It only takes one conviction to start a precedent

 

The reason no senior politician has been sent to jail, despite being convicted in court, is because no prime minister from Umno-Baru (or any of its clones) wants to start a precedent.

More importantly, if one corrupt politician is sent to jail, others will spill the beans about him and his associates. That is one reason why the convicted criminal, Najib Abdul Razak, is overly confident.

Successive PMs know that their parties and cabinets are so weak that if one element is removed, the whole complex organisational structure will collapse.

Mahiaddin (Muhyiddin) Yassin, for instance, is not bodoh (stupid), but he is practising what is known as "member jaga member".

He knows that if one senior politician is sent to jail for corruption, his peers and possibly himself will be in deep trouble. The rakyat will start to ask difficult questions. Past exposés will be unearthed. Old allegations will resurface. The list is never-ending.

It need not be for corruption. The politician could also be guilty of sexual abuse of a minor, CBT, abuse of power, an expenses scandal, money laundering, or thuggish behaviour.

Currently, Najib roams the countryside like a free man, enjoys police outriders, makes statements as if he is still relevant.

He is alleged to be doing deals with the opposition leader, and is adored by his supporters, who think that he is free because he is innocent.

Around the world, high-profile criminals go to prison and then file their appeals. Why are corrupt Malaysian politicians treated with kid gloves? 

The reason all these politicians are still free is because Muhyiddin, his cabinet and former PMs fear the domino effect from jailing one corrupt politician.

All it takes is one jailing because the rakyat will then ask questions about the other corrupt politicians. Then, there would be nothing to prevent us from sending the other corrupt politicians, their allegedly corrupt spouses, corrupt business associates, corrupt civil servants, corrupt ulama and corrupt police officers to spend the rest of their lives in jail.

If you jailed one, you would probably have to jail every single politician from Umno-Baru, PN, BN, MCA and MIC. We haven't even talked about the East Malaysian politicians.

If one corrupt politician can be jailed, then all the others who have stolen, cheated, or committed some evil, can be imprisoned.

This is the precedent that cannot be set. This is what our PMs fear most.

It is not just about politics. The PM cannot protect the rakyat, and the Ministry of Education cannot even protect our children.

Malaysians may recall news reports of teachers who allegedly raped their pupils or teachers who joked about rape. The complaints of the pupils and parents fell on deaf ears.

Teachers who raped were merely transferred to another school, mostly in a rural location. Why can't the teacher be charged and jailed? Is it because the teaching union is very strong and feels that it must protect its union members? Doesn't the union believe in bringing the case to court to see if a crime has been committed? If the teacher is innocent, he will be set free.

Instead, the ministry will transfer the teacher in the hope that we will forget. We won't!

The unwillingness to prosecute these allegedly criminal teachers casts a dark shadow on the whole teaching profession, and the police are culpable in this perversion of justice.

So, let's imagine what were to happen if one teacher who was guilty of rape was sent to prison, instead of being transferred. Wronged parents and pupils will demand justice and insist that the state punishes all the teachers who allegedly raped their charges, but managed to escape scot-free.

However, teachers continue to be transferred because the PM is aware that he cannot afford to start a precedent.

Politics, education and what else?

There have been several deaths from neglect in tahfiz schools. It is also alleged that some children have been abused, beaten, sodomised or raped. Why have the guardians of Islam in Malaysia not demanded that the alleged rapists be prosecuted?

What if tahfiz school teachers who abused their pupils and beat them for not memorising the Quran was sent to prison? If school heads who failed to have proper fire drills and fire exits in their dormitories were sent to prison for neglecting their duties, the message that is sent to all Malaysians will be clear. More importantly, parents know that their children will be safe in tahfiz schools.

However, no tahfiz teacher or head has been jailed for their dereliction of duty. Why? The authorities fear the precedent that would be set.

One conviction may lead to others being convicted. That is why no heads of specific police stations have been charged for deaths in custody.

Few doctors or surgeons are charged for medical malpractice.

Few transport operators are charged for failing to provide safe methods and practices at work, despite blocks of concrete and cranes injuring or killing people. Similarly, no air traffic controllers or their supervisors have been charged for endangering lives by sleeping on the job.

Few Muslim NGOs or clerics are charged with disturbing the peace when they insult people of other faiths.

Few wardens of orphanages, who are alleged to have sodomised their charges are convicted.

Few ministers are convicted when hundreds of millions of ringgits destined for the purchase of equipment are embezzled.

Until the nation wakes up and demands accountability and proper justice, successive PMs will ensure that no politician, or civil servants are jailed because they do not want to set a dangerous precedent. - Mkini

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MARIAM MOKHTAR is a defender of the truth, the admiral-general of the Green Bean Army and president of the Perak Liberation Organisation (PLO). Blog, Twitter.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.