Who delayed the trial? Not my dog


March 15,2019

Who delayed the trial? Not my dog

by Muhammad Shafee Abdullah

https://www.malaysiakini.com/news/467815

COMMENT | On March 10, I was at my home in Bukit Tunku where I have one matured guard dog of mixed breed. Six months ago, I acquired another mixed breed, this time a puppy (now about 10-months-old) intending that it would be a fully-trained guard dog, as having one guard dog without a second one for any eventuality would be unwise.

I trust guard dogs more than human guards. Even my security guards think the same way, as they rely on my guard dogs to secure the compound while manning the guard houses and the gates. I have a professional dog trainer, a former police K-9 unit personnel trained by the FBI.

Although still a puppy, my dog is bigger than most adult dogs of his breed and extremely strong, fast and cunning. He is very playful as one would expect of a dog that age. When I come up to my house, he stands erect on his hind legs unsupported, even for as long as a minute, without moving.

On that day, the dog was let loose in the outer compound. When he saw me, he became excited and rushed towards me playfully, but I was not expecting this. I was careless and lost my balance and fell squarely on my left arm. I felt no pain even several hours later.

However, that night, I felt my left hand stiffening. At first, I thought nothing of it, believing it must be due to working hard in preparing for the appeals at the Court of Appeal on Monday and Tuesday.

I requested my Indonesian employee to massage my hand. He did so as I conducted discussions regarding the appeals in my library in the presence of at least five of my lawyers until about 1am on March 11. I went back home at about 4.30am, and there was no significant change in the feeling of stiffness.

Perhaps, the massage could have exacerbated the latent injury and the next morning, I felt pain when doing routine things.

I began to have more pain at the COA hearing on the first day (March 11), but it was not something that I could not bear. In any case, I alerted the COA of my possible delay the next morning, as I had to attend to a significant mention of Samirah Chandra Muzaffar’s case at the Shah Alam High Court due to some troubling developments.

At that time, my left hand was not an issue. But that night, I felt a throbbing pain and my wife noticed a significant swelling on the upper side of the left hand.

I could not sleep that night so I attempted to read my preparations for the second day at the COA, but the pain became worse and the swelling grew to half the size of a tennis ball. The pain was so severe I concluded that I must have fractured my hand from the fall.

I went to the court in Shah Alam early in the morning on March 12 and on the way, arranged for an orthopedic specialist at the Columbia Hospital in Shah Alam to have a look at my hand. But the timing was not conducive, so I had to rush to the Shah Alam Court, where the matter ended at 10.15am.

When I arrived in Putrajaya at the COA, my associate lawyer, Harvinderjit Singh, was shocked to see the swelling on my hand and told me to immediately go to the hospital.

Initially, my plan was to complete parts of the appeal in the morning and then head to the hospital either during lunch break or in the late afternoon after the case. I have a high threshold for pain, and I thought I could complete the submission before seeking treatment. But my team were concerned and advised me to seek an adjournment of the fourth appeal to the next day.

Consulted orthopedic specialist

When the court started, we applied for the fourth appeal, which was mostly my submission, not to be undertaken on that day as I needed immediate medical treatment. The attorney-general did not object to us doing the submission within the same week, but not Thursday (March 14) as he would be engaged with the Johor sultan.

Friday, on the other hand, was too short (considering Friday prayers) so we settled for Wednesday. Everything was agreed to when I left the COA leaving Harvinderjit to tend the fort. But what I did not know was that after I had left, all parties, including the court, decided that Friday would be a better option for the hearing of the appeal.

As I had a little more time, I went to consult my regular orthopaedic specialist at the Tung Shin Hospital in Pudu.

The specialist was kind enough to wait for me. Immediately upon examination, he was of the opinion that there could be a fracture. But thank God, the X-ray revealed otherwise.

It was massive soft tissue and blood capillaries injury causing significant internal bleeding that accounted for the tennis ball-like swelling and pain. I was given medication and medical leave up to Friday. But I would be attending court as I did this morning, tomorrow and Friday at the COA.

As you can see, we are not delaying the trial notwithstanding exigent circumstances.

Who delayed this trial? Consider the below honestly, and tell me who is the culprit.

The SRC International trial was fixed commencing from February 12, 2019 to March 29, 2019. But the AG decided at the eleventh hour to add three new additional charges under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla) at the trial court on Jan 28, 2019.

This was hardly two weeks from the trial without giving us the benefit of an earlier notice, especially as this would significantly change the trial dynamics, components and programmes.

A decent AG would give us an early notice so that we could offer an opinion if the three new charges could be jointly tried with the seven existing SRC charges on January 28 itself. If he had given us notice, we would not have to ask for time to consider this suggestion by the public prosecutor on January 28.

We also realised that there could be a serious problem in the mode of charging the three additional charges as they sneakily preferred the charges at the High Court itself calling them “charge 4, 5 and 6” without going through the lower court, as these new charges are trilable by the Sessions Court and need a special legal transfer mechanism for the charges to be transferred to the existing SRC High Court. Any chambering student in a criminal based practice would know this.

Anyway, Justice Mohd Nazlan Mohd Ghazali, realising we were unnecessarily taken by surprise, adjourned the matter for further consideration on February  7, just after Chinese New Year. Ask yourself who caused this delay?

As usual, we prepared tirelessly for the submission on Feb 7 in spite of the Chinese New Year and the need to prepare for the main trial starting imminently on Feb 12.

But, lo and behold, the AG personally turned up this time on Februry 7 to give us further shocking news for further concern.

An attempt to sabotage?

First, he said, to avoid troubling the court deciding on the joinder of charges, he was withdrawing the three new charges. What? Is this really happening? Why didn’t he have the decorum to tell us earlier so that we did not have to waste countless red-eyed days and nights preparing the arguments on the joinder?

We complained. Was this an attempt to sabotage by taking us away from preparing the main case? In any case, the statement by the AG that the new charges were withdrawn to save the court time in deciding about the joinder was not frank, as the real reason for the withdrawal was the AG had realised the blunder his office had made in the way he proferred the three additional charges directly at the High Court. This is having blunder and arrogance all together.

Now tell me honestly who caused this unnecessary waste of time and delay?

But that is not all. The AG, out of the blue, suddenly realised and told the court that as a result of two Federal Court decisions, two years and one year earlier respectively, he had second thoughts about the constitutionality of his transfer certificates under Section 418(A) of the Criminal Procedure Code and Section 60 of Amla and the transfer of all the seven charges of SRC cases to the High Court. But hang on, didn’t the AG say constitutional law is his forte?

The AG withdrew all the transfer certificates and literally told the judge that the SRC cases be reverted to the Sessions Court. This is now the subject of appeal on Friday.

Friday is also the subject of whether the judge can flip the AG’s transfer into his own initiated transfer without moving the cases physically to the Sessions Court first (as suggested by the AG himself) and bring them back to the same court.

To let a decision such as this stand would have serious consequences. This decision not only applies to Najib Abdul Razak, but literally everyone who is facing the criminal justice system in Malaysia. These are serious issues that would be dealt with at the COA.

This has never happened before in our country nor in the Commonwealth. A huge issue for determination by the COA is whether a trial if proceeded upon could be declared a nullity and my client could be the victim of a retrial.

Now would it not delay things further for everyone concerned if a retrial is ordered down the line? That is the reason the other coram of the COA granted a stay of the SRC trial until final determination of the appeal. The merit of the appeals is to be determined soon.

Now tell me who caused the delay?

Further among the four appeals is also our claim that we and the court must be given a copy of the fiat to prosecute of Sulaiman Abdullah (and by same arguments in another case involving Gopal Sri Ram).

We need this innocuous document which nevertheless provides the basis for the “fit and proper person” test for us to challenge the appointment if it is called for. Since 1938, our system and all the Commonwealth have provided for inspection fiats of this sort including when I became the prosecutor in Anwar Ibrahim’s Sodomy 2 appeals.

Ironically, the AG initially classified the fiat as an official secret (OSA) which was the excuse provided by Sulaiman in the High Court when he refused to provide the written fiat of his appointment. The AG dropped another bombshell by saying he was not relying on the official secret, and that it was just a “red herring,” and there was never an issue of OSA to begin with.

A red herring? From the mouth of the AG in court? Whose red herring? The AG’s red herring? Why did he mislead us yet again? We prepared a monumental amount of work on the OSA.

Now tell us honestly, after reading this and the facts available, who is causing the delay of the SRC trial.

One has to be as blind as a bat or as deaf as a doornail not to see or hear clearly that it is the Attorney-General’s Chambers which is delaying the trial by raising new things almost on the eve of the SRC trial.

READ THIS: https://www.malaysiakini.com/columns/467873 by Mariam Mokhtar


MUHAMMAD SHAFEE ABDULLAH is the lawyer for former premier Najib Abdul Razak.

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

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A Message to a 93-year Politician: Time to Grow Up


March 12, 2019

A Message to a 93-year old Politician: Time to Grow Up

Image result for mahathir

We, speaking up for what we believe to represent the majority of peace loving and responsible Malaysians, condemn the unhealthy trend of irresponsible individuals and political parties in capitalising on the issue of ‘insult to religion’ to gain popularity among voters.

Such callous actions by these individuals and groups, bordering on rabble rousing, will put the country in a heightened state of uneasiness and fear. The government of the day seems unwilling or unable to respond to these acts of opportunism by irresponsible parties for their own selfish ends.

The background relating to the issue of ‘insult to religion’ lies in our colonial and recent past which saw limited education and the mixing of cultures between the different communities. Hence the past need for restrictive laws to preserve public order.

Image result for racist UMNO

However, after 60 years as a nation state making its way towards modernity and the matured liberal, scientific and progressive future envisaged in Vision 2020, it is high time to revisit and revise these laws.

On May 9th, citizens of Malaysia voted out a failing government and ushered in what we hoped would be a new era of mature political discourse and freedom of expression. As with any new manifestation of political culture, there will be teething problems. These problems need to be analyzed and objectively dealt with in the way which developed and mature societies would handle them.

In our country, institutions of religions have been set up to administer each religion with Islam acknowledged in a special situation in the constitutional sphere. Article 3(1) states that, “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.”

What this means is that insulting Islam is unacceptable in respect of the current laws. Similarly, other religions in the country – even if not enjoying the status of Islam – need to be equally respected.

Striking a Balance In Laws Pertaining to Insulting Religion

In the application of laws prohibiting insulting religion, we must strive for a rational and liberal balance with the protection of the freedom of expression while being mindful of the religious sensitivities of our multi-religious communities. Hence open mindedness and moderation should be the norm in the interpretation and application of the existing laws.

The following are some examples which the holders of state power should not automatically or as a reflex action seek prosecution and punishment just because some individuals or groups label them as constituting religious insult or disrespect:

1. The production or reproduction of religion-related literature and art by Malaysians should be permitted and protected under the law so long as the author is not engaged in what is clearly an act of religious hate crime.

2. Opinions on social issues such as child marriages, female circumcision or other similar subjects are perfectly defensible and permissible as they bear no intention of insult. On the contrary, they provide a contemporary understanding of what are traditionally accepted norms and practices sanctioned by religious authority. The sharing of knowledge on such issues with social and religious institutions and authorities should be encouraged rather than be penalized by the law.

3. Professional opinions on technological, planning design and environmental issues concerning religious buildings or religious actions and rituals should be welcomed as they will help create more sustainable forms and structures that would benefit all members of society.

4. Discourses on spirituality, different forms of religious belief and even agnosticism and atheism should be permitted. Such exchanges of theological and non-theological constructs will enable the nation to grow spiritually as well as be part of the growing universality that is replacing narrow religious, cultural and social constructs.

Protection of the above and other similar expression of thoughts, ideas and constructs are absolutely necessary for Malaysia to grow to become that  “psychologically liberated, secure and developed nation” as envisaged in Vision 2020.

Key Role of National Unity Consultative Council

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Together with the above, in view of the recent national and international attention and publicity  given to the ten year sentence levelled on a recent offender accused of insulting Islam on social media, we call for an urgent phasing out of the laws related to ‘insult to religion’ by instituting the following replacement:

Firstly, such cases construed as ‘insult to religion’ should not be the sole judgement of a single judge for fear of ethnic and religious bias. Such decision should be referred to the National Unity Consultative Council under the purview of the Ministry of National Unity. The NUCC should  comprise noted personalities in societies with representatives of officials from the various religious groups.

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Secondly, for the period before the laws of ‘insult to religion’ are to be phased out, punishment should not go beyond a commensurate fine within the financial status of the person being charged.

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Thirdly, once the laws have been phased out, acts pertaining to so-called ‘insult to religion’ should be referred to the NUCC for action. Such action can include collaboration with the respective religious institutions or authorities to ensure that there are no adverse ripple effects from the alleged insult or disrespect; and counselling of the individuals or groups engaging in such action or activities.

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Fourthly, religious leaders in their sermons must regularly advise congregants and members of the faith against insulting others.

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We remind our fellow citizens that the resort to law to criminalise opinions and views on religion is a double-edged sword. Let us put that sword away so we do not end as a cut up and impaired nation.

Tajuddin Rasdi

Tawfik Ismail

Siti Kasim

Lim Teck Ghee

Terence Gomez

MP Nik Nazmi brings back memories of the Anwar-led 2008 Pakatan Rakyat


February 16,2018

Nik Nazmi brings back memories of the Anwar-led 2008  Pakatan Rakyat

By Nik Nazmi Nik Ahmad  the MP for Setiawangsa.

https://www.malaysiakini.com/news/464186?fbclid=IwAR25cGcttcKWep_VuYlXm9uT0Vhj3nuWoO3kgVCarZFwiZ2X8e8PkOTaVB0

Image result for Anwar-led 2008 Pakatan Rakyat

MP SPEAKS | This week, seven former UMNO MPs joined Bersatu. Bersatu has also declared its entry into Sabah, contrary to its pledge before the 2018 election.

I have consistently said that I am against this—and many of my colleagues in Pakatan Harapan feel the same way.

Let us focus on the challenges facing us in the present and how to move forward into the future. One thing that we need to do is to be willing to listen to all arguments—including the ones we don’t necessarily agree with.

It has been argued that these defectors are needed to shore-up Malay support for Harapan.

It has also been argued that the move is necessary to counter the emerging UMNO-PAS alliance, which is allegedly increasingly popular on social media as well as to strengthen our coalition’s standing in rural areas — such as the East Coast and Northern Peninsula.

It is true that Harapan did not win the popular vote in the last election—garnering only 48.31% of it. Indeed, much of the 50.79% of the vote that Barisan Nasional and PAS won was from Malays in the East coast and Northern Peninsula Malaysia as well as from Muslim Bumiputeras in Sarawak.

And it does appear that Malay sentiment towards Harapan is not exactly glowing. Although much of this is driven by the shrill and manufactured voices of UMNO and PAS surrogates, there is genuine concern among many Malays that the community is under threat: both politically and socio-economically.

Defections will not guarantee Malay support

But is taking in defectors from UMNO the best way to assuage these concerns?

Why can’t the various components of Harapan evolve so that we can, finally, access, engage and win the support of all Malaysians, including the rural Malays?

Why do some of our leaders seem intent on taking short-cuts, rather than the path of hard (but ultimately rewarding) work? Have we totally abandoned the idea of bipartisanship?

Why do some Harapan leaders assume that the Malay community will necessarily be impressed by taking in these defectors? Is the rural Malay community that monolithic? Is quantity really that more important in governance and politics rather than quality?

But if taking in defectors is not the way, how should Harapan resolve its “Malay dilemma”?

Image result for Anwar-led 2008 General election anwar poster

Negara ini bukan  Tun Dr.Mahathir punya. Ini adalah Malaysia–Negara kita semua. 2008 GE Tagline–UBAH SEBELUM PARAH

One way is to double-down on conservative Malay politics, including turning back on reform because it will allegedly weaken the community. This is the path that PAS has taken. That was their choice to make and theirs alone, but it also means they are no longer the party of Dr Burhanuddin al Helmy, Fadzil Noor and Nik Aziz Nik Mat.

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Dr.Syed Hussin Ali-The Intelletual behind PKR

The alternative is to stick to the progressive, inclusive promises we made via the Buku Harapan.

Our GE-14 campaign manifesto was a document that all Harapan parties agreed to. But it was also a platform that addressed the aspirations and problems of all segments of Malaysian society, including the Malays.

The Buku Harapan can be executed. We couldn’t deliver all of the 100 day promises—but it doesn’t mean that it cannot be realised. The same applies to the other pledges.

Some things may need to be sequenced, but they must be done if the country is to survive and thrive. We should not simply cast the Buku Harapan aside due to political exigencies.

Harapan won because it gave Malaysians hope

It is cynical and disingenuous to say that Harapan won only because of the 1MDB scandal and the anger towards Najib Razak. That’s simply not true.

Our critics—but also our own leaders, legislators and supporters—should give us more credit than that.

Malaysians voted for us not only out of anger over BN’s scandals and mismanagement, but because they believed that Harapan had a better vision for the future of the country. They voted for us because Harapan gave them hope. What I am saying is this: Harapan should learn to take “yes” for an answer.

Malaysians gave us an adequate majority on May 9

There is no need to worry about our parliamentary majority (which is adequate to govern). Unless some quarters have some political calculations to undermine the Harapan consensus.

Image result for dr syed husin ali

As I have said many times before, a two-thirds majority is sometimes more trouble than it is worth.

It is only moral and just that constitutional amendments—when they become necessary—be done via a bipartisan consensus, by talking and working with the Opposition and civil society.

Harapan should roll up our sleeves and get down to the business of governing the country. And “governing”, means reforming our economy and making it work for all Malaysians.

Malays will benefit from progressive politics

Part of this involves winning over the Malays to the idea that progressive politics and governance is in their interest. And it is.

Who makes up the majority of the urban poor? The Malays.

Who makes up the majority of low-wage earners? The Malays.

Who makes up the majority of the petty traders struggling to earn a living? The Malays.

Whose families are the majority of those struggling to service high household debts? The Malays.

Who are the majority of smallholders struggling from low commodity prices and delays in government payments? The Malays.

Delivering an economy that solves the plight of these segments of society, even in a non-racial manner, will do more to win over Malay voters than trying to outflank UMNO and PAS on the right – or luring opposition crossovers.

The voters in these constituencies did not vote for Harapan. They knowingly chose the vision that BN and PAS had for Malaysia. Their MPs moving over to Harapan will not likely make them feel any differently.

Instead, solving the bread-and-butter-issues of the voters will go a long way in addressing their racial and religious insecurities.

Harapan should trust our defend our Constitution

We must also learn to trust our Constitution and our system of governance, even as we repair both from decades of abuse.

Setting up the latest incarnation of the National Economic Action Council (NEAC) is the Prime Minister’s prerogative and so is its composition — although there were some interesting omissions.

The members who were selected are distinguished and respected in their several fields — one wishes them every success.

But the NEAC’s emergence has — fairly or unfairly — led to speculation over the performance of the Cabinet. There are perceptions — again, fairly or unfairly —that attempts are being made to circumvent the normal process of Cabinet-based governance in the management of Malaysia’s economy.

It is easy to dismiss these criticisms as grouses, but they have a real impact on how voters view this current Pakatan Harapan government.

If we lead, the people will follow

I hope this is something that the leaders of our government and alliance will take into account moving forward, especially when dealing with defectors and in how the administration’s agenda is to be executed.

The ends do not justify the means. Like it or not, processes sometimes matter as much as outcomes.

Malaysia needs solutions that work for the many, not the few. We need policies for these day and age. Too often we seem to be indicating of going back to the economic prescriptions of Old Malaysia.

Sticking to the spirit of Buku Harapan is the way forward.

This will go a long way towards winning over Malay fence sitters and not side-line our non-Malay and politically liberal supporters.

While UMNO and PAS embark on a journey rightwards, we should not dance to their tune.

But we must allow them the space to be a functioning Opposition that keeps us in check.

That is what leadership is. Pakatan doesn’t have to reinvent the wheel. Let’s be sure of who we are, what we want to do and where we want to go. If we are sincere, the people — including the Malays — will follow.


Nik Nazmi Nik Ahmad is the MP for Setiawangsa.

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

Will this be Mahathir’s finest moment?


December 17, 2018

Will this be Mahathir’s finest moment?

by Kim Quek

https://www.malaysiakini.com/letters/456486

 

COMMENT | I refer to Rais Hussin’s article “Mahathir’s resignation is not an option” which is a response to my own “Mahathir must step down to save Reformasi.”

Reviewing the above two articles, I would contend that the issues at hand are: The potentially devastating impact on Pakatan Harapan arising from the anticipated mass migration of defecting UMNO MPs to Bersatu, and whether Prime Minister Dr Mahathir Mohamad should step down at this juncture.

Defecting UMNO MPs

What motivates UMNO MPs to defect in the first place?Considering that the intention to defect occurred so soon after losing the election, the probability of this being motivated by a drastic change of political ideology is almost nil.

Such speedy decisions to switch camp from the opposition to the ruling coalition are invariably prompted by the desire to seek greener pastures, as well as to escape criminal investigation and prosecution, as almost all of them have been tainted by corruption during the corrupt rule of UMNOo and Najib Abdul Razak. They are pure opportunists, and many are intended escapees from the law.

Their massive influx would reflect the complete lack of integrity and principles of Harapan in general and Bersatu in particular.

Fatally for Harapan, it will be taken as a grand sell-out of the electorate, who had voted Harapan to power precisely because they had been repulsed by the despicable UMNO leadership.

And whatever Bersatu may say, it can not remove the widespread perception that it is implicated in such mass movement of defectors.

Former minister Hamzah Zainuddin’s declaration of 36 UMNO MPs having signed a pledge of loyalty to Mahathir is the latest incident, among many others, that has given fuel to such perception.

Mahathir as a reformist PM

What is the root cause of UMNO’s decadence, which subsequently leads to its almost instant virtual collapse?

Answer: racism and corruption. The former breeds the latter, in addition to fracturing the country along racial lines, breeding mediocrity and brain drain which have caused our prolonged economic malaise – all under UMNO’s hegemonic rule.

The Reformasi movement founded by Anwar Ibrahim in 1998 was precisely intended to overcome all these vices, which includes wiping out corruption, restoring justice and equality, reforming the tattered institutions and restoring the rule of law, thereby putting the country on the path of healthy national integration and robust economic growth.

The Harapan coalition has therefore an enormous task at hand. In addition to reforming the broken institutions, the impaired governance and restoring the rule of law, it must at the same time tackle racism which is the mother of these evils.

Among these urgent tasks, institutional reforms and reform of biased mindsets on race and religion of the majority of our populace are basic, the success of which should serve as a solid foundation upon which ‘New Malaysia’ will thrive.

It goes without saying that to successfully implement such a heavily reform-loaded agenda, the leader must be a reformist of deep conviction of such reforms.

In this respect, Mahathir’s background would make him ill-fitted as leader of this reformist coalition, considering the fact that most of his current task would involve dismantling or reforming or rebuilding the governance infrastructures which he built during his long reign as UMNOPresident and Prime Minister.

And this is reflected in his delay or refusal to repeal many repressive laws, to abolish racist institutions, to reveal comprehensive recommendations for institutional reforms.

It is also reflected in his lack of enthusiasm to reform the biased mindset on race and religion, and the lack of action to gradually and strategically phase out pervasive racial discriminations and reintroducing meritocracy in education, state-controlled enterprises and public service.

While it is unfair to demand full performance on such reform agenda from Mahathir, in view of his political background, the same cannot be said of Anwar, founder and leader of the Reformasi movement and successor-designate to Mahathir.

Anwar would be a shoo-in for this task. Apart from being the architect of the reform concepts of this movement, he was also instrumental in formulating the election manifestos for the 12th and 13th general elections, which later served as a blueprint for the manifesto which helped Harapan to win a sweeping victory in the 14th general election.

Anwar has built up the movement from cradle to its present maturity, for which he has endured incomparable sufferings and political persecution almost continuously throughout the past two decades of struggles.

He is not only the most knowledgeable person on such reforms, but he also has the grit, guts and gumption to see the reforms through to their fruition.

Mahathir’s finest moment?

Mahathir is a politician extraordinaire. He is unique in modern history. After autocratically ruling the country for 22 years, he returned to the political scene many years later to lead a reformist coalition and succeeded in overthrowing the decadent regime which had ruled uninterrupted since independence 61 years ago and crowned himself Prime Minister at the incredible age of 93.

He has made many mistakes in the past, but he has also made the greatest contribution to the country – dethroning the almost unbeatable, corrupted-to-the core autocracy, thus giving the nation a new breath of life.

However, his greatest challenge is yet to come.

At this moment, when the mass of UMNO defectors are at his doorstep ready to boost up his relatively small party, will he embrace them to strengthen his hand to rule to his heart’s content?

Or will he have the wisdom at this final hour to recognise the sacrosanct call of history – relinquish power now, and let his reformist successor lead the next leg of the nation’s journey?

The former choice would almost certainly cause the coalition to lose credibility with its supporting electorate and cause dissension within the coalition and demoralise the entire reform movement.

While the latter choice would give a fresh impetus to the current reform agenda that would enable the nation to scale new heights and make this his crowning moment that would seal his status as founder of the ‘New Malaysia’.

Whatever Mahathir decides, it may mark another turning point for the country.


KIM QUEK is the author of the banned book The March to Putrajaya, and bestseller Where to, Malaysia?

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

A Tale of Two Malays


December 5, 2018

A Tale of Two Malays

by Tajuddin Rasdi

www. freemalaysiatoday.com

Image result for Asri and Mahathir

In this article I present my views on the different responses and approaches of two Malay and Muslim educated leaders to raise questions about nation building. The two personalities  are Prime Minister Dr Mahathir. Mohamad and the “respected” mufti, scholar and academic Dr. Mohd Asri Zainul Abidin.

The scenario in question is the recent Seafield Sri Maha Mariamman temple incident. I do not view the temple incident as a racial one even though the police have established that the clash was between 50 Malay “hired thugs” and the devotees of the temple.

Image result for Asri and Mahathir

From the excellent police report and Home Minister Muhyiddin Yassin’s statement, we can gather that these Malays were hired to solve the problem of vacating the land in order for commercial development to take place. The company to which the land belongs has since denied it was involved in hiring thugs.

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I have heard whispers of this kind of thuggery being undertaken to resolve the problem of vacating people from state and private land. I have also heard whispers that police often turn a blind eye to such actions. I hope these whispers are not true but the glaring events at the Seafield temple have confirmed my personal fears that there may be truth to many of them.

Whatever the real and intended purpose of the Malay “thugs”, I am convinced it was not a racial conflict but a simple “Melayu-thugs-for-hire” one. But politicians, clerics and opportunists have grabbed on to this incident to colour it as a racial conflict. When I read that 70 Malays turned up later that day, I feared the worst but thankfully, our police force was at its best.

When Asri came out with a forceful statement about taking a harsh approach in dealing with “illegal temples”, I feared it would only aggravate the situation, especially with sentiments over the ICERD still strong.

Although Mahathir has reversed the government’s earlier decision to ratify the UN treaty, many, including the “respected” cleric, seem to be egging on a demonstration that I fear could pull this country apart. We know the damage that was done by the previous Jamal Yunos-led Red Shirts rally.

Here I wish to draw attention to the approach of Mahathir on the temple issue: he showed exemplary leadership in putting Malaysian, “Malaysianness” and nation building above the idea of “Malayness”, “Islamicness” and “Tanah Melayu-ness” of those in PAS and Umno, and now – sadly – Asri.

One excellent character trait of Mahathir that I admire is that he can stand firm, no matter what the ulama, royalty and politicians throw at him. From his writings, speeches I have heard and media statements, Mahathir does not come out as a simplistic “my race above all” thinker like Zahid Hamidi and Ibrahim Ali, nor does he comes off as an “Islam above all” thinker like Hadi Awang or Asri.

He has his own personal views of Islam which I have read, his own idea about Malaysia’s history as well as his own personal formula on how Malays should change. He even admitted his failure to change the Malays, giving as proof the vast corruption by Malay elites, including in UMNO and the civil service. He dumped UMNOo… twice! Yes, UMNO dumped him once, but he did it twice. He is even said to be engineering UMNO’s elimination and a reboot of his own version of “Malay-Malaysianess” in PPBM.

Personally, I think it will never work as he is too old and may not have time to train Malays in the new “Malay-Malaysian ideology” so that they become progressive and critical-minded Muslims with a Japanese work culture.

That model of “Malay-Malaysianess” never took off even when he was the leader of UMNO.

But what I admire most about the way Mahathir handled the Seafield issue is that he was decisive and humanitarian and he did it with a Malaysian finesse. The government has ordered the status quo to be maintained and for the rule of law to take effect.

The matter has been taken to the courts again by some devotees, and a few millionaires have started a campaign to raise funds to buy the land from the owner. I suspect Mahathir may have had a hand in the idea of buying the land.

Mahathir may have lost his credibility as a Malay, a Muslim and a leader among kampung-educated Malays, bandar-educated Malays and university-educated Malays. But he has won my respect and that of the non-Malays and the very, very few thinking Malays.

He has lost the Malay political mileage that is badly needed to restabilise Malaysia as well as prop him up as the PPBM and Pakatan Harapan leader. I think it is a costly price that he has paid personally, but Mahathir is no stranger to such sacrifices.

What matters to him is a clear and unadulterated vision of where Malaysia should be heading, a vision very few Malays understand and are willing to follow, both in the opposition and in the government. Mahathir has put his political career on the line for the sake of a peaceful Malaysia.

The same can be said about the ICERD issue. Many have criticised him for “backtracking” from his tough talk at the UN but I think it takes guts and a visionary leader to go against one’s “reputable standing” and make decisions within a dynamically changing socio-political scenario. Other politicians would have taken more time to weigh the political cost and delay their decision, but Mahathir was quick, decisive and clear over both the ICERD and Seafield issues.

In contrast, let us look at how Asri responded to the temple issue. A day after the reported clash, I was shocked to read his harsh statements encouraging the authorities to come down hard on the Indians with regard to the many “kuil haram” on land not belonging to that community. Although many Muslims I know will side with him in this very popular statement, I think it is selfish and immature with respect to the idea of nation building.

Although I have admired Asri for his academic and religious views framed in an intellectual stand on many issues, his statements suggest his stand on Indians is far from friendly. The first clue to this attitude was given in his Facebook posting about Hindus attacking Muslims in India as well as the burning of widows. He made those statements in defending controversial preacher Zakir Naik, who is wanted in India. I have also heard his veiled attempts at making Hinduism look bad by associating it with the abhorrent caste system.

I will answer his criticism of the Hindu religion by giving three points. Firstly, it is most difficult to discern the principles of a religion from the cultural practices of the adherents. Until I read 20,000 hadiths, I never knew that Malays were practising “Melayu-Islam” and not the Prophet’s Islam. When Asri criticised harshly many of the attitudes and practices of the Malays using hard textual evidence, many Malays despised him but I agreed 100% with what he said concerning this matter.

I have read the hadiths and so I know. Most Malays do not read and they depend on clerics like Azhar Idrus or Zamihan Mat Zin to fill them in on what Islam is. I am 200% behind Asri in his “war” against the Malays and their ethno-centric interpretation of Islam.

Having said that, I have to ask: does Asri know enough about Hinduism to separate the cultural practices or attitudes from the philosophical teachings of that religion? I have read several books on Hinduism, including the Bhagavad Gita and the meditative techniques stemming from that faith, and I find them filled with the wisdom of the ages.

Hindus dissected the self, the ego and the mind long before Prophet Muhammad was born. Much of the concept of “self” by Muslim scholars such as al-Ghazali and Rumi echo the same teachings – not because they have been “influenced” but because of the generality and universality of the messages.

Most Muslims have a narrow window, framed in the 1,400-year scholarship of Islam, and refuse to take a walk outside of that box into the world of human civilisation and strive to understand who they are and how best to behave or act in a community of communities.

Secondly, with respect to the caste system, most societies, even the Malays, practise them. Abdullah Munshi detested the difference in punishments meted out to peasants, guards of the Rajas, the bangsawan or aristocrats and the Rajas, saying they were un-Islamic. To him all men were equal under Allah. I have many Hindu friends and I have never heard of widow burning or the imposition of the caste system; neither have I heard them threaten people of other faiths.

Thirdly, if Asri considers all Hindus as terrorists for atrocities committed against Muslims by some, then what of the Islamic State fanatics bombing here and bombing there, using lorries and other vehicles to knock down and kill non-Muslim civilians? Certainly Asri would point out that Islam the religion is free from such heinous acts and that those who do these things do not reflect Islam which offers a message of peace.

If that is so, why can’t Asri see the “terrorist Hindus” as a party totally different from Malaysian Hindus such as P Ramasamy and P Waytha Moorthy who are fighting peacefully in the political arena for the betterment of their own race? Clearly Asri has not acted with wisdom or out of consideration for the peace and safety of the many Malaysians in making such statements. He thought only about his own race and faith.

Thus, in conclusion, we can see two sons of Malaysia, two sons of the Melayu culture and two sons of Islam having two divergent approaches and attitudes towards the idea of building a peaceful nation.

One of them cares about all life in Malaysia while the other seems to care only about those of his race and religion. One has a long view of Malaysia’s future in the global community while the other has views limited to what is important to his own faith.

Malays have to decide who they should follow.

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

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10

ICERD Controversy Needs More than Politics to Resolve


November 26, 2018

ICERD Controversy Needs More than Politics to Resolve   

 

by Tawfik Ismail and Lim Teck Ghee

Two recent commentaries on the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) ratification controversy have argued that it is necessary for the government to make known its position on the issue.

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According to the Sik-Bisik Awang Selamat column of Utusan Malaysia those who oppose ratification have a valid concern in that it will challenge the constitution which affects the special rights of the Malays, the bumiputeras and the Malay rulers. The column noted that the issue will continue to divide the nation as long as the government  drags its feet and does not come out with a clear and definitive decision. The Utusan writers also pointed out that If the politicians cannot take a firm stance on the issue, how can they expect to convince the populace?

 

The second commentary by Dr. Musa Mohd Nordin and Dr. Awaluddin Mohamed Shaharoun makes the point that that UMNO-PAS politicians are using the issue to create instability in their efforts to topple the Pakatan government. They also provide a necessary reminder to the public that PAS president, Hadi Awang, in an Utusan Melayu report dated 15 September 1985, then in his capacity as Terengganu State Commissioner, “pledged to abolish Malay rights if PAS came into power”. More specifically, he added that these include “the removal of Malay Reserve Land, National Economic Policy or other policies which only served the Malay interest. PAS promised that all races would be equitably treated”.

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Anti-ICERD rally is now void of reasoning

Although diametrically opposed in their support of the political parties, both sets of commentators seem to agree in assigning the primary responsibility for resolving the controversy to the political leaders of Pakatan and Barisan.

A politically driven top down authoritarian approach to managing this controversy now has taken place with the announcement from the Prime Minister’s Office that the Pakatan government has decided against ratifying the ICERD.

 

According to the PMO statement, “The government will continue to defend the Federal Constitution, in which lies the social contract agreed to by representatives of all races during the forming of the nation.”

 

While this clearly hasty and apparently panicky decision may have the effect of dousing the inflamed sentiments and views of some members of the public, it is at best a temporary band-aid or cooling agent.

What has happened is that the ICERD issue and the question of Malaysia’s ratification – for better or for worse – has become and will remain a cause celebre which will continue to generate widespread controversy, fierce campaigning by opposed groups and heated public debate.

 

To ensure that the ICERD ratification issue is not further hijacked by political parties and politicians for their own agenda,  a final government position needs to be made which takes into account the views of all stakeholders and the larger citizenry.

We propose the following process of examination and analysis to take place:

 

  1. The main objections expressed against ratification relate to concerns about how the international treaty will adversely affect the special position of the Malays, the other Bumiputeras, the Malay rulers, the Malay language, etc..

  2. In addition, the latest statement by PMO brings in a related but new issue of the ‘social contract’ agreed to by the various communities at the time of independence which the ICERD ratification apparently will conflict with.

  3. All major stakeholders – apart from political parties – should review the provisions of the ICERD and determine how the country’s act of ratification will exactly impact on each of their positions as well as on the so-called ‘social contract’.

  4. In particular, each major stakeholder identified by critics of the ICERD as having their position or rights or interests adversely affected by the treaty ratification – the Rulers Council, JAKIM and other Islamic bodies, social, cultural, language, academic, and other Bumiputra bodies and organizations should take the opportunity to give priority to this exercise and  communicate their findings and conclusions to the public and the government. In this way, they can either refute or confirm the concerns made by others on their behalf.

 

Silence from non-partisan and non-politically aligned key stakeholders will not serve the nation well.  We are all aware that fear and insecurity are being fanned and manipulated by the anti-ICERD Malay faction and this will not stop soon.

Finally, we note that the best way of responding to those who claim to represent or speak up on behalf of the Malays is to remind them of the wisdom of our past leaders in building the nation.

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One of the most influential leaders of our recent history, Tun Dr. Ismail, has explained that:

“The Special Position of the Malays [is] a handicap given to the Malays with the consent of all the other races who have become citizens of the country so as to enable the Malays to compete on equal footing for equal opportunities in this country. That and that alone is the only aim of the Special Position of the Malays.”  (From Ooi Kee Beng, “The Reluctant Politician: Tun Dr. Ismail and his Time”, p. 225).

 

We believe that the ultimate national position on ICERD ratification – whether for or against it – should be derived from historically informed, empirically driven, truth-finding, objective and independent analysis along the lines we have set out. This alone can enable us to break the deadlock over the issue and be acceptable to the great majority of Malaysians who want the country to put this issue behind them and to move on.

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*Tawfik Ismail, eldest son of Tun Dr Ismail, is an alumni of St. John’s, Royal Military College and Oxford University. He represented Sungei Benut as Member or Parliament from 1986 till 1990.

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Dr. Lim Teck Ghee is a public policy analyst and author of the book, Challenging Malaysia’s Status Quo.  He is also co-author of the recent book on the 14th GE, Anatomy of an Electoral Tsunami.