Friday, July 18, 2008

Why Raja Petra charged? Because if the state wants to it can...

Some people are asking why Raja Petra Kamaruddin with criminal defamation?

Malaysia Today editor Raja Petra Kamarudin, 58, was arrested today and charged for defaming Deputy Prime Minister Najib Razak's wife, Rosmah Mansor, and two others.

MCPX
He was charged with criminal defamation under Section 500 of the Penal Code at the Kuala Lumpur Magistrate's Court...According to Section 500 of the Penal Code, “whoever defames another shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both”... - Malaysiakini, 17/7/2008, Raja Petra arrested, charged in court
And 2 months ago, he was charged for sedition...

Two months ago when Raja Petra was charged with sedition for publishing an allegedly seditious article entitled ‘Let’s send the Altantuya murderers to hell’ in his Malaysia Today website, he refused to post bail... - Malaysiakini, 17/7/2008, Raja Petra arrested, charged in court

Let us also remember also Lim Guan Eng and others who have been charged for Sedition, etc..,
Lim Guan Eng On August 25, 1998 outspoken opposition parliamentarian Lim Guan Eng was jailed after he lost an appeal before the Federal Court. The Court upheld his sentence of two concurrent eighteen-month prison terms for sedition and malicious publishing of false news in connection with statements he made and published in 1995 accusing the Malaysia's Attorney General of mishandling allegations of statutory rape of a schoolgirl made against the Chief Minister of Malacca (Rahim Thamby Chik) . Because of his conviction, Lim Guan Eng was disqualified from being a member of parliament or holding elective office, was prohibited from holding any position in a political party for five years, and was barred from pursuing his profession as an accountant. He was released in 1999 after serving one year of his eighteen-month sentence.

LESSON TO BE LEARNED: Dangerous to make allegations against people in power - but then all of us have an inherent duty to uphold the cause of justice, truth and human rights without fear or favour. Of course there is, and always will be, risks BUT we have no choice but to do what is right.

Judge Ian Chin, a brave man indeed in the Malaysian context, to have brought allegations about "boot camps" and all - and rightly so he has been criticized for bringing it out so long after what had happened - after there has been a change of Prime Minister, and several Chief Justices. But, then Ian Chin is a HERO and should be applauded for there are just too many who would choose to remain silent until death after seeing and knowing wrongs - living by that warped "best not rock the boat" philosophy.

I, am of the opinion, that in the case of Raja Petra - the persons allegedly defamed should have just pursued a civil defamation suit on their own, if they wanted to - the State should not get involved.

I do not see why the Attorney General and the Police should go charge him for Criminal Defamation now, or Sedition earlier...

I do not believe that Najib and/or Rosmah and/or any of the other persons mention have commenced any defamation suit against the Raja Petra. I believe that Najib and Rosmah have come out and made public denials of the allegation, and left it at that. I did not read of Najib or Rosmah making any police report against Raja Petra. Or was there a police report made..??

Back to the question as to why Raja Petra was charged....the State's answer would be that he broke the law...and that would be right. But, at the end of the day, a person is charged or not depends very much whether the State wants to charge you or not...

If the State wanted, the people who assembled outside the IPK Kuala Lumpur could have been arrested for illegal assembly and charged...or not charged..., I rest my case..


NOTES:-

Then, we have also Marina Yusoff Marina Yusoff, former vice president of the National Justice Party (Parti Keadilan Nasional), was arrested on January 12, 2000, for "provoking racial discord" in violation of Sedition Act s. 4(1)b.

Zulkifli Sulong and Chia Lim Thye Zulkifli Sulong, editor of the opposition newspaper Harakah, and Chia Lim Thye, who holds the permit for Harakah's printing company, were charged under the Sedition Act in January 2000 for an article relating to the Anwar sodomy trial which alleged that there was a government conspiracy against Anwar.

** As source, I refered to Human Rights Watch website

4 comments:

DNA Specialist said...

BTW, was a DNA demanded of the Child of the Malay girl who finally gave birth and remanded in a Juvenile detention. ?

And is the crime of Statutory Rape has Statue of Limitations?

Can the person be charged again ?

Anonymous said...

"I, am of the opinion, that in the case of Raja Petra - the persons allegedly defamed should have just pursued a civil defamation suit on their own, if they wanted to - the State should not get involved"

The problem is that these clueless people cant differentiate that. Thats why they treat the Govt's coffers like their own ATM machines. Endless negotiated tenders, endless APs etc. The last 5 years, these clueless people has also turned into reckless and "lawless" people.
Let give AI a chance to win and then go after them and put them through what AI has gone thru in 1998/99. A bitter taste of their own medicine.

Anonymous said...

Dear Charles the standard of proof in a defamation case is on a balance of probability which means it would have been easier for Mr & Mrs Najib to challenge RPK's allegation. The standard of proof in Criminal Defamation would be a higher threshold of beyond reasonable doubt. I wonder why the police of decided to slap a criminal charge against RPK when it would have been easier for the Najibs to sue him in a civil court for damages. The answer is they want to lock up RPK as he is a thorn in the govt's flesh. But people like RPK and Anwar and many others who have stood up against the BN govt for the indiscretions will one day be remembered as revolutionaries who put their lives on line to defend freedom. Without them KL may have become downtown Mogadishu. I am yet to hear an UMNO leader standing up and speaking out against the actions of UMNO. The party has no conscience it should be prevented through legal means to continue running the country and Anwar seems to be the person who could achieve this. God Bless Malaysia and its citizenry.

Khidmat Untuk Negara said...

The Barisan govmen is a shameless and dishonest regime. Unlike the Burmese junta they use the law like a gun because they control everything from police to judges.

If not why Pak Lah wants to clean out judiciary and corruption. It takes a thief as they say..but all his promises are bullshit so far lah.

What is one promise he has kept? I mean one serious real promise to the rakyat. Difference between Pak Lah and Mahathir is IQ. One said I Quit and the other I wont Quit.

Anyway both are equally bad for the country...cheer up for now because can u imagine Bodohland under the rule of " I did not have sex with that woman.." you know who?

Malaysia is the laffing stork of the world ..Hah hah ah ah..ouch!

Why Raja P charged? Because he has to be put away by hook or crook cos he knows too much and talks too much and they you know who have too much to lose.