The longer UMNO stays in power, the more UMNO will reconstruct Malaysia’s Constitution to erase the freedom and rights of Muslims and non-Muslims

After more than 60 years of the UMNO-led Barisan Nasional reign in Malaysia, there is now an undeniably increasing constriction of religious rights and freedom of all Malaysians.

Among Muslims, there is increasing control of what is deemed the sole interpretation of the scriptures, with no room for debate or discourse, academic or otherwise in the country.  We have seen various internationally renown Muslim scholars and thought leaders banned by the Malaysian authorities.

In 2014, Islamic scholar Ulil-Abshar Abdalla was banned from entering the country to speak at a forum on the threat posed by religious fundamentalism.  Ironically, the forum was being held at the headquarters of the Global Movement of Moderates established by Prime Minister Dato’ Seri Najib Razak himself.

More recently, Mustafa Aykol, renowned Turkish author and New York Times journalist attached to Wellesley College, Boston was arrested and detained for 18 hours in Malaysia for having purportedly given a “religious talk” without license.  The only problem to that charge is that he was merely participating in a roundtable intellectual discussion on the question, “does freedom of conscience open the floodgate to apostasy?”

His books were subsequently also banned by the Home Ministry as a “threat to national security”.  Not only foreign scholars have been targeted, progressive young Malaysian scholars such as Wan Ji Wan Hussin has also been arrested recently while his book, “Ulama Bukan Pewaris Nabi” was also banned.

On the other hand, conservative and controversial clerics such as Zamihan Mat Zin who, among other things, defended a Muslim-only laundrette was praised as an “asset” by the Home Minister, Dato’ Seri Zahid Hamidi.

The increasingly narrow interpretation of what Islam is and the outright condemnation of those who disagree, has also been matched over the past decade with the increasing attempt to demonise other religions, in particular, Christianity.

We have seen the confiscation of bibles, seditious and incendiary talks to incite hate against Christianity by renown fraudulent ‘scholars’ such as Irene Handono, as well as banning the use of the term “Allah” by other religions.

Christians are the convenient bogeymen for the UMNO politcal elites to continue to strike fear among their core Malay-Muslim supporters to ensure that all other transgressions by the Party, such as brazen corruption and outrageous scandals, will be set aside to face a concocted Christian threat head on.

However last week, the open attack in Parliament by Deputy Minister in the Prime Minister’s Department, Datuk Asyraf Wajdi that atheism is unconstitutional opens a whole new chapter in diminishing the religious rights of ordinary Malaysians.

He claimed that atheism should be outlawed because it will incite people to leave their religion or to profess no religion. As such, it violates Article 11(4) of the Constitution, which allows state laws and federal laws to control and restrict the propagation of any religious doctrines or beliefs among Muslims. He even said that “anyone who tries to spread ideologies and doctrines that promote atheism and similar beliefs, which tarnish the sanctity of other religions, can be charged under the Sedition Act.”

The Deputy Minister who apparently possess a Doctorate on Islamic Banking and Finance is talking utter rubbish.

Firstly, the Constitution clearly states “every person has the right to profess and practise his religion…”  How in the world did Datuk Asyraf interpret someone having “the right to profess” to everyone “must profess” in a religion?

When the Constitution says under Article 10, “every person has the right to freedom of speech” and “every person has the right to assemble peacefully without arms”, would the Deputy Minister with a Doctorate also interpret it as “everyone must speak (and hence cannot remain silent)” and that “everyone cannot refuse to participate in peaceful assembly”?

Of course not.  When someone “has the right to profess… his religion”, it clearly means that he has the freedom of choice to believe in a religion.  But it does not at any point compells him or her to adopt a religion!

In addition, an atheist or a free-thinker, by not believing in any religion or participating in any religious activities, does not make him or her, by default, run afoul of Article 11(4) which prohibits propagating other beliefs to Muslims.  That would be sheer illogical nonsense.

Unfortunately, propagating illogical nonsense isn’t illegal in Malaysia.  Hence such illegal nonsense is being abused by ruling political elite to strengthen their grip by striking fear into the hearts and minds of Muslims – to focus on the purported threat of Christianity, and now atheism; and of non-Muslims, by taking away their freedom, one bit at a time.

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Presiden UMNO Dato’ Seri Najib Razak telah mengeluarkan fitnah berbau perkauman yang melampau terhadap DAP untuk menakutkan orang Melayu dan mengalihkan kemarahan rakyat terhadap skandal 1MDB, SRC International dan MO1

Presiden UMNO, Dato’ Seri Najib Razak telah melontarkan pelbagai fitnah dan dusta terhadap parti DAP dan pemimpin-pemimpinnya dalam ucaptama Perhimpunan Agung UMNO semalam.

Beliau berkata bahawa “sekiranya negara ini jatuh ke tangan DAP yang memperjuangkan liberalisme melampau dan fahaman sekular berbahaya, pastinya, hak dan keistimewaan yang diperjuang serta dipertahankan oleh UMNO selama ini, termasuk Institusi-institusi Bumiputera antaranya MARA, FELDA, RISDA, FELCRA dan TERAJU akan pupus dan lenyap.”

Tambahan lagi, Dato’ Seri Najib juga menuduh bahawa “Perlembagaan parti DAP, tiada langsung menyebut Islam sebagai agama Persekutuan, tidak dinyatakan untuk menjunjung institusi Raja-Raja Melayu dan tidak tertulis satu ayat pun, tentang usaha untuk melindungi hak dan keistimewaan Orang-Orang Melayu serta Bumiputera.”

Kami ingin bertanya kepada Dato’ Seri Najib Razak -  parti yang mana yang meletakkan keseluruhan Perlembagaan Persekutuan ke dalam Perlembagaan Parti?  Adakah MCA, MIC, Gerakan, parti-parti Barisan Nasional di Sabah dan Sarawak menyenaraikan setiap fasal perlembagaan persekutuan ke dalam perlembagaan parti mereka?

Jelasnya tidak. Hakikatnya, Presiden UMNO hanya ingin menipu dan mengelirukan orang ramai terhadap perlembagaan parti DAP.

Adalah tertulis dalam perlembagaan DAP bahawa maksud dan semangat Perlembagaan Persekutuan seperti yang dihasratkan oleh pengasas penubuhan dan kemerdekaan Malaysia merupakan perjuangan DAP.  Setahu kami, fasal-fasal yang disebut oleh Dato’ Seri Najib Razak – Islam sebagai agama Persekutuan, institusi Raja-Raja Melayu dan hak keistimewaan bumiputera adalah terkandung di dalam Perlembagaan Persekutuan yang sama dipertahankan oleh DAP.

Apatah lagi, untuk menafikan pembohongan-pembohongan UMNO selama ini, semasa Persidangan Parti DAP di Shah Alam pada 8 Jan 2012[1], DAP telah mengeluarkan dan meluluskan Deklarasi Shah Alam yang antaranya menegaskan bahawa:

Kita menghasratkan Impian Bangsa Malaysia, dan dalam usaha untuk mengecapi impian ini, kita mengulangi komitmen untuk:

Mempertahankan sistem Demokrasi Berparlimen dan Raja Berperlembagaan dengan Seri Paduka Baginda Yang di-Pertuan Agong sebagai Ketua Negara. DAP komited untuk menjunjung Perlembagaan Persekutuan Malaysia sebagai undang-undang yang paling agung negara dan meluhurkannya dalam semangat Merdeka 1957 dan Perjanjian Malaysia 1963.

Memelihara kedudukan istimewa orang Melayu dan Bumiputra serta hak-hak kaum-kaum lain, seperti yang termaktub dalam Artikel 153 Perlembagaan Persekutuan.

Memastikan kedudukan Islam sebagai agama Persekutuan serta kebebasan untuk mengamalkan agama-agama lain dengan aman dan damai, seperti yang termaktub dalam Artikel 3 dan 11 Perlembagaan Persekutuan.

Memartabatkan Bahasa Melayu sebagai Bahasa Kebangsaan seperti yang termaktub dalam Artikel 152 Perlembagaan Persekutuan, serta menggalakkan penggunaan dan pengajian bahasa-bahasa ibunda lain untuk membentukkan masyarakat yang cemerlang dan berbilang bahasa.

Memperjuangkan kebebasan rakyat yang terjamin dalam Artikel 10 Perlembagaan Persekutuan, iaitu kebebasan untuk bersuara, berhimpun dan menubuh persatuan.

Menghormati Perjanjian Malaysia 1963 serta hak-hak yang dimiliki oleh rakyat Sabah dan Sarawak.

Adakah Dato’ Seri Najib Razak buta huruf sehingga sehingga beliau tidak faham apa yang tertulis dan diterbitkan oleh DAP sebelum ini?

Atau Dato’ Seri Najib Razak sengaja berfitnah untuk mengapi-apikan kebencian perkauman di kalangan orang Melayu supaya segala skandal-skandal pimpinan beliau, termasuk penyelewengan berbilion-bilion dolar daripada syarikat kerajaan 1MDB dan SRC International ke dalam akaun peribadi beliau, akan dilupakan?

Timbalan Perdana Menteri, Dato’ Seri Zahid Hamidi dalam ucapan beliau dua hari dahulu menuduh pihak pembangkang mempergunakan strategi Nazi, iaitu “jika anda ingin berbohong, biarlah ia besar dan jika kamu katakannya berulang kali, orang akan mula mempercayainya.”

Apa yang dikemukakan oleh pihak pembangkang, terutamanya mengenai penyelewengan kewangan 1MDB dan SRC oleh Presiden UMNO, yang juga merupakan Perdana Menteri dan Menteri Kewangan telah terbukti benar dan tidak dinafikan oleh Dato’ Seri Najib Razak.  Walhal, yang benar-benar mempergunakan strategi pembohong besar Nazi adalah Dato’ Seri Najib Razak sendiri, seperti yang telah dibuktikan di atas.

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A question for the IGP - Why the delay in 1MDB probe despite sufficient evidence?

In  an  interview  with  Singapore  broadcaster  Channel  News Asia, the Auditor-General (AG) Tan Sri  Ambrin  Buang said  his  report on 1Malaysia  Development  Berhad  (1MDB)  provided sufficient basis for an investigation on the state investment firm.

“I  think  our  report  is  sufficient  as  a  basis  for  further  investigation, we have done our job. The next step as recommended by PAC, they want investigation on certain personality in the company, let the  police  do  their  work, we will assist anyone who wants (to) investigate," Ambrin was quoted saying, referring to the Public Accounts Committee (PAC).

However, despite the PAC having tabled its report on the 7 April, more than six weeks ago, the Royal Malaysian Police has not even called up the key 1MDB protagonist identified in the entire scandal!

Home and Deputy Prime Minister Dato’ Seri Ahmad Zahid Hamidi informed the Parliament yesterday that the Police have yet to question former 1MDB CEO Shahrol Azral Halmi as part of their probe into the sovereign wealth fund.

"All witnesses involved will be called by police if necessary to record their statements and for further investigations.  Shahrol has not been called to record his statement as of yet," Zahid said when replying to the Member of Parliament for Raub, Datuk Mohd Ariff Sabri.

Why is the Police dragging their feet over the entire investigation?

In fact, I have personally first lodged a police report against 1MDB in March 2015, seeking investigations over the role of Datuk Shahrol Halmi, Jho Low and other individuals over their involvement in the 1MDB Petrosaudi investments.

For example, Datuk Shahrol Halmi has instructed payments of US$1.03 billion to Good Star Limited, which the Bank Negara Malaysia has informed the PAC as being “a company owned by an individual unrelated to Petrosaudi International Limited”.

I am not sure if I should be shocked that the Police has failed to even interview the 1MDB key-man after  more  than  a  year. Now  that  even  the  PAC  and  the  Auditor-General  have both indicted Datuk Shahrol Halmi over the gross mismanagement of 1MDB, what else is the Inspector-General of Police (IGP), Tan Sri Khalid Abu Bakar waiting for?

The IGP is after all famous for being a Twitter-happy top cop, demanding instant arrests and questioning  of  witnesses  and  suspects  over  the  most  trivial  of  alleged  offences  like “insulting” a  leader. Why  is  Tan  Sri  Khalid  Abu  Bakar  taking  his  own  sweet  time  over  what has been internationally recognised “the heist of the century”?

We  call  upon  the  Royal  Malaysian  Police  to  act  with  the  necessary  haste  and  urgency  to ensure  that  the  culprits  behind  the  RM50  billion  monster  scandal  are  quickly  brought  to justice. The  failure  by  the  Police  to  act,  and  the  irony  of  the  speed  of  investigations
overseas will only lead Malaysians to conclude that they are doing their utmost best to cover up the heinous crime involving the most powerful political figures in the country.

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If BN wants to win back Malaysian votes, they should look at their own policies and statements, instead of blaming journalists

The Malay Mail Online reported yesterday that Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi urged journalists from non-mainstream media to help paint Barisan Nasional (BN) in a good light, in the ruling coalition’s bid to reclaim the support of Chinese and Indian voters.

The Deputy Prime Minister got his priority completely wrong.  It is not the role of journalists to “help paint” BN in a good light.  It is the role of the journalists to report the facts and the truths of events and activities.  If the truth paints anyone in the bad light, regardless of whether it is the ruling party or the opposition, the fault lays with the relevant parties themselves, and not the journalists.

If the Deputy Prime Minister is really sincere about winning back the votes from the rakyat, particularly from the non-Malay community, then the first step must start from himself and UMNO.

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As we approach our 59th Merdeka Day and 53rd Malaysia Day celebrations, have we become a nation where Malaysians no longer decide our own destiny?

On 31 August 1957, the Federation of Malaya declared our independence from our foreign colonial power and on 16 September 1963, we formed Malaysia with our counterparts from Sabah and Sarawak.  Malaysians stood proud to be a new sovereign nation where her citizens are able to chart their own goals, dreams and destinies.

However, Malaysia’s independence is now under threat and her citizens face the risk of a newfound imperialism by a unknown Arab power.  In the past, the people of Malaya and Borneo were kept under a leash via a military force.  Today, Malaysia’s vision and policies are influenced by obscene amounts of foreign money funding our ruling political party.

Senior UMNO leader and Minister Dato’ Seri Nazri Aziz found “nothing wrong” that the Prime Minister personally accepted a secret RM2.6 billion donation in the latter’s private bank account from a “brotherly” Arab nation.

He shamelessly admitted that the so-called ‘donation’ was “to see certain parties win in the general election because we are friendly to them”.

The above confirmed without a doubt that Malaysia’s sovereign status is under threat by the fact that our ruling party and its leaders have become compromised by secret foreign funds.  The marginal victory Barisan Nasional received in 2013 proved further that a foreign country has directly and decisively determined the outcome of our country’s election.

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If ‘not a single sen’ of KWAP funds went into Najib’s account, why is the MACC investigating SRC International?

The new Deputy Prime Minister, Dato’ Seri Zahid Hamidi, claimed that not a single sen of the US$700 million transferred to Prime Minister Datuk Seri Najib Razak's accounts came from government pension fund, Retirement Fund Inc (KWAP).

He said the money came from just one Middle Eastern donor, and that they were channelled‎ through multiple companies to avoid detection. "No KWAP money was used by Umno or deposited into Najib's accounts. I saw the documents," ‎said Zahid when officiating the Sri Gading Umno division meeting yesterday.

If Dato’ Seri Zahid is so certain that none of the monies deposited into the Prime Minsiter’s account came from SRC International, which took a RM4 billion loan from KWAP, why didn’t Dato’ Seri Najib Razak sue both The Wall Street Journal and Sarawak Report for defamation?

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My Open Letter to the Prime Minister of the United Kingdom, Mr David Cameron

Dear Mr Prime Minister,

Welcome back to Malaysia. It is an honour that you have decided to return to my country so soon after your last trip in April 2012.

Let me first take this opportunity to congratulate you on the recent successful re-election of your government. For all its oft-cited shortcomings, the British democratic system remains among the most free and fair in the world, with the Westminster an institution most countries like ours look up to.

I am also extremely encouraged by the increasing assertiveness of UK’s foreign policy which seeks not only to serve the British national interest but equally to establish a minimum moral and ethical standards in a world increasingly dominated by greed and self-interest.

At a forum entitled “Building the world we want by 2030 through transparency and accountability” during the 69th UN General Assembly on September 24th 2014, you highlighted the fact that “the more corruption in your society, the poorer your people are.” You admonished those who refused to deal with corruption. “Some people don’t want to include these issues in the goals. I say: don’t let them get away with it,” you said.

Just last month, you wrote in the Huffington Post to implore the G7 to place priority on fighting corruption, using the FIFA scandal to provide the impetus. You argued eloquently that

…at the heart of Fifa is a lesson about tackling corruption that goes far deeper. Corruption at Fifa was not a surprise. For years it lined the pockets of those on the inside and was met with little more than a reluctant sigh.

The same is true of corruption the world over. Just as with Fifa, we know the problem is there, but there is something of an international taboo over pointing the finger and stirring up concerns… But we just don't talk enough about corruption. This has got to change.

You have since 2013 led a mission to ensure Britain's network of overseas territories and Crown dependencies, like Cayman and British Virgin Islands, signed up to a new clampdown on tax evasion, aimed at promoting transparency and exchange of information between tax jurisdictions.

As you said, "we need to know more about who owns which company - beneficial ownership - because that is how a lot of people and a lot of companies avoid tax, using secretive companies in secretive locations.”

Yesterday, your speech in Singapore was pointed and direct. You told the listening Singapore students that “London is not a place to stash your dodgy cash”.

“I want Britain to be the most open country in the world for investment. But I want to ensure that all this money is clean money. There is no place for dirty money in Britain. Indeed, there should be no place for dirty money anywhere.”

You rightly pointed out that “by lifting the shroud of secrecy”, we can “stop corrupt officials or organised criminals using anonymous shell companies to invest their ill-gotten gains in London property, without being tracked down.”

We, Malaysians need you to make the very same points in our country. Making the above points in Singapore is good, but it is like preaching to the converted as our neighbour is ranked 7th in the 2014 Transparency International Corruption Perception Index.

The leaders of the Malaysian government on the other hand, are embroiled in a financial scandal of epic proportions.

In particular, our Prime Minister Dato’ Seri Najib Razak, whom you are to meet has been recently accused by the Wall Street Journal that he has received in his personal account cash deposits amounting to nearly USD700 million in 2013. It is a damning but substantiated allegation which he has steadfastly refused to deny.

Some, if not all of the money could be linked to state-owned 1MDB which is crippled by USD11 billion of debt, requiring billions of ringgit of emergency bailout funds by the Malaysian tax-payers. I am certain that you have been briefed on leaked documents clearly points to an incriminating trail of plunder and international money-laundering across Singapore, the Middle East, the United States, Switzerland and yes, the United Kingdom.

The New York Times and other media outfits have also raised questions about how his family owns properties, in New York, Beverly Hills and London worth tens of millions of dollars. These properties were purchased with the same opaque “shell companies” which you have rightly censured.

The sheer scale of the sums involved makes the FIFA bribery scandal look like child’s play. This is the very reason for the drastic iron-fisted actions Dato’ Seri Najib Razak has taken over the past two weeks. As you would have found out by now, he has sacked the Attorney-General who was leading the investigating taskforce on the above scandals. He has also sacked the Deputy Prime Minister, Tan Sri Muhyiddin Yassin for questioning the 1MDB shenanigans in a Cabinet reshuffle designed to stifle inquiries into the subject matter.

The newly promoted Deputy Prime Minister, Dato’ Seri Zahid Hamidi who is also the Home Minister, acted to suspend the country’s leading business papers, The Edge Weekly and The Financial Daily last week because they played a leading role in uncovering the multi-billion dollar scam to defraud Malaysians. Can you ever imagine the UK Financial Times being suspended?

I have on the other hand, been in a relentless pursuit to uncover the conspiracy to defraud the country at the very highest levels since 2010. Earlier in March this year, I became the first Member of Parliament to be sued for defamation by a Prime Minister in the country in a blatant attempt to muzzle my strident criticisms.

When that failed, I have found out last week that I’ve also become the first Member of Parliament ever to be barred from travelling overseas, without any reasons, valid or otherwise, being provided. The only plausible reason for such a drastic action against my right to travel is that I will soon be arrested for my troubles to expose the truth and highlight the staggering size of embezzlement, misappropriation and criminal breach of trust.

If the local media’s police sources were to be believed, I am most ironically being investigated under the recently amended Criminal Penal Code for “activities detrimental to parliamentary democracy”. It is a ‘heinous’ crime which carries up to a 20-year jail sentence.

Mr Prime Minister,

You have written that you “need to find ways of giving more support and encouragement to those in business, civil society and the media who are working to fight corruption”.

Malaysians need your “support and encouragement” today. While we do not need your interference over our sovereign affairs, we also do not need any pretentious praise embedded into polite diplomatic speak which will lend any legitimacy desperately sought by Dato’ Seri Najib Razak’s administration.

We also hope that the worthy mission to increase trade relations between our two countries with great historical links will not relegate your goals to “make the global business environment more hostile to corruption and to support the investigators and prosecutors who can help bring the perpetrators to justice.”

We pray for your wisdom to speak resolutely on Britain’s zero tolerance against corruption and money laundering. For Malaysia, the façade of a moderate Westminster-like democracy masks many ugly truths of social injustice, political oppression and extensive corruption.

Like you, I’ve had the immeasurable privilege of completing my degree in the best university in the UK, which ranks among the best in the world (if not the best). We completed the same course in Philosophy, Politics and Economics (PPE) but I was 6 years your junior.

While you received a first class honours and I missed the cut, I hope that our alma mater has embedded in us the moral fortitude to play our little roles in building a better world.

I will end my letter with a quote from our fellow alumnus and PPE graduate, Daw Aung San Suu Kyi who most pertinently said, “sometimes I think that a parody of democracy could be more dangerous than a blatant dictatorship, because that gives people an opportunity to avoid doing anything about it”.

Thank you for listening, Mr Prime Minister.


Tony Pua
Member of Parliament for Petaling Jaya Utara

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1MDB Interim Report Transparency Will Clear the Storm of Unsubstantiated Allegations

The 1Malaysia Development Bhd (1MDB) farcical circus which is making Malaysia the butt of international derision, can be ended today if the Finance or Prime Minister instructs the Auditor-General to make public its findings in the Interim Report on 1MDB.

The sheer volume of information and misinformation, allegations and counter-allegations thrown in the media and public space is staggering and mindboggling. Not only the consumers of news – regardless of whether it is in the mainstream print media or the internet news portals – are baffled, even well-intentioned reporters are often left confused.

Take for example, the oft-repeated allegation that the Thai police have stated that a Malaysian opposition leader had met with former Petrosaudi executive, Xavier Justo who was arrested for alleged blackmail in Bangkok.

The only official quote given by news sources from Lieutanant-General Prawuth Thavornsiri was “He (Justo) met a very important person from a certain country, in Singapore. He then negotiated the selling price of the documents and later sold them to the buyer.”

Separately, in an interview with The Straits Times Singapore, he said Justo met with “many people, about 10, from the media and from political circles, even from the same party as the PM (Datuk Seri Najib)”.

It was however The New Straight Times (NST) which claimed that the Thai police confirmed Justo admitted to meeting a very important person from a Malaysian opposition party without an attributable quote. This slight of hand has since been taken as the gospel truth allowing the Barisan Nasional leaders to go on a witch-hunt against the leading critics of 1MDB.

Before this, BN leaders and many mainstream media alleged that the Thai police had confirmed that Xavier Justo tampered the information sold to third parties. For example, On 24th June in Malacca, Home Minister Datuk Seri Ahmad Zahid Hamidi announced that based on information obtained from the Thai authorities investigating the case, several Malaysians were alleged to have directed Justo to manipulate and tamper with information stolen from his former employers, PSI.

However, nobody could find any quotes attributable to the Thai police then which confirmed any such findings above. The allegation which was blown up by BN leaders valiantly defending 1MDB was also finally proven false when Lt Gen Prawut Thavornsiri confirmed last week that Justo “didn’t make any changes to the documents and sent the original documents (to the buyer) as digital copies.”

The entire farcical 1MDB circus has reached the heights of international scorn and derision for Malaysia. Our country’s reputation has been torn to shreds with the sheer volume of information and misinformation which has made a complete mockery of our governance system, transparency and accountability.

The Finance and Prime Minister, Dato’ Seri Najib Razak has a very simple way to end the entire fiasco, by ending the exceedingly unhealthy speculation over whose allegations are the truth, and whose are fabricated. All he has to do is allow the Auditor-General to make public the Interim Report with the relevant attachments which was submitted to the Public Accounts Committee.

Based on the information which is provided in the report, all questions of whether the 1MDB-Petrosaudi data which was exposed by The Sarawak Report and other media outlets such as The Edge was tampered, fabricated, doctored or otherwise will be immediately put to rest.

There will be no more need to for Lester Melanyi paid video confessions. There will be no more need for countless unsubstantiated allegations and insinuations by BN Ministers against opposition leaders’ involvement in tampering data. After all, the Second Finance Minister, Dato’ Seri Ahmad Husni Hanadzlah had issued a statement last week that “the Auditor-General investigating 1MDB’s activities has found no evidence of wrong doing” in the Interim Report.

Therefore, I call upon the Finance and Prime Minister to stop dragging Malaysia’s good name through the mud and immediately direct the Auditor-General to make public the 1MDB Interim Report to put to finally prove if the allegations from the 1MDB critics like us were based on hard facts and documents, or prove the BN leaders’ claims that we have cooked up our allegations with fabricated information.


Tony Pua

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Propaganda

Why is the Home Minister intimidating the The Edge when it is 1Malaysia Development Bhd (1MDB) which has been giving flip-flop answers to the media?

The Edge Publications have confirmed that they have received a show cause letter from the Home Ministry which accused them of “publishing articles on 1Malaysia Development Bhd (1MDB) that have created confusion and doubts about the government and our financial institutions.” They were also accused of relying on an Internet portal for our articles.

Malaysians want to know why the Home Ministry is intimidating the media with regards to its dutiful reporting on the RM42 billion 1MDB scandal? The degree of intimidation is so brazen and crass that the show cause letter did not even specify the allegedly offending articles.

The show cause letter is also a culmination to the entire week of demonising the former employee of Petrosaudi International Limited (PSI), Xavier Justo who was arrested in Thailand for allegedly attempting to blackmail his former company. The Barisan Nasional (BN) controlled media, Ministers and BN leaders went into an overdrive to twist the arrest with the tampering of leaked documents and correspondences between PSI and 1MDB.

The above was a clear-cut, premeditated, calculated and concerted attempt to discredit the leaked information and consequently all negative criticisms of 1MDB. After all, in a quote attributed to Nazi propagandist Joseph Goebbels, “if you tell a lie big enough and keep repeating it, people will eventually come to believe it”.

What is important to note however, ever since the first explosive joint venture agreement between 1MDB and PSI was leaked in mid-February, neither 1MDB, PSI nor the Malaysian government has ever once specifically denied any contents of the relevant and cited exposed documents and email correspondences.

The above included highly incriminating conversations between Jho Low and his associates with PSI officials which points to how the former masterminded the entire transaction. They also included highly damaging documents pointing towards the illicit misappropriation of billions of ringgit of funds from 1MDB approved by the latter’s top management. The emails, documents and money trail also demonstrated how 1MDB’s funds were abused and disguised as foreign direct investment from the Middle East to acquire politically connected companies in Malaysia.

Despite the severity of the allegations, PSI, 1MDB or even Jho Low has not even bothered to provide a single iota of evidence to prove how the leaked data and documents were allegedly forged or tampered with over the past 5 months. Hence we would like to ask the Home Minister, Dato’ Seri Zahid Hamidi – on what basis are you issuing the show cause letter against The Edge Publications, or any other parties publishing these stories for that matter?

In fact, it would have made more sense if the Home Minister had issued a show cause letter to The Edge (or other local publications) for publishing some of the statements issued by the top management of 1MDB, which have since been proven to be outright lies.

For example, the President of 1MDB, Arul Kanda Kandasamy told the Singapore Business Times that the balance of US$1.103 billion of investment in the Cayman Islands have been “redeemed” and the “cash” was parked in a Singapore bank.

"The cash is in our accounts and in US dollars. I can assure you (about that) . . . I have seen the statements," said Mr Arul in an apparent attempt to calm rising anxiety over the status of these funds parked offshore which were managed by little-known fund managers.

The story was first published on 9 February 2015 and republished in nearly all local media. It was subsequently discovered that there is no US$1.103 billion of cash in the Singapore bank based on a parliamentary reply I received on 19 May 2015. The above is proof that Arul lied through his teeth because he even attempted to justify why the “cash” was kept offshore.

“There's a very sensible and simple reason for that… We are keeping the money in US dollars as we have US$6.5 billion in bonds out there, in which interest payments come up to nearly US$400 million a year," he said.

Unfortunately the ugly truth is, Malaysians remain clueless as to what exactly is parked in the Singapore bank remains a complete mystery even today.

Should not the Home Minister therefore go after the parties who have lied and misled Malaysians over the missing billions of ringgit of taxpayers’ money? Instead what we get is the disgraceful behaviour of the Ministry doing its utmost to gag and punish those who are public-spirited and acted with integrity to expose the wrong-doings, embezzlement, misappropriation and criminal breach of trust by public officials entrusted with tens of billions of ringgit.


Tony Pua

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How is the Edge Expected to Defend Itself from Baseless, Vague Accusations?

Why do we have a Home Minister who doesn’t at all understand the rule of law and behave like a tin-pot dictator of a banana republic?

The Home Ministry has issued The Edge Publications a show cause letter accusing them of “publishing articles on 1Malaysia Development Bhd (1MDB) that have created confusion and doubts about the government and our financial institutions.” The Edge was also are also accused of relying on an Internet portal for our articles.

However, the degree of intimidation is so brazen and crass that the show cause letter did not even specify the allegedly offending articles.

It was only fair that if The Edge was to be given a fair opportunity to respond to the letter, it must know what offence it has allegedly committed in the first place. Hence, The Edge rightfully requested for information on the offensive articles the paper has published more than 300 articles on 1MDB alone, Bernama, Bloomberg, Reuters, Business Times, Euromoney – alongside their own reporting from the media channels in The Edge Media Group.

However, the Home Minister Datuk Seri Ahmad Zahid Hamidi dismissed the request for information outright in the most arrogant and unbecoming fashion.

"Whoever eats chillies will feel the heat, there is no need for them to ask us which articles involved matters which are not true… They should know." he reportedly told The Star.

The reply only proves that our Home Minister has zero sense of natural justice and tramples on the rule of law.

You cannot charge an accused of committing an alleged crime without informing the accused of the specific crime he has allegedly committed. This is among the first principles of natural justice of the English law, the European Convention of Human Rights and the United Nations.

How is The Edge expected to defend itself when it doesn’t even know what wrongdoing the Home Minister is accusing them of?

Dato’ Seri Zahid Hamidi should stop behaving like a tin-pot dictator of a banana republic. The Minister is making Malaysia the laughing stock of the world and destroying the country’s reputation in the process.

Dato’ Seri Zahid Hamidi must withdraw the show cause letter to The Edge if he can’t even specify which article did The Edge publish which was based on allegedly false information. His attention will be better appreciated to ensure that our enforcement agencies like the police are up to speed when dealing with the real crimes against the Government like the Mara property kickback scandal and the embezzlement of funds from 1MDB.


Tony Pua

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1MDB's Innocence Can be Resolved Through the Simplest of Measures

The way to prove “tampered data” is not to allege “tampered data” based on a wishy-washy statement but by making the untampered versions public.

The Barisan Nasional Government machinery is working overtime to intimidate and suppress public information, discourse and criticism over 1Malaysia Development Bhd monster scandal which is threatening to unhinge the Najib administration.

The Home Minister, Dato’ Seri Ahmad Zahid Hamidi is now threatening news organisations which publish stories based on information exposed by The Sarawak Report. In particular, leaked email conversations between the various protagonists in 1MDB, Jho Low and his associates as well as PetroSaudi as well as documents such as the 1MDB Petrosaudi joint venture agreement has shaken the Najib reign to the very core.

However, the Home Minister based his claim entirely on a statement from an anonymous source from UK-based cyber security firm Protection Group International (PGI), which was hired by PSI to investigate the leaks. The source said “Simply put, it is incomplete data, creatively selected and edited to fit a desired narrative.”

Even if, and that’s a big “if”, the above allegation is technically true – nothing in it actually debunks the information exposed by The Sarawak Report, provided by the whistleblower as untrue!

It may indeed be “incomplete data” because some key transaction documents were not available in these leaked emails. To Petrosaudi and 1MDB, the emails may be “creatively selected”, but to the Malaysian taxpayers, they may be intelligently filtered. PGI alleged that the information was “edited to fit a desired narrative” – to which I would say, of course they were!

I would even say that the very allegation by the unnamed source from PGI is guilty of all of the above. The allegations provides “incomplete data”, is “creatively selected and edited to fit [1MDB’s] desired narrative”!

There was not even any mention, whether by Petrosaudi, 1MDB or PGI on what exactly has been edited, or worse, tampered by any party. Was the joint venture agreements wickedly doctored? Were key words in the emails replaced other malicious words? Or where all of the above complete works of fiction?

Therefore Dato’ Seri Zahid Hamidi has no right to abuse his powers to threaten any media agency in Malaysia to stop the criticism of 1MDB, especially in the light of all the subsequent corroborating evidence which has been discovered – such as the fact that there was no “cash” in the BSI Bank of Singapore, the fact that 1MDB was unable to repay even a RM2 billion loan which was due in November 2014, or the fact that 1MDB overpaid for its energy assets.

Instead, the best way for Petrosaudi or 1MDB to debunk, once and for all, all the various allegations published and exposed by The Sarawak Report or any other media organisations, is to provide the proof to the contrary.

1MDB unfortunately, has made absolutely no attempt to do so. Since January 2015 when the first incriminating documents first surfaced on The Sarawak Report, 1MDB has made no attempt to produce evidence and documents to prove the allegations in The Sarawak Report as false.

They have not even verbally denied the specifics of the exposes like the fact that 1MDB top management signed a US$1 billion investment in the 1MDB Petrosaudi joint venture within 5 days of meeting Petrosaudi. There was no denial that US$700 million and subsequently another US$550 million was transferred to Good Star Limited, a company controlled by Jho Low. 1MDB to date, has been unable to provide anyone with information on what exactly did they invest US$2.318 billion in the Cayman Islands, since redeemed and substantially spent, with the balance kept as mysterious “units” in BSI Bank Singapore.

In fact, the publisher of The Sarawak Report, Clare Rewcastle, even taunted all the relevant parties to sue her in the Court of Law if she has misrepresented any emails or documents in her website. There was no attempt by Petrosaudi, 1MDB or Jho Low to do so. All we get is meek and general denials, merely brushing aside the very serious allegations as “tampered information”.

Come on, 1MDB. Man up, or own up. Stop hiding underneath the Government skirt pleading secrecy while threatening to abuse its powers.


Tony Pua

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Who to Trust: The Home Minister or the IGP?

Why are there conflicting status reports on the investigation of 1Malaysia Development Bhd by the Home Minister and the Inspector-General of Police?

I had asked the Home Minister, Dato’ Seri Zahid Hamidi for my parliamentary question on the 10 June 2015 to state

"…kedudukan siasatan pihak Polis ke atas penyelewengan dalam urusniaga 1MDB yang telah menyebabkan kerugian berbilion-bilion ringgit."

"Adakah Low Taek Jho telah disoalsiasat sebab dokumen-dokumen yang terbongkar menunjukkan bahawa wang 1MDB telah disalurkan ke dalam akaun beliau?"

The Home Minister completely avoided responding to whether Low Taek Jho has been investigated. However, he surprised everyone by claiming that the Police have completed their probe into debt-laden 1Malaysia Development Bhd (1MDB) and is now waiting for further instructions from Attorney-General (A-G).

In referring to a police report lodged by former Batu Kawan Umno division vice-chairman Datuk Seri Khairuddin Abu Hassan, Zahid said the case was classified under Section 409 of the Penal Code for criminal breach of trust by public servant or agent.

"The investigative papers have been referred to the A-G on March 9 this year for further action," he said.

Firstly, I’m disappointed that there was no reference made to the police report which I had made personally on the 4 March 2015 against the various parties relating to 1MDB, including Low Taek Jho.

However, I’m even more surprised that the investigation over 1MDB has been completed and submitted to the attorney general more than 3 months ago on 9 March.

This is because on 9 March itself, Tan Sri Khalid Abu Bakar had confirmed that police are investigating the debt-ridden 1Malaysia Development Berhad (1MDB), with a new task force formed to probe the strategic investment company. He said the task force set up several days ago by the Attorney General (A-G), which included the Malaysian Anti-Corruption Commission (MACC), the A-G Chambers and the police.

"We are part of the task force set up by the A-G. We are investigating those reports lodged," he said on that day.

Since then Bernama reported on 22 March 2015 that the IGP reiterated, “as the police have received information and reports on the case, the special squad [to investigate 1MDB] felt that we should undertake an investigation without having to wait for the report of the National Audit Department.”

Even as late as a week ago on 4 June 2015, the Inspector General of Police (IGP) was still pleading for time and patience from the Malaysian public for the investigations to be completed.

"I don't want to speak on behalf of the task force. I am not their spokesperson but I just want to confirm that the investigation is being carried out. So I don't want to give out any details of the investigation. This is because if I divulge details of the investigation, it will disrupt the task force's probe," he said

In fact, Tan Sri Khalid Abu Bakar even alluded to the fact that none of the key protaganists like Low Taek Jho or the top management of the 1MDB scandal have been called for questioning when he asserted, “…in commercial cases such as this, we do not arrest first and then investigate. We have to investigate it first and then only make the arrest if needed”.

However, if the Home Minister is telling the truth, then we have to ask what is the A-G doing sitting on the investigation papers for the past 3 months?

The glaring question therefore is, how is it that Dato’ Seri Zahid Hamidi could inform the Parliament that the Police have completed their probe into 1MDB and the investigation papers have been sent to the A-G on March 9 this year when everything the IGP has publicly announced points to the complete? Or is this another example of the Home Ministry’s left hand being totally clueless about what the right hand is doing, a state of affair which is becoming the norm rather than the exception in the Najib administration?

Tony Pua

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Dato' Seri Ahmad Zahid Hamidi Should Stop Criticising Critics Of 1MDB

Dato’ Seri Ahmad Zahid Hamidi epitomises UMNO’s penchance for shooting the messenger, in this case those who exposed the wrongdoings of 1Malaysia Development Bhd

Datuk Seri Ahmad Zahid Hamidi claimed today the barrage of criticisms against 1 Malaysia Development Berhad (1MDB) is part of a systematic effort by groups out to destroy the nation’s image.

According to The Star Online, the home minister told reporters in Kota Baru that he has reasons to believe as such, following 1MDB and accounting firm Deloitte’s briefing yesterday to the federal Cabinet.

“All the attacks, speculations and unsubstantiated claims launched by certain quarters had far-reaching consequences on the country’s image in the eyes of foreign investors. Any attacks against 1MDB will indirectly affect the country and it is deemed to be a concerted attack on Malaysia. Those behind it must take responsibility for any false accusations,” he was quoted as saying in the English daily’s online report.

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Home Minister's Tall Tale Justification to Revive Emergency Ordinance (EO)

On July 11th, the Home Minister Dato’ Seri Ahmad Zahid Hamidi claimed he will present statistics from a recent study on crime in full at the next Parliament session to justify the need to revive the Emergency Ordinance (EO), to allow the Police to place suspects under detention without trial for 2 years.

He said “I obtained the statistics, which were derived empirically, that in Selangor, 90% of organised crimes were carried out by ex-detainees who were released from Simpang Renggam where they were held under the EO. I will present the statistics and the study in the Dewan Rakyat in the coming session, the September session, to prove the need for the EO.”

When pressed again for statistics and evidence last week of his allegations on the August 17th, Dato’ Zahid Hamidi continued to insist that he had the figures in hand but urged for continued patience before making them public.

He provided the excuse that media captains need to be properly “briefed” by the home ministry and police before the government can allow any disclosure of classified crime data involving former Emergency Ordinance (EO) detainees.

Instead, it is now the Attorney-General, Tan Sri Abdul Ghani Patail himself who has provided the concrete evidence that the Minister was giving cock and bull stories to justify the reinstatement of EO-like laws.

Ghani informed a forum by the Malaysian Crime Prevention Foundation yesterday that “even after the repeal of the EO in 2011, there was no evidence from the 1,567 investigation papers submitted that violent crimes were committed by former detainees”.

The Attorney-General didn’t even tried to mince his words to say that there was “only some” or “very little” evidence of former detainees committing these crimes. He said “there was no evidence”.

Tan Sri Abdul Ghani was unapologetic in saying that the police had relied on the Emergency Ordinance (EO) to lock up suspected hardcore criminals, as they were simply "addicted to it".

Dato’ Seri Zahid Hamidi must now own up to making up ficticious claims about how 90% of organised crimes today are being carried out by ex-EO detainees. These claims never held water in the first place because if the study is already concluded, and he already have in his possession the study, why does he need to wait 2 months before the report is presented to the Parliament?

However, if you read into Dato’ Seri Zahid’s statement, one can only deduce that it is completely oxymoronic. If the “study” even exists, then surely for a shocking 90% of the crimes to be identified as being carried out by ex-detainees who were released from Simpang Renggam, these “criminals” would have been identified, arrested, investigated and possibly even charged already. But if they have been arrested and investigated – and there have been very few reports of such, then how come crime is still rampant and the Police still needs the EO?
In fact if Dato’ Seri Zahid’s allegation that 90% of these crimes were committed by former EO detainees were true, it actually doesn’t “prove the need for the EO”. On the contrary, it only proved that the police force to be totally incompetent.

Unlike Dato’ Seri Zahid who seems to have trouble coming up with concrete statistics, we have shown using past published police statistics have shown that the EO was completely ineffective in fighting rising crime. For example, the Malaysian crime index was rising rapidly from 2003 to 2008. At the peak, with the crime rate rose by 34.0% from 2004 to 2007. During this period, the EO was readily available at the Police’s disposal and yet, crime was seemingly unstoppable.

However, despite the EO repeal at the end of 2011, the Police and the Home Ministry were claiming victory in the fight against crime, with the crime index declining by 7.6% in 2012. Hence, based on the above official crime statistics presented by the Police themselves, how can the Home Minister, Dato’ Seri Zahid Hamidi, now claim that the cause of rising crime is almost entirely due to the repeal of the Emergency Ordinance?

With the damning evidence by the AG, we call upon the Home Minister to heed Dato’ Seri Najib Razak’s advice when he announced the repeal of the EO, that “now police must train themselves how to look for evidence.” Instead of just catching suspects and chucking them into EO detention, Dato’ Seri Najib asked the police to now “provide evidence to charge them in court”.

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The DAP CEC Has Decided to Organise Fresh Leadership Elections Under Protest

Further to the statement issued by DAP National Chairman Karpal Singh earlier today, we would like to once again express our regret that the ROS has continued to deny DAP our rights under the law by providing a full and reasonable explanation on its orders for the party to carry out fresh CEC elections. Even not one, but two request to meet the Registrar by the Party Secretary-General, Lim Guan Eng, has been turned down curtly.

Instead, the ROS has besmirch the party with unfounded allegations that we have not been cooperative with the ROS. This is despite the fact that the DAP has complied with every single request and responded to every single query by the ROS within each stipulated period.

The DAP has to date made every attempt to obtain a reasonable explanation from the Registrar on the decision to require the DAP to hold fresh elections for the CEC. As stated previously, we repeat that the ROS has no powers under the Societies Act to demand fresh elections for the DAP and it has stubbornly refused to show us under which law they are able to take such actions.

Not only do they not want to point out which law gives them the powers to demand re-election, they have also most unjustifiably failed to provide any reasons at all as to why a fresh election is required. The only clue given by the ROS in their correspondence is that "some members were not satisfied" with the previous election. The above demonstrates without doubt the degree of unprofessionalism by the ROS in handling the matter.

Such autocratic dictats from the ROS only points to direct political interference by UMNO, and more specifically the Minister of Home Affairs, Datuk Seri Zahid Hamidi.

Under normal and routine circumstances, the DAP would not have hesitated to strike out the ROS order in the courts of law. The Party's lawyers have confirmed that the ROS has absolutely no power to "punish" a party with fresh leadership elections. On the other hand, the law states very clearly under 18C that the "Decision of political party to be final and conclusive".

The law says "the decision of a political party… shall be final and conclusive and such decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such decision."

But where an insidious and wicked political agenda from the ruling political party is involved, these are certainly not normal and routine circumstances. If the ROS can abuse its non-existent powers to demand that DAP hold fresh elections, then certain it will not hesitate to abuse the powers which it has - that is to de-register a political party - if the powers that be deem it politically expedient and necessary.

The DAP CEC has last evening in an emergency meeting decided that we have exhausted all avenues barring a recourse to the Courts to seek justification for, or to reverse the ROS decision. We have also contemplated that any attempts to defy the unlawful ROS order via a judicial review will give "justification" to, and pretext for the ROS to de-register DAP. The Party is fully aware that the BN and ROS are certainly not beneath such unscrupulous actions, despite what the Prime Minister Datuk Seri Najib Razak might want to say about his "political transformation programme".

Hence to protect the gains by the DAP in its struggles over the past 45 years and in the long term interest of the party, the CEC has decided against its will, to proceed with a fresh election of the party leadership to prevent the devastating impact of a de-registration attempt by the ROS.

The decision to do so is in no part a concession to the incredulous accusations made of the DAP party elections such as vote-rigging with 547 phantom delegates, or the failure to notify 753 party delegates. Instead, the decision to hold fresh elections will allow our delegates to prove once-and-for-all that the Party has done absolutely no wrong.

As such, the CEC of 2008-2011 will meet next Thursday to follow through with preparations for the said fresh CEC election.

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DAP Supports AG Against Preventive Detention

Attorney-General Tan Sri Abdul Gani Patail has given his unequivocal opinion yesterday that he “will never agree to preventive detention".

Tan Sri Abdul Gani further stressed that “the existing laws are sufficient to tackle criminals”, and that “it is better to let more guilty people go free than to send the innocent to jail”. He cited laws which included the Security Offences (Special Measures) Act (Sosma), Prevention of Crime Act, the Penal Code, the Criminal Procedure Code and Evidence Act.

The DAP fully welcome the Attorney-General’s position on this matter just as we supported the move by the Prime Minister Dato’ Seri Najib Razak in his move to repeal the Emergency Ordinance (EO) at the end of 2011.

We are fully against the move by the Home Minister, Dato’ Seri Zahid Hamidi to bring back the Emergency Ordinance or laws which involve detention without trial.  The Home Minister has claimed that he has statistics from a recent study on crime which justifies the need to revive the EO, to allow the Police to place suspects under detention without trial for 2 years.

He claimed that according to the study, 90% of organised crimes were carried out by ex-detainees who were released from Simpang Renggam where they were held under the EO.

We have written earlier to dismiss the Minister’s claim as a figment of his imagination and challenged him to produce the report immediately.  We have also shown using the Police’s own statistics that despite the EO, the crime index rose the fastest to its peak in 2008.  At the same time, despite the EO’s repeal at the end of 2011, the Government has insisted that crime rates were down in 2012.

However, even if in the hypothetical scenario that his allegations are true, the solution isn’t about giving the powers to the police to put people into detention without trial but instead to beef up and improve the police force to be able to charge them in court for their crimes.

It is certainly fair for Malaysians to ask, that if the police force isn’t sufficiently competent to investigate and charge a criminal for his offences, then why should we believe that they will be sufficiently competent to send only those who are “guilty” to detention centres without a fair trial?

Therefore, we would like to call upon the Home Minister and the Inspector General of Police (IGP) to accept the Prime Minister’s advice that “now police must train themselves how to look for evidence.”  Instead of just catching suspects and chucking them into EO detention, Dato’ Seri Najib asked the police to now “provide evidence to charge them in court”.

Instead of whining like cry babies losing their pacifiers, the Police must start to lose their dependence on the EO like a crutch.  Instead both the Home Minister and the Police must immediately focus the crime-fighting efforts on the following:

1. Start shifting 22,000 police officers from non-crime-fighting division to crime-fighting duties as recommended by the Tun Dzaiddin 2005 Royal Commission of Inquiry.  This is because less than 9% of the police force are placed in the criminal investigation department.  Instead “internal security force” such as the Federal Reserve Unit, the Light Strike Force and the General Operations Forces forms 31%, while the Administrative, Management and Logistic Units form 40% of the police force.
   
2. The Police force must also reallocate its officers to urban centres.  Currently despite the fact that urban centres are more crime prone than rural areas, the former receives proportionately less allocations than the latter. For example, in Petaling Jaya city, the police to population ratio is 1:470 despite the fact that the national ratio is 1:270.
   
3. The Home Ministry must also support the establishment of the Independent Police Complaints and Misconduct Commission as recommended by the Royal Commission of Inquiry, to help improve the professionalism and effectiveness of the Police force and regain the confidence and trust of the people in the force

With the rejection of the EO by the Attorney-General, we hope that the lobbying for its return by the BN hardliners will end.  Countries such as Hong Kong, Japan, Singapore and the Western countries are able to keep crime at very low levels without unjust laws on preventive detention. We believe that Malaysia can be equal to their achievements as long as our Police force makes crime-fighting their primary objective, and by improving their effectiveness and professionalism.

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Najib, Where Are You?

It has only been 10 weeks since the 13th General Election was concluded, but the Prime Minister, Dato’ Seri Najib Razak who won with a fairly comfortable 44 seat majority in Parliament, appears to have completely lost his bearings.  The Government of the day, instead of seizing the initiative and giving direction to the country, is stumbling and fumbling from one controversy to another.

During the entire election campaign, Dato’ Seri Najib has presented himself as a reformist to all Malaysians, as the man who will make Malaysia the “best democracy in the world”.  However, Dato’ Seri Najib has been unable to put his own house in order with Cabinet Ministers split into 2 factions, one claiming no intent to repeal the Sedition Act, while the other still maintaining that the Cabinet has decided to repeal it.  The most obvious signal that the Act will not be repealed as promised is the fact that it has been used repeatedly over the past 10 weeks to charge political activists.

Then we have found Cabinet Ministers and Barisan Nasional (BN) component parties publicly squabbling over the tabling of the Adminstration of Islamic Law (Federal Territories) Amendment Bill 2013 which allowed for the conversion of an underaged child to a Muslim by a single parent.  This Bill is significant as it is the very first piece of legislation sought to be passed by the BN Government, which sets the tone and agenda for the 13th Parliament. The spat is also serious because the Cabinet has actually “approved” the Bill to be tabled, before the subsequent volte-face which proved to be a major embarrassment for the ruling party.  Throughout the entire heated controversy, the Prime Minister remained silent as a mouse.

While publicly calling for a post-election “national reconciliation”, the Prime Minister has failed to condemn the extremist elements in UMNO and BN, particularly via their mouthpiece, Utusan Malaysia for continuing to spew racist insults against the minorities, and inflammatory comments to incite hatred among the majority Malays.  Instead of defending the right thinking Malaysians such as the CEO of AirAsiaX, Azran Osman who expressed disgust over Utusan’s anti-Chinese stance, Dato’ Seri Najib allowed the unfettered demonisation of Azran as a traitor to the Malays by UMNO’s Members of Parliements.

When there is a crisis of confidence in the Royal Malaysian Police occuring with 10 deaths in custody within just 6 months, while violent crimes have become a norm in the cities, Dato’ Seri Najib has let the debate over the set up of the Independent Police Complaints and Misconduct Commission (IPCMC), as well as the reversal of his earlier reforms such as the repeal of the Emergency Ordinance (EO) rage unchecked.

Dato’ Seri Najib has let his new Minister in the Prime Minister’s Department Datuk Paul Low fumble over the justification of Enforcement Agency Integrity Commission (EAIC) as opposed to the IPCMC.  He has let the new Home Minister, Dato’ Seri Zahid Hamidi go on a rampage in blaming the repeal of the Emergency Ordinance by Dato’ Seri Najib himself, for the apparent rise in crime.

The Prime Minister has called upon Malaysians to give him the mandate to carry out his promised reforms, and yet the reverse seems to be happening with Dato’ Seri Najib quietly conceding to the party hardliners.

And when Transparency International released the latest Global Corruption Barometer (GCB) report which indicated a severe deterioration on the perception of corruption by Malaysians in the country  from 49% in 2011 to 31% in 2013, Dato’ Seri Najib did not make a squeal.  This is despite the fact that the GCB is a Key Performance Indicator for his flagship Reducing Corruption National Key Result Area (NKRA).

He only let his Performance Management and Delivery Unit admit that the Government has not done enough to battle corruption and concede that “radical reforms” are needed. However, there are no “radical reforms” to be seen as measures to improve transparency and accountability such as the public declaration of assets by Ministers, open and competitive tenders for multi-billion ringgit privatisation contracts are rejected outright.

Malaysians are asking, “where is our Prime Minister?” The are beginning to wonder if he has gone into hiding to avoid having to confront the difficult controversies engulfing the country.  The nation is like a rudderless ship crying out for a leader to put his foot down, and yet what Malaysians are getting are fueding first officers in the absence of their captain.

We call upon Datuk Seri Najib Razak to pick up his courage and demonstrate his political will in ensuring that Malaysia remains on the path to reforms and transformation has he has promised.  The problems Malaysians face today will not go away quietly if he were to remain tongue-tied.  Instead he will lose not only the confidence of ordinary Malaysians, but even that of his own political party.

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Show Us Crime Stats Now, Why Wait Till September?

If Home Minister Datuk Seri Zahid Hamidi has proof that former Emergency Ordinance detainess account for 90% of the rise in crime, show Malaysians now.  Why wait until September?

Yesterday, Home Minister Dato’ Seri Ahmad Zahid Hamidi claimed he will present statistics from a recent study on crime in full at the next Parliament session to justify the need to revive the Emergency Ordinance (EO), to allow the Police to place suspects under detention without trial for 2 years.

He said “I obtained the statistics, which were derived empirically, that in Selangor, 90% of organised crimes were carried out by ex-detainees who were released from Simpang Renggam where they were held under the EO. I will present the statistics and the study in the Dewan Rakyat in the coming session, the September session, to prove the need for the EO.”

The perplexing question for us to ask the Home Minister is, if the study is already concluded, and he already have in his possession the study, why does he need to wait 2 months before the report is presented to the Parliament?  Why not present it next week while the Parliament is still in session?  In fact, even if the report isn’t yet presentable next week, he could always call for a press conference and release the results of the study.  There is absolutely no necessity to wait a whole 2 months “to prove the need for the EO”.

However, if you read into Dato’ Seri Zahid’s statement, one can only deduce that it is completely oxymoronic.  If the “study” even exists, then surely for a shocking 90% of the crimes to be identified as being carried out by ex-detainees who were released from Simpang Renggam, these “criminals” would have been identified, arrested, investigated and possibly even charged already.  But if they have been arrested and investigated – and there have been very few reports of such, then how come crime is still rampant and the Police still needs the EO?

Is the Minister trying to tell us that they have identified all the suspects of all the crime incidences over the past year but are unable to arrest and charge them?

In fact if Dato’ Seri Zahid’s allegation that 90% of these crimes were committed by former EO detainees were true, it actually doesn’t “prove the need for the EO”.  On the contrary, it only proved that the police force to be totally incompetent!  The question needs to be asked, that if the Police is indeed so certain of who committed 90% of these crimes, then why can’t they be charged in court and put in jail?  If the Police is unable to charge all of them, surely the Police is able to garner evidence and charge half or even a quarter of them?

However, based on the Home Minister’s argument, the Police are absolutely helpless without the EO to put these “criminals” to jail via our criminal justice system.  Hence the need for the Police to take the easy way out, by becoming the witness, prosecutor and judge to place these “criminals” under detention without trial.

Unlike Dato’ Seri Zahid who seems to have trouble coming up with concrete statistics, we have shown using past published police statistics have shown that the EO was completely ineffective in fighting rising crime. For example, the Malaysian crime index was rising rapidly from 2003 to 2008. At the peak, with the crime rate rose by 34.0% from 2004 to 2007.  During this period, the EO was readily available at the Police’s disposal and yet, crime was seemingly unstoppable.

However, despite the EO repeal at the end of 2011, the Police and the Home Ministry were claiming victory in the fight against crime, with the crime index declining by 7.6% in 2012.  Hence, based on the above official crime statistics presented by the Police themselves, how can the Home Minister, Dato’ Seri Zahid Hamidi, now claim that the cause of rising crime is almost entirely due to the repeal of the Emergency Ordinance?

Therefore, just like Dato’ Seri Zahid’s utter nonsense over the “Red Bean Army” allegedly funded with hundreds of millions of ringgit by the DAP, this so-called study which shows 90% of organised crimes being committed by ex-EO detainees is a complete figment of Zahid’s imagination.  This study does not exist.

We are seriously concerned that the Home Minister is taking advantage of the public fear of rising crime to bring back draconian laws for sinister purposes in Malaysia, instead of focusing on how to improve the professionalism, efficiency and effectiveness of the Police in fighting crime.

We call upon both the IGP and the Home Minister to heed Dato’ Seri Najib Razak’s advice when he announced the repeal of the EO, that “now police must train themselves how to look for evidence.”  Instead of just catching suspects and chucking them into EO detention, Dato’ Seri Najib asked the police to now “provide evidence to charge them in court”.

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Police Says Crime Falling, But Blames EO for Rising Crime?

How can the repeal of Emergency Ordinance (EO) be the cause of rising crime, when our official crime index was at its peak before the EO was repealed?

The repeal of the Emergency Ordinance (EO) at the end of 2011 has been blamed by both the Government and the Royal Malaysian Police as the sole cause of rising crime in Malaysia, particularly in the urban centres.

The repeal of the Act has denied the Police the power to detain “suspects” without trial.  The Police has gone on the record that because they can’t put this criminals away bypassing the criminal justice system, these criminals are hence walking free in our streets to create havoc, resulting in the rising crime rate.

The issue at hand is whether the repeal of the EO is indeed the cause of rising crime, or has it become the convenient whipping boy for the Police to cover up the lack of professionalism and competence in solving crime cases as well as prevent crime incidences?

Despite all the sound and fury, the Police has yet to present a shred of evidence that the recent spate of rising crime is due to “hardened criminals” released from the Simpang Renggam detention centre.  It does not appear that the police has caught anyone involved in the recent spate of armed robberies which points strongly to the repeal of the EO as being the “cause”.

In fact, if we were to study the crime statistics over the past decade, it will actually show that during the years when the EO was in place, crime was still rising aggressively.

As shown in the Chart above, the Malaysian crime index was rising rapidly from 2003 to 2008. At the peak, with the crime rate rose by 34.0% from 2004 to 2007.  During this period, the EO was readily available at the Police’s disposal and yet, crime was seemingly unstoppable.

After the launch of the “Reducing Crime” National Key Result Area (NKRA) in 2009, the official crime index according to the Government has dropped significantly, from 209,417 in 2009 to 157,891 in 2011.  This was attributed under the Government Transformation Plan to greater allocation of resources to patrolling and fighting street crimes.  The “achievement” if true, was never ever attributed by the Police to perhaps, the increased use of the EO to detain alleged criminals without trial.

While we dispute the accuracy and completeness of the Police crime index, the Police has presented that crime levels in 2012 was the lowest in a decade at 145,891 or a decline of 7.6% from 2011.  Most tellingly, the decline of crime, according the police’s own statistics, was achieved despite the fact that the EO was repealed during the year.

Hence, based on the above official crime statistics presented by the Police themselves, how can the Inspector General of Police (IGP), Tan Sri Khalid Abu Bakar and the Home Minister, Dato’ Seri Zahid Hamidi, now claim that the cause of rising crime is almost entirely due to the repeal of the Emergency Ordinance?

We call upon both the IGP and the Home Minister to heed Dato’ Seri Najib Razak’s advice when he announced the repeal of the EO, that “now police must train themselves how to look for evidence.”  Instead of just catching suspects and chucking them into EO detention, Dato’ Seri Najib asked the police to now “provide evidence to charge them in court”.

The focus of the debate to fight rising crime must be on how to improve the professionalism, efficiency and effectiveness of the Police in fighting crime.  It should not be on how new laws to allow for detention without trial can be drafted to overcome police incompetence.

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Home Minister and Inspector General of Police Should Stop Being Crybabies over EO

When the Emergency Ordinance (EO) was repealed in 2011, the Prime Minister Dato’ Seri Najib Razak announced that it had to be done away with as “technological improvements has rendered exile less then useful a deterrent to crime”.

In a speech to civil servants at the Razak School of Government in July 2012, he said that “in the old days, it was easy, if someone was bad, we just catch them and send them to places like Pasir Puteh, or maybe Jerantut.  But nowadays, it is useless as no matter how far you send them, with their cellphones, they can still do their work (commit crime).”

In fact the Prime Minister went so far as to call for the Malaysian police must now change they way they work.  He said that “now police must train themselves how to look for evidence.”  Instead of just catching suspects and chucking them into EO detention, Dato’ Seri Najib asked the police to now provide evidence to charge them in court.

Earlier in April 2012, Dato’ Seri Najib also argued in his speech at the the installation of Sultan of Kedah Tuanku Abdul Halim Mu'adzam Shah as the 14th Yang di-Pertuan Agong that “the Government believes that after more than half a century of practising democracy since Independence, Malaysians have reached a high level of maturity… In view of this, we are now ready to enter a new era where the function of Government is no longer seen as limiting freedom of the individual but, instead, of ensuring that the basic rights as enshrined in the Constitution are protected”.

However, now both the Home Minister, Dato’ Seri Zahid Hamidi and the Inspector General of Police (IGP), Tan Sri Khalid Abu Bakar are telling us that we need a return of the EO, or something similar to the EO with elements of detention without trial, in order to arrest rising crime in the country.

It appears that both Dato’ Seri Zahid Hamidi and Tan Sri Khalid Abu Bakar are telling both the Prime Minister and Malaysians at large that the Royal Malaysian Police, after being “pampered” by the EO for the past 42 years, are completely unable to “look for evidence.. and provide evidence to charge [criminals] in court”.

The Home Ministry appears to be fighting hard to reverse the political reforms put in place by Dato’ Seri Najib, by claiming that the rising rate of crime nationally was due to the lack of preventive laws to tackle these criminals and insiting that “the police must be given enough power” to deal with these “criminals”.

According to a Berita Harian report yesterday, Tan Sri Khalid also said that those who had criticised the police in its crime-busting capability should back this new law.

Malaysians are telling Tan Sri Khalid and all the supporters of the EO that criticising the police in its crime-busing capability is a call for them to improve their efficiency and professionalism.  It is certainly not a call to provide the police with unreasonable powers to detain “suspects” without those accused for crime a day in court.

There have been many case of abuse of the EO in the past where youths in their teens were first detained for 60 days and subsequently banished to Johor, Kedah and Pahang separately for two years, simply for alleged motorcycle theft.  These abuses and injustice occurs because the police force is so short handed in the Criminal Investigation Department (CID), that they banished most of them to various detention centres throughout the country without ever completing their investigations, or collecting the necessary evidence to charge these suspects in a court of law.  The police were in effect, a law unto themselves.

We must never let these incidents of injustice happen again.  The Home Minister have announced that Ministers in the Prime Minister’s Department, Datuk Paul Low and Nancy Shukri will lead in the drafting of the replacement EO Bill.  We call upon both of these Ministers to strongly reject any attempts to insert vague clauses with allows the Police discretionary powers to detain a person for any period of time without a fair trial.

In this case, we strongly endorse the Prime Minister’s call that “the police must now train themselves how to look for evidence… Instead of just catching suspects and chucking them into EO detention”.  The IGP should stop whining incessantly about the inability to throw any suspect he likes into detention and start whipping the Royal Malaysian Police into shape, particularly by undertaking the reforms recommended in the 2005 Tun Dzaiddin Royal Commission of Inquiry Report.

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