Friday, February 20, 2009

In Malaysia, all persons are equal but not the 'VIP', like MB Selangor

Our Federal Constitution guarantees that all persons are equal before the law...

Article 8, Federal Constitution - Equality.

(1) All persons are equal before the law and entitled to the equal protection of the law.

(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

(3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of any State....

But alas, there seem to be some inequality practiced when it comes to VIP, VVIPs, etc and this must stop.

Many of us are already concerned in the way the police and the then ACA have been dealing with cases implicating Mohd Najib Razak, our DPM...

And, now we find that our newly formed Malaysian Anti-Corruption Commission (MACC) also treating 'VIP's differently

We wanted the MACC to be independent - and that is also the reason why we also wanted them to have the power to prosecute without having to go and get the consent of the AG...(or the DPM, or the PM...or some other)....but it was not to be.

If there is corruption - and you have sufficient evidence, then you must charge the suspect in court - and that is that. You do not have to go to the press and report to thye whole world the strength of evidence that you have. In any event, did you do it for all cases - or just the selected few, ...maybe those that involve opposition personalities.

I must ask that Ahmad Said Hamdan step down as the MACC chief because he just cannot get away from the old ways of doing this, and seems to be just too fearful of exercising his independence without fear or favour...

We need a new person to be made head of this New MACC - someone not influenced or contaminated by the old norms, the old ways of doing things...

MACC chief Ahmad Said Hamdan said the commission preferred the Attornet-General's chambers to handle the Selangor MB's case as "it involves a VIP".He said this when asked by reporters on the matter in Penang this morning as to why MACC did not proceed to prosecute Abdul Khalid, which is within its powers to do so. - Malaysiakini, 20/2/2009, Car 'n cows: S'gor MB could be charged

GEORGE TOWN: Malaysian Anti-Corruption Commission (MACC) chief Datuk Seri Ahmad Said Hamdan said that there was strong evidence to show that Selangor Mentri Besar Tan Sri Khalid Ibrahim misused his powers over the maintenance of his personal car and the distribution of 46 cows worth RM110,400 for slaughter during Aidil Adha celebrations in his parliamentary constituency of Bandar Tun Razak last December.

The Malaysian Anti-Corruption Commission chief commissioner Datuk Seri Ahmad Said Hamdan said the commission had completed its investigations and the matter would be referred to the Attorney-General (AG) for further action.

“We would suggest that legal action and so on be taken, as we have strong evidence for both the cases that abuse of power has taken place.

“Although we can make a decision to press legal charges, but the commission feels that it is better if the AG makes a decision.

“Since it involves a VIP, it is better that the case is referred to the AG, as there might be certain parties not satisfied with the investigation by the commission ,’’ he told reporters after the ground-breaking ceremony of the building of the state commission’s staff housing on Friday.

This follows a report lodged on Feb 6 by Selangor Umno Youth, alleging that Khalid had used state funds to pay for the maintenance of his personal car.

Its Shah Alam head Azhari Shaari, accompanied by the Kuala Selangor, Ulu Selangor and Kota Raja Youth chiefs, lodged the report at the Selangor Malaysian Anti-Corruption Commission (MACC) in Shah Alam.

He said they were filing the report on behalf of the state Umno Youth and claimed that they had evidence that Khalid had misused his power.

On Wednesday, Khalid filed two defamation suits against Sungai Besar state assemblyman Datuk Seri Dr Mohd Khir Toyo over allegations related to his personal car, a Lexus, and the purchase of 46 cattle.

The suits were over “Lexus is my own, says Khalid”, a report in the News Straits Times on Jan 15, and “Lepaskan jawatan MB”, published in Utusan Malaysia on Jan 23.

“On my client’s part, there are no transgressions as he has the documents to back up his purchase of the Lexus and on the purchase of the cattle, which was made solely by PKNS and donor firms, without his involvement,” Khalid’s lawyer Sankara Nair had said then. - Star, 20/2/2009, MACC Chief: Strong evidence of misuse of power by S’gor MB (Updated)

I am also concerned about the fact that the MACC chief has spoken to the press about the status of the investigations, and the fact that he has a strong case, etc ... this is really not at all proper.

If there is sufficient evidence, then charge him in court, and let the trial begin...

After all, it is for the court to determine whether you have sufficient evidence or not to convict a person. The MACC chief may now say that he has strong evidence but then when it comes to Khalid's lawyers, they will say the opposite. It is the court that ultimately decides after the trial.

If he did have strong evidence against Najib (our current DPM), for the many allegations of corruption? Would he have come out and told the media that he did have sufficient evidence? I think not - and the reason is obvious...and it is very telling about the man that now heads the MACC.

So, his speaking to the press in the case of Pakatan Rakyat Selangor MB may also be seen by some as an indication of his political leanings, and a measure of his 'independence'.

We should never advocate trial by media - and this act of the MACC Chief speaking to the press about his opinions about the evidence collected in a corruption case involving the Selangor MB even before he is charged, or even before there is even any decision that he will be charged is very very wrong. he sending a "message" on behalf of some....i.e. if we want to, we can charge you and will most likely succeed in convicting you, so...

So what?

Maybe, if you leave PR and become pro-BN Independent, then maybe your case may disappear.. This is pure speculations, of course.

OR - maybe his going to the press and saying that he had 'strong evidence' was his way of denying the AG the option of not charging Khalid in court, Think about it. If the AG does not now charge Khalid, there will be many wondering as to the reasons behind that for after all the chief of MACC very confidently told everyone that he had 'strong evidence'

But, then again we will not know why he did what he did, will we?


al-Balingi said...


Don't know what will happen to our country when almost everything can't be trusted anymore. The election commission, MACC , the police and even our judiciary system in jeopardy. They were so bias.

Samuel Goh Kim Eng said...


Only before God are we all truly equal
Otherwise we are considered only close to a sequel
Equality on earth is still a very subjective matter
When there remain political divisions that fetter

(C) Samuel Goh Kim Eng - 200209
Fri. 20th Feb. 2009.