Pope Francis's words relevant to Malaysia - Corruption, Reaction of the corrupted, and what we must continue doing?

With the allegations of corruption, abuse of power, kleptocracy, wrongdoing (including actions to possibly protect the 'guilty'), ...involving possibly the Malaysia's Prime Minister, M01, public officials, government owned companies like 1MDB and related companies...and the responses by the current government against Maria Chin and others, BERSIH 5,..it was interesting to come across what Pope Francis had said about this...and see how true his observations may have been when it comes to corruption and the possibly 'corrupted'...in Malaysia today.

There are few things more difficult than breaching a corrupt heart: “So is he who lays up treasure for himself, and is not rich toward God” (Lk 12:21). When a corrupt person’s private situation becomes complicated, he knows all the loopholes to escape, as did the dishonest steward of the Gospel (cf. Lk 16:1-8).

A corrupt person passes through life with shortcuts of opportunism, with an air of one who says: “It wasn’t me”, managing to internalize his ‘honest man’ mask. It is a process of internalization.

Well, we recall the fact that billions of ringgit was discovered in personal bank accounts of Najib Razak, and his initial response was that this was not for his personal use...and generally silence after that. (I do not recall our Prime Minister personally giving us Malaysians an explanation...do you?)

It was alleged that it was a donation by some Arab...and then it was also disclosed by the Attorney General that the unutilized balance had been returned to the unnamed donor...but if it was an honest donations with no strings attached, why return the money. 

Anyway, Malaysian Attorney General said no crime and ordered investigations closed ...but unfortunately even if Malaysian authorities said so, this case remains very much an open issue in many other countries...and most Malaysians are also unconvinced about the conclusions reached..

The corrupt person cannot accept criticism; he discredits those who criticize; he seeks to diminish any moral authority that may call him into question; he does not value others and attacks with insults whomsoever may think in a different way. Should opportunity permit, he persecutes anyone who contradicts him.

 Well, did it not also happen in Malaysia...is it also still not happening, and the lastest victim now is Maria Chin...and there have also been attempts to discredit BERSIH...foreign fundings...CIA? 

Maria Chin revealed to SUHAKAM that she had just been questioned for 3 hours - if so, really there was no justification to detain her for so long - as she really is only a suspect. In fact, like so many others including Najib himself, the police and/or other investigating bodies could have just met her and questioned her without even the need for any arrest and detention. 

Using SOSMA, a law that provides for special measures that can be used in cases of security offences, her post arrest detention has simply been extended to 28 days on the order/instructions of a police officer with the rank of Superintendent or above (still no disclosure as to who this officer was, or whether he acted on orders from someone?). 

In normal criminal procedure, to prevent police abuse of powers, and possibly even torture, the police can detain a suspect for more than 24 hours only if their application to the Magistrate is successful. The Magistrate ensures that the police is not unnecessarily detaining a suspect - he/she judiciously considers all arguments from the police and the suspect(who can and generally is represented by a lawyer) before granting an order for further remand - and for how long. Anecessary check and balance to prevent the police from abusing their powers...

Corruption is expressed in an atmosphere of triumphalism because the corrupt person considers himself a winner. He struts about in that environment in order to belittle others. The corrupt person knows neither brotherhood nor friendship, but complicity and enmity. The corrupt one does not perceive his corruption. It is somewhat like what happens with bad breath: the person who has it is ser this reason it is unlikely that the corrupt person will be able to recognize hildom aware of it; it is the others who notice it and have to tell him about it. Fos state and change through inner remorse.

Well, it may be like 'bad breath' - but now a lot people have highlighted this...and surely the possibly 'guilty' (never guilty until proven in a court after a fair trial) is obvious. Or has corruption and/or kleptocracy become a norm, an acceptable practice that is no longer a wrong or a sin. Well, maybe the corrupt and their 'friends' may believe so, but obviously the people do not. The participation of about 100,000 or more that came out...and now the over 40,000 who have signed the online petition  do not believe so. But alas, the reaction of 1MDB, its related companies and some public officials is disturbing...

UMNO-BN component parties also seem not to be bothered - and their silence or complicity will only undermine the image of these parties, their leaders and members. GERAKAN, for instance, seem to have taken a stand to suppress critics - an attempt was made by a leader to get Christians and Churches to not get involved in this issue. Is it political - no, it is not for it has a direct impact for all of us in Malaysia - where we now see an increase of cost of living, an increase in the cost of even healthcare....The problem still exist, and now all Malaysians and others have no choice but to act...

The Lord, however, does not tire of knocking at the doors of the corrupt. Corruption is no match for hope.

 Well, do we give up?. Well, Pope Francis however says that we should never give up - he says that we should 'not tire of knocking at the doors of the corrupt'. In the Bible, there is a story of a widow who went seeking justice to the Judge. She knocked and knocked at the door until finally the Judge could not ignore it any more, and had to act. Likewise, we too need to be persistent in our demand of justice - not simply making a single call, or issuing a single statement - but being persistent in our demand for justice...and Malaysians have been...Despite the threat of being arrested, detained and/or charged for a variety of offences like Sedition, doing 'acts detrimental to parliamentary democracy'(which no one really knows what it is), Printing Presses and Publication Act, Multimedia Acts, etc  - we have not tired or given up demanding for justice to be done. 

We have lost online newspapers like Malaysian Insider and Malaysian Chronicle...we have had people arrested, charged and even convicted for various offences - but Malaysians and the people of the world are tiredlessly still knocking at the doors of justice ...and we are proudly doing it all in a peaceful manner. Bravo...

Pope Francis gives us hope....he says that 'corruption is no match for hope' - hence, if we are persistent, we will succeed.

Corruption is a greater ill than sin. More than forgiveness, this ill must be treated. Corruption has become natural, to the point of becoming a personal and social statement tied to customs, common practice in commercial and financial transactions, in public contracting, in every negotiation that involves agents of the State. It is the victory of appearances over reality and of brazenness over honourable discretion.

DAP, PKR and some of our Opposition parties and politicians may be 'happy' that our attention seem to be focussed on Najib and the UMNO BN but they have certainly lost their moral authority...to now demand for the resignation of Najib or the Cabinet. Why? Because Lim Guan Eng did not resign as Chief Minister in the face of allegations (and now a charge) of corruption, kleptocracy and/or abuses of power. 

“Following the disagreement of PKR to a state general election, the DAP will not proceed with proposal for a state general election,”.... justifiable concern about the state general election was raised, in that PKR risked losing more seats than DAP

I am of the position that when a Prime Minister/Chief Minister/Menteri Besar and/or member of the Cabinet or State Exco is faced with allegations of corruption, abuse of power and/or kleptocracy especially if related to the carrying out of his/her duty as a public officer and leader of government, the correct principled and moral thing to do is to resign, OR to confirm their mandate to continue to govern which means calling for an immediate Elections. If the people still vote you into power - then you confirm that you still have the mandate to govern, despite the allegations. The same may not apply to an MP or ADUN - you can remain until you are convicted, and have exhausted all appeals. Remember that Lim Guan Eng and DAP's excuse for not calling a fresh elections was because their Pakatan partners did not agree. A risk of losing seats is not a justifiable reason...to avoid doing the right thing in this case > No 'snap elections' - no renewed mandate that shows that people still want Lim Guang Eng as Chief Minister, despite corruption allegation, - hence no choice but to simply resign...

In the case of Najib, he possibly has also the same excuses as PKR and DAP - the BN MPs and component parties have not lost confidence in him continuing to be Prime Minister. 

As such, there is no difference in the position taken by Najib and Lim Guan Eng, UMNO-BN or the Opposition Pakatan, or is there?. 

True, 'friends' will be with you and 'enemies' will be against you - but ultimately for any leader facing alleged corruption, especially relating to public office, they must go back to the people for a renewed mandate...or honourably resign... 

Maybe, Lim Guan Eng and the Opposition government will re-consider, and call for a snap elections, or alternatively Guan Eng must resign as Chief Minister...we shall see...will they do the morally right and principled thing? If they do not, then even if the current Federal government PM was Wan Azizah - we will still be in the same position...as we are now...

Are the Opposition States doing anything to prevent kleptocracy at State level? 

Likewise, the same 'risks' involving government owned companies and GLCs also will exist in the States - and they have to date NOT taken any steps to ensure that similar corruptions, abuses and kleptocracy does not happen in their state. Azmin too, the Menteri Besar, of Selangor has not even declared his income and interests publicly(as far as I know) - is he earning more than his salary/allowance as MP, ADUN and Menteri Besar - is he also pocketing Director allowances from State owned companies and GLCs, or is other money/benefits flowing from these GLCs and government owned companies. Is he and/or PKR also benefiting from acts of 'kleptocracy'. I made some concrete proposals as to what can be done in my earlier posts. 1MDB? GLCs? WHAT CAN BE DONE by Federal/State governments to avoid 'kelptocracy' and abuses?

Malaysians deserve clean and uncorrupted peoples' representatives and government, and our options are not that good at the moment...unless..

Every year, the Auditor General's report discloses 'abuses' and failings resulting in losses of millions - but then there seem to be no investigation and prosecution of those responsible. 'Internal' disciplinary measures like transfers or demotions is not the solution - we need to see transparent actions taken against the guilty - and, we also need to know if the monies lost is recovered. We cannot affort unnecessary loss of peoples' money. Example of this - A-G report: Digital scale priced at RM800 bought at RM8,000 by Pahang college

CORRUPTION, KLEPTOCRACY and ABUSES OF POWER must be battled and eliminated at all levels, and the persons responsible must be investigated, charged and persecuted in our courts. 

_ * _

ADDRESS OF POPE FRANCIS
TO THE DELEGATES OF THE INTERNATIONAL ASSOCIATION OF PENAL LAW

Hall of Popes
Thursday, 23 October 2014

b) Regarding the crime of corruption

The scandalous concentration of global wealth is made possible by the connivance of public leaders with the powers that be. Corruption is in and of itself a death process: when a life is ended, there is corruption.

There are few things more difficult than breaching a corrupt heart: “So is he who lays up treasure for himself, and is not rich toward God” (Lk 12:21). When a corrupt person’s private situation becomes complicated, he knows all the loopholes to escape, as did the dishonest steward of the Gospel (cf. Lk 16:1-8).

A corrupt person passes through life with shortcuts of opportunism, with an air of one who says: “It wasn’t me”, managing to internalize his ‘honest man’ mask. It is a process of internalization. The corrupt person cannot accept criticism; he discredits those who criticize; he seeks to diminish any moral authority that may call him into question; he does not value others and attacks with insults whomsoever may think in a different way. Should opportunity permit, he persecutes anyone who contradicts him.

Corruption is expressed in an atmosphere of triumphalism because the corrupt person considers himself a winner. He struts about in that environment in order to belittle others. The corrupt person knows neither brotherhood nor friendship, but complicity and enmity. The corrupt one does not perceive his corruption. It is somewhat like what happens with bad breath: the person who has it is ser this reason it is unlikely that the corrupt person will be able to recognize hildom aware of it; it is the others who notice it and have to tell him about it. Fos state and change through inner remorse.

Corruption is a greater ill than sin. More than forgiveness, this ill must be treated. Corruption has become natural, to the point of becoming a personal and social statement tied to customs, common practice in commercial and financial transactions, in public contracting, in every negotiation that involves agents of the State. It is the victory of appearances over reality and of brazenness over honourable discretion.

The Lord, however, does not tire of knocking at the doors of the corrupt. Corruption is no match for hope.

What can criminal law do against corruption? There are now many conventions and international treaties on the subject and a proliferation of offenses defined and directed at protecting not so much the citizenry, who are definitively the ultimate victims — especially the most vulnerable — as to protect the interests of those operating the economic and financial markets. 

Criminal punishment is selective. It is like a net that catches only the little fish, while it leaves the big fish free in the ocean. The forms of corruption that most need to be addressed are those which cause severe social harm — such as, for example, serious fraud against the public administration or dishonest administrative practices — shown by any type of obstruction of justice intended to gain impunity for one’s own misdeeds or for those of third parties.

- https://w2.vatican.va/content/francesco/en/speeches/2014/october/documents/papa-francesco_20141023_associazione-internazionale-diritto-penale.html

****

No snap polls for Penang – Lim Guan Eng 

Posted: 4:42 pm, July 31, 2016 by editor

GEORGE TOWN,   July 31 :  Chief Minister Lim Guan Eng said today DAP would not press ahead with their proposal to dissolve the Penang state assembly and conduct a snap election.

Lim said the decision was made as the DAP proposal did not get the support of its Pakatan partner, PKR which risked losing more seats than DAP.

“Following the disagreement of PKR to a state general election, the DAP will not proceed with proposal for a state general election,” he told a press conference here today.

He said PKR Deputy President Datuk Seri Mohamed Azmin Ali informed that PKR leadership did not agree with having early polls.

Mohamed Azmin, PKR Vice President Nurul Izzah Anwar and PKR Election Strategy Director Saifuddin Nasution had met him in Penang on July 20 to listen to DAP’s reasons for a state election, he said.

He said during the meeting, justifiable concern about the state general election was raised, in that PKR risked losing more seats than DAP.

“A proposal was made for DAP to give up one or two of our existing state seats to PKR to make the proposal more acceptable to the PKR leadership, however we stated that this was not feasible,” he said.

The Penang state legislative assembly has 40 seats, of which 19 are held by DAP, 10 by PKR, 10 by Barisan Nasional and one by PAS.

Local media recently reported Deputy Chief Minister II P. Ramasamy as saying that DAP had listed two options as a response to the two corruption charges filed against Lim, who is also DAP secretary-general.

The first option was to hold a snap election to gauge the people’s response to the charges against Lim, and the second was to wait for the next general election due in August 2018.

Lim was charged in the High Court on June 30 on two counts of corruption related to conversion of an agricultural zone to a housing zone as well as the purchase of land and bungalow at below market price. – BERNAMA - Malaysian Times, 31/7/2016


# I am positive that Islam, Buddhism, Hinduism, Sikkism and the other religions of the people of Malaysia would also hold similar positions about corruption, kleptocracy... It is my hope that people will share their thoughts on this.