Parliament has just passed the RM60 billion Second Economic Stimulus Package in the form of a mini-budget, but there has been nothing “stimulating” on the economy.
Instead, the effect had been the opposite as illustrated by the unchecked fall in the Kuala Lumpur stockmarket index in the past six days since the announcement of the RM60 billion package, with the KLSE registering a fall from 858.22 points on March 10 to 841 points at the close of the market today.
Far from being able to stimulate the economy, the Deputy Prime Minister and Finance Minister, Datuk Seri Najib Razak is the main cause for the crisis of confidence gripping the country, even undermining the RM60 billion second economic stimulus package announced by him last week.
In fact, more and more Malaysians and international observers are asking whether, from recent events, Najib’s impending ascension as the next Prime Minister in the next two weeks herald the coming of a new Dark Age in Malaysia for freedom, democracy and the rule of law in the country.
Only yesterday, DAP MP for Puchong, Gobind Singh Deo was suspended as MP for one year without pay and privileges in a high-handed parliamentary proceeding no different from a kangaroo court, without even giving him a chance to defend himself, on a matter which concerned the Deputy Prime Minister.
This morning, together with other Pakatan Rakyat MPs, I was at the Jalan Duta Sessions Court where DAP National Chairman and MP for Bukit Gelugor, Karpal Singh, was charged under the Sedition Act for expounding a simple legal proposition in the country – that the royalty can be brought to court in their official and even personal capacities.
This is a legal principle which had been adopted by law experts and legal practitioners.
For instance Dr. Shad Saleem Faruqi, Professor of Law at UiTM, wrote in the Star on Feb. 11 in the article “Legal turmoil over Perak defections”:
“From day one of Merdeka, the King and the Sultans were open to civil suit for their official actions. They were only immune personally. In 1993 even the personal immunity was taken away.
“In sum it is not a violation of the Constitution to resort to the courts to seek an authoritative opinion on one’s rights and duties. Where else does one go, what else does one do, if one has a claim?”
Former Court of Appeal Judge, N.H.Chan has written an article entitled “Sultan has no powers to ask Nizar to quit”.
Have Shad Faruqi and N.H. Chan committed the offence of sedition, making them liable to prosecution under the Sedition Act?
Karpal had expounded the very same principles, that the royalty are liable to legal proceedings in their official and personal capacities under the law.
Karpal’s prosecution is politically motivated. It is a malicious prosecution. It is a selective prosecution.
The timing of Karpal’s prosecution, a week before the UMNO general assembly is clearly not fortuitous. It is to give the Prime Minister-in-waiting the opportunity to demonstrate that he is tough with the Opposition and Opposition leaders.
Karpal’s prosecution is politically-motivated. This is the political agenda of UMNO. But why should the Attorney-General compromise his constitutional responsibility and sole discretionary power to decide on prosecutions to kowtow to serve the political agenda of UMNO?
The lodging of 100 police reports against Karpal by Umno and Umno Youth divisions throughout the country cannot make what was not sedition into an offence under the Sedition Act!!
Karpal’s politically-motivated, malicious and selective prosecution is the latest in a series of developments which had undermined public confidence in the Rule of Law and important key institutions in the country, creating a full-blow crisis of confidence and raising the question whether Najib’s impending take-over as the sixth Prime Minister marks the coming of Malaysia’s New Dark Age for freedom, democracy and the rule of law for the country.
We have the scandal of the first Umno Chief Justice, and although Tun Zaki has said that he would not sit on cases involving Umno interests, everyone knows that he could still wield disproportionate influence with his powers to select judges and picking court quorums to hear particular cases.
We have the scandal of the Perak judicial commissioner denying the Pakatan Rakyat Speaker the fundamental and constitutional right to have a counsel of his choice, and although this ruling was subsequently overturned by the Court of Appeal, it has contributed greatly to the new round of crisis of confidence over the rule of law and the judiciary, when the country has not fully recovered from two decades of judicial darkness.
These cases, including the malicious and selective prosecution of Karpal, all stem from the undemocratic, illegal, unethical and unconstitutional power grab in Perak orchestrated by Najib himself, which have also seen the police, the Election Commission and even the Malaysian Anti-Corruption Commission, being dragooned to serve UMNO’s political agenda.
If Najib has no qualms in triggering a major crisis of confidence in the independence and credibility of national institutions like the police, the Election Commission and the MACC by launching an assault on the important doctrine of separation of powers by harassing the Perak Speaker and members of the Perak State Assembly Privileges Committee, what is in store for the country when he becomes Prime Minister?
The MACC is supposed to be another Hong Kong’s ICAC (Independent Commission Against Corruption) but it has proved to be a dismal failure, completely ineffective and impotent to address the problem of money politics and corruption in UMNO.
UMNO is awash with corruption, which is openly admitted by UMNO leaders.
Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz, for instance, said in a recent interview that money politics in Umno elections have got worse, saying: “It’s still quite rampant except that it has gone underground.”
The Sunday Star report, “Crunch time for vote buyers” (8.3.09) has a very colourful description of the scourge of money politics and corruption in UMNO, viz:
“A PUTERI Umno candidate who was going to Kedah to meet some delegates was confused when she received a text message asking “Sek Kebangsaan atau Sek Inggeris?” “After asking around, she found out that Sek Kebangsaan – or SK for short – means salam kosong, which literally translates to “empty handshake” meaning no money, while Sek Inggeris – or SI – stands for salam isi or “handshake with contents” meaning there is money. “Later she learnt that delegates were also using other discreet terms like satu tiang for RM100, dua tiang for RM200 and tiang seri (seribu) for RM1,000 to demand for cash in exchange for votes.”
But MACC is blissfully unaware of the gravity of the scourge of money politics and corruption in Umno, to the extent that the MACC could declare early this month that it had completed investigations on claims of money politics in UMNO and found no cases!
Although subsequently, there was a MACC prosecution against an UMNO Youth leader, it has not been able to inspire confidence that the MACC is another ICAC capable of rising up to the occasion to combat and wipe out money politics and corruption in Umno. In November last year, there were 900 complaints of money politics in Umno elections. By now, the complaints of money politics in Umno elections just in the past three months should be in four-figures.
In November, a report in the Umno-controlled mainstream media estimated that more than RM250 million had already been spent in Umno election compaigning. By now, this RM250 million figure would have doubled or even trebled.
But MACC is utterly helpless – with virtually nothing to show in its fight against money politics and corruption in Umno.
News has just come that the UMNO disciplinary committee has barred Umno deputy president candidate Datuk Seri Ali Rustam from contesting in UMNO party elections for involvement in money politics.
The question everyone is asking is how could Ali Rustam continue as Malacca Chief Minister if he is not fit to contest as a Deputy President candidate in Umno because of money politics.
The same question applies to Khairy Jamaluddin as well – how he could continue as MP Rembau when he had been warned for his involvement in money politics.
When is MACC going to act against Ali Rustam and Khairy Jamaluddin, or are there double standards where money politics and corruption in Umno is not corruption to MACC?
Nazri in his interview in Sunday Star (8.3.09) has rebutted the notion that money politics in Umno is an internal affair and not “corruption” which should be the concern of MACC, when he said:
“Actually, a corrupt act cannot be settled at the party disciplinary board level as it is not an offence just against Umno that can be sorted out internally. It goes beyond Umno. It is an offence against the state so nothing can stop MACC from coming in because all these complaints are made by Umno members.”
When is MACC going to move against Ali Rustam and Khairy Jamaluddin, which are only the tip of the iceberg of the scourge of money politics and corruption in Umno.
Pivotal to the whole question of the crisis of confidence besetting the nation is the image of the Prime Minister-to-be, Najib, not only over the credibility and legitimacy of important national institutions but also his own image, credibility and integrity, in particular over allegations about his involvement in the murder case of Mongolian woman Altantuya Shariibuu, especially with the latest publication in the French publication Liberation.
If Najib is innocent of all the allegations against him, he should voluntarily set up a Royal Commission of Inquiry to clear his name so that Malaysians, regardless of political differences, can have a Prime Minister whom they could be proud of and not embarrassed or ashamed because of a thick cloud of doubts dogging, haunting and hounding his every step.
(Speech in Parliament on 2008 Supplementary Estimates on Tuesday, 17.3.09)