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10 APRIL 2024

Saturday, July 7, 2012

Yet another nail in Najib’s coffin


 
If Najib allows this to continue then I can only say one thing to him: bye-bye Najib. I hope you enjoy your retirement. Oh, and please tell Rosmah to give back the private jet that she uses for her shopping sprees overseas. And I suppose I should also say: hello Muhyiddin -- unless Pakatan Rakyat wins the next general election, of course. Then it would be: hello Anwar Ibrahim.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
I would like to believe that Prime Minister Najib Tun Razak is sincere, I really would. But that is not an easy thing to do, unfortunately. Actually, this is not about Najib at all. It is more about the MCKK blood flowing through my veins, together with the nicotine from my Cuban cigars, no doubt.
You see, most MCKK Old Boys, me included, of course, always consider Najib’s father, Tun Abdul Razak Hussein, as one of the most illustrious of Old Boys. MCKK Old Boys have this soft spot for Tun Razak and are proud that the Second Prime Minister of Malaysia is a product of MCKK. And that includes me as well, unfortunately. Hence we are also a bit ‘soft’ on Najib merely because of his late father. That may be good or it may be bad but Old Boys have never known to be anything other than ‘loyal’ to fellow Old Boys, unless Old Boys demonstrate disloyalty to MCKK, like some people whom I would not want to mention by name.
I know Tun Razak is not perfect. But then who from amongst us are? It is merely the degree of imperfection that we need to consider. I mean, they say that Tun Razak was a lady’s man, amongst one of his many weaknesses or faults. They also say that this explains Najib’s roaming eyes as well -- it is sort of in the genes. But then is this not also true for most Old Boys? I mean, if women find us MCKK Old Boys enchanting what more can I say? If we have it we have it, if you know what I mean.
Anyway, this latest episode, which you can read about below, does not augur well for Najib. Is this Najib’s doing? If not then who is behind this? Are there certain forces at play, people who are trying to embarrass Najib and make a mockery of his reform programme? This latest episode is like something taken from the pages of a history book about England of the 1500s. It is so, so yesterday.
We now live in the age of information. In case Najib is not aware, we are now in the era of the information revolution. Banning books and arresting people who may have a different religious dogma from you is something that the Protestants did 500 years ago in the ‘war’ between the Church of England and the Vatican. It was all about politics and about who was going to control the vast wealth of the church. That was 500 years ago and is no longer true in today’s England. Malaysia, however, appears to be stuck in the past.
Najib is already perceived as weak and indecisive. He is also perceived as insincere about his reform programme and that all this talk about reforms is just lip service and empty rhetoric. Najib has a lot of work to do to prove that what he is saying is for real. And this book banning and prosecution does not help his case.
Many in Umno are already sharpening their knives. They are just waiting for the next general election to be over so that they can make their move on Najib the way he made his move on Tun Abdullah Ahmad Badawi soon after the last general election. It does not matter whether Barisan Nasional wins the next general election. Unless Najib can win the next general election with a two-thirds majority and win back the four states currently under Pakatan Rakyat control, which may never happen, then Najib is dead meat. He is going to suffer the same fate that Abdullah Badawi suffered.
The only thing that Najib has going for him is the perception that he is a ‘Reform Prime Minister’. Other than that he has nothing more to offer Malaysia. Nothing much has changed. But with this latest fiasco he does not even have that any longer.
Najib has to understand that this is not just about another of the many book-banning that Malaysia appears to love to do. It is not about the government dictating what Malaysians can and cannot read. It is not about controlling the minds of Muslims, which appears to be what religionists like to do, never mind what religion we are talking about. It is about Najib not walking the talk and not doing what he is saying. It is about Najib’s so-called reforms being a farce and about it being business as usual for Malaysia.
If Najib allows this to continue then I can only say one thing to him: bye-bye Najib. I hope you enjoy your retirement. Oh, and please tell Rosmah to give back the private jet that she uses for her shopping sprees overseas. And I suppose I should also say: hello Muhyiddin -- unless Pakatan Rakyat wins the next general election, of course. Then it would be: hello Anwar Ibrahim.
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Malaysia bookstore manager charged over banned book
(AFP, 19 June 2012) - A Malaysian Islamic court on Tuesday charged a bookstore manager with selling a book by a Canadian Muslim lesbian activist that was recently banned in the Southeast Asian country.
Nik Raina Nik Abdul Aziz, who manages the bookstore chain outlet in the capital Kuala Lumpur, is accused of distributing Irshad Manji’s “Allah, Liberty and Love.”
The Home Ministry banned the book last month after it was deemed offensive to Islam, contained “elements that could mislead the public,” and was “detrimental to public order”.
According to Manji’s website, the book “shows all of us how to reconcile faith and freedom in a world seething with repressive dogmas”.
Nik Raina (pic above) faces up to two years in jail and a fine if the Islamic court finds her guilty, her lawyer Rosli Dahlan said. No plea was recorded Tuesday with the next court date set for September 19.
Rosli said Islamic officials raided the store before the book ban was officially announced, and the shop had filed a court case to declare the raid illegal.
Rosli added that Nik Raina had no authority over deciding which books to sell and was being singled out because those in charge of merchandising were ethnic Chinese non-Muslims. Non-Muslims cannot be charged in Islamic courts.
Malaysia has a system of Islamic courts that run parallel to the country’s civil courts and administer civil matters for Muslims who make up some 60 percent of the country’s 28 million people.
Manji launched the book, together with a Malay-language translation, at a hastily arranged event in Kuala Lumpur on May 19 amid criticism by Muslims.
Her previous internationally acclaimed book, “The Trouble with Islam Today”, is already banned in Malaysia. Malaysia frequently bans books, especially those deemed obscene or against Islamic teachings.
But it is rare for Islamic courts to target bookstores.
New York-based Human Rights Watch has called on the government to reverse the book ban, saying it was “old-fashioned state repression” and “cowardly”.
Irshad Manji
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TRANSLATION OF BORDER'S LAWYERS' LETTER

YDH Tuan Pendaftar,
Mahkamah Tinggi Syariah Wilayah Persekutuan,
Kompleks Mahkamah Syariah Wilayah Persekutuan,
No. 71 Jalan Sri Hartamas 1,
Taman Sri Hartamas,
50676 Kuala Lumpur.
(U/P: Pembantu Hakim Dewan Mahkamah Tinggi 6)

YDH Tuan,

DALAM MAHKAMAH TINGGI SYARIAH DI MALAYSIA DI WILAYAH PERSEKUTUAN KUALA LUMPUR
Kes Jenayah Bil. : 14600-111-0025-2012
KETUA PENDAKWA SYARIE ..... PENDAKWA
LAWAN
NIK RAINA BINTI NIK ABDUL AZIZ .... TERTUDUH
We respectfully refer to the above captioned letter from JAWI dated 27 June 2012 addressed to you and copied to us.
2. We note that the Syariah Chief Prosecutor is requesting that the case fixed for mention on 19 September 2012 be recalled to obtain an earlier mention date. The reasons given are as follows:
a)         “the next mention date is too long”; and

b)         “.... in view of the fact that this case involves public interest that requires immediate action towards early disposal. More so, this is to especially provide clarifications to the media dan bloggers who are presently actively discussing this issue which may generally prejudice the conduct and outcome of this case.”
3. We very much regret the request by the Syariah Chief Prosecutor because:
a)          prior to this case being called on 19 June 2012, we had written a letter dated 8 June 2012 to the Syariah Chief Prosecutor requesting a withdrawal and/or a deferment from preferring any prosecution or charge against the Accused;

b)          the Syariah Chief Prosecutor totally ignored our letter dated 8 June 2012. Instead, the Syariah Chief Prosecutor proceeded to institute prosecution;

 c)          on the morning of 19 June 2012, we had requested the Syariah Chief Prosecutor to adjourn the mention and the reading of the charge including during the meeting in the chambers of the Learned Syariah Judge. The matter had to be called in open court because the Syariah Chief Prosecutor refused to consider our request;

 d)          during the proceeding in open court, we made a formal request for the charge not to be read. The Learned Syariah Judge stated that this is a matter within the discretion of the Syariah Chief Prosecutor. Consequently, the Syariah Chief Prosecutor insisted for the prosecution to proceed and for the charge to be read;

e)          upon hearing both sides, the Learned Syariah Judge gave a new mention date on 19 September 2012. This date was agreed upon by both sides and the Syariah Chief Prosecutor did not at that time raise any objections; and

f)                  as such, the request for an earlier date because “the next mention date is too long” is wholly baseless as if imputing blame on the Court whereas the date given by Court was agreed upon by the Syariah Chief Prosecutor.
4. The main reason given by the Syariah Chief Prosecutor for seeking an earlier date also appears to be misconceived for the following reasons:
a)          the main reason has nothing to do with the accused’s innocence or guilt, but rather to use the court as a forum to answer the media and bloggers.  With respect, this is an improper use of the legal process and constitutes an abuse of the process of Court;

b)          it manifests the Syariah Chief Prosecutor’s desire to convert these legal proceedings into a media circus when he stated that the purpose for an early mention date is “to provide answers and clarifications to the media dan blogger”. If so, it is his objective that will in fact “prejudice the conduct and outcome of this case” and prejudice the accused’s right to a fair trial;

c)          the issue before this Honourable Court is whether the accused is innocent or guilty of the offence she has been charged with;

d)          the duty of the prosecution is to fairly and impartially present the facts of this case, and nothing else; and

e)          it would be bordering on prosecutorial misconduct to conduct these legal proceedings with a view, not only to assist the court to arrive at a just decision, but to also rebut statements and critics made by media and bloggers.
5. It is apparent that the adjournment granted by the Learned Syariah Judge is to allow all the legal issues to be ventilated and resolved in the Judicial Review Application that is pending. This will give an opportunity to the Syariah Chief Prosecutor to reconsider this matter and to exercise, where appropriate, the discretion and powers vested in him under s. s.73 and s.103(1) Syariah Criminal Procedure (Federal Territories) Act 1997.
6. Based on the aforestated reasons, we regret that we are not able to accede to the Syariah Chief Prosecutor’s request for an earlier mention date. As such, we request that our objections be brought to the attention of the Learned Syariah Judge for the mention date on 19 September 2012 to be maintained.
Thank you.

c.c. YDH Tuan Ibrahim bin Deris A.M.N
Syariah Chief Prosecutor
Federal Territories
Jabatan Agama Islam Wilayah Persekutuan
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ADDENDUM
 

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