report regarding the complainant that found “no conclusive clinical findings suggestive of penetration to the anus and no significant defensive wound on the body of the patient.” A doctor at the private Pusrawi Hospital who examined Saiful on June 28, 2008, two days after the alleged incident, reported the anus as “normal.” The doctor later left Malaysia to escape what he said was persistent pressure to alter his report.

In addition, the defense will reiterate its January 2009 request for at least 10 documents it asserts are necessary for it to properly prepare Anwar’s defense at trial. They include the original closed-circuit television recordings from the alleged crime scene, original specimens from which DNA samples were allegedly obtained, chemist’s notes, witness statements including the complainant’s, and medical reports. To date, the Public Prosecutor’s office has denied it is withholding any documents it is mandated to share under the Malaysian Criminal Procedure Code.

“Providing the defendant with evidence crucial for preparing his defense is a basic requirement of a fair trial,” said Pearson. “The prosecution’s withholding of key evidence is a red flag of political shenanigans.”

Concerns about a fair trial were heightened on July 1 after the court dismissed Anwar’s appeal challenging Attorney General Tan Sri Abdul Gani Patail’s decision to move the trial to the High Court from the Sessions Court where it originated. Transfer to a high court reduces opportunities for a defense appeal to higher courts should Anwar be found guilty. Prime Minister Abdullah Badawi then stated publicly in July 2008 that Abdul Gani, who is also public prosecutor, would have no part in Anwar’s trial as he is under investigation by the Anti-Corruption Commission for allegedly falsifying evidence to protect those involved in an assault on Anwar in 1998 while he was in police custody during the earlier sodomy trial.

Sessions Court Judge Komathy Suppiah ruled in March that, “it is evident that any involvement by the AG [Gani] in this case would seriously undermine public confidence in the administration of criminal justice.” The High Court overruled Judge Komathy’s decision, stating that Gani was only acting administratively in approving the transfer and thus was not involved in the new trial.

DNA issues are also contentious in the case. On June 23, 2009, the lower house of Parliament quickly passed the Deoxyribonucleic Acid (DNA) Identification Act, which will go into effect after Senate and Royal assent. It would allow police to take DNA samples from criminal suspects and to use those samples to build a DNA databank. Anwar has repeatedly refused to submit DNA samples in this case on the grounds that current law does not require it and because of his reasonable concern for evidence tampering as happened in his 1998 trial.

The proposed DNA law includes a provision stating that “any existing DNA profile and any information in relation thereto kept and maintained by the Chemistry Department of Malaysia or Royal Malaysia Police, immediately before coming into operation of this Act shall … form part of the DNA Databank established under this Act.” Circumventing Anwar’s refusal to provide a new DNA sample, this would permit the manipulated samples from his previous trial to be used as evidence and manipulated again during the upcoming trial.

Other language in the bill raises fair-trial concerns. Article 24 reads: “Any information from the DNA Database shall be admissible as a conclusive proof of the DNA identification in any proceedings in any court.” Such decisive stipulations ignore well-known information that DNA databanks are not foolproof, and are often prone to tampering and mistakes in evidence collection and handling. As a safeguard, many courts around the world have determined that information gleaned from DNA cannot be conclusive and must always be corroborated. Those responsible for the collection of evidence must be professional, competent, and beyond the reach of any improper interference.

Serious concerns about fairness and impartial administration of justice, combined with heavy-handed police tactics at the time of Anwar’s arrest and intimidation of witnesses, are reminiscent of Anwar’s earlier, deeply marred sodomy trial, Human Rights Watch said. Given these concerns, Human Rights Watch renewed its call for the charge against Anwar to be dropped immediately.

“The Malaysian government should stop using the courts to pursue political vendettas,” said Pearson. “Unless it drops these dubious charges against Anwar, it risks giving its reputation another black eye.”

Sodomy (“committing carnal intercourse against the order of nature”), even when consensual, is punishable in Malaysia under Section 377B of the Penal Code by up to 20 years in prison and whipping. Human Rights Watch urges the Malaysian authorities to uphold international human rights standards by decriminalizing consensual homosexual conduct and replacing Section 377A with a gender-neutral rape law.