People of Malaysia Vs Mahathir Bin Mohamad


October 30, 2012

People of Malaysia Vs Mahathir Bin Mohamad

by Navin-Chandra Naidu @ www.malaysiakini.com

COMMENT :Suing Dr Mahathir Mohamad is impossible, unthinkable, undesirable, unwise, or difficult? I pose this riddle because I know I do not know the answer to it.

I have been advocating this for quite some time, but I don’t seem to get anywhere. Maybe our esteemed Malaysiakini subscribers will put on their usual thinking caps and help me understand this “problem” so that, maybe, we can get to get this man sued in a court of justice (not a court of law).

There is a great difference between a court of law and a court of justice. Justice is a blind bat. Justice OW Holmes of the US Supreme Court once chastised a lawyer, and told him sternly that he, the lawyer, was in a court of law, and not a court of justice.

You see, Justice Holmes was not given to philosophy of the law although he wallowed in it. He was a practical man who knew that the law is “how one could predict how a court would decide.” Lofty legal principles in many courts in many countries have been abandoned in the rash search for a political solution. The litigant does not count.

In the Malaysian context, when you walk into a court of law, it is a throw of the dice, especially after August 1988. If the judge is learned in the law, and not given to apple-polishing his or her political masters, the litigant has a shot at real justice. There will be equal justice under the law.

The litigant is no better off when he gets a judge concerned about his or her pension. This is not peculiar in Malaysia only. We have a bunch of loonies assigned to the Bench here in the United States, too. One judge was so obsessed he used a penis pump under his robes when a physically attractive female prosecutor showed up in his court.

Will judges rise to the occasion?

Suing Mahathir will require several thousand Malaysians gathering together a team of pro bono publicus lawyers – lawyers willing to work for free, yours truly included, of course – to unleash a shattering legal tsunami against the former prime minister for corrupt practices, wasting public funds with his warped sense of largesse and bigness, and perversion of justice through his unique cabalistic methods that resulted in the ruination of the country’s prospects for equal opportunities for all Malaysians which is still reverberating as a persistent and nagging reminder in the federal constitution (FC) as Article 8. The man has done more damage than anyone else in Malaysia.

The first and foremost criterion to take into account is whether our Malaysian judges, using Article 162(6) of FC, would care to dare to bare the truth of the citizens’ allegations against a former prime minister, and serve as judicial referees and umpires to a genuine trial that would make truth take centre stage instead of just proof and evidence that our police and the Attorney-General’s Chambers are so proud and adept at manufacturing, fabricating, altering, covering up, and delivering as factual reality.

Malaysian judges must take up the slack and deliver judgments that can withstand the after effects of an appeal. After all, the dreadful and dreaded Adorna Properties ruling and decision got overruled by Tan Ying Hong v Tan Sian San, which restored deferred indefeasibility of title and offered Section 340 of the National Land Code 1965 a new shine and polish.

Our appellate judges ought to hold up the scales of justice and not be caught cheating with misapplied thumb pressure upon these scales without checking, rechecking and cross-checking all the facts that were submitted by the lawyers. I wonder if our Malaysian judges conduct any independent investigations like our European counterparts on the Bench.

After all, one cannot simply take any lawyer’s submissions for the truth, because lawyers are not the only ones entitled to lie in court.

A-G the stumbling block

Such a case involving a Muslim Prime Minister could be initiated in a Syariah Court that would leave the Attorney-General (A-G) powerless under Article 145(3) FC. But that is exactly what is sorely desired. Malaysians do not relish the idea of the A-G agonising on whether or not to proffer charges against his boss.

The A-G is a stumbling block. Someday, he ought to be impeached being a federal judge and all. But that may already be happening. The burning question is whether the Syariah Court will be willing to adjudicate The People of Malaysia v Dr Mahathir Mohamad bin Iskandar. It ought to, especially if the defendant is a Muslim, as is the case.

At the same time, the native courts ought to file another motion against Mahathir for grabbing their lands during his 22-year watch. The Orang Asli’s motion would be rock solid given the fact that the United Nations Indigenous Peoples Forum’s representatives will have to attend these lawsuits as umpires and referees to make sure no plaintiff is forced to flee the lawsuit by the local thuggery enclaves admirably and efficiently run by the Royal Malaysian Police (PDRM).

The Aboriginal Peoples Act of 1954 together with Article 8(5)(c) of the federal constitution would be a powerful combination against Mahathir in all 18 Orang Asli Native Courts as all 18 Orang Asli tribes will be suing the same man in 18 different Native Courts.

While the syariah and native courts effort is under way, lawsuits ought to be filed in the High Court in Kuala Lumpur, Kota Kinabalu and Kuching, at the same time by the natives of Sabah and Sarawak. An all-out concerted effort to bring this man down ought to be the most pleasurable thing any Malaysian can think or dream about.

NONEI wallow in the fun I may have as a lawyer see true blue justice done to an arrogant man who thinks he is beyond and above the law. Mahathir probably thinks he still wields untold power and pleasure in Malaysia. He may still enjoy a lot of power given the fact that the Ling Liong Sik-Port Klang Free Zone (PKFZ) case fizzled away like a flash in a pan without much fanfare.

Curtain time for Dr M

The task at hand is formidable amassing all the facts, details, data, particulars, proof and evidence to succeed in bringing this puppeteer down.

Subpoena everyone that was associated or affiliated with the man. You can forget about a criminal case being mounted. I am talking about a civil suit for unjust enrichment, violating the public trust, defaming the public thinking we are a bunch of fools, and a host of suitable causes of action, which I am sure we Malaysians will have absolutely no difficulty in marshalling together as a must-do and can-do fun exercise.

Royal commission of inquiries (RCIs) are a waste of time. Waiting for election results is another doleful exercise in patience with a crooked Election Commission to contend with. Writing books, articles, essays, ceramahs, and public debates aside, suing Mahathir is where the rubber meets the road. It’s time for action.

Talking about making Mahathir liable is what it will take, and I hope and pray we Malaysians can rally together and bring this suit against Mahathir to fruition. Powerful people in historical annals could not just get away with it. They had to pay. Some with their lives, some with long prison terms.

I believe a well-informed citizenry, like Malaysians today, can make the difference. The leaders of any country cannot get zilch done without the workers putting their effort together. Mahatma Gandhi shut out and shut down the British Empire with the simple “bandh” effort. “Shut it down,” he instructed, and every worker, soldier, cook, errand boy, gardener, cleaner, polisher, driver, dhobi, every other menial worker simply shut it down.

So, my fellow Malaysians, expose the man. Let’s shut down Mahathir. Let’s shut him up in prison. Let’s shut down his last show. It’s curtain time.

27 thoughts on “People of Malaysia Vs Mahathir Bin Mohamad

  1. wonderful article….its sounds like a dream!

    just reading the article makes me feel like being in the seventh heaven. is it possible? I’m awaiting with suspense the comments of our legal eagle commentators.

  2. Yes, Naidu yours is an interesting proposition. As you said you need quite a group of good & capable lawyers willing to serve pro bono for this proposed effort. Will there be sufficient number of lawyers of that category to start with as this will require a sustained effort for quite a time? The man you propose to take action against is old and may not last to see your effort even to begin, not to mention its fruition. OK, justice must be done and so please carry on with your endeavour – best of luck.

  3. Din ,you check the shareholder list on Ananda companies.You will find Yayasan Harapan Nusantara is one of the main shareholder.Tun Haniff and Raja Arshad are the two trustees.Accoding to my friend this Yayasan s link to Tun Mahathir.

    When Ananda sold his power plant to 1MDB for 8.5 billion,Ananda need to pay first lady 650m.Tun Haniff and Raja Arshad consult Tun, and Tun give the green light.

    I dont know how much Genting had to pay first lady when 1MDB bought old power plant from Genting for 2.3 billions.

    May Alh save our children and grand children

  4. Din – do you think anthing will come out of this or will it be added to the many good suggestions posted on this blog but which have remained just that – good ideas?

  5. Yeah, I agree with Naidu. Let’s sue this Kerala cloth merchant till his last sen. But like the proverbial mouse and cat story, who gonna bell the cat first? But fear not, once Umno loses it’s bite it’s fair game for everyone. I wait for that day to come.

  6. “If you control the present you control the past and if you control the past you control the future.” I do not know who said this but that is the reality.

  7. “Those who control the present control the future. Those who control the future control the past. (1984)” – George Orwell

  8. Its not impossible. But it can only happen when there’s a change in government and the judicial is being freed from the influence of the executive. History has shown that many dictators were brought to justice after their fall from power. I too am looking forward to the day Mahathir is brought to face justice hopefully soon after GE13.

  9. It doesn’t matter if the case, expected to be a long-drawn affair, will see the end when the old man finally kicked the bucket… but what is important is to file the charges and set the record straight for the future generation of Malaysians to know where their money went and why they are not as well-off or their standard of living and quality of life is not at par with their neighbors in other ASEAN countries…

    The charge list will also serve as a reminder to the future set of politicians and occupiers of Putarjaya not to ever repeat the crooked ways for Malaysians have all awaken and will not tolerate to throw these robbers, thieves, marauders and cheats into the slammer.

    As for working pro bono, the lawyers can be easily supported by a small grant from BAJET2014 by the new governnment plus donations from Malaysians to a Maybank account, I am sure, there will be 3 million donors putting RM10-RM20 each which will result in RM45 million rolling fund… managed by a special committee supervised by the nominated leaders from Suhakam, Bar Council, Jakim, the Council of Churches, the Hindu Religious Endowment and the TI and Suaram.

    We need closure. Our children is owed an explanation. Lets all agree… put the Kerala man on the dock!

  10. I dont think we need to do this large sueing thing. Pass a specific legislation give special powers of investigation to investigate all those in public service between certain years, get a team of police together ( whom can be trusted and are straight or past police officers), and start the long haul of collating evidence against all overseas and back home. Then freeze all asessts and i mean all, return it to the public and they can be charged, one by one. The expenditure of funds to do thsi will be worth the while as the billions can be recovered for the people of the nation. Why tie yourself to years of legal wrangle and give them time to transfer all monies elsewhere in the mean time. What it needs a special elgslation passed in quick time and freeze all assests suspected. Yes suspected between certain epriods of time. Obtain the help of Italian police who know how to handle corruption of the biggest kind..

  11. Those like Aatif (@ 8.19pm) are the ones who are in the know and many more I suspect around. Allah will only help if we FIRST help and do something ourselves.

  12. It was the Mahathir regime that created the Ten Billionaires of Malaysia, not to mention the top civil servants from PDRM, to MACC, to AG or even the choiced Judicial officials – he is not bothered at all…layers upon layers of safety-nets shielding him ?
    Some huge trawlers needed to haul up all the nets one by one…before Malaysians can reach this Giant of a fisherman ?

  13. It would be many a victim’s faith in prayer that Mahathir shall suffer the ignominy from justice by man and that he shall yet to suffer the infinity of the Almighty’s justice

  14. Dream on!

    Malaysians will be too busy watching American Idol. You are talking about a country where the population’s favourite pastime is to stick their heads in the sand and butts held high. Throw them a few coins and they will fight each other for them. Cast a glance at some people as you walk past and they will declare the holy war against you. Say some wrong words and you will be accused of insulting them or their ethnic group or their religion.

    Sue Mahathir! That will just be in a comic book … and it will be banned anyway.

  15. this should be not revenge but correcting the mistakes done. those higher-up civil servants should be brought before a court of law and prosecuted. such that the next government will think twice before swindling us.
    yes, we are dreaming. don’t forget that the PM can’t bring it upon himself to say that if he loses the election there will be a peacefull transistion of power to the opposition. it simply means that there is going to be no change of government anytime soon?
    Mr. Bean will agree with me on this. by the way, Hope everything is okay with him. he is probably unable to go online due to power disruption. take care

    BBC described the Ukraine election as one step backward for democracy; where abuse of power and massive amount of money helped the ruling party to retain power.
    thats what will happen in the GE13

  16. Only hope is: change the 1govt and then bring all those politicians & so called 1leaders (past & present) with excessive show of wealth to justice. Put the guilty ones & their families too, to jail and do remember to throw away the keys…Oops! I am again dreamin’!

  17. Well,Dr Mahathir himself has promoted the trial of international war criminal Ex-President George Bush in an international court of justice which I counted as one of his greatest achievements,I do not see why he should object to the trial of an ex-PM of Malaysian (22 year) in a Malaysian court of justice. FAIR.

  18. Its not about revenge. Wake up. its about managing corruption. We cant have zero corruption but we can ( if thats what we want) have zero tolerance to it. tis about Justice. Not revenge. Bringing to account those who say they represent our interest and the countries interest . Wake up.

    Once you do this, M’sia can start laying foundations seriously plan for a 1st world economy. Understand.

  19. No harm in dreaming to stop and take revenge on Mahathir & his cronies. He is still proceeding on his “My Way” journey unaffected by the hate campaign of his opponents but not for long.

  20. Forget about Law or Justice. That dirty old man got them all in his pocket. From Bank Negara, Petronas, all govt agencies etc… What Malayia need is some sort of Arab Spring protest. The Bersih and Lynas we had are like sunday picnics, no punch. The minute riot police fired their teargas the crowd just ran straight home.

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