Selamat Hari Raya – Speak Truth To Power


Selamat Hari Raya Aidilfitri to all Muslims in Malaysia.

As all Malaysians, Muslim and non-Muslim, celebrate Hari Raya Aidilfitri, it is appropriate that thought should also be given to recent major developments in the country, including:

• Blogger Raja Petra Kamaruddin spending the Hari Raya Aidilfitri in Kamunting Detention Centre as an Internal Security Act detainee, not because RPK has committed any crime but because of his great act of patriotism to speak truth to power. Together with RPK in Kamunting Detention Centre are the Hindraf Five and some 60 other ISA detainees – all of whom should be released immediately and unconditionally.

• The last Hari Raya Aidilfitri for Datuk Seri Abdullah Ahmad Badawi as Prime Minister as a very clear message has been made in the “926” Umno Supreme Council emergency meeting that the “knives will be out” if he does not heed the ultimatum to announce before October 9 that he will relinquish the post of Prime Minister by March next year and that he would not seek re-election as Umno President. In case the message is not clear enough, four UMNO divisions have publicly stated their intention to nominate Datuk Seri Najib Razak and Tan Sri Muhyiddin Yassin as candidates for Umno President and Deputy President respectively. Will there be a stampede of Umno divisions declaring their intention to nominate Najib and Muhyideen for the two top Umno posts in the next seven days should Abdullah continue to be ambivalent whether to re-contest as Umno President or not?

• Whether the Prime Minister presiding over the Hari Raya Aidilfitri next year will be Najib or Datuk Seri Anwar Ibrahim heading a new Pakatan Rakyat federal government; and

• the unprecedented multiple crisis of confidence which had widened and deepened in the past seven months since the March 8 “political tsunami:”, whether political, economic, educational, good governance, nation-building, battle against corruption, eradication of poverty, international competitiveness, resulting in drift and total lack of national leadership and direction, driving away FDIs and rendering the nation ill-prepared to face the financial meltdown looming in the international financial horizon.

Selamat Hari Raya Aidilfitri.

  1. #1 by m.hwang on Tuesday, 30 September 2008 - 4:50 pm

    What happened to the headlights on during daytime campaign? I hardly see any cars with headlights on during the day. Is this how we will forget RPK and his sacrifices?

  2. #2 by m.hwang on Tuesday, 30 September 2008 - 4:52 pm

    Please remember this is not for RPK alone but for all those detained without trial. If you are for the abolishment of ISA then the least you can do is turn on your headlights during the day until all of them are released!

  3. #3 by boh-liao on Tuesday, 30 September 2008 - 5:02 pm

    For those who bother to go to the Putra World Trade Centre tomorrow for the Hari Raya Aidilfitri open house that will be hosted by the Prime Minister and his ministers, please wear T-shirts with the appropriate message (upside down national flag, abolish ISA, free RPK, free Hindraf 5, etc) and remember to tell AAB and his ministers the appropriate message.

    You know what to do and what to say!!

  4. #4 by taiking on Tuesday, 30 September 2008 - 5:53 pm

    Yes Selamat Hari Raya to all muslims.

    And its the time of the year again when locals will leave town and the soon-to-be bumiputras will take over.

    Have a safe drive home anyway.

  5. #5 by jmtstan on Tuesday, 30 September 2008 - 5:58 pm

    unjust.

  6. #6 by ADAM YONG IBNI ABDULLAH on Tuesday, 30 September 2008 - 6:04 pm

    Selamat aidilfitri maaf zahir batin to all muslims.

    raja petra is not forgotten and will not be forgotten.
    all those detained under isa, without trial are not forgotten either.

    thank you yb lim, for remembering that there are over 60 isa detainees deprived of their basic human rights.

    ABOLISH ISA.

  7. #7 by bclee on Tuesday, 30 September 2008 - 6:11 pm

    read current posting from the cell at kamunting by RPK:

    http://mt.m2day.org/2008/content/view/13266/84/

  8. #8 by hadi on Tuesday, 30 September 2008 - 6:24 pm

    For all I care, whatever next celebration that is coming soon, lets see no more Pak Lah, neither Najib.
    Both of them are spoiling this year Hari Raya…50 over years, we still have people ‘Kais pagi makan pagi’ Why?. Do you know, there are so many kids celebrating this Raya less their love one. Their fathers are still alive but are taken away by people in power. How do you explain to those crying mothers and kids just 1 hour from now when the sound of “takbir” dominates everywhere and at all corners of this nation. Is Hadhari still searching AL GHazali. Selamat hari raya.

  9. #9 by James on Tuesday, 30 September 2008 - 6:27 pm

    Yes, Hari Raya Aidil Fitri greetings to all who celebrate the festival. Pls remember our dear patriot & most loyal Malaysian ISA prisoner who is languishing in Kamunting prison not because he has committed any crime nor broken any constitutional law. He was just being honest & God fearing and chose to speak up against corruptions, criminal deeds by the ruling parties & other true n valid misdeeds against the country committed by the very people who swore to rule the country for the benefit of the country & her rakyat. Such injustice & cowardly acts by the BN parties!!!
    Let us all remember our dear YM Raja Petra and his family for their selfless & noble deeds while we celebrate this Hari Raya.

  10. #10 by just a moment on Tuesday, 30 September 2008 - 7:01 pm

    Selamat Hari Raya to all muslims.
    May this year be a very special one, that all will find true love and joy with both families and friends. Pray for peace and keep RPK and family in your prayer.

  11. #11 by lew1328 on Tuesday, 30 September 2008 - 7:14 pm

    Selamat Hari Raya to all muslim and muslimah…

  12. #12 by CSKUEH on Tuesday, 30 September 2008 - 7:26 pm

    “During this Hari Raya season
    May you receive at least a present
    Going back home is the goal
    Driving safely is our role”

    Once again, Selamat Hari Raya Aidilfitri to all muslims.

  13. #13 by Mr Smith on Tuesday, 30 September 2008 - 7:46 pm

    Shame on the PM, Syed Blur, Najib and all UMNO Ministers to celebrate Hari Raya when Raja Petra is unjustly incarcerated on this festive day.

  14. #14 by AsalUsuLMalaysia on Tuesday, 30 September 2008 - 8:25 pm

    SELAMAT HARI RAYA AIDILFITRI PADA SEMUA KAWAN2 MUSLIM-MUSLIMAN SAYA MAAF ZAHIR BATIN^^

    PADA HARI NI HARAP SEMUA SIHAT2 SLALU SELAMAT HARI RAYA PADA KELUARGA RAJA PETRA DAN KAWAN2 PAKATAN.

    SELAMAT HARI RAYA AUNT SAYA DAN UNCLE YANG MENYAMBUT HARI RAYA MULIA INI. DAN BERHARAP PK DAPAT MENYUMBANG LEPAS RAYA INI!. SEMOGA BERJUANG~

  15. #15 by cendana287 on Tuesday, 30 September 2008 - 9:05 pm

    @boh-liao at 17: 02.34
    This wearing of “t-shirts with messages” is a great idea, and should make a successful statement `elsewhere’. But there will be one major problem here with this fellow: Badawi won’t get the message!.

    Yes, he will SEE them, but it won’t do much good with someone who is deluded – his mind is conditioned to reject it.

    I don’t like to say bad things about others – and especially when this “others” is our Prime Minister. But it’s a fact; proven over and over in the past.

    The last example was how he had brushed off lightly the loss in Permatang Pauh – he said something like, “Not a major problem; we still control the federal government” … and ignoring the message the rakyat had sent.

    So, should reporters ask for his comments about “many people wearing those t-shirts with those slogans”; he’ll say, “They are just a very small minority … MOST of the people who attended didn’t wear those t-shirts – that means they support US!”

    The only way to settle this is to either HOPE the top-level Umno people gather enough guts and confidence to force him out. OR, better still, Anwar Ibrahim asks BOTH Badawi and Umno to get out…

  16. #16 by riversandlakes on Tuesday, 30 September 2008 - 9:10 pm

    DSAI ’08!

  17. #17 by pulau_sibu on Tuesday, 30 September 2008 - 9:11 pm

    How can Abdullah, Najip, Syed Hamid,… feel good with Hari Raya while they kept Raja Petra in detention under ISA? These people should not be able to sleep at night by doing bad things

  18. #18 by Ling Mazen on Tuesday, 30 September 2008 - 9:13 pm

    Free Patriot RPK,Free Malaysia from ISA!!!

  19. #19 by Lim Koo on Tuesday, 30 September 2008 - 9:49 pm

    Family of Raja Petra,

    Praises be to Allah, let Raja Petra’s imprisonment be a blessing in disguise. We’re looking forward to having him nominated for Nobel Peace Prize and making Malaysians proud of his noble deeds and princely sentiments.

    SELAMAT HARI RAYA AIDILFITRI to all!

  20. #20 by zak_hammaad on Tuesday, 30 September 2008 - 9:53 pm

    RPK’s anti-Islamic attitude begs the question whether he actually believes in Hari Raya and it’s religious significance. Reading and concluding from the articles from his blog that touch upon Islam, it is clear that he holds the religion in contempt. Spending the festive period under ISA may be a good thing for RPK as his religious rehabilitation begins in earnest.

  21. #21 by OneMsian on Tuesday, 30 September 2008 - 10:23 pm

    SELAMAT HARI RAYA AIDILFITRI TO ALL OUT MUSLIM BROTHERS & SISTERS.

    I am from Sarawak & a Chinese. Tomorrow will be another great day for me & my family because we will be visiting many Muslim friends’ & colleagues’ houses. Every CNY, they too will come & visit me. This is Malaysia & we all celebrate festivals together. But, sad to mention, this is not what BN government want. They want to divide & rule.

    To RPK & other Muslim ISA detainees, I understand that the condition you are in now is bad, but I believe you will be happier celebrating this Hari Raya than those who put you where you are now. Just for one simple reason – you strive for truth & justice but they put you there because they can’t survive with truth & justice. Can a sinner enjoy Hari Raya?

  22. #22 by malaysia-united on Tuesday, 30 September 2008 - 10:28 pm

    Bodowi, najis, syed botak, during raya, you all will organise open house, with bunch of foods and drinks, 10,000 satays, chicken chops, sea foods, beef and lamb, delicous, yummy!!! but have you think about the detainees in the Kemunting with ‘cat’ food as their raya food?

    I suggest you all no need to celebrate hari raya, because all of your pahala from ramadhan had been cancel out due to what you all have done.

    Najis, during raya, don’t forget to prepare some food and put at any road junction, so that the soul of altantuya can have it and won’t go and disturb you and your lovely wife… Sleep well, but don’t look under your bed…

  23. #23 by baochingtian on Tuesday, 30 September 2008 - 10:40 pm

    For the executioners of ISA, it’s meaningless to celebrate Hari RAya when u denied the rights of innocent rakyat of a trial. U have abandoned the rakyat, ignoring our voices and pleas. I do hope u realise your mistakes and take actions before it’s too late…

  24. #24 by daryl on Tuesday, 30 September 2008 - 10:42 pm

    I am not advocating that people shouldn’t wear the free RPK T-shirt to the open house by our PM. However, I think we need to respect the occasion no matter who our political enemy is. A little respect goes a long way in my opinion. You can say to him you would love RPK and all those 60 + in Kamunting be freed after Raya. If you feel like you want to protest than stay outside of the open house as a sgin of protest with the T-Shirt on for all to view. Don’t be like the French who tried to snatch the Olympic torch from a handicap(sorry maybe not be a politically correct word).

  25. #25 by lopez on Tuesday, 30 September 2008 - 10:46 pm

    what akin to release of melati ought to be release of those in the isa.

  26. #26 by human1 on Tuesday, 30 September 2008 - 11:16 pm

    Selamat Hari Raya Aidil Fitri!

  27. #27 by OrangRojak on Tuesday, 30 September 2008 - 11:31 pm

    So I’m confused. Not by the simple humorous protests like headlights on during the day (I imagine a Volvo-driving UMNO member might be confused) and not by the tee-shirt thing, though it reminds me of “Free RPK? I’ll take two!”.

    But how do Malaysians normally individually protest or commend a government action in Malaysia? In the UK, people usually write to their MP, who replies detailing the action (even if it’s inaction) taken on the letter. Do Malaysians do that? At worst, if you want your MP to take up the matter at a higher level, it will help them if they have a bundle of correspondence to show that they’re not just blowing hot air.

    Since I’ve heard no-one mention it, I’m assuming it’s not very popular. Can anybody tell me if it is done at all, or whether any MPs explicitly invite correspondence from their constituents?

  28. #28 by mendela on Tuesday, 30 September 2008 - 11:58 pm

    To side track, wonder why there are so many robbery cases in Penang of late?

    A friend of mine told me this:

    Ever since PR took over the Penang Government, there is very little leakage of public funds to UMNO and its cronies. The result is UMNO and its many cronies need to rob in order to maintain their “normal way” of celebrating Hari Raya!

  29. #29 by BloodSucker on Wednesday, 1 October 2008 - 12:31 am

    Selamat Hari Raya Aidilfitri maaf zahir batin to all Muslims and other Bangsa Malaysia.

    Let us read the Open Letter to Pak Lah from beloved Zaid Ibrahim called to repeal the ISA: read the webpage: http://thestar.com.my/news/story.asp?file=/2008/9/30/nation/20080930173730&sec=nation.

    This is a well written noble letter to remind Pak Lah that he still have the opportunity to leave his footprint in Malaysian history. Malaysians urge Pak Lah to do so by repealing the ISA once and for all. Mr Pak Lah, Malaysians remember very clearly what he once said; that if one has the opportunity to do what is good and right for the country, then he must take on the task. Otherwise, Pak Lah never practised what he preach if Pak Lah fails to repeal ISA before he step down. Pak Lah also not only failed to restore the judiciary independence, eliminate corruptions, BN collapsed, fight high crime rates and stagflation, financial and economy declined. Then Pak Lah steps out of his last day in PM office with a great shame in Malaysian history.

    Malaysians hope Pak Lah will reconsider his final decision to repeal ISA for the nation goodwill during this Hari Raya festival. Then, Pak Lah retired gracefully as a Mr Nice Guy forever and ever.

    Once again, Bangsa Malaysians celebrated Hari Raya under One Nation, One Race, One System and One Dream. Malaysia Boleh.

  30. #30 by cemerlang on Wednesday, 1 October 2008 - 12:59 am

    P.M. gave raya speech together with wife Jeanne. Was this the first time or did other First Ladies gave speech together with their husbands for an occasion ? Remember the shave hair campaign for Raja Petra ? You can do a silent, peaceful demo which carries a very strong message. Please visit as many people as possible because this is what is needed by Malaysia and that is a peaceful multi racial and multi religious society.

  31. #31 by akarmalaysian on Wednesday, 1 October 2008 - 1:00 am

    SELAMAT HARI RAYA TO ALL MUSLIM FRENS.

  32. #32 by kerajaan.rakyat on Wednesday, 1 October 2008 - 1:23 am

    YB Lim,

    Adalah sesuatu yang memalukan apabila perdana menteri dan jemaah menterinya dengan riang gembira menyambut hari raya manakala ramai rakyat yang menderita.

    Selain daripada penderitaan rakyat tidak diperdulikan oleh pemimpin UMNO/BN, ada pula rakyat yang dinafikan hak mereka dengan ditahan tanpa bicara di penjara kamunting.

    Kezaliman kerajaan UMNO/BN semakin jelas. Rakyat mesti terus menentang UMNO sehingga tertubuhnya Kerajaan Pakatan Rakyat.

    Terima kasih YB Lim atas keperihatinan saudara.

    Salam hormat,
    http://kerajaanrakyat.com/

  33. #33 by AsalUsuLMalaysia on Wednesday, 1 October 2008 - 1:48 am

    zak…. i believed in Tantrism.

  34. #34 by anna brella on Wednesday, 1 October 2008 - 2:00 am

    Wishing a Selamat Hari Raya Aidilfitri to all GOOD MUSLIMS and fellow Malaysians!

    And a special Selamat Hari Raya Aidilfitri is wished to all the unjustly locked-up ISA detainees.

    My Raya wish for all of you is this: May BN be no more by the time the next Hari Raya comes around!

    But for now….have a happy festival!

    “Imagine Power To The People” John Lennon.

  35. #35 by Jeffrey on Wednesday, 1 October 2008 - 4:11 am

    Raja Petra Kamarudin from Kamunting (30/09/08) posted, “One of my favorite classics that I used to read in Standard 1 is the Tale of Two Cities, which is about the French Revolution. I can now better appreciate the battle cry “give me liberty or give me death”. They say you appreciate something only after it has been taken away from you. Today, my liberty is at the top of my priority list. But I know it shall not come soon and it shall not come easy and it shall only come if there is a change of government and if the new government fulfills its promise to abolish the ISA”.

    I ask why wait until a “change of government” to abolish/repeal ISA and retrospectively free all prisoners including RPK if Anwar has the “numbers”???

    When Parliament reconvenes on 13th October, Pakatan Rakyat can move a motion in Parliament to abolish/repeal the ISA, which under standing orders may be heard 14 days later on 28th October.

    IF Anwar has ‘majority’ numbers in parliament, the motion to abolish/repeal the ISA will be passed, which indirectly constitutes a vote of no confidence, with PR’s “numbers” voting exceeding BN’s!

    The question is : do you really have the numbers?

    RPK has already made it known : he is counting on Anwar and PR for regaining his freedom.

  36. #36 by Tulip Crescent on Wednesday, 1 October 2008 - 5:41 am

    Jeffrey

    “Give me liberty or give me death,” so declared Patrick Henry, one of the great patriots in the American Revolution.

    The American Revolution preceded the French Revolution. A Tale of Two Cities is about the French Revolution of July 14, 1789, the day they stormed the Bastille. The cry of the French Revolution is “Liberty, Equality, Fraternity.”

    The concept of “citizenship” was born then. So was born many other things, including Rousseau’s “Social Contract” and the concept of the standing army.

  37. #37 by Tulip Crescent on Wednesday, 1 October 2008 - 5:54 am

    Jeffrey

    The speech is entitled “Give Me Liberty or Give Me Death.”

    It is contained in the last paragraph of the speech. Here it is:

    “Is life so dear, or peace so sweet,
    as to be purchased at the price of
    chains and slavery? Forbid it,
    Almighty God! I know not what
    course others may take;
    but as for me,
    give me liberty or give me death!”

    In other words, must we live a-begging or even apologising for our mortal presence? Henry prefers death. That is how much he values liberty. Does the average Malaysian feel like that?

    On another point, the guy to actually watch is not Najib, but Muhyihiddin, that man from Johore, that former Menteri Besar.

    Both have baggages, but Najib’s seems to be a lot more heavier.

  38. #38 by Jimm on Wednesday, 1 October 2008 - 7:19 am

    Selamat Hari Raya Aidil Fitri …

  39. #39 by biggun on Wednesday, 1 October 2008 - 8:54 am

    RPK? how to forget him? we miss him so much!!! I like his style, Selamat Hari Raya RPK, and all of your family at Sungai Buluh!

  40. #40 by Jeffrey on Wednesday, 1 October 2008 - 9:13 am

    Tulip Crescent, thanks for the comments on Patrick Henry’s “Give Me Liberty or Give Me Death”

    To your question whether average Malaysian feel like that about liberty, I certainly hope its not like “Give Me Money or Give Me Death”! :)

  41. #41 by Tulip Crescent on Wednesday, 1 October 2008 - 10:08 am

    Jeffrey

    Thanks for your speedy reply.

    Generally, Malaysians were never that money-ky, at least not in the 1950s, 1960s and 1970s.

    It was only towards the end of the 1980s that they became so.

    It occurred commensurately with the moral degeneration of our country’s political leadership. Our political leaders seem to suffer from a sense of insecurity. That insecurity probably explains their greed for money and worse.

    Speaking as someone who has been away from the country for more than 10 years, I can say that greed is an imperfection in the character of any person.

    And coming to my point, takinga purely sociological look, I find that our political culture has changed – alas, for the worse. This cultural change has ushered in the present group of gate-keepers who are always looking for “a few dollars more” – without Franco Nero in train!

  42. #42 by Ling Mazen on Wednesday, 1 October 2008 - 11:27 am

    Zak, Presuming that you are a muslim,do you actually believe in Hari Raya and its religious significance yourself?If you do ,isn’t it contrary to the spirit of Hari Raya to make a negative commentary….”ISA may be a good thing for RPK”….on the eve of Hari Raya? Is it good? If you aren’t a muslim, my apology.If you are salam Adilfitri,ma’af Zahir dan Batin.

  43. #43 by HB Lim on Wednesday, 1 October 2008 - 2:36 pm

    Zak, continue to think that you are God or a better Muslim than RPK. Continue to think that way throughout this holy season and feel real proud of yourself. You deserve God’s favour and RPK deserves the wrath of God. Selamat Hari Raya.

  44. #44 by dat2108 on Wednesday, 1 October 2008 - 4:29 pm

    selamat hari raya aidil fitri to all muslim. Free Malaysia from UMNO and BN! Lets support PR for our good future!

  45. #45 by ekans on Wednesday, 1 October 2008 - 5:15 pm

    Ya, saya pun tidak mahu ketinggalan untuk mengucapkan Selamat Hari Raya Aidil Fitri kepada semua rakyat Malaysia yang beragama Islam.

    Semoga segala ketidakadilan dan penindasan didalam negara yang kami cintai ini akan dihapuskan.

  46. #46 by kerishamuddinitis on Wednesday, 1 October 2008 - 9:21 pm

    Headlights on during the day? I didn’t know that! I missed it. OK, mine will be on till RPK is free. I did read the plea to send him Raya cards and to continue sending him cards despite RPK getting only 10 cards a day. I have sent him dozens of cards and I will continue to do so till he is out of that hell-hole. At some point the stupid prison authorities must either give him the cards or destroy them. Then, a mountain of cards will be difficult to conceal as they burn them. I am getting the T-shirts on RPK and I shall wear them in public as often as possible. What else can I do to show him my support? What else can we all do?

  47. #47 by bclee on Thursday, 2 October 2008 - 12:15 am

    “RPK’s anti-Islamic attitude begs the question whether he actually believes in Hari Raya and it’s religious significance. Reading and concluding from the articles from his blog that touch upon Islam, it is clear that he holds the religion in contempt. Spending the festive period under ISA may be a good thing for RPK as his religious rehabilitation begins in earnest.” quote Zak

    do islam can detained people without trial zak,if u think RPk was wrong please sent him to sariah court,that it’s sariaah court for?
    do islam ask u to detained any good citizen as u like,u became a unmost higher than Nabi Muhamad to make justment on right or wrong ? u ada tuhan saya pun ada tuhan,u prey 5 times a day i prey less but whose right or wrong tuhan saja tau.

  48. #48 by yhsiew on Thursday, 2 October 2008 - 10:53 am

    To avoid going through a miserable Hari Raya festive season (after having been dealt with by the UMNO Supreme Council), I suggest Abdullah take the advice of Zaid Ibrahim and repeal the ISA to leave behind a legacy of liberalization and be known as “The Freedom Warrior of Malaysia” which will be remembered and cherished by every Malaysian.

  49. #49 by counsel888 on Saturday, 11 October 2008 - 2:34 pm

    INTRODUCTION

    Just when the dust had begun to settle on his previous and unfortunate misadventure, a naked attempt to throw Malaysia into chaos and seize government in the ensuring confusion, Anwar Ibrahim appears once more to have gravely miscalculated his moves, demonstrating a mercenary ‘the devil may care’ attitude in his unquenchable lust for power. If there is one thing that will forever characterize Anwar’s contribution to Malaysian history it is this. He will be remembered as the man who never failed to waste or squander an opportunity through his own vanity and his unwavering belief in his own infallibility and invincibility. Hitler too suffered from that same complex.

    The sheer audacity of Anwar’s putsch this time is only dwarfed by enormity of the arrogance of the man’s ignorance. Using an outdated apocryphal document he calls Video Korupsi Tun Datuk Fairuz dan VK Lingham, (“Video”) Anwar seeks to revive his faded jaded personal and his political reputation and leadership ambitions with a sensational policy free campaign.

    THE VIDEO (Video Korupsi Tun Datuk Fairuz dan VK Lingham)”

    What the Video is proof of is nothing more than a documentary footage of an Indian male, even if that Indian male is VK Lingham, engaged in a monologue over a telephone.

    To Anwar it purports to be a record of proof of an act of corruption in recording what he asserts is a private conversation between the Chief Justice of Malaysia and a lawyer (identified in the video as VK Lingham) conclusively therefore also proof of corruption against the judge and Lingham.

    There is no dialogue. We hear no one else. The Video is evidence of and proves nothing more than just that. Perhaps just a little more. That the Anwar camp has no regard for the privacy of individuals, nor regard for the law is evident in his actions nor is there any indication that Anwar understand the law or how it works.

    What surprises many around the world and yet seems oblivious to a sector of the Malaysian community, the Malaysian legal fraternity and their Human Rights Advocates (at least that’s what they prefer to be portrayed as) if that’s not stretching credibility too far, is the failure of these two groups to comment on, or to challenge this glaring defect in this egregious document, the Video in support Anwar’s claims of proof of corruption against the judiciary in Malaysia.

    *CORRUPTION AND JUDICIAL MISBEHAVIOUR

    *Like the word corruption, judicial misconduct and judicial misbehaviour has no universally defined meaning. Instead each of these terms can be applied selectively in any given set of circumstances.

    At its weakest, it is used to define a morally or socially unacceptable or questionable form of conduct to make it sound so reprehensible as to deserve legal sanction.

    It should be noted that regardless of the jurisdiction, a majority of jurists and politicians in common law countries would not be in favour of any statutory definition of what constitutes removable misbehaviour , misconduct, incapacity or what divides removable misbehaviour from non-removable misbehaviour in the case of judicial misconduct.

    However worthy such an endeavour might be in principle, it would seem to be a near impossible and impractical exercise due to the difficulties in identifying and defining the offence in this area.

    For example, there is widely held opinion amongst internationally renowned jurists and academics that the term misbehaviour or misconduct as far as judicial officers are concerned should be used in a way that meets the ordinary definition of those terms and should not to be restricted to misconduct in office or to conduct of a criminal nature.

    A considerable degree of leeway is thereby offered for debate and interpretation as to what constitutes misconduct and as to whether, in any particular case, it constitutes a “hanging offence”.

    It will be recalled that the Commissioners in the Lionel Murphy affair, (Lush, Blackburn and Wells) were to some degree in unison about notions such as

    • conduct judged by contemporary standards which casts doubt on a judge’s suitability to continue in office;
    • conduct which, being morally wrong, demonstrates the unfitness of the judge to continue; and
    • behaviour which represents a serious a departure from the standards of proper behaviour by the judge that it must be found to have destroyed public confidence in the judge.

    Perhaps the last of these categories as propounded by Lush, Blackburn and Wells is what Anwar was alluding to. But the manner in which he presented his case and his credentials as the future leader of Malaysia behind the veneer the tapes leads to more questions being asked about Anwar’s credibility, his capability and his character (his character is an issue when he attacks the character of his opponents).

    World renowned legal commentator and professor of law, Tony Blackshields of Macquarie university Australia, notes that in the Federal context, (applicable in the Anwar tapes question (my opinion)), “Misbehaviour is essentially a political rather than a legal notion”.

    It was further argued or submitted in the Lionel Murphy matter that the distinction between criminal and non-criminal behaviour is not necessarily going to be very helpful.

    For example, while a conviction for a lower or medium level drink driving offence or a minor assault may not be regarded as sufficient for the removal of a judicial officer, non-criminal behaviour such as persistent failure to produce timely judgments or repeated serious rudeness to litigants and/or lawyers could be.* ( *adapted from the Sallman Paper 2005)

    Anwar did not allude to any of these notions or suggestions but instead went on a whim to cling on to an outdated piece of questionable but sensational document suggesting a desperate action by a desperate man.

    On the face of repeated complaints where proof is readily available from the record and the bar, for persistent failure to produce timely judgments or repeated serious rudeness to litigants and/or lawyers for which there is ample proof, Anwar would have been better submitting these as examples of misconduct rather than a feeble sensational video to make his case then fall on his sword.

    PROOF VERSUS PUDDING –
    PROCEDURAL FAIRNESS AND INADMISSIBLE EVIDENCE-

    If this is Anwar’s and Elizabeth Wong’s idea of proof of corruption (as opposed to inadmissible and uncorroborated evidence) and proof of the truth to their assertions, then that video unfortunately purporting to show Anwar’s good wife engaging in an intimate encounter with a white male in a hotel room, (an Australian or American journalist according to the commentary) a video which once did the rounds of the internet when Anwar was imprisoned, is by these same standards he now applies to Fairuz and Lingham, evidence of his wife’s infidelity and his party’s immorality if not by implication then at least expressly so. She was once their president.

    That video of Anwar’s wife (which it purports to be) which no one should condone for what damage it does to unsuspecting individuals in the exercise of their private rights, cannot be proved to contain anything factual or of public benefit without the benefit of an open trial and testing of that evidence. Such is an example of the dangers of cheap entertainment and an immoral stunt to defame being submitted as proof.

    Anyone who supports such a stunt without the benefit of a proper investigation, procedural fairness and conclusive proofs of the assertions made is equally at the very least morally culpable.

    THE MALAYSIAN LEGAL PROFESSION

    Clearly Malaysian lawyers have a credibility problem if they do not unequivocally condemn Anwar’s pernicious theatrics. In remaining silent observers and indolent spectators on the sidelines in the face of such an unprecedented assault on the judiciary, the dignity of the office of the Chief Justice and the courts, they are guilty of a gross dereliction of their duty as officers of the courts.

    Politics and political biases should not interfere with such a duty. It is a duty they must discharge impartially as is expected of them. Lawyers by their training are expected to be forensic and detached, not partial and biased. The law cannot operate fairly in an environment where fairness, truth and merit are casualties whilst mediocrity and bias are the criteria for justice to prevail. This is an assault on the competence and integrity of the entire legal system which includes lawyers as its largest constituent component.

    Lawyers ought to know that it is for the courts (and that includes them as officers of the courts) to dispense justice rather than for an individual like Anwar to dispense with justice with their tacit support in pursuit of a purely personal and political objective.

    What’s also perhaps more disturbing in this affair is the lack of discussion or argument about those critical legal issues of evidence, probity, political and moral integrity that will eventually impact on all of us if Anwar gets his way with government which the Malaysian bar appears to have conveniently ignored with their silence.

    AN EXTREME OF THE EXAMPLE OF PROFESSIONAL INCOMPETENCE

    Consider the following proposition in the light of the position the Malaysian bar has adopted in this affair.

    The ultimate statutory sanction against a human being in Malaysia is the death penalty. It applies to persons who are found in unlawful and unlicensed possession of firearms as well and more notably it applies to persons in possession of drugs of dependence such as marijuana, cocaine or heroin.

    In the absence of the expected outrage on pressing legal issues raised by the Video, an outrage which has yet to manifest itself from the Malaysian bar, one can only wonder as to how many Malaysians who dangled on the end of a hangman’s noose paid that ultimate price for the incompetence or ignorance a Malaysian legal practitioner acting in their defense.

    This Video purporting to show VK Lingham engaging in a conversation with Chief Justice Fairuz is designed to bring the reputation and credibility of the bench and the courts of Malaysia into disrepute. Lawyers must remember that the bench is made up of persons from their esteemed ranks.

    Anwar’s actions in this particular instance constitutes the offence of contempt of court. A politically bankrupt exercise designed to smear individuals he does not like with his contumely against an elected government of the day through a cowardly act of the most sinister sort, has neither legal nor moral basis.

    Interference by breaching the privacy of an individual through use of untested perhaps even manufactured evidence which Anwar relies on in support of his vain belief that he is the only worthy contender for the office of Prime Minister of Malaysia, is reflective of the extent to which a delusional narcissistic Anwar will go in pursuit of his ambitions at the expense of others.

    Anwar demonstrates an embarrassing inability to distinguish fact from fiction, evidence from proof or a clear understanding of the law. Anwar demonstrates a level of culpability, recklessness and reinforces the fact he is clearly a man with little regard for the law or the constitution.

    A totalitarian blackmailer is more likely the character he proves himself to be in this unfortunate episode, having further gone on the record to make the claims that the judiciary is corrupt based on a suspect video and his discredited word.

    Some media like Malaysia Kini and the legal profession on the other hand willingly and irresponsibly assist Anwar to muster a misguided public in manufacturing consent.

    WHY ANWAR’S ACTIONS ARE INEXCUSABLE

    As a politician with a considerable degree and wealth of experience in the intimate workings of government and a long career of having dealt with the law and government at the highest levels, his smear and defamation of the bench is inexcusable, unforgivable, deliberate and without proper cause.

    If this were the rantings of an uneducated rural Malay, an Indian plantation labourer or a common Chinese Malaysian whom many believe have an in built anti Malay bent anyway, then the making and publishing of such defamatory material, labeling it so confidently as evidence of corruption could be tolerated and to some extent excused.

    However when presented so confidently as proof by someone of Anwar’s perceived caliber, his mischief is criminal, deliberate, seditious, treasonous, reckless and criminal.

    Here is an individual who so readily points the accusing finger of corruption, malice and inequity towards his colleagues, his partners in crime with whom he once shared a common goal, acting as a repository of the trust of Malaysians.

    A WOLF IN SHEEP’S CLOTHING?

    The obvious question on everyone’s lips is, how come Anwar remained so deafening silent when the ISA and all other forms of ‘undemocratic behaviour’ during his time in government was inflicted on so many? What makes Anwar so believable now? especially with his reckless and unlawful defamation of the office of the Chief Justice of Malaysia without reason cause or proof apart from his personal desire for revenge?.

    Anwar’s attempts to convince us his ‘road to Damascus conversion’ occurred sometime during the currency crises in 1997 and that he is now a changed man for the better is less than convincing in light of this unfortunate episode in his political life. The 16th of September has now come and gone. It is history like he is fast becoming himself.

    Where is the evidence if not the proof of Anwar’s sudden change? or is Anwar suggesting that the moment he left parliament for the last time everything went pear shaped and corrupt and therefore suddenly worthy of his contempt for the nation which gives him license to defame his opponents with impunity? Or is he perhaps suggesting something else to us, such as perhaps, he was himself complicit in that culture of corruption he suggests existed whilst he was in office, but that the real offence committed by the government of the day was that he was not placed in charge of the till?

    A MAN UNDER SEIGE

    Except for his coterie of rabid fanatics, ignorant legal advisors and sycophantic admirers, it is hoped he will be made an example of for what he has now done by his reckless childish behaviour in thwarting any real opportunity by those committed to exposing real corruption and undemocratic behaviour wherever it occurs.
    Sadly Anwar has lost any semblance of credibility that may have existed within him as a residue of his last disastrous adventure, with this farcical, deliberate tarnishing of the reputations of either Fairuz or Lingham.

    Indelibly stamped across his feeble attempts to grab power again through anarchy is the clear absence of statesmanship. Brinkmanship maybe, but where is the cause or principle?

    If the judiciary is corrupt, then let due process prevail. The general suspicion is that too many within the legal profession themselves find this ‘expose’ too close for comfort which is why their silence is deafening.

    The more pressing problem is the question of whether members of the legal fraternity in Malaysia have the requisite skills or levels of competence to prosecute or bring a successful action against those they ‘suspect’ of corruption without revealing a tainted hand.

    Anwar has tarnished the image of Malaysia’s courts and its judicial institutions to an extent it can only be remedied by locking him up after an open trial and throwing away the key, bad back or otherwise.

    He deserves to be reminded that the quality of evidence he accused the Mahathir government of relying on at his trial, labeling it unfair, tainted, manufactured and inadmissible is now the very same quality of evidence he relies on to defame his targets. Anwar cried for procedural fairness during his trial. His recent actions demonstrate an acute lack of understanding of that concept.

    In his own words and by implication of what he conveyed at his recent press conference, Fairuz is in his cross hairs for revenge because Fairuz he claims was part of a ‘conspiracy’ to destroy him.

    That’s not good enough a reason to hold the nation and its political and legal institutions to ransom. Or is it fair game in pursuit of a larger political objective? Clearly the nation and its people are dispensable commodities where Anwar’s political ambitions are concerned.

    AN EXPRESSION OF FATE OR A FATEFUL FATAL EXPRESSION

    No conspiracy was needed to destroy Anwar except a conspiracy of truth, fact and the law. Considering Anwar’s demonstrated abject , unmitigated ignorance of politics and law and his contempt of the law, the judiciary or the liberties of individual citizens whether these be VK Lingham or Fairuz , Anwar needs no enemies to fail. He shoots himself well in the foot and is self destructive enough for others to let him engineer his own demise again. If Anwar does not take his foot out of his mouth soon he may well commit political suicide as well.

    Anwar reinforces the proofs and the truth behind his conviction for sodomy to the extent that, the standards of proof established at his trial was far higher than the standards of proof he is able to establish to prove the culpability of Fairuz and Lingham in the commission of such a grave offence as judicial corruption.

    For a politician having experienced both of the extreme examples of what the law may dish out to the unwary when abused, he still seems terribly ignorant, careless and quite clearly indifferent to the seriousness of his charges against his victims and appears clearly not to have learned his lesson.

    DOCUMENTARY EVIDENCE AND HEARSAY

    In legal proceedings it is generally accepted that there must be a subject matter for determination, and some immediate right, duty or liability to be ascertained by a court.

    In order to establish that there is a prima facie case (ignoring for the moment the magnitude of the offence complained of) due process and reference to established legal practice should be the first course of action.

    Anwar may like us to believe that he is being chivalrous by his behaviour. His actions though appear to belie a somewhat sinister, cavalier attitude and design for what is by his own admissions a campaign of retribution en route to his ultimate destination, the office of prime minister.

    Anwar appears to be totally naieve about the dangers of relying on video recordings (second hand hearsay ) ( a case of sex lies and videos or is it life imitating art?) purporting to show what is clearly uncorroborated ‘evidence’ of proofs that the events complained of occurred. This most unfortunate outburst by him will be the root cause of his downfall again.

    In such a vain attempt to grab power through sensation and unsubstantiated, uncorroborated claims of corruption, it may be useful for Anwar to examine the reasons why courts in common law jurisdictions do not allow for the admission of these types of evidentiary material to be used against an accused save in exceptional circumstances and even then only where permitted by law.

    The law of evidence and the common law provides adequate studies of the dangers of second and third hand hearsay evidence against an accused especially if in uncorroborated documentary form.

    THE BABE FACTOR

    People may recall the popular animated film Babe. Babe is an Oscar winning film depicting a pig, ducks and other barn animals speaking effortlessly in English with flawless lip sync, seamless edits and the unmitigated use of computer graphics.

    The film cleverly uses animals in animation to reinforce a cryptic moral message so convincing to its audiences. It also provides the most compelling contemporary evidence of why the use of such material as the Video can be dangerous when presented as unimpeachable evidence of proof of his assertions.

    With the advent of computer film technology now available in “off the shelf” software to anyone desirous of creative or damaging mischief, anyone with half a brain can concoct what Anwar relies on for his very conclusive statements about the Judge and Lingham. That is not to suggest that Anwar concocted this Video.

    The point is that it is possible for someone with the necessary tools to create such a Video. The US continually uses it to discredit its enemies like Osama Bin Laden.

    THE LESSON

    If a pig could speak and a horse argue (which by the way many young Americans interviewed after the film said, they believed possible, citing the example of a parrot speaking human languages even if only by repetition) then surely Anwar’s base intelligence should have told him that applying the same medium to his mischief carrying his evidence as proof, it is also equally possible to produce the same result he now relies on in this tape he presents as proof of corruption.

    This is precisely the reason why competent courts do not and are under a duty not to admit such evidence without proper cogent corroborative supporting proofs.

    THE DANGER THAT IS ANWAR

    For Anwar to stoop so low is final reinforcement of the dangers of ever having him in parliament let alone as a future Prime Minister of Malaysia. He cannot be trusted to distinguish fact from fiction, he has very poor choice of legal advisors and has now been dragged into a final act of self destruction through political suicide driven by desperation of his own incompetence and ambition. (foot in mouth disease).

    If he were ill advised into this perfidious act against his nation, he has a duty to at least to dismiss his entire legal team and his political advisors immediately he discovers the futility of pursuing this stunt with its dire criminal implications for him. It has far reaching consequences for his personal and professional reputation and whatever may be left of his political integrity.

    Anwar demonstrates a characteristic beneath contempt for what he has done or attempted to do to Lingham and to Fairuz regardless of what one may perceive of both these individuals privately. He demonstrates a terribly immature and unstable personality devoid of the statesmanship qualities one would expect of a would be political leader.

    It is widely hoped that he will contain his vanity, uncontrollable anger and desire for revenge in order to re establish his credentials and redeem himself once again to convince that he is what Malaysia needs (like a hole in the head at this time).

    In parting, someone should perhaps introduce Anwar to this verse:
    “The heights to which great men have leapt were not achieved in sudden flight. But they whilst their companions slept were toiling upward in the night”

    Harvard and George Washington University may also for their part wish to take time out for some introspection. Their hasty willingness to bolster their jaded reputations with the hype associated with awarding unmeritorious honorary professorships and doctorates to people like Anwar and others for purely politically expedient reasons will only enhance their reputations. Bad reputations that is.

    Gopal Raj Kumar
    Australia

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