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Thursday, October 15, 2015

Whistleblowers, beware of ‘sabotage’



The more we hear, the worse seems to be the situation. The government of the day must realise that organs like Sarawak Report and the Wall Street Journal hold more credibility than government spokespersons or their mainline media, be it print, radio or television.
This is what happens when we defend the indefensible. Sarawak Report has already alluded to the existence of a charge sheet drafted against the prime minister. Subsequent actions seem to convey the perception that there is some truth to these allegations. Even the recent 1MDB ‘board minutes’ revealed by Sarawak Report have been confirmed as authentic by the 1MDB’s management.
Suddenly all hell breaks out and the so called independent task force established to look into the RM2.6 billion that was deposited into the PM’s account is sent into hibernation. The resulting cabinet reshuffle and the immediate sacking of the then-attorney-general (AG) and the rushed appointment of a new AG all illustrate the unspoken story of hidden hands at work.
What does this say about Malaysia? Those in power continue to act with impunity. In today’s age of electronic messages the impotence of the Official Secrets Act and what whistleblowers are doing indicate that the more the government suppresses truthful information, the more these will be out in the public domain. It is amazing that no action has yet been taken against the powerful person who has received such a large amount in his account!
The outgoing Malaysian Anti-Corruption Commission (MACC) deputy commissioner, Zakaria Jaffar, says, “It so happens that as I am retiring, the MACC is probing a high-profile individual. The officers involved in the case must be supported and be given a warrior spirit booster to face this most difficult battle. We are facing a probe involving the most powerful person in the country,” he said, without naming anyone.
I was once at an Ethics Seminar about a year ago which was also attended by officials from MACC. During question time a participant from MACC lamented that they work so hard and do their utmost and yet only receive only brickbats. The moderator then remarked that it only takes MACC to arrest and prosecute one big fish and the entire credibility and respect for MACC will change overnight.
MACC is now facing such an opportunity. It is time our institutions have the teeth to make a difference. Without the capacity to prosecute, MACC remains indebted to the AG’s Department.
The perception of the AG leaves much to be desired. The former AG is perceived to have been blackmailed into silence as indicated by the former deputy Special Branch chief Abdul Hamid Bador, who indicated that the earlier AG was crystal-clear about prosecution.
The newly-appointed AG, a former Kelantan Umno treasurer, seems to be handpicked ready perhaps to trade in his credibility for loyalty to the party and leader. He has done well to educate us by clarifying that the Security Offences (Special Measures) Act (Sosma) is a procedural law that provides special measures to facilitate investigations for the prosecution of ‘security offences’ and that it is not limited as perceived to ‘terrorism’ or ‘terrorists’.
The AG further declares that the ‘special task force’ has not been abandoned. This must be a relief to all the task force Members. As a result the head of MACC has expressed a desire for the task force heads to meet. If it was not abandoned why was the task force not allowed to continue with its task? This was in the hands of the new AG. Again, statements made which end up ridiculing the public.
Famous for passing bills overnight
I am sure this educates our parliamentarians who are famous for passing bills overnight without any committee deliberations or even realising that the same can be held against them.
This highlights the rubber stamp nature of our legislature. Bills are not forwarded to stakeholders for feedback. They are presented to the Dewan Rakyat and passed after several hours of debate with only the opposition presenting views of concern. So much for ‘Transformation’!
Take heart MACC, Bank Negara has positioned itself and put the nation’s interest above people, personalities and power. Stand up and be counted. Be transparent, candid and include the Malaysian public and we will support your cause for the dignity of the nation. No individual, not even the PM, is above the Rule of Law or the constitution.
This is not to say that there will be no backlash. Times are different from the days of the Mahathir Mohamad era. We have a more open national and global climate. Technology and the online media encourage higher levels of investigative journalism. The cronies will be there and those in power will cling together and hit back.
I suppose we have reached a stage where any opposition to the government can also be described as ‘sabotage’. Beware the opposition!
They have used Sosma in a qualified sense against two individuals. This shows their desperation, a sense of revenge and the power of impunity to use laws and institutions against those championing accountability.
The numbers of those standing up are increasing. We have ex Special Branch deputy Director Abdul Hamid Bador who has taken a clear and unequivocal position. We now also have Umno stalwart Khairuddin and his lawyer Mathias Chang.
On Tuesday they were joined by several elder statesmen and former cabinet members who spoke out about the misuse of Sosma. With the AG’s clarification, Sosma has come to bite Umno itself and stands as a challenge to all who believe in fairness and transparency. Yet the law is the law and it can cut both ways. Congratulations, Barisan Nasional (BN), the law you championed has come to nail you.
So Khairuddin and his lawyer are caught for sabotage against the country by indulging in activities overseas. Perhaps this is extending the imagination of simple folk and the definition of sabotage! Well we will have to see how this can be proved in court beyond reasonable doubt by the prosecution. Perhaps they will end up the same way as the case against The Edgepublications.
So we await the trial to understand the ambit of ‘sabotage’. Meanwhile, the two have to languish in prison. How unfair when those who are sabotaging the credibility and integrity of the nation remain in power. -Mkini

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