The explanation by the Attorney-General’s Chambers (AGC) on Monday on why the Attortney-General Tan Sri Gani Patail has not prosecuted the Perkasa President Ibrahim Ali for his threat to burn the Malay-language Bible has added salt to the wound, as it failed not only to win over doubters but have been received with scorn and rejected outright by majority of the critics.
What is worse, it reinforced the perception that the AGC’s arguments that Ibrahim Ali should enjoy immunity and impunity from legal sanctions because he was defending the sanctity of Islam and was protected by Article 11(4) of the Constitution were not only shallow, superficial and cock-eyed but reflects a Public Prosecutor who has failed in his duties to be a responsible and trustworthy upholder of the rule of law and the protector of inter-racial and inter-religious unity and harmony in a multi-racial, multi-cultural and multi-religious nation.
The Monday statement from the AGC said Ibrahim had made the threat of burning the Bible “in the context of an incident in Jelutong, Penang, where copies of the Bible were distributed to members of the public, including Muslims” and “After the context had been studied as a whole, Ibrahim Ali’s statement does not fall into the category of having seditious tendencies”.
Does this mean that there are certain “context” where it is fully permissible to threaten the burning of the Bible?
Furthermore, are there also certain “contexts” where it is permissible to threaten the burning of holy books of other religions, for instance, Tripitaka for Buddhism, Vedas for Hinduism, Torah for Judaism, Guru Granth Sahib for Sikhism and Tao Te Ching for Taoism?
Are there also “contextual” justifications to justify the threat to burn the Holy Quran?
Surely not, there can be no justification in any context to justify the threat to burn any holy book of any religion in multi-religious Malaysia if we want to maintain inter-religious understanding, harmony and peace and to quote Prime Minister Datuk Seri Najib Razak, to go beyond just “tolerate” but to “accept” and even celebrate Malaysia’s multi-ethnic, multi-religious and multi-cultural diversity.
Many thinking Malaysians find most appalling and even obnoxious the AGC’s argument that Ibrahim’s threat also does not fall within the purview of Section 504, Section 298 and Section 298A of the Penal Code as he was defending Islam.
Section 504 is on intentional insult with intent to provoke a breach of peace, Section 298 is on uttering words with deliberate intent to wound religious feelings and Section 298A is on causing disharmony, disunity, enmity, hatred or ill-will.
Is the AGC now contending that one is permitted to commit the offences under Section 506, Section 298 and Section 298A of the Penal Code, or escape any criminal liability when doing so, provided one is “defending Islam”?
What about defending the other religions, viz Buddhism, Christianity, Hinduism, Sikhism, Taoism in the country?
These questions show how ridiculous and outrageous are the justifications that there are certain “contexts” where it is not an offence to issue a threat to burn the Bible, to wound religious feelings or to cause inter-religious hatred!
Just as there should be zero tolerance for corruption, there should be zero tolerance for any threat to burn the holy books of any religion in Malaysia.
Or does the AGC also hold the view that there are certain contexts where corruption is not an offence?
Having reiterated his call for a Global Movement of Moderates thrice in four years in his three speeches at the United Nations General Assembly, and even securing the highest-ever 187 votes in Malaysia’s recent election as a non-permanent member of the United Nations Security Council on the basis of Malaysia’s commitment to moderation to marginalize extremism, I call on the Prime Minister Najib to announce a zero tolerance policy in Malaysia for any threat to burn any holy books of any religion so as to be a role model of moderation for other countries.
Najib should also announce that he will ensure that he will have an Attorney-General who is committed to his Global Movement of Moderates initiative, and is prepared to remove Tan Sri Gani Patail as Attorney-General if Gani refuses to adopt the Prime Minister’s Global Movement of Moderates initiative as the guiding policy for all his prosecution decisions – although the sole discretionary power on individual prosecutions is vested in the AG as stipulated by Article 145(3) of the Constitution.
#1 by Bigjoe on Wednesday, 29 October 2014 - 11:16 am
Of course there are special “context” in Malaysian justice – how else do you explain that the case of Anwar Ibrahim does not even qualify for the standards of “preponderance of evidence” much less the required criminal standard of “beyond reasonable doubt”???
As far as UMNO/BN is concern “context” is what they say it is..
#2 by Bigjoe on Wednesday, 29 October 2014 - 11:36 am
Well, now we have Mahathir says its OK to burn bible with “good intentions”???
Sarawakians and Sabahan can believe their way of life is SAFE with these kinds of ideology against them?
#3 by boh-liao on Wednesday, 29 October 2014 - 11:46 am
AG is d indisputable tai kor here
He defines standard n context
Just look at d on-going submissions @ d Palace (WHAT a joke!)
A former Federal Court judge telling d world how so many things were WRONGLY done in d previous trial in March 2014 but still AI was found guilty – tainted justice
#4 by boh-liao on Wednesday, 29 October 2014 - 12:01 pm
D trial judge at d Kuala Lumpur High Court n a three-member bench at d Court of Appeal tot they were experienced n knew how 2 suck eggs
Yesterday, a former Federal Court judge told d world dat they NO know how 2 suck eggs properly n taght them HOW 2 do so
#5 by machiavelli on Wednesday, 29 October 2014 - 12:24 pm
When I voted for Pakatan Rakyat in the last election, it is not because I think Pakatan Rakyat will definitely be able to govern the country effectively and efficiently.
In fact I am not sure.
What I am sure is, I wanted a CHANGE.
I wanted the Rakyat to feel empowered, that the power in the country is in their hands.
I wanted a paradigm shift of the mind-sets of the ordinary people.
TO BE ABLE TO CHANGE THE GOVERNMENT OF THE DAY WITH THEIR VOTES.
That the political party that formed the government is beholden to the Rakyat not the other way around.
I will still be having the same thought when the next election comes.
Bangun Rakyat Malaysia!
#6 by boh-liao on Wednesday, 29 October 2014 - 2:37 pm
M’sia Truly Unik
Elsewhere, “Presumption of Innocence” – A principle dat requires d gomen 2 prove d guilt of a criminal defendant n relieves d defendant of any burden 2 prove his/her innocence
Here, a defendant is assumed guilty until proven innocent
Lagi, many vital documents n info NO given 2 d defendant’s lawyers 2 prepare 4 d defendant’s innocence
Lagi, all sorts of illegal methods used 2 collect doubtful evidence against d defendant also CAN 1
Lagi, trial date can b changed, brought forward or postponed quick quick
Totally unequal playing fields n rapid shifting goal posts, supported by AGC, making mockery of d ‘Rule of Law’ system, veri jia lat 1
No wonder, SURE lose 1 n kena found guilty lor
#7 by boh-liao on Wednesday, 29 October 2014 - 2:38 pm
M’sia Truly Unik
Elsewhere, “Presumption of Innocence” – A principle dat requires d gomen 2 prove d guilt of a criminal defendant n relieves d defendant of any burden 2 prove his/her innocence
Here, a defendant is @Ssumed guilty until proven innocent
Lagi, many vital documents n info NO given 2 d defendant’s lawyers 2 prepare 4 d defendant’s innocence
Lagi, all sorts of illegal methods used 2 collect doubtful evidence against d defendant also CAN 1
Lagi, trial date can b changed, brought forward or postponed quick quick
Totally unequal playing fields n rapid shifting goal posts, supported by AGC, making mockery of d ‘Rule of Law’ system, veri jia lat 1
No wonder, SURE lose 1 n kena found guilty lor
#8 by boh-liao on Wednesday, 29 October 2014 - 4:19 pm
Malaysia to be a role model of moderation for other countries
Huh?
Role model of CHEATS, mayb boleh
On-going court case, interesting submissions
It appears dat ful of sai’s rectum was mighty STERILE – no microorganisms together with his sai stored there
He NO punc sai 4 2 days after alleged sodomee, preserved some1’s wiggly sperm inside his rectum (surely got ton of sai there n full of microorganisms chomping up d juicy tasty seminal fluid n semen, n yes, mixed with d famous KY jelly), just in time 4 a doctor 2 make a bullseye swab of d precious spermatozoa (surely + sai), veri cun swabbing
After dat, swab kept by mata2 at room temperature 4 many hours b4 taken 2 Jab Kimia 4 DNA extraction n analysis
1DERful results obtained, truly world cl@ss forensic work
Don’t play play with our doctors, mata2, n forensic experts
#9 by Noble House on Thursday, 30 October 2014 - 1:20 am
The AG is the problem with everything that is wronged in the country.
#10 by boh-liao on Thursday, 30 October 2014 - 3:55 am
Fr comments made by various individuals, including law students, on d Internet, rakyat got d feeling dat d standard of our courts is generally LOW/POOR
Rakyat know dat even though we boast of massive courts (aesthetically known as Palace of dis n dat), we feel veri ashamed, sad, embarr@ssed, & disappointed dat our judiciary system leaves a lot to be desired (Remember d infamous late Aug Paul?)
Only judges with clear conscience, integrity, principles, n guts/backbone DARE 2 give fair, correct n independent judgments
N they r few n far between ………. rare species indeed
#11 by boh-liao on Thursday, 30 October 2014 - 3:56 am
Fr comments made by various individuals, including law students, on d Internet, rakyat got d feeling dat d standard of our courts is generally LOW/POOR
Rakyat know dat even though we boast of m@ssive courts (aesthetically known as Palace of dis n dat), we feel veri ashamed, sad, embarr@ssed, & disappointed dat our judiciary system leaves a lot to be desired (Remember d infamous late Aug Paul?)
Only judges with clear conscience, integrity, principles, n guts/backbone DARE 2 give fair, correct n independent judgments
N they r few n far between ………. rare species indeed