Time for Malaysian Bar Council to act against Shafee Abdullah


September 11, 2018

Time for Malaysian Bar Council to act against Shafee Abdullah

by Malaysiakini

Arrogance is this outstanding lawyer’s Waterloo. I watched Tan Sri Shafee Abdullah in action during the Dato Ramli Corruption Trials. He was brilliant, earning the presiding judge’s respect and consideration.A man of his talent and legal reputation does not need the money. His gamble is likely to bring an end to his brilliant career as a prosecutor and defence attorney. –Din Merican

The Bar Council has been urged to take action against lawyer Muhammad Shafee Abdullah for allegedly receiving RM9.5 million from former Prime Minister Najib Abdul Razak.

“We urge the Bar Council to uphold the Rule of Law and to invoke the provisions stipulated in the Legal Profession Act 1976 and to take necessary action against Shafee inter alia, by lodging a complaint with the disciplinary board,” Perak DAP legal bureau chief Leong Cheok Keng said in a statement today.

Shafee purportedly received the payment for his services as special prosecutor in PKR President-elect Anwar Ibrahim’s appeals against his Sodomy II conviction in the Court of Appeal and Federal Court.

According to Leong, the Perak DAP legal bureau believes that Anwar may have been denied a fair trial as Shafee had not acted independently in the appeal, but for “financial or pecuniary interest.”

“An advocate and solicitor is duty bound, even when, or more so when, acting as a senior deputy public prosecutor to uphold the law, the dignity and the high standing of the profession at all times, and shall not practise any deception on the court and shall not accept a brief if his professional conduct is likely to be impugned,” he said. This is all laid out by the Legal Profession (Practice and Etiquette) Rules 1978, he added.

As such, he said he believes Shafee may have committed misconduct in his professional capacity, which amounts to grave impropriety and is subject to disciplinary actions by the Advocates & Solicitors Disciplinary Board.

 

On Sept 6, it was reported that the Attorney-General’s Chambers (AG-C) submitted “new information” to the Court of Appeal that showed Najib paid RM9.5 million to Shafee between 2013 and 2014.

The evidence was submitted by a special task officer to the attorney-general in an affidavit, which included transaction details of Najib’s and Shafee’s bank accounts. It also included a copy of two cheques from Najib dated September 11, 2013, and February 14, 2014, to Shafee for RM4.3 million and RM5.2 million respectively.

However, Shafee has since responded to this, admitting yesterday that he received the RM9.5 million from Najib, but that it was merely part of fees owed to him for legal services rendered to Umno and BN since the 1990s.

Shafee also alleged that it was Prime Minister Dr Mahathir Mohamad who had pushed for him to be appointed special prosecutor in Anwar’s trial.

In 2010, Anwar was charged and tried with sodomy for the second time, this time involving his former aide Mohd Saiful Bukhari Azlan.

The High Court in Kuala Lumpur cleared Anwar of the charge, but the prosecution appealed, this time with Shafee being put in charge as special prosecutor.

The Court of Appeal then overturned Anwar’s acquittal in 2014, which was reaffirmed by the Federal Court in February 2015.

Anwar received a royal pardon for the conviction in May. He had argued at the Kuala Lumpur High Court that he was denied a fair trial because his prosecutor had received payment from Najib. The appellate court is set to hear his appeal on September 14.

Dr. Bakri Musa’s Plea to Dr. Mahathir Mohammad: Don’t Create Another Najib Razak


September 4, 2018

Dr. Bakri Musa’s Plea to Dr. Mahathir Mohammad: Don’t Create Another Najib Razak

by Dr. M Bakri Musa. Morgan-Hill, California, USA

“I pray and hope that Mahathir focuses on not bequeathing unto Malaysia another Abdullah Badawi or Najib Razak. That would be an awesome responsibility and a monumental task in itself. The next Najib Razak might be slightly smarter and could prove even more difficult to dislodge. That would doom Malaysia forever.”–Dr. M. Bakri Musa

Image result for Kongress Masa Depan Bumiputra Dan Negara(

The First Bumiputra Congress was held in 1965. MARA is still standing, but Bank Bumiputra is absorbed into CIMB Bank Group after a few failed bailouts. What’s next after KBN 2018.

Prime Minister Mahathir’s grand opening speech at the Kongress Masa Depan Bumiputra Dan Negara (Congress on the Future of Bumiputra and the Nation) on September 1, 2018, was a severe disappointment. It was as if he was in a time warp. There he was, hectoring his admirers and others who would listen to him with the same old refrain, if not the same old tired phrases. It was as if he had been awakened after 15 years of siesta and he was back to where he was when he left office in 2013.

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He resurrected the old, ugly hackneyed stereotypes about Malays. Listening to him it felt as if he was reading excerpts from his old The Malay Dilemma, first published in 1970. He forgot that he had been given the rare responsibility and manifest privilege to lead the nation for well over two decades. That ought to have been enough time to remedy whatever it is that ails the Malays. Now that he is given a unique second chance, he sticks to the same old prescription that has now been proven to be not only ineffective but has made the problem even worse.

The man lacks the humility and sense of introspection to even consider that just maybe the fault may rest with his policies or if not that, their implementation. It matters not, a brilliant policy badly executed would fail just as a bad policy carried out faithfully.

It would not occur to Mahathir to even ponder the possibility that the assumptions of his policies could be erroneous, or if correct, his remedies were inappropriate if not wrong. After all, he is brilliant. As one of his early admirers noted, he was the first Malay to qualify as a doctor without having to sit for any supplemental examinations. That ought to count for something! Beyond that, he succeeded in dethroning the hitherto thought formidable Najib Razak to become the world’ oldest chief executive of a nation. Even Mahathir admitted that he doubted whether he would succeed in doing that.

Make no mistake. Malaysians ought to be grateful to Mahathir for getting rid of that crude, corrupt, and incompetent Najib.

If not for Mahathir, that rogue would still be plundering Malaysia and the millions in cash hoarded in Najib’s personal residence would not have been uncovered.

Before that gratitude gets too deep into Mahathir’s head, he should be reminded–and often–that he, Mahathir, more than anyone else was responsible for Najib’s rise to the highest office in the land. And before Najib, that equally inept Abdullah Badawi. As such, Mahathir is directly responsible for Malaysia’s wasted precious decade and a half.Image result for The Malay Dilemma Revisited by Bakri Musa

Again, let it be stated lest Mahathir might forget (after all he is a Malay and forgets easily, quite apart from his advanced age), the rot and corruption of Malaysia began long before Najib. He merely brought both to a whole new, low obscene level.

My plea to Mahathir is please, don’t bother trying to save the Malays. You have given that noble mission your best shot and for over two decades. Just move on. Time to give others the chance for that difficult mission.

Meanwhile I pray and hope that Mahathir focuses on not bequeathing unto Malaysia another Abdullah Badawi or Najib Razak. That would be an awesome responsibility and a monumental task in itself. The next Najib Razak might be slightly smarter and could prove even more difficult to dislodge. That would doom Malaysia forever.

Sad to note that thus far I have not seen any evidence that Mahathir had learned the painful lesson with Abdullah and Najib. That should worry all Malaysians.

When we will ever learn to do things on our own,nothing is gained from giveaways


August 23, 2018

When we will ever learn to do things on our own, not depend on others for help. Face it, nothing is gained from giveaways

By T K Chua

http://www.freemalaysiatoday.com.my

Image result for Self Reliance builds Resilience

“If the new government is to be any better than the old, we must find reasons and justifications before making decisions, not make decisions first and then find reasons and justifications to support them.”–T K Chua

As a nation, why do we always expect that others will help us?

We want others to give us technology without quid pro quo. We want others to give us favourable terms in trade and investment. We want others to concede and suffer with us because of our follies. We want others to teach us how to govern and manage our country.

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This man is the very antithesis of the rugged individual. He ended up selling Malaysia on the cheap.

Unless we are a war-torn nation in utter poverty and destitution, I don’t think we’re going to get any meaningful help from others. Let’s ditch the idea that a foreign nation would help another be strong and competitive. To compete and prosper, each nation must do it on its own.

We can see the success and failures of many nations around us. We can’t complain that others are not teaching us. They can’t and won’t. We have to learn from them on our own.

Learning from other countries means doing what they do, not just talking. We can’t keep condemning the subsidy mentality and “free lunches” but keep doing the same as we have for the last half a century.

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A Miracle is Discipline, Innovation, Entrepreneurship

We can’t keep saying meritocracy is good but keep doing the opposite.We can’t keep saying it’s good to be hardworking, conscientious and thrifty but reward incompetency and irresponsibility with easy money.

We can’t keep saying corruption and cronyism is bad if our fight against these comes only in dribs and drabs depending on the “convenience” of the day.

Malaysia has always had great ambitions – the “Malaysia Boleh” attitude, so to speak. We started Proton around the same time that Korea embarked on its auto industry. We started the multimedia super corridor much earlier than many others. We have InventQjaya, Biovalley and numerous other development corridors littering the whole country.

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Proton Saga–Malaysia’s Success Story. And so another of the same in Pro-3

But what did we get in the end? Sadly, we are now talking about starting another national car project. We are talking about learning basic things like online marketing from Alibaba. We are talking about revolutionising agriculture when at one time we were the world champion in rubber and palm oil research.

We should not carry our “handicapped” mentality to the international level. When we trade, invest and conduct business dealings with others, we mustn’t expect favours or help from others. We should extract what we can from others and defend and protect our interests based on our faculties and abilities.

At the international level, no one is going to feel sorry for us and our follies. We must have people with faculties holding strategic and important positions in the country.

If the new government is to be any better than the old, we must find reasons and justifications before making decisions, not make decisions first and then find reasons and justifications to support them.

TK Chua is an FMT reader.

The views expressed are those of the author and do not necessarily reflect those of FMT.

 

A Message from John Malott


May 8, 2018

GE-14- Polling Day May 9, 2018 is 24hrs away. Fellow Malaysians do your duty. Go out in large numbers to vote Pakatan Harapan under the leadership of Dr. Mahathir Mohamad. We must remove UMNO President Najib Razak regime. It is now or never. All the best from Phnom Penh.–Din Merican

A Message from John R. Malott*

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On Wednesday, the Malaysian people go to the polls. You’ve all seen my posts for years about the kleptocracy and corruption under Prime Minister Najib — we are talking billions, according to the US Justice Department — and it will only get worse if Najib is re-elected.

Things got so bad that Mahathir Mohamed, Malaysia’s Prime Minister for 22 years and the man who jailed Anwar, joined hands with Anwar and the opposition. Mahathir now leads the opposition coalition (because Anwar is still in jail). Mahathir is 92+ years old, but still completely vigorous, and so loved and respected in the Malay heartland that he could pull their votes to the opposition. That has scared the government, which rigs the elections in very subtle and not so subtle ways, like crazy.

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Malaysia’s Man of the Moment

The latest poll, although it is a new “art” in Malaysia, shows a total wipeout for Najib and his party among the Malay voters. Mahathir, Anwar and his wife Wan Azizah, and so many others are changing the tide, so maybe Malaysian democracy is not totally lost.

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The Face of a Loser. To turn the tide he is expected to commit massive voter fraud

This will create a last minute panic by Najib to commit voter fraud. The lights will go out in polling stations, and when they come back on, new ballot boxes suddenly will have appeared. Sacks of absentee votes will be turned in, showing that 94% of all military and civil servants voted for the government. And so on.

Anyhow, stay tuned. The elections are on Wednesday.

 

*John R. Malott was US Ambassador to Malaysia during the premiership of Dr. Mahathir Mohamad

‘Malaysia’ dreams the impossible dream


March 17, 2018

‘Malaysia’ dreams the impossible dream

by Manjit Bahtia
Published on
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    Prime Minister Najib Razak met Mel at Taxpayers’  Expense

COMMENT | “When you know someone is a thief, you stay away from him,” Dr Mahathir Mohamad told Beverley O’Connor, host of “The World” programme by the Australian Broadcasting Corporation (ABC) on Thursday.

Mahathir, of course, was referring to Prime Minister Najib Abdul Razak, who is spending a long-weekend junket in Sydney at the ASEAN Heads of Government hot-air talk-shop – again at the expense of Malaysian taxpayers.

Thief isn’t the only label Mahathir used to describe Najib. He also called him a “monster”. There are far better labels for Najib and for UMNO-BN members. “Monster” is an appropriate enough metaphor. But beyond labels, Malaysia has a serious international image problem.

There was a time when Malaysia was known to the world for Mahathir’s neo-nationalist Malay brand of loud-mouthness. That’s whenever he railed against, say, Singapore, his racist rants against Jews and Malaysia’s British colonial masters – the very lot who taught him how to “divide-and-rule” his own multiracial citizens. Mahathir single-handedly made the term ‘citizen’ a profoundly dirty word.

Malaysia became even more famous after Mahathir cooked up “facts” to jail his then protégé Anwar Ibrahim and chucked him in prison. When top cop Abdul Rahim Noor black-eyed Anwar in jail, Mahathir merely shrugged in the “saya tidak peduli” manner.

Now Anwar and Mahathir have become bosom buddies in a double-act to exorcise from Malaysia’s ripped-asunder soul Najib.

 

The Mahathir hypocrisy hasn’t gone unnoticed, as O’Connor reminded Mahathir.  Mahathir responded sheepishly, with the tiniest regret. He said it is more important to look forward to the future to overthrow the great big thief in their midst and an Umno that has moved so far to the right of its 1946 “objectives” that both the party and its president are rotten to its core.

Mahathir said UMNO has been destroying itself from within, that Najib “has destroyed” the original UMNO and that the party exists solely to support its President and an authoritarian regime.

Note that Mahathir never mentioned any of UMNO’s coalition partners-in-crime. Nonetheless, the mission now, as everybody knows, is for the Mahathir-led Pakatan Harapan cavalry to lead the charge and rout UMNO before Najib and his band of crooks rob the country blind.

Nothing new in all this. The lineage and the so-called discourse (whatever discourse means) and the battle-cries go right back to 1969 – the year democracy in Malaysia died after a long-simmering brain snap.

My friend S Thayaparan, a Malaysiakini columnist – whom I’ve never met – has been at great pains recently to make the case that “Malaysian voters” must stand up and save the country. If there’s a certain urgency in Mahathir’s determination, there’s equal stridency in Thayaparan.

But there’s also a problem. In fact more than one problem. First, the electoral system, run by the Election Commission, is not chartered to ensure full and fair elections; it remains chartered to ensure fully foul elections.

 

It’s also chartered not to uphold democracy, even democracy with Malaysian characteristics, but to maintain a Malay-led kleptocratic authoritarian regime that thinks it is above the constitution, therefore above the law. The regime is the law since rule of law has ceased to exist for nearly half a century.

Second, Mahathir had for 22+ years presided over just such a regime when he led it. He – more than Abdul Razak, Hussein Onn and Mahathir’s successor Abdullah Ahmad Badawi – had every time turned a blind eye to every skin-flake of known or rumoured corruption within his UMNO, his regime, his Malay-dominated bureaucracy and Police, and among the coterie of Malay, Chinese and Indian cronies or oligarchs he’d nurtured.

Those accused or nabbed, like Perwaja Steel’s Eric Chia, “somehow” managed to get off scot-free. It doesn’t take a genius to work out how.

Not when the separation of powers between the legislature, executive and judiciary, as a democracy would like to have it, disappeared virtually overnight under Mahathir. Yet here he is crying that Najib has violated everything decent and, worse, he’s getting away with it.

‘Muhibbah’ only in name 

Something else is worth remembering. What Najib is doing – centralising structural and institutional power in his hands through what I’ve called the UMNO-Leninist state – is very much the same thing Mahathir was doing when he ran the place like a dictator. Or close enough to one. The hypocrisy is stunning.

Third, the desperation among “Malaysians” opposed to the regime is perfectly understandable. The desperation for the coalition of opposition parties, Pakatan Harapan, is also perfectly understandable.

To go as far as enlisting Mahathir is one thing; to make him the leader of the pack and, more, Prime Minister if Harapan should win, is unthinkable.

 

The man who created the 21st century monster of Malaysia, among the many other monsters who clutter the regime from across the ruling coalition, was Mahathir. He gave each one of them long enough rope to enrich themselves, heeding Deng Xiaoping’s dictum. Najib too embraced the licence. Najib’s “living the good life,” Mahathir put it on television. So are Mahathir’s cronies and nepotists.

Mahathir can’t have it both ways. He needs to own up to the past wrongs when the rot started to really set in. Mahathir now says Malaysia needs to reset good governance by ridding the country of Najib et al. Fine.

But (a) what good governance did Mahathir bring to Malaysia when he was Prime Minister? And (b) he must not become Prime Minister a second time, not even as a seat-warmer for Anwar.

The King of Malaysia has a duty to the country. All the Sultans do. The King knows Najib has been ripping off Malaysia; he cannot continue to sit on his hands and wait for ridiculously pointless protocols before pardoning Anwar – if he dares to pardon Anwar at all. But he must if he does not want his country monster-ised further.

Anwar at the helm gives Harapan the legitimacy it needs to fight the elections. This is not to suggest Anwar (photo) is unproblematic. Even with Anwar at the tiller isn’t a sufficient condition to rule.

Thayaparan says “all Malaysians” must vote, that they must do their bit. I would agree if I knew just who “all Malaysians” were – another point Thayaparan missed in my letter. Show me one “all Malaysian”.

Here’s what I see. Here’s what I’ve always seen. And on my last visit to Malaysia very recently I saw this much more clearly.

There’s no “all Malaysian”. There are no “all Malaysians”. There are Malays, Chinese, Indians and so on – discrete ethno-tribal, sociological, economic and political units separated by competition between race, religion and ideology.

The old story. I don’t need to tell you this. The ruling coalition is also dominated by similar units separated by race and religion. So, too, Pakatan Harapan.As we do in primary math addition, this will be carried over into the future.

Therein lies Malaysia’s core problem. The country might be able to solve some of the economic divisions that rift the people, but it can’t and it won’t solve every one of them or every other accompanying problem until competition between race, religion and ideology is resolved.

“Muhibbah” exists but only in name. Always has since 1969. Najib, UMNO and their BN clan know this and they’ll play this up to the hilt, no matter what the fallout.

There are many other problems that will inevitably be brought into general election No 14 from GE13. Many are beholden to UMNO-BN. Some are also evident, again, in the opposition.

Like it or not, Harapan is divisive because it is itself divided. In fact – and I agree with Thayaparan – Harapan looks woefully inadequate. It hasn’t learnt from its mistakes from GE-13. Those mistakes were fundamental, starting with its rather lame manifesto.

Harapan may have done better than expected in that election but it can’t hope for the same lucky streak in GE-14 to break the proverbial UMNO-BN camel’s back once and for all.

It would be wonderful if it does but UMNO has some things on its side, and a certain important – no, critical – momentum that Harapan would wish it has too. It won’t if it keeps carrying on like it has. But Mahathir isn’t the answer.


MANJIT BHATIA, an Australian, is a US-based academic, researcher and analyst specialising in Asian and international economics, political economy and international relations. He lives in Hanover, New Hampshire.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

 

Who should Malaysians turn to next?


January  23, 2018

Who should Malaysians turn to next?

Opinion: Daughter of Former Prime Minster Mahathir Mohamad asks whether the big promises of Malaysia’s ruling party will be enough to gain back the public’s trust and win them power yet again.

by Marina Mahathir

This article was published in the January edition of Southeast Asia Globe magazine. For full access, subscribe here

 

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With Malaysia’s general election due to take place by August of this year, the ruling party has already begun making big promises and dragging the opposition through the mud. But at a time of unparalleled distrust of those in charge of the country, it might not be enough to win them power yet again.

Malaysians are caught between a perpetual rock and a hard place when it comes to the politics of their country.

On the one hand, they are saddled with a government led by a man who has been accused by the US Department of Justice of running the “biggest kleptocracy in history”. On the other, they are sceptical about the alternative, the coalition known as Pakatan Harapan – the Hope Coalition – which until recently seemed unable to pull together a coherent and cohesive platform.

They have, however, now named my father, former Prime Minister Mahathir Mohamad, as their candidate for Prime Minister and Wan Azizah Wan Ismail, the wife of jailed opposition leader Anwar Ibrahim, as deputy prime minister – choices that make strategic sense but are likely a disappointment to young people who were hoping for fresh faces.

On the one hand, few can abide the most unpopular Prime Minister in Malaysian history and his wife. On the other, should the governing Barisan Nasional (BN) win again but then get rid of Prime Minister Najib Razak, his successor is most likely Ahmad Zahid Hamidi, the Deputy Prime Minister. Perhaps this is why Malaysians have taken an inordinate interest in the goings-on in Zimbabwe, where the long-time president, Robert Mugabe, resigned only to be replaced by his former vice-president, a man who goes by the nickname of ‘Crocodile’. Given Ahmad Zahid’s track record as Home Minister, we may well get our own predatory reptile.

Speculation is rife that these are the actions of a government that does not have the imagination to reverse its unpopularity

The 14th general election is to be held by August this year, but they may be called any time between now and then, leaving Malaysians in coffee shops, boardrooms and home kitchens speculating as to when it is more likely to be called. Some were certain that it would be after the budget in October and before the end of last year. Others predict it will be in the first quarter of 2018, around March or even April. Still others think that Najib will repeat what he did in 2013 when he waited almost until the last minute to dissolve parliament.

Not that this has stopped him from campaigning. While election campaigning officially starts on the day elections are called, and last for only two weeks, it is clear that the BN election machinery has already started to grind. This takes two forms.

The first is the doling out of goodies, or at least the promise of them. The recently announced budget promised, for instance, to build thousands of low-cost houses for the poorest sectors, including 600 units to be built in ‘indigenous areas’ and unashamedly named ‘My Beautiful New Home’ or ‘MyBNHome’. A reduction in individual income tax rates by 2% has also been promised, although this has not been accompanied by a reduction in the very unpopular 6% Goods and Services Tax.

The second approach is by denigrating the opposition through the mainstream and online media. Opposition leaders such as Mahathir Mohamad have been attacked. He was called “an Indian masquerading as a Malay”. Chief Minister Lim Guan Eng of Penang is being dragged through the courts for alleged corruption, and Shafie Apdal, who is leading the opposition charge in the Borneo state of Sabah, has been charged with misappropriation of state funds.

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Mainstream newspapers think nothing of putting photos of the children and grandchildren of opposition politicians on the front pages for supposedly leading a jet set life while ignoring the far more serious case of the PM’s stepson being named by the US Department of Justice in its kleptocracy case.

But speculation is also rife that these are the actions of a government that is feeling nervous and does not have the imagination to reverse its unpopularity by giving people what they really want, rather than what they imagine they should want. People want the sort of leadership that gives them a long-term and sustainable vision of their future, not short-term, stopgap, vote-buying measures. They would very likely still vote for the BN if they are presented with a vision they can believe in.

Unfortunately, unless the opposition coalition gets its act together soon, such hypocrisy is what we will be saddled with for a long while.

Also worrying is the rise of a strand of conservative Islam in Malaysia that increasingly mirrors the Saudi Wahhabi variety. Most recently the Deputy Minister for Religious Affairs declared that not believing in God is unconstitutional because while the federal constitution guarantees freedom of religion, it does not allow ‘freedom from religion’. It is this type of twisted interpretation of the constitution that has led to increasing divisiveness in Malaysian society, leading some to believe that Islamic law supersedes the guarantees inherent in the constitution. It hasn’t helped that Najib has played to this particular gallery wholeheartedly, refusing to criticise inflammatory comments by radical preachers until forced to do so.

Image result for najib razak i am not a crookNajib Razak and his UMNO kleptocrats

 

In this vacuum it has been left to an undemocratic institution, the hereditary rulers of nine of the 13 states, to take a firm stand against such conservatism. Stating that incidents such as the establishment of a Muslim-only launderette are abhorrent in multiracial Malaysia, the sultan of Johor ordered the launderette to open its business to all or close down. The Council of Rulers then issued a statement condemning such divisive actions and words, a move that was unusual but much welcomed by the public when there has only been silence from the political leadership.

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Najib Razak shaking hands with an Islamic extremist  Dr Zakir Naik from India

The failure of government leaders to condemn such extreme views while espousing ‘moderate Islam’ abroad only underscores the public perception of a hypocritical and corrupt administration. Unfortunately, unless the opposition coalition gets its act together soon, such hypocrisy is what we will be saddled with for a long while.

 

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Marina Mahathir is a socio-political activist and writer focusing on the intersection of gender, religion and politics. She has been a regular newspaper columnist for more than 20 years, led a HIV/Aids NGO for 12 years and is currently involved in advocacy for justice and equality for Muslim women.

This article was published in the January edition of Southeast Asia Globe magazine.