The Parti Sosialis Malaysia (PSM) Six, including the MP for Sungai Siput Dr. Michael Jeyakumar, who were released on Friday after 27 days of detention under the obsolete 1969 Emergency Ordinance after a week’s remand under the Penal Code for “waging war against the Agong”, have been informed that they will be charged in Butterworth tomorrow with “possessing subversive material”.
The Attorney-General, Tan Sri Gani Patail should drop the charges against the PSM6.
They must release that the public reaction is whether the Police and the Najib administration have not made enough spectacles of themselves both nationally and internationally in their gross and disastrous mishandling of the 709 Bersih 2.0 rally and the EO6 detention.
The PSM6 are expected to be charged under Section 48 of the Societies Act and Section 29 of the Internal Security Act (ISA).
Section 29 of the ISA on “Possession of subversive documents” provides that an offender is liable on conviction to a maximum fine of RM10,000 or five years’ jail or both.
It provides that “subversive document” means “any document having in part or in whole a tendency” (3a) “to excite organized violence” or (3b) “to support, propagate or advocate any act prejudicial to the security of Malaysia or the maintenance or restoration of public order therein or inciting to violence therein or counseling disobedience to the law thereof or to any lawful order therein”.
Section 29 of the ISA is a most oppressive and draconian provision as sub-section (4) reverses the presumption that a person is innocent until proven guilty, providing that “Every document purporting to be a subversive document shall be presumed to be a subversive document until the contrary is proved”.
After the gross and disastrous mishandling of the Bersih 2.0 rally and EO detentions, which have made the Najib administration the laughing stock not only in the country but also internationally, the wisest and most prudent course is for the authorities to drop the entire matter – including the charges which have been preferred against the other 23 PSM activists in Butterworth.
Instead the authorities seem bent on extracting their “pound of flesh” which will keep the issue alive in national and international consciousness.
This is only compounding the host of mistakes committed in the gross mishandling of the Bersih 2.0 rally and EO6 detention – before, during and after.
What the Najib administration and the police should do is to review the disastrous mistakes they have made in failing to discharge their duty and responsibility to protect the human rights and uphold the democratic space of Malaysian citizens to peaceful assembly to demand for free and fair elections in the country and learn the right lessons from the Bersih 2.0 and EO6 detention episodes.
#1 by ENDANGERED HORNBILL on Tuesday, 2 August 2011 - 5:06 pm
Najib v Jeyakuma.
This should be about the last nail in Jib’s coffin.
We are talking here about a David in morality, integrity, people’s champion
versus
A Goliath, sunk deep in sin, tall in tales, opaque, unreliable, untrustworthy, uncouth, unacceptable junk.
All it needs is a sling shot, a court case in this instance, to bring Goliath down to bite the humble dust, polticALLY and morally.
Jeyakumar, let us toast you on yoru courage. Keep the courageous flag flying on behalf of all Malaysians.
#2 by boh-liao on Tuesday, 2 August 2011 - 5:23 pm
Ai say man, d PSM6 just don’t know how 2 sell themselves 2 NR n then hv all funny charges dropped against them; no hear of ‘U help me, I help U’ deal fr NR
Learn lah fr some foreigners, fast track become PRs n then citizens n voters
http://www.malaysiakini.com/news/171783
What grand devious official scheme is dat?
#3 by Jeffrey on Tuesday, 2 August 2011 - 5:39 pm
Its repeat of the same thing. One side within govt tells Bersih “you can have the stadium”, and another side, determined to makes things complicated, would throw obstacles in the way (wanting their pound of flseh to prove that their decision to clamop down was right all along) – so stadium was not to be. So now one side wants to minimise collateral damage by not compounding the initial error of detaining the PSM6 by ordering release of them whilst the other side, not wanting to admit error and possibly wanting to show that its side can flex muscles now want their pound of flesh to punish the PSM 6 to vindicate their original decision to detain them as not being without foundation. All I can say is that Malaysians are victim of power play within UMNO where we are all collateral damage.
#4 by gofortruth on Tuesday, 2 August 2011 - 5:47 pm
Najib & Hishamuddin are “on tiger’s back” that leaves them no choice but to BULLDOZE their way to press charges otherwise the EO6 will take the governemnt & the police to court for wrongful arrests.
Looks like another big international joke is about to break out before our Malaysian court on the definition of “subversive material”. Bring it on N& H, I’m sure the whole world can stomach another round of giggle.
#5 by Jeffrey on Tuesday, 2 August 2011 - 5:51 pm
The original side is against Bersih’s public protest. So they decided to arrest PSM6 under EO to be used as as deterrent. Its baseless in law of course. However there’s too much public flak so the other side says, release them or else too much of negative repercussions in coming GE. So the original side plays wayang kulit, “yes you are right, preventive detention is not good impression, but our original stand that further street protest must be discouraged still stands relevant and for that we still need PSM6 as deterrent, so we look for some other laws to charge them for “possession of subversive documents” etc which is equally baseless but never mind, we prove the point, that firstly our original stance to make them deterrent still prevails (but now in another form than preventive detention) and secondly we still have a say on how things are run in the country. Thats the kind of game going on. We are victims of the “who’s more influential and whose decision will ultimately prevail” game going up there!
#6 by yhsiew on Tuesday, 2 August 2011 - 6:09 pm
The complete lack of wisdom in governance by the ruling regime will make Najib’s government a laughing stock to the world.
#7 by Joshua on Tuesday, 2 August 2011 - 8:06 pm
Is the Bersih yellow shirt subversive as one time we were told the PSM members were arrested for involvement with Bersih 2.0..
So now what is the ‘dirt” of BN?
#8 by DAP man on Tuesday, 2 August 2011 - 8:18 pm
What can we expect from a PM who has lost his sanity.
He cannot even remember what he had said the day before.
A fool never learns. Let him dig his grave.
#9 by tak tahan on Tuesday, 2 August 2011 - 8:53 pm
Whoever compile all these ludicrous episode or twist and turn of charges into fiction story will find his stocks forever remain on the shelf.Nobody will buy it for sure.What a pity we have such stupid so-called leaders.
#10 by monsterball on Wednesday, 3 August 2011 - 12:05 am
Drop the charges mean the Police is admitting they are wrong.
No way..the show must go on to cover up their sickening uncultured actions.
Millions are wasted every month by UMNO B…as if they own the country and not elected Reps.
Decades of brain washing and fooling Malaysians have also made the the biggest fools of all….living in fool’s dreams.
#11 by Cinapek on Wednesday, 3 August 2011 - 12:36 am
After he released the PSM6, NR must have received a lot of flak from the likes of Perkasa’s IA and the more extreme elements in UMNO that he has backed down and that he is spineless. I would not be surprised that he has also been threatened with open revolt within UMNO and his position as UMNO President and PM could be jeopardised. Caught between the devil and the deep blue sea, he has to choose the lesser of two evils.
#12 by Bigjoe on Wednesday, 3 August 2011 - 6:55 am
Granted the continue persecution of the PSM is unjust, unlawful and uncalled for. BUT the biggest reason to drop the charges? ITS FREAKING INFANTILE AND STUPID.. Its stubborn entitlement, irresponsible, prodigal and its someone else’s fault thinking that is clearly should be confine to petulant 3-year olds than it is conduct of adults and serious men and women.
We have freaking spoilt children running our institutions and our government. Its time to replace them all with ADULTs.
#13 by dagen on Wednesday, 3 August 2011 - 8:47 am
Communism? Reviving communism? How more stupid can the BTN twisted umno idiots get? Look. The 709 rally is over by more than 3wks. Still, there is no sign or smell of communism in the streets, lanes or jungle of malaysia. The only eye-sore sight and horrible smell we could pick up any where in the country came from the rotting and badly decomposing umno.
Dr Mike Jeyakumar’s decision to starve himself must hv struck a massive dose of fear into umno’s spine and heart. Dr Jeyakumar is quite a heavyweight in the NGO world. Certainly not like that mathias guy – the good pal of apanama. The latter can starve and die for all umno cares but not the former. Not another death in detention! So umno had to release the EO6. After all they did no wrong.
But surely release of the six would be admission to false and wrongful detention; and abuse of power. So umno is stuck. Umno must charge them for something. Never mind if the charge cannot stick. The ostensible show of bringing them to court to face some criminal allegations would be quite enough to satisfy umno’s perverted mind that simpletons like you and I would immediately nod our heads and praise umno for a job well done.
Well done indeed umno. You have done well to prolong your suffering from the wound which you rather needlessly and in fact stupidly inflicted onto yourself during the july9th rally.