2 November 2015


Pendapat Anda?

From : Legal Monitor Worldwide.

Datuk Seri Anwar Ibrahim former opposition leader no longer faces a charge for participating in the Bersih 3.0 rally in 2012, after the Court of Appeal decided that his appeal challenging the constitutionality of the charge was a non-issue since an order prohibiting the demonstration at Dataran Merdeka was defective.

The appellate court’s three man bench chaired by judge Datuk Abang Iskandar Abang Hashim said Anwar’s bid to challenge the constitutionality of the charge brought against him was not sustainable because a magistrate court order that prohibited the Bersih 3.0 rally at Dataran Merdeka was defective.

Anwar had previously challenged the constitutionality of the charge under the Peaceful Assembly Act (PAA) 2012 before the High Court but it was refused, and he then filed an appeal to the Court of Appeal.

Ramkarpal Singh, who appeared for Anwar, told reporters it was impossible to charge the former opposition leader for the same offence.

The magistrate’s order, dated April 26, 2012, had prohibited any assembly at Dataran Merdeka from April 28 to May 1, 2012.

Another Court of Appeal bench led by Datuk Linton Albert then set aside the magistrate’s order on grounds it was ill-conceived in January 2014.

Subsequently, the Sessions court last year gave Anwar and five others a discharge not amounting to acquittal on the charges under the PAA in relation to the rally.

The then Sessions court judge Ahmad Bache said he found the charges defective following Linton’s decision which declared that the magistrate’s order invalid.

Anwar had claimed trial to two summons charges.

In the first charge, Anwar was charged with breaching an order by Magistrate Zaki Asyraf Zubir, which barred the public from entering Dataran Merdeka during Bersih 3.0 rally on April 28, 2012.

In the second charge, Anwar together with PKR’s deputy president Mohamed Azmin Ali and Badrul Hisham Shaharin @ Chegubard were jointly charged for allegedly inciting and abetting R.Tangam, G.Rajesh Kumar and Farhan Ibrahim, in breaching a court order issued by the magistrate.

While Anwar had chosen to challenge the constitutionality of the charge, Azmin, Badrul Hisham and the thee others had taken a different route by appealing the magistrate’s order that was issued under Section 98 of the Criminal Procedure Code.

They appealed at the Court of Appeal, which set aside the magistrate’s order.


28 October 2015


Pendapat Anda?

Call to act – Leaders set for Kuala Lumpur – Malaysia

by The Age (Melbourne, Australia)

Malaysia’s government has embarked on a “binge” of prosecutions against its critics, using criminal laws to crush peaceful expression, according to Human Rights Watch.

In a new 145-page report, Human Rights Watch documents the arrests of scores of people with critical views, including opposition politicians, activists, journalists and ordinary citizens, as well as the suspension of two critical newspapers, the blocking of websites and the declaration that peaceful protests were unlawful.

The New York-based organisation released the report on Tuesday, ahead of a summit of world leaders in Kuala Lumpur next month, expected to include Prime Minister Malcolm Turnbull and US President Barack Obama.

Revealing details of little-known cases, Human Rights Watch said the summit will present an opportunity for world leaders to press Malaysian Prime Minister Najib Razak to reform draconian laws and end censorship.

Mr Najib, fighting for his political life over an alleged corruption scandal, promised to “uphold civil liberties” and “regard for the fundamental rights of the people” when he took office in 2009.

But Human Rights Watch said repression intensified after Mr Najib’s long-ruling coalition lost the popular vote but managed to retain power because of a gerrymandered voting system in elections in 2013. The organisation said the government’s use of the criminal code to silence peaceful expression violates international legal standards.

The report details the relentless pursuit of Zulkiflee Anwar Ulhaque, one of Asia’s best-known political cartoonists under the pen name Zunar, who faces up to 43 years’ jail on charges including nine counts of sedition, one for each of nine tweets he sent criticising a court’s decision upholding a sodomy conviction of opposition leader Anwar Ibrahim.

The jailing of Dr Anwar for five years is widely seen as part of a political vendetta against the politician who presented the biggest challenge to the United Malays National Organisation (UMNO), the party that has ruled the country for decades.

Human Rights Watch said among the many troubling cases documented in the report is that of University of Malaya law professor Azmi Sharom, who is facing trial on charges of sedition for expressing his legal opinion that actions taken by the government six years ago were illegal.

“I was a law professor expressing a legal opinion,” Dr Azmi said.

Brad Adams, Asia director at Human Rights Watch, said Mr Najib has broken promises to revise laws that criminalise peaceful expression.

“Instead, Malaysia has gone on a binge of prosecution of critics,” Mr Adams said.

“The government is making a mockery of its claims to democracy and fundamental rights by treating criticism as a crime”.

27 October 2015


Pendapat Anda?

Referring to the case of Dato Seri Anwar Ibrahim, a member of the Parliament of Malaysia, and to the decision adopted at its 194th session (March 2014), Taking into account the report of the Committee delegation (CL/197/11(b)-R.1) which, at the invitation of the Malaysian parliamentary authorities, went to Malaysia (29 June–1 July 2015) to gain a better understanding of the issues at hand in the Malaysian cases, raise existing concerns and examine possible avenues for progress; considering that the delegation was allowed to meet with Mr. Anwar Ibrahim in prison; also taking into account the information provided by the leader of the Malaysian delegation to the 133rd IPU Assembly (October 2015) and by one of the complainants at two separate hearings with the Committee on 17 and 18 October 2015 respectively,

Recalling the following information on file:

  • Mr. Anwar Ibrahim, Finance Minister from 1991 to 1998 and Deputy Prime Minister from December 1993 to September 1998, was dismissed from both posts in September 1998 and arrested on charges of abuse of power and sodomy; he was found guilty on both counts and sentenced, in 1999 and 2000 respectively, to a total of 15 years in prison; on 2 September 2004, the Federal Court quashed the conviction in the sodomy case and ordered Mr. Anwar Ibrahim’s release, as he had already served his sentence in the abuse of power case; the IPU had arrived at the conclusion that the motives for Mr. Anwar Ibrahim’s prosecution were not legal in nature and that the case was built on a presumption of guilt;
  • Mr. Anwar Ibrahim was re-elected in August 2008 and May 2013 and became the de facto leader of the opposition Pakatan Rakyat (The People’s Alliance);
  • On 28 June 2008, Mohammed Saiful Bukhari Azlan, a former male aide in Mr. Anwar Ibrahim’s office, filed a complaint alleging that he had been forcibly sodomized by Mr. Anwar Ibrahim in a private condominium; the next day, when it was pointed out that Mr. Anwar Ibrahim, who was 61 at the time of the alleged rape and suffering from a bad back, was no physical match for a healthy 24-year-old, the complaint was revised to claim homosexual conduct by persuasion; Mr. Anwar Ibrahim was arrested on 16 July 2008 and released the next day; he was formally charged on 6 August 2008 under section 377B of the Malaysia Criminal Code, which punishes “carnal intercourse against the order of nature” with “imprisonment for a term which may extend to 20 years” and whipping; Mr. Anwar Ibrahim pleaded not guilty to the charge and, in addition to questioning the credibility of the evidence against him, pointed to several meetings and communications which took place between Mr. Saiful and senior politicians and police before and after the assault to show that he is the victim of a political conspiracy;
  • On 9 January 2012, the first-instance judge acquitted Mr. Anwar Ibrahim, stating that there was no corroborating evidence to support Mr. Saiful’s testimony, given that “it cannot be 100 per cent certain that the DNA presented as evidence was not contaminated”; this left the court with nothing but the alleged victim’s uncorroborated testimony and, as this was a sexual crime, it was reluctant to convict on that basis alone;
  • On 7 March 2014, the Court of Appeal sentenced Mr. Anwar Ibrahim to a five-year prison term, ordered that the sentence be stayed pending appeal, and set bail at 10,000 ringgits,

Considering that, on 10 February 2015, the Federal Court upheld the conviction and sentence, which Mr. Anwar Ibrahim is currently serving in Sungai Buloh Prison in Selangor; as a result of the sentence, he will not be eligible to run for parliament for six years after he has completed his sentence, ie until July 2027,

Taking into account the report of the IPU observer, Mr. Mark Trowell QC, (CL/197/11(b)-R.2), who attended most of the hearings in the case in 2013 and 2014 and the final hearing on 10 February 2015; the rebuttal of his report by the authorities and the response to the rebuttal by Mr. Trowell,

Considering that the complainants affirm that the case against Mr. Anwar Ibrahim has to be seen against the backdrop of the uninterrupted rule of Malaysia by the same political party, UMNO, and the fact that in the 2013 general elections that monopoly was shaken by a united opposition which was able to obtain 52 per cent of the popular vote, although – according to the complainant, due to widespread gerrymandering and fraud – this did not translate into a majority of seats for the opposition; the complainants also point out that the alliance that Mr. Anwar Ibrahim was able to set up and keep together fell apart after he was incarcerated,

Considering that the Malaysian authorities have repeatedly stated that Malaysia’s courts were fully independent and that due process had been fully respected in the course of the proceedings against Mr. Anwar Ibrahim, including by offering the counsel for defence many opportunities to present their arguments,

Considering that, on 30 April 2015, Mr. Anwar Ibrahim applied for a fresh judicial review of his conviction, under Rule 137 of the Federal Court rules, on grounds of unfairness, with the applicant asking for the adverse judgement to be set aside and a new bench constituted to rehear the appeal; in his nine-page affidavit, Mr. Anwar Ibrahim listed a number of grounds warranting a review of his case; he alleged, among other things, that the extraordinary swiftness, timing and content of the statement made by the Prime Minister’s Office (PMO) on the day of his conviction gave the impression that it knew of the result of the case even before the court’s ruling, which is normally subject to secrecy; the affidavit also points out that it is not the practice of the PMO to issue such a statement in any other criminal appeal; in the grounds to support his application, Mr. Anwar Ibrahim claimed that the judgement ought to be reviewed because the release of the PMO’s statement on the date of judgement which sought to justify his conviction rendered the judgement objectively deficient; the affidavit also criticized the conduct of lead prosecutor Mr. Muhammad Shafee Abdullah who, according to Mr. Anwar Ibrahim, had conducted a “road show” following his conviction, thereby lending weight to his claim that his trial was backed by UMNO and that he was the victim of a political conspiracy,

Considering also that, on 10 June 2015, Mr. Anwar Ibrahim’s lawyers filed an application to have the Federal Court hear retired senior police officer Mr. Ramli Yusuff’s testimony to the alleged conspiracy to cover up the infamous “Black Eye” incident in 1998 during Mr. Anwar Ibrahim’s detention before his first sodomy trial (“Sodomy I”); Mr. Ramli Yusuff had given evidence on 27 May 2015 in a separate case about his refusal to aid the then Assistant Inspector-General of Police, Tan Sri Musa Hassan, in a purported bid to fabricate evidence falsely showing that Mr. Anwar Ibrahim had selfinflicted his injuries; Mr. Ramli Yusuff had also said that he refused to lodge a police report falsely claiming that Mr. Anwar Ibrahim had lodged a false report of an assault by the then Inspector-General of Police, Mr. Tan Sri Rahim Noor; Mr. Ramli Yusuff claimed that the then Inspector-General of Police had said that he had been sent by the then Attorney General, Tan Sri Mohtar Abdullah and the then lead prosecutor of the case, Mr. Abdul Gani Patail, who subsequently became, and until very recently was, the Attorney General of Malaysia; Mr. Anwar Ibrahim said that the police officer’s evidence was credible and of crucial importance, adding that the Federal Court would not have rejected his defence of a political conspiracy had the additional testimony been available to him earlier,

Considering that, on 24 February 2015, Mr. Anwar Ibrahim’s family submitted an application for a royal pardon; on 16 March 2015 the Pardons Board rejected the application unofficially through an affidavit in reply; the family again submitted a petition for a royal pardon on the basis of a transgression of justice on 12 October 2015,

Considering that, since his imprisonment on 10 February 2015, Mr. Anwar Ibrahim has been examined by Dr. Jeyaindran Tan Sri Sinnadurai, who is also the Deputy Director General of Health; Mr. Anwar Ibrahim had been complaining to Dr. Jeyaindran about the pain in his right shoulder since early March 2015; however, according to his family, he was only sent to hospital in Kuala Lumpur after four months, namely on 2 June 2015; although the physician who examined him recommended intensive physiotherapy, this recommendation was not implemented, except for a few days from 7 to 12 July 2015; currently, according to Mr. Anwar Ibrahim’s family, physiotherapy rarely takes place – once every few weeks, despite the constant pain; Mr. Anwar Ibrahim’s medical report had been referred to Prof. Dr. Ng Wuey Min, Associate Professor at the University Malaya Medical Centre, an orthopaedic shoulder specialist who had treated him before; he concluded that the problem affecting Mr. Anwar Ibrahim’s right shoulder was serious and may require arthroscopic surgery to ensure longterm healing; Mr. Anwar Ibrahim’s family affirms that, on 21 August 2015, Mr. Anwar Ibrahim’s family was informed that, on that very same day, the orthopaedics specialist, Dr. Fadhil, had met Mr. Anwar Ibrahim in prison and merely prescribed strong painkillers to manage the pain, the dose subsequently being doubled by Dr. Jeyaindran,

Considering that Mr. Anwar Ibrahim’s family consider that Dr. Jeyaindran should not be in charge of Mr. Anwar Ibrahim’s health treatment for the following reasons: (i) he was a witness who testified during the trial against Mr. Anwar Ibrahim; (ii) he is also the personal physician to the current Prime Minister of Malaysia; (iii) he has failed to implement any necessary treatment, which he personally recommended, namely intensive physiotherapy; (iv) he lacks the expertise in the area of Mr. Anwar Ibrahim’s health problems; (v) the family affirms that Dr. Jeyaindran has taken three months to allow Mr. Anwar Ibrahim to be examined and for an MRI of his right shoulder to be taken, which has contributed to the pain becoming chronic and affecting his left shoulder; (vi) the family considers that Mr. Anwar Ibrahim needs to be taken immediately to the University Malaya Medical Centre hospital for a thorough examination by Prof. Dr. Ng Wuey Min of his right and left shoulder problems, including all tests such as MRI, etc, so that he can give an authoritative judgement as to effective treatment,

Recalling that, while in detention during the first sodomy trial (“Sodomy I”), Mr. Anwar Ibrahim suffered a severe spinal injury and developed symptoms of spinal cord compression; his plea for medical help then was not heeded,

  1. Thanks the IPU trial observer and the parliamentary authorities for their extensive comments on the trial against Mr. Anwar Ibrahim;
  2. Thanks also the Malaysian authorities, in particular the parliamentary authorities, for receiving the on-site mission and for facilitating the fulfilment of its mandate; appreciates that the mission was given the opportunity to meet with Mr. Anwar Ibrahim, albeit – contrary to its procedure – not alone;
  3. Is deeply concerned about the trial observer’s conclusion that, in light of the procedural irregularities and the evidence available, Mr. Anwar Ibrahim should have been acquitted; considers in this regard that the detailed official rebuttal does not dispel the serious concerns about the credibility of the alleged victim, the DNA evidence and the dubious circumstances surrounding the alleged sodomy;
  4. Fears that Mr. Anwar Ibrahim’s conviction, which precluded him from participating in parliamentary life for more than a decade, deprived the opposition of its main leader and ultimately led to the disintegration of the united opposition, may be based on considerations other than legal;
  5. Sincerely hopes therefore, all the more so in light of new facts presented by his legal counsel and family, that the efforts to obtain a judicial review or royal pardon will bear fruit; wishes to be kept informed of progress in this regard;
  6. Is deeply concerned that Mr. Anwar Ibrahim may not be receiving the treatment he needs in an effective and timely manner; calls on the authorities to do everything possible to address this situation, including by allowing him to be cared for by a doctor of his own choice and to receive the recommended long-term treatment to avoid irreparable damage to his health, if need be through surgery abroad; wishes to receive the views of the authorities on this point;
  7. Requests the Secretary General to convey this decision to the competent authorities, the complainant and any third party likely to be in a position to supply relevant information;
  8. Requests the Committee to continue examining this case and to report to it in due course.

Download PDF

28 September 2015


Pendapat Anda?

Dato’ Seri Anwar Ibrahim’s Medical Treatment: A Rebuttal to claims by D-G of Health

28 September 2015

We refer to the statement by the DG of Health on 26th September 2015 claiming that the medical professionals are providing all necessary treatment for DSAI.

We strongly disagree. Urgent and essential medical treatment has been unreasonably delayed until the present day.

The D-G of Health claimed that there are 17 experts managing DSAI’s medical treatment. However this is of no avail to DSAI as urgent surgical treatment continues to be delayed. DSAI’s chronic right shoulder injury has worsened and has left him in a state of constant pain. This has been raised by DSAI, his family and lawyers ever since his imprisonment in February 2015.

It was almost 3 months before even an MRI was carried out to ascertain the exact condition of the shoulder, despite repeated pleas for treatment by DSAI. Since then the panel of doctors have told DSAI that surgery is required to the right shoulder. Despite more requests and pleas by DSAI’s family and lawyers, he has yet to be taken to hospital for the surgical procedure.

The D-G of Health claimed that a senior physiotherapist has been assigned to him. However, DSAI only received physiotherapy about once a month and even this was at the prison itself where there are no proper facilities for physiotherapy to be carried out effectively. He should be taken several times a week to the hospital for intensive physiotherapy as recommended by the orthopaedic specialist.

Now with his worsening condition, surgery has become essential.

The DG now claims that they are allowing an orthopaedic consultant chosen by DSAI’s family to give a second opinion. However this request was made much earlier by DSAI and family, and has never been allowed to date.

Why this unexplained delay?

We note that although 17 experts are said to be involved, the person in charge remains Tan Sri Dr S.Jeyaindran. Dr Jeyaindran was also a prosecution witness against DSAI in the sodomy prosecution.

What is equally worrying is that the Minister in charge has again appointed Dr S.Jeyaindran to examine DSAI now, when he is the very the same physician consultant who was involved in treating DSAI in 2003 during his then imprisonment. Even back then, DSAI had complained about the lack of adequate medical treatment for his back problem. Those complaints were very real because DSAI was flown immediately to Munich for complex surgery on his back upon his release in September 2004.

We therefore demand on behalf of DSAI and his family that:-

1. Dr S Jeyaindran be removed as the leader of the panel of experts and as DSAI’s physician;
2. That DSAI be warded immediately, and allowed to consult the orthopaedic surgeon of his choice and that the surgery be carried out promptly.

Issued by,

Sivarasa Rasiah
N Surendran
Latheefa Koya

Lawyers for Anwar Ibrahim

21 September 2015


Pendapat Anda?

DS Anwar Ibrahim conveyed the following message to the public through his lawyers on 21 September 2015:

“I welcome the round table gathering of representatives from PAS, KEADILAN, DAP and Amanah and NGOs expected to take place on Tuesday.

This is an important preliminary step in forging a representative, participatory and inclusive alliance of political parties, NGOs and personalities to bring much-needed change to the country.

The aim of the gathering is not simply to forge a political alliance; ours is a greater endeavour to save the country by uniting all forces committed to reform, justice and the rule of law.

From this prison, I sense the anxiety and concerns of the Rakyat on the economy and fall in currency, increase in racial rhetoric and the continuing 1MDB scandal which remains unresolved.

In this critical situation, we must set aside differences and move forward to forge a viable, just and democratic alternative to the current government.”

Fahmi Fadzil
Communications Director
Parti Keadilan Rakyat


Kenyataan Media: Perutusan DS Anwar pada 21 September 2015

Berikut merupakan perutusan DS Anwar Ibrahim yang disampaikan melalui peguam beliau pada 21 September 2015:

“Saya terima baik usaha rundingan meha bulat yang akan disertai wakil-wakil PAS, KEADILAN, DAP dan Amanah serta NGO-NGO pada Selasa ini.

Ini merupakan langkah awal yang penting bagi mewujudkan muafakat yang melibatkan semua pihak termasuk parti-parti politik, NGO dan individu-individu yang amat diperlukan demi membawa perubahan kepada negara.

Tujuan pertemuan ini bukan hanya untuk mewujudkan muafakat politik; usaha kita lebih dari itu, iaitu untuk menyelamatkan Malaysia dengan menggembleng tenaga semua pihak yang komited kepada reformasi, keadilan dan kedaulatan undang-undang.

Walau saya di penjara, saya tetap dapat merasai kerisauan dan kebimbangan rakyat terhadap isu ekonomi dan kejatuhan nilai mata wang ringgit, penggunaan retorik perkauman yang semakin meningkat dan skandal 1MDB yang tidak berkesudahan.

Dalam keadaan genting ini, kita perlu mengetepikan perbezaan dan maju ke hadapan untuk membentuk alternatif yang berdaya maju, adil dan demokratik berbanding kerajaan sedia ada.”

Fahmi Fadzil
Pengarah Komunikasi
Parti Keadilan Rakyat

21 September 2015


Pendapat Anda?

Washington Post

THE OBAMA administration has made a heavy bet on the Malaysian government of Najib Razak, whose majority Muslim nation collaborates on several key U.S. national security initiatives: counterterrorism, counterproliferation and balancing against China’s regional ambitions. In December, President Obama invited Mr. Najib to a round of golf during his Hawaiian vacation, a rare show of friendship for a foreign leader.

Since then, however, Mr. Najib has been evolving into an increasingly unseemly pal. In February, the country’s opposition leader, Anwar Ibrahim, was imprisoned on blatantly trumped-up charges, just under a year after the coalition Mr. Anwar led won the popular vote in national elections. That was the tip of a broader campaign to suppress the opposition; key leaders were indicted under a sedition law that Mr. Najib once promised to repeal, and a leading cartoonist was prosecuted for tweets. Mr. Anwar’s daughter, parliament member Nurul Izzah Anwar, was recently told she was being investigated under an anti-terrorism law.

Then came the news that close to $700 million had been transferred to personal bank accounts of Mr. Najib before the 2013 election. The Wall Street Journal reported in July that Malaysian investigators believed the money came from companies linked to a troubled state investment fund headed by the prime minister. Mr. Najib responded with a brazen crackdown on those investigating the fund, firing a deputy prime minister and the attorney general and gutting a parliamentary investigative committee. Two newspapers that had been pursuing the scandal were shut down. When the opposition organized a massive protest demonstration last month, authorities banned the movement’s signature yellow color.

Mr. Najib once positioned himself as a reformer who would lead a quasi-authoritarian state to genuine democracy. Now he is trying to consolidate his position by appealing to the worst currents in Malaysian politics: ethnic chauvinism and Islamic fundamentalism. In answer to the opposition, the ruling party, which relies on support from the majority Malay population, staged its own rally in which senior officials crudely attacked the Chinese and Indian minorities. Mr. Najib is meanwhile toying with the idea of allowing Islamic sharia law to be imposed in one province, a key goal of Malaysia’s fundamentalists.

In a visit to Kuala Lumpur last month, Secretary of State John F. Kerry said he had “raised concerns” with Mr. Najib about freedom of expression and Mr. Anwar’s imprisonment. But mostly the Obama administration is sticking with the sullied prime minister. In July, the State Department delivered a questionable promotion to Malaysia in its human trafficking ratings; Mr. Obama is still scheduled to visit Malaysia for an Asian summit in November. The administration appears to be counting on Mr. Najib to deliver Malaysia’s support for the Trans-Pacific Partnership, an Asian free trade deal that Mr. Obama hopes to make part of his legacy.

Nevertheless Ms. Nurul, who visited Washington this week, had a good question for the administration officials she met: “For all that you are investing in Malaysia, are you getting your money’s worth?” Mr. Najib may cooperate with U.S. intelligence agencies and the trade representative, but his repression and pandering to racists and Muslim extremists risks destroying the foundations of the alliance. The next time Mr. Obama meets his golfing buddy, he ought to make that clear.

21 September 2015


Pendapat Anda?


U.S. opens money-laundering investigation amid international 1MDB probe; Malaysia police arrest critic of prime minister

The FBI has opened an investigation into allegations of money-laundering related to a Malaysian state investment fund, a person familiar with the matter said.

The scope of the investigation wasn’t known. It is the latest in a series of international investigations related to the fund that have been revealed in the past several weeks.

The international investigations center on entities related to 1Malaysia Development Bhd., which was set up by Prime Minister Najib Razak in 2009 to help drive the economy. The fund is having difficulty repaying more than $11 billion of debt and is at the center of investigations that are destabilizing the government.

A Malaysian government probe found that nearly $700 million moved through banks, agencies and companies linked to 1MDB before being deposited into Mr. Najib’s alleged private bank accounts ahead of a close election in 2013, the Journal reported in July.

The source of the money is unclear, and the government investigation hasn’t detailed what happened to the funds that allegedly went into Mr. Najib’s personal accounts. Malaysia’s anticorruption body in August said the funds were a donation from the Middle East. The donor wasn’t specified.

Mr. Najib has denied wrongdoing and denied taking money for personal gain.

Late Friday, a former member of Malaysia’s ruling party who had raised questions about money transfers to the Malaysian prime minister was arrested on charges of attempting to undermine democracy, his lawyer Matthias Chang said.

The arrest of Khairuddin Abu Hassan, who remained in custody on Saturday, prevented him from traveling to New York where he planned to urge U.S. authorities to investigate the transfers, Mr. Chang said.

A spokeswoman for the FBI’s New York office said that no agent in the office had arranged to speak with Mr. Khairuddin or had any previous contact with him.

Two of the transfers were made through the Singapore branch of a Swiss private bank and routed via Wells Fargo & Co. Wells Fargo declined to comment.

The Swiss attorney general’s office has opened criminal proceedings against two unidentified executives of 1MDB on suspicion of corruption and money-laundering. It has frozen tens of millions of dollars in Swiss bank accounts, officials said in August.

Last week, 1MDB said none of its executives or board members were the subject of criminal proceedings by the Swiss attorney general’s office, and that none of its accounts were frozen there.

Authorities in Singapore also have frozen accounts linked to 1MDB and are investigating allegations related to the fund. 1MDB said none of its accounts were frozen and that it was ready to assist any investigations subject to advice from the appropriate Malaysian authorities.


18 September 2015


Pendapat Anda?


Mystery deepens around fund set up by Prime Minister Najib Razak

Questions around a troubled Malaysian state investment fund and missing money in the Middle East have widened to include as much as $1 billion more.

The Wall Street Journal reported last week that officials in Abu Dhabi were trying to understand why a $1.4 billion transfer that the fund, 1Malaysia Development Bhd., said it made to a counterparty in the Middle Eastern emirate wasn’t received. Now, those officials are questioning a further $993 million that 1MDB reported it paid to the Abu Dhabi fund, the International Petroleum Investment Co., but which also appears to be largely missing, people familiar with the matter said.

Officials from 1MDB and IPIC didn’t respond to requests for comment.

The questions deepen the mystery around 1MDB, which was set up by Malaysian Prime Minister Najib Razak in 2009 to invest in Malaysia’s economy. The fund is now struggling to repay more than $11 billion in debt and is at the center of a corruption scandal that is destabilizing Mr. Najib’s government.

Earlier this year, a Malaysian government investigation found almost $700 million entered the prime minister’s private accounts through entities linked to 1MDB ahead of a close election in 2013. The source of the money is unclear, and the government investigation hasn’t detailed what happened to the funds that went into Mr. Najib’s personal accounts. Malaysia’s anticorruption body in August said the funds were a donation from the Middle East. The donor wasn’t specified.

Attempts to reach Mr. Najib weren’t successful. He has denied any wrongdoing or taking money for personal gain.

The link to the Abu Dhabi fund came in 2012, when it agreed to guarantee $3.5 billion in bonds issued by 1MDB to fund the purchase of some power plants. In return, IPIC was given options to buy a stake in those power assets. But last year, both sides agreed to end that deal with 1MDB agreeing to buy back the options for an undisclosed price.

1MDB said it made a transfer of nearly $1 billion to an IPIC subsidiary in November as partial payment for the options, according to copy of a draft report by Malaysia’s auditor general that was reviewed by The Wall Street Journal.

Neither the financial records of IPIC, nor its wholly-owned subsidiary Aabar Investments PJSC, for 2014 mention of the receipt of the money. They say only in a footnote that as of the end of 2014, 1MDB owed IPIC $481.3 million in outstanding payments for the options. No substantial amount of money was received by IPIC, the people familiar with the matter said. It isn’t clear how IPIC arrived at the $481.3 million figure and how it relates to the nearly $1 billion transfer 1MDB says it made to IPIC.

The missing $1 billion is the second payment that 1MDB reported it made and IPIC said it didn’t receive. Financial statements from 1MDB and a report by the Malaysian auditor general, which is one of a number agencies investigating 1MDB, show that the fund made a separate payment of $1.4 billion to IPIC. That payment was described as collateral for the loan guarantees that Abu Dhabi provided on the bonds issued by 1MDB. Last week, the Journal reported that payment also was missing and that Abu Dhabi officials were looking into it, according to people familiar with the matter.

The 1MDB fund said last week that it stood by its audited financial accounts and that its auditor, Deloitte Touche Tohmatsu Ltd., had made “specific and detailed” inquiries into the collateral transfer before signing off on the accounts. Deloitte declined to comment.

On Aug. 14, the Swiss attorney general’s office opened criminal proceedings against two unidentified executives of 1MDB and against what it called persons unknown for suspected corruption and money laundering. It also has frozen tens of millions of dollars in Swiss bank accounts. Swiss authorities on Tuesday said Malaysia has agreed to allow its prosecutors to question witnesses.

Authorities in Singapore also have frozen accounts linked to 1MDB and are continuing to probe the fund. The Malaysian fund said it was ready to assist any investigations subject to advice from the appropriate Malaysian authorities.

18 September 2015


Pendapat Anda?


In Malaysia, the 3Rs – race (the Malay race), religion (Islam) and royalty (the Malay Sultans) – ideology (code word for Malay supremacy) and strategy has underpinned the ruling party’s grip on the Malaysian community. Since the twelfth general election in 2008, however, the efficacy of this ideology and strategy appear to be on a downward slide, especially among urban Malaysians. The critical question now is: What extent will the prime minister and the leaders of UMNO use the politics of Malay supremacy to remain in power?

One of the most outspoken is the Sungai Besar United Malays National Organisation (UMNO) division chief, Datuk Jamal Md Yunos, who is organizing a “red shirt” rally for Sept. 16 (which coincidentally is Malaysia Day) to teach the Democratic Action Party (DAP) Chinese not to be rude to Malays. He has also warned non-Muslims to avoid Kuala Lumpur. Already rumors are spreading and the recent Low Yat riot comes to mind.

But the story is rapidly evolving. After fierce criticism from a wide spectrum of society, including from former UMNO stalwarts and public disavowal from prominent Malay associations,  the ‘theme’ has now changed. It appears that it is no longer Himpunan Maruah Melayu (Rally for Malay Dignity), but rather a Himpunan Rakyat Bersatu (Rally for Citizens Unity). Questioned for its legality earlier, the rally is now legal according to Malaysia’s Inspector General of Police. It is now being organised by the Malay martial arts sports association, Pesaka (the National Silat Federation), whose chair is the former Malacca Chief Minister, and current UMNO senator, Tan Sri Mohd Ali Rustam.

Despite the cosmetics, the motive remains.

It’s a common practice for leaders in the Malay community, especially from UMNO, to rally their supporters by appealing to race, religion and royalty; the symbols of Malay supremacy in Malaysia. Legitimate challenges within Malaysia’s narrowly defined democratic space are interpreted as “humiliating Malays” by those at risk of losing power. This is entirely predictable and was seen most clearly at Malaysia’s thirteenth general elections. It is important to note that its antecedents are likely in the creation of the Malayan state.

The force of this ideology was seen most vividly at Malaysia’s third general election in 1969, when UMNO performed poorly and ethnic riots between Malays and Chinese took place on May 13. Accounts vary as to what actually happened, but the underlying message was that while Malaysia is a “democracy,” power must always remain with the Malays, and preferably under UMNO. Otherwise, the loss of Malay supremacy would see them become marginalized within their own nation (as argued by their proponents).

Since then, the specter of May 13 is often raised for a host of different reasons, from justifying affirmative action for the Malays to banishing ideas for further democratization. Ironically, it is the DAP – the most successful opposition party and predominantly Chinese – that is always the reason given as to why another May 13 could happen.

The specter of May 13 is also commonly used by beleaguered UMNO leaders to rally their supporter. When UMNO was split in 1987, a certain UMNO Youth leader was alleged to have unsheathed a keris (Malay dagger) and reportedly vowed that the keris would be bathed in Chinese blood. UMNO general assemblies (including its Youth and Women’s assemblies) are routinely filled with symbolism such as this, accompanied with cries of protecting and “ennobling” (memartabatkan) the Malay race, the Malay language, the Malay culture, the Islamic religion and the Malay Sultans.

The current Deputy Home Minister, Nur Jazlan, wrote the following in 2011:

The party has failed to offer new ideas to attract the young Malays to support its ideology, which in recent years has drifted more to the right. The prime minister, Dato Seri Mohd Najib Tun Razak, through the concept of One Malaysia has tried to bring UMNO back to the center space of national politics, where race and religious tolerance is at equilibrium.

But his message doesn’t seem to resonate with the majority of the delegates and even among his bench of Supreme Council members, who may have come to a conclusion that another event of racial and religious strife in the country is the best way to retain Malay power.

The Deputy Home Minister concedes that the thinking at the highest levels in UMNO is that racial and religious strife can bring benefits to the party.

In cables leaked exclusively to The Sunday Age by WikiLeaks, several of Singapore’s highest ranked foreign affairs officials – Peter Ho, Bilahari Kausikan and Tommy Koh  – raised serious concerns over key politicians in Malaysia, including the then-Deputy Prime Minister Najib Razak.

The Sydney Morning Herald reported the following:

According to one cable detailing a meeting in Sept. 2008, Kausikan told U.S. Deputy Secretary of Defense for East Asia David Sedney that ”the situation in neighboring Malaysia is confused and dangerous,” fueled by a ”distinct possibility of racial conflict” that could see ethnic Chinese ”flee” Malaysia and ”overwhelm” Singapore.

”A lack of competent leadership is a real problem for Malaysia,” Kausikan said, citing the need for Najib Razak – now Malaysia’s prime minister – to ”prevail politically in order to avoid prosecution” in connection with a 2006 murder investigation linked to one of Razak’s aides.

”Najib Razak has his neck on the line in connection with a high-profile murder case,” Kausikan said.

Ho’s March 2008 assessment of Malaysia, given to another U.S. official, is also unflattering, and includes claims that former Prime Minister Mahathir Mohamad has been ”throwing stones” at his replacement, Abdullah Badawi.

”The political knives will be out for Abdullah’s son-in-law, United Malays National Organization politician Khairy Jamaluddin, whom nobody likes because he got where he is through family ties,” the cable records Ho saying. ”As for … Najib Razak, he is an opportunist. Although he has not been critical of Singapore, he will not hesitate to go in that direction if it is expedient for him to do so. Najib’s political fortunes continue to be haunted by the … murder scandal.”

Prime Minister Najib Razak is under intense pressure to resign. To compound his already numerous problems, a recent documentary by Al Jazeera once again raises serious questions of his alleged involvement in the murder of a foreign national.

If Najib’s supporters are of the opinion that sparking social unrest would be to his advantage, they may want to look back in history on how his father came to power.

If supporters of UMNO begin to think that such disturbances are likely to help it retain power in Malaysia, it would indeed be a frightening prospect, especially as divisions within the party have become all too apparent. Former prime minister Mahathir Mohamad appeared at a recent anti-government rally, urging UMNO’s members of parliament to replace Najib and has condemned the ‘red shirt‘ rally.

Those assessments made by Singapore’s foreign affairs chiefs on Malaysia are increasingly looking spot on.

18 September 2015


Pendapat Anda?


Nurul Izzah Anwar, daughter of jailed former opposition leader Datuk Seri Anwar Ibrahim, is pinning her hopes on the United Nations or United States taking up his case, she said yesterday.

Anwar was convicted last year of sodomising an aide and jailed for five years, but his supporters regard the former deputy prime minister as a political prisoner held on trumped-up charges.

This week, Nurul Izzah was in Washington to meet officials from the White House, State Department and Congress to lobby on her 68-year-old father’s behalf.

Current Prime Minister Datuk Seri Najib Razak has been weakened by a corruption scandal, and Anwar’s camp hopes international pressure will be the key to reopening his case.“America needs also to understand the impact of allowing such an important voice like Anwar to be silenced just because of political considerations,” Nurul said.

“And I think if we allow this authoritarian regime to hijack the agenda you will only see a worsening situation in terms of extremism.”

Once an ally of former Malaysian strongman Tun Dr Mahathir Mohamad, Anwar has already served jail time for sodomy but emerged to lead the opposition movement.

Washington has expressed its concern several times over his treatment, and in August, US Secretary of State John Kerry said he had taken up the matter directly with Najib.

Anwar’s international legal team has filed a motion with the UN Security Council’s human rights committee and hopes next month to be rewarded with a statement condemning his incarceration.

“Our hope is that between the UN opinion and the increased authoritarian consolidation under way in Malaysia… and Najib being under investigation… all these things together create the image of Najib as a man under siege,” one lawyer said.

15 September 2015


Pendapat Anda?

Berikut merupakan perutusan DS Anwar Ibrahim yang disampaikan melalui peguam beliau pada 15 September 2015:

“Saya mengecam tindakan beberapa anggota Umno dan lain-lain yang terlibat dalam kejadian pembakaran patung yang menyerupai pimpinan DAP. Ia satu tindakan yang memalukan lagi tidak beradab, dan juga mempunyai elemen perkauman.

UMNO di bawah pimpinan Dato’ Sri Najib Razak semakin tidak bertoleransi, dan semakin tidak bertanggungjawab dengan memperalatkan isu perkauman dan keagamaan untuk kekal relevan.

Taktik memburuk-burukkan pimpinan pembangkang mirip sifat pemerintah autoritarian.

UMNO dan pimpinannya perlu berani berdepan dengan pembangkang dan masyarakat sivil melalui perbahasan yang sihat dan berasaskan logik.

Ketiadaan keberanian ini dicerminkan dalam tindak-tanduk Datuk Seri Zahid Hamidi, Menteri Dalam Negeri yang sering menggunakan undang-undang menindas seperti Seksyen 124B Kanun Keseksaan, Akta Hasutan dan Akta Mesin Cetak dan Penerbitan untuk mendiamkan pengkritik.

Undang-undang mesti diguna untuk melindungi masyarakat, bukan untuk menggertak dan menakut-nakutkan rakyat.”

Fahmi Fadzil
Pengarah Komunikasi KEADILAN
15 September 2015


DS Anwar’s message to the public

DS Anwar Ibrahim conveyed the following message to the public through his lawyers on 15 September 2015:

“I condemn the actions of the Umno members and others who instigated and participated in the burning of effigies of DAP leaders. It was a disgraceful and uncultured act, which a carries a racial slant.

The UMNO leadership under Najib Razak is increasingly intolerant, irresponsibly relying upon race and religion in an attempt to remain relevant.

The tactic of demonizing opposition figures is reminiscent of authoritarian statecraft.

UMNO and its leaders must have the courage to face the opposition and civil society in healthy and reasoned debate.

This lack of courage is also mirrored in the frequent resort by Home Minister Zahid Hamidi to oppressive laws such as Section 124B of the Penal Code, the Sedition Act and Printing Press and Publication Act to silence criticism.

Laws must be wielded to protect society, and not to cow and intimidate the people.”

Fahmi Fadzil
KEADILAN Communications Director
15 September 2015

12 September 2015


Pendapat Anda?

DSAI conveyed the following message to the public through his lawyers on 9 September 2015:

“Saya amat kesal dengan keputusan Menteri Dalam Negeri Datuk Seri Ahmad Zahid Hamidi yang menyekat perjumpaan peguam-peguam dengan saya bagi tujuan perjalanan kes-kes di Mahkamah.

Ini adalah suatu pelanggaran hak saya mendapatkan nasihat guaman dan menghalang tugas dan tanggugjawab peguam-peguam saya.

Tindakan ini telah menafikan saya daripada berbincang dan memberi arahan mengenai kes-kes Mahkamah, yang mana saya terlibat dalam sejumlah 16 kes sivil dan jenayah.

Umpamanya, pada hari ini, peguam-peguam saya N Surendran dan Dato’
Ambiga Sreneevasan tidak dibenarkan berjumpa dengan saya walaupun mereka perlu mengambil arahan mengenai kes-kes Mahkamah yang akan berlangsung pada 15 September dan 5 Oktober masing-masing.

Sebelumnya, peguam dihalang berjumpa walaupun ada afidavit untuk diikrarkan pada kadar segera.

Hormati undang-undang dan proses Mahkamah dengan membenarkan peguam jalankan tugas dengan sempurna dan tanpa gangguan!”

Fahmi Fadzil
KEADILAN Communications Director

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