Rahman Dahlan fears Guan Eng will do a Najib, says Ambiga

Abdul Rahman Dahlan's argument on the need for Lim Guan Eng to vacate his Penang chief minister post has merit, said former Bar Council president Ambiga Sreenevasan.

Concurring with the views put forth by the minister in the Prime Minister's Department, she wondered if he had offered the same advice to Prime Minister Najib Abdul Razak as well.

"We would like to know if the minister likewise advised the PM to do the right thing when he was under investigation?" she asked.

However, she stated in this case, as evidenced by the manner in which the chief minister was treated, there must be a caveat.

Abdul Rahman's contention, she added, would be only applicable in a true democracy, where the government itself respected those principles.

"In an ideal democracy, Najib would have behaved differently and would have set the standard. That he did not, shows you the system is broken.

"In fact, what the minister seems to fear is that Lim would do a Najib," she told Malaysiakini.

Abdul Rahman claimed if Lim remained as chief minister, it might put undue pressure on witnesses from the state government testifying in his trial.

He said this to dispute PKR lawmakers Nurul Izzah Anwar and Tian Chua’s argument that since Lim is not in a position of power in the federal government, he would be unable to influence the case.

Meanwhile, Ambiga said the fear of reprisal by a person in charge is something the justice system is familiar with.

"There are so many cases of this nature.

"Unfortunately the fear may not go away if the accused person goes on leave as there is always the fear that he will be acquitted and will return," she added.

Ambiga said it is totally improper for a witness to be tampered with in this way and no employer would get away with that before a court.

"As the employee would be a civil servant he may ask for a transfer although it should not be necessary," she added.

She reiterated the difference between investigation and charge, noting that once an investigation is completed, it is difficult for a witness to change his or her statement without facing consequences.

"But during investigations there is a possibility of that. Therefore once investigations are done then it is difficult for a witness to be interfered with and the system should protect him.

"I understand the points made by the minister and I believe all witnesses should feel safe giving the evidence but I believe there are enough checks and balances in the system.

"Of course in an ideal system where we enjoy a democracy, taking leave is the right thing to do. But as I have said before, this is not the case here and we cannot allow this government who never applied these rules to itself, to create a situation where they can cripple a state government in this way," she added.

Previously, Ambiga had said she would address the issue on whether Lim should step aside from his post pending the outcome of the trial if Najib does the same.

Last week, Lim, who is also DAP secretary-general, was charged under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 and Section 165 of the Penal Code.

Also charged was businesswoman Phang Li Khoon who sold the bungalow to Lim.

The two have claimed trial and are currently out on bail.- Mkini