Monday, July 25, 2016


Akta 355 PAS tidak sah, kata MPM

Majlis Perundingan Melayu (MPM) hari ini memaklumkan Rang Undang-Undang (RUU) Persendirian, RUU 355 yang akan dibawa anggota Parlimen PAS-Marang, Datuk Seri Abdul Hadi Awang kali kedua untuk pertimbangan Dewan Rakyat adalah tidak menjadi keperluan.

Lembaga penasihatnya, Tan Sri Abdul Aziz Rahman berkata ini kerana cadangan pindaan itu sebenarnya tidak sah serta tidak berpelembagaan.

Sebaliknya, tindakan presiden PAS, Datuk Seri Hadi Awang itu disifatkan sebagai satu pembaziran masa dan tenaga. Bahkan Parlimen tidak seharusnya membenarkan ia dibentangkan sama sekali.

US’ civil suits on 1MDB no conspiracy, says Nurul

Nurul IzzahLembah Pantai MP Nurul Izzah Anwar says the civil forfeiture lawsuits filed by the US Department of Justice with regard to 1Malaysia Development Berhad (1MDB) cannot be regarded as part of a conspiracy against the country.
Speaking at an open house event at Lembah Pantai here today, Nurul explained that other countries including Switzerland and Singapore were also investigating the alleged misappropriation of funds from 1MDB.
“If this is indeed a conspiracy then that would mean that the whole world is involved in a conspiracy against Malaysia,” she said.
She added that back in 2011, her father, former Opposition de facto leader Anwar Ibrahim, had warned that 1MDB would throw the country into debt.
“He had already told us that if we fail to uncover the truth about 1MDB, the country would be in great debt and now look at us.”
She said that despite certain parties trying to keep people in the dark about 1MDB, the truth would be revealed one way or another.
She added that it was no longer a question of Prime Minister Najib Razak alone resigning as the entire Cabinet should be held responsible for the 1MDB controversy.
“This is no longer about him (Najib) stepping down. Don’t step down because the whole Cabinet must be held responsible.”
On Wednesday, the US Department of Justice filed a civil action to seize USD1 billion worth of assets allegedly obtained through funds belonging to 1MDB.
1MDB is the government’s investment arm and is wholly-owned by the Finance Ministry, which is headed by Najib as finance minister. There is also a Second Finance Minister holding the portfolio.

‘Civil suit on 1MDB arises from criminal activities’

Selangor Menteri Besar Azmin Ali says the case points to corruption and kleptocracy.
SHAH ALAM: Selangor Menteri Besar Azmin Ali disagrees with those who say that “we should not make a mountain out of a mole hill because the 1MDB matter is merely a civil suit in the US”.
He said it was not just a civil suit. “It points to two key words, viz. corruption and kleptocracy.”
He warned that people would no longer allow the authorities to keep on making excuses to justify the wall of silence over the 1MDB controversy.
The Selangor Menteri Besar was speaking at a forum entitled, “Zooming In – An honest assessment of Freedom of Information in Malaysia”, on Monday at the Bangunan Annex, Selangor Legislative Assembly Building.
Azmin stressed the announcement by the US Department of Justice (DoJ) on the 1MDB controversy was not the usual civil suit.
“It was the culmination of investigations that showed a chain of criminal acts.”
He expressed dismay that the perpetrators specifically named by the DoJ were closely connected with those holding high positions in Malaysia.
“These are the very people who are the greatest stumbling blocks.
“We want greater transparency and freedom of information.”
Azmin said the Official Secrets Act (OSA) was being used to facilitate corruption.
“The law is being used by those in power to shield their wrongdoing from public scrutiny.
“It’s also being used as a weapon of mass oppression.”
The Selangor Menteri Besar took the stand that the people should have been able to put the freedom of information principle to actual use.
“They should be able to set it to the real litmus test.”
He said the public should be entitled to official information.
Freedom of information is a right, not a privilege, he maintained.

Teacher acquitted of leaking UPSR questions

Judge says change from "Kementerian Pelajaran" to “Kementerian Pendidikan” made the teacher’s appointment to handle UPSR papers no longer valid and letter only had a stamped signature.
UPSRKUALA KANGSAR: The Sessions Court here today acquitted and discharged an English Language and Tamil teacher for possession of leaked question papers for the 2014 Ujian Pencapaian Sekolah Rendah (UPSR).
Judge Niran Tan Kran ordered P Uma Mageswari to be freed after finding that the prosecution had failed to establish a prima facie case.
In the judgment, Niran said Uma Mageswari had accepted her appointment as an officer responsible for handling the UPSR question papers on Aug 23, 2011, from the Education Ministry, which was then known as “Kementerian Pelajaran”.
“However, in 2013 the ministry’s name was changed to ‘Kementerian Pendidikan’, hence making the appointment no longer valid.
“Apart from that, the instrument of appointment was not signed by the minister concerned then (2011), which was Muhyiddin Yassin, but only a stamped signature,” he added.
The court also ordered Uma Mageswari’s handphone, which was an exhibit in the case, and bail money of RM3,000, to be returned to her.
Uma Mageswari, 28, was charged with committing the offence by having images of the copies of the UPSR examination papers for the Science subject on her handphone at her school, Sekolah Jenis Kebangsaan Tamil (SJKT) Keruh, Pengkalan Hulu, on Sept 10, 2014.
The charge was made under Section 8(1)(c)(iii) of the Official Secrets Act 1972 (Act 88).
Deputy Public Prosecutor N Jayanthi prosecuted, while Uma Mageswari was represented by lawyers M Kulasegaran and Augustine Anthony.


For 38 months Mahathir has been trying to oust Najib and over the last 20 months he exploited the 1MDB issue in that effort. But then what have we achieved since 2013? Our lives are still miserable and our future is still bleak. And after this long roller coaster ride we are back where we started, which is nowhere.
Raja Petra Kamarudin
The 1MDB issue has been central to most Malaysians’ lives since Tun Dr Mahathir Mohamad first exploded the issue 20 months ago in December 2014. Since then Malaysians eat and sleep 1MDB. I was told that during the recent Hari Raya open houses the subject matter on everyone’s lips was 1MDB — and even more so last weekend since the US Justice Department exploded yet another bomb late last week.
If you look at it through neutral or unbiased lenses, this is proof that Mahathir and his ANC (Anti-Najib Campaign) succeeded in their psy-war and propaganda campaign while Prime Minister Najib Tun Razak’s media team failed badly. One of the reasons why they failed is because Najib’s media team started late and took action only after substantial damage had already been done. Of course, we also cannot rule out elements of internal sabotage.
To make matters worse, whenever anyone attacked or counter-attacked Mahathir, the Special Branch would call them up and tell them to back off. Mahathir is a sacred cow and is not to be whacked. I personally received a call from a senior Special Branch officer and the Deputy Director, Hamid Bador, actually openly whacked me and said some nasty things about me.
So, with the ANC whacking Najib and the Special Branch intimidating all those who whack Mahathir, it was a boxing match where one opponent had to fight with his hands tied behind his back. Of course, in such a situation Mahathir will definitely win while Najib would lose. And Najib’s people failed to act against this until it was too late. Only when Najib’s Boffin Boys stepped in was the matter addressed, but by then it was too late in the game.
Let this be a lesson to the Prime Minister. Never ask a boy to do a man’s job and never assume that just because you think you are on the side of kebenaran (right and truth) then you have nothing to worry about because the truth would eventually be revealed. When under attack always assume you are going to get hurt never mind if you are right and the attackers are wrong.
A good defence team would always explore all possible avenues and routes of attack, plus the timing of that attack. For example, the Germans won almost every battle during WWII but they failed to forecast when and where D-Day would happen even though they expected it to happen. And that cost them the war. Hitler should have read Sun Tzu about knowing your enemy.
What many failed to notice is that the attack on Najib started earlier, 18 months before December 2014 to be exact. But then the issues that Mahathir used did not catch the attention of most Malaysians. Malaysians did not really care about Najib pandering to the Chinese, neglecting the Malay voters, kowtowing to Singapore, refusing to implement the Crooked Bridge, and so on — all the initial ‘crimes’ of Najib.
One reason why these issues did not catch the attention of Malaysians is because they were merely recycled issues. Mahathir had used the same issues against Prime Minister Tun Abdullah Ahmad Badawi back in 2006 in his attempt to oust him. When Mahathir realised that no one was buying these excuses as to why Najib must be ousted, he looked for another issue. And that issue, which Deputy Prime Minister Muhyiddin Yassin brought to him, was 1MDB.
Mahathir was told that the killer issue was the money that was banked into an account that carried Najib’s name. No doubt it was a trustee account and Najib did not personally manage that account, which was the normal practice for Umno since 1988. However, only Umno knows this while most Malaysians would not. Hence the allegation that Najib rather than Umno received that donation would stick.
This was similar to the then Selangor Menteri Besar Harun Idris case. A foreign bank gave Umno a donation but then the money was transferred into a bank account that carried Harun’s name. Even though Harun did not personally handle the money he was still charged for corruption and was sent to jail.
The whole of Umno knew that the money was given to the party and was used for the party’s political activities and that Harun did not even personally receive or handle the money. Nevertheless, the judge still sent him to jail in 1977. And the real reason for finishing off Harun is so that he can be blocked from becoming the next Prime Minister after Tun Hussein Onn, which would have meant that Mahathir would never have become Prime Minister in 1981.
So what Mahathir hoped for was a repeat of the Harun incident. The donation might have been for the party and the money might actually have been used to fund the party’s political activities. However, since the account carried the Prime Minister’s name, and even if he did not manage the money, they can still push for him to be indicted and convicted for corruption.
Anyway, that was what was going on the last thee years since 2013, and the happenings over the last 20 months in particular. And during that time we also saw Anwar Ibrahim getting sent to jail, the Kajang Move, the ouster of Selangor Menteri Besar Khalid Ibrahim, the indictment of Penang Chief Minister Lim Guan Eng, the breakup of Pakatan Rakyat, the formation of PAN, the formation of Pakatan Harapan, the Sarawak state elections, and many more. And we shall soon see the formation of Mahathir’s new party and a new opposition coalition being formed — all in just a mere 38 months or so.
Okay, against that backdrop, what have we achieved? So much turmoil in just three years! But then, at the end of the day, it looks just like the Iran-Iraq War. After nine years of fighting and one million lives lost, neither Iran nor Iraq gained anything. In fact, they lost more than they gained because the cost of that war in terms of lives and money was huge.
So Mahathir has taken us on a three-year campaign against Najib. What has that campaign achieved? Najib is still Prime Minister. Mukhriz is still not Deputy Prime Minister. In fact, Mukhriz is no longer even an Umno member. 1MDB is still there. However, more important than all that, the lives of 30 million Malaysians is still as miserable as it was 38 months ago.
Because all Malaysians were so engrossed and bogged down with 1MDB and were trying to see how the 1MDB issue could be exploited to oust Najib, no one was taking care of the store. The future of our children (and, for me, my grandchildren) is still not guaranteed — because we are all too busy with 1MDB that no one had the time to worry about our children’s and our grandchildren’s future.
Racism and religious intolerance is worse now than it was 50 years ago in 1968, which led to the 13th May 1969 riots.
The education system today is far inferior than it was more than 50 years ago in the 1960s when I was in school — and when a form five student was far superior to a university graduate today and when we spoke better English than an Englishman.
In the past, Malays of all walks of life would party, dance, drink and go the horse races (even the Prime Minister, Ministers and the elite) and no one would care a damn, not even the religious department. Today, our problem is with Malays going to Iraq or Libya to join the Islamic State army.
In the past, the job of the Royal Malaysian Police and the Special Branch was to protect our lives and maintain law and order, plus fight the CTs (Communist Terrorists). Today, their job is to take sides in the Mahathir-Najib battle and help one side in its effort to try to oust the Prime Minister (while in the meantime Malaysians are getting robbed, shot, murdered and kidnapped almost every day and the Chinese underworld runs the police force).
Yes, it is good that Mahathir raised the 1MDB issue 20 months ago. Then everyone can focus on 1MDB and scream, march, demonstrate and riot on the streets to try to topple the Prime Minister. Maybe we can even see the yellow shirts and red shirts clash on the streets and turn the streets red with blood. That would really capture our attention.
With all this excitement no one needs to worry about running the country and none of us will notice how miserable our lives are. And we will not really care how bad our lives are and how bleak our future is just as long as we can use the 1MDB issue to oust the Prime Minister and allow Mahathir and his proxies to take over and make Mukhriz the next Deputy Prime Minister and eventually the Prime Minister.
And once that is achieved we can go back to our miserable lives while the new ruling elite will live a good life and run this country as bad as it has been run since Mahathir took over as Prime Minister 35 years ago in 1981.

1MDB, money-laundering and a tribunal

The response of Malaysian government authorities to the civil suits filed by the US Department of Justice (DOJ) to seize more than US$1 billion (RM 4.02 billion) in assets allegedly linked to 1MDB has been a huge disappointment.
Faced with suits that allege massive embezzlement of funds and one of the worst money-laundering scams in history, cabinet ministers and the attorney-general are determined to absolve ‘Malaysian Official ‘ of any wrongdoing. They are obsessed with preserving, protecting and perpetuating the prime minister’s position whatever the costs and consequences.
It is not just the US attorney-general that has gone public on this shameful attempt to launder perhaps US 3.5 billion (RM 14.07 billion) from a state investment company established ostensibly for the people’s benefit. Singapore authorities have also seized assets worth S$240 million (RM 717.45 million) in an investigation of 1MDB related fund flows for possible money-laundering.
Switzerland is another international financial hub that has begun to take action. 1MDB’s activities between 2009 and 2013 have now been exposed as utterly fraudulent on a global scale.
The government should face up to this reality. As has been proposed by a number of groups and individuals in the last few days, it should set up an independent tribunal comprising men and women of integrity and credibility which will once and for all establish the whole truth about 1MDB and its activities and recommend appropriate action against the wrongdoers.
Apart from individuals with legal expertise, the tribunal should also have members with in-
depth knowledge of the intricacies of money-laundering and money flows in today’s world. It should consist of both Malaysians and non-Malaysians. Cooperation with relevant agencies in the US, Switzerland, Singapore and other countries would be crucial. The tribunal should also have unhindered access to all those linked directly or indirectly to 1MDB and its affiliates.
All the information gathered and analysis undertaken by the auditor-general, Parliament’s Public Accounts Committee, Malaysian Anti-Corruption Commission (MACC), the central bank, the Attorney-General’s Chambers and the police in the last few years should be made available to the tribunal.
Prime Minister Najib Abdul Razak should not have anything to do with the appointment of the proposed tribunal. Since 1MDB is wholly-owned by the Finance Ministry and he is the finance minister and was also the chairperson of 1MDB’s board of advisers, he should keep his distance from the tribunal. Isn’t it also true that right from the outset he was involved in the creation of the company and was, to all intents and purposes, its principal decision-maker?
Besides, in the US Department of Justice’s civil suits he is alluded to as ‘Malaysian Official 1’ 36 times.
Moral ballast
To give moral ballast to the formation of the tribunal and its work, Najib should in fact relinquish his position as prime minister and finance minister until the tribunal presents its findings to the nation. If the tribunal exonerates him, he can always return to his job. I had suggested on July 10, 2015 that to facilitate investigations into 1MDB he should step aside temporarily. The situation has now become a lot worse.
What if the government does not want to initiate a tribunal and Najib is determined to cling on to power? The people could through their members of Parliament try to persuade the speaker to hold an emergency session of Parliament. Both the proposal on a tribunal and the position of Najib could be resolved through a parliamentary vote.
But for the vote to reflect the feelings of the people, the whip should be lifted and members on both sides of the House should be encouraged to vote according to their conscience.
If Parliament fails to act, one hopes the Conference of Rulers which had already expressed its profound concern over 1MDB in October 2015, will assume its moral responsibility to the nation and advice the cabinet to do what is right on both the tribunal and the prime minister. The rulers’ advice will carry much weight.
The rulers, one hopes, will also impress upon everyone that resolving the 1MDB debacle is the nation’s top priority at this point in time. It is a moral issue of tremendous significance and should not be marginalised through inter-party, inter-personal politics and the desire to retain or to attain power. The 1MDB issue is not about ousting or hoisting anyone.
Similarly, legitimate concerns about Islamic State (IS) terrorism and security should not be manipulated to divert attention from 1MDB. The people should not allow ‘a security situation’ to be created which is then used to suppress the truth about 1MDB. There are many instances in history when the elite’s fear of being exposed for corruption or abuse of power has led to the victimisation of justice and the curtailment of freedom.
In this regard, those who are dedicated to espousing integrity through demonstrations and the like must always be cognisant of the danger of their protest being hijacked by others with their own mischievous agenda.
Instead of demonstrating, it is much more important at this stage for more and more groups to speak up. If the voices of concern reach a crescendo, the powers-that-be will not be able to ignore their plea for truth and justice. The alternative media today offer unfettered channels of communication which have not been utilised to the fullest.

A sector of society that has yet to add its moral strength (there have been some isolated
voices here and there) to the struggle for accountability and transparency on 1MDB are established religious personalities from the different faiths. They don’t have to be told that at its root 1MDB is about values that lie at the core of religion, values such as honesty, truthfulness and trustworthiness.
This is why Muslim, Buddhist, Confucianist, Hindu and Christian theologians should take a stand now for what is at stake is the moral character of the nation itself and its future. Is it so difficult to uphold what is right and denounce what is wrong.

DR CHANDRA MUZAFFAR is the chairperson of the board of trustees of Yayasan 1Malaysia. This article is solely Dr Chandra’s opinion. - Mkini

Khalid says no to Bersih 5 rally if it means toppling Najib

The Coalition for Clean and Fair Elections (Bersih) cannot hold Bersih 5 rally if it wants to topple Prime Minister Najib Abdul Razak, said inspector-general of police Khalid Abu Bakar."We will not allow it because there is way to ask the prime minister to step down as stipulated in the law," he said at a press conference in Kuala Lumpur today.

"If they ask the prime minister to step down according to the law, then we can accept it," he said.
If all quarters organised the rally according to the law, then the police would help facilitate it, he added.
He was asked to comment on the possibility of Bersih 5 holding such a rally in the wake of US Department of Justice's (DOJ) civil lawsuits against 1MDB.
[More to follow]