Tag: Najib Tun Razak

Anwar Ibrahim’s fate in his hands


He’s the judge in the sodomy trial of Anwar Ibrahim.

Mohamad Zabidin Mohd Diah was only made a judge in 2006. He did his law in University Malaya. He’ll (ostensibly) affect the outcome of Malaysian politics.

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Telling moments


A mate of mine in church was back in Melbourne after his holidays in Malaysia and we caught up yesterday. He’s a politics buff so we spoke about it a bit.

Today’s an important day for Malaysian politics. The absolute farce that has been Anwar Ibrahim’s sodomy trial (Mark II) has turned me off Malaysian politics completely and I have not been following it for a while now. The verdict is due out today and although his defence lawyer Karpal Singh remains confident of an acquittal many in Malaysia are expecting him to go to jail, again.

Najib Razak and his regime has been a putrid joke on Malaysia and the tragedy is that there is nothing in sight that would suggest Malaysia will be able to crawl out of this Aegean’s stable, anytime soon.

Anwar Ibrahim unfortunately, was part of the problem and his current mob was also from the old fold. Even is the next general elections in Malaysia brings about a new government, there is no real prospect for change for the better.

On the home front…

Tress took part of the arvo off on Friday to be at Docklands for her parents’ farewell dinner, on time. So when I got home she was already home. She was sitting on the couch with Kiddo.

I walked in and realised a bit of a momentous occasion was unfolding. I saw a letter from the UAC with an early offer for Kiddo to do the Philosophy Bachelor (PhB) course at the Australian National University. I was very happy for her but knew instantly that it would mean she would indeed leave home very soon.

Chances are she would also secure an offer to do the Arts/Law (BA/LLB) course in Monash University but it is very unlikely she would prefer this course to the ANU PhB one.
We have about 4 – 5 weeks to plan whatever she needs and then it would be just Tress and I here in Melbourne. I need to think about what I want to do with my time here…

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KLSE – Peter Pan qualities


Someone sent me an email on the Malaysian equity market which appears to be as infantile as it was the last time I had anything to do with it. The name Harvest Court Industries struck a chord and I had to dig around in my memory bank before realising it was a company close to home. A distant relative started it – the Ng family in KLang – and an early professional mentor – Mr SS Muker – was on the board of the company.

News about a Sabah based company proposed takeover of Harvest Court Industries caused the share price to surge. It took 2 seconds to guess the cause – a politician (in power) was linked to it. This time it was the second son of the sorry Malaysian Prime Minister, with the unfortunate name of Nazi-fuddin. Nazifuddin was on the board of the Sabah company and I guess it was expected he would be on the Board of Harvest Court Industries. This was enough to cause the share price to surge.

The mickey mouse behaviour of the Malaysian equity market is a bit like Peter Pan. It never grows up. Even when a leprous name like that of Najib Razak is associated with the company, there was positive price movement. Beggars belief.

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Gillard and Najib Again


Did I say Julia Gillard is looking more like Najib Razak everyday? Here’s another example.

The Rural Development Fund of Australia has been funneled overwhelmingly to Labor constituencies. Over 70% of the $200million kitty has gone to Labor areas. Pork barreling is no strange deed in politics I guess and the Howard Government was also know to have done this, but I guess, this thread of parallels between these two governments are all too appalling clear to me.

Somehow I find myself switching off anything with Julia Gillard on. This morning in the gym, I was watching the Today Show on the treadmill as always, and the PM was on for almost 10 minutes. I had to switch to Seven’s Sunrise, much to my chagrin, that entire slot. I kept switching back to Nine’s Today and the PM was going on and on without giving any clear or honest answers.

I think her attempts to pin the asylum seeker farce on the Coalition is just shameless. It was all Rudd’s doing and in this matter, quite frankly the Coalition just cannot be faulted. Scott Morrison has been doing a terrific job and he has been the only politician from either side to point out the appalling record by Malaysian bodies such as RELA and the police, in their treatment of asylum seekers.

Although I haven’t lived in Australia all that long, I have lived through the Prime Ministerships of Bob Hawke, John Howard, Kevin Rudd and the current one. This current one is by far the worst I have seen. Get rid of her already.

 

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Gillard inching closer to Najib Razak


Julia Gillard‘s telephone call to John Hartigan to spike a story by Glen Milne of The Australian, brings her government ever closer to the style of the UMNO Government. Both face certain doom and are living on borrowed time.

See this piece.

The point of the story was her judgment of people around her. Her involvement with Bruce Wilson, someone convicted of embezzlement of union funds, ought to speak volumes of her ongoing support for Craig Thomson. Thomson’s position as one of the 76 (together with the monkeys aka independents) no doubt is the bigger dimension here but the bottom line is her judgment.

Julia Gillard has as the sort of baggage Najib Razak is probably familiar with. Scorpenes submarine and Altantuya Shaaribuu are of much darker varieties to taint Najib Razak but Bruce Wilson and Craig Thomson, with their union rubbish, smell almost as bad.

Certainly, calling newspaper editors to control what the public reads, is a stench no Australian Prime Minister should share with a Malaysian regime.

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Thank you Bersih Thank You Ambiga


For a while, due probably to the end of semester exams and essay submission due date, I wasn’t following events in Malaysia all too closely. I then discovered, about 2-3 weeks ago, the planned activities of Bersih 2.0 and thought “wow, this should be great”.

I haven’t been disappointed.

For over 2 weeks I have jumped on the usual websites (Malaysiakini, Malaysia Today etc) and have picked up reports concerning 9 July 2011. More importantly, I have picked up vibes about the how people feel, leading up to the event.

I haven’t been disappointed.

The responses of the authorities have been expectedly empty gong loud noises. There haven’t been any substantive responses to the cause of Bersih. The cause is very clear, and it is made up of the following:

       1.      Clean the electoral roll

       2.      Reform postal ballot

  1. Use of indelible ink
  2. Minimum 21 days campaign period
  3. Free and fair access to media
  4. Strengthen public institutions
  5. Stop corruption
  6. Stop dirty politics

 Instead of addressing the matter in substance, it has branded the movement in a number of ways, none of which demonstrate that Bersih is anything other than what it claims it is fighting for. Like I said, Ambiga Sreenevasan is fair dinkum. You cant fault her. She may be nice – after all she was a dutiful rakyat who heeded her Agong’s call – but she is also clean and has nothing to fear or lose, except her personal liberty maybe. I expected Ambiga Sreenevasan and her team to hold steadfast to the cause and I haven’t been disappointed.

It is such an exciting time to be in Malaysia, particularly in KL. It wouldn’t be pretty. It would be tense. But it is exciting, because you could sense change coming. Maybe Najib Razak did too. Maybe that is why he has run away for now. Maybe intelligence tells him (not his, Najib doesn’t have a lot of intelligence I don’t think – I meant that of the Special Branch) it isn’t safe to be in the country as this could lead to anything. Maybe the actions of the authorities, especially the police, leading up to 9 July has been such that the people would at long last, say enough is enough and they would rise and take no more of this rubbish the hopelessly finished BN government continues to dish out.

I will participate by remote presence. I will be in the Melbourne chapter. Tomorrow is expected to be a little cold, and even wet. But it is an opportunity to be part of something special. Federation Square will be Merdeka Square for me tomorrow. Thank you Bersih. Thank you Ambiga Sreenevasan. 

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Malaysian Tragedy


The recent statement by Raja Petra on the events leading up to his Statutory Declaration on Rosmah Mansor, and Din Merican’s response to that statement, really showed how things are done in Malaysia. Reliance on a couple of telephone conversations, which appeared really short on details, lead to a statements which the masses were too happy to jump on with conclusions.

Apparently a guy called Nik Nazmi Nik Daud orchestrated the whole thing. He duped Raja Petra into thinking there was an intelligence report by Lt Kol Azmi Zainal Abidin which proved Rosmah Mansor’s presence on the murder site. 

Raja Petra, for all his resourcefulness, relied on just 2 apparently quick phone calls to verify the existence of the report. He did not insist on seeing the report or even talking to the purported author of the report. He spoke to third parties on the strengths of their connections with influential people.

That unfortunately sounds all too familiar. Businesses are transacted, assets are purchased, marriages are instituted, and other major decisions are made far too frequently on the say so of someone rather than on detailed investigation of what is the substance of the matter.

“Is this speaker any good?” Yeah he is – so and so said so. There he is on the pulpit delivering hogwash based on non-existent exegesis and some snake oil theology.

“Is this company share worth buying?” Yeah it is – so and so said so. A couple of million ringgit later the buyer is cursing and swearing for losses made because some fund manager was actually trying to offload his holdings.

This reliance on “so and so said so” is mind boggling. Malaysians are just so scared, so lazy, of doing the hard yards. The investigations, the reading, the comprehension and analysis, are often all missing. The short cut is easy but often riddled with dangers. We deserved better. We had one of the best education systems in the world (had is the operative word now) – so why make ourselves look like lazy, uneducated sloths?

I know 20-20 hindsight is always 100% accurate but unless we learn to put in the hard yards by getting our eyes and hand down for some grinding work, we can only blame ourselves if things go wrong. RPK may have been well liked and trusted but despite his Welsh blood, he is as Malaysian as they come. Din Merican said Anwar said ok and John Pang said Ku Li said ok, and bang, the mother of all SD’s out there to spawn a whole saga all its own. Malaysia boleh? There’s a twist even to that stupid phrase.

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Najib Involvement in Altantuuya Murder – Further Evidence?


From Malaysiakini 4 MayEnough evidence to launch Scorpene probe
Susan Loone | May 4, 10 1:40pm
Was the 114 million euro (RM534.8 million) paid to Perimekar a “commission”?The Malaysia government has argued that the huge sum was not a commission but for the provisions of “support services” to the RM3.7 billion Scorpene submarines bought from France.

That’s the crux of an on-going Parisian investigation as under French and international laws, giving commissions on such deals are illegal.

According to French lawyer Joseph Breham, who is part of a team investigating the scandal, there was enough “prima facie evidence” to justify a probe.

“How did this company suddenly obtain 114 million euro (RM482 million) in their bank account?” he asked in an interview with Malaysiakini last week.

“Also, the main shareholder of this company, is the wife (Maslinda) of a close associate (Abdul Razak Baginda) to the (then) minister of defence (Najib Razak).”

Breham’s team hopes to unearth enough evidence to convince the French court to institute corruption charges.

Excerpts from the interview follow:

Malaysiakini: You said in media reports that you have sufficient evidence to proceed in the case. Can you reveal what kind of evidence you have?

Breham: We have Perimekar’s account statement in 2001 and 2002. And between these years, they have lost about RM75,000. How can a company lose RM75,000 when the only thing the company did was related to some administrative cost? There was no income, and it was just renting an office.

How did this company suddenly obtain 114 million euro in their bank account? This is the basis for suspicion. Also, the main shareholder of this company is the wife (Maslinda) of a close associate (Abdul Razak Baginda) to the (then) minister of defence (Najib Razak).

These are strong elements (for suspicion) and if you add to this the fact that Altantuya Shaariibuu was killed by the bodyguards of the prime minister, and if you add to this the fact that the immigration records of Altantuya’s entry into the country have disappeared, there is proof that a high official did not want any evidence of her entering the country.

And the fact that the two policemen blew her up with C4 (explosives), it appears as if they completely do not want anything of her to appear.

So, we have the proof that someone who is a high official is involved in this case. We have the proof that the wife of one of the close friends of the PM is involved – (he or she may have) nothing to do with the Altantuya case, but in the issuing of commissions.

I am saying that there is enough evidence, enough prima facie evidence, based on all these elements to make an enquiry.

You are saying that the French prosecutors have accepted your arguments to proceed with the case?

Yes, and there is an key argument that each time (French state-owned shipbuilder) DCN makes a deal in a foreign country, there is corruption. Of course, this does not prove anything but they are not ‘white knights’ either.

How similar is the Malaysian case to the Taiwanese and Pakistani cases that you mentioned in recent media reports?

I am not the lawyer for the Taiwanese or the Pakistani side. However, the Taiwan and Pakistan cases began the other way around. They both started because there were dissension in the French political parties. For example, the Pakistani case started because there were factions in the conservative party.

One of the factions was running for president in the presidential elections. So, the one in power stopped the other from getting kickbacks. In the end, the Pakistanis were not getting their money from the French.

The Taiwanese case came exactly the same way. It was related to a former French minister involved in another case with the company, and they proved that one of his mistresses bought him very expensive shoes.

They inquired where the money came from, and by tracing the money, they found that it came from a bank account in Switzerland. They also managed to prove that the money came from someone involved in the Taiwanese contract.

The reason why it went to such a high level was because of a provision in the contract that stated that there should be no commission paid and that the French government could ask DCN to pay back the commission.

Taiwan lost a lot of money because of this. They filed a civil case against DCN to make them pay back the commission and they won. So the French judicial system could not just ignore the evidence.

If those involved in the DCN case were found to be giving out commissions, can action be taken against them? Is there a law in France against giving out commissions?

There are three laws against giving out commissions. They are the 2002 Organisation for Economic Cooperation and Development (OECD) Anti-Bribery Convention, 2003 United Nations Convention against Corruption, and the French national law.

[Malaysia is not party to the OECD Convention but it ratified the United Nations Convention against Corruption on Sept 24, 2008.]

These conventions are interesting: they have a mechanism to monitor whether a country respects the conventions. In the French system, when there is risk of corruption among prosecutors, OECD can ask the French government to act against these prosecutors.

In France, there is a written instruction that a decision not to prosecute a case of corruption is not only based on technical criteria, but (also on) either quality of fact or consistency of proof.

A decision not to prosecute could not be motivated based on quality of person, or by consideration of national economic interest. A courageous prosecutor can ask in writing if he was instructed not to prosecute a person for corruption. He can say, “Excuse me, you give me instructions against the convention, please tell me which to follow.” This, too, he should ask in writing.

What happens if you cannot obtain any information from the Malaysian side to help you with your investigation?

Once a judge decides, he can issue an instruction called ‘the international warrant of search’ and this warrant of search will be sent to the Malaysian side, saying, “We, the French judiciary, want this company to disclose to us this, and this, and this (information). According to the UNCAC, you are obliged to cooperate with me”.

If Malaysia does not deal with the situation, it will at least prove that the government has something to hide. Moreover, if we can find elements showing that Perimekar has parked its accounts somewhere else, the solution in corruption cases is always to follow the money. If we can find the money somewhere else other than Malaysia, then we have some chances.

I, as a lawyer, can ask (apply to) the (French) judge to make such an instruction. It is up to him to decide. If he decides against my application, I can appeal.

If DCN were indicted, you of course expect the Malaysian public or NGOs like Suaram to take up the case against the government.

I am a lawyer and I look for proof. So, if corruption happens involving any of its official in Malaysia, we hope the Malaysian justice system will take care of it. It is not up to the French justice system to do this. It would not be logical. So, for now France must do something against DCN corrupting people outside of France.

But I hope that as soon as – and if we have proof – that Malaysian officials have received the commissions, the Malaysia justice system must then do its work.

If nothing happens, the only thing that could be done – but this is very theoretical, as far as I know it had never been done before – is that there is an application that is called ‘either you extradite or you prosecute’ in the UNCAC.

If a country considers that there is a huge problem, that there is such a (corrupted) person in another country, it can ask for extradition and that it is a duty of the other country either to extradite or prosecute.

Can a country refuse to do either?

No, it cannot say ‘no’ since it is international law. Of course, Malaysia will not be invaded if they decide to do neither. However, there is a way for them (Malaysia) to circumvent this, and that is to prosecute.

But in this case, there is a theoretical possibility – although it has never been used – that France may consider that the inquiry (on the Malaysian side) was such a false one. If they can show enough proof that the Malaysian inquiry was not valid, then it (France) can apply for an ‘international binding judgment’.

For example, this applies to an official who must be sentenced to jail. If the official goes out of the country, he can be taken into custody (based on international laws).
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Leave Malaysia If You Can


Someone emailed me this letter I wrote to Malaysiakini more than 3 years ago:

Leaving Malaysia because I had to
Ian Teh | Feb 10, 06 2:18pm

MCPX
Smita Elena Sharma may have re-affirmed what many Malaysians have experienced for so long. My family and I left Malaysia more than a year ago. Smita was right – we left Malaysia reluctantly, especially me. My wife and I had well-paid jobs, were debt-free and had only one child. We had great friends, wonderful relatives and a strong network of social circles to make life a thoroughly enjoyable journey. We could see however, that it was a fast eroding paradise.

Our employers were successful only because of political patronage. Our child remained a second-class citizen as far as education was concerned, and this was going to be only the first of many more discriminations to come. The public institutions could not be relied upon to do the right things. In fact, few bothered with doing the right thing. Malaysian society was disintegrating because the leadership was distracted in all sorts of ways.
We have been here in Melbourne, Australia for more than a year now. We had to start all over again. Re-build our careers. Start new relationships. Find and build our home. We bump into Malaysians all the time. They are all here for the same reason – to give their future generations a fairer go. They are here to raise their children in a place where work ethics, intelligence and industry count for more than skin colour and political patronage. They are here where wrongdoings are highlighted and challenged and their perpetrators are put under the spotlight. They are here to give and take in a fair exchange.

Do we miss anything in Malaysia? Absolutely. We miss our family and friends. We miss, just as Smita wrote, the wonderful food. We miss the familiarity our previous home gave us. We were reluctant leavers.

Yet we were a lot more fortunate than many. Poor Malaysian’s Emigration not an option, stuck here for example, rightly pointed out that many simply can’t leave. Traditional destinations are not open to them as they don’t meet the criteria. There are also many who, by default, remain in Malaysia. They cannot bear to sacrifice the life they have in Malaysia. Lifestyles many more times more opulent than the one my family and I enjoyed.

Some of these people have accused us of running away. Some say we are armed and equipped to fight for the less fortunate in Malaysia, to help bring about a more just and equitable country. By running away, so we have been accused, we have not discharged our moral responsibility to help bring about this change.
YMM in his letter Not giving up hope on Malaysia echoes this tune. It is an admirable tune. I hope one day it becomes a battle cry to bring down this racial and religious barricade. Such lofty aspirations were mine too, some 15 years ago. When I first returned to Malaysia after studying in Australia, I vowed not to follow the steps of those who left the country. I decided to stay and make Malaysia my home, and try to make it a better home for my fellow Malaysians as well.

Soon however, this decision was faced with the harsh reality of being a victim of discrimination. Let us not mince words, the vast majority if not all of us who are not bumiputeras are victims of discrimination. We put up with being victims because the scraps are always enough to fill our coffers.
In spite of such discrimination, most stayed on because there is money to be made. It wasn’t to fight for equality that those who could leave decided not to. It was the fact that there was material wealth to be accumulated and it was also due to inertia. Our lives have simply continued without us pausing to think and plan ahead and, if necessary, make major changes. If we do, I cannot imagine anyone seriously believing that Malaysia offers a better chance of a better future for our children than many other countries.

The one thing which would swing my assessment is the total abolishment of the current pro-bumiputera policies, in toto. I don’t see this happening, no matter what I do. Was it I who tucked tail and left, or have those who, recognising such a change would not come about, be the ones who tucked tail in remaining?

I decided I had not put up a sufficient fight after 15 years. I decided I was not about to spend another 15 years trying, while my child foregoes an opportunity to go and fight her battles elsewhere, where there is a fairer go for her.

Do I miss Malaysia? Only the people there. My family, relatives and friends. I remain a reluctant leaver. There are many things we do in life not because we want to, but because we need to. Leaving Malaysia was one of them.

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Anwar’s Acquittal – Judiciary Independence Back?


This is a mixed result. The Malaysian judiciary is in a no-win situation, largely due to its own doing in allowing the previous administration to boss it. While the succesful appeal is obviously good not just for Anwar but for the judiciary and therefore the whole country of Malaysia, it also shows the judiciary is to a large extent, beholden to the executive. The executive is now helmed by a more docile leader who needs this result, so this action on the bench isn’t one of great courage or integrity. What it should have shown was its principles and resolve, when the executive was headed by a less respectful leader. That, it failed to do. It is still, in my mind, a bench that would rule as others see fit.

“So, I commend the enjoyment of life.” (From the Bible – really. Eccl 8:15)

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