Is Tommy Thomas Really A Reforming AG Or Is He Selective And Discriminatory In His Actions?

Since Tun Dr Mahathir Mohamad pushed the 1993 Bill through Parliament, His Majesty the Agong’s assent and signature are no longer required before Parliament Bills become law. That may be so for most Bills. But when it comes to matters concerning the Malays, the Malay language, and Islam, the Majlis Raja-Raja cannot be by-passed, contrary to what most people think.

THE CORRIDORS OF POWER 

Raja Petra Kamarudin

The Federal Court was severely criticised when it recently declined to rule on whether the extension of service of the Chief Justice of Malaysia, Md Raus Shariff, and the Chief Judge of Malaya, Zulkifli Ahmad Makinudin, were in violation of the Federal Constitution of Malaysia and illegal.

Federal Court judge Justice Zainun Ali, who more recently was applauded for various brave judgements, received brickbats for ruling that the issue was purely academic, as these two top judges had resigned their positions and thus a ruling was no longer necessary. (READ MORE HERE: Chief Justice Raus and Court of Appeal president Zulkefli resign).

Malaysians, especially the legal fraternity, considered that the Federal Court was shirking its duty by avoiding to answer a very important legal question that would have provided clarity. That, after all, is what Malaysia Baru or New Malaysia is all about — applying the rule of law to reinforce the institutions of government so that such blatant abuses will never be repeated again.

Many people had great hopes for the New Malaysia in the aftermath of GE14 on 9th May 2018. Perhaps the decision of the Federal Court cannot be blamed totally on the Pakatan Harapan ‘Reform’ Government as they are separate arms. But there have also been questionable decisions by the self-proclaimed new ‘reforming’ Attorney-General, Tommy Thomas.

The withdrawal of the Lim Guan Eng corruption charge was greeted with shock by the MACC. This was clearly a political decision, and probably done due to instructions from the top (arahan dari atas), as usual. Hence, while AG Tommy pontificated his justification, the public began to question if the new Pakatan Harapan government is any different from the old Barisan Nasional government.

The question hanging over AG Tommy’s head is whether he is coloured by his race and religion to be able to deliver fair and impartial advices to the government and whether he can protect all government institutions while seeking to reform them.

One of the issues related to race and religion is PAS President Abdul Hadi Awang’s Private Member’s Bill, a.k.a. RUU355. This Bill was so controversial that DAP reacted by closing down Pakatan Rakyat and forming a new coalition called Pakatan Harapan minus PAS. Basically, this was a ‘back-door’ way of kicking PAS out of the coalition as punishment for tabling the RUU355.

The RUU355 was a hot issue just before GE14 when Speaker Pandikar Amin Mulia allowed Hadi’s motion to be tabled. Tawfik Tun Dr Ismail then filed a legal suit to stop Hadi’s motion and RUU355 and sought to declare that laws touching on Islam must have the prior consent of the Conference of Rulers or Majlis Raja-Raja under Article 38 of the Federal Constitution of Malaysia.

After GE14, Tawfik’s lawyer, Mansor Saat, wrote to AG Tommy to request a meeting since the new Speaker has agreed that Article 38 Federal Constitution must be followed before such laws can be tabled (SEE LINK BELOW). Mansor wanted AG Tommy to help clarify and reinforce this point of law so that the Majlis Raja-Raja is given due deference in the legislative process and not treated like a rubber-stamp.

In an arrogant reply (SEE LINK BELOW), AG Tommy declined to have a meeting and said that the issue is academic — exactly how the Federal Court avoided answering the constitutionality of the extension of service of Raus and Zulkifli.

AG Tommy then directed the AGC to inform the High Court (SEE LINK BELOW) that the AGC will raise a preliminary objection so that this issue need not be heard by the High Court on Tuesday, 2nd October 2018. In short, AG Tommy is not interested in clarifying and reinforcing the position of the Majlis Raja-Raja under Article 38 that they must be consulted before the tabling of such laws in Parliament.

Lawyer Mansor Saat put it very aptly — “How can the AG say this is academic whereas the case is more than just about Hadi’s Motion? The Preliminary Objection by the AG is misconceived as it presupposes that the OS is solely on Hadi’s Motion. That is not the case. The reliefs sought are beyond just Hadi’s Motion. We have framed the following issues to be dealt with by the Court:

a) Conformity to the Standing Orders and the Federal Constitution;

b) Conformity to prerequisites for tabling of laws on Islam;

c) Conformity to Art. 38 Federal Constitution on rights of the Rulers and the Conference of Rulers;

d) Conformity to Art. 8 (1), 8 (2), and 8 (3) Federal Constitution and section 2 Penal Code on equality before the law and non-discrimination; and

e) The Speaker’s duty, oath and allegiance to preserve, protect and defend the Federal Constitution and not to abuse Parliament for tabling illegal laws.

This case shows that AG Tommy is incapable and not interested in defending the constitutional position of the Rulers and the Majlis Raja-Raja. Is this how a self-proclaimed reforming AG should behave, i.e., being selective in his advices to the governent?

As it is, AG Tommy has already attracted controversy the day his appointment as AG was announced. Muslims were worried that he would not be able to, or would not want to, protect the position of Islam.

Many in Pakatan Harapan argue that Malaysia is a secular country with Islam as the official religion. That is not so. Islam is not the official religion of Malaysia but THE RELIGION OF THE FEDERATION. In English, the use of THE means it is solitary or the only one, such as when people say ‘the Tunku’. ‘The Tunku’ means only one person, Tunku Abdul Rahman and not any other Tunku.

Matters concerning Malay customs and traditions, the Malay language, and Islam, require the consent of the Majlis Raja-Raja before Parliament can ‘touch’ them. While most countries have three branches of government (the executive, the legislature and the judiciary), Malaysia has four (the monarchy being that fourth).

Since Tun Dr Mahathir Mohamad pushed the 1993 Bill through Parliament, His Majesty the Agong’s assent and signature are no longer required before Parliament Bills become law. That may be so for most Bills. But when it comes to matters concerning the Malays, the Malay language, and Islam, the Majlis Raja-Raja cannot be by-passed, contrary to what most people think.

By treating the Majlis Raja-Raja as a rubber-stamp, in essence Pakatan Harapan is declaring that Malaysia is a Secular Republic.

Making A Turban Mountain Out Of A Wisecrack Molehill

MM Online - Blogger’s racist attack against Amar Singh invites hate against Sikhs, council says (extracts):

KUALA LUMPUR, Sept 30 — The Malaysian Gurdwaras Council has condemned controversial blogger Raja Petra Kamaruddin’s remarks against veteran policeman Comm Datuk Seri Amar Singh as derogatory and racist.

Its president Jagir Singh also said the remarks towards the Bukit Aman Commercial Crime Investigation Department (CCID) directorare also likely to create hate and disrespect towards the Sikh community in Malaysia.

“The turban to a Sikh is an article of faith that represents honour, self-respect, courage, self-confidence, spirituality and piety,” he said in a statement.

Jagir said the turban is also a reminder to every Sikh of his duty and responsibility to uphold truth and justice at all times.

Last Friday Amar criticised Raja Petra for alleging RM43.3 million had been stolen by the police following the raids on former prime minister Datuk Seri Najib Razak’s premises in May, calling it “baseless and simply ludicrous”.

The blogger responded with a vicious attack on Amar’s turban, prompting Amar to express his surprise over the retort.

This is sheer over-the-top and unnecessary fanning of a wee campfire into a raging conflagration. I am disappointed that the Malaysian Gurdwaras Council is making a turban mountain out of RPK's cheeky molehill response to Amar Singh's warning-threat to him.

RPK did blog on the disparity between police and Najib's numbers in the amount of cash taken away from Najib's residences by police for investigation. There was then a war of words between the two, with the police commissioner describing RPK as not a investigative reporter but a mercenary writer.

Earlier, Amar Singh did warn RPK about his post - NSTreported:

Amar Singh has challenged blogger, Raja Petra Kamarudin, to be brave and come forward to lodge a police report in Malaysia if he has credible information that police had stolen RM43.3million believed to belong to Umno.

“I will not pay heed to such a writer. RPK claims to be an investigative journalist, but looks very far from that.

“This is a frivolous and vexatious accusation against the police and I will not stay quiet against such an accusation.

“This is a baseless accusation. If he has such information on him, please lodge a police report in Malaysia, and don’t hide behind the cyber curtain.

“So, I am urging him to be brave. Action will be taken against him if the report is proven false,”

What RPK then wrote was "Amar Singh Ishar Singh’s turban must be too tight that it is restricting the flow of blood to his brain".

RPK was cheekily referring to the possibility of poor flow of blood to Amar Singh's brain, thus making the policeman's thinking naive in calling him (RPK) 'mercenary writer'. RPK retorted: Everyone is a mercenary, Amar Singh included. We all work for money, every single human being in this world. Even Mother Teresa needed money, plenty of money, to do what she did. What, did you think Mother Teresa just raised her hands to the sky and prayed to God for help and bread dropped from the sky?

RPK's line above, namely, "Amar Singh Ishar Singh’s turban must be too tight that it is restricting the flow of blood to his brain" plus his following clarification have nothing to do with the subject of Sikh turban per se, but rather, Amar Singh's reasoning powers.

As I mentioned earlier, Amar Singh obviously has (a) ultra sensitive feelings and (b) no sense of humour, perhaps indirectly proving RPK's point. His accusation of RPK being racist in this instance has been pathetic and irrelevant, especially after his determined resolve not to pay any heed to such a writer.

And the Malaysian Gurdwaras Council has definitely gone over board by commenting that RPK's line has been "vicious" and also likely to create hate and disrespect towards the Sikh community in Malaysia.

That has been just plain silly and really, nonsensically making a turban mountain out of a wisecrack molehill.

Saying "Amar Singh's turban must be too tight" in that contextwas equivalent to saying "Singh has his knickers in a knot".

It means specifically "to become overly upset or emotional over something, especially that which is unimportant" as per the Police Director of the Commercial Crime Investigation Department challenging/warning/threatening an overseas unofficial/private blogger for his speculative post.

But ooops, I might have unwittingly offended another of Amar Singh's 'Sikh sacred issue', namely the Kaccha (cotton underwear) - no offence intended. Please blame it on the English for their politically incorrect idiom.

kaccha 

Apart from being disappointed with the Malaysian Gurdwaras Council for ratcheting up a silly issue when it should be cooling down the unnecessary acrimonious exchanges of words, I opine that Amar Singh and the Council members should be geographicists with their common propensity to "make mountains out of molehills". Wakakaka.

It Is Time Hate Speech Is Criminalised

Yes, it is time that hate speech is criminalised and offenders arrested and charged. For too long Malays and Muslims have had to endure all sorts of hate speech from the non-Malays and non-Muslims.

NO HOLDS BARRED

Raja Petra Kamarudin

Gobind Singh Deo wants to criminalise hate speech, which is good. Basically, hate speech is anything you say or write that attacks a person or group of people. It could be regarding that person’s religion, race, gender, sexual orientation, political affiliation, etc.

Of late, we have seen non-stop attacks on Najib Tun Razak and/or Rosmah Mansor. They call Najib a thief, kleptocrat, pirate, and much more. This hate speech should be criminalised and those people who attack Najib should be arrested and charged. After all, Najib has not been convicted of any crime like Anwar Ibrahim has — three times.

Many Malaysians also attack the Islamic Sharia laws, Hudud included. They call these laws barbaric and say only stupid people would want laws from the middle ages. This triggers hate towards Islam, the Qur’an, Prophet Muhammad, the Sharia, and Hudud. It also insinuates that Muslims, or Muslims who believe in Islamic laws, are extremists and morons.

There are those who attack the Raja-Raja Melayu, which upsets the Malays and Muslims

Then there are people who insist that Malaysia is a secular country and not an Islamic country. This upsets many Muslims who consider Malaysia an Islamic country and regard Islam as the religion of the Federation.

So those who say Malaysia is a secular country (or say Islam can only be implemented over his dead body) should be arrested and charged for this hate speech because what they are saying upsets the Malays and Muslims.

The same goes for the monarchy or Raja-Raja Melayu. Malays and Muslims get upset when the Raja-Raja Melayu are attacked and when those who attack them say that Malaysia should be turned into republic. The rulers are heads of Islam so attacking the rulers mean attacking Islam. Hence this is clearly hate speech.

Umno members are vilified like they are pariahs, which is undoubtedly hate speech

And calling Malays ‘rent-seekers’, can only survive with the NEP ‘crutch’, would still be living in trees if not because of the Chinese, and so on, is undoubtedly hate speech. This suggests that Malays are a useless race that constantly needs to be bribed with what Tun Dr Mahathir Mohamad calls ‘dedak’.

Yes, it is time that hate speech is criminalised and offenders arrested and charged. For too long Malays and Muslims have had to endure all sorts of hate speech from the non-Malays and non-Muslims.

Even if you are just an Umno or PAS member is enough to get the non-Malays and non-Muslims to vilify you even if you have done nothing to them. To these non-Malays and non-Muslims, being an Umno or PAS members is lower than being a pariah. And if that is not hate speech then I do not know what is.

Hadi asks Anwar: Why not contest in Muslim-majority area?

PD POLLS | PAS president Abdul Hadi Awang has taken a jab at Pakatan Harapan’s Port Dickson candidate Anwar Ibrahim by questioning why Anwar did not contest in a Muslim-majority seat.

“Why isn’t he brave enough to contest in an area with a Muslim-majority?” Hadi asked at his ceramah session in Teluk Kemang, Port Dickson, last night.

He was speaking at PAS’ first ceramah perdana in the Port Dickson by-election, which officially started last Saturday, Sept 29, after the nomination process in the morning.

Port Dickson has 43 percent Malay voters, while the Chinese and Indian voters make up 33 percent and 22 percent respectively.

Hadi also criticised Anwar for being “inconsistent”, saying that the PKR president-elect takes on different behaviours when he is with different communities.

When Anwar is at a mosque, he shows off the more religious side of him, whereas when he is with the Indian community, he dances an Indian dance, Hadi said as examples of Anwar’s “inconsistencies”.

“We have our own culture. The Tamil community will respect us if we take a stand,” he said.

In his speech earlier, the Marang MP had also slammed the by-election itself, which was triggered when Port Dickson incumbent MP Danyal Balagopal Abdullah vacated the seat to make way for Anwar.

Hadi said this by-election was “extraordinary” because it was engineered for someone who “wants to become the prime minister of Malaysia”.

“Is it reasonable that only Port Dickson residents get to vote for the future prime minister to lead the whole of Malaysia?” he questioned.

Pakatan Harapan promised in its GE14 election manifesto that Anwar would succeed Prime Minister Dr Mahathir Mohamad within two years of the coalition taking over Putrajaya. - Mkini

Yoursay: Yeoh not the only one to switch allegiance in New Malaysia

YOURSAY | ‘As the saying goes, there are no permanent friends or enemies, only permanent interests.’

Michelle Yeoh branded 'cheap opportunist' over Whale movie deal

True Malaysian: Yes, where is the integrity and principle? If actress Michelle Yeoh’s movie on 1MDB comes out, I for one won't be watching it.

I will watch the one from Sarawak Report. Its editor Clare Rewcastle-Brown stood with the Malaysian people and helped to bring down BN. We are indebted to her.

For Yeoh, I feel she should apologise to the Malaysian people for her ardent support of Malaysian Official 1 (MO1).

Yeoh will always be unwelcome in new Malaysia. It’s better for her to stay put in Hollywood.

Don’t Just Talk: You are right, Centre to Combat Corruption and Cronyism (C4) executive director Cynthia Gabriel - that supporting the kleptocratic government under former premier Najib Abdul Razak and now wanting to capitalise on the 1MDB scandal by co-producing the ‘Billion Dollar Whale’ movie is nothing but an opportunistic move by Yeoh.

She should be the last Malaysian to even think of profiting from the 1MDB scandal from the manner she defended Najib during the 2013 general election.

Anonymous_c9b96c38: I totally agree. Read this, Yeoh. You have the right to openly express your support for Najib and his corrupt regime, which has caused us years of financial misery.

We have the right to openly express our anger towards you for trying to make money and gain fame from our struggle to successfully break away from the shackles of the past corrupt regime which you openly supported.

You have the right to make the movie. But all true Malaysians will boycott it.

Anonymous 7478653098613829: Those people mentioned are just fair-weathered folks who like to rub shoulders with the rich and famous, just to get some advantages.

They can gush and swoon over the VIPs without feeling any shame and they totally neglect the reality - in this case, the wrongdoings committed by the ex-prime minister and the sufferings by the ordinary people.

And, in the blink of an eye, these people can turn around and adopt a vastly different stance without a tinge of embarrassment. They are survivors but one without principles. They deserve our disdain and contempt.

JD Lovrenciear: I cannot, absolutely cannot, disagree with Cynthia. You hit the nail on the head and I must say without compromise that this silver screen actress has lost her pride and place in a society that aspires to make Malaysia great.

Anonymous_1527730584: Perhaps she realised that she had been wrong in the past.

Our ex-prime minister was a good showman and had fooled so many people. Until today, there are party members who are still loyal.

So if she wants to take the risk to make the film, let it be.

Prudent: Yeoh is an opportunist alright. But "cheap"? I don't think so.

Her partner is rumoured to be worth billions of dollars, and with good Hollywood contacts and influence to boot.

Besides, Michelle has always not been afraid to call herself a Malaysian. She even helped put Pulau Langkawi on the world map for tourists.

She is an opportunist alright, but she also looks out for Malaysia's interests. So please do not call her "cheap" with its derogatory connotations.

Anonymous_afc357a0: Actually, Yeoh is not the only one switching alliances. All BN-controlled media did a 180-degree turn, and Umno members are quitting the party.

It is normal. As the saying goes, “There are no permanent friends or enemies, only permanent interests.”

I.AM.Malaysian: In a healthy democracy, no one should be sidelined for showing their political support.

Do you treat your friend differently if they voted for the other political party if your friend is a good person?

Think about it. After all, we fought so hard for a fair and just Malaysia. Don't be the monster we just got rid of.

Michelle Yeoh to co-produce Billion Dollar Whale film

Vijay47: Wow! Yeoh, the celebrity klieg light of Malaysia, our star on the silver screen, truly the greatest actress ever.

Yours is the artistic calibre that would make Jerry Bruckheimer, Quentin Tarantino, and George Lucas bang down your door to get you to sign on.

Heck, even Run Run Shaw would have loved to have you in his stable of actors. Yes, Madam, you are no more the crouching tiger but the hidden dragon.

Just a short while ago, you couldn't gush glowingly enough about the lord of your universe, Najib, or be seen often enough with him. He was omnipotent, even infallible like the Pope.

But the moment he fell from grace, you rush to make a movie where he no doubt will be revealed as villain, scoundrel, and of course, another crazy rich Asian. The world learns that Brutus had a sister.

Anonymous_f37de788: I will boycott this movie simply because it is being co-produced by a person who supported a corrupt party which nearly destroyed our country. That person doesn’t deserve my money.

Anonymous 350791436750385: Cut Yeoh some slack. She is, after all, just an actress and was probably fooled like a lot of other people by Najib and businessperson Jho Low.

I think it is good that she takes up this project and hopefully make it into another success. She has brought a lot of attention to this part of the world.

Rippoh2016: Personally, I don't care whether you are pro-BN or not. That is your right.

However, in good conscience, you should donate part of the proceeds to Tabung Harapan. After all, you are profiting from Malaysia's story. - Mkini

Equanimity promise only half-fulfilled to maintain its worth

Finance Minister Lim Guan Eng said he could only fulfil half his promise on the luxury yacht Equanimity, in order to maintain its worth when the government sells it off.

"I have never owned a yacht before, so I didn't know that when you show it off, the price drops by more than half... because they (potential buyers) want exclusivity.

"So please understand. I fulfilled half the promise, I got the yacht back," Lim said in an interview with Malaysiakini at his office in Putrajaya last week.

It was reported before the 14th general election that Lim had promised to get the Equanimity back and let Penangites visit the RM1 billion yacht if Pakatan Harapan captured Putrajaya.

Several months after Harapan formed the federal government in May, the Equanimity was returned to Malaysia from Indonesia on Aug 7.

However, the yacht, which purportedly belongs to fugitive financier Jho Low, has been kept off-limits to the public.

As it is currently under the jurisdiction of the High Court in Kuala Lumpur, one would need to acquire a court order to be allowed onto the vessel.

Prime Minister Dr Mahathir Mohamad, who visited the Equanimity on Aug 11, also said the government has no plans to open it up for public viewing as it intends to sell the vessel off eventually.

The superyacht has to be kept in good condition for it to be sold, and inviting "hundreds of people" to view the yacht may damage it, Mahathir said.

"Also, it will give a very bad impression and buyers may not want to buy a ship that is exhibited like that, so we cannot allow the public to view the yacht," he had said after his visit.

The Equanimity was first seized by Indonesian authorities on Feb 28.

The yacht has since been the subject of a legal battle between the US Department of Justice (DOJ) and the yacht's registered owner Equanimity (Cayman) Ltd. The firm is allegedly owned by Low through intermediaries.

The DOJ's suit to seize the yacht is one of 30 civil forfeiture suits the agency has filed to seize properties allegedly bought through funds misappropriated from 1MDB, which had been channelled through the US financial system.

Following the legal tussle between the US and Equanimity (Cayman) Ltd, Indonesia had the yacht brought to the Batam Free Trade Zone where it was handed over to Malaysian authorities on Aug 6.

The Equanimity arrived in Port Klang on the following day, Aug 7. -Mkini

Despite boycott, MIC members campaign for Isa Samad in PD

PD POLLS | Several MIC members have been campaigning for the former Negeri Sembilan menteri besar Mohd Isa Samad in his bid as an independent candidate in the Port Dickson by-election.

This is despite the party’s decision not to take part in the by-election.

According to one MIC member campaigning for Isa in the Bagan Pinang state constituency, the party members are doing so in their personal capacity.

“We are not campaigning using the MIC logo or wearing BN or MIC shirts. We are campaigning on our own capacity,” the campaigner told Malaysiakini.

“We are also not violating the leadership’s decision because we are campaigning for an independent candidate instead of Umno,” added the campaigner who declined to be named.

Previously, MIC president SA Vigneswaran said his party will not be contesting in the Port Dickson by-election although the seat was traditionally contested by MIC since 1974.

Vigneswaran, who is also the Dewan Negara president, said MIC was boycotting the by-election out of disappointment towards Umno’s decision to unilaterally announce that BN will not be contesting in the by-election, without consulting its component parties MIC and MCA.

A MIC branch chief from Port Dickson said that he, as a Port Dickson voter, has the right to campaign and support the candidate of his choice.

“We respect the leadership’s decision. At the same time, we too have the freedom to choose our candidate,” he said.

He added that the majority of MIC members were campaigning for Isa out of loyalty towards him as the former Bagan Pinang assemblyperson.

“He helped us a lot when he was the assemblyperson. So, we will return the favour this time around. Our hope is to rally the support of Indian voters towards Isa rather than the PKR candidate Anwar Ibrahim,” he said.

He said their goal is to get a least half of the Indian Malaysian voters to vote for Isa. There are 2,199 ethnic Indian voters in the Bagan Pinang state constituency alone.

Meanwhile, former Port Dickson (then known as Teluk Kemang) MIC division chief R Balakrishnan admitted that some MIC members had been campaigning for Isa.

“I have heard there are MIC people campaigning for Isa, but I could not identify who they are,” he said when contacted.

“I do not wish to comment. It is up to the leadership to take any action against them. Whatever the leadership’s decision is, we will carry it out,” Balakrishnan added.

Isa and Anwar are among the seven candidates vying for the Port Dickson parliamentary seat.

Apart from PAS candidate Mohd Nazari Mokhtar, there are four other independent candidates: Lay Seck Yan, Stevie Chan, Kee Chee Yuen, and Anwar’s former aide Mohd Saiful Bukhari Azlan.

There are 75,211 eligible voters in the constituency. Polling day is Oct 13. -Mkini