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Malaysia Today - Your Source of Independent News


How Zul Noordin distorts the truth (UPDATED with Chinese Translation)

Posted: 16 Aug 2011 09:27 PM PDT

In the year 638, after the death of the Prophet Muhammad, Umar, the third Caliph, led an army to conquer Jerusalem. The Christian leaders of Jerusalem invited Umar into the Church of Holy Sepulcher so that he could fulfil his prayers. Umar, however, refused to do so out of respect for the Christians. Instead, he chose to pray outside the church.

No Holds Barred

Raja Petra Kamarudin

 

First, see the video below from minute 6:23.

At minute 6:23 in that video, the Member of Parliament for Kulim Bandar Baru, Zulkifli Noordin, said that the Caliph Umar refused to enter a church when invited to do so. This is proof, he said, that Muslims should not enter a church. 

He does not care about the law, argued Zul. Malaysian law may not have made it illegal or haram for Muslims to enter a church. But he is not concerned with that. He is guided by the example (sunah) of the Prophet's Comrades (Sahabat Nabi) and Caliph Umar, one of the Prophet's Comrades, refused to enter a church. This is all that matters.

Zul did not offer any details on this incident he quoted. He did not clarify when and where this incident was supposed to have happened. Either he is not clear about the incident or he is intentionally trying to mislead his audience.

Well, in that case, since Zul is either not too clear about the incident or refuses to clarify his statement with intent to mislead his audience, let me help with the clarification.

In the year 638, after the death of the Prophet Muhammad, Umar, the third Caliph, led an army to conquer Jerusalem. The Christian leaders of Jerusalem invited Umar into the Church of Holy Sepulcher so that he could fulfil his prayers. Umar, however, refused to do so out of respect for the Christians. Instead, he chose to pray outside the church.

Umar's main concern was that, if he entered the church to pray, future generations of Muslims might misinterpret his action as he had 'acquired' or 'captured' the church and had turned it into a mosque. That was why he chose to pray outside the church rather than in the church. This was to safeguard the church and not trigger a precedence where churches are taken by force and turned into mosques.

That was the real reason why Umar refused to enter the Church of Holy Sepulcher to pray. He intentionally prayed outside the church to avoid any misunderstanding and conflict. He wanted to demonstrate that even though the Muslims had conquered Jerusalem, they did not disturb any churches or took these churches by force. Churches would remain churches and Muslims would have to build their own mosques if they wanted to pray.

I don't wear a songkok or white skullcap like Zul. But I know my history. And that was the history of what happened when Umar conquered Jerusalem. And that was the real reason why Umar declined the invitation to enter the church to pray. It was to avoid any misunderstanding and conflict, and not as Zul is tying to mislead us.

OHFXx_ITQL8

SEE VIDEO ON YOUTUBE HERE: http://www.youtube.com/watch?v=OHFXx_ITQL8

 

Translated into Chinese at: http://ccliew.blogspot.com/2011/08/blog-post_18.html

 

 

Remember this, Ezam?

Posted: 16 Aug 2011 06:19 PM PDT

Oaths are merely playthings for Malays. They will stand on a stage or go to a mosque to swear their oaths just for show. They do not mean what they swear. Oaths are not their solemn words. You can't trust these oaths farther than you can throw the 'oath-taker'.

No Holds Barred

Raja Petra Kamarudin

I wonder whether Ezam Mohd Nor remembers back in 1999 when Pemuda keADILan went all over Malaysia to swear an oath or sumpah keramat. The oath they swore was that as long as there is a moon and a sun in the sky and as long as they have life in their bodies, they would defend justice and the truth and oppose lies and evil with their bodies and their lives.

You can read the full oath in Bahasa Malaysia below.

In fact, Ezam's mother also swore an oath, which was recorded on video and distributed all over Malaysia. And her oath was that she forbids (haram) Ezam from ever rejoining Umno. And the Malays believe that the oath of a mother is very powerful because, they also believe, that heaven lies below the feet of your mother.

This oath by all those leaders of Pemuda keADILan, who have since rejoined Umno, was made in front of tens of thousands of people. And they toured Malaysia to make this oath.

It makes one wonder about the worth of the Malay oath. If Malays were to swear an oath can we take that oath at face value? It appears like Malay oaths have no real value other than a sandiwara or stage-play for political gain.

They are asking Anwar Ibrahim to swear an oath that he did not bugger Saiful and that it is not he in that porn video. What purpose would that serve? Would that be sufficient to convince us that Anwar is innocent? I fear not.

Oaths are merely playthings for Malays. They will stand on a stage or go to a mosque to swear their oaths just for show. They do not mean what they swear. Oaths are not their solemn words. You can't trust these oaths farther than you can throw the 'oath-taker'.

That is what oaths or sumpah keramat or whatever type of sumpah (there are many types of oaths the Malays play around with) have been reduced to. In fact, the more they sumpah, the more suspicious we become of them. Those who like to sumpah a lot appear to be those who lie a lot and who need to cover their lies with these public displays of sumpah.

This is sad because now the impression created is the more you sumpah, the more you are a liar -- instead of the other way around. So, if a Malay says 'sumpah', then we can assume he or she is a bloody liar.

***************************************

SUMPAH KERAMAT PEMUDA KEADILAN!

Sumpah Keramat Pemuda keADILan beriltizam untuk berdiri teguh berjuang menentang kezaliman dan menegakkan keadilan dengan ikrar :-

Bismillah Ar-Rahman Ar-Rahim

Menyedari, Negara Terus Dilanda Kezaliman

Menginsafi, Umat Perlukan Perubahan

Mengakui, Keadilan Mesti Ditegakkan

Maka - atas nama kemuliaan dan perjuangan

Atas nama kesucian agama

Atas nama kedaulatan negara

Atas nama kehormatan Rakyat Jelata

Kami bersumpah - Selagi ada bulan dan matahari

Selagi hayat dikandung badan

Keadilan tetap kami pertahankan

Kebenaran tetap kami tegakkan

Kezaliman tetap kami benamkan

Pembohongan dan Sandiwara tetap kami hancurkan

Jiwa dan nyawa kami taruhkan

Inilah sumpah kami

Sumpah Keramat, Pemuda keADILan

Reformasi! Reformasi! Reformasi!

***************************************

Sumpah Keramat Keadilan Kedah

Tarikh : 10 Oktober 1999

Masa : 9.00 malam

Tempat : Padang Awam Taman Ria, Sungai Petani, Kedah.

 

Penceramah : 1. Sdr. Ezam Mohd Noor

             2. Zahid Mat Arif

             3. Hamdan Taha

             4. Hamdan Taha

             5. Mustafa Kamil Ayob

             6. Lokman Nor Adam

             7. Idrus Wan chik

             8. Zuraidi Rahim

             9. Gobalakrishanan

            10. Low Chiew Chong

 

Pengerusi Majlis : Sdr. Hanafiah Man.

Sembah Hajat akan diadakan ditempat ceramah yang diketuai oleh Ustaz Dr. Badrul Amin.

*******************************************

RABU, 20 OKTOBER 1999. Aktiviti Jelajah Negara SUMPAH KERAMAT PEMUDA akhirnya sampai ke negeri Pahang Darul Makmur. Bertempat di Kg. Tengah, jalan antara Temerloh ke Triang, kehadiran orang ramai yang hampir 10,000 orang sekali lagi memberi kegentaran dan ketakutan kepada pemimpin-pemimpin (layakkah mereka digelar pemimpin?) Barisan Nasional, khususnya di Negeri Pahang. Seperti aktiviti SUMPAH KERAMAT PEMUDA di negeri-negeri lain, SUMPAH KERAMAT PEMUDA di Pahang juga diketuai oleh Saudara Ezam Mohd Nor, Ketua Pemuda keADILan Pusat.

Diiringi oleh barisan Exco Pemuda keADILan Pusat dan negeri-negeri seperti Saudara Hamdan Taha, Saudara Idrus Wan Chik, Saudara Zakir, Saudara Gobalakrishnan, Ustaz Badrul Amin, Saudara Zahid, Saudara Hanapiah Man, Saudara Lokman Nor Adam dan lain-lain lagi.Dari Pahang pula diketuai oleh Sdr Zakaria dan Naib Ketua Sdr Soleh Mohamad.Kehadiran diserikan lagi dengan pemimpin-pemimpin barisan alternatif yang lain termasuk Ustaz Tuan Ibrahim Tuan Man.

Di permulaan majlis, hujan mulai turun tetapi tiada seorang pun berganjak. Ketika Saudara Lokman memulakan ucapannya, guruh pun berbunyi. Ini disahut dengan seruan "takbir!!!" oleh beliau dan disambut dengan "Allahu Akbar" oleh para hadirin. Hujan berhenti di pertengahan majlis, nampaknya Tuhan gembira kerana hamba-hambaNya pada malam ini tahan kepada dugaan.

Satu isu ditimbulkan oleh Gobalakrishnan tentang mengapa sebuah lebuhraya boleh dibina oleh kerajaan menuju ke Bukit Tinggi Resort yang sudah tentunya MENGGUNAKAN DUIT RAKYAT semata-mata untuk memberi kemudahan kepada seorang yang bernama VINCENT TAN berniaga resort dan padang golfnya. Dan yang paling pelik, lebuhraya ini tidak mempunyai satu pun kaunter kutipan tol. Ini bukan sahaja satu bukti pembaziran duit rakyat, malahan juga satu tanda jelas penyalahgunaan kuasa Barisan Nasional demi kepentingan kroni-kroni pemimpinnya.

Kesemua pemimpin Pemuda keADILan pada malam ini memberi ucapan yang begitu bersemangat dan bertenaga menyebabkan laungan REFORMASI dan TAKBIR tidak putus-putus kedengaran memecah dingin malam Temerloh, mungkin mengejutkan tidur Dato' Sabaruddin Chik yang sudah sedia tidak lena. Saudara Hanapiah Man mendedahkan bahawa kesemua 23 cawangan keADILan di Perak didokong oleh bekas pemimpin Umno, membuktikan bahawa Umno Perak kalau pun bukan telah hancur lerai, mungkin sudah menjadi arang yang hanya boleh digunakan untuk menulis perkataan BN di dalam warna hitam!

Saudara Zahid sudah menjadi BEKAS cucu Ghafar Baba, Saudara Hamdan Taha pula terkilan kerana dua orang anak didik Anwar, Saudara Zahid Hamidi dan Sarip Jusoh kini hanya berdiam diri dan bersekongkol pula dengan rejim zalim lagi rakus, MAHATHIR dan DAIM semata-mata kerana mementingkan perut dan bawah perut mereka sahaja. Menceritakan pengalaman lima hari di dalam lokap, Ustaz Badrul Amin mengatakan usahkan lima hari, lima puluh hari, lima ratus hari, matipun beliau sanggup demi jihad menentang kezaliman ini kalau itulah harga yang terpaksa dibayar.

Majlis pada malam ini diselang dengan acara kemuncaknya iaitu SUMPAH KERAMAT PEMUDA keADILan yang dibarisi oleh pemimpin-pemimpin Pemuda keADILan Pusat, Negeri-negeri dan semua bahagian di Pahang. Dari setiap baris kata yang diucap, terpancar satu semangat perjuangan yang kental untuk menegakkan keADILan di bumi Malaysia ini, sehebat bunyi guruh yang berdentum tadi. Pengakhirannya, pemimpin yang ditunggu-tunggu, Saudara Ezam menyampaikan ucapan penutup. Sekali lagi Saudara Ezam mencabar Dato' Seri Najib menafikan dakwaannya bahawa kontrak pembelian jet-jet pejuang semasa beliau menjadi Menteri Pertahanan turut diiringi dengan perjanjian bahawa penggunaan jet-jet pejuang tersebut mestilah dengan kebenaran Kerajaan Amerika Syarikat.

Saudara Ezam juga mencabar TPM, Dato' Seri Abdullah Ahmad Badawi mendedahkan kontrak-kontrak yang diluluskan oleh beliau kepada seorang yang berpangkat BAPA MERTUA kepada beliau. Kemenangan Gus Dur, seorang Kiai dalam pemilihan Presiden Indonesia sekali lagi memberi kejutan kepada jantung MAHAthir. Kalau Indonesia boleh berubah mengapa kita tidak...?

 

Who is REALLY behind Malaysia Today? (UPDATED with Chinese Translation)

Posted: 14 Aug 2011 07:06 PM PDT

They are always trying to speculate as to who could be behind Malaysia Today. Raja Petra is broke. Raja Petra has no money. Raja Petra could not afford to finance Malaysia Today. So surely there must be someone else behind Malaysia Today who is helping to finance the operation. It is impossible for Malaysia Today to operate otherwise.

No Holds Barred

Raja Petra Kamarudin

Who is REALLY behind Malaysia Today? That has been the million-dollar question since way back in 2004 when Malaysia Today was first launched.

I remember an incident around the time Anwar Ibrahim was first released from jail, which was also around the time Malaysia Today was launched.

Datuk Azmi Hamid Bidin, the husband of PKR Sabah Chief, Datin Saidatul Said Keruak, was in Anwar's house and the conversation they had gave the impression that Anwar suspected that Deputy Prime Minister Najib Tun Razak was behind Malaysia Today.

Soon after that, the late MGG Pillai and I had a chat with Anwar in his house and he commented that Najib would never become Prime Minister. As he said this, Anwar looked at me. I did not understand what that look meant until Datuk Azmi later told me the reason why:  Anwar thought Najib was my 'boss'.

Of course, this was soon cleared up in 2008 when I signed my Statutory Declaration. Najib could not be behind Malaysia Today if I could attack Najib in such a brutal manner.

In 2006, talk of Najib being behind Malaysia Today was no longer an issue. The suspicion now was that Tun Dr Mahathir Mohamad was behind Malaysia Today. Then, in 2008, when I campaigned against Barisan Nasional during the March general elections, talk of Mahathir being behind Malaysia Today subsided.

They are always trying to speculate as to who could be behind Malaysia Today. Raja Petra is broke. Raja Petra has no money. Raja Petra could not afford to finance Malaysia Today. So surely there must be someone else behind Malaysia Today who is helping to finance the operation. It is impossible for Malaysia Today to operate otherwise.

Now, most of the people are convinced that neither Najib nor Mahathir are behind Malaysia Today. They are convinced that the person behind Malaysia Today is Tun Daim Zainuddin.

So, I have been receiving phone calls from various people who are telling me that KITA President Datuk Zaid Ibrahim, Blogger Bernard Khoo, etc., are telling people that Daim is behind Malaysia Today. Over the last two days a number of people have called me to tell me this.

Since it is not Najib or Mahathir who is behind Malaysia Today, then it must be Daim. If none of these people are behind Malaysia Today then Malaysia Today would not exist.

So many phone calls. And all these phone calls are from people telling me so-and-so is saying this and that, or the phone calls are from people asking me to confirm who Malaysia Today's financier is.

None of these phone calls are from people asking me whether I have any money. None of these phone calls are from people asking me whether I can afford to put food on the table. None of these phone calls are from people asking me whether I have eaten. None of these phone calls are from people asking me whether I can afford a roof over my head. None of these phone calls are from people asking me about my health. None of these phone calls are from people asking me whether I can support myself in the UK.

All these phone calls are from people asking me whether it is true what so-and-so said or whether it is true that so-and-so is financing Malaysia Today.

I am yet to receive a phone call from these people asking me whether I am financially hard up -- and if so to not take any money from Najib, Mahathir or Daim because they are prepared to help finance Malaysia Today.

I am yet to receive even one phone call from anyone asking me for my bank account details so that they can send money to me every month so that I need not receive financing from people like Najib, Mahathir or Daim.

The phone calls are only from people asking me whether it is true that so-and-so is financing Malaysia Today, as what they have heard.

They want to hear from my own mouth me saying that people like Najib, Mahathir and Daim are NOT financing Malaysia Today. That is very important to them. As long as people like Najib, Mahathir and Daim are NOT financing Malaysia Today that is all that matters.

So, if Najib, Mahathir, Daim, and people of that ilk, are not financing Malaysia Today, would they then finance Malaysia Today instead? Even asking readers to pay RM20.00 for a one time registration fee is a major issue to some.

No, of course they would not. They are not interested in the financial welfare of Malaysia Today. They don't care a damn whether Malaysia Today has any money or not. They are not concerned whether I have money to buy food or to pay for a roof over my head. They just want to hear that Najib, Mahathir, Daim, etc., are NOT financing Malaysia Today. That is all that matters.

In 2004 Najib was said to be behind Malaysia Today. In 2006, it was supposed to be Mahathir. Today, it is Daim. That is what is my friends back in Malaysia are saying as to who the person behind Malaysia Today is.

Soon, when I start attacking Daim and allege that he is the man behind the MAS-Air Asia deal and when I begin to expose his plan of making a comeback, people will no longer say that Daim is behind Malaysia Today. How can Daim be behind Malaysia Today when I whack him and expose his shenanigans?

Then the story will change again. No, Najib, Mahathir and Daim are not behind Malaysia Today. The man behind Malaysia Today is Deputy Prime Minister Muhyiddin Yassin.

That will be the new story that they will be talking about.

 

Translated into Chinese at: http://ccliew.blogspot.com/2011/08/blog-post_16.html

 

Quantity over quality

Posted: 12 Aug 2011 04:14 PM PDT

In other words, we have no say in the matter. Allah will decide when the time is right and whether it will happen or not. Allah will decide whether you are born a Muslim or born a kafir (infidel). Allah will decide whether you become a sinful Muslim or a good Muslim. Allah will decide whether the sinful Muslim finally repents and becomes a good Muslim. Without Allah's will, nothing will happen.

NO HOLDS BARRED

Raja Petra Kamarudin

Demos in Selangor and Penang to show support for Jais

(The Star) - Demonstrations were held in Selangor and Penang in support of the Selangor Islamic Affairs Department (Jais) operation during a multiracial dinner at the Damansara Utama Methodist Church (DUMC).

A group calling itself Gerakan Anti-Murtad (Anti-Apostate Movement) would lodge a police report in every district of Selangor so that investigations could be carried out against the DUMC, said spokesperson Datuk Zulkifli Noordin.

The Kulim Bandar Baru MP said this after Friday prayers at the Sultan Salehuddin Abdul Aziz Shah mosque in Shah Alam yesterday.

Also present were Senator Mohamed Ezam Mohd Noor, PAS members and the movement's supporters.

Ezam said the movement had nothing against non-Muslims, but would wage war against those "who were rude and who tarnished Islam", including by burning down online news portals.

****************************************

You will notice one thing about the Malays-Muslims. They are very preoccupied with getting non-Muslims to become Muslims. And they are paranoid about Muslims renouncing Islam.

Maybe what happened at the DUMC did happen. Maybe the allegations are true. I was not there but I have been told that the allegations are not entirely false. Nevertheless, I go by what the Malays would normally tell me.

If you ask a 'sinful' Malay why he does not stop his gambling and drinking and womanising and go to Mekah to repent and to perform the pilgrimage, he would reply, "Allah belum gerak hati lagi." This translates to 'Allah has not moved my heart yet'.

When a non-Muslim becomes a Muslim, the Malays would say, "Allah buka hati dia." And this means Allah has opened his or her heart (to become a Muslim).

If you ask an ustaz (religious teacher) why Allah made only 20% of the world Muslim while 80% are non-Muslims, and why did Allah not make 100% of the world Muslim, the ustaz would reply, "Only Allah knows."

In short: this is all Allah's will and Allah could make you Muslim or He could make you non-Muslim and it is up to Him to open your heart to receive Islam or to repent your 'evil ways' and go to Mekah to perform the pilgrimage.

In other words, we have no say in the matter. Allah will decide when the time is right and whether it will happen or not. Allah will decide whether you are born a Muslim or born a kafir (infidel). Allah will decide whether you become a sinful Muslim or a good Muslim. Allah will decide whether the sinful Muslim finally repents and becomes a good Muslim. Without Allah's will, nothing will happen.

Now, that is a most interesting concept. This means I may be born a Muslim but be born a bad Muslim because Allah has not opened my heart to become a good Muslim. This also means, later on in life, Allah may open my heart and I will see the error of my ways and repent to become a good Muslim.

Then again, Allah may will it that I be born a non-Muslim and, later on in life, convert to Islam when Allah opens my heart to Islam. Or, Allah may never open my heart and I may die a non-Muslim like 80% of the population of the world.

The crux of this whole issue is Allah decides and wills it and what happens (or does not happen) can never happen without the will of Allah. And only when Allah wills it or opens our heart will we see something happen -- and not otherwise and not before that.

Okay, based on this ideology, what about when someone is born a Muslim and later leaves Islam? Could this ever happen if Allah does not will it? Would it not be Allah who opens your heart to make you leave Islam?

Everything that happens is the will of Allah and everything you do is because Allah has moved or opened your heart into doing it. So, when you leave Islam is this not also Allah's doing?

This is the confusing part about the argument on the will of Allah. You will never be born a Muslim without Allah deciding this will happen. You will never convert to Islam without Allah deciding this will happen. When you decide to leave Islam does Allah not also have a say in the matter? Is this not His will?

As I said, Malays-Muslims are preoccupied with non-Muslims becoming Muslims and paranoid about Muslims leaving Islam. So we now have a Gerakan Anti-Murtad (Anti-Apostate Movement) organising demonstrations in the Pakatan states to protest those leaving Islam.

I am not so concerned about Muslims leaving Islam because if it is true that nothing happens without the will of Allah then no Muslim can ever leave Islam unless Allah wills it. What I am more concerned about is Munafiq (hypocritical) and Fasiq (sinful) Muslims.

Why don't these people also launch a Gerakan Anti-Munafiq dan Anti-Fasiq (Anti-Hypocrites and Anti-Sinners Movement)? We should perang (declare war) on Muslims who kill, rape, rob, steal, cheat, swindle, abuse their power, lie, and do all sorts of evil things that give Islam a bad name.

We should not worry about the quantity. After all, 80% of the world is non-Muslim anyway. We should worry about the quality. We do not want Muslims who have no scruples, compassion, honesty, ethics, values, etc. We want Muslims who demonstrate the ideals and ethics of Islam. We want Muslims who demonstrate what a good Muslim should be like. We want Muslims who show what a good Muslim is so that we can be proud of Islam.

That should be the perjuangan (struggle) for Muslims.

 

Read my lips: 'arah' means 'advice' (UPDATED with Chinese Translation)

Posted: 11 Aug 2011 01:00 AM PDT

First read the Malaysiakini news report below. Then read the copy of the 'surat arahan' or 'advisory letter' below it that Nazri is talking about. 'Arah' may mean 'directive' or 'instruct' to those of you who do not speak Bahasa Malaysia well enough. But it means 'advice' to those like Ministers who do. This is what we call 'lost in translation'.

NO HOLDS BARRED

Raja Petra Kamarudin

Nazri: I didn't instruct the GLCs, I only advised them

Hafiz Yatim, Malaysiakini

Minister in the Prime Minister's Department Nazri Abdul Aziz has admitted that he sent a letter to government-linked companies (GLCs) on Aug 8 over a settlement with former Malaysia Airlines chairperson Tajudin Ramli, but denied instructing them to drop their suits against the tycoon.

Nazri said he made the move in his capacity as de facto law minister, and it came on the heels of moves by Tajudin over the past several months to come to a settlement with the government over the companies' suits against him.

It was therefore not compulsory for the companies to settle their suit, but it was conveyed to them that it was advisable, given the possible scenarios the new situation had presented, said Nazri.

The alternative was for the GLCs to further slug it out with Tajudin, without a guarantee as to when it would be resolved.

"Tajudin had been in contact with us for the past six months, proposing a settlement.

"I wrote to the GLCs after gaining approval from Second Finance Minister Ahmad Husni Hanadzlah, and as a law minister to the effect, as this case has been going on for so long - six years," Nazri told Malaysiakini when contacted.

He said it was "not necessary" for the GLCs to follow his advice, as it was up to them to decide based on what they deemed to be in their best interests.

"If they feel they can win, they can continue with fighting the suit. As a legal entity, they have the right to make their own decisions.

"I only wrote to them to remind them Tajudin had approached (the government) with a view to settle, and I merely asked them to look into it," he said.

The minister said further that the court cases could drag on without an assurance of victory for any party.

"Let's say this case goes into trial, it will take another five to six years and on appeal. It may (even) take another 10 years. We do not know whether the suit will go our way or in favour of Tajudin. Hence, that is why the out-of-court settlement was proposed.

"However, if we settle, it must not be at an additional cost to the government. We do not want a payout," he said, admitting that some of the GLCs, like MAS, were in a bad shape.

Earlier today, former deputy prime minister-turned opposition leader Anwar Ibrahim questioned Nazri's actions in writing to the GLCs.

Instructions to GLCs to drop their legal suits should come from the finance ministry, not Nazri, said Anwar.

Some GLCs upset

It is learnt several GLCs had disapproved of a settlement as some of them had already obtained summary judgments against Tajudin, who some said had provided a weak defence.

Some familiar with the case said such a move would not go well with the principle of corporate governance as GLCs were still public limited companies. The law requires the board of directors of these companies to decide.

It is not for someone outside the company to issue directives, and some even questioned how someone could direct a company to withdraw lawful suits.

It is learnt that Tajudin took loans from several financial institutions, totalling in excess of RM1 billion, which some alleged he was not able to repay when he took over MAS, resulting in the on-going suits.

Asked about this, Nazri said the GLCs have to look at the context that they were faced with counter-suits by Tajudin.

On the surface, the minister pointed out, when you get a summary judgment it means you win without a trial and that is just on the surface.

"However, on appeal it may go for a full trial and there is no way of telling who will be victorious. But I stress, it is upto the GLCs," he said.

Nazri also explained that the matter came before Federal Court judge Justice Md Raus Sharif today, who was upset that the case had taken so long. Raus is the managing judge for the commercial division.

That is why, Nazri said, there was this proposed settlement.

"If nothing can be worked out by Sept 29, which is supposed to be the last date, the matter may go for a full trial," he said, adding that between now and then, the parties concerned could discuss the matter.

Not afraid of skeletons in closet?

Asked whether the suggestion for a settlement was because the government was afraid of skeletons coming out of the closet if it were to go into full trial as there was a potential number of former VVIPs being involved, Nazri denied such a notion.

"Actually, we (the government) are not afraid if the case goes for trial," he said, without elaborating further.

In Tajudin's counter-claim, he alleged that he had been instructed by former premier Dr Mahathir Mohamad to take over MAS and this was against his will.

His defence is mainly about doing national service and that there was a conspiracy to get him to fail.

Nazri's letter comes on the heels of questionable actions taken by the minister and government, such as the replacement of lawyers who had been involved in the case for the past five or six years.

It is learnt four to five well-known legal firms acting on behalf of the GLCs in their suits against Tajudin and on the counter-claims he filed have been replaced by the Putrajaya-based law firm of Hafarizam Wan & Aisha Mubarak, which is well known among legal circles to be aligned to Umno.

According to sources, some of the GLCs are not happy that Hafarizam Wan & Aisha Mubarak had called them up and showed them the letter, directing them to transfer all files to that firm.

"Never in history has there been a case where lawyers direct their clients to appoint them," a senior lawyer said.

 

Translated into Chinese at: http://ccliew.blogspot.com/2011/08/blog-post_13.html

 

Ban non-drinkers from driving

Posted: 10 Aug 2011 05:40 PM PDT

Those British who came out to riot over the last few days came out with intent to riot, loot and plunder. They had no intentions to hold a peaceful demonstration. They were not concerned about loss of life or damage to property. They intentionally wanted to damage property. It was part of the plan.

NO HOLDS BARRED

Raja Petra Kamarudin

About 3,000 people die a year on the roads of Britain, a country with a population of about 72 million.

About 6,000 people die a year on the roads of Malaysia, a country with a population of about 27 million (now just touched 28 million).

Compare the two statistics above and it will be clear that it is more dangerous to drive or ride on Malaysian roads than on British roads. So, Malaysia should ban cars and motorcycles from Malaysian roads. Then less Malaysians will die every year.

The number of drink-driving deaths in Britain is about 400 a year. That comes to about 1.4% of the total road accident fatalities.

This means 98.6% of deaths on British roads are caused by drivers/bikers who DO NOT drink. And this also means people who DO NOT drink should be banned from driving/riding. Then less Britons will die every year.

Only three people died in the last few days of riots in the UK (due to a hit-and-run incident rather than due to the riot proper). Only one person died in the BERSIH march of 9th July 2011 (due to a heart attack).

So riots and demonstrations are safer than driving or riding a motorbike. This is because, over the last ten years, 30,000 people died on British roads and 60,000 on Malaysian roads. Over the last 30 years you can triple those figures because the statistics are basically consistent from year to year.

So we should encourage people to stop driving/riding and start rioting instead. The statistics prove that less people will die if they riot rather than drive/ride.

This sounds like a stupid argument, does it not? Well, no more stupid that the argument by the Deputy IGP regarding his comparison between the UK riots and the BERSIH march of 9th July 2011.

Those Malaysians who came out to demonstrate on 9th July 2011 came out with intent to demonstrate, not to riot. They were determined to demonstrate peacefully with no loss of life or damage to property.

Those British who came out to riot over the last few days came out with intent to riot, loot and plunder. They had no intentions to hold a peaceful demonstration. They were not concerned about loss of life or damage to property. They intentionally wanted to damage property. It was part of the plan.

How can the government and police compare BERSIH to what happened in the UK? There were two different motives here.

The BERSIH march was a political statement. There was no political statement in the UK riots. It was all about plundering, looting, robbing and stealing.

No, we can't compare BERSIH to the UK riots. This would be like banning drivers/bikers who do not drink and only allowing drunks on the road because drinking and driving causes only 1.4% of traffic accident deaths.

Did not the Malays oppose the Malayan Union that the British were trying to impose on Malaya through a street demonstration? And was it not because of this demonstration that the British abandoned the plan for the Malayan Union and instead the Federation of Malaya was formed?

So, street demonstrations are not all bad. If street demonstrations are held for the purpose of delivering a political message, like opposing the Malayan Union, then it is good. But in the UK this was not a street demonstration. It was not about a political statement. It was a riot. It was about plundering, robbing, looting and stealing. That was the intent from the very beginning.

On the second matter below -- the complaint by Ahmad Syauqey Abdul Ghani about human rights abuses in prison -- what is he talking about? This is normal. This is what all of us have to endure in prison. Why only now complain when we have had to suffer this for a long, long time?

Yes, now they know what it is like in prison or under detention. We are no longer treated as humans in there. We are treated like animals. In fact, you would not even treat animals the way humans are treated behind those high walls and barb-wired fences.

Welcome to the real world. 

************************************ 

DIGP's statement shows his 'ignorance', says Nurul

(Malaysiakini) -- Lembah Pantai MP Nurul Izzah Anwar hit out at deputy IGP Khalid Abu Bakar for saying that the Bersih electoral reform rally, if allowed to proceed unimpeded, will lead to the same rioting as now taking place on London streets.

"That statement only serves to showcase his ignorance," Nurul Izzah told reporters when met outside the Petaling Jaya district police headquarters today.

In a posting on his Facebook page last night, Khalid Abu Bakar had said the ongoing riots in London and other major cities in Britain are evidence of the "nightmares" that can be prevented by avoiding street protests.

"Alhamdullilah, we are able to avoid these scary and tragic scenes from erupting here in our beloved country.

"Street protest should always be avoided as we will never know what it can turn into. Peace loving Malaysian will understand. The right to assemble must always be balanced with public order," read his post.

Nurul Izzah added that she cannot accept such statements from the senior police officer and asked him to "check his facts first before opening his mouth next time".

She pointed out that the root cause of the London riots was discontent because of government budget cuts and high unemployment in the riot hit areas.

This, she claimed, is different from the mainly middle class Bersih supporters who were not as inclined to such excesses.

'Riots may be our future if we fail to reform'

However, the Lembah Pantai MP said one similarity between the situation in UK and Malaysia is the failure to reform an economic system that promotes the wealth gap between the rich and the poor. 

While Malaysia is not as worse off as the UK, she warned "that this is our future if we fail to reform".

Police had declared the July 9 Bersih 2.0 rally illegal and outlawed the electoral reform movement itself and cracked down hard on anyone even suspected of supporting or wanting to attend the rally.

Police claimed it was only keeping public order and did so to prevent chaos, though this was disputed by Bersih organisers who had pledged a peaceful march. 

There was no recorded incident of looting or widespread property damage during the rally, with most damage seemingly resulting from tear gas and chemical laced water used by police. 

*************************************

Kelantan prison detainees forced to strip naked

(Malaysiakini) -- A former training director for election watchdog Malaysians for Free and Fair Elections (Mafrel) has complained of human rights abuses during his almost two-week-long detention at the Pengkalan Chepa Prison in Kelantan. 

Ahmad Syauqey Abdul Ghani said he and 113 other prisoners were ordered to strip in front of one another on June 23, the day he was sent to the prison.

"I was scared and confused, along with the other detainees who also had to strip naked. It was very embarrassing.

"We were ordered to strip in stages, 10 to 20 prisoners at a time... the situation, with more than a hundred naked men, was horrible, embarrassing and inhumane," Ahmad Syauqey said.

Ahmad Syauqey, who has made several sketches to describe his time in detention, said the prison was overcrowded and stuffy.

"Ten other prisoners and I were ordered into a cell at the quarantine block. The size of the cell was 6ft by 12ft. 

"We had to squeeze against one another to fit in, and some of us had to put our legs on the walls, as there was no space to lie down. Many of us could not sleep due to the heat and over-crowding," he said.

Ahmad Syauqey also said that the unhygienic conditions made it very difficult for Muslims to conduct their prayers properly.

The quarantine block is exclusively for detainees who have been remanded and are awaiting trial or bail.

Among other complaints he had are:

    1. No proper facilities for Muslims to pray;
    2. Only two pails of water for 10 to 12 prisoners to share for toilet use;
    3. Prisoners were told to defecate in front of other prisoners; and
    4. Prisoners were caned on their feet as punishment for 'wrongdoing'.

Ahmad Syauqey has since lodged a report on his ill-treatment at the Kota Baru police station and plans to file a complaint with Malaysian Human Rights Commission (Suhakam), besides the email he has already sent.

When contacted, Pengkalan Chepa Prison director Husni Johari said an investigation was under way.

"For now, we will not be commenting as an investigation is already under way. It will be completed as soon as possible," Husni said.

Ahmad Syauqey was arrested on June 20 under Section 186 of the Penal Code for obstructing a public officer and under Section 90 of the Police Act for behaving indecently in a police station.

He was remanded and sent to the Pengkalan Chepa Prison and was freed on July 5, after bail was posted in a magistrate's court in Bachok. 

His case is fixed for Nov 2 and 16 respectively for hearing.

 

Chinese honour (UPDATED with Chinese Translation)

Posted: 09 Aug 2011 07:59 PM PDT

It is very difficult, I know, for some of you to comprehend that the triads had honour and code of ethics. But then I am talking about the triads of the 1960s, 50 years or so ago. Times have changed, though. Even the politicians of the 1960s had honour. Today, the politicians are worse than criminals. The politicians, today, would not meet the high standards of honour that the triads of the 1960s had.

NO HOLDS BARRED

I learned about 'Chinese honour' from the streets of Kuala Lumpur. This was back in the 1960s, before May 13. The streets I am talking about are Petaling Street, Sultan Street, etc.

Basically, this is what the tourists would call Kuala Lumpur's 'Chinatown'.

I was no older than those kids who rioted all over London and in Manchester, Liverpool, Nottingham, Leicester, Birmingham, Croydon, etc., over the last few days. In fact, I was exactly that age, in my teens.

That was me back in my 'younger' days. My 'street name' then was 'Chap Chong Kia'.

I 'found' my first girlfriend in Petaling Street. She and her sister sold sugarcane in front of the Rex cinema. The problem is she spoke not a word of English or Bahasa and my Chinese was a rojak-mix of Hokkien, Cantonese and Hainanese and confined to street lingo like ta sei, pinto ley, niamah, fai ti chow, and so on.

Invariably, our 'dates' in the Malaysia Snack Bar, across the road from the Rex cinema, had to be held in the presence of an interpreter. There was no way my 'girlfriend' and I could communicate without the assistance of this interpreter -- and until today I still don't know whether the exchanges of communication between us were a true translation of what transpired or whether my interpreter 'sabotaged' me and translated the opposite of what we said.

Anyway, 'Uncle Lee' can tell you how I won the 'competition' to win her heart. Well, let's face it, I was better looking than Uncle Lee so certainly he would have had to lose out to me. Nevertheless, the relationship did not last because of the absence of intellectual discourse between us.

Yes, you probably would have suspected by now that I was 'jalan' with the Long Fu Thong, the triad that controlled that part of Kuala Lumpur. I was far from a 'Tiger General' and certainly not one of the 'soldiers' -- so I was spared the task of having to engage in any gang wars.

But the streets of Kuala Lumpur were a scary place back in the days prior to May 13. Many a time I had to run for cover as parangs 'flew' and blood spattered the streets. I always believed that those who fight and run away live to fight another day. So I ran like the devil was on my tail. And that is why I am still around to tell my tale.

I admit that I lost many friends. But that is the price we have to pay for our association with the triads. Those who live by the sword die by the sword. Some died in a hail of bullets. Some got 'chopped' to death, the 'traditional' punishment for being on the 'wrong side' of the street ('salah jalan', as we would say then). But all this was accepted as an 'occupational hazard' and we just shrugged off these loses and moved on.

Eventually, we all grew up and grew out of all this. We were kids and this was what kids did back in the 1960s prior to May 13. But we learned a very important lesson. And that lesson was there is honour amongst thieves. In fact, there was more honour amongst triad members then, than you would find amongst 'honourable' people like politicians and leaders today.

We respected 'authority'. We had a very strict code of ethics that you broke only on pain of death. Punishment was swift and brutal and you would always pay for your crime of breaching the code of ethics and of having no honour.

It is very difficult, I know, for some of you to comprehend that the triads had honour and code of ethics. But then I am talking about the triads of the 1960s, 50 years or so ago. Times have changed, though. Even the politicians of the 1960s had honour. Today, the politicians are worse than criminals. The politicians, today, would not meet the high standards of honour that the triads of the 1960s had.

We were not criminals, as such. We did not rob, steal, sell drugs, or beat up defenceless people. We were the enforcers. We kept the peace. We kept the streets that we 'controlled' safe from crime so that honest and decent people could live their lives and conduct their business unhindered.

The residents and shopkeepers did not shun or defile us. They welcomed our presence because they knew we did what the police could never do -- we ensured their safety. (In fact, the people feared the police but did not fear the triads). 

Whenever any new business opened up the owner would seek us out to request 'protection'. They were at liberty to decide whether they needed protection or not. There was no compulsion but once they offered to join the protection 'scheme' their premises were 'off-limits'. No one would dare 'violate' these premises. To do so would mean death.

It was a good system back in the 1960s. It was how things worked then. Everyone was happy and the police did not have to worry about crime on the streets. All the police could do was to arrest the perpetrators. The triads, however, made sure that crime is eliminated through the elimination of the criminals.

As I always said: you eradicate the plague by killing the rats. This was more or less how matters were resolved on the streets of Kuala Lumpur 50 years or so ago.

Yes, enforcement of the law was swift and brutal. You disturb the peace and you die. You can't run riot and burn shops and houses and beat up innocent and defenceless people -- like what is now happening all over the UK.

In fact, you still can't do that in the Chinatown areas of the cities in the UK. It can happen in white, black or 'brown' parts of the cities in the UK, but not in the Chinatown areas. Try and the punishment would be swift and brutal.

Do I sound nostalgic? I suppose I am. The Malaysian Chinese of today are not the Chinese I knew back in the 1960s. The Chinese of today have no honour. They do not understand things such as code of ethics. They have no scruples. There is no longer any camaraderie. What has happened to the Malaysian Chinese?

Last weekend, I went to the funeral of a local Chinese leader from Liverpool (see photos below). That suddenly brought back fond memories of the Kuala Lumpur of 50 years ago. It appears like the Chinese in the UK -- those from London, Manchester, Liverpool, Birmingham, etc. -- still retain the honour and code of ethics that we once knew back in Kuala Lumpur in the 1960s.

Yes, that's right. I think you know what I am talking about and whom I am talking about. The camaraderie and brotherhood amongst the Chinese here is very strong indeed. Brothers look after brothers. Brothers do not sell out brothers.

Malaysian Chinese should make a trip here and learn a thing or two from the UK Chinese. Those in their 60s and 70s would probably recognise this as Kuala Lumpur back in the days when they were still teenagers.

My respect for the Malaysian Chinese honour and code of ethics of the 1960s knew no bounds. It is very difficult to feel the same way about the Malaysian Chinese of today. They will sell their own mother for the right price.

Look at DAP. DAP leaders are badmouthing and sabotaging fellow DAP leaders. In the 1960s, these types of Chinese would 'disappear' without a trace. They would be executed and their bodies dumped into one of the many mining pools surrounding Kuala Lumpur.

Maybe it is time to bring back the old Chinese honour and code of ethics. Maybe it is time that the triad laws are, again, enforced and those treacherous DAP leaders with no honour and code of ethics be made to suffer a swift and brutal punishment.

Maybe only then will the DAP Chinese leaders understand what honour and code of ethics mean.

 

Translated into Chinese at: http://ccliew.blogspot.com/2011/08/blog-post_9685.html

Who's lying now?

Posted: 08 Aug 2011 07:36 PM PDT

So, are there still Malaysians in London or not? Can Anifah Aman make up his mind? In the one breath he says Malaysians have all gone back to Malaysia for the holidays and in another he says Malaysians have been advised to stay away from the affected areas.

NO HOLDS BARRED

Raja Petra Kamarudin

No Malaysians involved in London riot, says Anifah Aman 

(Bernama) - No Malaysian citizens were involved in the London riot that erupted over the weekend, said Foreign Minister Datuk Seri Anifah Aman.

In fact, no Malaysians were in the vicinity, he said.

"I received a report from our High Commissioner there, Datuk Zakaria Sulong, that our citizens, especially students, were on holiday."

"Most have returned home (to Malaysia), but we have advised Malaysians in areas nearby not to go to that specific area," he told reporters after his ministry's breaking-of-fast function, here, Monday night.

A smashing and looting rampage broke out on Saturday at Tottenham in North London after a peaceful demonstration over the death of its local 29-year-old Mark Duggan, a black man, who was shot by police two days earlier.

However, Anifah said, it was still safe to travel to Britain, but he advised Malaysians to stay away from Tottenham, an area with a high unemployment rate and racial issues, for the time being. 

*********************************

And how does Anifah Aman know that no Malaysians were involved in the London riots?

Well, he knows because, as he said, "I received a report from our High Commissioner there, Datuk Zakaria Sulong, that our citizens, especially students, were on holiday."

So there you have it. Malaysian citizens, especially students, are on holiday. Therefore, no Malaysians were involved in the London riots.

But hold on. My daughter is Malaysian and she is not on holiday. She is still here in the UK attending summer class. And the entire committee of Friends of Pakatan Rakyat UK are still in London and are not on holiday. So are the Kelab PAS members. They are also still here in the UK and are not on holiday.

So who are these people Anifah Aman is talking about who are not in London and are on holiday and therefore no Malaysians were involved in the riots?

Okay, maybe Anifah Aman means the sons and daughters of the UmnoPutras. These are the people who have flown back to Malaysia for their holidays. And this is because they are the only people who can afford to fly back to Malaysia every school holiday.

Yes, that's right, the rest of us less wealthy Malaysians stay here in the UK during the holidays. We don't have that kind of money to afford to fly back to Malaysia every holiday, ten times a year.

Hmm…wasn't it Prime Minister Najib Tun Razak's cousin, Home Minister Hishammuddin Hussein, who said today, 'New media used to spread lies'? New Media or New Straits Times? That report came out in the New Straits Times (you can read it here).

"….but we have advised Malaysians in areas nearby not to go to that specific area," added Anifah Aman.

Ah...if there are no Malaysians in London because they have all gone back to Malaysia for the holidays, then whom are these 'Malaysians in areas nearby' who are being advised not to go to that specific area?

So, are there still Malaysians in London or not? Can Anifah Aman make up his mind? In the one breath he says Malaysians have all gone back to Malaysia for the holidays and in another he says Malaysians have been advised to stay away from the affected areas.

Anifah Aman ended by saying that it was still safe to travel to Britain, but he advised Malaysians to stay away from Tottenham, an area with a high unemployment rate and racial issues, for the time being.

Now that is the crux to the whole matter. One Umno Blogger, Syed Akbar Ali, has used the London riots as the reason why he opposes the Bersih rally. If rallies such as Bersih are allowed, there would be a danger it could escalate to a riot, like what happened in London.

In fact, the riots have now spread to many other parts of the UK. It is no longer confined to just London. And these riots have nothing to do with free and fair elections or human rights or freedom of religion or whatever. It is all about the frustration of the people.

Remember I wrote about this matter in my article yesterday titled 'Upsetting the ecological balance'? Well, this can happen in Malaysia as well if we are not careful.

What we are seeing in the UK is a 'class struggle'. It is a demonstration of the people's frustration. And unless Malaysia addresses this issue then what we are seeing in UK today we will see in Malaysia in time to come.

Let's imagine if the above story was about Malaysia in the year 2030.

****************************************

No Indonesians involved in Kuala Lumpur riot, says Khir Toyo

(Antara) - No Indonesian citizens were involved in the Kuala Lumpur riot that erupted over the weekend, said Indonesian Foreign Minister Khir Toyo.

In fact, no Indonesians were in the vicinity, he said.

"I received a report from our Ambassador there, Da'i Bachtiar, that our citizens, especially students, were on holiday."

"Most have returned home (to Indonesia), but we have advised Indonesians in areas nearby not to go to that specific area," he told reporters after his ministry's breaking-of-fast function, here, Monday night.

A smashing and looting rampage broke out on Saturday in Brickfields in Kuala Lumpur after a peaceful demonstration over the death of its local 29-year-old Aramugum Pillai, an Indian, who was shot by police two days earlier.

However, Khir said, it was still safe to travel to Malaysia, but he advised Indonesians to stay away from Brickfields, an area with a high unemployment rate and racial issues, for the time being.

 

One step forwards, two steps back (UPDATED with Chinese Translation)

Posted: 07 Aug 2011 07:53 PM PDT

Why can't the Umno people see this? They need the non-Malays to retain the government. Maybe if they can get 70% of the Malays on their side then they don't need the non-Malays. But they can't get 70% of the Malays to support them. At best maybe 55%, that is all. So they need the non-Malays. But what they are doing merely pushes the non-Malays farther and farther away.

NO HOLDS BARRED

Raja Petra Kamarudin

Remember, yesterday, I wrote an article called 'You need brains to do it'? Well, again, Umno has proven me correct. Their people just don't have enough brains. They are like the Keystone Cops, shooting themselves in their feet and bumbling every step of the way.

Take the Damansara Utama Methodist Church (DUMC) matter as an example. PERKASA and the Malaysian Muslim Lawyers Association (MMLA) have now also joined the fray. So it looks like every man and his dog has jumped onto the bandwagon.

Good!

Now, if I were Umno, I would instruct all our people to stay out of this fiasco of major proportions. This is going to be a very explosive issue. So let DAP and PAS fight it out. Chances are Hasan Ali would help do more damage by defending his actions, by defending JAIS, by defending Islam, and by offering to resign for the sake of defending Islam.

Hasan Ali will become a hero for standing up for his principles while sacrificing himself and his political career. Hasan Ali will be a martyr. And this will become a problem for Pakatan Rakyat.

This is a sure recipe for a split between DAP and PAS. This will be just like the Terengganu ISD of ten years ago, which saw DAP leaving Barisan Alternatif and which resulted in the opposition getting slaughtered in the 2004 general election. 

JAIS made the allegation that DUMC is converting Muslims to Christianity. So the accuser must prove the allegation. DUMC need do nothing. The onus is on JAIS to prove what they allege. 

If JAIS or JAKIM brings out statistics to prove that 100,000 or 500,000 Malays have now become Christians (as what the Perak Mufti alleged) then this will backfire on Umno. Umno will lose face -- and, in Asia, face is everything and is very important.

Politics is all about face. Never underestimate the power of face. It is very important to me and I will defend my face even if I have to go back to Malaysia and serve some time in jail to 'save face'. (Unfortunately, my lawyers, friends, family, and even the Malaysian government, profusely refuse to agree to this even though I have communicated this wish to Bukit Aman). 

If JAIS or JAKIM can't reveal the 'alarming' statistics, then the government will also lose face. So, keep quiet you are damned and bring out the statistics you are also damned. Either way, damned if you do, damned if you don't.

Umno has painted itself into a corner on this one and with so many others, in particular PERKASA, taking up this issue they will be hard-pressed in getting out of this dicey situation.

Umno should have maintained an elegant silence. Let the opposition fight it out amongst themselves. Now that Umno, PERKASA, et al, are involved, this will force DAP and PAS to close ranks.

Yes, that's right, DAP and PAS will now unite in the face of the onslaught by Umno and its minions. Now it is Pakatan versus Barisan. And Pakatan will have to speak as one voice on this DUMC issue.

Of course, this exercise may help swing back some Malay support for Umno. Certainly some Malays would get upset with what they see as the opposition's compromise on the matter. So these Malays would abandon the opposition and go back to Barisan.

But how many Malays are we talking about? For every Malay that swings back to Barisan, five would swing over to the opposition.

We must not forget the law of diminishing returns. The Malays are already split 50:50. Ask Umno. They know this. So how many Malays can you get back? Less than 5%.

Even if you can get 5% of the Malays to swing back it will not be worth it because you will lose more than 5% non-Malays to the opposition. That is one step forwards and two steps back.

The non-Malays are very angry. And they are getting angrier and angrier by the day. Everything that Umno does just adds to this anger.

Why can't the Umno people see this? They need the non-Malays to retain the government. Maybe if they can get 70% of the Malays on their side then they don't need the non-Malays. But they can't get 70% of the Malays to support them. At best maybe 55%, that is all. So they need the non-Malays. But what they are doing merely pushes the non-Malays farther and farther away.

Big mistake!

Who the hell are these political strategists in Umno? Are they that dumb or are they intentionally doing all this to weaken Prime Minister Najib Tun Razak? 

Hmm…that's a thought. Maybe they are not as dumb as we think after all. Maybe this is meant to hurt Najib. Maybe that is why Najib has remained silent. Maybe he knows if he opens his mouth then he is going to walk into a well-laid trap.

Maybe, maybe, maybe…..

 

Translated into Chinese at: http://ccliew.blogspot.com/2011/08/blog-post_12.html

 

Upsetting the ecological balance

Posted: 07 Aug 2011 05:25 PM PDT

The Indians and Chinese we have in Malaysia today are descendants of the immigrants of the 1850 to 1920 era. In short, today's Indians and Chinese are Malaysian-born, which means they are Malaysians and not immigrants. That is why these 'immigrants' are loyal to Malaysia and not to India or China, which is very important (and if I have to explain this statement then you are brain dead).

NO HOLDS BARRED

Raja Petra Kamarudin

What Mahfuz Omar said, reported by The Malaysian Insider (read below), is very interesting. In time, what he said will certainly happen. The implications, however, will be farther reaching than how Mahfuz has explained.

The bottom line is you can't upset the ecological balance without seeing something happen. When you clear the forests, remove the mangrove trees, or terrace the hill slopes, something always happens. And it is normally bad rather than good.

Look at Britain today. In the 1960s and 1970s, it was an influx of Asian immigrants. Of late, it is an influx of Eastern Europeans. Britain is no longer the Britain we once knew or the Britain I was born in. It has transformed so much that I really don't know whether to call it good or bad.

For one, honesty has gone out the window. In the old days, you could put your newspapers and a box outside your shop and customers would take the newspaper and put the payment in the box. Today, they would take the box of coins.

Rental and property prices in 'immigrant' neighbourhoods are low. The crime rate is high. And the cost of car insurance is higher if you live in such neighbourhoods because the danger of theft or vandalism is higher.

Unemployment is up and the standard of living has declined. More people are on welfare and in time Britain is going to face bankruptcy because of the 'freeloaders' it has to support. The NHS (national health service) has practically no more money. And they have had to increase fees for universities.

The long and short of it: Britain's 50-year old very lax immigration policy is finally taking its toll on the one-time Empire where the sun never sets. The sun is certainly setting very fast on Britannia that no longer rules the waves.

Malaya, too, in 1850, had a very lax immigration policy. In 1920, the British Colonial Government realised that if they allowed this to continue it would upset the 'ecological balance' and Malaya would erupt into chaos. So, in 1920, the British stopped bringing in Indians and Chinese.

The British realised very early that the country could support only a certain number of immigrants before all hell breaks loose. In their wisdom, the British said, 'Enough!' and thus ended the immigration policy.

The Indians and Chinese we have in Malaysia today are descendants of the immigrants of the 1850 to 1920 era. In short, today's Indians and Chinese are Malaysian-born, which means they are Malaysians and not immigrants. That is why these 'immigrants' are loyal to Malaysia and not to India or China, which is very important (and if I have to explain this statement then you are brain dead).

Now, the government has reversed what the British did. We are now 'importing' foreigners at a higher level than what the British did from 1850 to 1920. We may think that we are importing 'fellow Muslims'. Well, that's what Britain thought as well when they allowed the 'Christian' Eastern Europeans into Britain in droves.

But these Christian Eastern Europeans have a different culture and set of values. And that is the problem. The 'Muslim' immigrants coming into Malaysia also have a different culture and set of values. And, in time, Malaysia is going to face the problem that Britain is facing today.

What Mahfuz said is partly true. But the problem is not going to be confined to just their rejection of the Monarchy. The implication is farther than that.

We must remember, these immigrants are not facing political, ethnic, or religious persecution in their fatherland -- like those who went to America, Canada, Australia, New Zealand, England, etc., around the Second World War. In those days, they had to emigrate or die. So they owed their adopted country their lives. And because of that they owed their adopted country their loyalty.

But the new (post-Merdeka) immigrants into Malaysia do not face death in their country. They do not owe Malaysia their lives. They are merely 'economic refugees'. It's all about money. Their loyalty is to money, not to Malaysia. 

Those are the types of people we are giving 'instant citizenship' to. And in time we shall realise the folly of this immigration policy.

They have no memories of the British Colonial era. They have no memories of the Japanese occupation. They have no memories of Merdeka. They have no memories of the Emergency. They have no memories of the creation of Malaysia. They have no memories of the Konfrontasi with Indonesia. They have no memories of May 13. They have no memories of anything at all that Malaysians hold dear. They are here only for the money. 

So where do these people's loyalty lie? Certainly not where our loyalties lie because they do not share our culture and value system. They are only loyal to the Ringgit and as long as the Ringgit is there they will become 'true Malaysians'. However, once the Ringgit is no longer there, they would not care two hoots about Malaysia.

Learn from Britain's mistake. Britain, which was once Malaysia's Colonial master, is beginning to pay a heavy price for being too lax in its immigration policy. It took 50 years but it is finally taking its toll.

In time, Malaysia too is going to pay for this mistake. By then, however, just like in Britain today, it will be too late.

Sure, this new immigration policy is meant to help Barisan Nasional in the next general election. The 'instant citizens' are going to vote for BN.

That is the short-term gain, of course. But for the benefit of short-term gain, Malaysia is going to suffer in the long term.

**************************************

Pakatan says foreign voters will bring down monarchy

(The Malaysian Insider) - Pakatan Rakyat (PR) lawmakers demanded today an emergency sitting of Parliament over claims that 1,600 foreigners had been given citizenship and voting rights, claiming that if left unchecked it would erode Malaysia's constitutional monarchy.

PAS vice-president Datuk Mahfuz Omar told reporters today that the permanent residents who were being given "express" citizenship and voting rights "would not appreciate our royalty as we do."

DAP publicity secretary Tony Pua said the "campaign by Barisan Nasional (BN) and the authorities to turn all permanent residents into citizens, if not monitored, will cause the peninsula to be like Sabah."

"There, permanent residents who have become citizens outnumber actual locals," the Petaling Jaya Utara MP said, referring to the claim that BN had given votes to foreigners in the east Malaysian state in the 1990s to reclaim power in the 1999 state election.

"This will cause the fall of our monarchy. They don't appreciate our constitutional monarchy," Pokok Sena MP Mahfuz said.

PR handed a memorandum demanding the emergency sitting to be held within seven days to Datuk Seri Nazri Aziz today, who received the demand on behalf of the prime minister.

The minister in the Prime Minister's Department said he would hand over the letter to Datuk Seri Najib Razak when breaking fast today and "after discussing with him, maybe we can respond."

The minister in charge of Parliament said that there was no problem for Parliament to meet during the fasting month as that had been the practice in the early 2000s, when Tun Dr Mahathir Mohamad was prime minister.

Although Nazri refused to comment on PR's claims, he said that complaints over fraudulent voters should be brought to the Election Commission to be investigated.

"I don't think it can happen. To vote, you need a blue identity card," he said, referring to the document that proves citizenship.

PR had also claimed that 1,108 permanent residents in the Klang Valley were given the status of full citizens on August 2 alone, and ridiculed the notion that over 1,000 identity cards were issued within a day.

PAS vice-president Salahuddin Ayub also showed documents claiming that between 1.06pm and 2.30pm on August 2, three voters had their status changed from permanent residents to citizens "in the blink of an eye."

"This was information downloaded from the NRD website itself and we have a total of 1,597 cases across the country," the Kubang Kerian MP had said.

 
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WIKILEAKS: SABAH: POROUS BORDERS; PROBLEMS WITH FOREIGNERS; UNHAPPY UMNO COALITION PARTNER ...

Posted: 16 Aug 2011 01:00 AM PDT

Two PBS state assemblymen, Ching Eng Leong and Samson Chin Chee Tsu, told us on October 4 that former PM Mahathir began the initiative prior to the 1994 state assembly election, in order to ensure UMNO's political takeover of Sabah. UMNO's control was further solidified during the 1999 state election, as UMNO granted more foreigners citizenship and voting rights under what came to be known as "Project Mahathir." 

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 001948

SIPDIS

 

DEPT FOR EAP/MTS, DS/ATA AND DS/IP/ITA

 

E.O. 12958: DECL: 10/12/2016

TAGS: PHUM, PREL, PGOV, PINR, KDEM, KISL, SMIG, ASEC, MY

 

SUBJECT: SABAH: POROUS BORDERS; PROBLEMS WITH FOREIGNERS; UNHAPPY UMNO COALITION PARTNER

 

REF: A. KUALA LUMPUR 1862

     B. KUALA LUMPUR 1935

 

Classified By: Political Section Chief Mark D. Clark for reasons 1.4 (b , d).

 

Summary

1. (C) The police, political leaders, a human rights official in the East Malaysia state of Sabah recently expressed their concerns to us about rising crime and the security impact from the high number of foreigners - both legal and illegal - residing in the state.  Sabah's Acting Police Commissioner said illegal migrants and other foreigners committed three out of four violent crimes in the state, but he did not address terrorist threats or transnational crime syndicates.

On other issues, a Sabah state minister from Prime Minister Abdullah Badawi's political party, UMNO, criticized the PM's intellectual capacity and said the PM's inner circle gives him "bad advice."  The minister predicted the UMNO national assembly in November would be "a timid affair."  One of the 16 commissioners from Malaysia's government-funded national human rights commission (Suhakam) told us the government views Suhakam as "a pest." 

Seconding other comments from the Suhakam commissioner about the large influx of foreigners into Sabah, two state assemblymen expressed trepidation about the state's security situation.  The pending U.S. Border Control Assessment Initiative (ref A) will assist our efforts to better understand the security ramifications of Sabah's porous borders and identify ways the U.S. can assist.  End Summary.

Police Face Challenges from Criminals - And Parliament

2. (C) Sabah's Acting Police Commissioner, Mohd Bakri Zinin, told us on October 4 that "illegal migrants and other foreigners" account for about three-fourths of violent crimes committed in the state.  He said almost all the crime was locally based and that transnational crime syndicates were "not much of a problem" in Sabah.  Zinin notably did not address the issue of terrorists either located in or transiting Sabah.  When asked about the potential for human trafficking into the Malaysian federal territory island of Labuan, near Sabah's western coast, Zinin stated flatly, "There is no trafficking problem in Labuan.  Those women are all volunteers who claim to be victims when caught."  (Note: Septel addresses prostitution on Labuan.  End Note.)

3. (C) Zinin criticized a recently enacted amendment to the criminal procedure code that eliminated prosecutors' usage of police-obtained confessions in trying criminal defendants. Confessions are now only admissible if done in front of a magistrate. 

Zinin said the amendment "will hurt our ability to get convictions."  He stated, "As a result, we'll likely make greater use of (Malaysia's four preventative detention laws), even though we know this will bring criticism from Suhakam and the NGOs." 

(Note: The laws he referenced are the Internal Security Act, Restricted Residence Act, Dangerous Drugs Act, and Emergency Ordinance.  They allow the police and the internal security ministry to jointly incarcerate individuals for extended periods without trial, in cases where police lack sufficient evidence to obtain a criminal conviction.  From our local sources, we believe 700 - 1,000 Malaysians suspected of criminal activity are currently jailed under the Emergency Ordinance alone.  End Note.)

UMNO Minister Swipes at Prime Minister Abdullah...

4. (C) While making unsolicited comments about Prime Minister Abdullah Badawi's public image and job performance, Sabah's Minister of Youth and Sports, Masidi Manjun, told us, "Abdullah is not an intellectual and is a bit slow in his thinking."  He said the PM is "getting bad advice from his inner circle" regarding both the content and "scripted shouting" of some of his latest speeches to his ethnic Malay political base. 

Manjun, who formally headed Sabah's primary government-funded think tank (the Institute of Development Studies), told us of a private comment made by former PM Mahathir during a recent trip to Japan.  Mahathir reportedly told a senior Japanese politician, "Japan is the home of the rising sun, and Malaysia is home to the rising son-in-law."

This was a reference to PM Abdullah's son-in-law Khairy Jamaluddin, who serves as the deputy president of UMNO Youth.

With Mahathir's recent failure to be elected as an UMNO delegate at the party's national assembly in November, Manjun predicted the assembly will be "a timid affair," with no major pronouncements or surprises.

...And Foreigners in His State

5. (C) Manjun complained that Sabah was "flooded with foreigners."  He singled out Filipino Muslims from Mindanao as "especially troublesome."  He said, "They are not as devout as us."  He told us the state's Filipinos were "using our social services and not integrating into society," and that "vagrancy and violence" were rampant within Sabah's Filipino community.  He called Sabah's maritime and land borders "very porous" and expressed concern that Sabah's foreign residents were starting to become politically active.

He acknowledged, however, the economic importance of Sabah's foreign population.  With regard to Sabah's large number of illegal foreign workers, estimated to total over 750,000, Manjun said, "We need them here, or our economy would collapse."

Fallout from UMNO-Fueled Population Boom in Sabah

6. (C)  UMNO's main Sabah-based partner party, PBS, remains publicly indignant about UMNO grants of citizenship and related voting rights during the 1990s to over 600,000 foreigners (predominantly Muslims from Indonesia and Mindanao), in return for those individuals' votes in Sabah's state assembly elections. 

Two PBS state assemblymen, Ching Eng Leong and Samson Chin Chee Tsu, told us on October 4 that former PM Mahathir began the initiative prior to the 1994 state assembly election, in order to ensure UMNO's political takeover of Sabah.  UMNO's control was further solidified during the 1999 state election, as UMNO granted more foreigners citizenship and voting rights under what came to be known as "Project Mahathir." 

According to Samson, PBS switched from its opposition party status in 2000 and allied itself with UMNO.  Ching said, "UMNO had completely taken over by that time.  They paid off our party leaders and several assemblymen in cash, and threatened to freeze our constituencies out of federal and state funding if we didn't join them." 

Since 2000, the state assembly has remained 100 percent controlled by the UMNO-led coalition; opposition parties in Sabah have no elected representatives.

7. (C) Suhakam recently researched the allegations surrounding Project Mahathir and concurred with PBS' findings.  According to Suhakam, Sabah's legal resident population increased 362 percent to 2.6 million from 1970 to 2000, compared to a population increase of only 135 percent over the same time period in the neighboring state of Sarawak. 

This substantial increase in Sabah's legal residents excludes an influx of over 750,000 foreigners holding invalid identity cards and visas - or no documents at all - according to Suhakam.  According to Samson, a UK-educated lawyer whose electoral district encompasses Tawau on the east coast near the Indonesian border, Filipinos and Indonesians outnumber Malaysians 3 to 1 along Sabah's east coast from Sandakan to Tawau. 

He said, "The security situation in the area is not good."  He also claimed that corruption in Tawau is rampant among police and immigration officers.  He said it had "tripled over the last 30 years."

He and his wife recently refused to attend an event that gathered public and private sector leaders on the resort island of Mabul, off the east coast of Sabah, as he feared an attack on the gathering by Mindanao-based Muslim extremists. The event took place without incident.

Government Ignores Suhakam

8. (C) With regard to the plight of Malaysia's largely impoverished rural indigenous persons in Borneo, Suhakam's Vice Chairman and resident Commissioner in Sabah, Simon Sipaun, echoed the sentiments expressed to us by his fellow Suhakam commissioner in Sarawak (ref B). 

He said he spends most of his time on indigenous persons' issues and lamented the government's lack of support for Suhakam.  He said, "We're viewed as a pest." 

Sipuan told us that prisons in the state are "50 percent to 75 percent overcrowded" and that about three-fourths of all prisoners are illegal migrants and other foreigners.  He described conditions in the state's three illegal migrant detention centers as "overcrowded and generally poor." 

Sipuan felt the large number of Filipinos on the state's east coast represented a potential security threat "if they decide to become more politically active, or if parts of Mindanao become more autonomous."

Comment

9. (C) Among all Malaysian states, Sabah faces uniquely severe border control and related security pressures. Filipinos and Indonesians move easily - and often illegally - between Sabah and their respective home countries. 

UMNO leaders in Sabah and Kuala Lumpur will likely continue to remain silent with regard to the deleterious effects of Project Mahathir, as this initiative achieved its primary goal (UMNO political dominance) many years ago; they consider it "old news."  In any case, a significant reduction in Sabah's foreign-born population could only be reversed in the near term through an UMNO-led effort to round up and deport the very workers that drive Sabah's natural resource-based economy. 

While Malaysia periodically launches campaigns to expel illegal workers, even PBS' leaders concede this is highly unlikely to be carried out to the point of seriously harming the state's economy.  The U.S.  Border Control Assessment Initiative (BCAI) focused on the Sulu and Sulawesi sea areas of Malaysia, Indonesia and the Philippines will enhance our understanding of the security challenges facing Sabah and ways we can assist.  We currently are working to obtain GOM approval for the Sabah field portion.

SHEAR

 

Translated into Chinese at: http://ccliew.blogspot.com/2011/08/blog-post_17.html

 

WIKILEAKS: MALAYSIA REACTS TO CEASEFIRE

Posted: 14 Aug 2011 01:00 AM PDT

Khairy Jamaluddin's antics provided a sometimes entertaining, sometimes maddening diversion throughout the Lebanon crisis. He organized a large and noisy but non-violent July 21 rally in front of the Embassy during which he was pictured by the press at the Embassy's gate, haranguing marchers with a bull horn. Khairy led a July 28 demonstration on the Kuala Lumpur Convention Center during Secretary Rice's participation in the ARF, demanding unsuccessfully to deliver a harshly worded petition to the Secretary, and his appearances often seemed to direct more attention to himself than to his cause.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L KUALA LUMPUR 001587

 

SIPDIS

 

E.O. 12958: DECL: 08/17/2016

TAGS: PGOV, PREL, IS, LE, MY

SUBJECT: MALAYSIA REACTS TO CEASEFIRE

 

REF: A. KUALA LUMPUR 1559

     B. KUALA LUMPUR 1354

     C. KUALA LUMPUR 1397

     D. KUALA LUMPUR 1377

 

Classified By: Deputy Chief of Mission David B. Shear for reasons 1.4 (b, d)

 

1.  (C)  Summary:   Malaysian officials have welcomed the passage of United Nations Security Council resolution (UNSCR) 1701, and the Malaysian media's preoccupation with the Middle East crisis has quickly diminished.  GOM officials reaffirmed their commitment to a lasting peace in the Middle East and reiterated their commitment to send peacekeeping troops to support the United Nations Interim Force in Lebanon (UNIFIL).

Despite some rhetoric and political posturing, Malaysia seems willing to work with the UN in determining what, if any, Malaysian forces would appropriately augment UNIFIL.

Until they were corrected by the Prime Minister, leaders of the United Malays National Organization (UMNO) Youth movement called for boycotts of American products and for a cessation of Free Trade Agreement (FTA) negotiations. UMNO Youth leaders admit they are making concessions to their conservative base, but have generally returned their focus to the domestic agenda.  Calls for a boycott of American products largely fell on deaf ears, but the demand that the GOM terminate the FTA talks reflects the extent to which the GOM will have to work in order to generate domestic support for an FTA.  End Summary.

GOM Supports UNSCR 1701

2.  (C)  Senior Malaysian officials including Prime Minister Abdullah Badawi and Foreign Minister Hamid have strongly supported the ceasefire in Lebanon.  Notwithstanding recent reports that Israel may object to peacekeeping forces from nations that do not have diplomatic relations with Israel, Abdullah, Deputy Prime Minister Najib Tun Razak and FM Hamid have all declared publicly that Malaysia will send troops to support UNIFIL over Israel's objections. 

However, privately, Malaysia's Under Secretary for Multilateral Affairs Shahrul Ikram has told us that Malaysia will naturally allow the United Nations Department of Peacekeeping Operations to decide if Malaysia should send troops and what their composition would be.  He also reported that Malaysia wants to help, but will naturally work through the UN to ensure UNIFIL has the appropriate composition to complete the mission.

And the Negative Public Rhetoric Cools

3.  (C)  The Malaysian public and media reacted strongly to the Lebanon crisis, and, in addition to sustained criticism of the U.S. in the local press, the Embassy experienced demonstrations on several Friday afternoons at the end of July that were larger and noisier than usual.  But the passage of UNSCR 1701 and the August 14 implementation of the ceasefire in Lebanon quickly deflated much of the negative political rhetoric prevalent in Malaysia after the start of hostilities. 

Politicians and reporters have largely returned their attention to domestic politics: a new budget session in parliament scheduled to begin on September 1, preparations for the November UMNO General Assembly, and former Prime Minister Mahathir's jabs at the government.  Despite overwhelming coverage of the war prior to the ceasefire, most newspapers did not headline the implementation of the ceasefire, nor did they give front-page billing to the return of displaced Lebanese families back to southern Lebanon.

Malaysian officials have continued calls for comprehensive peace and reaffirmed their commitment to send peacekeeping troops to Lebanon (ref A).

Khairy Jamaluddin: Criticizes the FTA Talks; Calls for Boycott of U.S. Goods

4.  (C) UMNO Youth deputy chairman and Prime Ministerial son-in-law Khairy Jamaluddin's antics provided a sometimes entertaining, sometimes maddening diversion throughout the Lebanon crisis.   Khairy's influence on his father-in-law and some of his recent financial dealings have been the target of former Prime Minister Mahathir's ire for several months, and, no doubt sensing that political opportunity knocked, he decided to lead a highly visible UMNO Youth effort to flay the U.S. for its support of Israel.  He organized a large and noisy but non-violent July 21 rally in front of the Embassy during which he was pictured by the press at the Embassy's gate, haranguing marchers with a bull horn. 

Khairy led a July 28 demonstration on the Kuala Lumpur Convention Center during Secretary Rice's participation in the ARF, demanding unsuccessfully to deliver a harshly worded petition to the Secretary, and his appearances often seemed to direct more attention to himself than to his cause.  The frenetic Khairy also called for a stop to U.S.- Malaysia FTA talks and for a boycott of the "American" brands Coca-Cola and Starbucks, statements that were rebuffed by the Prime Minister.

5. (C)  Khairy has been less vocal since the cease fire went into effect.  Our subsequent meetings with UMNO Youth executive committee leaders confirmed that UMNO Youth rhetoric over the past two months was intended to appeal to UMNO's more conservative base.  They have told us that it was also aimed at preventing the Islamic opposition party PAS from gaining momentum given the recent clashes between Abdullah and former Prime Minister Mahathir Mohamed (ref D).

Having achieved those ends, UMNO Youth has returned to its preparations for the UMNO General Assembly in November and the general elections anticipated for next year.  We expect the occasional jab from Khairy and his UMNO buddies as preparatory meetings for the November UMNO General Assembly continue, but we doubt the drumbeat will reach the decibel levels heard through late-July and early August.

Calls for Boycott Not Threatening

6.  (C)  Khairy's call for the GOM to boycott the US seems to have gained little traction publicly and politically. U.S. firms operating in Malaysia are watchful, but not overly concerned by Khairy's calls for a boycott.  The local Coca-Cola bottler recalled that a similar boycott call in 2002 following the U.S. invasion of Afghanistan had no impact on sales. 

Both the Coke and Starbucks franchisees (the local operations actually are owned by Malaysian companies) plan to take no action, believing the best approach is not to draw further attention to the issue. 

At the monthly meeting of the board of governors of the American-Malaysian Chamber of Commerce (AmCham) August 16, members expected that the boycott would fade quickly, so long as the situation in Lebanon remains under control.  The board also agreed to take no action in response to the call for a boycott at this time.

Effect on FTA Remains To Be Seen

7.  (C) We doubt that the Lebanon crisis itself had a lasting negative effect on GOM support for the FTA talks.  But Khairy's opportunistic attack on the talks underscores the extent to which the negotiation may be vulnerable to Malaysian domestic politics.  At a minimum, it also demonstrates the extent to which the GOM will have to work to convince even the ruling party's rank-and-file of the benefits of a FTA with the U.S.

LAFLEUR

 

Ahah! Did we not say so?

Posted: 11 Aug 2011 05:48 PM PDT

According to Tajudin Ramli: "At all material times, I was acting as a nominee and agent of the Government and in the performance of a public duty and I was bound to act under the instructions and directions from the government."

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Do you remember these series of articles of two years ago?

 

1. The untold MAS story: part 1 (http://malaysia-today.net/archives/23997-the-untold-mas-story-part-1)

2. The untold MAS story: part 2 (http://www.malaysia-today.net/index.php?option=com_content&view=article&id=24040:the-untold-mas-story-part-2&catid=71:archives-2009&Itemid=100106)

3. The untold MAS story: part 3 (http://www.malaysia-today.net/index.php?option=com_content&view=article&id=24085:the-untold-mas-story-part-3&catid=71:archives-2009&Itemid=100106)

4. The untold MAS story: part 4 (http://www.malaysia-today.net/index.php?option=com_content&view=article&id=24137:the-untold-mas-story-part-4&catid=71:archives-2009&Itemid=100106)

5. The untold MAS story: part 5 (http://www.malaysia-today.net/archives/24183-the-untold-mas-story-part-5)

6. The untold MAS story: part 6 (http://www.malaysia-today.net/index.php?option=com_content&view=article&id=24190:the-untold-mas-story-part-6&catid=71:archives-2009&Itemid=100106)

7. The untold MAS story: part 7 (http://mt.m2day.org/2008/content/view/24191/84/)

8. The untold MAS story: part 8 (http://www.malaysia-today.net/archives/24192-the-untold-mas-story-part-8)

9. The billions that MAS lost: the shit is finally hitting the fan (http://www.malaysia-today.net/mtcolumns/29091-the-billions-that-mas-lost-the-shit-is-finally-hitting-the-fan)

10. UMNO's Corporate Cornucopia (http://malaysia-today.net/mtcolumns/special-reports/35228-umnos-corporate-cornucopia-)

 

Okay, that is certainly a lot of reading so you can read those ten reports above in your spare time (actually there are many more but suffice you read just those ten).

For the benefit of those who would like to cut to the chase or get straight to the bottom line, as they would say, this is what the issue is all about:

1. When Tajudin Ramli took over MAS, the national airline company had RM600 million in cash reserves. When he left MAS seven years later, the national airline company had a hole of RM8 billion, a gap of about RM9 billion. This was revealed in the letter to Prime Minister Abdullah Ahmad Badawi dated 26 March 2007 (see item 8 above).

2. The police investigation led by CCID chief, Ramli Yusuff, revealed a high level of fraudulent transactions, breaches of fiduciary duties, and breaches of various statutory duties. He then recommended that action be taken against Tajudin Ramli.

3. The basis for launching this investigation were the two police reports that MAS made -- Dang Wangi Report No. 347/02 dated 4 January 2002 and Dang Wangi Report No. 12532/05 dated 4 May 2005.

It appears like this was an airtight case against Tajudin Ramli. So why would the government want to drop its case against him?

Well, probably this article would explain why (http://malaysia-today.net/mtcolumns/34253-umnos-hands-in-every-pie).

According to Tajudin Ramli: "At all material times, I was acting as a nominee and agent of the Government and in the performance of a public duty and I was bound to act under the instructions and directions from the government."

Yes, that was what he signed in his Affidavit of 18 April 2006.

So can you see why the government has to drop its case against Tajudin Ramli? If they proceed with the case and this matter is argued in court, then the whole world will know that Tajudin Ramli is just the 'Ali Baba' front for some hidden hands who have thus far managed to remain hidden. However, once the hearing starts, then the 'hidden hands' would no longer remain hidden, just like the 'hidden hands' behind Anwar Ibrahim's Sodomy 2 matter who are slowly being brought to the surface.

Hmm…I remember many saying that these untold stories on MAS are a figment of my imagination and pure fantasy. Do you still think this is a fantasy story and a product of my imagination going into overdrive?

Yes, justice may be delayed, but it can never be denied. As I have always said, in Malaysia, 90% of rumours are always finally proven as fact in the end. And that is why Malaysians believe in rumours.

I suppose when Anwar is subjected to the 'guilty unless you can prove your innocence' rule, we too can apply the same rule and say that: you are guilty unless you can prove your innocence.

The evidence points to a verdict of guilty. Let the government now prove that it is not guilty but innocent. Until then, I stand by what I said two years ago. And the fact that the government wants to drop this case and sweep everything under the rug just enhances the suspicion of guilt.

Over to you, Nazri, and let truth be told. After all, we are not supposed to lie during the fasting month, isn't it? Or can we?

 

WIKILEAKS: PM ABDULLAH REGROUPS, REAFFIRMS UMNO ELECTION PLAN

Posted: 11 Aug 2011 01:00 AM PDT

Beginning September 22, Opposition leader Anwar Ibrahim's camp circulated two streams of rumor in what - in the absence of more information - appears to be a continuation of psychological warfare against UMNO and the National Front (BN) government. On September 22, Anwar advisor Khalid Jaafar whispered to us during a reception at the Ambassador's Residence that Anwar would meet the King on September 23 to discuss the parliamentary majority that Anwar alleges he now has and the formation of a new government.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000847

 

SIPDIS

 

FOR EAP, EAP/MTS AND INR

 

E.O. 12958: DECL: 09/19/2028

TAGS: PGOV, PREL, PINR, MARR, KDEM, MY

SUBJECT: PM ABDULLAH REGROUPS, REAFFIRMS UMNO ELECTION PLAN

 

REF: A. KUALA LUMPUR 833 - SEPT 18 SETBACK

     B. KUALA LUMPUR 821 - ABDULLAH TAKES DEFENSE MINISTRY

     C. KUALA LUMPUR 815 - SEPT 16 ANTI-CLIMAX

     D. KUALA LUMPUR 810 - UPROAR OVER ISA

 

Classified By: Political Section Chief Mark D. Clark, reason 1.4 (b and d).

 

Summary and Comment

1.  (C) Embattled Prime Minister Abdullah Badawi claimed support from state-level officials of his ruling United Malays National Organization (UMNO) for his re-nomination as party president, in an effort to bounce back after some national UMNO leaders on September 18 urged the PM not to contest in the December party poll.  Subsequently, Abdullah again affirmed his commitment to seek reelection together with Deputy Prime Minister Najib Tun Razak, while other senior UMNO leaders reiterated calls for Abdullah to step down. 

On September 22, Anwar's camp spread news that the Opposition leader would meet the King the following day; we have no information to suggest such a meeting took place.  PM Abdullah said reports that he was in indirect talks with Opposition leader Anwar Ibrahim over a transfer of power were "rubbish;" Anwar also issued a public denial and advocated caution.

2.  (C) Comment:  Rapidly approaching the Muslim holiday period beginning October 1-2, and the October 9 start of the party's divisional meetings, the UMNO leadership crisis remains critical and unresolved.  Reports of Anwar Ibrahim meeting the King or opening up a third-party channel to negotiate with PM Abdullah do not appear credible. 

Anwar's most recent pronouncements sound a cautious tone and avoid setting deadlines for bringing down Abdullah's government, and it is unclear how far Anwar Ibrahim can push his agenda before the end of September.  End Summary and Comment.

Abdullah Claims State-Level Backing

3.  (SBU) PM Abdullah traveled to Perak and Kelantan states and held meetings with some UMNO state-level leaders over the September 20-21 weekend in an attempt to regroup support for his re-nomination as UMNO president following his setback in the heated UMNO Supreme Council meeting on September 18.

(Note:  Some prominent UMNO national leaders during the September 18 meeting reportedly warned Abdullah he would not get sufficient nominations from the UMNO party divisions and urged him not to seek reelection in the December party polls, ref A.  End Note.

On September 23, Abdullah held a late night meeting with the UMNO liaison chiefs from nine states, with Johor, Sabah and Teraengganu not represented (along with Sarawak, which does not have an UMNO branch). 

Following the meeting, a senior aide to Abdullah told reporters that the Prime Minister had received the strong endorsement of the party's state chiefs for his transition plan, which involves PM Abdullah and DPM Najib's reelection in December, and transfer of power from Abdullah to Najib by June 2010.  Other UMNO participants in the meeting noted a "unanimous" decision in favor of the 2010 transition plan.

4.  (C) Comment:  By going to the state level, and reporting strong endorsement from state leaders, Abdullah sought to counter criticism from national leaders that he would not receive sufficient backing for his reelection.  State liaison chiefs are appointed by the party president -- Abdullah -- and thus largely beholden to him, but they also exercise important political power among their respective state's party divisions.  End Comment.

5.  (SBU) After remaining awkwardly quiet on September 19, the Prime Minister's spin machine operating through the mainstream media and some on-line news portals, like The Malaysian Insider, started up again on September 20.

Reporting from government sources and associated commentary reaffirmed that Abdullah was moving ahead with the joint ticket with Najib, and that the transition plan remained on track and was not likely to be derailed.

Open UMNO Split Continues

6.  (SBU) As Abdullah reaffirmed his transition plan and intention to seek reelection, senior UMNO leaders Muhyiddin Yassin and Tengku Razaleigh Hamzah adamantly stuck to their positions that Abdullah should step down by December.  On September 23, Razaleigh issued a lengthy condemnation of UMNO's undemocratic power politics and the party's failure to reform:  "We cannot afford to allow these disturbing trends to play out their destructive course while we suffer a de facto leadership vacuum..." (full text forwarded to EAP/MTS).

DPM Najib, who departs the evening of September 24 for the UN General Assembly, largely avoided comment, feeding local perceptions that he is attempting to keep some room open to receive party nominations for president, possibly with Muhyiddin as his number two. 

Former Prime Minister Mahathir continued his attacks against Abdullah, and heaped blame on Najib for facilitating Abdullah's continuation in office.

Opposition Rumors; Anwar's Caution

7.  (C) Beginning September 22, Opposition leader Anwar Ibrahim's camp circulated two streams of rumor in what - in the absence of more information - appears to be a continuation of psychological warfare against UMNO and the National Front (BN) government.  On September 22, Anwar advisor Khalid Jaafar whispered to us during a reception at the Ambassador's Residence that Anwar would meet the King on September 23 to discuss the parliamentary majority that Anwar alleges he now has and the formation of a new government.

Other rumors of Anwar meeting with the King and other Royals persist in Kuala Lumpur.

8.  (C) On September 23, Tian Chua, Anwar's information chief, publicly announced that the Opposition had opened negotiations with Prime Minister Abdullah through a third-party channel.  PM Abdullah immediately dismissed this claim, calling it "rubbish." 

Anwar later issued a statement referring to Tian Chua's remarks as "misinformed."  Avoiding setting any new deadlines for toppling the government, Anwar in his statement said, "We will proceed cautiously towards our goals and we agree neither to be provoked into hasty action nor to take an irresponsible approach that would lead to instability and greater uncertainty in the country."

(Comment:  Earlier on September 23, the GOM confirmed two years detention without trial under the Internal Security Act for controversial blogger Raja Petra, septel.  Opposition leaders continue to tell us that they seek to avoid creating a pretext for the government to arrest them under the ISA. End Comment.)

RAPSON

 

WIKILEAKS: ANWAR IBRAHIM'S SODOMY TRIAL II - A PRIMER

Posted: 09 Aug 2011 01:00 AM PDT

Most observers conclude that a conviction in Anwar's case, one upheld on appeal, would essentially end Anwar's political career given the legal penalties and Anwar's age (62). According to the Federal Constitution, a member of Parliament will be disqualified from holding his seat if he is convicted of an offense and sentenced to imprisonment for a term of not less than one year or to a fine of not less than US $570 (RM 2,000) and has not received a free pardon.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L SECTION 01 OF 07 KUALA LUMPUR 000529

 

SIPDIS

 

FOR EAP/MTS

 

E.O. 12958: DECL: 07/01/2019

TAGS: PGOV, PHUM, KDEM, KJUS, MY

SUBJECT: ANWAR IBRAHIM'S SODOMY TRIAL II - A PRIMER

 

Classified By: POLITICAL COUNSELOR MARK D. CLARK, REASON 1.4 (B AND D).

 

Summary and Comment

1.    (C) Malaysian Opposition leader Anwar Ibrahim will go on trial beginning July 8 on charges of sodomy -- a criminal offense in Malaysia -- with a former aide.  Anwar was previously tried and convicted of sodomy in 2000 in a heavily manipulated trial that the U.S. concluded "was marred by deep flaws in the judicial process."  The verdict was overturned on appeal in 2004. 

Senior Malaysian authorities were very aggressive in handling the present case during the initial period of June-September 2008, but, coinciding with the passing of Anwar's deadline to bring down the government through Parliamentary cross-overs, have since taken a more measured "rule-of-law" approach in public.  Authorities have not taken all the legal and extra-legal measures available to them, for example, to challenge Anwar's bail provisions or resolve an earlier impasse regarding the court venue.

Anwar's conviction in this trial, which may last many months, could end his political career; the judge would decide whether Anwar would remain free pending an appeal.  This cable provides a primer for the Department's reference, including background on the 2000 conviction and the present case, a synopsis of the specific legal charges and penalties, a summary of likely evidence to be presented in court, and three possible scenarios for the trial.

2.  (C) Comment:  The issue of the specific actions between Anwar and his aide will play out in court and, we suspect, in a very sensationalistic fashion.  The facts surrounding the case, however, make a compelling argument that the government's prosecution of the case is foremost a political act against the Opposition leader. 

Whether the incident in question was wholly concocted or has some basis in fact, the case is not part of a morals campaign or a normal criminal matter and has been the subject of extensive political interference and manipulation.  As one consequence, much of the Malaysian public remains deeply sceptical about the government's prosecution of Anwar Ibrahim. 

Anwar's flawed trials in 1998-2000 produced a public uproar and attracted international condemnation; in today's information-intensive environment, such effects may be exacerbated depending on events in court.  Embassy will provide draft press guidance for the Department's consideration prior to the July 8 trial date.  End Summary and Comment.

Sodomy Case I, 1998-2000

3.  (SBU) Under the government of former Prime Minister Mahathir, Anwar Ibrahim was charged and convicted of sodomy (and abuse of power) in a sensationalistic trials in 1998-2000, directed and heavily manipulated by Mahathir against his former deputy.  Anwar was charged with sodomizing his wife's driver. 

During his pre-trial detention, Anwar was beaten by the then Inspector General of Police.  The High Court convicted Anwar of sodomy in August 2000 and sentenced him to nine years imprisonment. 

The U.S. expressed deep concern with the first sodomy trial, noting "that the trial and (Anwar's) resulting conviction and nine-year jail sentence were marred by deep flaws in the judicial process."

After Mahathir stepped down in favor of Abdullah Badawi, the Federal Court overturned the conviction in September 2004 and released Anwar from prison (Anwar's separate conviction for abuse of power remained in place).  The Federal Court found there were "many unusual things that happened regarding the arrest and confession" of certain prosecution witnesses, including the fact that Anwar's driver stated that he was paid to make the allegations against Anwar. 

In an unusual move and possible political compromise, the Federal Court judges included in their judgment the conclusion that there was evidence to confirm "the appellants were involved in homosexual activities," but added that the prosecution failed to prove the alleged offenses beyond reasonable doubt.

Because Anwar's conviction on the separate charge of abuse of power was not overturned, he was barred from political office until April 2008.

Sodomy Case II, 2008

4.  (SBU) Less than four months after Anwar Ibrahim's People's Justice Party (PKR) and its opposition partners made significant advances in the March 2008 national elections, and three months after Anwar became eligible for political office, an aide to Anwar, Mohd Saiful Bukhari Azlan, filed a police report on June 28, 2008, alleging that he had been forcibly sodomized by Anwar on several occasions. 

The following day, Anwar took refuge in the Turkish ambassador's residence, claiming that he feared a repetition of his 1998 arrest and for his personal safety.  He remained with the Turkish ambassador for only one day, departing after public assurances of his safety from the Foreign Minister and Home Minister. 

In the midst of a highly charged political atmosphere, which included Anwar's claims that he could bring down the government through Parliamentary defections by September 16, 2008, and new allegations linking then DPM Najib with the Altantuya murder case, the police investigation proceeded. 

It came to light that Saiful had had contact with the office of then DPM Najib prior to working with Anwar, and more significantly Saiful had met with Najib (and allegedly his wife Rosmah) at Najib's home just prior to filing his police complaint. 

Najib first denied publicly he had any connection with the case, and then acknowledged meeting Saiful, an admission that preempted internet reports about to be released by blogger Raja Petra (who is now a fugitive from sedition charges).

5.  (SBU) As authorities made known their intention to arrest and charge Anwar for sodomy, Anwar's lawyers arranged for his voluntary appearance before police for questioning and charging.  Contrary to the agreement, on July 16, police in commando-style outfits waylaid Anwar's convoy en route to the police station and arrested him on the street.  Police questioned Anwar, took him to a hospital to provide a DNA sample (which Anwar refused, citing lawyers' advice and fear of "manipulation"), and held him overnight.  Anwar was released on police bail by a magistrate on July 17.

The Charges

6.  (SBU) On August 7, 2008, prosecutors charged Anwar Ibrahim before a Sessions Court under Section 377B of the Penal Code, which reads:  "Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years and shall be liable to whipping."  Section 377A of the Penal Code defines "carnal intercourse against the order of nature" as including sodomy. 

Prosecutors specifically charged Anwar with the sodomizing of Saiful Bukhari Azlan at a Kuala Lumpur condominium (owned by Anwar's friend) on June 26, 2008.

Although Saiful originally claimed he was forcibly sodomized on several occasions, the prosecutors chose not to pursue charges against Anwar under a separate Penal Code section (377C), which pertains to non-consensual sodomy (with a higher burden of proof), and also to focus on only one alleged incident. 

It is important to note that under Malaysia's legal system, prosecutors may amend the charges during the course of the trial.  Saiful himself does not face charges for the alleged acts.  The Court ordered Anwar to remain free on a personal bond of US $5,700 RM 20,000 and did not impose other restrictions (for example, Anwar has been free to travel abroad and has done so on many occasions since August 2008).  The government did not attempt to dispute or revoke the bail provisions.

Wrangle and Delay over Court Venue

7.  (SBU) Following Anwar's formal charging, and with Anwar's 9/16 deadline looming in the background, prosecutors quickly moved to transfer the case from the Sessions Court to the High Court. 

The prosecution argued on September 10, 2008, that such an important case with possibly complicated legal issues should be dealt with at the High Court and produced a certificate signed by the Attorney General to move the case, which under normal circumstances automatically results in a transfer. 

However, Anwar's lawyers objected to the transfer out of concern that the more politicized High Court level would result in a pro-prosecution judge hearing the case, as happened during the first sodomy trial in 1999-2000. 

In November 2008, independent-minded Sessions Court judge Komathy Suppiah rejected the certificate of transfer, noting that Attorney General Gani Patail faced allegations of evidence tampering in Anwar's 1998 case and the transfer order signed by the AG would "undermine the public perception of the judiciary."

8.  (C) Judge Komathy was overruled in March 2009 by High Court judge Mohamad Zabidin Md Diah who decided the Sessions Court has no authority to refuse the Attorney General's transfer order; Zabidin himself was then assigned to preside over the sodomy trial. 

Anwar's lawyers filed an appeal against the transfer; the Court of Appeals only began to hear the appeal on June 30; based on precedent, Anwar's camp admits the appeal has little chance of success.  Zabidin initially attempted to schedule the trial to begin in May 2009; defense lawyers argued they needed more time and hoped their appeal would be heard prior to the trial. 

(Note:  The High Court often takes one to two years before setting trial dates in normal criminal cases.  End Note.

Zabidin subsequently set the trial to begin on July 1.  Anwar's lawyers filed an application to compel the prosecution to provide them with full documentation and evidence that will be introduced at the trial, which the prosecution has thus far failed to do in apparent violation of the Criminal Procedure Code. 

With the hearing on the disclosure of evidence set for July 1 (now pushed back to July 3), Judge Zabidin postponed the trial start to July 8.  The judge originally specified a three-week duration for the trial, but lawyers assume that the trial will take many months to conclude.

The High Court Judge

9.  (C) High Court Judge Mohamad Zabidin Md Diah is a lawyer by training.  After private law practice, he joined the judicial service as a Sessions Court judge and was elevated to judicial commissioner in 2004.  After two years on contract, Zabidin was promoted to become a permanent High Court judge in 2006. 

Zabidin is not a well-known judge and is not associated with high profile or controversial judgments, according to our senior legal contacts.  Anwar's lawyers allege that Zabidin is beholden to the government and will favor the prosecution; the judge's unusual rush to bring the case to trial is viewed by the defense as an early indication of his bias.

Government Switches Gears

10.  (C) Senior government and UMNO party officials adopted a very aggressive public and private approach to the Anwar case during the June-September 2008 period.  This included frequent, prejudicial statements in public, and strong claims in private to other politicians and diplomats regarding Anwar's guilt. 

This intensive phase encompassed the initial news of the allegations and Anwar's formal charging, but also Anwar's own aggressive political posturing and claims that he could bring down the government by September 2008 through Parliamentary crossovers. 

After Anwar's deadline passed in September, and after resolution of the UMNO leadership battle in favor of Najib's succession in October 2008, we observed a definite toning down of the Government's approach, and a shifting to a lower gear.  For example, we did not hear reports of government intervention to quickly resolve the matter of the court venue, which effectively delayed the prosecution by some seven months. 

Anwar's bail provisions remained in place and unchallenged.  Public statements by senior government officials, outside of by-election campaigns, became infrequent.  This toned down approach has continued through the present; it would fit within a hypothetical decision to demonstrate that the trial is a law enforcement matter, rather than a political battle. Regardless, it is clear that the government has not taken all the legal and extra-legal steps against Anwar that it could have since September 2008.

GOM Confidence:  Waning or Recalculating?

11.  (C) Many of our government and UMNO contacts have insisted to us, emphatically so in the early months of the case, that the evidence against Anwar is very conclusive, often hinting at video footage and physical evidence like DNA (see below). 

Recently, some contacts sympathetic to Anwar but not part of his team claimed the government over time had become less certain it had sufficient evidence to convict Anwar. 

According to one unconfirmed account, in June several key aides to PM Najib advised him to drop the case against Anwar because the evidence was not strong enough for an easy conviction and the political cost of forcing through a guilty verdict would be too high.  It is also possible that the toned down rhetoric from the government has been misinterpreted as uncertainty on the authorities' part.

Evidence at the Trial  

12.  (C) Based on available information, we believe the following evidentiary aspects will feature in Anwar's trial:

Saiful's complaint:  The testimony of Saiful is central to the government's case, and he is expected to take the stand. Saiful has continued to assert that he was forcibly sodomized, although the charges under Section 377B do not require proof of a non-consensual act; given his youth (age 23) and physical size, Saiful will need to explain specific circumstances of the incident to support his assertion of rape.

Medical reports:  As publicly revealed by defense lawyers, Saiful underwent two medical examinations on June 28, 2008, just prior to lodging a police report.  The first examination by a Burmese doctor at a local hospital concluded there was "no conclusive clinical findings" suggestive of sodomy, and the doctor recommended he be examined at a government hospital in line with police procedures in such cases.

(Note:  The Burmese doctor briefly left Malaysia after being held for questioning by police.  End Note.

The second examination at the police-approved government hospital also failed to uncover medical evidence of sodomy, according to copies of hospital reports released by the defense.

DNA:  The defense team believes prosecutors will introduce DNA evidence, based on DNA samples held by the police since 1998, and are preparing expert witnesses.  The government's hurried passage in Parliament of a DNA bill, approved by the lower house on June 23, is widely seen as tied to the Anwar trial and will permit the government to utilize the 11-year old samples.  The defense could claim the samples were planted, as is widely believed to be the case in Anwar's earlier prosecution.

Anwar's alibi:  Anwar's lawyers claim that five persons will testify that Anwar was with them at the time of the alleged incident.  They also claim that police attempted but failed to intimidate some of these defense witnesses to change their accounts.

CCTV:  The prosecution may use CCTV footage from the condominium where the alleged incident took place to confirm Anwar's presence at a specific date and time.

Character witnesses:  As happened in the 1999 case, it is very possible that prosecutors introduce witnesses to attack Anwar's character and actions aside from the alleged 2008 sodomy incident.  There are unconfirmed reports that the prosecution will call 30 witnesses to the stand.

Defense witnesses (PM Najib and wife Rosmah?):  In an effort to demonstrate the political motivation in the government's case, defense lawyers could call PM Najib, his wife Rosmah, and other senior officials such as Najib's aide Khairil Anas Yusof who appear connected to the case (Najib and Rosmah because they met Saiful and discussed his reporting to the police).  While this will make for momentary drama, we expect the judge to disallow such moves.

Bail and other Conditions during the Trial

13.  (C) Anwar's legal team has expressed concern that the prosecution may apply to revoke the personal bond that allows Anwar to be free pending the trial or seek to impose other conditions, such as impounding his passport or restricting his movement to within Kuala Lumpur. 

The lawyers acknowledge that there is not a strong precedent for overturning the existing bail decision.  In several recent politically-charged court cases, however, Malaysian judges have ignored precedent decisions.

(Note:  We have no information on the prosecution's intentions in this matter. End Note.)

What if Anwar is Convicted?

14.  (C) Most observers conclude that a conviction in Anwar's case, one upheld on appeal, would essentially end Anwar's political career given the legal penalties and Anwar's age (62).  According to the Federal Constitution, a member of Parliament will be disqualified from holding his seat if he is convicted of an offense and sentenced to imprisonment for a term of not less than one year or to a fine of not less than US $570 (RM 2,000) and has not received a free pardon.

This stipulation comes into effect after all appeals are exhausted (at the Court of Appeals and Federal Court).  The constitution also provides that a convicted person can only be active in politics after five years from the date of his release from prison.  At age 62, a second conviction could effectively bar Anwar permanently from political life.  In the event of a conviction, Anwar will certainly appeal. 

The judge will decide whether Anwar remains free pending appeal or immediately goes to jail.  While officially remaining a Member of Parliament pending the final outcome, he would be unable to operate from prison as the Opposition leader.

Political Interference and Manipulation

15.  (C) The issue of the alleged actions between Anwar and Saiful will play out in court, and sodomy, even a consensual act, is a crime under Malaysian law.  The facts surrounding the case, however, make it clear that the government's prosecution of the case is foremost a political act against the Opposition leader. 

The Malaysian government does not aggressively prosecute cases of sodomy; we find record of some 55 cases since 1991, or an average of 3 per year.  The vast majority of such cases involve adults assaulting minors.

Anwar's prosecution is not part of a morals campaign.  The GOM does not aggressively target non-heterosexual behavior; if it did so, a recent cabinet minister, senior staff associated with PM Najib and other prominent citizens linked to the government also would find themselves under investigation.

16.  (C) Aside from the immediate comparison with Anwar's previous prosecution for sodomy, which was grossly manipulated by former Prime Minister Mahathir, the indications of political interference and manipulation in the present case are compelling; much of the information is in the public realm.  Collateral reporting, not addressed here, provides further substantiation.

Najib connection:  Keeping in mind that Najib and Anwar remain bitter enemies, it is striking that Najib met personally with the complainant Saiful prior to the police report, and allegedly arranged for Saiful to have intensive contact with senior police officials in the days before he filed the complaint.

Senior officials' involvement:  From the very early stages, the senior-most officials in the government, including then PM Abdullah, current PM Najib, cabinet ministers, the AGO and national police chief (the latter two having played important roles in Anwar's 1998-1999 flawed trials) and officials of the ruling UMNO party have been intimately involved in decisions regarding the case, according to Embassy contacts and publicly available sources. 

Despite the current toned-down government approach, and emphasis that the Anwar trial is a normal law enforcement matter, senior-most executive and UMNO party officials continue such a directing role.

Leakage of information:  Senior government leaders provided law enforcement information on the case to leaders of Anwar's coalition partner, the Islamic Party of Malaysia (PAS), in an unsuccessful attempt to split PAS from the opposition.  A recent internet report claims that the government has provided some government-directed press editors with a "sneak preview" of evidence against Anwar.

Public statements:  From the initial public reports of the complaint against Anwar in June 2008 to Anwar's election to Parliament in August 2008, PM Abdullah and other senior leaders spoke publicly and frequently about Anwar's alleged crime and the need for justice, and the case featured prominently in the parliamentary campaign against Anwar.

There have been far fewer statements since September 2008, except during by-election campaigns.

Press:  The Government-directed mainstream press, which includes all major dailies and all TV stations, provided extensive coverage of Saiful's allegations while severely limiting reporting on Anwar's response during the heated period of June-August 2008.

Alleged intimidation:  The police detained for questioning the doctor who first examined Saiful, causing him to leave Malaysia temporarily out of concern for his safety.  Police also pressured the hospital in question to hold a press conference to state that the doctor was not qualified to conduct such an examination, according to our sources.

According to defence lawyers, several of their witnesses have been threatened by police in an effort to change their testimony.  The Imam for the Federal Territories (including Kuala Lumpur and the administrative capital Putra Jaya) claimed publicly that he was forced to witness an "improper" Islamic oath taken by Saiful; he was subsequently sacked by the Prime Minister's Department.

Customized Legislation, the DNA bill:  The government hurriedly prepared a bill on DNA evidence, following shortly after Anwar's refusal to provide a DNA sample at the time of his arrest, which compels suspects to provide samples and allows authorities to utilize previously stored samples in new criminal cases.  The government originally introduced the bill in August 2008 and voted it through the lower house only on June 23, 2009; several steps remain before it becomes law.

Public Scepticism

17.  (C) In the run-up to Anwar's August 2008 arraignment, public opinion polling conducted by the Merdeka Center, Malaysia's most respected opinion survey group, revealed that a preponderance of Malaysians believed the charges against Anwar were unjust, indicating a deep public scepticism regarding the government's case. 

We understand that new polling on this question will be released before the July 8 trial date.  Pollsters have informed us that the new data continues to reflect widespread public suspicions.

Reportedly, only 15 percent of ethnic Malays and 10 percent of Malaysians overall believe Anwar's prosecution to be justified.  Outside of government circles, many Embassy contacts, including those who give credence to rumors of Anwar's personal life, take it as a matter of fact that the government is prosecuting Anwar for political reasons. 

In a public statement made on June 24, former Bar Council president (and U.S. Woman of Courage awardee in 2009) Ambiga Sreenvasan urged the government to drop the charges against Anwar in order to restore credibility to PM Najib's ruling coalition.

Scenarios

18.  (C) When viewed as a political matter, a number of potential scenarios for the Anwar prosecution present themselves; below we review three that are most apparent.  In these scenarios we assume that Najib will exercise the deciding voice on how and whether to proceed, though he also will need to weigh the opinions of other UMNO ruling party elites.

-- Conviction at all costs:  Based on an assessment that Anwar is a threat to UMNO's continued rule at least at the time of the next national elections, Najib and UMNO elites decide that the political costs of prosecuting Anwar are acceptable and pursue the matter aggressively inside and outside the courtroom with the overriding goal of convicting Anwar and removing him permanently from politics. 

While asserting that this is purely a law enforcement matter, the government exerts political pressure as necessary, accepting reputational risks in the process, and achieves a conviction after months of high-profile drama in the courtroom.  The courts hear and reject Anwar's appeals in an expedited manner, well ahead of the next national elections in 2012 or 2013. 

This scenario appeared to be in play during the initial months of the case and in the lead up to Anwar's September 2008 deadline to overturn the ruling coalition's majority; it has been less apparent since then.  Recalling the deep personal animosity between Najib and Anwar, and the singular importance of Anwar to the opposition coalition, this scenario remains plausible, even though Anwar's immediate threat to UMNO's rule has passed.

-- Merits of the case, reputational damage:  In a second scenario, the government proceeds with the prosecution but refrains from exerting undue pressure to achieve conviction, believing that the evidence presented and/or the court proceedings themselves will sufficiently damage Anwar's reputation and this will outweigh harm to the Najib administration's credibility. 

Conviction remains the desired outcome, supported by sufficient evidence, but the government accepts some risk of a final verdict of innocence after all appeals are heard.  This scenario rests on the assumption of sufficiently clear evidence against Anwar that will swing public opinion in favor of the government even in the event of an eventual acquittal.  Absent greater information on the government's evidence against Anwar, it is difficult to judge the prospects for this scenario.

-- Withdrawal:  In a third scenario, Najib and UMNO elites decide that the government's case is not strong enough to pursue, entails unacceptable political costs, or is no longer necessary because of the diminished threat from Anwar.  The government withdraws the charges prior to the trial start of July 8, or shortly after the trial begins, possibly under conditions of "discharge not amounting to acquittal."

(Lawyers tell us that such a discharge in theory would allow the government to reactivate the case at a future time, thus maintaining this as a lever over Anwar.) 

Najib, confident that he can beat back an opposition challenge in the next election, attributes the original decision to prosecute to the previous administration of Abdullah Badawi and takes credit for respecting the rule of law in this high profile case involving his determined political nemesis. 

In contrast to 2008, Najib's currently secure position as UMNO leader and Prime Minister, along with Anwar's diminished threat, make this scenario a political possibility, though some UMNO elites and perhaps Najib himself may not want to give up the opportunity to remove Anwar Ibrahim from politics once and for all.

KEITH

 

WIKILEAKS: PROMINENT BLOGGER FLEES SEDITION TRIAL

Posted: 07 Aug 2011 01:00 AM PDT

Poloff met with one of Raja Petra's lead lawyers on April 23. The lawyer disclosed that following Raja Petra's last appearance in court in February Raja Petra's legal team concluded their client would be found guilty and imprisoned under the sedition charges, and informed Raja Petra accordingly. The lawyer claimed that the ruling coalition's political influence over the court proceedings precluded a fair trail. 

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L KUALA LUMPUR 000323

 

SIPDIS

 

FOR EAP/MTS AND DRL

 

E.O. 12958: DECL: 04/29/2019

TAGS: PHUM, PINS, PGOV, KJUS, KDEM, UK, MY

SUBJECT: PROMINENT BLOGGER FLEES SEDITION TRIAL

 

REF: A. 08 KL 990 - RAJA PETRA RELEASED FROM ISA

     B. 08 KL 846 - UPDATE ON RAJA PETRA DETENTION

     C. 08 KL 806 - JOURNALIST DETAINED UNDER ISA

 

Classified By: Political Counselor Mark D. Clark for reasons 1.4 (b and d).

 

Summary and Comment

1.  (C) Prominent blogger and government critic Raja Petra Kamarudin, who was jailed for two months in 2008 under the Internal Security Act (ISA), failed to appear for his sedition trail on April 23, and the court subsequently issued a warrant for his arrest.  A member of his defense team informed poloff that Raja Petra, along with his wife, fled to the United Kingdom about two months ago on the belief that he would face eventual imprisonment for sedition.

2.  (SBU) Comment: Raja Petra, Malaysia's most controversial on-line voice, will continue to be a nuisance to Prime Minister Najib's administration.  Not expecting to return to Malaysia anytime soon, we can expect Raja Petra to ratchet up his criticism and purported exposes during his self-imposed exile.  End Summary and Comment.

Where is Raja Petra?

3.  (SBU) Raja Petra Kamarudin, an outspoken blogger and member of the Selangor state royal family failed to appear at Sessions Court for the continuation of his sedition trial on April 23.  The court subsequently issued a warrant for his arrest.  Raja Petra faced charges under the Sedition Act for articles he posted on his website, Malaysia Today, regarding the high-profile Altantuya murder case and the victim's alleged ties to Prime Minister Najib and his wife.  If convicted of sedition, he faces a maximum sentence of three years in jail.

4.  (U) On April 23, Raja Petra posted on his website his reasons for not appearing in court.  He claimed Malaysian authorities intended to detain him under the ISA, as the Government had done in September 2008 (ref A-C).  He also stated the courts were unable to provide him with a fair trial and noted the government was using sedition charges and criminal defamation charges, in addition to detaining him under ISA, for linking the Prime Minister to the murdered Mongolian national Altantuya. 

Raja Petra also mentioned that he had angered the Selangor royal family with his criticism of the Sultan of Perak related to the ruling coalition's takeover of Perak state government from the opposition, and therefore could not return to Selangor.

Lawyer Confirms Departure for UK

5.  (C) Poloff met with one of Raja Petra's lead lawyers on April 23.  The lawyer disclosed that following Raja Petra's last appearance in court in February Raja Petra's legal team concluded their client would be found guilty and imprisoned under the sedition charges, and informed Raja Petra accordingly.  The lawyer claimed that the ruling coalition's political influence over the court proceedings precluded a fair trail. 

He said that Raja Petra, who holds both Malaysian and British passports, along with his wife had left for the UK some two months ago and remained there.  His departure was kept closely guarded with Raja Petra's closest friends remaining in the dark. 

The lawyer said it was unclear if the Attorney General's Office realized Raja Petra had left Malaysia, as the prosecutor's public statements indicated he was still in the country.  After the court's issuance of an arrest warrant for Raja Petra, and a "show cause notice" for his wife as bail guarantor, some on-line articles suggested Raja Petra was in the UK.

KEITH

 

Now do you understand the difference?

Posted: 06 Aug 2011 07:30 PM PDT

More than 1,000 Malaysians have lost their lives in extra-judicial killings over the last decade or so. Only one man is shot dead by the police and London erupts and transforms into chaos. Yes, it is not so easy for police to take people's lives here in the UK compared to in Malaysia. And this is why we need a civil society movement -- to teach Malaysians not to accept shit from their government.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Riot hits London after police shoot father of four

(Associated Press) -- The gritty north London neighbourhood of Tottenham exploded in anger Saturday night after a young man was shot to death by police.

Two patrol cars, a building and a double-decker bus were torched as rioters clashed with officers in front of the Tottenham Police Station, where people had gathered to demand "justice" for the death of a 29-year-old killed in an apparent gunfight.

"It's really bad," said local resident David Akinsanya, 46. "There are two police cars on fire. I'm feeling unsafe."

Sirens could be heard across the city as authorities rushed reinforcements to the scene. In Tottenham shop windows were smashed as residents looted the stores, pushing shopping carts full of stolen goods down the street.

Officers in riot gear and on horseback pushed up against the demonstrators. Akinsanya put the number of demonstrators at between 400 and 500. Police said there were about 300 people gathered.

Miles from the tourist hotspots of central London, Tottenham is one of the most deprived areas in all of England, with nearly half of all children living in poverty, according to campaigners.

In 1985, Tottenham was the scene of a deadly riot after a local woman suffered heart failure when her home was raided by the police. The Tottenham riots were among the most violent in the country's history, with one officer stabbed to death as he tried to protect firefighters and nearly 60 others were hospitalized.

*******************************

London rioters battle police after shooting protest 

(REUTERS) -- Rioters throwing petrol bombs battled police in a economically deprived district of London overnight, setting patrol cars, buildings and a double-decker bus on fire in some of the worst disorder seen in the British capital for recent years.

About 200 people rained missiles and bottles on riot officers near Tottenham district police station after a street protest over the fatal shooting of a man by armed officers earlier in the week turned violent.

Mounted police and riot officers on foot in turn charged the crowd to push them back.

Eight officers were taken to hospital, one with head injuries, as rioters smashed windows and looted buildings including banks, shops and a supermarket and torched three police cars in the main road near the local police station.

The trouble broke out on Saturday night following a peaceful demonstration over the shooting of Mark Duggan, 29, who was killed after an exchange of gunfire with police on Thursday.

Duggan had been in a taxi when it was stopped by armed officers as part of a pre-planned operation. One policeman escaped unhurt after a bullet struck his radio. Duggan's death is being investigated by the independent police watchdog.

Although there have been riots in other European countries linked to austerity measures to tackle large national debts, London police and local community leaders said anger at Duggan's shooting was the cause of the riot.

Tottenham has a large number of ethnic minorities and includes areas with the highest unemployment rates in London. It also has a history of racial tension with local young people, especially blacks, resenting police behaviour including the use of stop and search powers.

NOTORIOUS RACE RIOT IN 1985

The disorder was very close to where one of Britain's most notorious race riots occurred just over 25 years ago.

In 1985, police officer Keith Blakelock was hacked to death on the deprived Broadwater Farm housing estate during rioting in which around 500 mainly black youths rampaged through the streets, assaulting police, looting and setting fires.

Classford Stirling, a youth worker from Broadwater Farm, said there had been growing anger recently over stop and search practices by police. "It wasn't just black kids. It was the youth in general who are frustrated at the way the police are treating them," he told BBC TV.

"Everybody's now thinking of the way Mr Duggan was shot and they want answers. It's very difficult to turn round and say to them this is the wrong way because they believe this is the only way that they're going to get attention."

Television pictures showed a blazing bus surrounded by rioters and hooded youths pelting an abandoned police car with rocks and missiles. Media reported some locals had to flee their homes to escape the violence. 

While the bulk of the disturbance had been brought under control early on Sunday, pockets of trouble were still erupting nearby. Buildings were smouldering with plumes of smoke billowing across the skyline. 

"The rioting in Tottenham last night was utterly unacceptable," a spokesman for Prime Minister David Cameron said. "There is no justification for the aggression the police and the public faced, or for the damage to property."

Police Commander Stephen Watson said the scenes were "very distressing" for Londoners and perpetrators would be brought to justice. "Our intention ... is to bring things to as swift a conclusion as we can. Our absolute aim is to restore normality."

Local member of parliament David Lammy said: "The Tottenham community and Mark Duggan's family and friends need to understand what happened on Thursday evening when Mark lost his life. To understand those facts, we must have calm."

London also saw riots at the end of last year when protests against government plans to raise tuition fees for university students in the centre of London turned violent with police and government buildings attacked.

During the most serious disturbances last December, rioters targeted the limousine belonging to heir-to-the-throne Prince Charles and his wife Camilla, kicking its doors, cracking a window and reportedly jabbing Camilla with a stick.


 

WIKILEAKS: PRESSURE MOUNTS AGAINST INTERNAL SECURITY ACT (ISA)

Posted: 04 Aug 2011 01:00 AM PDT

The ISA also is subject to misuse for political ends and is an important insurance policy for maintaining UMNO in power. For both CT and political reasons, the GOM will not readily give up the ISA. We doubt that the increased political pressure and seeming swing in public opinion against the ISA, due in part to its misuse in September, will result in the ISA's amendment or revocation in the near future, absent the Opposition coming to power.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

S E C R E T SECTION 01 OF 04 KUALA LUMPUR 001114

 

SIPDIS

 

E.O. 12958: DECL: 12/19/2028

TAGS: PTER, PGOV, PHUM, KJUS, KDEM

SUBJECT: PRESSURE MOUNTS AGAINST INTERNAL SECURITY ACT (ISA)

 

REF: A. KUALA LUMPUR 1026 - DPM NAJIB DISCUSSES ISA

     B. KUALA LUMPUR 990 - RAJA PETRA RELEASED

     C. KUALA LUMPUR 944 - MCA AND GERAKAN CRITICIZE UMNO

     D. KUALA LUMPUR 846 - UPDATE ON RAJA PETRA

     E. KUALA LUMPUR 834 - KOK RELEASED FROM ISA

     F. KUALA LUMPUR 810 - UPROAR OVER ISA

     G. KUALA LUMPUR 806 - JOURNALIST DETAINED UNDER ISA

     H. 07 KUALA LUMPUR 902 - BEYOND ISA

 

Classified By: Political Counselor Mark D. Clark, reason 1.4 (b, c and d).

 

NOTE:  THIS CABLE TRANSMITS AN EDITED VERSION OF KUALA LUMPUR 1102 SENT ON 12/18/08 IN MORE RESTRICTED CHANNELS.  END NOTE.

 

1.  (S) Summary:  The Malaysian government's use of the Internal Security Act (ISA), which allows for detention without trial and is central to the GOM's intelligence-driven CT effort, has come under increasing political pressure over the past three months. 

The GOM's employment of the ISA in September to carry out three politically-motivated ISA detentions unrelated to terrorism sparked unprecedented public criticism.  At least eight component parties from the governing National Front (BN) coalition have since broken ranks with the leading United Malays National Organization (UMNO) and called for amending or abolishing the ISA. 

The opposition party alliance led by Anwar Ibrahim has made the revocation of ISA one of its highest profile policy goals.

In November, a High Court judge delivered a legal blow to the GOM's wide discretion in using the ISA in a ruling that freed blogger Raja Petra, and the GOM is appealing the decision. Prime Minister Abdullah, his deputy and successor Najib and Home Minister Syed Hamid have defended the ISA as essential to national security, while Najib told the Ambassador privately ISA should be retained but used more judiciously.

The GOM released 17 ISA detainees, among them 10 previously linked to terrorist groups, including Yazid Sufaat, from November 5 to December 4.

2.  (S) Comment:  The ISA is the cornerstone of Malaysia's CT effort and has allowed Special Branch to take successful preemptive action against suspected terrorists and their supporters.  Given the GOM's exclusive reliance on the ISA "crutch" and on Special Branch's role, police and prosecutors remain ill-prepared to investigate and bring to trial terrorist suspects (or prosecute other complex criminal conspiracies). 

The ISA also is subject to misuse for political ends and is an important insurance policy for maintaining UMNO in power.  For both CT and political reasons, the GOM will not readily give up the ISA.  We doubt that the increased political pressure and seeming swing in public opinion against the ISA, due in part to its misuse in September, will result in the ISA's amendment or revocation in the near future, absent the Opposition coming to power.

These developments, however, reinforce the conclusion (ref H) that Malaysia cannot take for granted the availability of the ISA as a CT tool in the long run.  It remains in the U.S. interest to encourage and assist Malaysia to develop an approach centered on prosecutions and convictions before an independent judiciary to combat terrorism.

3.  (C) Comment continued:  It is unclear to what extent outside political pressures played a direct role in the GOM's latest release of ISA detainees.  The decisions may have more to do with Syed Hamid's personal exercise of authority as Home Minister.  Syed Hamid has taken a more proactive role as Home Minister, compared to PM Abdullah who held the position through March 2008 and tended not to become involved in details.  End Summary and Comment.

4.  (C) The Malaysian government's use of the Internal Security Act (ISA), central to the GOM's intelligence-driven counterterrorism efforts, has come under increasing political pressure since the September ISA arrests of three persons based on political rather security considerations. 

The September 12 ISA detentions of an ethnic Chinese journalist, an ethnic Chinese Opposition MP (Teresa Kok), and a prominent blogger (Raja Petra Kamarudin) served the ruling UMNO party's immediate political purpose of sending a warning to opposition politicians and those considering defecting from BN, as some UMNO politicians have told us.  This came at a time when Anwar Ibrahim was publicly threatening to bring down the BN government via parliamentary crossovers by September 16. 

The arrests, however, also sparked unprecedented public criticism of the ISA, including from UMNO's ethnic minority partners within BN.  The Malaysian Chinese Association (MCA), the key ethnic Chinese BN component party, reportedly threatened to leave BN unless the GOM released the Chinese journalist; the GOM complied within less than 24 hours (ref F).  Authorities freed MP Teresa Kok after seven days.  Home Minister Syed Hamid ordered a two-year ISA detention period for Raja Petra, who was freed on appeal in November in a surprise court ruling (see below).

5.  (C) Comment:  Unlike his predecessor Mahathir, PM Abdullah refrained from using the ISA for political purposes until December 2007 when police detained five leaders of the ethnic Indian activist group HINDRAF that organized large street protests.  The public viewed the GOM's September 2008 ISA arrests as more transparently political, in part because of the lack of public order concerns.  End Comment.

6.  (C) Political pressure against the ISA did not dissipate following the release of the first two of the three recent ISA detainees.  At least eight component parties from the governing BN coalition of 14 parties have since broken ranks with UMNO and called for amending or reviewing the grounds for the ISA, while several have supported the law's abolition. 

In late September MCA, BN's second largest party, called for "a comprehensive review of the ISA so that it will apply strictly to cases relating to terrorism and subversive elements," and also argued for the introduction of "checks and balances in the use of ISA." 

The leader of the Gerakan party, Koh Tsu Koon, called on the GOM to "abolish the ISA once and for all," and rely on the judicial system instead.

The leader of the Peoples Progressive Party (PPP) also initially called for ISA to be abolished, and on December 1 said PPP would withdraw from BN unless if the ISA were not amended before the next election. 

In response, Prime Minister Abdullah called PPP's bluff and said the small party, which holds no seats in Parliament, could leave BN if it wished. 

BN MPs so far have not backed up their criticism of ISA with action.  In response to a petition circulated in Parliament for the review or repeal of ISA, only one BN MP signed his name.

7.  (C) The opposition party alliance (Pakatan Rakyat, or Pakatan) led by Anwar Ibrahim has vocally condemned ISA as undemocratic and unjust, and made the abolishment of ISA one of its highest profile policy goals.  A number of senior officials from Pakatan's three parties, Anwar's Peoples Justice Party (PKR), the Democratic Action Party (DAP), and the Islamic Party of Malaysia (PAS) were detained under ISA during the era of former Prime Minister Mahathir. 

Not surprisingly, the three parties have vowed to revoke ISA if they come to power. 

"Abolish ISA" was the most prominent theme at PKR's annual party conference on November 29, which Polcouns observed.  The keynote event concluded with a focus on ISA and featured large screens that scrolled through the list of all 60-plus ISA detainees with the several thousand attendees reciting the detainees' names as they appeared.

Well-known blogger Raja Petra, released from ISA detention only days before, mounted the stage as the surprise guest of the grand finale.

8.  (SBU) On November 7, a High Court judge delivered an unanticipated legal blow to the GOM's wide discretion in using the ISA in a habeas corpus ruling that freed blogger Raja Petra. 

The Embassy obtained the full text of the judge's 22-page ruling.  ISA Section 8.B states "there shall be no judicial review in any court" of the Home Minister's exercise of "discretionary powers in accordance with this Act," except for compliance with procedural requirements.

The judge ruled, however, that the Home Minister decisions could not be "unfettered and arbitrary," allowing for the court to consider whether the Minister's ISA detention order was "in accordance with the Act," and its focus on threats to national security, including the national economy; threats to maintenance of essential services; and threats to the public emanating from a "substantial body of persons" who intend to change the government through unlawful means. In the case of Raja Petra, the judge concluded that the grounds for his detention did not fall within the purview of the ISA. 

The government has appealed the ruling and as of mid-December the appeal remains pending.

9.  (C) Many civil society groups took the opportunity over the past three months to highlight their standing opposition to the ISA, as well as other emergency ordinances that allow for detention without trial.  Both conservative and liberal Muslim NGOs called on the GOM to abolish the ISA, as did the inter-faith Consultative Forum that groups the leaders of all major religions except Islam. 

The National Human Rights Commission (SUHAKAM) chairman Abu Talib restated the commission's existing position, namely "detention without trial is against human rights principles; that's why we advised the Government years ago to repeal the ISA."

10.  (C) As questions over the ISA have mounted, Prime Minister Abdullah, his deputy and successor Najib, and other senior UMNO leaders defended the ISA as essential to national security.  In the wake of public criticism over the September ISA arrests, Home Minister Syed Hamid, who has authority under the ISA to approve detention orders, defended the Act as essential and stated clearly that "we have no plans to do away with ISA." 

In early December, Syed Hamid waved off criticisms, arguing that the ISA "has never been abused or used for politics."  He also commented that, "Malaysians sometimes don't know how lucky we are in that we have not experienced what is happening in Mumbai (the terrorist attack) and Bangkok (political unrest) now." 

He said the fact that there have been no post 9/11 terrors attacks in Malaysia was in part due to the ISA.  On December 15, Syed Hamid again publicly defended use of the ISA, stating, "More apt, faster and better to use the ISA... detention under the act is early action to prevent the security of the country from being adversely affected."

11.  (C) DPM Najib, who is anticipated to become Prime Minister in late March 2009, told the Ambassador privately on November 11 that the government continued to need the ISA, "even though there are civil liberty concerns," but should reserve ISA only for those who pose "serious threats, like terrorists" (ref A).  On December 8, PM Abdullah publicly rejected calls for amendments to the ISA.

12.  (SBU) In early December, local and international press reported that the GOM had released 17 ISA detainees from November 5 through December 4.  Of those released, 10 had been held for suspected links to Al Qaeda, Jemaah Islamiyah, and/or the Darul Islam terrorist groups. 

The released terrorist suspects included Yazid Sufaat, who played an important role in Al Qaeda's anthrax development program, according to the 9/11 Commission.  The remaining seven persons released consisted of suspected foreign agents (2 persons), southern Thailand separatists (2), document forgers (2), and prominent blogger Raja Petra, according to an NGO that consistently and accurately monitors ISA detentions.

In his public remarks, Syed Hamid said those recently released ISA detainees had been rehabilitated and no longer posed a security threat to Malaysia.

13.  (S) Note:  Authorities had detained the terrorist suspects for periods between two and (in the case of Yazid Sufaat) seven years, for an average detention period of four years for the ten individuals.  Special Branch relies on a process for rehabilitating ISA detainees, and eventually releasing them under restricted and monitored conditions when judged necessary. 

The GOM has never attempted to prosecute any terrorist suspects, including those held under the ISA. This is due in large part to the fact that the GOM pursues almost exclusively an intelligence approach to CT, as opposed to a law enforcement approach that would involve criminal investigations, collection of legally admissible evidence, and development of cases for prosecution in the courts. 

In 2007, Malaysia amended anti-terrorism provisions in its penal code and criminal procedures code, but authorities have not yet utilized these provisions.  Malaysia also has a poor track record of prosecuting other complex criminal conspiracies, including drug trafficking cases, preferring instead to utilize the ISA and other emergency ordinances to detain suspects without trial.  End Note.

14.  (S) A well-known journalist contacted us in early December and said that officers of the Police Special Branch had complained to him that Home Minister Syed Hamid had ordered the recent releases of terrorist suspects without adequate consultation and in some cases against the recommendation of Special Branch. 

Australian and British diplomats, speaking with Polcouns December 16, stated that Syed Hamid, who is a lawyer by training, personally reviewed the dossiers of ISA detainees and was inclined to approve releases absent compelling justification from the Special Branch.

15.  (C) The Thai embassy contacted Poloff on December 15 to express concern over the release of two ISA detainees (Abdul Rahman bin Ahmad and Mat Tarmizi bin Shamsudin, who apparently are dual-citizens of Malaysia and Thailand) who had been held for their connection to the insurgency in southern Thailand. 

The Thai diplomat said Bangkok considered Abdul Rahman in particular to be a major player in the insurgency.  He noted that those released are required to remain in Malaysia and check in periodically with the police.

The Thai diplomat said he believed the GOM released the detainees in order to diffuse criticism of the ISA.  We learned that the Thai embassy also has contacted other Western embassies (UK, France, Australia) to express concern over the recent ISA releases.

KEITH

 

WIKILEAKS: ANWAR SHIFTS GEARS, NOT GOALS, SAY AIDES

Posted: 02 Aug 2011 01:00 AM PDT

Talks with Razaleigh remain inconclusive because Razaleigh continues to insist on the prospective position of Prime Minister, while PKR estimates that Razaleigh could secure the crossover of only four or five UMNO MPs. Anwar is also maintaining contact with PM Abdullah at this stage, primarily through son-in-law Khairy Jamaluddin, Tian Chua said. Whether members of Abdullah's circle would consider crossing over to Anwar remained an open question.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 000991

 

SIPDIS

 

FOR EAP AND INR

 

E.O. 12958: DECL: 07/16/2018

TAGS: PGOV, PINR, KDEM, MY

SUBJECT: ANWAR SHIFTS GEARS, NOT GOALS, SAY AIDES

 

REF: KUALA LUMPUR 979 - INITIAL REACTION TO U.S. ELECTION

 

Classified By: Political Counselor Mark D. Clark for reasons 1.4 (b and d).

 

Summary and Comment

1.  (C) Opposition leader Anwar Ibrahim has shifted to a less aggressive posture for now, but his goal remains bringing down the UMNO-led government through parliamentary crossovers prior to Deputy Prime Minister Najib becoming the next UMNO party president and Prime Minister, according to top officials in Anwar's Peoples Justice Party (PKR). 

Part of Anwar's strategy entails reaching out to the "losers" in the transition from Prime Minister Abdullah to Najib, including UMNO veteran Tengku Razaleigh.  The PKR officials acknowledged that the government's September arrests of three persons under the Internal Security Act (ISA) had sent an effective warning to those considering switching their support to Anwar. 

PKR officials and Anwar's lawyers assumed the sodomy prosecution against Anwar would move forward, with a trial phase likely beginning by January.  The Opposition was unlikely to support "superficial" reforms that UMNO would try to rush through parliament as part of outgoing PM Abdullah's legacy. 

The Ambassador met on October 30 with Tengku Razaleigh, who complained about his inability to compete in the UMNO nomination process due to money politics and contended that the next UMNO president (Najib) would not necessarily become the next Prime Minister.

2.  (C) Comment:  We currently are witnessing a different tone and pace in the struggle between the Opposition and UMNO following Anwar's unrealized September deadline and the rapid consolidation of UMNO support behind Najib as the next Prime Minister. 

While PKR's rationale for wanting to head-off Najib remains in place, Anwar has lost political momentum for the moment and seems to face increasingly long odds in securing future crossovers.  Anwar's ability to attract the "losers" from the Abdullah-Najib transition remains theoretical.  End Summary and Comment.

Anwar's Less Aggressive Posture

3.  (C) Polcouns met separately with PKR Information Chief Tian Chua and PKR Vice President Sivarasa Rasiah on November 3 and 5, respectively.  Both PKR officials acknowledged that Opposition leader Anwar Ibrahim has shifted to a lower key approach since the passage of Anwar's public September 16 deadline to bring down PM Abdullah's government through the crossover of 30 or more government MPs. 

Compared with September, Anwar is now more focused on consolidating the Opposition People's Alliance (Pakatan Rakyat), which encompasses three parties with often disparate political views:  PKR, the Chinese-dominated Democratic Action Party (DAP), and the Islamic Party of Malaysia (PAS).  As the formal Opposition leader in Parliament, Anwar is devoting attention to Pakatan's actions in parliament and guiding Opposition MPs, most of whom are sitting in the body for the first time.

Crossover Goal Unchanged

4.  (C) Despite his less aggressive public posture, Anwar's goal remains bringing down the UMNO-led government through parliamentary crossovers prior to Deputy Prime Minister Najib Tun Razak becoming the next UMNO party president and Prime Minister, Tian Chua and Sivarasa stated. 

The time horizon has shifted from December to March 2009, in line with the shift in the UMNO party elections, at which time Najib is set to become UMNO president uncontested.  PKR officials reiterated that Anwar and PKR remain focused on preempting Najib's takeover if possible, because they believe Najib would invoke authoritarian measures to scuttle the Opposition before the next national elections. 

In the months ahead, PKR would look for opportunities to weaken support for Najib and the government, for example by criticizing GOM measures in the face of a possible dramatic downturn in the economy following the global financial crisis, or by using new information linking Najib to scandals, like the Altantuya case and the Eurocopter purchase. 

(Comment:  Anwar and other Opposition leaders have taken up such issues in Parliament over the past few weeks.  On November 4, Anwar led a walk-out of Opposition MPs to protest Najib's refusal to allow questions during his presentation of revised budget figures. End Comment.)

Attracting the "Losers"

5.  (C) Anwar does not have enough ethnic Malay MPs ready to join the Opposition, according to both Tian Chua and Sivarasa, without which the Opposition faces unacceptable risks of a harsh government backlash justified on the basis of Malay nationalism. 

Anwar reportedly hopes to attract disaffected UMNO leaders and MPs who are "losers" in the current transition from Abdullah to Najib; most prominent among these is veteran UMNO leader Tengku Razaleigh Hamzah.

Talks with Razaleigh remain inconclusive because Razaleigh continues to insist on the prospective position of Prime Minister, while PKR estimates that Razaleigh could secure the crossover of only four or five UMNO MPs (see notes below from the Ambassador's recent meeting with Razaleigh). 

Anwar is also maintaining contact with PM Abdullah at this stage, primarily through son-in-law Khairy Jamaluddin, Tian Chua said.  Whether members of Abdullah's circle would consider crossing over to Anwar remained an open question.

ISA as Warning to MPs

6.  (C) The two PKR officials acknowledged that the government's September arrests of three persons -- a journalist, an Opposition MP and blogger Raja Petra -- under the Internal Security Act (ISA) had sent an effective warning to those MPs considering switching support to Anwar. (let's mention Petra's release today) 

(Comment:  In early October, UMNO MP Nur Jazlan told Polcouns that the ISA arrests had been "very successful" in achieving UMNO's objective of intimidating MPs who had considered joining with Anwar.  End Comment.)

Sodomy Trial Will Remain a Factor

7.  (C) Sankara Nair, a prominent attorney for Anwar, told us on November 5 that, regardless of maneuvers in the current Sessions Court, it only a matter of time before the government shifted Anwar's sodomy case to the High Court, a more favorable venue for the prosecution. 

Sivarasa, who also serves as one of Anwar's lawyers, believed that the trial phase of the sodomy case would begin in earnest by January.

Neither Sankara nor Sivarasa believed the government would drop the case.

Opposition Unlikely to Support Abdullah's Reforms

8.  (C) The Prime Minister's circle -- through Khairy -- has approached Anwar regarding support for judicial reform measures that would be presented in Parliament soon as part of Abdullah's parting legacy, according to Sivarasa and Tian Chua.  The Opposition, however, was unlikely to support these measures because they did not represent meaningful changes.

The Opposition believed, for example, the proposed changes to the Anti-Corruption Commission would leave the body under firm executive control.  Following the resignation of legal reform Minister Zaid Ibrahim, Nazri Aziz, de facto Minister for parliamentary affairs, led the judicial reform discussions in Parliament, but he lacked credibility.

Anwar and the U.S. Presidential Election

9.  (U) Following his initial remarks of November 5 (reftel), Anwar has continued to comment generally positively on Senator Obama's victory in the U.S. presidential election. Time Magazine highlighted Anwar's remarks on President-elect Obama as the first among those of only 11 prominent world personalities. 

Anwar wrote that, "In Obama's victory are sown the seeds of great expectations that a truly new chapter will be written in the history of the world."  Anwar publicly claimed he had been in contact with Senator Obama.

Ambassador Calls on Razaleigh

10.  (C) The Ambassador met on October 30 with Tengku Razaleigh, who, as the only challenger to DPM Najib for the UMNO presidency, had yet to garner a single UMNO division nomination (he now has one).  Casting himself as a reformer, Razaleigh said that he wished to bring greater democracy and transparency to UMNO, but that he could not compete in the current nomination race in the face of engrained corruption and money-politics. 

Razaleigh said that Najib's coming to power would allow former Prime Minister Mahathir to regain substantial influence within the government.  Razaleigh indicated his relations with Mahathir, his former political rival, remained strained.

11.  (C) While Razaleigh conceded that Najib would win the UMNO contest, he stressed several times to the Ambassador that the next UMNO president would not necessarily become the next Prime Minister, but did not further explain this remark.

Razaleigh speculated that there now existed grounds for PM Abdullah and Anwar Ibrahim to work together, for example on reform measures.  Razaleigh thought that Khairy Jamaluddin currently acted as the go-between for Abdullah and Anwar. Razaleigh acknowledged, as he has publicly, that he continues contact with opposition politicians, but he did not otherwise signal he planned to leave UMNO.

KEITH

 

Have things changed that much?

Posted: 01 Aug 2011 05:58 PM PDT

Well, this later proved true when DAP left the opposition coalition and the opposition got whacked good and proper in the 2004 general election. No doubt each party's interest was 'protected'. But then at what cost? At the cost of the opposition cause and by sacrificing the opposition coalition -- which performed its worst in history in the 2004 general election.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

At a dinner with some friends on Sunday evening, they said that I appear to have changed. Like many of you, they were not Malaysia Today readers back in 2004 when it was first launched. Many, I know, only started reading Malaysia Today around 2007-2008.

Actually, if you read what I wrote 12 years ago back in 1999, you will find that my views have not changed much. For example, even back in 1999 I would whack the opposition coalition, then called Barisan Alternatif. Note that in 1999,  I was working for PKR (then called Parti Keadilan Nasional) in the media unit.

Then,  the DAP people were vilifying me in the late MGG Pillai's website, Sang Kancil, because I criticised DAP on its anti-Islamic State stand. It became so bad that I stopped contributing articles to Sang Kancil and decided to 'boycott' it. 

Anwar Ibrahim, who was then in the Sungai Buloh Prison, used to send me memos telling me how the party leadership was very unhappy with my anti-PAS commentaries. Their rationale was that since PAS is a member of Barisan Alternatif, I can't keep whacking them on the Islamic State issue.

While the DAP people were angry that I whacked them on their anti-Islamic State stand, the PKR people were angry that I whacked PAS on their pro-Islamic State stand. Only PAS appeared unperturbed about my views --  which they probably regarded as inconsequential.

Many viewed this as my 'inconsistency'. They thought that maybe I am a very confused person. I whacked DAP when they opposed the Islamic State and I whacked PAS when they proposed it. They did not understand that it is not because of my inconsistent stand on the Islamic State issue as much as my concern that we needed to look at the bigger picture or 'group interest' rather than the narrower 'own party interest'.

In short, we should do things on consensus rather than focus on just party interest at the expense of coalition interest. If we had gone on like this, Barisan Alternatif would have broken up and the opposition would have lost the gains it made in 1999.

Well, this later proved true when DAP left the opposition coalition and the opposition got whacked good and proper in the 2004 general election. No doubt each party's interest was 'protected'. But then at what cost? At the cost of the opposition cause and by sacrificing the opposition coalition -- which performed its worst in history in the 2004 general election.

Anyway, I wrote the following article called 'Tengku Razaleigh: the last Malay gentleman' five years ago on 5th June 2006. Maybe this article can demonstrate what I mean.

************************************** 

Tengku Razaleigh: the last Malay gentleman

Those aligned to Anwar Ibrahim feel I am very harsh towards him. Those aligned to Tun Dr Mahathir Mohamad also feel I am very harsh towards him. Those aligned to Najib Tun Razak feel I am very harsh towards him as well. And of course, when it comes to Khairy Jamaluddin, he himself feels I am just too brutal.

Those from the Islamic Party of Malaysia (PAS) cringe whenever I write about their party. But they do not really make a big case out of it. They just whisper into my ear that maybe I am being a bit unfair in what I write. Some even tell me, "Fair comment and comments which our leaders should take note of!"

Those from the Democratic Action (DAP) say they do not mind that I criticise their party. I do not know whether they are just being diplomatic and are trying to give an impression that they are truly democratic and respect freedom of speech, but I am inclined to take what they say at face value.

The Peoples' Justice Party (keADILan) however does not hold its punches. Its Information Chief has issued a press statement 'disowning' me and distancing the party from Malaysia Today.

And of course we need not even mention Umno or Barisan Nasional that have been the brunt of my attacks for many long years, long before Anwar was ousted from power and in the days when he was still being touted as the next Prime Minister of Malaysia -- though in my writings in Harakah back in 1996 and 1997 I did say that this would never happen, and also gave my reasons on why I said so.

Some say I am not consistent. They do not know whether I am coming or going. One day I swing this way and, another, the other. They feel that maybe it is because I am a loose cannon -- and a loose cannon is called a loose cannon because it rolls all over the deck, shoots in all directions, and sometimes shoots its own ship as well. A loose cannon is loose only because it is not tied down and would roll in tandem with the roll of the ship.

Nevertheless, whether I am viewed as inconsistent, or a loose cannon, one thing you can be sure of, I am consistently shooting and everyone sooner or later gets shot. That is my consistency. But then there are some who have been spared my attacks -- those I have great respect for and look up to, though many others may not share my view on them. 

And who are these people?

There are many -- Fadzil Noor, Hadi Awang, Nik Aziz, Mustaffa Ali, Husam Musa, Tengku Razaleigh Hamzah, Ibrahim Ali, Shahrir Samad, Lim Guan Eng, Ronnie Liu, Dr Siti Mariah, Dr Lo' Lo' Ghazali, Dr Hatta Ramli, and many, many more. This list is in fact endless. However, not necessarily in order of priority, today I would just like to talk about Tengku Tan Sri Razaleigh Hamzah.

Tengku Razaleigh is one of the few remaining Malay gentlemen as far as I am concerned. And Tengku Razaleigh, as far as I am concerned, became Prime Minister in 1987 but was prevented from taking office due to a brilliant coup launched by the Dr Mahathir Team A camp.

Many say that Tengku Razaleigh has no pendirian (principles). They say he left Umno to form the opposition Semangat 46, then closed down the party and rejoined Umno when he realised he was going nowhere as an opposition leader. He rejoined Umno because all he wanted was power and this can only be acquired in Umno, not in the opposition.

Well, first of all, Tengku Razaleigh did not leave Umno. Umno left him. To be exact, Umno was deregistered or closed down and a new party was formed, also called Umno, or rather Umno Baru. It is just coincidental (or maybe intentional) that the new party was also called Umno. It could have been called anything, but the fact that it was called Umno confused many who thought that Umno Baru was still Umno. It is not.

When the new party was formed, Tengku Razaleigh and his group were not 'invited' to join it. They were left out in the cold, so Tengku Razaleigh had no choice but to also form another party as a platform to continue with what he was trying to achieve. And he called this party Semangat 46 or 'the spirit of 1946' because he still maintained the spirit on Umno which was formed in 1946. If he could not retain the party, he would at least retain the reason or spirit behind why the party was formed in 1946.

Tengku Razaleigh never intended to make it big in the opposition. But now that he was heading what was an opposition party meant he had to work with the other opposition parties. And he knew, as an opposition, he would never achieve what he set out to do. But the opposition was all he had at that moment in time so he had to make the best of it under the circumstances.

Dr Mahathir did this too when he spent almost three years outside Umno soon after the 13 May 1969 race riots. And Anwar is doing this now as well. But whether it is Tengku Razaleigh, Dr Mahathir or Anwar, all their roots are in Umno and Umno would be eventually where they have to return. Tengku Razaleigh did. Dr Mahathir did. And, come a point of time, Anwar too will have to do the same.

So Tengku Razaleigh, just like Dr Mahathir before him, after a stint in the opposition, rejoined Umno. That was what it was all about. The name 'Semangat 46' was a tell all. Semangat 46 was all about the spirit of Umno.

In fact, 'Semangat 46' was not the first choice of name. This name was chosen only because the name 'Umno Malaysia' was rejected by the Registrar of Societies. And the Registrar rejected the name to allow 'Umno Baru' to use the name, which was submitted for registration later, after they rejected the 'Umno Malaysia' name.

It would have been foolish of anyone to think that Tengku Razaleigh was committed to the opposition and had no aspirations to return to Umno. PAS knew this, and that is why they kept Tengku Razaleigh and Semangat 46 at arm's length. They knew that the PAS-Semangat 46 relationship was not a marriage but a mere flirtation and a temporary affair. And that is why the relationship was merely cordial at best, and suspicious at worse, and did not last.

Did Tengku Razaleigh rejoin Umno because of the fallout with PAS? Did Tengku Razaleigh rejoin Umno because he saw he had no future in the opposition? And did Tengku Razaleigh rejoin Umno because all he wanted was power? If he did, then he could have negotiated better terms for his return to Umno.

There were already murmurings that Anwar had started to make his move on Dr Mahathir and that the Prime Minister was going to make his countermove to thwart the attempt to oust him. In fact, many thought that Dr Mahathir brought Tengku Razaleigh back to Umno so that he could remove or neutralise Anwar and replace his deputy with Tengku Razaleigh. Tengku Razaleigh could have placed himself in the position to replace Anwar as the number two once Dr Mahathir makes his move. But Tengku Razaleigh did not and instead the job went to Abdullah Ahmad Badawi -- so all the assumptions about Tengku Razaleigh were misplaced.

When Tengku Razaleigh decided to take on Abdullah for the Umno Presidency -- he in fact received enough support to qualify -- all the divisions were instructed to not give Tengku Razaleigh any nominations. Those that remained stubborn were nipped in the bud. For example, one Kelantan division chief who persisted in nominating Tengku Razaleigh for president received a bankruptcy notice at midnight on the eve of his division meeting.

No court delivers a bankruptcy notice at midnight. But this time it did because there was going to be a division meeting the next morning and they wanted to disqualify the division chief from attending the meeting whereby he would nominate Tengku Razaleigh for president.

Tengku Razaleigh was robbed of his nominations to contest the Umno presidency, as he was robbed of the presidency almost two decades before that. But he did not protest. He did not kick up a fuss. He did not go into a rage and tear Umno to pieces. He took it in his stride like a gentleman. Winning or losing is not important. How you play the game is. Others can play the dirty game. But he will not bring himself down to their same level by also playing dirty.

And that is why today I wanted to talk about Tengku Tan Sri Razaleigh Hamzah, one of the few remaining Malay gentlemen, probably the most misunderstood Malaysian politician. Maybe another time I will talk about some of the others and why I place them on my list of people I respect. If you were to ask me today who I think should be the Prime Minister of Malaysia, I think you know what that answer will be.

 
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