Raja Petra's charge: What double standard is this?

Raja Petra's charge: What double standard is this? Hamdan Ibrahim May 7, 2008 I refer to the Malaysiakini report Raja Petra charged, chooses jail over bail. Our own version of Mahatma Ghandi, Raja Petra who chooses jail rather than bail on his sedition charges had won the respect of the public for his steadfast principle to stick to his guns come what may. By going to jail, he will put the government in the spot as public sentiment will be on his side. What a brilliant strategy on Raja Petra’s side to put the government on the defensive. Selective persecution seem to be the weapon of choice of the authorities to stop bloggers from giving their two sen of opinion on the Internet. One wonder if the present regime is trying to silence dissenting voices from reaching the public by charging a well-known blogger. Raja Petra’s well-written and hardhitting articles on the high-profile Mongolian murder case have hit a raw nerve among those top guns whom names he mentions in his blog. Presently there are a lot of corruption cases among the ruling elite, cases which seem to gather dust in the public prosecutor’s office. But once the cases involve the opposition members, just a trivial thing can land the individuals in jail. What double standard is this? Raja Petra might not be the first person to face the wrath of the law by publishing interesting articles which ridicule corrupt politicians on their misdeeds but now other bloggers too must watch their backs as what they post on the Internet might make them to be on the ‘wrong side’ of the law and they will have to face the music as well. When will the government ever learn that you cannot control information from reaching out to the public in this global world that we live in. The mainstream media is not the choice of the reading public what with their stale news. We cannot prevent people from reading the alternative medias and blogs for information on the wheelings and dealings of the ruling elite as they empty public coffers. More often than not, their articles are true as compared to mainstream news media controlled by the government. Our freedom of speech is under assault today with the jailing of Raja Petra and one can only hope that other brave souls who dare to expose the misdeeds of the ruling elite will not be cowed by this unfortunate incident and will continue to report the truth about what is wrong with this country. This despite that it might expose the high and mighty’s lack of integrity while they are in power. Raja Petra is a torchbearer of the good against evil in this country. Let us all decent Malaysians pray and at the same time donate some token sum to his defence team. May his ultimate sacrifice in going to jail galvanise other decent people to speak out loud and clear on what is wrong in this country. We cannot allow corrupt politicians to have it their way by intimidating and jailing those who expose public officials misdeeds in public. Only tyrants with their vain ego still thinks that they can control the people with government apparatus and stop dissenting voices from being heard. Let us hope our strong opposition in Parliament will bring up Raja Petra’s case which is seen as nothing but political persecution by all right-thinking members of the public. Malaysiakini - Letters

Bloggers: Sedition charge politically motivated - Malaysiakini

Bloggers: Sedition charge politically motivated S Pathmawathy - Malaysiakini May 7, 2008 An alliance of civil society groups and bloggers today expressed their solidarity and support to Raja Petra Kamarudin and blog commentator Syed Akbar Ali, who were separately charged with sedition yesterday. "We are seated here in solidarity for fellow writers and bloggers to make our stand on similar action that may be taken against other writers and journalists in future," said Interim Council National Alliance of Bloggers president Ahirudin Attan. "This move is politically motivated and aimed at silencing a principled and uncompromising voice speaking against the abuse of power," he said in a group statement. "We urge the government to re-consider its actions what is being perceived to be blatantly selective and repressive persecution. "In our view the sedition charge is malicious and without merit," he said. Selective persecution Dr Lim Teck Ghee of the Centre for Policy Initiatives (CPI) said the issue carries momentous implications for the freedom of speech and freedom of expression in the country. "This case is very clearly one of selective political persecution," he said. "It is an old law and based on a law which is obsolete and should have no place in a democratic society. "If his voice and similar voices are continually silenced it would be a very sad day for Malaysia," he said. The alliance also said that the Sedition Act expresses the idea that "the messenger may be shot for simply uttering the truth". "The fact that the charge against Raja Petra comes just days after commemorating World Press Freedom day is very shocking," said Centre for Independent Journalism executive director V Gayathry. She said Raja Petra has yielded a following in the public sphere. "Issues that come up in his posting are reflection on how people see the justice being meted out in this country," she said. Bernard Khoo (left), a blogger who goes by the name of 'Zorro-unmasked' said "we blog because we want to say what has to be said". "We blog because there are people out there who listen to what we say … we are willing to put our necks on the line so that what we say gets to the people who listen," he said.

Malaysian blogger jailed - AP

Malaysian blogger jailed over article allegedly implicating deputy leader in killing The Associated Press Tuesday, May 6, 2008 KUALA LUMPUR, Malaysia: A prominent Malaysian blogger was charged Tuesday with sedition for allegedly implying the deputy prime minister was involved in the sensational killing of a young Mongolian woman. Raja Petra Raja Kamaruddin, who has not denied that he linked Deputy Prime Minister Najib Razak to the slaying, pleaded innocent to the charge, telling reporters that he should have the right to hold the powerful accountable for wrongdoing. He was taken to prison after he refused to post bail. The court set the trial for Oct. 6. If convicted, he faces up to three years in jail. "I am not posting bail. See you guys in October," Raja Petra told supporters before police took him away. "I will be out for Christmas. Don't worry." Dozens of opposition members and bloggers gathered to show support for Raja Petra outside the Kuala Lumpur court where he was charged. They said they would raise public donations to post bail for him later. "Raja Petra has done a lot to raise people's awareness of issues," said Nurul Izzah Anwar, an opposition member of Parliament and daughter of opposition leader Anwar Ibrahim. "This is an attempt to clamp down on all sorts of freedom," she said. The sedition charge stems from an April 25 article titled "Let's Send the Altantuya Murderers to Hell" that Raja Petra posted on his popular Web site Malaysia Today. The article allegedly implies that Najib and his wife, Rosmah Mansor, were involved in the 2006 killing in Malaysia of Altantuya Shaariibuu, a 28-year-old Mongolian interpreter. Abdul Razak Baginda, a close associate of Najib, is charged with abetting the murder. Two policemen have been accused of killing her and destroying her body with explosives in a jungle clearing. The trial of the three men began in June 2007 and is under way. The prosecution contends that Abdul Razak had the woman killed because she pestered him for money after he ended their affair. ...more

Judicial Reform Proposal Sufficient?

The following is an excellent analysis of the proposal for judicial reform announced by the PM on 17 April 2008.

The Politics Of Compromise Malik Imtiaz Disquiet - April 19, 2008 ... This setting makes me wonder how to perceive these wonderful promises of judicial reform. I know Zaid Ibrahim and I think he is doing a good job at trying to push for reforms. His efforts strike me as being sincere and aimed more at nation building than politics. If he were the only factor in the mix, I would be heartened and would view the situation optimistically. However, Zaid is not the only factor nor he is the only player. Neither is the Prime Minister, assuming that he is solidly behind the push for reform. There are those on the cabinet who, in many ways, represent the old guard and for that reason alone may choose to oppose any measure involving acknowledgments of wrongdoing, tacit or otherwise. I note the Deputy Prime Minister’s emphatic rejection of the suggestion that the gesture made by the Government to those judges who were victimized in 1988, was not, repeat, not an apology. This refutation is manifestly inconsistent with Prime Minister’s declaration of a need to make amends. This and the presence on the cabinet of other senior UMNO members who may be nervous about crossing Tun Mahathir, who in these politically treacherous times is now openly acknowledged as being the principal cause of the downfall of the Judiciary, hints worryingly at the possibility that the reform proposals may not gain traction. The ex-gratia payment and the speech delivered by the Prime Minister fell short of the full vindication that the affected judges, so well versed in the parceling of fault, are deserving off. The payment and speech go someway to beginning a necessary process of truth and reconciliation not only the victims of 1988 but for the Judiciary and the nation. We must credit Zaid and the Prime Minister for that. Having said that, it must be recognized however that no matter how we characterize the gesture, it in itself does not go far in reforming the Judiciary. Zaid had declared that there were three key aspects to the reform package he was offering Malaysia; the apology, the establishment of a judicial appointments commission and reinstating Article 121(1) of the Federal Constitution to ensure the separation of powers. Of the three, as thing stand, only the first has to an extent become a reality. The Prime Minister’s declaration that the government proposes the establishment of a judicial appointments commission does not quite hit the mark where the second is concerned, in part because it is for the government to take steps and not to propose. His explanation that this will involve some time as the process has to be worked out is not reassuring in light of the split in ranks within the cabinet. The Prime Minister had in 2005 similarly reassured Malaysians that the IPCMC would be established. We have yet to see it, largely due to resistance from within. The establishment of the National Human Rights Commission (SUHAKAM) took some seven years. If that is what is meant when the Prime Minister says that the process will take time, I am not inspired. I do not know whether Malaysia can take another seven years of the Judiciary in its current state. The avoidance of any discussion of Article 121(1) in the speech is similarly worrying. The reinstatement of the article as it was prior to 1988 is a crucial step in re-entrenching the separation of powers and re-establishing the judiciary as a bulwark against totalitarian arbitrariness. The Barisan government has time and time again shown us why Malaysians cannot afford to lose the right to seek judicial review. We are largely where we are because the courts felt themselves unable to intervene or, if permitted, were unwilling. The absence of any reference to this key aspect of the discussion further undermines my belief that the Government will actually take concrete steps forward. Seen from this perspective, it is glaringly evident that the nation is currently caught up in a huge public relations exercise that the Barisan has hinged on the promise of judicial reforms. The public relation campaign does not necessarily of itself lead to the implementation of reforms. It is for this reason that civil society must keep on pressuring the Government to act and to act decisively. The Pakatan Rakyat should consider tabling a private members bill for the establishment of an adequately empowered judicial appointments commission. All possible avenues to create awareness and force accountability must be explored. The battle has not been won, it has just begun. ...more

Judicial reforms to be announced today

In a surprise move, the PM is expected to announce major judicial reforms at a dinner hosted by the Bar Council tonight (17 April 2008). These will include the setting up of a judicial commission for the selection and promotion of judges and the Federal Constitution will be amended to restore the independence of the judiciary. Financial compensation for the sacked judges will be worked out and the PM is also expected to make an apology or expression of regret to the judges who were sacked during the judicial crisis.

The former chief judge Tun Salleh Abas and his three other colleagues in the Supreme Court - Datuk George Seah, Tan Sri Azmi Kamaruddin and Tan Sri Wan Hamzah - are expected to be present when the announcement is made. The two other Supreme Court jurists - the late Tan Sri Wan Sulaiman and the late Tan Sri Eusoffe Abdoolcader - will be represented by their families. Bar Council sources say that opposition leader Wan Azizah Wan Ibrahim and Lim Kit Siang will also attend tonight's event.

Abdullah to unveil judicial reforms today By Leslie Lopez, South-east Asia Correspondent Straits Times - April 17, 2008 Judicial Commission to appoint judges Greater independence for the judiciary Financial compensation to sacked judges Expression of regret by PM Abdullah FIGHTING back stiff opposition from his own Cabinet and administration, Prime Minister Abdullah Ahmad Badawi is set to unveil major reforms to the country's much-maligned judiciary. The reforms will include the setting up of a Judicial Commission that will be responsible for the selection and the promotion of judges. It will also feature changes to the Federal Constitution that will restore greater independence to the judiciary, senior government officials and lawyers said. The reform agenda, which will be announced at a special dinner hosted jointly by the government and the country's Bar Council tonight, will also see Datuk Seri Abdullah make an expression of regret over the 1988 judicial saga that led to the sacking of the country's top judge. The government's effort to make amends to the jurists disgraced by the events in 1988 will also include some form of financial compensation, one senior government official involved in the judicial reform plan told The Straits Times on condition of anonymity. 'The amounts are being worked out,' he said without elaborating. Malaysia's once-robust judiciary was dealt a severe blow when it clashed with former premier Mahathir Mohamad in the late 1980s. That face-off led to the suspension of six Supreme Court judges and the subsequent removal of three of them, including the head of the judiciary at the time, Tun Salleh Abas. The sackings damaged the integrity of the judiciary, which came under fresh attack again 10 years later during the controversial corruption trials of former deputy premier Anwar Ibrahim. Shortly after taking office in November 2003, Datuk Seri Abdullah declared that he would push for reforms in the judiciary. But those efforts were often stymied by his own Cabinet colleagues, who served under Tun Dr Mahathir and were not keen on reforms that could embarrass the former premier, senior government officials and lawyers say. Even the Prime Minister's move to establish a Royal Commission late last year to investigate a damning video-recording that implicated a prominent lawyer allegedly attempting to broker the promotion of judges was privately criticised by senior members of his own ruling United Malays National Organisation Party. But last month's stunning election results, which saw the ruling Barisan Nasional lose its two-thirds majority and control of five states, changed everything, close aides of Datuk Seri Abdullah say. The Prime Minister signalled that judicial reform was his key priority when he appointed prominent lawyer Datuk Zaid Ibrahim to his new Cabinet to push his agenda. Lawyers and government officials credit Datuk Zaid for convincing the government to bring closure to the controversial events in 1988 and to establish a more transparent system of selecting and promoting judges. Under the current practice, the country's Chief Judge recommends candidates to the Prime Minister and in the case of senior judicial appointments, the Chief Judge's recommendation must by approved by the Conference of Rulers. But Datuk Zaid had to fight hard during Cabinet meetings, say senior government officials. There is also some unease among senior judges over Datuk Seri Abdullah's efforts. Still, lawyers say that tonight's event could boost his battered public standing. Sources say that the Prime Minister insisted that the six judges who were disgraced by the events in 1988 be present at the dinner where he will deliver a short address titled Delivering Justice, Renewing Trust. Government officials say that former chief judge Tun Salleh Abas, his three other colleagues in the Supreme Court at the time - Datuk George Seah, Tan Sri Azmi Kamaruddin and Tan Sri Wan Hamzah - have confirmed their attendance. The two other Supreme Court jurists - the late Tan Sri Wan Sulaiman and the late Tan Sri Eusoffe Abdoolcader - will be represented by their families, the government officials say. Bar Council sources say that opposition leader Datin Seri Wan Azizah Wan Ibrahim, who is Datuk Seri Anwar's wife, and Mr Lim Kit Siang of the Democratic Action Party, will also attend tonight's event. 'We hope this will bring closure to the 1988 judicial crisis,' said a senior government official involved in the judicial reform plan. But to some Malaysians it may not be enough. 'An apology or expression of regret would be sweeping everything that happened 20 years ago under the carpet,' said Datuk V. C. George, a former Court of Appeal jurist. 'We need an investigation into the events of 1988 and to expose the conspiracy and its conspirators.' ------------------- Mahathir versus the judges THE 1988 Malaysian constitutional crisis began with a divisive Umno election the year before and ended with the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat. The Supreme Court in the years leading up to 1988 had issued several rulings that irritated the government of then premier Mahathir Mohamad (left), who had narrowly won re-election as Umno president in the bitterly fought poll. Among other things, a judge had declared Umno 'an unlawful society' in a case brought by disgruntled losing party members. The last straw for Tun Dr Mahathir came when the Supreme Court ordered the release of prominent opposition leader Karpal Singh from detention under the Internal Security Act. The premier submitted several constitutional amendments to Parliament, divesting the courts of the 'judicial power of the Federation' and giving them only such powers as Parliament might grant them. He also lambasted the judiciary for their interference. Tun Salleh convened a meeting of all 20 judges from the Supreme and High Courts in Kuala Lumpur where they agreed not to publicly reply to Tun Dr Mahathir's criticisms. Instead, they wrote a confidential letter to the King and the Malay rulers, expressing their grievances. The Lord President was subsequently hauled before a tribunal convened by the premier on the grounds of misconduct. Five judges of the Supreme Court who granted him a temporary order against the tribunal were also suspended. The crisis ended with the sacking of Tun Salleh along with two of the five judges.

Anwar claims enough support to form govt

Anwar claims enough support to form govt
The Edge - 15 April 2008

KUALA LUMPUR: Pakatan Rakyat de facto leader Datuk Seri Anwar Ibrahim claimed last night that the coalition now had enough support from Sabah and Sarawak to command a slim majority in Parliament and to take over as the government of the day.

However, he said the coalition was not yet prepared to act on it, as it wanted to be in a stronger position, rather than just having a “slim majority” for the control of government to be “meaningful”.

“We are not in a hurry, but for the first time, we are saying we are ready to govern. My personal view is that we must have a stronger and comfortable majority to do that,” he said.

Speaking to reporters, Anwar said the three component parties of Pakatan Rakyat — PKR, DAP and PAS — needed to form a consensus on who would be prime minister on it forming the government.

Earlier in his speech to a gathering at the Sultan Sulaiman Club in Kampung Baru here, he said the coalition had enough support in Sabah and Sarawak to form the government.

...more

At Kelab Sultan Sulaiman

Videos of the press conference held after the police abruptly stopped Anwar from addressing the crowd of 20,000 at the Kelab Sultan Sulaiman.

Kampung Baru hails 'Ketuanan Rakyat' (Malaysiakini)

Anwar: We have the numbers (Malaysiakini)

Video of Anwar Rally - 14 April 2008

Anwar Returns - Part 1 (mediarakyat)

Links to Part 1-6:

• Part 1
  
• Part 2
  
• Part 3
  
• Part 4
  
• Part 5
  
• Part 6