The Public Prosecutor, Politics and the Rule of Law


September 30, 2017

The Public Prosecutor, Politics and the Rule of Law

by Walter Woon For The Straits Times

http://www.straitstimes.com/opinion/the-public-prosecutor-politics-and-the-rule-of-law

Image result for Walter Woon For The Straits Times

Former Attorney-General of Singapore Walter Woon and the brilliant Ambassador at Large Tommy Koh

The Attorney-General occupies the hottest legal seat in Singapore. This is because the Attorney-General is the public prosecutor. Under Article 35(8) of the Constitution, the Attorney-General “shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence”.

In recent times, we have seen the President of a country, which is not shy about wagging its finger at others while lecturing about the rule of law, threatening to remove prosecutors and special counsel when investigations cut too close to the bone for comfort.

Closer to home, there has also been loose chatter online and off that question the Attorney-General’s decisions to prosecute. This is based on a misunderstanding of the Attorney-General’s function as public prosecutor. Ignorant criticism is unfair to the Attorney-General and his officers. Misinformation, deliberate or otherwise, erodes confidence in the system of justice.

It is necessary first to understand the nature of prosecutorial discretion. As a preliminary matter, a distinction must be made between a prosecution and a civil suit. When a person defames someone else, for instance, the “injured” party (the plaintiff) may seek compensation by means of a civil suit.

The public prosecutor is not involved in this. The commencement of civil litigation is a matter solely for the plaintiff. No one can stop him from suing. If he wins, he gets compensation (which does not have to be a substantial sum). If he loses, he pays the defendant’s costs.

Criminal defamation is an offence under the Penal Code. It is up to the Attorney-General to decide whether or not to lay charges. This is termed a prosecution, in contrast to civil proceedings. The object is not to obtain compensation for an injured party but rather to protect society’s interests by imposing some sort of punishment, often as a deterrent to others.

As provided in the Constitution, the Attorney-General has discretion over this. The accused person (defendant) and the injured party (complainant) are not involved in the decision. The defendant might tender an apology and offer to pay damages to the complainant, but the public prosecutor may decide to press on regardless if he thinks that there is a public-interest issue involved. The complainant cannot “drop the charges”, contrary to popular misconception.

Not every offence is prosecuted in court. If it were mandatory to prosecute every time an offence is committed, the courts would be jam-packed with jaywalkers and litterbugs. This is where prosecutorial discretion comes in. The public prosecutor can decide whether or not to prosecute. The question is, on what grounds?

It is obviously not possible for the Attorney-General to look at every individual file to decide whether to prosecute.

In practice, that is left to deputy public prosecutors (DPPs). There are currently two prosecution divisions in the Attorney-General’s Chambers: the Criminal Justice Division, and the Financial and Technology Crime Division. The legal officers posted to these two divisions are designated DPPs.

Generally, investigatory agencies (for example, the Central Narcotics Bureau, the Corrupt Practices Investigation Bureau, the police, to name a few) send investigation papers to one of the prosecution divisions. A junior DPP will then make recommendations as to whether charges should be laid, and, if so, what charges. The recommendations are considered by more senior DPPs -the heads of the various directorates, the chief prosecutor of the division, the Solicitor-General, the Deputy Attorney-General. The most serious cases end up on the desk of the Attorney-General, where the buck stops. In most cases, however, the buck stops far down the line from the Attorney-General.

Steps towards prosecution

In deciding whether or not to prosecute, there are, in general, four steps:

•Step 1: Find out what happened. This is the job of the investigatory agencies. It is the stuff of novels, TV and films. The DPP can ask for clarifications or further investigation.

•Step 2: Ascertain if an offence has been committed and, if so, what offence. This is a legal question – it is the reason DPPs have to go through four years or more of law school. Laypersons are seldom, if ever, qualified to appreciate the intricacies of Singapore criminal law.

•Step 3: Can the elements of the offence be proven in court? The prosecution must prove the case against the accused beyond reasonable doubt. It is not for the accused to prove his innocence.

At Step 3, the DPP has to decide whether there is enough evidence that will stand up in court. It is often possible to piece together what happened with a fair degree of certainty. However, there are cases where witnesses will refuse to testify in open court. In other cases, a witness may implicate others when questioned, but when it comes to actually testifying, he will have an attack of selective amnesia.

If the DPP thinks that the witnesses cannot be relied on, the prosecution will probably be dropped. If he decides to carry on, there is a chance that the judge may not be convinced beyond reasonable doubt. In that case, the defendant is acquitted.

Again, contrary to popular misconception, a verdict of “not guilty” is not synonymous with “innocent”. In some cases, it just means that there is a reasonable doubt. Thus, for instance, in a rape case the man may contend that the “victim” consented. The woman may be equally vehement in denying that she did consent. If the judge cannot be sure, then the accused is found “not guilty”, even though it may, in fact, have been rape.

Assuming that we have got past Steps 1, 2 and 3, the final step is: Should there be a prosecution at all?

Image result for Walter Woon For The Straits Times

The writer notes that the Attorney-General of Singapore has two roles: first, that of the Government’s legal adviser and, second, public prosecutor. ST FILE PHOTO

Prosecute or not prosecute

The public prosecutor must decide whether it is in the public interest that the matter should be laid before a judge in open court. He has discretion over this.

This is where the biggest problems arise. For good or ill, the public prosecutor must make a judgment call. There are many reasons why a decision may be taken not to prosecute.

The offence may be a trivial one, not worth tying up prosecutorial and judicial resources over. A person who drops torn-off tabs from parking coupons on the ground may be guilty beyond reasonable doubt of an offence but, in most cases, this will not end up in court. Composition fines may be imposed instead.

Sometimes, the prosecutor may decide that the accused should be given a second chance. For example, if two teenagers are caught having consensual sex, this is an offence if the girl is under 16 years of age. But would it be in the public interest to prosecute a 17-year-old boy for having sex with his 15-year-old girlfriend?

The prosecutor may (note, “may”, not “will”) decide that, under the circumstances, a conditional warning is better. If the boy does not heed the warning and repeats the offence, he will be prosecuted for the previous offence as well as the new one. But if he mends his ways, then there is no prosecution.

When Politics may cloud the picture

Politically charged cases are often a source of controversy.

Suppose that an opposition politician is charged with deliberate incitement of racial unrest. It is a given that his supporters will scream that the prosecution is politically motivated.

When one analyses the issue dispassionately, if the accused is indeed guilty of deliberately inflaming racial feelings, it does not matter whether the decision to prosecute is politically motivated. But the fact that it is perceived to be so undermines the credibility of the public prosecutor, especially if ruling party politicians are not similarly treated.

The public is not stupid. People have a sense of justice. That sense is outraged if double standards are practised – a lenient one for the rich and politically influential, a stricter one for ordinary persons and the strictest one for oppositionists. The public prosecutor has to maintain a scrupulous neutrality so as to avoid being accused of partiality.

Take a purely hypothetical example: Say that a powerful minister is accused of embezzling a substantial sum of money from a government-linked company. How does he avoid retribution? Bribing judges is risky – this can backfire spectacularly. Interfering with investigations is more promising, but in the age of social media, this may not stop the process. The best bet is to nobble the prosecutor.

There are many ways to pressure the public prosecutor. In some places, the threats are physical. I attended a conference of prosecutors in Canada some years ago. Several of my colleagues said that they carried guns for protection. One colleague from a Caribbean country did not even live there – his life would have been worth nothing in his home country.

But physical threats are crude. There are better ways.

The favoured way, as seen in some countries elsewhere, is to appoint as Attorney-General someone who can be counted on to bend when pressure is applied. If the Attorney-General decides that charges will not be laid, no one can challenge that decision. Not even the Chief Justice can compel him to prosecute, legally and practically.

So the question is: What can be done to strengthen the system? We accept it as a given that judges should be politically neutral and not take instructions from politicians.

I would argue that the same must hold true for the public prosecutor. Indeed, one should remember that if the public prosecutor declines to prosecute, the case will never reach a judge, even if there has been a blatant breach of the law.

Two Roles of the A-G

Many people mistakenly think that the Attorney-General is part of the political executive. This may have been so in colonial days, but under our present Constitution, it is not so.

Unlike in many other countries, the Attorney-General of Singapore is not a party politician or a member of the Cabinet. This mistake arises because the Attorney-General has two roles: first, that of the Government’s legal adviser and, second, public prosecutor.

When giving advice on civil cases by or against the Government, on legislation, on matters of international law, the Attorney-General is the Government’s Attorney-General. He is obliged to defer to the Cabinet when it comes to issues pertaining to civil litigation, international law and the drafting of legislation. If he is instructed to fight a case, he must follow his client’s instructions just like any other lawyer, even if he thinks the case cannot be won or that it is ill-advised.

But when it comes to his role as public prosecutor, the Attorney-General is not the Government’s Attorney-General. He is given discretion over prosecutions by the Constitution. It cannot be the case that he should just prosecute if a senior minister wants that to be done.

The rule of law is not the natural state of human society. For most of history, in most societies, the system has been rule by the powerful. The rule of law cannot be imposed by force or governmental decree. Citizens must accept it and actively cooperate in upholding it. Prosecutions are a tangible manifestation of the rule of law.

When the prosecutorial machinery is abused for political ends, ordinary citizens’ faith in the rule of law is shaken. If people do not believe that the system is fair, they will subvert it. Building a society based on the rule of law takes a generation and more – tearing it down can be the work of a single electoral term.

A quick look at the state of the world will show that pressure on prosecutors is common, even in countries that consider themselves to be shining examples of the rule of law.


It is foolish to wait until a hurricane hits you to strengthen your roof. Fix it now, when the sun is shining and the dark clouds have not gathered.

If one accepts the premise that the public prosecutor should be independent, the first step is to separate the two functions of the Attorney-General. As the Government’s legal adviser, he must take instructions from the Cabinet, whatever his own judgment may be. Take this function away from the Attorney-General. Give it to the Solicitor-General, for example. The three non-prosecution divisions of the Attorney-General’s Chambers – civil, legislation and international affairs – can come under the Solicitor-General or whoever is designated as the Government’s legal adviser.

The prosecutorial function should be left with the Attorney-General, who would have the two prosecution divisions in his charge. It is necessary for the Attorney-General to be the public prosecutor. A certain stature is required to resist politicians, foreign diplomats, domestic pressure groups and non-governmental organisations, not to mention the assorted people who try to influence prosecutions. In the legal hierarchy, the Attorney-General ranks immediately after the Chief Justice.

The next question is: Who should appoint the Attorney-General? At present, the Constitution provides that the Attorney-General is appointed by the President on the advice of the Prime Minister. The President does not have to accept the Prime Minister’s advice, which is the major safeguard against blatant abuse by appointing a political hack to the post.

Since the President has an independent mandate from the people and constitutional discretion, he (or she) should be the one to make the decision, ideally in consultation with the Chief Justice and the incumbent Attorney-General. This will ensure that, optically, the Attorney-General is not seen to be a political creature of the ruling party.

This is a vital consideration. All too often, when someone who opposes government policy is prosecuted, accusations will be made of political motivations.

Even where it is clear that the accused has broken the law (for example, by making a nuisance of himself in public), there will always be those who will say that the Government is trying to silence the opposition.

People posing as human rights activists will attract the knee-jerk support of foreign human rightists. Prosecute a journalist or blogger for insulting religions and you can be sure that there will be howls at home and from abroad about political persecution and restriction of freedom of speech.

These criticisms will be flung even if the Attorney-General has acted in good faith and the politicians have scrupulously avoided trying to influence him. This is grossly unfair to the Attorney-General and his officers, not to mention the politicians themselves. If the public prosecutor is truly independent and seen to be so, it will go a long way towards refuting such criticisms.

Finally, the Attorney-General’s term of office should be long enough to be useful. The Constitution originally envisaged that the Attorney-General would serve until the age of 60.

This provision was amended to allow the appointment of an Attorney-General for a fixed term. The norm in recent years has been two to three years.

Frequent changes of the Attorney-General are disruptive and not good for the morale of the DPPs. Different attorneys-general have different views about how prosecutorial discretion should be exercised. For the sake of stability, I would suggest a five-year term, renewable by the President at his or her discretion.

Some may ask, why change the system at all? If one believes that all is well and that the system will not buckle in future under the pressure of an unscrupulous powerful executive , then fine, don’t change anything.

But if the system can be abused, then the right thing to do is to address the weakness before it does become a problem. A quick look at the state of the world will show that pressure on prosecutors is common, even in countries that consider themselves to be shining examples of the rule of law.

It is foolish to wait until a hurricane hits you to strengthen your roof. Fix it now, when the sun is shining and the dark clouds have not gathered.


  • The writer, a Senior Counsel, is a former Nominated MP who was also attorney-general and public prosecutor of Singapore from 2008 to 2010.
A version of this article appeared in the print edition of The Straits Times on September 29, 2017, with the headline ‘The public prosecutor, politics and the rule of law’. Print Edition

 

Kim Jong Un — smart and strategic? by Dr. Fareed Zakaria


September 17, 2017

Kim Jong Un — smart and strategic?

by Dr. Fareed Zakaria

Kim Jong Un — smart and strategic?

Image result for fareed zakaria

 

I am sometimes asked what world figure I most want to interview. For me, the answer is obvious: Kim Jong Un. The general impression around the globe continues to be that the North Korean leader is crazy, provocative and unpredictable, but I think that he might well be strategic, smart and utterly rational. Because I am unlikely to get that interview, I have decided to imagine it instead.

Q: Marshal Kim, why do you keep building and testing nuclear weapons and missiles, even though they result in massive, crippling economic sanctions?

A: My nation faces a fundamental challenge — survival. The regime is more threatened than ever before. My forefathers had it easy. The Great Leader, my grandfather, ruled with the support of the world’s other superpower at the time, the Soviet Union, as well as our gigantic neighbor, China. The Dear Leader, my father, still had Beijing’s help for the most part. But today, the Soviet Union is history and China has become more integrated with the Western system. And the sole superpower, the United States, has made it clear that it seeks regime change in my country. And yet, we have survived with our ideology and system intact. How? Because we have built a protection for ourselves in the form of nuclear weapons.

Q: But China still provides you with crucial supplies of food and fuel. Don’t you see it as an ally?

Image result for Kim Jun aun

2017 News Maker of The Year–Keeping Trump, Xi,  Putin Abe and Moon Jae-in on on their toes

A: China is ruthlessly pragmatic. It supports us for its own selfish interests. It doesn’t want millions of refugees — or a unified Korea on its border that is a larger version of what South Korea is now, with U.S. troops and a treaty alliance. But I believe that China no longer considers us an ally. It has voted to sanction us in the U.N. Security Council. The current president, Xi Jinping, cultivates close relations with South Korea. He has never met with me, the leader of North Korea, something that the leader of China has always done. Meanwhile, he has had about 10 meetings with the last two presidents of South Korea. At the grand celebrations in Beijing two years ago commemorating the 70th anniversary of the end of World War II, he placed the president of Russia and the president of South Korea at his side. In North Korea, we pay a lot of attention to ceremonies and what they signal.

Q: Is that why you seem to go out of your way to embarrass China and Xi specifically?

Image result for Kim Jong Un

What does it  take for him to sit down and talk since sanctions only strengthens his resolve to pursue the nuclearisation of his country and unify his proud people?

A: We will not be pushed around. We heard that senior officials in China and the United States were discussing whether to encourage a coup in North Korea to get a more pliable ruler. So I’ve taken steps to ensure that this can’t happen. The man in our government closest to the Chinese, who could have arranged such a coup attempt, was my uncle. The man who would have been my natural replacement was my half brother. Both have been liquidated, as have more than 100 disloyal high-level officials.

Q: So will you come to the negotiating table? Will you agree to denuclearization in return for the lifting of sanctions?

A: Yes and no. We will readily come to the table. But we will never give up our arsenal. We’re not stupid. It’s all that is keeping us alive. Look at Saddam Hussein — and we never forget that North Korea was named as part of the “axis of evil” a year before the United States invaded Iraq. Look what happened to Moammar Gaddafi in Libya after he agreed to give up his nuclear weapons program. Look at what’s happening to Iran right now. After Washington signed a deal and the Iranians have been certified to be adhering to it, President Trump now says he’s going to tear it up anyway. Do you think we would be stupid enough to believe American promises after all this? We are a nuclear power. That is not negotiable. We are willing to talk about limits, test bans, freezes — but we would need to be given something in return, and not just money. We need security, in the form of diplomatic recognition by Washington and guarantees of nonaggression from China, Japan and the United States.

Q: Many Americans worry that you will soon have the capacity and the intention to launch missiles at the United States.

A: We will have the capacity. And it serves my purposes to keep you off guard. But why would I strike America and invite a retaliatory counterstrike that would put an end to my regime? Keep in mind, the whole point of this — my entire strategy, all our efforts and the hardships we have borne — is to ensure that my regime and I survive. Why would I risk that? I believe in assassination, not suicide.

(c) 2017, Washington Post Writers Group

10 Rs why we are not Independent; not Malaysia but Malusia


August 25, 2017

10 Rs why we are not Independent; not Malaysia but Malusia

by P Gunasegaram@www.malaysiakini.com

QUESTION TIME | At the stroke of midnight heralding August 31, 1957, the Malayan flag was raised in front of Selangor Padang, Kuala Lumpur before a crowd of thousands and the Union Jack lowered ushering in an era of an independent Malaya which would become Malaysia on September 16, 1963.

Image result for Raising of the Malayan Flag at the Padang on August 31. 1957

The Pinnacle –August 31. 1957 and from then on it was a secular decline into Malusia under Prime Minister Najib Razak–August 31, 2017 and sinking fast due to corruption, incompetence, racism and religious extremism and ketuananism

In the morning, at an elaborate ceremony at Stadium Merdeka, Malaysia’s first Prime Minister Tunku Abdul Rahman cried out “Merdeka!” seven times, echoed by a capacity crowd at the stadium, before the new national anthem “Negaraku” was played for the first time publicly. You can watch a short video here and a longer one here.  If you have not seen them before, I recommend that you do.

In his speech that morning, the Tunku, as the Kedah Prince with a common touch was known to most Malayans, said the nation is based on a constitution and the foundations of freedom (kebebasan), democracy, independence, justice and harmony.

Hopeful faces from all communities and all walks of life packed into the stadium that day, but 60 years later have their hopes, dreams and aspirations been realised? Sixty years later, are we really independent? Sadly, no.

Here are 10 reasons why independence still eludes us.

1. We don’t have freedom in key areas. Freedom is the right to do what you want to do so long as you do not affect the rights of others. But in Malaysia, you can’t even express what you truly feel as many things are considered to be seditious.

Informed debates are out, different lifestyles are looked down upon, you can’t even start a newspaper without the approval of the Home Minister, you have religion interfering in administration and state matters and the Constitution being blatantly disregarded in the name of expediency and a higher law.

2. We don’t have democracy. Democracy is not just only about proportional representation but the right to air your valid opinions and to have the means to spread them to others without restriction. We don’t even have proportional representation because rural seats are given a lot more weightage, sometimes as much as 10 times urban ones. Constitutional safeguards for this have either been ignored or changed over the years. The ruling party holds sway over the mass media by extensive controls as well as ownership webs.

3. We have oppressive laws. The Sedition Act, Sosma, Poca, OSA and various provisions in other legislation provide extensive power to the police and the home minister designed to keep things under wrap and to stifle legitimate dissent. Some of these are even more draconian than the laws which were in place during the time of the British occupation, which is astonishing considering that we have been “independent” for over 60 years. (and we don’t have bola too!)

4. Our government is not transparent. Because the government does so much wrong, it shields so much of what it does, coming up with the infamous Official Secrets Act which dishes out a mandatory jail term for disclosing “secrets”. These so-called “secrets” are most often not even in the national interest to be kept secret but instead reflect serious corruption within government. Unjustly, those who unearth and reveal such secrets face heavy punishment under the law.

5. Our government is not accountable. Our government stopped being accountable long ago. Bad things get done but nobody is brought to account. Billions are lost but no one is charged in court. The same problems crop up over and over again and the same excuses are trotted out over and over again. We don’t ever learn from the past – and the reason is obvious. Corruption prevents correction. This and the previous point reflect the emasculation of our key institutions of check and balance, as our next five points indicate.

Image result for Mahathir the destroyer of institutions
Tun Dr. Mahathir is back to rebuild institutions which he conveniently destroyed

 

6. Our Judiciary is not independent. Mahathir Mohamad infamously put paid to what was once regarded as an independent arm of the government which will rule on the basis of existing laws and the Constitution, resulting in a number of decisions not being made in accordance with legal principles and precedents. This continues to haunt us today with judges now being increasingly influenced by religious beliefs rather than the law and by who is in power.

Image result for IGP Khalid Abu Bakar retires

Hey, Chief, after September, 2017, we don’t care too

7. Our Police are not independent. Selective implementation of the law with the opposition and dissidents feeling the brunt of Police action while government and ruling party elements often get by with a rap on the knuckles or no action at all when others face jail sentences for similar offences. The all-encompassing Sedition Act, OSA, Sosma and Poca have all been selectively used by the police.

8. Our MACC is not independent. While the Malaysian Anti-Corruption Commission suddenly seems to be active, its image is shattered by the omission of action against the largest theft in the country and probably the world as a result of which a huge sum of money came into the accounts of the prime minister. Also, MACC’s actions are quite clearly one-sided towards the opposition, ignoring many cases of corruption involving ruling party officials.

Image result for Paul LowMr Integrity Paul Low –We owe him a lot for allowing corruption to be rampant. We need more big talkers like him 

 

9. Our EC is not independent. The Elections Commission has not shown itself to be independent, allowing gerrymandering to realign boundaries of constituencies and allowing by a large amount proportional misrepresentation to continue by giving undue weightage to rural constituencies.

Image result for Apandi Ali

This A-G only serves UMNO and the Prime Minister

10. Our AG is not independent. The Attorney-General has famously decreed that the Prime Minister has no case to answer despite considerable evidence to the contrary, and especially extensive documented investigation by the US Department of Justice.

The latest appointment of the Auditor-General has been called into question because her spouse is a prominent UMNO member who declared that he will die for the Prime Minister. There are more reasons of course but these 10 are among the main ones.

Although this has culminated with Najib Abdul Razak at the top, it did not start with him. It started much earlier, pushed forward through a racial, racist party which thought that it knew what was best for the country and which twisted and turned this way and that to use religion and race to stay in power. It was not about Malaysians anymore – not even Malays.

It was corrupted by power and money, and along the way, as checks and balances were removed one by one giving the state enormous legislative, judicial, policing and administrative powers to ultimately protect the economic interests of its upper classes especially those in UMNO. Now, kleptocracy rules supreme.

This party must change or go so that freedom, democracy, independence, justice and harmony – the five foundations the Tunku mentioned – are restored, and restored in full. And it requires the efforts of all of us Malaysians, no matter how small or big, whichever community we come from, to ensure that happens. Our survival and the survival of our country depends on that.

 

 

Malaysians are forgetful


July 25, 2017

Malaysians are forgetful about scandals, that is why they keep coming back from Mahathir to Najib Razak

by R.Nadeswaran

http://www.malaysiakini.com

 

Forex, Maminco, Cowgate, Mara, FGV, 1mdb…what next?

 

COMMENT | Dr Mahathir Mohamed recited a sajak (poem) entitled ‘Melayu Mudah Lupa’ (Malays forget easily) at the 2001 UMNO General Assembly. After 16 years, is it still appropriate or does one word need to be changed?

Replacing “Malays” with the “Malaysians” would better describe how events and scandals of yesteryears have been consigned to the burial grounds and entombed.

But even the dead can be awakened for political expediency. After 30 years, the ghost of the foreign exchange market (forex) losses, said to run into billions of ringgit, has arisen from the grave – with hopes of it demonising the leading opposition figure, Mahathir.

So, a Royal Commission of Inquiry (RCI) has been set up and will soon start the proceedings, in the hope of establishing a host of facts. There’s certainly nothing wrong with this – perfectly legal. Using provisions provided in the Federal Constitution, the system allows Joe Public to have privy and access to the reasons for decisions to the commitments made by our leaders and their reasons for doing so.

But what can RCIs do? What does our government do with the findings? What happens after the findings? Will they bring about changes or will they be consigned to gather dust in some steel cabinet in Putrajaya?

There have been many, but let’s look back at just two. The first was on the VK Lingam video and the other was the RCI on illegal immigrants in Sabah.

V.K. Lingam–Vincent Tan’s Correct, Correct, Correct Lawyer–Fixing the Judiciary with Tun Ahmad Fairuz

In 2007, a five-man panel chaired by the former Chief Judge of Malaya, Haidar Mohamed Noor, examined a video clip allegedly of lawyer VK Lingam (photo) being involved in the manipulation of judicial appointments.

Subsequently, Lingam was barred from practising in 2015, but he has since challenged the decision of the Bar Disciplinary Committee, which found him guilty of interfering with judicial appointments. The case is scheduled to be heard next month.

In 2013, the former Chief Judge of Sabah and Sarawak, Steve Shim, chaired a five-man panel to investigate “Project IC”, in which citizenship was allegedly given unlawfully to illegal immigrants in Sabah during the Mahathir administration for electoral support.

‘Project IC probably existed’

After hearing 211 witnesses and recording more than 5,000 pages of evidence, the panel concluded that “Project IC” probably existed. It recommended the formation of a permanent secretariat, along with either a management committee or a consultative council, to address the issue of illegal immigration in Sabah.

But the immigrant problems still continue to prosper across the porous borders between Malaysia and The Philippines.

Against such backdrops, what would yet another RCI bring about? For a while, the proceedings will be the talk of the town, after which, it will enter into a sleep mode to be awakened when yet another scandal surfaces on our shores.

The Cowgate Scandal–The Gatekeeper got awa ,thanks to UMNO

Can someone update Malaysians on the National Feedlot Corporation (NFCorp)? On July 25, 2013, NFCorp chairperson Mohamad Salleh Ismail (photo) told a press conference that Japanese company, Kirimitonas Agro Sdn Bhd, had agreed to purchase its entire shares and related companies, and accordingly take over all the assets and liabilities, including the RM250 million loan with the Malaysian government.

Two weeks earlier, the then Finance Minister II Ahmad Husni Hanadzlah, told Parliament that the government had recovered RM79.9 million from the RM250 million it loaned NFCorp.

Ahmad Husni said the government also sealed NFCorp’s assets worth RM23.3 million – two pieces of land in Putrajaya, two units of real estate in Menerung Township Villa and three plots of land in Gemas.

“Out of the RM250 million, close to RM80 million has been received and RM170 million is yet to be received,” he said when winding up the debate for his ministry on the motion of thanks for the Royal Address in the Dewan Rakyat then.

Ahmad Husni said the Finance Ministry took three steps to resolve the NFC project controversy, namely bringing the case to court, taking over or getting back the amount owed and the assets, and finding a new company to continue the project.

And they drive around in their Porsches…

What happened to the real estate that was seized? Can someone give Malaysian taxpayers a status report on the case? After all, RM250 million belonging to the people was given in loans and surely, the least we can expect is some decent, truthful answers. No need for an RCI to tell us how the money for cattle breeding was used to buy luxury condos and property.

Almost two years ago, Mara, its associated companies and senior officials were caught with their hands in the cookie jar. They were involved in a multi-million ringgit scandal where buildings (student accommodation) in Melbourne were bought at inflated prices and the difference filtered down to some people’s pockets.

Police reports were made; the Malaysian Anti-Corruption Commission briefly detained a couple of people, and the Mara Chairperson was replaced. So, what happened to the investigations? Have the crooks been brought to book? Some of them are driving around their Porsche cars, acting as if nothing ever happened.

The construction of the Port Klang Free Zone (PKFZ) was the biggest financial scandal in the country prior to the emergence of an entity called 1Malaysia Development Bhd (1MDB). Six people were charged and all were acquitted. But, if no one is guilty, then the question is: Where did our money go?

The government continues to service the loans taken by the developer. Even as this is written, the Port Klang Authority (PKA) owes the Treasury billions of ringgit. By the year 2051, PKA’s commitment will accumulate to RM12.4 billion. How is it going to get the money? As a regulatory body, its revenues are meagre. Did anyone think about an RCI to get to the bottom of the issue? Bottom line: The loan will be written off and we, the people, will have to bear that burden.

Image result for The Mother of All Malaysian ScandalsThank You MCA and MIC–Gua Tolong Lu, Lu Tolong Gua

There are dozens of other instances or issues that may not be of the magnitude of the forex losses but have made headlines that require some form of inquiry. The obvious one is the 1MDB, which has made headlines all over the world for the wrong reasons.

But does the government have the political will and determination to get the bottom of all these, especially the Mother of all Scandals?

 

Prime Minister Najib Razak’s Ugly Feud with Dr. Mahathir Mohamad reflects the shallowness of Malaysian politics


July 19, 2017

Prime Minister Najib Razak’s Ugly Feud with Dr. Mahathir Mohamad reflects  the shallowness of Malaysian Politics

Possibility of snap election looms as ex-leader backs a jailed former foe

by Takashi Nakano, Nikkei staff writer

http://asia.nikkei.com

Malaysian Prime Minister Najib Razak (Photo by AP), left, and former Prime Minister Mahathir Mohamad are sniping over the state of the country’s leadership.

SINGAPORE — An ugly feud is intensifying between Malaysia’s Prime Minister Najib Razak and predecessor Mahathir Mohamad, with Mahathir throwing his support behind an old nemesis in hopes of unseating the administration, and Najib sniping back.

Mahathir ruled Malaysia for 22 years through 2003, and the country’s profile on the world stage grew under his hard-charging leadership. He has vocally criticized Najib, who has been in power for over eight years — and is in sight of a yet longer term — but has recently come under fire amid an embezzlement scandal. Rumors have swirled that Najib may dissolve parliament this year, leading to a general election.

The two figures’ mudslinging, if it drags on, may diminish Malaysian politics in the eyes of observers at home and abroad.

The enemy of my enemy

In 1998, Mahathir sacked Anwar Ibrahim, then Deputy Prime Minister, who stood in opposition to him. Anwar was then arrested and imprisoned for six years on charges of sodomy and corruption. In Malaysia’s last general elections in May 2013, Anwar led an opposition coalition against Najib’s ruling one, but in 2015 was convicted of fresh sodomy charges and given another five years behind bars.

Anwar Ibrahim © Reuters

Early this month, Mahathir told The Guardian, the U.K. newspaper, that the popular Anwar had been “unfairly treated.” “The decision of the court was obviously influenced by the government,” he said, “and I think the incoming government would be able to persuade the King to give a full pardon for Anwar.” The statement sent shock waves across the country.

Since the time of Anwar’s first arrest, the independence of the Malaysian Judiciary has been in doubt. Mahathir’s championing of Anwar even at risk of drawing fire for his own past actions shows the intensity of his drive to topple the Najib administration.

In June, at the International Conference on the Future of Asia in Tokyo, Mahathir also said that Malaysia’s present administration was doing badly by the country, and that he hoped for the opposition to score an electoral victory and drive Najib out of office.

Najib quickly fired back via his blog. He said it was “ironic that Mahathir now needs Anwar, the man he sacked and jailed,” and that the former prime minister’s “crusade is motivated not by the national interest, but by selfish personal interest.”

No winners

Najib, having built up a stable political base, appears to have the upper hand in this fight. Mahathir cannot hide the shrinking of his political clout. And while Anwar’s popularity may run deep, he cannot run for office from prison. With the term of the lower house of Malaysia’s Parliament set to expire next June, Najib is waiting for the moment to play his trump card: the right to dissolve the legislative body.

But the Najib government has a major Achilles’ heel in the scandal surrounding state fund 1Malaysia Development Bhd, or 1MDB. U.S. authorities are investigating the apparent misappropriation of at least $4.5 billion from the fund, and several people close to the Prime Minister have been implicated.

Najib’s administration has objected, noting that Malaysian authorities conducted extensive inspections and no crime came to light. But overseas authorities have turned a stern eye. The Monetary Authority of Singapore, for instance, has taken steps to punish a number of financial institutions and people whose actions contributed to the 1MDB scandal.

The ties between Mahathir, Najib and Anwar not only show the fierceness of Malaysia’s power struggle, but expose the shallowness of its political benches. Since it won independence in 1957, the country has not undergone a significant change of government, and it has not cultivated a culture in which the politicians that will bear responsibility for the next generation sharpen one another in friendly rivalry.

With its per-capita gross domestic product having reached the $10,000 level, Malaysia is at a crossroads and in need of a new growth model. Its ruling and opposition parties are constantly bickering instead of engaging in more robust economic debate, casting doubt on the nation’s hopes of joining the ranks of the world’s developed countries.

Muzzling Tun Dr. Mahathir Mohamad


July 12, 2017

Muzzling Tun Dr. Mahathir Mohamad

by S. Thayaparan@www.malaysiakini.com

“The one pervading evil of democracy is the tyranny of the majority, or rather of that party, not always the majority, that succeeds, by force or fraud, in carrying elections.”

– John Emerich Edward Dalberg-Acton

COMMENT | So now we have proof that UMNO members “cover” for their president. We have proof that the corruption of UMNO Presidents are covered up by UMNO members. We have proof that UMNO members will overlook any kind of malfeasances to keep their leader in power.

Image result for Mahathir and Zahid Hamidi

All UMNO Leaders are filthy rich

We have this proof because UMNO Vice-President Ahmad Zahid Hamidi, who is now acting Deputy President of the party, admitted as much when he told former Prime Minister and de facto opposition leader Dr Mahathir Mohamad to shut up or recite Quranic verses to Allah, whichever comes more easily.

This is what Zahid said: “He unveils the flaws of the present leaders, don’t forget we also used to cover his flaws. Don’t let it be our turn to show his shame and ‘scabs’. There is so much that we can reveal.”

Let us unpack this statement. We can discern three important facts from it.

1) Zahid does not dispute that the current UMNO leader and Prime Minister Najib Abdul Razak has “flaws” and in this case, the only flaws that the current de facto opposition leader Mahathir is unveiling are the numerous corruption scandals that are plaguing this regime. You would note that the UMNO acting Deputy President is not disputing those flaws, indeed he acknowledges them as human “weakness” that every UMNO politician (leader) has.

2) He acknowledges that UMNO members “cover” the flaws of their leaders. So, as an UMNO member, he is admitting that over the years Umno has engaged in acts to cover the possibly criminal or unconstitutional acts of their leaders to safeguard the position of Umno and the position of the President of UMNO and the office of Prime Minister of this country.

3) That by claiming “there is so much we can reveal”, Zahid is admitting that UMNO members have evidence of wrongdoing and have purposely concealed these alleged criminal acts from the state security apparatus, the Judiciary, the Press but more importantly, the public.

So, let me be clear. What Zahid’s statements reveal is that (1) UMNO members know that their leaders are corrupt (flaws); (2) that UMNO members cover for their leaders; and (3) UMNO members have evidence of the wrongdoings of their leaders.

How do UMNO members cover for their leaders? Now, I am just spitballing here, but they would have to ensure that their leaders are insulated from the banalities of accountability. This would mean that independent institutions that are meant to investigate and prosecute the “flaws” of politicians would have to be accountable to members of UMNO, whose primary goal is to cover for their leaders.

This would mean that the security apparatus, the judiciary and the press would have to answer to UMNO because these would be the institutions that the UMNO leader and Prime Minister would need “covering” from.

In other words, UMNO members, like Zahid and every other UMNO member who are covering for their dear leader, are collaborators and/or accomplices to the crimes committed by their President. I am merely clarifying what the acting UMNO Deputy President said.

Image result for Mahathir and Zahid Hamidi

Partners in Power or Rivals for Power?

So, when UMNO members defend the indefensible, when they claim that their leaders have done no wrong, when every state apparatus clears UMNO leaders of wrongdoing, what we are left with is the knowledge, articulated by the UMNO deputy president, that all this was done because UMNO members cover for their leaders.

So, this means that the so-called Royal Commission of Inquiry (RCI) on the foreign exchange market (forex) issue of the past is merely an attempt by UMNO members to “reveal” the wrongdoings of Mahathir? This would also mean that this RCI is indeed politically motivated in defence of the current UMNO President and Malaysian Prime Minster because Zahid publicly threatened to “reveal” the “shame” and “scabs” of the former Prime Minister.

And why was Salleh shocked?

So, let’s take this issue of the “appointments as additional judges to the Federal Court”, which has received a fair amount of justified criticism from members of the Bar and former judges. Former Chief Justice (CJ) Abdul Hamid Mohamad had warned that “an extension of a CJ’s tenure beyond the 66 years and six months may compromise the independence of the Judiciary”.

In other words, what the Najib regime is doing may affect the independence of the Judiciary. This brings us to Communications and Multimedia Minister Salleh Said Keruak’s shocking revelation that Mahathir, in his interview with The Guardian implied that jailed political prisoner Anwar Ibrahim “was fixed up by a corrupt Judiciary and the Judges were dishonest”.

Here is the problem. If UMNO members cover for their leaders and the only way they can do this is if they control the apparatus of the state, then why is it shocking that a former Prime Minister implies that the state, through the Judiciary, covered up a political problem for an UMNO President?

If UMNO members cover for their leaders, and the only way they can cover for their leaders is by controlling the apparatus of the state and concealing evidence (as articulated by Zahid), then why is it a surprise to the Communications and Multimedia Minister that the former Prime Minister implies a conspiracy by the state (during his tenure) to imprison a political opponent?

If by stacking the Judiciary in favour of UMNO politicians means that it would be easier to “cover” the flaws of UMNO Presidents, then why should we be surprised by the fears and warnings that this would lead to an unnatural relationship between the executive and the Judiciary as articulated by former CJ Abdul Hamid?

With this in mind, how can we not believe that this move by the Registrar of Societies (ROS) to compel the DAP to hold a further round of its central executive committee (CEC) elections is anything but a political gambit by the UMNO state to neutralise a political opponent of a compromised UMNO President before the upcoming general election?

Concerning this crippling of the DAP, this quote from Lim Kit Siang’s blog needs to be addressed.

“In fact, it has led even independent observers to swallow hook, line and sinker to believe in these fake news and false information. For instance, one independent commentator described the whole ROS fiasco as ‘a ticking time bomb of DAP’s own design’ that should have been addressed a long time ago in a transparent manner. How is the ROS fiasco ‘DAP’s own design’?”

Which is the more plausible proposition?

1) That I have swallowed hook, line and sinker the fake news and false information of this regime and its propagandists.

Or

2) That I was sincerely questioning the strategies (as it were) of an opposition political party that is in the cross hairs of this regime, the state apparatus that they control and the propagandists who serve them.

I will leave rational readers to decide which they think is more plausible. Ultimately, muzzling Mahathir says more of the collective guilt and complicity of UMNO members, rather than the agenda of the former Prime Minister turned de facto opposition leader.