Archive for category Law & Order

Court ruling in Hindu mother’s case raises key concerns, say lawyers

by Pathma Subramaniam
The Malay Mail Online
December 19, 2014

KUALA LUMPUR, Dec 19 ― A Court of Appeal decision this week which indicated that police may ignore orders if it involves the private rather than the public sphere of life, may drive citizens to take matters in their own hands, lawyers have warned.

On Wednesday, the Court of Appeal ruled in favour of the government and rejected the Ipoh High Court’s order of mandamus to compel the Inspector-General of Police (IGP) recover M. Indira Gandhi’s six-year-old daughter citing the distinction of the role of the police in enforcing laws in the public sphere as opposed to private lives.

The mandamus order, issued in September, was essentially an instruction from the High Court to the top cop to carry out his statutory duty to find and return Indira’s six-year-old child Prasana Diksa and arrest her ex-husband Mohd Ridzuan Abdullah.

Lawyers, who had observed the matter at the appellate court, said that while the court’s ruling was specific to Indira’s case, its consequences may be far reaching.

“The court did not rule on custody but just on the way to enforce the order of custody, however, it will affect all other cases involving private remedy.

“This is dangerous because the underlying message to the public at large is that you have to find your own way to put the remedy into effect,” said Andrew Khoo, the Bar Council’s human rights committee co-chairman. Read the rest of this entry »

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Over 5,000 pages are missing from the RCI Report on Illegal Immigrants in Sabah released by the government on Dec 3 – call on Najib to immediately release the missing pages

Firslty, let me thank the packed capacity for attending this forum organised at very short notice for taking part in a straw vote by show of hands that not a single person in this hall support the Royal Commission of Inquiry on Illegal Immigrants in Sabah (RCIIIS) Report released in Kota Kinabalu on Dec. 3, and the unanimous show of hands showing disappointment or rejection of the RCIIIS Report.

This is confirmation of the deep and widespread disbelief, dismay and disquiet by the people of Kota Kinabalu and Sabah over the RCIIIS Report, which has been such a great letdown after the high hopes and expectations of the people that finally, there would be a solution to the four-decades-old problem of illegal immigrants which has changed the political demography in Sabah as well as the social, economic and security circumstances and landscape for Sabahans.

In fact, I had said – and I find confirmation tonight – that if the RCIIIS Report had been released before the 13GE in May last year, Datuk Seri Najib Razak would not be the Prime Minister today, and that if a Sabah state general elections is held now, the RCIIIS Report will be one issue which will be cause of the downfall of the UMNO/BN State Government in Sabah. Read the rest of this entry »

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Malaysian government has a very funny way of celebrating Human Rights Day in 2014 – by summoning the US envoy for expressing support for human rights in Malaysia!

The Malaysian Government has a very funny way of celebration the Human Rights Day yesterday on 10th December 2014 – by summoning the United States Ambassador Joseph Yun to expressing support for human rights in Malaysia!

What was Yun’s offence?

In an interview with Malaysiakini, Yun said that the Prime Minister Datuk Seri Najib Razak’s decision to retain the Sedition Act raised human rights concerns.

Foreign Minister Datuk Seri Anifah Aman disagrees, claiming that the Sedition Act 1948 does not hinder a vibrant democracy and a “preventive measure to ensure that no parties would incite religious and racial tension that could jeopardize peace and stability in the country”.

Anifah may even believe that Yun’s remarks were unwarranted and disappointing, but is this justification for him to flex his muscles and call up the US Ambassador for a “dressing”?

Why don’t Anifah go the whole hog and demand that the United States President Barack Obama recall Yun and replace him with a more amenable Ambassador – as Anifah will only joining the lengthening list of Cabinet Ministers who are making a fool of themselves in both the national and international arena? Read the rest of this entry »

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Najib’s Sedition Act U-turn was to court instant popularity at UMNO General Assembly and had nothing to do with any professional security assessment

The United States Ambassador to Malaysia Joseph Y. Yun said the United States is “puzzled” with Prime Minister Najib Abdul Razak’s decision to backtrack and retain the Sedition Act.

The answer is very simple – Najib’s U-turn on the Sedition Act was to court instant popularity at the UMNO General Assembly and had nothing to do with any professional security assessment of the country’s laws.

This was why the former Information Minister, Tan Sri Zainuddin Maidin, blogged a day after Najib’s U-turn on the Sedition Act in his presidential speech at the UMNO General Assembly on Nov. 27:

“If Datuk Seri Najib is a smart politician, he would be able to understand that the thunderous applause of the delegates, who welcomed his announcement to maintain the Sedition Act, was actually Umno’s rejection of his leadership that is liberal and weak.

“If he hadn’t made that announcement, all the Umno members would have buried him, and his future in Umno would have been destroyed.”

Zainuddin seemed to be sounding a note of regret that Najib pre-empted the “burial” which UMNO rightists and extremists were preparing for the Prime Minister at the UMNO General Assembly. Read the rest of this entry »

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Why didn’t Muhyiddin tell Obama to “shut up and mind his own business” when the United States President praised Malaysia at the United Nations General Assembly in September and yet bristle with rage over Biden’s tweets?

Deputy Prime Minister Tan Sri Muhyiddin Yassin is the highest government leader to fly into a rage at the United States Vice President Joe Biden’s tweets expressing concerns about the Sedition Act and other laws being used to stifle the opposition, as well as expressing hope that Anwar Ibrahim’s final appeal against his Sodomy II conviction would give Malaysia a chance to put things right and promote confidence in its democracy and judiciary.

Why didn’t Muhyiddin tell the United States President Barack Obama to “shut up and mind his own business” when Obama praised Malaysia at the United Nations General Assembly in September and yet bristle with rage over Biden’s tweet?

Muhyiddin should have told the United States President that Malaysia does not need his praises!

In any event, is this the position of the Prime Minister and his Cabinet?

In fact, the Umno/Barisan Nasional Cabinet Ministers and government were in seventh heaven at Obama’s praise at the UN General Assembly in September, with the Prime Minister, Datuk Seri Najib Razak immediately claiming at a black-tie dinner attended by Malaysian students in New York the next day that Malaysia topped the list of countries praised by the United States President for developing entrepreneurship and heading towards an advanced economy. Read the rest of this entry »

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Mohd Zaidi and Mashitah’s racist, extremist and incendiary hate speeches at UMNO GA are “must watch” videos on YouTube for all Malaysians to realize that the time has come for moderates regardless of race or religion to unite to Save Malaysia by marginalizing extremism and promoting wasatiyyah

The extremist and incendiary hate speeches by two UMNO General Assembly delegates Mohd Zaidi Mohd Said (Penang) and Mashitah Ibrahim (Kedah) should be “must watch” videos on You Tube for all Malaysians to realize that the time has come for moderates regardless of race or religions to unite to save Malaysia by isolating and marginalising extremism and promoting wasatiyyah or moderation.

The Prime Minister Datuk Seri Najib Razak had been preaching to the world in the past four years – three times at the United Nations General Assembly since Sept. 2010 – that “the fight against extremism is not about Christians versus Muslims, or Muslims versus Jews, but moderates versus extremists of all religions”, and calling for a “coalition of moderates – those willing to reclaim their religion and pursue the path to peace”.

Unfortunately, Najib has allowed extremists in UMNO free rein, to the extent that UMNO delegates could even make extremist and incendiary hate speeches in the face of Najib, Deputy Prime Minister, Tan Sri Muhyiddin, Home Minister Datuk Seri Zahid Hamidi and the whole phalanx of UMNO Ministers and leaders at last week’s UMNO General Assembly, enjoying immunity and impunity from sanctions of the law.

More than two months ago, at an UMNO Lumut function, Zahid swore: “As the minister responsible for the Royal Malaysian Police, wallahi billahi tallahi (I swear to Allah) that if police reports are lodged against any individual who impinged on a sensitive issue, the police will start investigations immediately, if possible within 24 hours.”

Why then the silence and inaction by the police to the numerous police reports which had been lodged against Mohd Zaidi and Mashitah for sedition and other crimes of hate speech in the past few days – well exceeding the 24-hour deadline in Zahid’s public oath? Read the rest of this entry »

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Will the PM, DPM, Home Minister and all UMNO Ministers co-operate with the police in investigations into the seditious and hate speeches made by two UMNO delegates at last week’s UMNO GAs?

Are the police waiting for the “green light” by the Home Minister, Datuk Seri Ahmad Zahid Hamidi before they dare to move on the various police reports and investigate sedition and other hate crimes committed by two UMNO delegates Mohd Zaidi Mohd Said (Penang) and Mashitah Ibrahim (Kedah) at last week’s UMNO General Assemblies?

From Zahid’s “war-mongering” speech during the winding-up of the UMNO General Assembly on Saturday, he seemed to have usurped the powers of everybody and arrogated to himself the sole powers of deciding whether a person has committed sedition, whether the police, the Attorney-General or even the Judiciary – a sort of one-man arbiter combining the powers of “judge, jury and executioner” on sedition offences to the extent that he could pride himself for being described as a “hardcore” or “fundamentalist” Home Minister, bragging that 40 people had been prosecuted under the Sedition Act in 2010 and 12 this year and more to come, especially after the retention of the Sedition Act after being “fortified”.

Many Malaysians are shocked by Zahid’s “war-mongering” performance in his winding-up speech last Saturday, for no Home Minister under six Prime Ministers in the past 57 years had misbehaved like Zahid at the UMNO General Assembly last Saturday. Read the rest of this entry »

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Attorney General should reconsider the decision not to charge Ibrahim Ali

— Catholic Lawyers’ Society
Malay Mail Online
October 31, 2014

OCTOBER 31 — The Catholic Lawyers’ Society, Kuala Lumpur (CLS) is deeply disappointed that the Attorney General (AG) will not prosecute Datuk Ibrahim Ali for his calls to the Muslims to seize and bum the Bahasa Malaysia version of the Holy Bibles on the basis that the latter was only defending the sanctity of Islam.

The Federal Government has echoed similar statements through Nancy Shukri, de facto Minister of Law in parliament on October 7, 2014. With respect, both the AG and the Federal Government has done a disservice to the people of Malaysia. By condoning the AG’s decision not to prosecute Datuk Ibrahim Ali, the Federal Government has failed in its responsibility to defend the minorities in the country.

The Christian communities have lived under the threat of constant aggression by some who are bent on creating religious intolerance. However, prosecution of such insidious acts have been few and far between. Some of these examples as reported in the media include: Read the rest of this entry »

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Again, Putrajaya shows its bark is worse than its bite

COMMENTARY BY THE MALAYSIAN INSIDER
31 October 2014

In most countries, civil servants who do not obey cabinet directives are disciplined. But in Malaysia, cabinet ministers have to appeal or cajole civil servants to follow government directives or the law.

The latest is the Royal Malaysian Customs Department’s move to seize some 300 Christian CDs and books containing the word Allah from Sabahan pastor Maklin Masiau in klia2 last week.

Masiau’s case is not the first, and is most likely not the last despite assurances from Putrajaya that it respects the religious rights of all Malaysians under the Federal Constitution. Read the rest of this entry »

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Gani Patail – what has happened to your Sept 9 promise to review the spate of sedition charges?

The Attorney-General Tan Sri Abdul Gani Patail’s recent explanations have only reinforced public opinion that he has abused his discretionary powers and guilty of double standards in not prosecuting Perkasa President Ibrahim Ali for his threat to burn the Bible while going on a spree with blitzkrieg of sedition prosecutions against Pakatan Rakyat leaders, activists and intellectuals.

Datuk Stanley Isaac, who was formerly head of prosecution in the Attorney-General’s Chambers, said Gani’s reasoning that Ibrahim’s threat had no seditious tendency and that Ibrahim had “no intention to offend or provoke” are “flawed in law” and had not allayed public discontent over the AG’s decisions.

Isaac said it “boggled” “his mind how the AG could excuse Ibrahim on grounds of his good intention when the law says otherwise and that it also “boggled” his mind how burning the bible would defend the sanctity of Islam.
Read the rest of this entry »

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Its not dotard but Mahathir’s classic perverse illogic believing the end justifies the means – whether lies, sedition or even treason – causing him to defend Ibrahim’s Bible-burning threat

Tun Dr. Mahathir is at it again – thumbing his nose at civil and rational society, declaring that he sees no harm in Perkasa President, Ibrahim Ali’s Bible-burning call.

Mahathir said it was not a problem calling for the Bible to be burned as long as there were good intentions.

He said Islam allowed for the Quran to be burned and not discarded all over the place, or to be stepped on, if it was no longer used.

“So, burning the Quran with good intention is not a problem”, he said.

This is not dotard but Mahathir’s classic perverse illogic believing the end justifies the means – whether lies, sedition or even treason. Read the rest of this entry »

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Can Malaysia have a Jokowi?

By Maria Chin Abdullah
Malaysiakini
Oct 29, 2014

As politics unfold in Indonesia, many are impressed with their responses towards democracy building. On Oct 20, Indonesians witnessed a peaceful transfer of power with the inauguration of the seventh president of Indonesia.

Joko Widodo, better known as Jokowi, had defeated Prabowo Subianto by 6.3 percent in the presidential election on July 9, 2014. While Prabowo had initially submitted an election petition to challenge the results, he had gracefully accepted the court’s ruling when it rejected all his complaints. This sealed the Jokowi-Jusuf Kalla team’s presidential victory in the eyes of the law and the voters.

Indeed, President Jokowi’s beginnings have been anything but impressive in his quest to eradicate corruption and build a clean government.

President Joko Widodo had announced his cabinet and he had strategically submitted his ministerial cabinet lineup to the Corruption Eradication Commission for their screening as a show of his commitment to “form a clean government”.

On Tuesday, Oct 21, 2014 the commission had deemed eight of his cabinet selection as inappropriate due to their “alleged involvement in cases of graft and human rights violations.” (The Jakarta Post, Oct 22, 2014). Read the rest of this entry »

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Of burning holy books and sparking chaos

COMMENTARY BY THE MALAYSIAN INSIDER
29 October 2014

Leave it to Tun Dr Mahathir Mohamad to figure out that burning a holy book is showing it the same respect as Muslims burning Qurans that are old and no longer used.

And of course, it must be done with good intentions, said the former Malaysian prime minister who defended his protege Datuk Ibrahim Ali over the Perkasa chief’s threat to burn Bahasa Malaysia Bibles last year.

“They (Perkasa) have to show respect to the Bible, burn it as how they burn the Quran.”

Dr Mahathir also defended Ibrahim’s statement, saying it was not seditious as claimed by critics, as his intention was not to provoke.

“In other words, he was giving an opinion that could be accepted by Muslims as it was not seditious,” he added.

The acerbic politician is not alone in thinking that Ibrahim’s words were no threat as even the Attorney-General Chambers (AGC) have justified the Perkasa chief’s statement as defending the sanctity of Islam.

Both Dr Mahathir and the AGC see no wrong and wonder what the fuss is all about. Read the rest of this entry »

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In UM student protest, leaders see third-wave rising for reform

By Zurairi AR
Malay Mail Online
October 28, 2014

PETALING JAYA, Oct 28 ― Malaysia looks to have a brighter future with a new generation of student activists who last night stood up to an authoritarian administration to preserve their academic freedom, several civil society leaders and Pakatan Rakyat (PR) lawmakers said.

The prominent speakers at a fundraising dinner attended by close to 1,000 people here last night pointing to the mammoth in-campus demonstration in Universiti Malaya (UM) led by its student council to show solidarity for alumnus Datuk Seri Anwar Ibrahim who returns to the courtroom today to challenge his controversial second sodomy conviction.

“I say we need a third wave of uprising. An uprising of the people of Malaysia to fight and arise,” said DAP parliamentary leader Lim Kit Siang, to much applause from the crowd.

According to the Gelang Patah MP, the “first wave” happened in 1998 following Anwar’s sacking from government and first sodomy charge. That period in time has come to be knows as the “reformasi” period.

The “second wave”, Lim added, was in 2008 when PR was formed to go toe-to-toe against the Barisan Nasional (BN) ruling coalition in the 12th General Elections. Read the rest of this entry »

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Speaking about context, what about other sedition cases?

COMMENTARY BY THE MALAYSIAN INSIDER
27 October 2014

Context, the Attorney-General Chambers said today, was the important ingredient to consider when deciding whether Datuk Ibrahim Ali committed sedition when he threatened to burn bibles that contained the word “Allah” last year.

“As decided by the court, before a statement is said to have seditious tendencies, the statement must be viewed in the context it was made …

“When studied in its entire context, Datuk Ibrahim’s statement is not categorised as having seditious tendencies.

“It was clear Datuk Ibrahim Ali had no intention to create religious tensions, but was only defending the purity of Islam‎,” the AGC said, noting the Perkasa chief also said: “This is not a sentiment or (an attempt) to provoke religious tensions, but to defend the purity of Islam which is clearly (stated) in the laws.”

“He also did not commit any offence under Section 298 or 298A of the Penal Code as he was clearly defending the purity of Islam.”

Right. So the context is this, Ibrahim was not charged because he said he was not attempting to provoke religious tensions but was defending the purity of Islam.

Well, to put it in context, that is a half-baked explanation by the AGC, a comment after the fact.

In any court, this type of mitigation would have been laughed at. Read the rest of this entry »

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When Malaysians flee to get justice

COMMENTARY BY THE MALAYSIAN INSIDER
26 October 2014

In the same week that Malaysia won a non-permanent seat in the United Nations Security Council, a Malaysian shockingly fled Malaysia to seek asylum and protection from what he called oppression from authorities and gangsters.

Activist Ali Abd Jalil is the second Malaysian in as many weeks who ran away, citing oppressive laws and lacking faith in the system to protect his rights.

Posting in his Facebook page, Ali said “Now I am in Sweden, looking for asylum… the Malaysian government and sultan treated me like rubbish.

“I have been threatened by gangsters and racist Malay groups in Malaysia. Malaysia is not safe for me, police and gangsters are following me all the time.” Read the rest of this entry »

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Gani Patail fuelling worst crisis of confidence in nation’s history over the role and powers of Attorney-General

The Attorney-General Tan Sri Gani Patail is fuelling the worst crisis of confidence in the nation’s history over the role and powers of the Attorney-General (AG) as a result of his silence over the escalating controversy over non-prosecution of Perkasa President Ibrahim Ali for his threat to burn the Malay-language Bible on the one hand and the sedition blitzkrieg against scores of Malaysians who did not make incendiary statements to create a climate of fear on the other.

This is because the continued absence of satisfactory accountability and acceptable explanation that there have been no arbitrary abuse of the AG’s prosecutorial discretion as highlighted by the decision not to prosecute Ibrahim Ali despite the threat to burn the Malay-language Bible and the mass sedition blitzkrieg have raised serious questions whether the Attorney-General is committed to uphold the Rule of Law and to act as guardian of the public interest.

Gani’s predecessors as Attorney-General, Tan Sri Abu Talib from 1980 to 1993 and Tan Sri Mokhtar Abdullah (1994 – 2000) had their controversies when they served under the country’s most controversial Prime Minister, Tun Dr. Mahathir but Gani Patail had put both Talib and Mokhtar in the shade both in the volume and gravity of controversies since becoming AG in 2002.

Gani has gained another distinction of having been criticized by his predecessor, as last month Talib excoriated Gani Patail for undertaking to review the sedition cases against Pakatan Rakyat leaders, academicians and social activists like Prof Dr. Azmi Sharom after the charges were framed, as the barrage of sedition charges came across as “persecution” and not “prosecution”. Read the rest of this entry »

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Has Malaysia got the most powerful Attorney-General in the Commonwealth who is more powerful than the Prime Minister and Cabinet and is not bound by any principle of accountability to Parliament and the nation for the exercise of his discretionary powers

I refer to yesterday’s Malay Mail Online (MMO) report with the headline: “DAP vows to hound Nancy Shukri over Ibrahim Ali’s Bible-burning threat”.

The MMO headline is wrong and misleading as I had never made any vow, threat or statement to justify the headline “DAP vows to hound Nancy Shukri over Ibrahim Ali’s Bible-burning threat”.

For the record, this was what I said in my statement yesterday:

“It may seem unfair that Nancy had been hounded for over two weeks for her parliamentary answer that Ibrahim Ali was not prosecuted for his threat to burn the Malay-language Bible, but this national outrage will not cease simply because right-thinking Malaysians cannot accept the two reasons which had been given for the Attorney-General’s decision not to prosecute – that Ibrahim was protecting the sanctity of Islam and Ibrahim’s action was protected by Article 11(4) of the Constitution.

“Ibrahim Ali’s threat to burn the Malay-language Bible and his ability to get away scot-free enjoying immunity from any sanctions of the law will continue to dog Nancy wherever she goes in the country until the Najib government can give a satisfactory and acceptable accounting on the matter.”

It is not that DAP would “hound” Nancy over the issue, but that she would be dogged by the issue wherever she goes in any part of the country, as this would be the question uppermost in the minds of Malaysians, including the media when they meet her, as the gross miscarriage of justice of the non-prosecution of Ibrahim Ali over such provocative and incendiary threat is so palpable that it stands out in direct contrast to the “white terror” regime of sedition blitz launched recently by the government, resulting in the investigation or prosecution of some 40 Pakatan Rakyat leaders, social activists, academicians and members of the press under the Sedition Act and other laws for the most legitimate and inoffensive expression of views. Read the rest of this entry »

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Nancy is forgetful and confused

– Ravinder Singh
The Malaysian Insider
21 October 2014

In one breath Nancy said that her parliamentary reply “would have been similar, if the threat was to burn the Quran”.

In the very next breath she said “But I had to answer based on what was done, what was carried out. Based on their analysis, there wasn’t enough evidence (to charge), that is their answer,”

So, can Nancy clarify: if the answer she gave was “their answer”, how could she assure the public that “if the threat was to burn the Quran”, “their answer” would be the same, for she would only be reading “their answer” again. No?

She is all confused. While saying that the answer she gave was “their reply”, she is at the same time asserting that it was her reply. For only if it were her own reply, could she give an assurance that she would give the same reply if the threat was to burn the Quran.

If somebody takes her courageous words to heart and threatens to burn the Quran, can she guarantee that her reply would be the same? How would that be since the reply would be prepared by the A-G Chambers, or would she do a ‘copy and paste’ job and would the A-G let her do so? He might charge her for plagiarism. Read the rest of this entry »

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Nancy is right that Cabinet cannot decide prosecutions for AG but wrong when she implied Cabinet is impotent or must accept an AG guilty of selective or malicious prosecution

Minister in the Prime Minister’s Department, Nancy Shukri is right when she said today that the Cabinet could not make decisions on charges against Perkasa President Ibrahim Ali as this would be tantamount to meddling in the prosecutorial discretion of the Attorney-General stipulated in the Constitution.

But Nancy is wrong when she implied that the Cabinet is impotent or must accept an Attorney-General who is guilty of selective or malicious prosecution, like the failure to prosecute Perkasa President Ibrahim Ali despite his threat to burn the Malay-language Bible or the “white terror” regime of sedition blitzkrieg since the beginning of this year to investigate or prosecute some 40 Pakatan Rakyat leaders, social activists, academicians and members of the press under the Sedition Act and other laws for the most legitimate and inoffensive expression of views.

While the Cabinet cannot interfere with the Attorney-General’s prosecutorial discretion under Article 145(3) of the Constitution, Cabinet Ministers, in particular the Prime Minister and the Minister vested with the powers of de facto Law Minister, cannot be indifferent to prevalent public opinion that the Attorney General was responsible for grave miscarriage of justice, whether in the failure to prosecute Ibrahim Ali for his threat to burn the Malay-language Bible threatening the very fabric of Malaysia’s multi-racial and multi-religious society or had violated the larger policy objective of the Prime Minister and the Cabinet to make Malaysia “the best democracy of the world” with the mass dragnet of sedition investigations and prosecutions.

Or is the Cabinet now claiming that the pledge to make Malaysia the world’s best democracy is the personal and individual promise of the Prime Minister, and that he had no mandate to make it on behalf of the Cabinet or Malaysian Government? Read the rest of this entry »

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