It had all the hallmarks of not just a sting operation but an intimidating one, done in a manner to allow the victim to be in remand without legal help for four days, which expires today.
But that’s just one of the issues over the detention of Malaysiakini journalist B Nantha Kumar for allegedly taking RM20,000 in return for not writing two articles. No less than MACC chief commissioner Azam Baki said the reporter was detained for allegedly taking the money from an immigrant agent and not for his articles.
But there are serious questions about this detention and whether the money could have been planted. Why would a reporter, who exposes himself to danger by uncovering corruption in the Immigration Department, suddenly ask for RM20,000 to withhold two articles?
Before his detention, Nantha had been writing articles about corruption in the Immigration Department. On Feb 25, an article he wrote in Malaysiakini said a former Immigration Department officer, who is now a “Datuk”, is the mastermind behind the new Pakistani cartel responsible for smuggling migrant workers into Malaysia.
Big fish untouched
Previously, on Oct 16 last year, he wrote that despite the arrest of 50 immigration officers, the “big fish” still remained untouched, making it impossible for the syndicates to be wiped out.
Following his reports, Malaysiakini handed over the names of “three big fish” to Home Minister Saifuddin Nasution Ismail, at his request. This was done at the Parliament building on Oct 17, 2024. The big fish were nicknamed Tok Yah or Tok Ayah, DK, and Adik, and were given along with the names of seven other individuals accused of involvement.
Of the seven names, four are from the Immigration Department, one from the Tourism, Arts, and Culture Ministry, and another two are MACC officers including one who has passed away. Nothing has transpired about them since, over four months later.
On March 1, 2025, a day after Nantha was detained the previous night, a Friday, Azam said the reporter was not detained for writing the articles but for taking a bribe. Is the word of an immigrant agent so valued that a trap was set to ensnare him?
Questions over the sting
Couldn’t the reporter be trying to set a sting operation to get the agent? And perhaps the agent himself was setting a trap for the reporter. The reporter could have taken an envelope for any number of reasons, including thinking they may be documents, before MACC officers swooped down on him.
The remand itself is questionable. So many people, especially politicians of all shades, colour, and reputation, have been investigated for so many things and for taking much more money but almost all of them have not been remanded.
But here, a reporter who has been writing about immigration crime was remanded for four days on the words of an immigrant agent. Why?
Could not Nantha have been questioned and released and a charge framed against him later if there is evidence, especially since he has been writing against serious criminal activity? What will this do to other reporters and writers covering and commenting upon such activities?
At the time of writing, there is deafening silence among the powers-that-be for his detention and a needless remand. It smacks of victimisation of a reporter who was doing his job and may have been set up by syndicates.
The Najib Abdul Razak administration previously used this tactic to detain people such as Rafizi Ramli, who is currently the economy minister, who was detained, put in lock-up clothes, handcuffed, and a remand order of three days given in 2015.
A picture shows Rafizi, in lock-up clothes, in handcuffs, and barefoot, being taken to his office for investigations - a blatantly clear attempt to discredit and humiliate him, an MP, even before any charges were laid out.
DAP leader Lim Guan Eng actually went to jail in 1998 on a sedition charge for rising to the defence of a girl who was allegedly raped by a politician, leading to a demand by Amnesty International to release him because he was a prisoner of conscience.
PM a victim himself
Prime Minister Anwar Ibrahim was a victim of wrongful and malicious prosecution over many years and trials. He was even given a black eye in 1998 by then inspector general of police Abdul Rahim Noor.
Strangely, Rahim was appointed in September 2018, after Pakatan Harapan came to power, by the Dr Mahathir Mohamad administration as a facilitator for peace talks between southern Thailand’s Muslim rebels and the Thai government.
Surely, as a person who has been through much suffering in wrongful detention, Anwar will not condone such shabby treatment of a journalist who was writing about corrupt practices. What kind of message does that send to his avowed aim of fighting corruption?
Those who fought against corruption and unfairness previously are now silent in the face of an unjustified action against a reporter who wrote about a serious crime - this is unprecedented in Malaysia and requires push back.
The track record of the MACC and the Attorney-General’s Chambers (AGC) in this respect have not been exemplary. MACC has not revealed any action or investigation against the names disclosed by Malaysiakini in the immigration scandal, yet a reporter who wrote about the scandal is detained.
What about the Sabah graft case?
Also, in the well-known exposé of the infamous Sabah corruption scandal with video evidence by Malaysiakini, Azam said the lack of information makes it difficult for MACC to conduct a thorough investigation.
The whistleblower in the case, a businessperson, claimed the videos captured discussions about bribes he offered to several Sabah assemblypersons in exchange for mineral exploration licences.
During the discussions, the assemblypersons, including those with senior portfolios, also implicated Sabah Chief Minister Hajiji Noor in allegedly distributing licences as “gifts” in exchange for support during the state’s 2022 political crisis.
But Azam had no problem accepting the word of an agent to set a trap for Nantha. Surely he could have been much more proactive in terms of taking action against Sabah politicians when there was clear evidence of wrong-doing. It is MACC’s job to dig up the evidence that is necessary to prosecute.
Regarding the AGC, it is only necessary to point to the multiple discharge not amounting to acquittals (DNAAs) given to people who have strong political influence, including the deputy prime minister, making a mockery of the administration of justice.
The mark of an oppressive regime is excessive use of force against those who are whistleblowers and those who work to expose corrupt practices at all levels across all sectors. Are we going back to those bad days, which we thought we had left behind? - Mkini
P GUNASEGARAM says we need to worry when unwarranted strong action is taken against those who oppose corrupt and criminal practices.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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