While the Cabinet decision to make public the report of the Royal Commission of Inquiry into the Lingam video clip is to be applauded, one jarring note is the police report lodged by the Prime Minister’s Department against several newspapers under the Official Secrets Act (OSA) for publishing earlier the findings of the inquiry and its recommendations.
Et tu Zaid Ibrahim?
Before his reprieve from the political wilderness as a result of the March 8 “political tsunami” and surprise appointment to the Cabinet, Zaid had called for a purge of the culture of secrecy “once and for all”, proposing that “official secrets” should be defined and limited to matters of “real” national security such as inter-governmental communications, information from the police and military intelligence, issues affecting public order and Cabinet minutes – “that is, where harm to the nation is actual and probable, not according to the whim and fancy of the government”.
What actual and probable harm had been done to national security or public order by the New Straits Times, the Star, Berita Harian and Sin Chew Daily and others for the publication of the findings of the Lingam Video Tape Royal Commission of Inquiry before Friday’s Cabinet decision to make the report public, as to justify Zaid Ibrahim’s directive to the Prime Minister’s Department to lodge police report against the newspapers concerned.
The police report against the newspapers also runs counter to the renewed pledge by the Prime Minister after the March 8 “political tsunami” for a more open, accountable and transparent society including the promise to introduce Whistleblowers’ Protection legislation.
Just as corruption breeds on too many unnecessary regulations, an open, accountable and transparent society is stifled by too many draconian laws like the Official Secrets Act – most of which should be repealed.
Instead of invoking the OSA, Zaid should withdraw the police report against the newspapers for performing a national service in publishing findings of the Lingam Video Tape Royal Commission of Inquiry.
It is the Cabinet which should change its mindset to keep abreast of international benchmarks and best practices common in first-world developed nations – to make public Royal Commission of Inquiry reports simultaneously as they are submitted to the appointing authorities, without having to go through the sieve or censorship of the Prime Minister or Cabinet, as they must serve the public and national interests and not the interests of any individual or even the Cabinet of the day.
#1 by assamlaksa on Saturday, 17 May 2008 - 6:42 pm
By invoking the OSA Zaid implies that the Lingam Video is an:
“issue affecting public order – “that is, where harm to the nation is actual and probable, not according to the whim and fancy of the government”.
The harm is already done. Now they are trying to do damage control.
#2 by Jeffrey on Saturday, 17 May 2008 - 6:43 pm
If “Et tu” (even you) is used to express surprise and dismay at the treachery of a supposed friend, why is it supposed that Zaid Ibrahim was the one in Prime Minister’s Department responsible for lodging the police report against several newspapers under the Official Secrets Act (OSA) for publishing earlier the findings of the inquiry and its recommendations?? The are in, the Prime Minister’s Department, the PM, Deputy PM, 4 other ministers besides Zaid and 5 deputy ministers…..
Going back to March 26th one recalls that Zaid recommended that the government should apologise to the victims of the 1998 judicial crisis… “I have presented my view that the government should apologise to Tun Salleh (Abbas) and the judges. Well, I am afraid the view has yet to be considered. There are many people who are more experienced and are wiser than me. So, we have to wait. I don’t think I want to add anything more to this,” Zaid the de facto Law Minister said after chairing his ministry’s first post-cabinet meeting then. He did not go into details. Zaid may not be the main player, and we don’t know as a fact that he was main advocate of action to be taken against newspapers (including UMNO affliated NST & Berita Harian). Does this not suggest that Zaid does not have the full suport of other ministers??
As I said before the powers that be are giving conflicting signals to (a) reform, open up and liberalise on one hand and (b) to repress and resort to old ways on the other – all at the same time!
No objective observer will fail to sense that UMNO/BN is presently divided straight down the middle between these two broad factions each struggling for mastery of how and by which way (a) or (b) the interest of BN/UMNO and the ends of power are better served after the political tsunami of 8th March 2008 that had thrown all their traditional assumptions and expectations into disarray and consecrated disorder!
#3 by ADAM YONG IBNI ABDULLAH on Saturday, 17 May 2008 - 6:55 pm
YB,
I would ageed that the Royal Commission of Inquiry into the Linghamgate should be released the day after the DYMM Tuanku Mizan received His copy. After all , it is a Royal Commission reporting to HRH, and certainly not the cabinet ministers.
Again, if we read the articles in The Star today, the tycoon and the lawyer are both out of the country. And, the AG is asking for time to decide on whether to initiate investigation or otherwise. Double standard. After the judges Inquiry, YB, should also raised in parliament on the selective charges against the corrupted ” BIG FISHES”. How many big octopuses have been charged in court for corruption.?
#4 by Jeffrey on Saturday, 17 May 2008 - 7:07 pm
The wonderful part is because of internal divisions nobody knows exactly who is doing what. For example, Election Commission (EC) chairman Tan Sri Abdul Rashid Abdul Rahman disclosed that it was the Cabinet that did not approve the use of indelible ink during the March 8 election, though he was told to take responsibility for agreeing to it. (Even if Zaid personally lodged the police report, how do we know for sure he did not object and was not directed over his head by “wiser and more experienced” cabinet colleagues to do so in his capacity as minister in charge of law??? – just like the way EC Chairman was asked to take the rap and flak?? We also don’t know who exactly in the cabinet objected at the 11th hour to the use of indelible ink. As it many other things, responsibility is collective, and culpability, in terms of being prime mover of any decision, is shrouded in a mist of secrecy, asisted in no small way by the Official Secrets Act. Cabinet decisions and their deliberations are also under OSA : will the EC Chairman be also charged for OSA? If he could wouldn’t Zaid be charged for OSA if he revealed the cabinet deliberations? So even if he objected during cabinet deliberations of OSA being used against the media, he could not reveal it and he is bound by principle of collective cabinet responsibility to lodge the report as directed by cabinet even if personally objected to the move. No point asking him to resign lah just because of this.
BERSIH campaigned on platform of EC not being independent ie partial towards ruling coalition. Also true the mainstream newspaers, then and even now manacled by Printing Press Publication Act, owned by political parties, have their editorial board vetted and apointed by powers that be, served and are expected, as state’s organs and apparatus, to serve the power of the state and the incumbent ruling party.
So why the invocation of OSA against the same organs and apparatus that have traditionally served those in power???
To me it suggests that the same people in power are divided with one faction undermining the organs/apparatus taking sides with the other faction. This is a snapshot of …what they call it ??? – implosion?
#5 by zack on Saturday, 17 May 2008 - 7:18 pm
Mahathir must have regained his memory which was lost while appearing as a witness in the VK Lingam Royal Commission ……
…. “Saya sedia disiasat dan didakwa di mahkamah,” kata Mahathir
17-05-2008 06:16:38 PM
JOHOR BAHARU: Bekas Perdana Menteri Tun Dr Mahathir Mohamad hari ini berkata beliau bersedia disiasat dan didakwa di mahkamah berhubung dengan hasil siasatan Suruhanjaya Diraja mengenai klip video Datuk V.K Lingam.
Pendakwaan terhadapnya di mahkamah akan memberi peluang kepadanya untuk menerangkan tentang pelbagai perkara yang dilakukan oleh hakim-hakim termasuk berkenaan usaha melobi, kata Dr Mahathir kepada pemberita di sini hari ini.
Beliau sebelum itu menyampaikan ucaptama di Forum Umno Pasca Pilihan Raya Umum ke-12 anjuran Badan Bertindak Gabungan AhliAhli Akar Umno Johor dan MykmuJohor.com di sini.
Dr Mahathir berharap siasatan terhadapnya tidak akan ditamatkan di atas alasan tiada kes.
“Jikalau begitu saya tiada peluang untuk menerangkan apa yang berlaku. Sebaliknya jikalau didakwa di mahkamah, maka saya dapat menerangkan apa yang saya lakukan dan apa yang orang lain termasuk hakim telah lakukan di dalam perkara lobi.
“Saya hendak cerita berkenaan hakim-hakim yang melobi saya. Jikalau melobi adalah salah, maka hakimhakim ini sepatutnya disiasat,” kata bekas perdana menteri itu.
…….
#6 by Mr Smith on Saturday, 17 May 2008 - 7:38 pm
These are political chameleons. They exhibit bright colours when outside but when they get into the UMNO’s upper chambers they change their colour to blend with the surrounding.
Once in UMNO’s cess pool they get sullied. So is Zaid.
#7 by Godfather on Saturday, 17 May 2008 - 8:33 pm
Badawi and the den of 40 thieves can’t be changed from within. Whoever joins the den will also have to accept the modus operandi of thieves.
#8 by penang308 on Saturday, 17 May 2008 - 8:41 pm
Now “BLOODAWI” IS SHOWING HIS TRUE PICTURE!
WHOEVER STAND ON HIS WAY WILL BE PUT IN JAIL! That include Raja Petra, Karpal Singh, Tun Mahathir and all the newspaper that not OBEYING his instruction.
#9 by Samuel Goh Kim Eng on Saturday, 17 May 2008 - 11:17 pm
Why fuzz over small harmless technical issues
When more important matters requiring immediate action
Are kept aside ‘until further notice’ like used tissues
Acting like distractions that border soon on hibernation
(C) Samuel Goh Kim Eng – 170508
http://MotivationInMotion.blogspot.com
Sat. 17th May 2008.
#10 by assamlaksa on Sunday, 18 May 2008 - 12:05 am
before we charge the newspaper, shouldn’t we charge those people who release the information to the press?
#11 by rckk007 on Sunday, 18 May 2008 - 12:06 am
Hmmm. Just thinking out loud.
If Zaid is to charge anyone or lodge a police report, shouldn’t he be going after someone inside his Ministry? Surely it does not take an intelligent person to know the information must have come from inside, or is he afraid it might expose more if he does so…
#12 by donplaypuks on Sunday, 18 May 2008 - 12:30 am
Dear LKS
While we are on the subject of transparency & accountability, and the latest news on the India Inkgate Scandal, please raise th efollowing issues in Parliament:
1. Question the 1st & 2nd Finance Ministers on how they calculated that M’sia’s per capita income grew by 40% between 2004-2007. I belive the statistics were massaged by manipulation of exchange rates, instead of using consistent exchange rates.
2. Petronas says we may run out of oil by 2025, but the Yapcop claimed it is 2011 . Which is the correct year?
Both these statements were made publicly by the new MP just before GE 2008. I think these were election stunts to mislead the elctorate. He should be charged with misbehaviour and misrepresenting the facts.
#13 by kanthanboy on Sunday, 18 May 2008 - 5:50 am
“Voting is your fundamental right and even if you reject the use of the ink, you must be given a ballot paper. It is an implied human right. You should not be putting roadblocks to prevent anybody from voting,” Election Commission Chairperson Abdul Rashid Abdul Rahman
____________________________________
He forgot to mention the fact that he had even allowed dead people to vote!
#14 by k1980 on Sunday, 18 May 2008 - 7:56 am
M’sia’s per capita income grew by 40% between 2004-2007?!
http://www.nst.com.my/Current_News/NST/Saturday/National/2242603/Article/index_html
#15 by pjboy on Sunday, 18 May 2008 - 10:01 am
Our ruling gov is full of flip-flop ministers. Now we have a flip-flop de facto law minister.
#16 by pjboy on Sunday, 18 May 2008 - 10:03 am
Adding to Kanthanboy:
He also allowed certain people to vote several times in several towns. Some may be dead, some may be alive!
#17 by Damocles on Sunday, 18 May 2008 - 4:31 pm
“(Even if Zaid personally lodged the police report, how do we know for sure he did not object and was not directed over his head by “wiser and more experienced” cabinet colleagues to do so in his capacity as minister in charge of law???” – Jeffrey
If that is the case, and he is someone with principles, he should stand by them.
If worse comes to worst, he should resign rather than let anyone ride rough shod over him.
We need people with principles holding posts of authority.
#18 by DG on Sunday, 18 May 2008 - 8:15 pm
It seems that recently appointed high profilers to parlimentary MP’s had been under the strings of master puppeters! Sad yet true! Had it to end like this? “KERANA RAKYAT SUDAH NAMPAK SEMUA”
#19 by I Malaysian on Monday, 19 May 2008 - 2:15 am
Najib in his latest comment has indicated that the prosecution might not even take place. Though for many this could be a surprise I did expect this sooner or later especially after Dr.M’s meeting with Najib.
Both of them has vested interest in avoiding a credible judiciary in Malaysia. For Dr.M it could threaten his legacy and for Najib it could be an obstacle to succeed his rightful premiership as Altantuya could be a problematic case.
And Zahid Ibrahim has an uphill task to push through this prosecution. Hope Zahid becomes the winner.
#20 by boh-liao on Thursday, 22 May 2008 - 11:18 am
theStar, 22.5.08: Tengku Adnan Tengku Mansor who has been implicated in the V.K. Lingam video recording said he had read the Royal Commission of Inquiry report and was “cool” about it.
What’s all the fuss? He believes small issue like this can be easily ‘kowtim’ed. Sup sup soi-lah. Next!