Bersih 3.0 chaos: PM Najib’s negligence

by Mat Zain bin Ibrahim
Former Kuala Lumpur CID chief

Nothing can stop the PM from forming another so called independent panel to investigate the causes of Bersih 3.0. chaos.

Knowing the manner an Independent Panel ,(that scrutinized the MACC’s findings on the AG,a former IGP, a Consultant Pathologist and me included, alleged to have fabricated evidence in the black-eye investigation) conducted it’s business,I am pessimistic of the outcome of this one.

However it would be premature to make any comments at this juncture, since we have not seen this Panel’s composition and their terms of reference.

It would be most welcome if the Panel members are allowed to query the Prime Minister as well,to ascertain the measures taken by himself if any, to prevent the chaos from happening.

The Panel must be mindful of the fact that,several days before the event, Ambiga the Bersih chief,did suggest to the PM that they are prepared to call off the rally if, the PM guarantees electoral reforms before the next Federal polls.

Then a few days before the rally,it was also revealed that the EC Chairman and his Deputy were found to be members of UMNO which rendered their respective tenure untenable.At the same time bringing the status of the electoral roll into question.

The PM being the UMNO President himself,could have made an immediate clarification if they were not members of his party.That would have put the matter to rest.PM’s intervention would have eased off the tension or might have even reduced the participant numbers substantially.

In a nutshell, the Prime Minister should have prevented the chaos at all costs from happening knowing a protest of that size would turn ugly, based on past experiences since 1998 had he exercises due care, which is expected of him being the PM.

By refusing to compromise with the rally organizers and allowing it to proceed with such knowledge that the rally will turn chaotic, PM Najib have effectively exposed the safety of ten of thousands of innocent civilians comprising of women, children and the handicapped and including police personnel at risks of being injured or even killed.

It would appear from the PM’s subsequent conduct, that he actually wanted a confrontation between the rally participants and the police to leverage on the havoc caused.

The PM stands accountable and liable to be cited for negligence for his failure to discharge his duties responsibly. He has all the means,the time and opportunity and most importantly the authority to prevent the chaos and avoided the injuries sustained by members of the public, media personnel and policemen,and damages to properties and other loses.

Whether the Independent Panel is prepared or assigned to look into this aspect or otherwise, is left to be seen.The public,especially the injured however,reserve the rights to raise this issue with the PM.

Electoral roll:Unfair advantage to PM

Many are unaware that the Prime Minister may have some problems with his own name in the electoral roll (ER).

Briefly, the PM is registered as Mohd.Najib bin Tun Abdul Razak .When he affirmed his affidavits September last,he stated his name as Najib, dropping the name “Mohd”.(Muhammad).This is confirmed by his wife, Rosmah Mansor in her affidavit of 21st Sept. Meaning that the PM’s name is simply “Najib” and not “Mohd.Najib”. These affidavits are valid in both civil and criminal proceedings.

The PM has already announced that he would be seeking re election in Pekan this coming GE.It may appear trivial,but his name may provide the basis of contention by the opposing candidates.

I believe in order to circumvent any untoward protests or objections on nomination day,the EC made a pre-emptive move by abolishing the one hour objection period on nomination day, without Bersih having to ask for it nor in their list of demands.In fact it came as a surprise to all.
This unsolicited move by the EC was done after the issue of PM’s affidavits surfaced and brought to the attention of the IGP and the Home Minister since November last. I opine that this is a case of shifting the goal posts by EC to facilitate unfair advantage in favour of the PM.

Nonetheless, it is imperative for PM Najib to make corrections to either one. Both cannot be right at the same time.Either he corrects his name in the ER to be in consistence with his affidavits, or his affidavits to be in consistence with his name in the ER.Most of all,it should also be consistent with his name he swore before the Yang Di-Pertuan Agong during his swearing-in ceremony.

Irrespective of the repercussions, the PM has to make the corrections. Otherwise the EC is obligated to reject PM Najib’s nomination and disqualify him from contesting.

EC Chairman and Deputy, UMNO members?

About 3 days before the Bersih rally,it was revealed that both the EC Chairman Tan Sri Aziz and his Deputy Dato Wan Ahmad, were found to be or was members of UMNO.

Whilst it’s not wrong to be a member of UMNO,it is a crime to conceal the fact at the material time when their appointments as Deputy Chairman and Chairman of the EC was being considered in that order, by the Conference of Rulers and the Yang Di-Pertuan Agong.Quite simply it means cheating.

Even if Dato Wan Ahmad can prove that he was never an UMNO member,he can still be hauled up for being in abetment with the Chairman, when the latter’s appointment was being considered in December 2008, at which time Wan Ahmad was already the Deputy Chairman.

Should Tan Sri Aziz now turns around like Wan Ahmad did and declare he was never a member of UMNO in his whole life,still both can be brought before the Tribunal, for exhibiting conducts unbecoming of an EC member for being dishonest in their dealings and for deceiving and/or alarming the public, when they admitted to being UMNO members when the issue was first raised.

From my reading of the Constitution,the only authority that can adjudicate their conducts is a Tribunal appointed by the Agong, based on the representation made by the Prime Minister.The courts have no jurisdiction over the removal of both the Chairman and Deputy Chairman of the EC .In this regard the Judge and the EC members are of the same status.

Against this backdrop the PM cannot ignore his obligations ,firstly, to clean up the ER. Personally the PM has to put his own registration in order on one hand and to deal with the untenable tenure of both the Chairman and Deputy Chairman of the EC on the other.

Invariably the PM may find himself in a conflict of interest situation yet again.That’s for him to sort out.

If the PM has shown courage to appoint the so called Independent Panel to investigate police brutality during Bersih 3.0 rally,then he must show the same vigour in getting a Tribunal to be established to adjudicate the conducts of the EC Chairman and his Deputy.

Not forgetting of course the earlier demand for a separate Tribunal on the Attorney General which has long been overdue.

The PM must be mindful of the fact that when we talk about a Tribunal,we are also referring to loyalty to the King and country and supremacy of the Constitution.

The PM should also take cognizance that if the powerful UMNO can be declared illegal,so can the electoral roll.

  1. #1 by dagen wanna "ABU" on Monday, 7 May 2012 - 1:08 pm

    Jib’s negligence? I think not. Everything I believe has been pre-conceived and then executed with full intention. I also believe that there were some misfirings during the execution stage. After all in the heat of the moment and in the face of a 300,000 strong crowd anything could happen. And precisely because anything could happen in a large crowd, jib’s police ought to have exercised extreme care in crowd control. Provocation should never have made its way into their list of things-to-do.

  2. #2 by Cinapek on Monday, 7 May 2012 - 1:28 pm

    Amidst all these wild accusations of toppling the Govt., coup d’etat etc., I notice a deafening silence from other UMNO and BN leaders. In particular, the DPM. Hishamuddin and Rais Yatim’s comments are expected but if it is something as serious as a coup attempt as claimed by the three ex IGPs and there are evidence backing this, I am sure UMNO/BN would have gone to town with this and every UMNO/BN politician would make sure he is on the bandwagon. Remember how they demonize Hindraf with claims of links to the Tamil Tigers without showing any proof? There was strong all round support from UMNO leaders but this time in the case of Bersih, there is nary a squeak. WHat does that tell you? That even the other UMNO and BN leaders find these unsubstantiated claims too wild and ridiculous even for their liking and are distancing themselves from it?

  3. #3 by sheriff singh on Monday, 7 May 2012 - 2:30 pm

    What name did he use when he swore on the book?

    Ah Jib Gor might be preoccupied worrying about a potential problem concerning a large sum of money.

    He might need all the help and diversions as he can muster.

  4. #4 by Godfather on Monday, 7 May 2012 - 2:58 pm


    I don’t think anyone from UMNO is distancing themselves from the wild claims that appear from all directions. They are simply too busy figuring out if their names are next, and what steps to take to move money to more secure accounts. They now realise Switzerland and Hong Kong may no longer be reliable given the attention of money movements re Scorpene and Musa Aman in these jurisdictions.

    Some of the UMNO fellows might be in Luxembourg or Monaco right now opening new accounts.

  5. #5 by dagen wanna "ABU" on Monday, 7 May 2012 - 4:12 pm

    Wot? Tu pun I punya salah? I punya negligence ke? Tapi I buat masa tu pun not in town. Cam mana I yg cuai?

  6. #6 by monsterball on Monday, 7 May 2012 - 10:21 pm

    It’s not Najib’s negligence at all.
    It’s all his plans…not working to favor him.
    Desperate man needs desperate means and actions.
    So far all the actions performed by his chosen policemen are not working.
    Ibrahim Ali no more powerful.
    Now using Islamic religious teachers to declare and support him…declaring BERSH 3 event was evil…had PAS Tok Guru gun down and challenge the conclusion.
    Not one so call religious teacher dares to take on PAS..Tok Guru Aziz on his comment.
    What else??….religion tested again….without Christians being the fall guys….bully tactics tested..over and over again….no burning cars..houses or fights start.. with deaths give him golden chance to declare Emergency Rule.
    Najib knows….only an Emergency Rule can save him and Rosmah to be charged for corruptions and murder.
    From day one….he took over as PM…it was giving him a chance to win and save himself..and party fro defeat…with no one dare to do anything to him…even resorting to bribing …MACC will never touch him.
    Soooo..after 3 years….as an appointed PM…never ever bend elected at all…what is the result?

  7. #7 by waterfrontcoolie on Tuesday, 8 May 2012 - 7:11 am

    Maybe, without this posting, he COULD have voted twice with 2 names??

  8. #8 by dagen wanna "ABU" on Tuesday, 8 May 2012 - 8:58 am

    Errr, psssst moo. Mooooo. Ah. Ya. I nak tanya sikit. Jib tu. Pasti tak you yg dia tu “winnable”?

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