Is asking MB about corruption claims in the House a crime?

MP SPEAKS | On 27 November, DAP Senai elected representative, Wong Shu Qi asked in the Johor state assembly whether it was true [what had allegedly been revealed regarding the change of the bumiputera status of a residential plot of land to non-bumiputera in Johor].

Wong said the allegations against Khaled had surfaced in March and were based on witness statements in an investigation by the Malaysian Anti-Corruption Commission (MACC).

As a result of her question, she has not only been thrown out of the state assembly and is in the process of being referred to the rights and privileges committee, but the police have commenced investigation against what she asked.

Firstly, the investigation by the police demonstrates a clear abuse of power on its part by failing to respect the sanctity of the Johor state assembly.

The federal constitution, the highest law of our land, clearly states that assemblypersons are immune with regards to things said in state legislative proceedings. Clause 72(2) of the constitution states that:

“No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.”

The reason for this protection needs no explanation, but for the benefit of our law enforcers: elected representatives must be empowered to state and ask without fear or favour regardless of how scandalous and sensitive the subject matter might be. This process exists to ensure transparency and accountability in national and state administration.

If one can’t even ask questions of our leader’s in the state assembly, then where else can we ask to ensure the righteousness and integrity of our government?

MB above the law?

Are the police of the opinion that the menteri besar of Johor is above the law, to the extent that even questioning his alleged involvement in a corruption case is criminal?

Worse, the police are clearly clutching at straws to investigate and persecute Wong (photo). Wong has purportedly committed an offence under section 203A of the Penal Code provides that anyone who discloses purportedly leaked information to any other person shall be punished with fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both.

The problem here is, what leaked information is illegal? When fraudulent contracts signed by 1MDB with Petrosaudi International and Aabar Investment PJS Limited involving billions of dollars were exposed, does it mean that every person who had written about it – from analysts to politicians to both online and off-line media are all guilty of the above crime?

That would only result in the complete collapse of Malaysia’s natural justice system where the whistleblowers are persecuted while those involved in crimes against the taxpayers get away scot free.

Wong is also investigated under Section 233 of the Communications and Multimedia Act, which refers to “improper use of network facilities or network service, etc”.

The fact that a leaked witness statement relating to the corruption allegations against Mohamed Khaled Nordin might amount to “communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person” is clearly an outrageous abuse of the law.

My question to the police and the Malaysian Anti-Corruption Commission remains the same – have they initiated and commenced investigations against Khaled Nordin based on the very witness statement which is being used to charge another member of the Johor administration for corrupt practices?

If the Johor menteri besar is indeed innocent, let the investigations prove that to be the case and clear Khaled’s name.

However, the fact that no investigation has (apparently) been carried out against the menteri besar, but instead, have been carried out against those who had the courage to question the case even within the protected confines of the state assembly are persecuted, only serve to confirm the suspicions in the minds of the rakyat as to Khaled’s guilt or innocence.

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TONY PUA is Petaling Jaya Utara MP and DAP national publicity secretary.- Mkini