RM5 million “Freedom for Sale” scandal – call for Royal Commission of Inquiry


The Prime Minister, Datuk Seri Abdullah Ahmad Badawi’s response today to the recent spate of reports alleging high-profile corruption in his administration is very weak, lackluster and most disappointing, reinforcing public exasperation at his lack of political will to “walk the talk” to root out corruption and lead an administration which has zero tolerance for corruption.

Speaking at the monthly assembly of the Prime Minister’s Department, Abdullah gave the assurance that action will be taken against those involved in corruption, while those who do not indulge in such practices should have no fear.

He said: “Of course no one wants corruption. Action must be taken. Those who are innocent need not worry.”

He pointed out that what was important was that investigations on allegations of corruption must be carried out in the most just manner.

He even said that generally 85 percent of the reports submitted pertaining to accusations of corrupt practices were unfounded.

Abdullah seems to be unaware that his administration which in a fortnight’s time will be marking the third anniversary of its unprecedented landslide 2004 general election victory on a platform of anti-corruption is facing a crisis of confidence, firstly, because of the failure to produce results in the anti-corruption front and secondly because of the recent spate of allegations of high-profile corruption, such as involving the Anti-Corruption Agency (ACA) Director-General, Datuk Seri Datuk Zulkipli Mat Noor and the latest involving Deputy Internal Security Minister Datuk Mohd Johari Baharom – that the latter had received a bribe of over RM5 million for the release of three criminals who had been detained under the Emergency Ordinance.

This is not the time for Abdullah to trot out pedestrian and uninspiring statements of “Have No Fear If You’re Clean” to top political and government leaders, but to convince Malaysians, intending foreign investors and the international community of his political will and commitment to combat corruption at all levels of society by ensuring that anti-corruption investigations into the recent spate of high-level corruption allegations would be conducted by an independent and fearless body which will command unchallenged national and international confidence.

For this reason, I call on the Cabinet on Wednesday to set up a Royal Commission of Inquiry into the “freedom for sale” corruption scandal to stop the latest haemorrhage of public confidence in the political will and commitment of the Prime Minister to root out high-level corruption.

The Royal Commission of Inquiry, which should comprise Malaysians of distinction with impeccable character and reputation, should have two specific terms of reference — firstly, to inquire into all allegations of corrupt practices and abuses of power in the administration of the “detention-without-trial” provisions, the detention and release of suspects under the Emergency Ordinance; and secondly, whether the Emergency Ordinance should be repealed to end gross and blatant abuses of discretionary powers of “life and death” over the personal liberties of Malaysians without benefit of any judicial review.

A Royal Commission of Inquiry into the RM5 million “freedom for sale” allegation is indispensable as there is just no public confidence that the Police or the Anti-Corruption Agency (ACA) would be able to carry out an independent, untrammeled and satisfactory investigation.

Johari yesterday stepped forward confirming that he is the one who is the target of the RM5 million “freedom for sale” allegations which had been posted on two websites, both on the free website, freewebs.com.

He declared that he is innocent and had nothing to hide. However his further statement that he was ready to face any investigations is irrelevant as anyone in such a position would have no choice but to face the ensuing investigations.

What is a matter of concern is the “warfare” which seemed to have broken out between on the one hand Johari – who is the de facto Internal Security Minister on EO detentions as Abdullah as the Internal Security Minister has completely delegated such powers to Johari — and the Police and even the ACA on the other.

Johari told the Sun that he was puzzled by the police and ACA reaction to the RM5 million ringgit “freedom for sale” allegations “made without basis or fact” – clearly blaming both agencies for initiating investigations instead of going after those responsible for the websites.

Johari complained: “People have posted all sorts of lies and claims against politicians and other government officials on the Internet. Even the prime minister has not been spared by these rumour-mongers.

“So instead of investigating rumours, the police should go after those who post such things on the Net or send out SMSes which tarnish and damage of those named. Why are the police not doing that? I do not see them doing that.”

IGP Musa is right when he said that “the integrity of the police force was at stake” and this is why an independent and impartial Royal Commission of Inquiry should be established and entrusted with the responsibility to probe into the million-ringgit “Freedom for sale ” allegations, particularly in view of two factors:

  • the hostile attitude of the Johari, the de facto Internal Security Minister on EO matters, towards police investigations;
  • rule of natural justice — that the police must not be seen to be exonerating itself of the serious corruption and abuse-of-power allegations in the detaining and freeing of suspects under the EO.

With the latest corruption allegations reaching as high as the ACA Director-General himself, the ACA is also not the suitable or competent body enjoying public confidence to singly handle this responsibility. What the ACA should do is to put its entire machinery at the disposal of the Royal Commission of Inquiry probing into the “Freedom for Sale” scandal.

  1. #1 by hasilox on Monday, 5 March 2007 - 3:51 pm

    Badawi says:
    “Have No Fear If You’re Clean”

    This statement is a big big problem. He is making almost everybody scared, ordinary people not included though ;)

  2. #2 by Godfather on Monday, 5 March 2007 - 3:52 pm

    Everything in Bodohland is for sale – including transparency and integrity. The test of a civilised society is in its ability to produce leaders with integrity, where there is no price on this virtue. We are now on a slippery slope to anarchy – where the rule of law is supplanted by those who are easily bought by money from the guilty, from the unscrupulous.

    The underground economy will soon exceed the “legal” economy, if it has not done so already. I can see pirating of DVDs and software continuing unabated. I can see Chinese and Vietnamese girls streaming into Malaysia for illicit activities. I can see Indonesians coming in and out of the country as though there is no border control. Money makes money and it becomes so easy to have politicians in your pocket.

    It is a wonderful sight to behold when the politicians, the ACA, the AG’s Chambers and the Police all take turns to blame each other. In the meantime, the stealing continues….

  3. #3 by smeagroo on Monday, 5 March 2007 - 4:05 pm

    another Royal Inquiry? How many already and have any in the past bore any fruits?

  4. #4 by Libra2 on Monday, 5 March 2007 - 4:13 pm

    These Laws allows and encourages corruption. It’s also open to abuse.
    Ask Kit, who has been detained twice.
    The Emergency Ordinanance, Dangerous Drug Act and the ISA all allow the Minister to summarily detain “criminals whose guilt cannot be proven in a court”.
    But then, could a person whose guilt can be proven in a court of law be held under the “pleasure of the Minister” after agreeing to “a compromise”.
    The sentence under Section 39B of the DDA, (drug trafficking) is death. If detained by the Minister, it is 2 years plus whatever addition he deems fit.
    Yes, I am thinking aloud.

  5. #5 by Pengajar on Monday, 5 March 2007 - 8:20 pm

    It is like walking about in a town and you do not know the other person is actually an illegal pirate who goes on land when he is not out attacking the other boats.

  6. #6 by nkeng on Monday, 5 March 2007 - 9:07 pm

    After 3 years in office, AAB’s administration has yet to sucessfully bring to book any high profile corruption case he promised.

    What is happening AAB?

    Can we count you in to do the work?

    Else, who are you directing to clean up the messy state of affairs cropping up everywhere?

    Please AAB, we beg you to do something, ANYTHING.

    Otherwise, do you need volunteers?

  7. #7 by DarkHorse on Monday, 5 March 2007 - 10:14 pm

    “This is not the time for Abdullah to trot out pedestrian and uninspiring statements of “Have No Fear If You’re Clean” …”

    Nobody asked me about my fear. I fear we would lose the entire Cabinet.

  8. #8 by pwcheng on Monday, 5 March 2007 - 10:17 pm

    Looks like after the shower, poisonous mushrooms are sprouting everywhere. I hope our PM will say less on his fight against corruption but put on a pair of iron gloves to fight this menace by looking at the best methodology adopted by any country that had successfully curbed this dreadful disease.
    Get going MR PM before they get you!! We will definitely support you if in your endeavor for a clean government.

  9. #9 by HJ Angus on Monday, 5 March 2007 - 10:29 pm

    Darkhorse wrote:
    ………”I fear we would lose the entire Cabinet.”

    If the people there are corrupt we should not fear this.
    Malaysia needs a sea-change for it to be rid of the cancer of corruption.

    Perhaps voting in an opposition government will make the BN parties realise that the people want radical changes.

    And if the alternative government is no good we will also change them.
    Eventually we will develop a system of alternative governments or the 2 or even 3 party systems

  10. #10 by dawsheng on Monday, 5 March 2007 - 11:48 pm

    The entire cabinet is lost!

  11. #11 by undergrad2 on Tuesday, 6 March 2007 - 5:12 am

    Malaysia may at one time have had the tallest and the longest structures etc in the world. We are still a third world country. How do you expect a third world country where racism has been institutionalized, with the tradition of a political system dominated by one party over the last 50 years or so, to suddenly make the transformation into a 2-party system??

    It will never happen. Not for the next one hundred years. Here’s what is likely to happen: the domination by one political party through the national coalition is likely to be shattered come next general elections. Power is likely to be increasing diffused and more fragmented. Whether this will lead to long run political stability remains to be seen.

  12. #12 by undergrad2 on Tuesday, 6 March 2007 - 5:14 am

    Having said that “change” does bring with it some degree of instability – because that’s what “change’ is all about.

  13. #13 by ENDANGERED HORNBILL on Tuesday, 6 March 2007 - 8:28 am

    Darkhorse wrote:
    ………”I fear we would lose the entire Cabinet.”

    HJ Angus wrote:
    “If the people there are corrupt we should not fear this.
    Malaysia needs a sea-change for it to be rid of the cancer of corruption.”

    Que sera sera, whatever will be, will be.

    Let’s all pray and help make it happen sooner rather than later.

  14. #14 by Bigjoe on Tuesday, 6 March 2007 - 10:02 am

    It is being alleged that Johari was actually hand-picked by Badawi which explains why Badawi is, for the moment, trying to defend him.

    From the PM face, its clear he looks dissapointed with these allegation. His worst fear is to be criticised for picking and associating himself with less than able people like Johari.

  15. #15 by Tai Lo Chin on Tuesday, 6 March 2007 - 10:47 am

    “It is being alleged that Johari was actually hand-picked by Badawi which explains why Badawi is, for the moment, trying to defend him” – and that’s also why Najib was quick to pint out, “No one is above the law …”.

    Badawi’s message “those who are innocent need not worry” is wrong one if he wants to stamp out corruption. He should have said, “those who are guilty, get worried. It all stops here”.

    Badawi should also think of his IGP. How is the top policeman to fearlessly investigate powerful politicians linked with Badawi unless the Prime Minister himself gives the assurance and unequivocal message that he would back the investigation and whatever conclusions it leads to?

  16. #16 by Tai Lo Chin on Tuesday, 6 March 2007 - 11:28 am

    Kit,

    They won’t consider setting up a Royal Commission of Inquiry.

    Why don’t you use the Parliamentary Select committee on integrity?

    It is a suitable forum because Mohd Johari Baharom is also an MP. Integrity of MP is involved. The other subject is Emergency Ordinance. As a piece of legislation, the parliamentary select committee is proper place to review exercise of executive discretion.

    In connection to “freedom for sale” scandal, the select committee’s term of reference should be to review the established boundaries and parameters by which the Internal Security Minister must act within when exercising his discretion to confirm detention or release under Emergency Ordinance. Then you look at whether Johari has acted within or outside the known boundaries and parameters.

    Let the police do their investigating of the details at the same time.

    You should however demand that Johari and Zulkipli take leave of absence in view of ongoing investigations being conducted on them.

    Investigations will not be credible if they remain in their jobs. The nature of their high ranking jobs permits these 2 embattled officials to exert influence on the relevant agencies to look for ways to discredit the allegations and exonerate themselves.

  17. #17 by eltoro61 on Tuesday, 6 March 2007 - 11:38 am

    Wah, our PM start to sound like Hollywood hero crimefighter.

    First is “Have not fear if you’re clean…”

    Then comes.” … ride the momentum…”

    Remind me of the famous line, ” .. go ahead, make my day…. “

  18. #18 by Jeffrey on Tuesday, 6 March 2007 - 4:37 pm

    We already have a precedent in the past. When ex IGP Rahim Noor assaulted Anwar Ibrahim, he was “tried” by a Royal Commission of Inquiry chaired by the former chief judge of the High Court of Malaya, Anuar Zainal Abidin.

    So why can’t Royal Commission of Inquiry be used against high ranking officials like the ACA director General and the Deputy Minister of Internal Security?

  19. #19 by DarkHorse on Wednesday, 7 March 2007 - 7:50 am

    “They won’t consider setting up a Royal Commission of Inquiry.”

    If everything has to be by Royal Commission then you’re going to suffer from intellectual constipation. There is an easier way to do it and it only needs the political will of the head of the executive branch and let due process take over.

  20. #20 by Jeffrey on Wednesday, 7 March 2007 - 4:17 pm

    YB Kit,

    Prime Minister Abdullah Ahmad Badawi said until investigations are completed Deputy Internal Security Minister Mohd Johari Baharum wouild remain in office. “We do not necessarily have to ask him to resign,” Abdullah added.

    The point here is that asking him to go on leave of absence pending conclusion of investigation is not the same as asking him to resign, as if he were already presumed guilty without due process of law.

    For investigations to be independent and have credibility, they must be “seen” to be so.

    Here the Prime Minister has dismissed a suggestion that there could be interference in the investigations of Johari because the probe is not conducted by the police force in relation to which Johari oversees as Internal Security Ministry. The probe is handed over to and conducted by the Anti-Corruption Agency (ACA) supposedly separate from the police force and reporting direct to the Prime Minister.

    But the rub is this : the ACA itself has its image of being an independent watchdog against corruption severely compromised when its own director general Zulkipli Mat Noor comes under investigation for corruption and since he, like Johari, is not asked to go on leave of absence – and could thereby arouse suspicion of interference in any investigation conducted by the ACA even on another person like Johari – how could the problem be satisfactorily resolved by having a ‘compromised’ ACA investigate Johari?

    Theoretically speaking, as long as Johari remains in position at the helm of police force exercising oversight functions, and Zulkipli likewise in the ACA, there is no way the situation can reinforce public perception of independent investigation on either Johari or Zulkipli, if assuming (for purposes of discussion) both are guilty.

    The reason is because Johari may be viewed to be in a vantage position to influence the police force to go easy on their investigation on Zulkipli in exchange for Zulkipli’s doing likewise to the ACA in their investigations of Johari, quid pro quo – theoretically of course!.

    This is a double bind Catch 22 situation. It still comes back to your suggestion of Royal Comission of Enquiry (as done in precedent case of ex IGP Rahim Noor’s assault of Anwar Ibrahim) that looks sensible given the situation.

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