Archive for category Constitution

Call on Najib to convene special Parliament meeting before National Day on August 31 to debate the country’s burning issues, including Najib’s twin global scandals, the NSC Act and worsening racial/religious polarisation highlighted by Pahang mufti’s incendiary “kafir harbi” statement

I call on the Prime Minister, Datuk Seri Najib Razak to convene a special Parliament meeting before National Day on August 31 to debate the burning issues in the country, including Najib’s RM55 billion 1MDB and RM4.2 billion “donation” twin global scandals, the National Security Council (NSC) Act and the worsening racial/religious polarisation in the country highlighted by the Pahang mufti’s incendiary “kafir harbi” statement.

Parliament adjourned on May 26 and is next scheduled to reconvene on Oct. 17 – a recess of some five months.

In an era of fast-changing developments, especially with many burning national issues crying out for answers and solutions, it is the height of irresponsibility for Parliament to adjourn for as long as some five months and this is why Najib should convene a special meeting of Parliament before National Day on August 31, where the two newly-elected MPs from Sungai Besar and Kuala Kangsar can officially take their oath of office.

There are many national burning issues awaiting answers or resolutions, and I will touch on three of them. Read the rest of this entry »

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A paradox, but two by-election victories make UMNO/BN leaders more desperate for general election victory and there will be greater demonization campaign against the opposition – such as painting me as anti-Malay, anti-Islam or even anti-Chinese

This is a paradox – but the two by-election victories in Sungai Besar and Kuala Kangsar have made UMNO/BN leaders more desperate for victory in the 14th General Election and I expect a greater demonization campaign against the Opposition – such as painting me as anti-Malay, anti-Islam and even as anti-Chinese.

I will give three examples post twin by-elections:

Firstly, I would place in such a category the statement by the former Chief Justice Tun Abdul Hamid Mohamad who alleged that Tun Dr Mahathir Mohamad’s support of opposition parties DAP and Amanah in the recent by-elections were “detrimental to Malays”.

He said that the former prime minister could try and oust Prime Minister Datuk Seri Najib Razak from within Umno, but should steer clear of lobbying for support within the Pakatan Harapan opposition alliance as the chances of Malays retaining power once they have lost it is “very slim”.

Could the former Chief Justice answer the two questions which had been posed by the National Laureate Pak Samad:

“How are Malays under threat? How can religion (Islam) and Malays be threatened when those in power have been Malay for over five decades?

“What have they (Malay leaders) been doing for five decades (if Malays can be under threat)?”

Whatever happens in the 14th General Election, whether Najib is toppled as Prime Minister or UMNO loses the Federal Government, the Malays in Malaysia will continue to exercise political power in Malaysia as there is no way they will lose their political power. Read the rest of this entry »

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SUPP President Sim Kui Hian failed big time although he is treated like a “conquering hero” to save MCA, Gerakan and even UMNO in the two by-elections in Sungai Besar and Kuala Kangsar

SUPP President, Senator Sim Kui Hian failed big time although he is treated like a “conquering hero” to save MCA, Gerakan and even UMNO in the Sungai Besar and Kuala Kangsar parliamentary by-elections on Saturday.

This is the first time in 43-year Barisan Nasional history that the SUPP President is regarded like a “saviour” to MCA and Gerakan which had fallen on “bad times”, as the SUPP President had always been regarded by the MCA and Gerakan as a “little brother” and never as a “saviour” in BN history.

But Sim did not act like a “saviour” for MCA and Gerakan, or he should have spoken up for the MCA President, Datuk Seri Liow Tiong Lai and Gerakan President, Datuk Mah Siew Keong who are afraid of losing their Ministerial posts by making it clear to the Prime Minister, Datuk Seri Najib Razak that the Ministerial motion in Parliament on May 26 to “fast-track” Hadi’s hudud bill is a fundamental breach of 43-year Barisan Nasional policy and consensus that hudud violates the Malaysian Constitution and not suitable for a multi-religious Malaysia where Muslims comprise 62% and non-Muslims 38% of the population.

Sim should have spoken up in support of the proposal that the Prime Minister and all the leaders of the 14 Barisan Nasional component parties should make a joint declaration three days before polling day, i.e. by 15th June 2016, to reaffirm the Constitutional principle and the 43-year Barisan Nasional consensus to reject Hadi’s hudud bill, as well as to state in no uncertain terms that the Ministerial motion by the Minister in the Prime Minister’s Department, Datuk Seri Azalina Othman Said was a great mistake as it violated the Constitution and the Barisan Nasional consensus and to ask for her resignation from the Cabinet.

Sim should have warned that if the fundamental principles of the Malaysian Constitution, the 1963 Malaysia Agreement and the 43-year Barisan Nasional consensus are allowed to be violated with impunity, it could lead to the disintegration of the Malaysian Federation. Read the rest of this entry »

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Nazri is avoiding the issue, going ahead to gazette the NSC Act without giving due consideration to the proposal by the Conference of Rulers is not only disrespect but contempt for the Rulers

Former Minister in charge of parliamentary affairs, Datuk Seri Nazri Abdul Aziz is avoiding the issue of disrespect to the Malay Rulers, for there is no doubt that going ahead to gazette the National Security Council (NSC) Act into law without royal assent, without giving due consideration to the proposal by the Conference of Rulers, is not only disrespect but contempt for the Rulers.

Nazri said any amendments to the NSC Bill could only be tabled as a new bill in the next meeting of Parliament, but the question is why the NSC Amendment Bill could not be presented to the May meeting of Parliament as the Conference of Rulers had returned the NSC bill to the Attorney-Generral’s Chamber for “refinement” on Feb. 17?

The Attorney-General Tan Sri Apandi Ali had then said he would review some sections of the bill while the Prime Minister Datuk Seri Najib Abdul Razak said he took note of the rulers’ suggestion. Read the rest of this entry »

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Focus on reforms, not political hudud

— G25 Malaysia
Malay Mail Online
June 13, 2016

JUNE 13 — It is incredible that we have politicians and Islamic activists suggesting that only Muslims who are experts in religion have a right to discuss and comment on the shariah and hudud.

They should know it is normal in a democracy for citizens to take an interest in public affairs and to express their views freely.

As the recent tabling of the “hudud bill” is about amending an act of parliament and more importantly amending the constitution also, the public concern goes beyond religion and the Muslims.

This is a matter about the very foundation of our federation of 13 states and it is therefore an issue of grave concern to all races, including our citizens in Sabah and Sarawak.

The surprise manner in which the bill was allowed to be tabled has also alarmed the public that such an important matter was handled so frivolously.

The whole episode smells of a plot to take Malaysia on the road to an Islamic state. Read the rest of this entry »

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Pluralism remains critical to Malaysia

Opinion
Straits Times
JUN 10, 2016

Those fearing a creeping Islamisation of Malaysia reacted sharply when the government, led by the United Malays National Organisation (Umno), allowed Parti Islam SeMalaysia (PAS) to table a Bill on hudud – the controversial Islamic criminal code. The debate over its widespread application, if legislated, has divided Malaysia’s multi-religious landscape.

That PAS should push for hudud is hardly surprising. The party’s insistence on Malaysia becoming an Islamic state governed by syariah law, including hudud, has constituted its core political mission for decades. What is noteworthy about the hudud Bill being on the parliamentary agenda is the signal of a possible convergence of interests between Umno and PAS – two Malay-based parties whose erstwhile electoral rivalry expanded space for multi-religious politics. Nominally, the Bill seeks to only enhance the present powers of syariah courts. The larger purpose behind it is the Islamisation of the country through the induction of hudud into the body politic. Read the rest of this entry »

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Call on Najib to give undertaking that National Security Council Act will not be enforced until concerns of Conference of Rulers addressed by way of amendments to be presented in forthcoming Parliament

Tuesday, 7th June 2016 is a black-lettered day in the history of Malaysia, because on this day the National Security Council Act was gazetted and became the first law in the country which was NOT given the Royal Assent.

Under Clause 4(a) of Article 66 of the Federal Constitution, a bill becomes law 30 days after it is presented to the Yang di Pertua Agong, even if the Agong does not give the Royal Assent.

The Conference of Rulers on Feb. 17 had returned the National Security Council (NSC) Bill to the Attorney-General’s Chambers asking for refinement.

The Attorney-General Tan Sri Apandi Ali then said he would review some sections of the bill while Prime Minister Datuk Seri Najib Abdul Razak said he took note of the rulers suggestion. Read the rest of this entry »

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Islamic law bill splits Malaysian cabinet

Jeevan Vasagar in Singapore
Financial Times
June 2, 2016

Ethnic Chinese ministers have threatened to quit the Malaysian government if a bill giving Islamic courts powers to impose tougher penalties is passed into law.

Critics of Najib Razak, the prime minister, say the bill is an attempt to distract attention from the 1MDB state investment fund scandal ahead of by-elections this month and a general election that must be held by 2018.

The bill, proposed by the Islamist opposition but fast-tracked last week by a government minister, will be debated in parliament in October. It comes at a time of concern over rising intolerance in Southeast Asia, a region once regarded as a model of religious coexistence. Read the rest of this entry »

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Will PAC Chairman Hasan apologise for his several breaches of parliamentary privileges in connection with PAC Report on 1MDB and make amends by tabling in Parliament the Report of Auditor General on 1MDB as he had promised on 7th March and re-open investigations into 1MDB scandal?

Will the Public Accounts Committee (PAC) Chairman Datuk Hasan Arifin apologise for his several breaches of parliamentary privileges in connection with the PAC Report on 1MDB and make amends by tabling in Parliament the Report of the Auditor-General on 1MDB as he had promised on 7th March?

On 7th March 2016, Hasan gave a categorical statement that the Auditor-General’s final report on 1MDB investigations would be “declassified” under the Official Secrets Act 1972 once the PAC tables its report to Parliament.

The PAC Report on 1MDB was tabled in Parliament on April 7, and there are no signs that the Auditor-General’s final report on the 1MDB will be tabled in Parliament, which will adjourn on Thursday this week.

Hasan had said at the time that the Auditor-General Tan Sri Ambrin Buang had explained that the Auditor-General’s final report on 1MDB will no longer be a classified document under OSA once PAC tables its 1MDB report.

Can Hasan explain why he is dragging his feet in tabling the Auditor-General’s final report on 1MDB as attachment to the PAC Report on 1MDB?

What has Hasan and Prime Minister Datuk Seri Najib Razak and his government to hide in refusing to make public the Auditor-General’s final report on 1MDB? Read the rest of this entry »

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Malaysians should speak up to oppose Najib’s plan to turn Malaysia into a national prison where critics and opponents of the Prime Minister and Government are prohibited from travelling freely overseas

Yesterday, I had asked whether there will be any Minister who will resign on a matter of principle if the Cabinet today is not prepared to countermand the arbitrary and undemocratic ban on Bersih Chairperson Maria Chin Abdullah and DAP National Publicity Secretary and MP for PJ Utara, Tony Pua from free travel overseas.

I have not heard of any news that any Minister or Deputy Minister is resigning his or her post in protest against such lurch towards undemocratic and arbitrary practices which have so far been the hallmark of communist and closed societies, representing a major and fundamental difference with democratic and open societies.

Is Malaysia an open and democratic society or has it regressed to become an autocratic and closed society like the North Korean communist regime?

This is a policy question which should involve every Minister and Deputy Minister in view of the “hair-raising” undemocratic and arbitrary decisions to bar critics and opponents of the Najib government like Maria Chin and Tony Pua from free travel overseas.

The Malaysian Parliament itself has become a farce if MPs like Tony Pua and civil society leaders like Maria Chin could be denied their fundamental and democratic right to travel freely overseas. Read the rest of this entry »

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Why have I suddenly become an “undesirable character” to be banned from Sarawak after campaigning in seven parliamentary and nine state general elections in Sarawak in the last 38 years?

It was reported yesterday that the Sarawak Chief Minister is mulling over the banning of DAP Secretary-General and Penang Chief Minister Lim Guan Eng, myself as well as Parliamentary Opposition Leader and PKR President Datuk Seri Azizah Wan Ismail, from entering Sarawak for campaigning in the 11th Sarawak State Elections.

Why have I suddenly become an “undesirable character” to be banned from Sarawak after campaigning in seven parliamentary and nine state general elections in Sarawak in the last 38 years, going back to the late seventies?

In fact, what could be the honest and honourable reason for banning the long list of Members of Parliament from entry into Sarawak, including DAP National Vice Chairman Teresa Kok, National Publicity Secretary Tony Pua, Deputy National Publicity Secretary Teo Nie Ching, PKR National Vice Chairmen Nurul Izzah, Chua Tian Chang and Rafizi Ramli, Parti Amanah Negara President Mohamad Sabu, and even the DAP mascot designer Ooi Leng Hah, except for a gross abuse of power as the law is very clear that no one should be barred from entry into Sabah for legitimate political activities – although Sarawak state government enjoys full autonomy on immigration matters.

Sarawakians and Malaysians hope to see Sarawak as the vanguard for full and genuine democracy in Malaysia, and not the other way round, where democracy is given a fatal blow by gross abuses and excesses of power. Read the rest of this entry »

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Razaleigh is wrong to say Save Malaysia Citizens’ Declaration is unconstitutional when it is in fact seeking a return to the fundamental principles of the Merdeka Constitution 1957 and Malaysia Constitution 1963 on democracy, rule of law, fundamental liberties and doctrine of separation of powers

UMNO veteran leader Tengku Razaleigh Hamzah is wrong when he said that the Save Malaysia Citizens’ Declaration first signed by 42 political and civil society leaders in Kuala Lumpur on March 4, 2016, including former Prime Minister Tun Dr. Mahathir and former Deputy Prime Minister, Tan Sri Muhyiddin Yassin, was unconstitutional or contemplated unconstitutional action.

Nothing could be further from the truth as it is in fact seeking a return to the fundamental principles of the Merdeka Constitution 1957 and Malaysia Constitution 1963 on democracy, rule of law, fundamental liberties and doctrine of separation of powers. Read the rest of this entry »

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De factor Law Minister Nancy Shukri is absolutely wrong about the AG’s “absolute” powers and discretion!

By Martin Jalleh

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Thanks to 1987 Operation Lalang, half a dozen ISA detainees incarcerated for 14 -16 years got released or they might have become the world’s longest-held detainees because they were forgotten by the authorities

We gather tonight for “Tribute to ISA detainees”. The Internal Security Act (ISA) which had detained without trial over 10,000 people in its 51-year iniquitous history, including political leaders and literary giants like Ahmad Boestamam, Abu Bakar Al Bakir, Burhanudin Al-Helmy, Ishak Muhammad (Pak Sako), Aziz Ishak, Syed Husin Ali, Kassim Ahmad, Samad Ismail, Anwar Ibrahim, Karpal Singh, P. Patto, Mohamad Sabu, Lim Guan Eng, Dr. Tan Seng Giaw, Khalid Samad, Kamaruzaman Ismail, Nashir Hashim, Hishammudin Rais, Saari Sungib, Goh Kean Seng, and Lee Hai Chew.
I was detained under the Internal Security Act (ISA) twice, first time for 17 months in 1969 after my first election as Member of Parliament for Bandar Melaka and the May 13, 1969 riots in Kuala Lumpur and second time, under Operation Lalang for 18 months.

Penang Chief Minister, Lim Guan Eng and I were among the first to be detained when the Operation Lalang dragnet was launched on Oct. 27, 1987, resulting in the arrest of 106 detainees from a whole spectrum of national life. Although the 49 persons formally detained under the ISA after the custodial detention and interrogation of 60 days were released in batches, Guan Eng and I were the last two to be released after 18 months of detention in April 1989.

I still remember that when I was transferred to Kamunting Detention Centre after being held for 60 days at the ISA Remand Centre in Batu, Kuala Lumpur, I was welcomed by half a dozen ISA detainees in another compound and who had obviously been incarcerated for quite some time.

I asked them how long they had been detained in Kamunting Detention Centre and I was shocked when I was told that they had been detained from 14 to 16 years. They had been languishing in the Kamunting Detention as they seemed to have been forgotten by the authorities. Read the rest of this entry »

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“Save Malaysia” from mischief makers who lodge false police reports when I said what all law students are taught in universities – that the Royal Address during Parliament’s Opening is the government’s policy speech

The “Save Malaysia” campaign is all the pertinent and relevant when there are mischief makers who lodge false police reports when I said what all law students are taught in universities – that the Royal Address during Parliament’s Opening is the government’s policy speech.

The DAP MP for Segambut, Lim Lip Eng, has lodged a police report against three mischief makers who had lodged a false police report against me for having committed the crime of sedition when I said that the King’s speech at the official opening of Parliament was prepared by the government-of-the-day, and I hope that the police would charge the three for their public mischief.

What really surprise me is that there are UMNO/BN Ministers and Members of Parliament who are so ignorant about basic constitutional and parliamentary principles and practices that their thinking are on the same level of these mischief makers.

I had more than once spoken up in Parliament to belabor this basic constitutional and parliamentary principle, as I had in the past been accused of disloyalty and treason for proposing amendment in Parliament to the motion of thanks to the Yang di Pertuan Agong for the Royal Address.

This is what I said in Parliament in my speech on the Royal Address on 21st March 2007: Read the rest of this entry »

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Upshot from Azalina’s bizarre and gibberish statements – will PAC investigate whether Attorney-General Chambers had drafted a charge sheet against Najib for corruption in May last year and whether it will summon leading members of Special Task Force on 1MDB to testify?

I am quite fascinated by the two bizarre and gibberish statements issued by the Minister in the Prime Minister’s Department, Datuk Seri Azalina Othman Said, viz:

• statement on Saturday, 27th February 2016 in immediate response to Tan Sri Muhyiddin Yassin’s Facebook posting that before he was sacked as Deputy Prime Minister in July last year, he was briefed by the then Attorney-General, Tan Sri Gani Patail about the deposits from the state-owned SRC International into Prime Minister Datuk Seri Najib Razak’s personal bank accounts and informed that a crime had been committed by Najib; and

• statement yesterday, 1st March 2016, replying to my statement on Sunday, 28th February 2016 commenting on the “two extraodinary statements” by both Muhyiddin and Azalina.

I am not interested in getting into a polemics with Azalina but prefer to deal with the substantive issues thrown up, intentionally or otherwise, by the bizarre and gibberish statements by the Minister in the Prime Minister’s Department which called for follow-up action at least on two fronts.

Firstly, whether the Public Accounts Committee (PAC) investigating in to the RM55 billion 1MDB scandal will probe whether the Attorney-General’s Chambers had drafted a charge sheet against Prime Minister, Datuk Seri Najib Razak for corruption in connection with the RM42 million SRC International scandal, whether work on this charge sheet for corruption against Najib went back to May last year and the final outcome of this charge sheet. Read the rest of this entry »

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Will Najib present White Paper to answer two questions thrown up in the public domain in the past two days – was there a charge sheet in the AG’s office last July to indict Najib for corruption and did the then AG brief the DPM at the time about Najib’s “corruption” wrong doing?

Two questions that arose directly from Tan Sri Muhyiddin Yassin’s statement on Saturday and Datuk Seri Azalina Othman Said, Minister in the Prime Minister’s Department rebuttal the same day await official confirmation or denial.

Firstly, was there a charge sheet in the Attorney-General’s Chambers before the Attorney-General Tan Sri Abdul Gani Patail was summarily sacked on July 27 which would have indicted the Prime Minister, Datuk Seri Najib Razak for corruption in the RM42 million SRC International scandal?

Secondly, whether the Attorney-General Tan Sri Gani Patail at the time had briefed the then Deputy Prime Minister, Tan Sri Muhyiddin Yassin, about Najib’s “corruption” wrongdoing, which precipitated the “purges” by Najib on July 28, involving the sacking of the Deputy Prime Minister, a Senior UMNO Cabinet Minister and the Attorney-General as well as other grave reprecussions undermining the Rule of Law in the country. Read the rest of this entry »

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Malaysia’s sovereignty lies somewhere between A-G and IGP

– Sir Wenger Khairy
The Malaysian Insider
11 February 2016

For the last 58 years, brave men in uniform fought and died to protect the sovereignty of the country. By the term “sovereignty”, I mean the power or authority of the country.

If the country is invaded by the Royal Sulu Army, or if the communists attack and set fire to villages and plantations, it is quite clear to see that those two agents were engaged in acts that challenge the sovereignty of the country.

The same is true if a political leader engages in corrupt acts and there is no action taken against the leader. This is because the leader breaks the laws of the land and challenges the power and authority of the Parliament and the Yang DiPertuan Agong, as the supreme authority in the country. Read the rest of this entry »

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Would a person like Najib have survived as China’s top leader with two mega scandals swirling around him causing the country to be named No. 3 in world’s “worst corruption scandals in 2015” and the subject of investigation by seven different countries, including by US FBI, whether he is a kleptocrat?

The Attorney-General Tan Sri Mohamad Apandi Ali allowed a rare but very insightful though frightening peep into his mind in his interview with Sin Chew Daily today.

Apandi’s interview deserve fuller dissection and analysis, but for the immediate moment, what warrants immediate response is the revelation that the Attorney-General is mulling laws to increase the punishment of those who leak state secrets and journalists who report, and that the Attorney-General’s Chambers is proposing to amend the Official Secrets Act 1972 to include life imprisonment and 10 strokes of the rotan as punishments.

Apandi said: “In some countries, the leaking of official secrets is a serious offence, like in China where it carries the death sentence.”

Apandi insisted that should journalists protect or refuse to reveal the sources by invoking journalistic ethics, they will be considered collaborating with a potential saboteur.

“We may charge journalists who refuse to reveal their sources.

“I am not joking. If I have 90 percent of evidence, I will charge the journalist, editor, assistant editor and editor-in-chief. I am serious, no kidding. We have too many leakage of secrets in Malaysia.

“The right to know is not granted by the constitution.”

This must be the first time the Attorney-General of Malaysia expressed admiration and envy for the laws and system in China, as it had never been done by his predecdessors. Read the rest of this entry »

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Cabinet today must take cognisance and act on the government failure to resolve Najib’s twin mega scandals by end of last year and the national and international firestorm over Apandi’s decision to exonerate Najib

The Cabinet at its meeting today must take cognisance and act on the government’s failure to resolve Najib’s twin world-class mega scandals by the end of last year and the national and international firestorm over Attorney-General Tan Sri Mohamad Apandi Ali’s decision to exonerate Prime Minister Datuk Seri Najib Razak of any wrongdoing or crime and that no charges would be brought against him in both the RM2.6 billion donation and RM42 million SRC International scandals.

Far from Najib’s upbeat forecast in his 2016 New Year Message that his twin world-class mega scandals had been resolved and no more issues in the country, the very opposite occurred as his RM2.6 billion “donation” and RM55 billion 1MDB twin mega scandals have in the month of January 2016 mushroomed to unprecedented levels.

As a result, both Najib and Malaysia’s credibility and image have never suffered such serious dent, both nationally and internationally.

Four months ago, in a historic statement on Oct. 6, the Malay Rulers directed Putrajaya to ensure that 1 Malaysia Development Bhd (1MDB) scandal was thoroughly investigated and for those found guilty of wrongdoing to be punished.

The Malay Rulers also said that investigations must be made public in order to show that nothing was being hidden in the probe on the state-owned investment firm.

The Malay Rulers joint statement said: “The findings of the investigation must be reported comprehensively and in a transparent manner so that the people will be convinced of the sincerity of the government which shall not at all conceal facts and the truth.”

But none of the Malay Rulers’ concerns has been addressed, and not a single person had been punished for the world-class twin mega scandals which have given Malaysia the ignominious third ranking in the world’s “worst corruption scandals in 2015” and caused Malaysia’s ranking in the Transparency International’s 2015 Corruption Perception Index to plunge four places to No. 54 from No. 50 last year.

And nothing has been revealed to Malaysians about the investigations into the twin mega scandals “so that the people will be convinced of the sincerity of the government which shall not at all conceal facts and the truth”!

The promise by the Deputy Prime Minister, Datuk Seri Zahid Hamidi, who responded to the Malay Rulers’ Statement with the pledge that Putrajaya was taking proactive measures to address concerns raised by the Malay Rulers over 1MDB, have come to nought.

Hence the national and international firestorm over Attorney-General Apandi’s decision. Read the rest of this entry »

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