Sarawak Report
8 Oct 2015
Najib has openly acknowledged how extremely expensive it was to
illegally buy the last election in Malaysia – RM2.6 billion was the
amount that went into his personal account in March 2013 for this
purpose, he has explained.
Sarawak Report has now revealed that an additional US$300 million had
in fact earlier been paid into the same account from the same alleged
source, between 2011-12, for purposes yet to be explained – pre-election
planning?
To avoid a repeat of such challenging fund raising (more than Obama
raised for the US Democrat victory) it has become plain that Najib has
now adopted a cheaper and more efficient solution towards managing his
planned victory at GE14.
The Prime Minister, who has started to act in every way like a strong
arm dictator, has been swiftly executing legal measures to outlaw and
criminalise any individual who attempts to take up their constitutional
duties as a representative of the opposition or to exert their rights as
critics of his regime.
This blatant legal persecution is, of course, being carried out in
the name of new laws to counter alleged terrorism, which have been
predictably targeted not at violently inclined trouble-makers nor
dangerous armed groups, but at people who voice dissent.
The world already knows how Najib employed Malaysia’s archaic and
virtually unused laws against homosexuality, in order to drive the
opposition leader Anwar Ibrahim into jail, after his coalition did far
too well in the last election (despite the RM2.6 billion of illegal
expenditure admitted by Najib).
The Prime Minister orchestrated the entire framing of Anwar from his own living room, as the court evidence eventually exposed.
However, this form of legal persecution is far too complex and
time-consuming to deal with whole parties of opponents, who present an
ever-growing threat for the next election, so it is the new anti-terror
legislation, which Najib plainly sees as his simple solution for a mass
destruction of the opposition.
So far, 138 cases have been opened as part of this so-called anti-terror ‘crackdown’ by Najib this year alone, according to the Aliran list.
Under the so-called SOSMA
(Security Offences and Special Measures Act) brought in by Najib last
year, anyone can be arrested for an undefined offence of “state
sabotage”, punishable with life imprisonment.
The latest person to be nabbed under that law today was none other
than the well-known lawyer and former political secretary to previous
prime minister Dr Mahathir, Matthias Chang, who has promptly gone on
hunger strike.
Chang’s offence had been to defend a client, the businessman and
former UMNO party branch leader Khairuddin Abu Hassan, who made reports
about corruption at 1MDB to the FBI and other international bodies.
Khairuddin was himself banged up under SOSMA last week, because the
courts had refused to detain him under an original charge of ‘activities
detrimental to democracy’. He was re-arrested on the grounds of
“sabotage” as he walked free from the court – under SOSMA he can be held
without charge for a month.
Meanwhile, the Prime Minister has been employing en-masse his earlier
2012 amendment to the Penal Code, which created this handy new crime of
“activities detrimental to democracy”.
It must present a delicious irony for the PM every time he slaps the
charge against one or other of his political enemies or indeed the very
many civil society campaigners, who have also fallen foul of the
nebulous ‘offence’ (including the author of this blog): for it is this
law, of course, that is being specifically employed to actually destroy
parliamentary democracy in Malaysia.
Najib has utilised the law against scores of key figures in Malaysia
over the past few months, who happen to have voiced concern against his
blatant abuse of the legal system and over the widespread corruption
allegations relating to 1MDB and the PM’s own bank accounts.
Not a single extremist, armed individual, terrorist or ethnic
supremacist, on the other hand, has yet been properly charged with the
offence.
This was the very concern raised back in 2012 when the law was
originally debated and MP’s pointed out how this supposed anti-terror
measure could be open to just such abuse. The PM brushed aside the very
thought of it, of course!
And he has ploughed on with the further creation of a veritable
panoply of similar and parallel offences over the past few months, in
order to give himself an inexhaustible range of potential options to
clout anyone who criticises him or questions the disappearance of vast
sums of public money in recent years.
There is the revived colonial era Sedition Act (which he promised to
abolish in the early honeymoon days of his premiership); the 2012
Peaceful Assembly Act, which outlaws any gathering of more than 3 people
which has not been permitted by the authorities (enabling him to outlaw
the recent Bersih march against corruption); the Printing, Presses and
Publications Act, which Najib employed last month to ban T-shirts with
the Bersih logo on and the Communications and Multi-media Act, brought
in to shut down any reporting that the PM finds undermining or
inconvenient.
After all, Najib has now conflated the well-being and security of the
State of Malaysia with that of his own well-being and the security of
his own political position. This is, of course, the definition of the
ending of democracy.
Easy wheeze to ban the opposition
All of the above acts have numerous woolly, catch-all provisions,
under which just about anyone can be accused for doing just about
anything.
They have provided Najib with a wonderful cheap alternative for
dealing with his political enemies, without having to bribe or blackmail
a single voter at the next election – or even rig a ballot box.
He has been slapping charges over the last few months right left and
centre against particularly opposition PKR politicians like Rafizi Ramli
and the Public Accounts Committee member Tony Pua, who have been
attempting to do their job of holding the government to account and
raising the issue of 1MDB’s missing billions.
Over a dozen MPs so far have been charged under Najib’s various laws, as well as several leading human rights activists.
As Bersih leader Maria Chin Abdullah (herself charged under the
Peaceful Assembly Act ) pointed out in London this week the tactic
provides a gloriously simple way of destroying the opposition parties
and handing victory on a plate before an election has even been called.
“The so-called crime of ‘activities detrimental to parliamentary democracy’ can carry a sentence of up to 20 years in jail. The Sedition Act can result in a RM5,000 fine or jail for 3 years. The benefit of these court cases for Najib is that if an MP is even just fined RM2,000 then our laws prohibit him or her from taking part not just in the coming election, but for the election after that.” she explained to journalists in the UK.
Bingo! bang goes the opposition and barely a ringgit expended this time around.
Najib moved a step nearer to achieving his master-plan on Tuesday this week when a disturbing Appeal Court ruling contradicted an earlier Appeal Court judgement on a case, which had questioned the constitutionality of the sedition laws, meaning numerous prosecutions which had been put on hold can go ahead.
They include 9 simultaneous prosecutions against the campaigning
cartoonist Zunar, who is best known for lampooning the big hair of the
PM’s wife and presenting her in comical way. If found guilty of
sedition for such cheek, Zunar could face 43 years in prison. As the
International NGO Article 19 stated in response to the ruling:
“The Sedition Act violates international human rights law on freedom of expression and contradicts democratic values…[it] has been increasingly used to suppress legitimate offline and online dissent in Malaysia, whether by academics, cartoonists or opposition politicians… It is profoundly disappointing to see these decisions, in a country already facing an increasing crackdown on free speech, [Thomas Hughes Article 19]
The NGO further pointed out the weaknesses of the woolly law, which
is exactly why Najib finds it so convenient for his purposes:
“It is ambiguous and unclear, and therefore not prescribed by law; it grants authorities too much discretion for arbitrary enforcement and therefore its scope is unforeseeable. It does not pursue a legitimate aim, abusing the framework of “national security” to clamp down on dissent which poses no genuine threat to a legitimate national security interest. It is not necessary in a democratic society.” [Article 19]
Indeed, none of those arrested for violence or hate related offences
at the recent ‘Red Shirt’ pro-Najib and pro-Muslim supremacy event that
caused fear and chaos in KL have been charged with any of these new
offences, which were brought in in the name of curbing just their sort
of disruptive activity.
Instead, we have seen incidents such as that of a 17 year old, who ‘liked’ a pro-Israel Facebook page and now faces a sedition probe.
The railroading of due process has certainly caused concern and
outrage at the Malaysian Bar, which unanimously condemned the
undermining of court procedures and the Sedition Act at its recent
gathering. Tonight lawyers are holding a candlelight vigil outside
their colleague Matthias Chang’s prison cell.
However, Najib has long been active in ensuring that the senior
appointments in the country’s judiciary do as they are told. His will
may not prevail in the lower courts, but by the time his cases get to
Appeal and the Federal Court, everyone knows what the outcome will be.
So, no surprise when today his new Attorney General, brought in to
replace the sacked Abdul Gani Patail from his hand-picked Federal Court
bench, also threw out the Central Bank’s evidence of corruption at 1MDB
and closed down investigations on a blatant case of stolen billions from
the public purse.
With this strategy in place and the court cases against a growing
number of opposition MPs now full steam ahead, Najib could be looking at
a next election where none of his seasoned opponents are even allowed
to contest.
There will no longer be any need to search for future
multi-billionaire Middle Eastern philanthropists, who hold the survival
of Najib Razak’s political position dear to their hearts.
The outcome of the election will be assured, even before he calls it,
despite the fact that he is now the most unpopular Prime Minister in
Malaysia’s history.
There is of course a second deep irony in Najib’s chosen strategy,
which is that while he has been doggedly criminalising legitimate
opposition members through the creation of ill-defined offences, a good
old-fashioned charge of theft and fraud was brought against him by his
own forces of law and order in July, to which he responded by sacking
the Attorney General and firing the investigating officers.
In Malaysia the guilty have become innocent and the innocent have become guilty under Najib Razak
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