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The Truth About An Assassination Of A Palestinian In Malaysia

Aidel Rahman Morshidi
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The Truth About An Assassination Of A Palestinian In Malaysia

On Saturday, 12 June 2021, marked four weeks since the 73rd anniversary of the Nakba Massacre, the beginning of the Palestinian Holodomor, so please let’s send our prayers to Palestine and Palestinian Refugees and help them with their Jihad (Islamic Struggle) against the Jews.

Now, let’s talk about the assassination of a Palestinian in Malaysia some three years ago. The two gunmen on a bike (their names are never revealed) who killed him were allegedly Mossad terrorists who had orchestrated everything. The assassination was carried out on 21 April 2018, weeks before Mahathir’s reinstatement as 7th Prime Minister of Malaysia and the victim’s name is Dr. Fadi Mohammad al-Batsh. This also happened during the run up to the 14th General Election of which the then Prime Minister, Datuk Sri Najib Tun Razak was facing all kinds of attacks from the opposition and the outside world.

You may be asking: “but Malaysia banned Israeli passports and never recognized Israel, so how can Mossad kill a Palestinian in our country?” It’s a rather complicated issue where even a lot of “truth seekers” couldn’t understand.

Firstly, however, let’s look at the history of relations between Israel and other countries and their passport policies, and see if it has anything to do with this assassination, shall we?

It’s been more than three years since al-Batsh was martyred and there is still no justice for him and his family. – 124news pic.

Passport And Visa Policies

At this point, let me remind you that Malaysia does not allow entry to Israeli passports nor Passports with Israel stamps in general. However, exceptional entry is possible under Malaysian law and in addition to a visa, a clearance permit should be obtained from the Ministry of Home Affairs prior to arrival in Malaysia. This ban is enforced to prevent Jewish terrorists and non-Jewish Zionists from infiltrating Malaysia as part of Muslim solidarity with the victims of Palestinian Holodomor. To foreigners, for more information about this ban, do visit your national embassy and see their response, they will give you much better and more accurate advice than your friend or the internet.

On the other hand, Malaysians can visit Jewish-occupied Jerusalem for religious reasons because Jerusalem is home to the holiest site in Christianity and Masjid Al-Aqsa, one of the holiest sites in Islam. Malaysia allows Malaysian Muslims to visit Jewish-occupied Jerusalem by entering through Jordan and not visit cities like Tel Aviv. Besides, the pilgrims can stay in Jewish-occupied Jerusalem for only two weeks. Malaysian Christians on the other hand, can also visit Jewish-occupied Jerusalem for religious purposes. In 2009, the government completely banned all visits to Jewish-occupied zones for two years because of the Palestinian Genocide before it was lifted in 2011, albeit with restrictions such as a quota of 700 pilgrims per year with not more than 40 pilgrims per church group. Pilgrims must be at least 18 years of age and not visiting Jewish-occupied zones more than once every three years with each stay a maximum 10 days. The first Malaysian travel agent visit to Jewish-occupied Palestinian zones was in 1995.

Israeli passport holders are allowed to visit three countries close to Malaysia without a visa, namely Singapore, the Philippines and Thailand, where citizens of these countries don’t need a visa to visit Malaysia. Other countries that don‘t need a visa to visit Malaysia where Israeli passports are legal are Russia, Canada, EU nations, Turkey, Jordan, Taiwan, South Korea, Japan, Kazakhstan, Mongolia, Serbia, Bosnia, Brazil, Argentina, Cambodia, Myanmar, India, China, UK, Australia, New Zealand, Sri Lanka, Vietnam, Papua New Guinea, USA and many more nations.

Speculations On This Infiltration Of Malaysia

You may be asking again: “but Aidel, what does this have to do with the assassination?” There could be a few speculations on how the assassins infiltrated Malaysia easily. The first speculation, alleged Mossad terrorists used fake Malaysian passports to pretend they “returned to Malaysia”. The second speculation, Mossad terrorists used fake Thai or Singaporean passports to blend in with other Thai or Singaporean passport holders visiting Malaysia. The third speculation, Mossad terrorists infiltrated Malaysia using the passports of a nation with some of the most ruthless Zionist government agencies in history.

That said, fake passports of a nation with other Zionist government agencies could be American, Russian, Indian, Chinese, Australian, New Zealander, Turkish or any EU Nation. The fourth and most correct ‘speculation’ is that the Mossad terrorists used forged Balkan passports and the passports could probably be Turkish, Greek, Albanian, Bulgarian, Bosnian, Croatian, Cypriot, Slovenian, Romanian, Kosovar, Serbian, Montenegrin or “North Macedonian”. Regardless of which speculations you believe, it doesn’t change the fact that al-Batsh was killed by two Mossad terrorists on a motorcycle who probably fled to Tel Aviv, Athens or other cities. The terrorist’s names are never revealed until this day.

“So, why was the Palestinian you are referencing allegedly killed by Mossad?” It’s because Mossad is still carrying out the Palestinian Holodomor, they want the Muslim world to become useless when it comes to this genocide, Palestinian militants are well known for justified attacks on Jewish terrorists pretending to be ‘civilians’, the Palestinian I referenced, al-Batsh was a miltiary scientist, engineer and drone expert and Mossad fears if he was spared, Malaysians will have more knowledge on how to make military drones, then try to make them and bomb Tel Aviv and the Jews. This assassination was one of the most shocking assassinations in Malaysian history because no one expected Mossad to assassinate their target in Malaysia, which in turn took everyone by surprise when it comes to the country. In any case, Mossad has always been paranoid about The Palestinian Diaspora since the beginning.

Then Inspector General of Royal Malaysian Police Mohamad, Fuzi Harun shows off two images of suspects of killing of a Palestinian professor, al-Batsh during a press conference in Kuala Lumpur, on Monday, April 23, 2018. (AP)

Conclusion

In conclusion, the Palestinian genocide is carried out in not just Palestine, but in the rest of the world, the United Nations aka USELESS NATIONS, Bashar Al Assad aka Bashqueer Al Mossad, the Organization of ‘Islamic’ Cooperation and the ‘Arab’ League are too useless to stop this, Palestinians are losing allies every day, Mossad is paranoid since the creation of the agency and they fear that if Hadi Muhammad al-Batsh wasn’t assassinated, Malaysians and Palestinians would’ve had a bigger advantage against the Jews.

Thank you for reading this. Here’s a poser for you: Do you think Mossad is capable of another assassination in Malaysia? And do you think that this assassination shocked you the most? Mind you, there were also other infiltration attempts by Mossad terrorists using forged passports including in New Zealand, United Kingdom, Australia, Ireland and Mexico.– New Malaysia Herald

Note: The opinion expressed in this article is that of the writer’s and do not necessarily reflect the stand of the New Malaysia Herald.

About the writer: Aidel Morshidi is a 19-year old with Aspergers and has a keen interest in world affairs. Being on the Autism Spectrum does not prevent him from trying his luck in the much-extended SPM exams although he had spent three years in special education.

Islamic ‘Rebel’ States Focus On Economy Under Mahathir’s Leadership

Joe Fernandez
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Islamic ‘Rebel’ States Focus On Economy Under Mahathir’s Leadership

Perlis, Kedah, Kelantan and Terengganu try their hand at managing their economies, the weakest point in the poverty-stricken states!

Commentary and Analysis . . . The newly-initiated SG4 — state government 4 — initiative on the economy appears radical departure from hitherto denying the rule of law, the basis of the Constitution, and demanding the Quran as the Constitution.

The Islamic “rebel” states have opted for economic issues under the advice of dictatorial former Prime Minister Tun Mahathir Mohammad. The RM, in fact, steadily headed south for 24 years under Mahathir controlling the Narrative. More on this later.

Having said that, Perlis, Kedah, Kelantan and Terengganu can probably try managing their economies, their weakest point in the poverty-stricken states, but preferably without Mahathir’s advice.

The emphasis so far in the radical Islamic states has been on Islam Islam Islam. True, it may not be about putting food on the table but the approach does bring in the radicalised votes in the four poverty-stricken states in the north of Malaya and the east coast.

The Islamic Opposition has no track record on managing the economy and upholding the rule of law, the basis of the Constitution. It would be an exercise in futility if they think that the richer and more developed states in Malaya, and the nationalists in the former British Borneo, would put them in power in Putrajaya.

The Islamic ‘rebel’ states have opted for advice on economic issues from dictatorial former Prime Minister Tun Mahathir Mohammad. – Pic from Harakah Daily

All politics, political science tells us, are about restructuring the distribution of political power and restructuring the distribution of revenue and resources.

Anwar Beyond Economy

Ironically, while the Federal government has any number of advisors and consultants virtually coming out of the ears, Prime Minister Datuk Seri Anwar Ibrahim has gone even beyond the Opposition on Islam Islam Islam.

He announced the Malaysia Madani initiative ala Mantra which was obviously put together at a leisurely pace during the decades in the Opposition.

Jakim, notorious for its controversial involvement in systemic corruption on the halal issue for decades, has also been given important role in economic policy making.

This may be about the welfare economy aspects — failed everywhere in the post World War II West, India after 1947, USSR and China — of Malaysia Madani based on Islamic civilisational values and the post-pandemic common prosperity propaganda in China which sees making money as a threat in the communist state.

Therein lies multibillionaire Jack Ma’s dilemma. He has been virtually reduced to rags from riches.

Other multibillionaires in China, having suffered the same fate, have fled to Singapore enroute to Mumbai in India and the West. New Delhi has offered the Andaman and Nicobar islands near Penang as the new Hong Kong. The new Hong Kong will have autonomy under Governor from India.

Anwar Silent on Islam

Anwar, before he was sacked from the Cabinet by dictatorial Prime Minister Datuk Sri Mahathir Mohamad (now Tun) in 1998, was all about the injection of Islamic values in the Administration, whatever it means.

Some announcements stand out. Anwar publicly swore that he would stop the temple bells chiming and and church bells pealing.

Anwar never mentioned Islam during the quarter century in the Opposition.

It’s likely that Muslim, torn between Anwar and the SG4, would still gather in the village mosques for ceramah on the glory days of Islam in the Middle East, north Africa, parts of Spain and Europe, and Persia, Afghanistan and Mughal India. The wannabe Arab phenomenon may yet survive the newly-found SG4 fascination with bread and butter issues.

Dead Duck

The SG4, in coming together, may be dead duck even before it hits water as the initiative, under Mahathir’s advice, looks towards Japan and South Korea for investment. These nations can only take the cue from the Anwar unity government in Putrajaya.

The elephant in the room between the SG4 and Putrajaya remains the Malay dilemma in politics and economics. The Malay Dilemma in 1969, captured by Mahathir in his controversial book “The Malay Dilemma”, was about Malay having political power but no economic power. In 1990, it was clear that the new Malay Dilemma was about the community having failed on getting at least some economic power. Instead, they suffered under a small group of multibillionaires squatting on them as Article 153 was observed in the breach.

Fastforward, the real Malay Dilemma as posed by DAP may be the Malay losing political power as well under multicultural framework, besides having failed on economic power. Mahathir spelled this future in the Malay Proclamation launched after Pejuang, in its entirety, lost election deposits in GE15 last November.

No Malay Failure

In a way, Malay may not have completely failed on gaining economic power. The government, knowing Malay vulnerabilities as individuals, entrepreneurs and captains of industry, institutionalised some aspects of economic power. The approach finds expression in half the market capitalisation in Bursa Saham Malaysia through GLC, GLIC, state owned firms and the Licence Raj imported from failed socialist India. True, except for probably cash cow Petronas mostly exploiting Sabah and Sarawak, the government controlled sector of the economy has been failing from the very beginning since 1970.

However, all isn’t completely lost if the government allows the brightest and best CEO, COO, CFO, and IT from around the world through international headhunters. The government should take the cue from US-based multinationals on the kind of talent, training and skills which will bring brilliant results.

The government sector of the economy, if free of politics and corruption, will help the ringgit Malaysia shed its undervalued status in the forex market. The government must also get away from the kind of narrative — read Mahathir years — which saw the RM steadily heading south since 1965 when the Malaysia Parliament granted Singapore independence.

Brass Tacks

It’s not known whether Anwar Ibrahim will lead the way on bringing back the government, the Cabinet System, and the AGC (Attorney General’s Chambers) to brass tacks. He must also end affirmative action programmes being observed in the breach. Otherwise, the gap between the few Malay haves and the majority Malay have nots will get wider and create uncertain national security risks.

Soul Searching

Elsewhere, Malay and non-Malay alike in Malaya need deep soul-searching on divisive issues which adulterate the politics on this side of the South China Sea.

Human beings come from one race i.e. homo sapiens. All human beings have the same DNA. DNA is the warehouse for genes i.e. the instruction manual for making the human being.

Language provides no proof of race. From language comes artificial social and cultural constructs like delusions, culture, customs, traditions, rituals, food, habitat and history.

Then, there are customary practices or Adat based on history and habitat.

There’s also the rule of law, the basis of the Constitution, long denied by the Islamists.

Independence

The Malaysia Parliament, taking the cue from the Singapore Separation Act 1965, may have no choice but grant independence for Sabah and Sarawak. The Federal government will never comply with the Malaysia Agreement 1963 (MA’63). Malaysia Day has emerged as Occupation Day as Putrajaya put in proxy government in the former British Borneo.

MA’63 was the basis for Equal Partnership of North Borneo, Sarawak and Malaya (Singapore merged) in Malaysia.

The Malaysia Project, conceived by British civil servants, existed at least 150 years before 1963. Malaysia could have remained microcosm of the British Empire. Alas, it won’t be the case.

Ironically, Malaysia Day isn’t celebrated in Malaya.

Every year, since 2010 based on former Prime Minister Datuk Sri Najib Tun Razak’s initiative, Malaysia Day was officially celebrated but only in either Sabah or Sarawak.

Before 2010, those who celebrated Malaysia Day were arrested by the police and detained. Jeffrey Kitingan, among others, can bear witness on these arrests. He was arrested in Tuaran before Najib announced that Malaysia Day would be public holiday. Jeffrey wasn’t allowed to present speech on Malaysia Day.

Collective Good

There’s case for at least some people in society stopping whatever they are doing — read looking for money — and work for the collective good. It’s about labour of love.

The collective good mesmerises those who choose simple living and curling up with a good book.

There’s case for creating pleasant conversational settings, about agreeing to disagree like civilised people, and keeping the Debate in the court of public opinion going back and forth until the Last Word comes in.

It’s about our common humanity. There’s no closure on issues in conflict between parties in dispute until we agree that it’s better settling out of court if there can be no finality in litigation. The court can only be about closure. — NMH

Unity’s New Runtime Fee Sparks Controversy and Questions About Trust

Taufiq Morshidi
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Unity’s New Runtime Fee Sparks Controversy and Questions About Trust

Unity, a popular game development platform, found itself in hot water this week after introducing a new Runtime Fee policy. This move has sent shockwaves through the game development community, raising concerns about transparency, trust, and the company’s commitment to its users.

 

The Runtime Fee, set to take effect on January 1, 2024, will require Unity developers to pay a fee every time their game is installed on a new device. While this may seem like a minor cost, the controversy arises from the lack of clarity in Unity’s communication and the broad definition of “install.”

 

The fee structure varies, with small developers (Unity Personal subscribers) paying $0.20 per install if their games earned $200,000 in the past year and have 200,000 lifetime installs. Large developers (Unity Enterprise clients) are charged $0.01 per install if their games earned $1 million in the past year and have one million or more lifetime sales.

 

The ambiguity lies in how Unity defines an “install.” Initially, it included the installation and initialization of a project on an end user’s device. This raised concerns about demos and trials counting as installs. Unity later clarified that demos, trials, game bundles, and giveaways wouldn’t be counted, but early access, betas, or demos leading to full games would. Streaming services like Game Pass were also confirmed to count as installs, though the fees would be charged to distributors.

 

Unity claims to use proprietary data models to track installs accurately but hasn’t disclosed specifics, raising questions about how they will determine fees accurately.

 

The introduction of this fee has sparked a backlash, with some developers pulling Unity and IronSource ads from their titles as a form of protest. Prominent game developers, including those behind games like Among Us, Going Under, and Slay the Spire, have expressed concerns and hinted at switching to other game engines if the changes proceed.

 

Trust is at the core of this controversy. Game development is a long-term commitment, and developers rely on the stability and support of their chosen engine. Unity’s sudden policy change without consultation or recourse has eroded trust. Developers fear that if they accept this change, Unity may impose further unfavorable alterations in the future.

 

Unity’s decision appears to be driven by financial concerns, as the company has never reported a profitable quarter in its history. While Unity emphasizes the need to grow market share, this move seems to prioritize profits over its users’ trust and stability.

 

Additionally, Unity’s approach to AI and the possibility of cutting headcount in the future adds to developers’ uncertainty. The lack of consultation and the unilateral nature of the decision reinforce concerns about Unity’s commitment to its users.

 

Ultimately, Unity’s new Runtime Fee policy may make sense from a business perspective, but it has raised significant questions about trust and transparency within the game development community. Unity will need to address these concerns and rebuild trust to maintain its position as a leading game development platform.

Malaysia One Country, Three Immigration Systems, 60 Years Later

Joe Fernandez
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Malaysia One Country, Three Immigration Systems, 60 Years Later

Immigration, being Federal, no state in Malaysia can have such power apart from what cannot be exercised by the Prime Minister and Home Minister in the former British Borneo!

Commentary and Analysis . . . When Queen Elizabeth II was still around, there were reports in the media that she never carries the passport, not even diplomatic, since it was issued in her name. It must be the same protocol with King Charles at the Immigration checkpoint.

It’s surprising that the Agong, and Raja Permaisuri, produced passports at the Sabah-Sarawak border on Saturday 9 September 2023 before entering Sarawak. It’s not known whether the passports, probably diplomatic, were stamped with visit pass after stamp for proof of valid entry.

Federal government servants in Sabah and Sarawak, diplomats, judges, police, armed forces personnel and dependents don’t need visit pass. They can show the departmental tag. The dependents can get authorisation slip from the Immigration Dept.

Happy Malaysia Day 16 September. God bless . . .

Malaysia Day remains Occupation Day because there has been non-compliance on the Malaysia Agreement 1963 (MA’63) since 16 Sept 1963.

Proxy government in the former British Borneo must end.

MA’63 is the basis for Equal Partnership of North Borneo, Sarawak and Malaya (S’pore merged) in Malaysia.

The Malaysia Parliament, taking the cue from the Singapore Separation Act 1965, must grant independence for Sabah and Sarawak.

Malaysia Day isn’t celebrated in Malaya.

Every year, since 2010 based on then Prime Minister Datuk Seri Najib Tun Razak’s initiative, Malaysia Day was officially celebrated in either Sabah or Sarawak.

Before 2010, those who celebrated Malaysia Day were arrested by the police and detained. Datuk Sri Jeffrey Kitingan was one of those arrested in Tuaran before Najib’s announcement that Malaysia Day, 16 September, would be public holiday.

Three Immigration Systems

The immediate issue that arises, and has come under renewed public scrutiny in the wake of the Agong and Raja Permaisuri at the checkpoint, may be something that’s often forgotten in Malaya. Malaysia may be one country but it has three immigration systems in place as in China, Hong Kong and Macao.

The two systems in Sabah and Sarawak ostensibly protect local jobs from being taken by people from Malaya. Ironically, the former British Borneo remains plagued by illegal immigrants. Also, both Sabah and Sarawak are short of labour, talent and skills. The two territories need training institutes. The universities in Sabah and Sarawak allegedly turn out unemployable graduates.

Again, Immigration being Federal, no state in Malaysia can have such power apart from what cannot be exercised by the Prime Minister and Home Minister in the former British Borneo. More on immigration and passports later.

Often, it’s also forgotten that the PTI (pendatang tanpa izin or illegal immigrants) phenomenon complicates immigration matters in Sabah and Sarawak.

Novel Solutions

So, the government may fall back on “novel solutions” as happened during the snap Sabah election on 26 September 2020 and before GE15 last November. There wasn’t even a peep out of two backdoor Prime Ministers, Tan Sri Muhyiddin Yassin — Mahiaddin in the birth certificate — and Tan Sri Ismail Sabri when Home Minister Datuk Sri Hamzah Zainudin publicly threatened the PTI.

The media reported that Hamzah swore that “no PTI will vote as long as I am Home Minister”.

He placed JPN (Jabatan Pendaftaran Negeri or National Registration Dept) officers at polling stations.

There are 240K PTI in Sarawak, according to official figures in media reports not so long ago.

In the 2010 National Census in Sabah, only 1.5m people of the 3.2m population were listed as locals. 700K people had work permits, 600K people had “dubious” documents and 400K people were undocumented. The breakdown of Sabah’s 3.9m population in the pandemic-delayed 2020 National Census wasn’t published.

Passport Or No Passport

We resume, passport or no passport, on the three immigration systems in Malaysia.

Generally, Other Malaysian — i.e. Malayan in Sabah and Sarawak or Sabahan in Sarawak — just produce the MyKad unless they hold work permit. The visit pass comes with the work permit. All Malaysian can just produce MyKad when entering the former British Borneo. It’s not known why Agong and Raja Permaisuri Agong didn’t just show the MyKad at the Sarawak border.

It may be politically impossible to have one immigration system in Malaysia. Still, there’s no reason for Agong and Raja Permaisuri to run the gauntlet.

The local Immigration system is the only right that the people of Sabah and Sarawak have.

Otherwise, all has been lost by the leaders virtually betraying them.

By law, Sarawakian have PR (permanent residence) in Sabah but not vice versa.

By law, Sarawakian need work permit in Sabah. That means using the passport for the work permit stamp.

Permanent resident in Malaysia — i.e. red MyKad — don’t need work permit in Malaya. The status of Malaysian red MyKad from Malaya, in Sabah and Sarawak, stands best described as foreigners. They need work permit in Malaysian Borneo. Work permit in Malaysia comes under Jobs Malaysia, an agency under the Human Resources Ministry, which works online. Immigration stamps the work permit in the passport.

Sabah and Sarawak issue their own PR but only for Malayan in both territories and Sabahan in Sarawak.

Generally, immigration in Sabah and Sarawak will ask other Malaysian for the passport. If they are not carrying it, or don’t have the document, the Immigration can’t do anything about the discovery. They just accept the MyKad. The visit pass, small slip on thermal paper that fades in perhaps two months, ironically remains valid for three months. Foreigners get the three months on the passport. Sarawakian in Sabah don’t need visit pass as they have PR, by law, in the territory.

Foreign nationals from certain nations, including Commonwealth, need visa in Malaysia for visit pass.

Sabahan in Sarawak need visit pass unless granted PR by individual application.

Null and Void

The requirement in Sabah that Sarawakian, although having PR in Sabah need work permit, may be null and void since Malaysian PR holders don’t need work permit in Malaya.

However, the law on work permit for Sarawakian in Sabah has not be tested.

In law, inferior law is null and void to the extent of its inconsistency with superior law. Refer to Article 4 in the Constitution.

In law, even an invalid law remains valid unless ruled otherwise by the Federal Court through the High Court. We don’t have Constitutional Court in Malaysia. The Federal Court can sit as the Constitutional Court.

We don’t have Constitutional Court in Malaysia as there may be no money in constitutional law. So, we probably don’t have any constitutional experts or even constitutional lawyers, worth their salt.

In Sabah, there’s case law by Judge Ian Chin on “strong Sabah connections” for admission to the High Court of Borneo (Sabah and Sarawak) in Sabah. The three criteria are Sabah address in the MyKad, registered as voter in Sabah, and owning residential property in Sabah.

It’s not clear whether Malayan in Sabah, in not seeking admission to the High Court, can claim “strong Sabah connections” and thereby do away with the need for local PR.

Resident

The Special Provisions for East Malaysia (Sabah and Sarawak not mentioned) in the Immigration Act 1959/1963 speaks of “resident of East Malaysia”. The law needs clarity by way of further and better particulars. In any case, East Malaysia remains antiquated term in Malaysia since East Pakistan became Bangladesh in 1971. Malaysia fears that East Malaysia risks being divisive term.

Again, contrary to public perceptions, immigration remains Federal power i.e. it’s in the Federal List in the Constitution. No state in Malaysia, including Sabah and Sarawak, can exercise immigration powers.

Having said that, the Prime Minister delegates certain immigration powers by administration to the Chief Minister of Sabah and the Premier of Sarawak. The Home Minister does the same with the State Secretary in Sabah and Sarawak.

Certain Powers

These certain immigration powers are those which cannot be exercised by the Prime Minister and Home Minister in Sabah and Sarawak.

These certain immigration powers are visit pass for Malayans entering Sabah and Sarawak, visit pass for Sabahan entering Sarawak, work permit for Malayan in Sabah and Sarawak, work permit for Sabahan in Sarawak and work permit for Sarawakian in Sabah, student visa for Malayan in Sabah and Sarawak, student visa for Sabahan in Sarawak, and dependency visa for Malayan in Sabah and Sarawak, dependency visa for Sabahan in Sarawak, and longterm spouse visa for Malaysians and foreigners alike.

Sabah and Sarawak cannot grant citizenship but can recommend them for foreigners since they have power over local PR and visit pass for other Malaysian.

If the Federal government grants citizenship to foreigners in Sabah and Sarawak, without the sanction of these territorial governments, issues may arise re local PR. If so, these newly granted citizenship holders need visit pass just as the case of Malayan in Sabah and Sarawak and Sabahan in Sarawak. — NMH

A Judge Does Not Need 10 Reasons To Recuse Himself, Just 1 – And It’s A Biggie!

Hasnah Rahman
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A Judge Does Not Need 10 Reasons To Recuse Himself, Just 1 – And It’s A Biggie!

Important to note that the impartiality and integrity of the judicial system are paramount to ensuring justice is served and one essential aspect of maintaining this integrity is a judge’s ability to recuse themselves from a case when circumstances warrant it.

Recusal, the act of a judge voluntarily stepping aside from a case, is crucial in preserving public trust in the legal system and we shall explore the various reasons why a judge should recuse himself or herself.

Before we do that, however, let’s look at the latest case in Malaysia where former Prime Minister, Datuk Seri Najib Tun Razak, filed an application on 14 August to recuse trial judge Datuk Collin Lawrence Sequerah from presiding over the 1Malaysia Development Bhd-Tanore (1MDB-Tanore) matter.

The High Court however dismissed the former premier’s bid to recuse Sequerah despite the latter having disclosed that he and former 1MDB general counsel Jasmine Loo had been partners in a law firm.

Loo, is believed to be a former associate of fugitive financier Low Taek Jho, or Jho Low, the alleged mastermind behind the 1MDB scandal. She was arrested and remanded by police in July for 1MDB-related investigations.

Jasmine Loo, is believed to be a former associate of fugitive financier Low Taek Jho, or Jho Low, the alleged mastermind behind the 1MDB scandal and she was also a partner in the law firm together with 1MDB judge Collin Lawrence Sequerah - NMH filepic
Jasmine Loo is believed to be a former associate of fugitive financier Low Taek Jho, or Jho Low, the alleged mastermind behind the 1MDB scandal, and she was also a partner in the law firm together with 1MDB judge Collin Lawrence Sequerah – NMH filepic

During lengthy submissions on 17 August, Shafee argued that there is a real danger of bias should Sequerah continue to hear the matter.

He added that even if Loo is not called to testify in the trial, she is still an important player who had a role in the matrix of the case.

The court, he argued, had to make a value judgement, particularly in relation to the documents that were prepared by Loo, which have been cited by other witnesses in this trial. Shafee questioned if such a determination could be made.

Presence of Personal Bias

Interestingly, among the various reasons that warrant a judge to recuse himself, one of the most common and compelling reasons is the presence of personal bias or a conflict of interest. If a judge has a close personal relationship with a party, their attorney, or has a financial interest in the outcome of the case, it can compromise their ability to make impartial decisions.

In asking for the court to dismiss the ex-PM’s application, the prosecution meanwhile contended that there is no nexus (connection) between the issues in this trial and the past employment history that Sequerah and Loo share.

During submissions on 17 Aug 17, deputy public prosecutor Kamal Bahrin Omar also argued that there was no real danger of bias, and that the defence lacked evidence to support this claim.

Kamal noted that the firm did not do any work for 1MDB. He also said that there was no personal friendship between the judge and Loo. Furthermore, he highlighted that there was also no prior link between the judge to 1MDB.

In delivering his decision on Najib’s application, Sequerah said he had not had any communications with former 1MDB general counsel Jasmine Loo — either personally or professionally — since she left Messrs Zain & Co in 2008.

He added that the legal test was that there was a real danger of bias, which Najib had failed to prove.

Burden of Proof

“The burden is on [Najib] to prove that there is a real danger of bias …. the material facts are based solely on the ground that I was a partner at the time she was a partner [of the firm]. Since [Loo’s] departure in 2008, there was no form of relationship. I don’t think the applicant has discharged the burden of proof that there is a real danger of bias [should I continue to preside over the trial],” the judge said on Friday (Aug 18).

He added that per former 1MDB chief executive officer Datuk Shahrol Azral Ibrahim Halmi’s testimony, Loo’s involvement in 1MDB commenced sometime in 2011, and this had nothing to do with the period of the past employment history that Sequerah and Loo share.

The judge said it was also not shown that he had a personal relationship or pecuniary (monetary) interest with Loo.

Sequerah also stressed that one of the most important components of the judges’ oath is to preserve and defend the Constitution, including the right to a fair trial.

“It is therefore the duty of a judge to ensure the right to a fair trial is preserved in the discharge of his or her duties irrespective of the personalities involved,” he said. 

Also Read:-

Depriving Najib Razak Of Fair Trial May Have Ramifications For Malaysia
Hysterical Opposition, Unthinking Media, Made The 1MDB Fiasco Happen

Case Laws

Sequerah also noted that the defence had submitted that he should have made the disclosure much earlier, when Loo’s involvement in the case became apparent.

To this, he said: “In respect of this, no amount of gazing into the crystal ball would have armed me with the knowledge that Jasmine Loo will be apprehended, it being disclosed during the trial that she was a fugitive from justice, much less be called as a witness in this case.

“It was only when Loo was arrested, and upon the insistence of the defence, that the prosecution disclose whether they will be calling her as a witness, to which incidentally, the prosecution has not [to date] provided an affirmative answer that I decided to make the disclosure. This to me was the earliest and most appropriate time to make such a disclosure.”

Citing case laws, he added that the fact that Loo and him were partners is not a subject hidden from the public eye and need not be disclosed. He also said that past associations including employment history are not sufficient to show a real danger of bias.

Other Reasons For A Judge To Recuse Himself:

  1. Previous Involvement

A judge should recuse themselves if they have previously presided over the same case, particularly if it has been remanded for a new trial or if there is a need for reconsideration. Continuity and consistency in the legal process are vital, and having a fresh perspective from a different judge can help ensure fairness.

  1. Familial Relationships

If a judge has familial relationships with any of the parties involved in a case, it can raise concerns about their impartiality. This includes close relatives, such as parents, siblings, children, or spouses, who may have a direct or indirect interest in the case’s outcome.

  1. Prejudicial Statements or Actions

A judge should recuse themselves if they have made prejudicial statements or taken actions that indicate a predisposition toward one party or a particular outcome. Public trust in the judiciary is eroded when judges appear biased or unprofessional.

  1. Personal Feelings or Prejudices

Even if a judge does not have a direct conflict of interest, they should consider recusal if they hold personal feelings or prejudices that could affect their impartiality. Judges are expected to set aside personal beliefs and emotions in favor of a fair and objective assessment of the facts and the law.

  1. Appearance of Impropriety

In addition to actual bias or conflict of interest, judges must also consider the appearance of impropriety. If circumstances create a perception that the judge may be biased or unfair, it can undermine public confidence in the legal system.

  1. Medical or Psychological Impairment

In cases where a judge’s mental or physical health is impaired to the extent that it affects their ability to make sound judgments, recusal is both ethical and practical. Ensuring that judges are mentally and physically fit is essential for upholding the integrity of the judicial process.

Partners In A Law Firm

Meanwhile, back to 1MDB-Tanore, Najib’s application filed last month came after Sequerah’s disclosure that he and Loo were once partners in law firm Messrs Zain & Co almost a decade ago.

Sequerah said they were partners in the law firm when he was still a practising lawyer 10 to 15 years ago.

The judge started in the firm as a legal assistant in the litigation department in 1996, and worked until 2000. He was then made a partner in 2001, and was in that position until June 2014. He subsequently joined the Judiciary, and was elevated to the Court of Appeal in January this year.

Loo joined the firm as a legal assistant in the corporate department in January 1998. She was made a partner in January 2004 in the said department, and subsequently left the firm in December 2008.

Sequerah’s comments in the court came after Loo’s arrest by the authorities last month. Loo, a central figure in the 1MDB scandal, fled Malaysia in 2018, and was a wanted person by the authorities.

The defence has filed for an appeal on the High Court ruling against the call for Sequerah’s recusal.

Impartiality

In conclusion, the principles of justice and fairness are at the core of any functioning legal system. Judges play a pivotal role in upholding these principles, and their impartiality is paramount.

It should be noted that recusal is not a sign of weakness but a demonstration of ethical responsibility.

When judges recuse themselves for valid reasons, it reinforces public trust in the judiciary and ensures that justice is not only done but seen to be done.

It is essential that judges exercise discretion and err on the side of caution when faced with circumstances that raise doubts about their ability to remain impartial.

Do you now think that Judge Collin Lawrence Sequerah should have recused himself from the 1MDB-Tanore trial? Do share your thoughts. — NMH

Media Should Not ‘Distort’ Court Ruling In Reporting

Joe Fernandez
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Media Should Not ‘Distort’ Court Ruling In Reporting

If media degenerates into sensationalism based on click baits on court cases, the public perceptions built up by the ‘false’ narrative may mislead the people!

Commentary and Analysis . . . Issues have arisen for Prime Minister Datuk Seri Anwar Ibrahim, the unity government, the Attorney General, Attorney General’s Chambers (AGC) and the court in the wake of media reports and comments in the social media on several recent cases in criminal court.

Why is there a trend in Malaysian Politicians evading corruption charges? (Zahid Part -1)

DNAA (discharge not amounting to acquittal) can only be safer than DNA (discharge and acquittal) for Umno President Datuk Seri Ahmad Zahid Hamidi and the unity government in the wake of the 200-page letter of representation. If High Court Judge Datuk Collin Lawrence Sequerah had substituted DNAA with DNA for the 47 corruption charges on the Yayasan Akalbudi case, Umno would probably throw out Zahid and quit the unity government. We stand corrected.

Clock Ticking

The clock has begun ticking with the DNAA for Zahid. He can apply to the High Court for DNA (discharge and acquittal) on the Yayasan Akalbudi case but not immediately.

What is the meaning of the phrases, Acquittal, ‘Discharge’, ‘DNAA’, and ‘DAA’? (Zahid Part-2)

In Sabah strongman Datuk Seri Jeffrey Kitingan’s case, for example, he was only granted DNA (discharge and acquittal) in the late 90s after four years, based on the disingenous grounds that “it would be unfair to have the charges hanging over the head of the accused”. If so, why take four years?

Mahathir claimed that Jeffrey, as Director of Sabah Foundation, stole RM4b.

The external audit of Sabah Foundation, commissioned by Mahathir, revealed that the RM4b was the discounted difference between spot market prices for timber and longterm contract prices.

PWH carried out the external audit of Sabah Foundation on the RM4b which Mahathir alleged had gone missing under Jeffrey Kitingan’s watch as Director before 1990.

Jeffrey, for those unfamiliar, was detained in 1990 under the draconian Internal Security Act (ISA) It provides for detention without trial. Jeffrey was detained for nearly four years, i.e. two two year terms, for speaking up and speaking out on the Federal government’s non-compliance on the Malaysia Agreement 1963 (MA’63).

Mahathir, it has been alleged, stripped Jeffrey of all his money in foreign accounts before releasing him from ISA detention in early 1994. US$500m has been mentioned.

Thomas Failed As AG

Also, the media glosses over the fact that the 1MDB Audit Report case should have never been brought to court by Attorney General (AG) Tan Sri Tommy Thomas. He isn’t criminal lawyer.

The social media, the alternative media, and the mainstream media may all have been misleadingly reporting that former Prime Minister Datuk Sri Najib Tun Razak and former 1MDB CEO Arul Kanda’s “acquittal in the High Court on the 1MDB Audit Report case was upheld by the court of appeal”.

Don’t blame the Judiciary and the Judges for what is happening in corruption cases (Zahid Part – 3)

Acquittal Not Issue

In fact, acquittal only arises if the merits of the case was heard. The High Court dismissed the case on the grounds that Prosecution did not point out any offence as there was no law on “tampering with the 1MDB Audit Report”.

Again, the issue in the 1MDB Audit Report case was alleged tampering and not how the sovereign wealth fund was run.

Even if there was no delay at the CoA as alleged, the Prosecutor would still not be able to point out the errors in facts and errors in law in the High Court ruling.

Attorney General (AG) Tan Sri Idrus Harun’s Appeal on the 1MDB Audit case, in retrospect, was dismissed by the Court of Appeal (CoA). It couldn’t be perfected in law for perfection in law. Legal competency wasn’t possible when no offence was committed. In short, the Appeal in the CoA, SOP (standard operating procedure) at the AGC (Attorney General’s Chambers) when cases in the inferior court go against the Prosecution, fell apart in the superior court.

The media must get the 1MDB Audit case and other cases right. Otherwise, the Prime Minister, the government, the AG, AGC and court will all look bad. The Yes Minister and Yes Mr Prime Minister sitcoms on British TV, for those unfamiliar, were not about corruption in government as implied by comments in the media. The sitcoms were about the bureaucracy, babudom in Hinglish, at work, and have nothing in common with cases in criminal court in Malaysia.

The 1MDB Audit Report case was also not about the AG allegedly goofing on the Appeal at the CoA. The AG did mention that Appeal was SOP (standard operating procedure), at the AGC, whether there was case or otherwise.

Editors

The media, it must be stressed, also edits content before uploading or publishing. It’s about the Editor’s prerogative and discretionary powers. AI (artificial intelligence) driven chatbots also helps the media stagemanage news allegedly under self-serving Hidden Agenda.

Discretion isn’t law. The court has no jurisdiction on discretion i.e. it’s not matter for judicial consideration and resolution. The court of law was only about law.

True, discretion does not exist if abuse of power can be proven. There’s case law on abuse of power by Raja Azlan Shah. The recent Asian Arbitration case, where the Federal Court found that Thomas abused power under Article 145, also refers.

IPIC — 1MDB case

Prosecution did not ask for postponement on the IPIC-1MDB case. There’s no basis for the June 2024 date.

Letter of representation, or no letter of representation, the court should have struck out the case when the 4th postponement was requested.

Has Malaysia settled the IPIC case with the Arab nation?

If so, Najib can apply direct to the court for vacating the June 2024 date.

The case is redundant. It no longer exists, having been rendered academic, i.e. no live issue.

The letter of representation no longer matters if Malaysia has settled the case with the Arab nation.

Guilt or Innocence

Often, cases in court are not immediately about guilt or innocence or whether the Claimant may be eligible for compensation or otherwise.

Strange but true that the case will be about whether the commas and full stops were inserted, whether the i was dotted and whether the t was crossed i.e. whether procedures were followed, there was due process and whether there was compliance with the rule of law, the basis of the Constitution.

Even so, the jurisdictional and constitutional issues were never visited in the RM42m SRC International case, for example.

It can’t be said that the Basic Features Doctrine (BFD), based on a series of case laws by the Supreme Court of India, does not exist in the Federal Constitution. The BFD isn’t written but implied in the Indian Constitution.

Immunity

Under the BFD, the Prime Minister and Parliament stand indemnified, has immunity, implicit Pardon for “acts in office”.

It can also be seen in the US where the outgoing President grants Pardons no matter whether an offence was committed or otherwise.

If conviction has been perfected in law for perfection in law on the RM42m SRC International case, Najib gets four years off from the 12 years for weekends, public holidays and good behaviour.

He must serve at least half the remaining eight years before seeking Pardon.

In any case, whether pardoned or otherwise, Najib can seek release after four years through the High Court. The recent Raja Ganja case refers. The court ordered him released because he had served half the remaining years.

It isn’t possible for anyone to know law. The court of law isn’t about truth but only about law.

Conviction must be perfected in law for perfection in law i.e. no holes here and there and there and here.

Federal Court Review Panel Head Judge Datuk Abdul Rahman Sebli ruled DNA for Najib on the grounds that there were too many transgressions against him.

He saw retrial as an exercise in futility.

Evidence Act

Under the Evidence Act 1950, it isn’t easy seeking conviction. Generally, the AG may fall back on circumventing the Evidence Act 1950 in seeking conviction. If shove comes after push, the AG’s alleged approach may be unconstitutional and tantamount to abuse of power by the AG under Article 145.

There’s greater emphasis on the spirit of the law in the rule of law, the basis of the Constitution, albeit read with the letter of the law. The letter of the law, by itself, isn’t law at all.

In Malaysia, unlike in England and India for example, the court tends to fall back on the letter of the law by itself, as law, and acts with impunity.

Rule Of Law

Chief Justice Richard Malanjun’s farewell speech on the court system and the legal fraternity could only have been about the rule of law missing in action in Malaysia. The court, it has been said, does not even mention the rule of law. Human rights advocates accuse the government of paying lip service on the rule of law but acting with impunity.

Lawyers in private practice, being mercenaries, were also engaged by Thomas probably in the belief that they could secure conviction allegedly by hook or by crook.

Ad Hoc Prosecutor Gopal Sri Ram appears case in point on the non-existent solar power project in Sarawak. There’s video in Youtube on press briefing. He speaks with straight face on “prosecutorial discretion” involving plea bargaining which, in fact, doesn’t exist in Malaysia under the adversarial system of justice. The inquisitorial system, the other approach on justice, exists in Malaysia but only at the Coroner’s Court.

Under our adversarial system of justice, cases can be settled out of court at the AGC. AG begins cases under Article 145, he can end it. Court has no say.

If representation fails on December 13, the next date in court, Rosmah Mansor has locus standi on proving abuse of power by the AG.

It’s mystery why the IRB Director-General did not approach the non-judiciary body Special Commissioners of Income Tax (SCIT) on taxes allegedly payable by Rosmah.

Najib’s and son’s income tax cases in the court of law also refer.

Humble Pie

Umno must eat humble pie for now and live to fight another day. Malay votes have splintered and may even be shifting until they settle down. DAP may want Umno as another Amanah. Umno can go for broke, win or lose, when Najib was freed.

Having said that, Malay votes will probably never again come under one platform as before GE14. Being under one platform only benefitted a small group. That’s how former dictatorial Prime Minister Tun Mahathir Mohamad and family as well became multibillionaires. This is the first in world history. — NMH

We are back baby!

Azizi Khan
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We are back baby!

“Getting knocked down in life is a given. Getting up and moving forward is a choice.”

When we went down late last year, I thought it was time to hang up the hat on New Malaysia Herald. You see New Malaysia Herald, or NMH as it’s fondly known came up as an idea to bring a newer style of news to the volume of noise in mainstream and alternate media. We wanted to bring to readers what was on their mind, rather than what the online media wanted to tell them. We wanted questions answered. We wanted to show that there there are diffent points of view.

Then late last year it came crashing down. We were hit with first a DDOS attack and a malware. Unlike many funded sites out there, NMH is a self funded site that mostly runs on a smell of an oily rag. So it was quite upsetting that I had to shut down the site.

Despite huge calls to bring the site back up, I took the time to look at how we can do better. So, NMH hibernated through Melborne autumn and winter through a restructing process.

NMH Logo Full

So what is new ?

New Malaysia Herald has undergone a massive rebranding and revamp. We have a new logo.

We were previously hosted with Siteground. We felt that while Siteground provides great service, it wasn’t suitable for an aspiring media startup that needs to scale. We have now moved to Hostinger, with a top tier plan. We now have a massive boost in bandwidth and the content delivery network that news sites needs to grow.

NMH will soon have it’s own Discord server. So, no thank you Facebook, you can’t block our posts anymore. The NMH Discord channel will be free to join where everyone is free do share and discuss our posts.

There are plans for video and podcast content. There will be job and advertisement sites. These are big plans. NMH is moving forward because it’s our choice to be a global news media startup. Serving Malaysians all across the world from Melbourne, Australia.

So come join us. Share your thoughts and views. We would love to hear them. If you would like to join our team, wherever you are, please contact us contact@newmalaysiaherald.com

We are excited to be back and we are excited to bring you better content from all around the world.

GE15: In The End, This Is What Really Matters

Romen Bose
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GE15: In The End, This Is What Really Matters

“At the end of the day, It’s not the promises made, fear mongering or the hurling of accusations that will make a difference in GE15,” says Romen Bose, but what matters most will be being able to deliver to the Rakyat.

I recall it was past one in the morning, on a cloudless Putrajaya night as the moon shone bright in the sky, reflected in the waters below the Putra Mosque and the Perdana Putra complex, which glowed in silhouette.

It was really a majestic sight and I was privileged to see the lovely view as I sat facing then PM Najib Razak, on the patio outside the Prime Minister’s private residence in the Sri Perdana complex, on the banks of the Putrajaya lake.

Looking thoroughly exhausted, Najib who was dressed in Baju Melayu and nursing a hot tea, wanted to meet me to discuss some ideas he had, despite a very long day of government meetings followed by religious functions and even more meetings at his home, which finally ended slightly after midnight.

Immediate Attention

I was supposed to meet him that morning but the meeting kept being pushed and pushed throughout the day because of other more pressing issues and matters that needed the PM’s immediate attention.

I thought the meeting had been cancelled and would be postponed to another day but at 10pm, when I was already getting ready for bed, Najib messaged me to ask me to come to his home so we could have a discussion. So, I quickly changed into work clothes and headed to Sri Perdana.

Sitting on the patio chair after having loosened my tie, I asked Najib why he was willing to meet me so late into the night, during his private time at home.

Gazing at the moonlit skyline, Najib said: “You know Romen, some say that this view from the residence is the best view in Putrajaya.”

Symbol of Power and Status

“It is like a prize for the political party or coalition that is in power, and so, many view being the occupant of Sri Perdana as the ultimate symbol of power and status.”

“But for me,” he said, taking a sip of his tea, “this view means something very different.”

“It only reminds me of what really matters. And the only thing that really matters is what we can do to help the people, how we can make their lives better, improve their livelihood, get jobs for their children, ensure a brighter future for all Malaysians.

“That is what I think of, every time I see this view, what I and the Government need to do, must continue to do, for the people, the ones who own this view and this amazing place, which I temporarily occupy,” he said.

Values

“These are the values that my father passed on to me and which I have pushed ever since I first became an MP.”

“And that is why I keep working like this, because it is my duty to do all I can for the people who put us here, who put BN here, they have entrusted us to do right by them and we will deliver, we have delivered.”

Looking around for his meeting schedule, he added: “You know all my meetings today were dealing with the Rakyat’s needs, from approving funding for welfare homes to studying plans on new urban redevelopment projects as well as providing aid to struggling fishermen and farmers in some rural areas. In fact, I just now finished a meeting on how we were going to increase allocations for flood mitigation projects in a northern state.”

“That’s why I wanted to meet even now, it doesn’t matter how tired I am, what matters is that we get things done. There is much to be done. The UTC, RTC, the Pan Borneo Highway, the MRT, these are things that the Rakyat wanted and they deserve and this is what we have delivered and will continue to deliver.”

We discussed ideas and plans for more than an hour and I didn’t get home till 3am.

Total Commitment

It has been more than seven years since that late night meeting but what stuck with me was Najib’s total commitment to delivering what the Rakyat wanted.

Over the last few weeks, I have been following the campaigning hustle and bustle following the declaration of GE15; the allegations, the threats, the name-calling and the sweeteners on offer in the various party or coalition Manifestos.

And as we get closer to polling day, there will be more promises, offers and deals that the various candidates and their parties will try to strike with voters as campaigning reaches a fever pitch.

While all this may appear highly entertaining, none of this really matters.

Deliverables

Because, as I was reminded all those years ago, what really matters are not empty promises but the individuals and their parties that will really deliver for the people.

Not the ones who promise the sky only to later say their promises were more a guide because they didn’t think they would actually win!

I believe Malaysians are savvy enough to know who the ones are who have delivered and who can and will continue to deliver on their promises, to bring back economic and political stability, put money in pockets and provide more jobs and opportunities for young people.

In the end, that’s what really matters. – NMH

Author of Final Reckoning Romen Bose has just about had it with the lack of natural justice when it comes to Najib's cases - Facebook pic

About the writer: Romen Bose is an international correspondent with over 22 years of reporting experience in the region. He worked as a Political Communications Consultant for former Malaysian Premier Najib Razak for six years and he recently published his book Final Reckoning, an insider’s account of the fall of the Barisan Nasional government in 2018.

The points expressed in this article is that of the writer’s and do not necessarily represent the stand of the New Malaysia Herald.

Judiciary Haunted By Spectre Of Corruption Fully Defined

Joe Fernandez
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Judiciary Haunted By Spectre Of Corruption Fully Defined

Something ‘rotten in the state of Denmark’ – read Judiciary – which stinks to high heaven!

The social media has gone viral on several major issues which have come together at the same time and raised searching questions on whether the corruption phenomenon plagues law as well in Malaysia, in particular the judiciary. Corruption, fully defined, can only be about making bad everything that one touches.

The jury may no longer be out on whether the adversarial system of justice has become “thoroughly” corrupt in more ways than one.

One “starry-eyed” young lawyer, for example, lamented in a whatsApp Group that developers, local authorities, banks, lawyers and the court including clerks appear to be in cahoots to cheat house buyers. Apparently, this virtually rotten state of affairs has been going on for ages, the public being no wiser. The lawyer claims the media, allegedly being on the take too, doesn’t want to touch the potentially political hot potato issue. So, the media exercises self-censorship, imposes censorship and denies the right of reply to even their own content.

This reminds us of Judge Hamid Sultan Abu Backer who alleged that civil servants, companies and the court were in cahoots to defraud the government on bogus contracts.

Judge Hamid also alleged that there has been interference in court rulings. Chief Justice Richard Malanjum was the subject of his wrath in an explosive 65-page Affidavit.

Deja Vu!

Rosmah, the wife of former Prime Minister Najib Abdul Razak, was convicted — based on not even inadmissible circumstantial evidence — on Thurs 1 Sept 2022 for a non-existent solar power project (ostensibly in Sarawak) allegedly masterminded by a former aide and a company.

Ad Hoc Prosecutor Gopal Sri Ram can be seen bragging about the conviction in a briefing, captured on video, before a surprisingly less than impressed media. It wasn’t a convincing performance on “prosecutorial discretion”. It smacks of obstruction of justice, a heinous crime in other jurisdictions. The Ad Hoc Prosecutor may be all about “winning by hook or by crook”. That’s being unscrupulous, if not about the incarnation of evil as well. This remains a case for the Istana on miscarriage of justice arising from Tainted Ruling based on “prosecutorial corruption” conceded before the media.

The “Stink” Continues

MACC’s probe papers on Judge Nazlan are still with Attorney General Idrus Harun. The Judicial Ethics Committee (JEC), even if push comes to shove, may probably not meet on Judge Nazlan, even over anyone’s dead body. That should raise questions in Parliament on why the JEC exists at all besides for “errant” judges like Hamid Sultan who was seen with undisguised venom as “an embarrassment for the judiciary and an inconvenience”.

If no action can be taken against Judge Nazlan, based ostensibly on the Doctrine of Separation of Powers, then questions should be raised in Parliament on why there’s allegedly no greater emphasis in Malaysia on the spirit of the law in the rule of law, the basis of the Constitution. Najib, who was prejudiced by inaction in law against Judge Nazlan, was dragged to court for “acts in office” and jailed without representation — except on paper — on Tues 23 Aug 2022. It has created a dangerous precedent under the Doctrine of Binding Precedent. It will haunt future heads of government, the Agong, Parliament and the people.

We also have English QC Jonathan Laidlaw‘s pending Appeal to be admitted as advocate and solicitor in the High Court of Malaya. He has been engaged, albeit on paper, as counsel for several Najib cases still in court.

The 15-Page badly written Federal Court Ruling on Najib’s RM42m SRC International case remains another case in point.

Ten Pages of Venom

Ten pages in the Ruling are on senior lawyer Hisyam Teh. He was literally prevented by a “hysterical” Federal Court from representing Najib on the final Appeal. A mere two pages are on the case while another three pages were for the signatures of the five-person Panel and related administrative matters.

It’s not the work of the court of law to enforce the lawyers’ Code of Ethics. We should not be preaching to the converted. The Bar Council, based on complaints, can act on the Code of Ethics. Code of Ethics isn’t law but like syariah based merely on mutual acceptance. It would be unconstitutional for a court to impose the Code of Ethics. The court of law is only about law.

Briefly, the court of law is also not about ethics, moral values, theology, sin, God, righteousness, civilisational values — read Sanatana Dharma, Buddhism, Confucianism, Islam — justice or truth.

In jurisprudence, God is also not a source in law. Law must have source to have jurisdiction, authority and power.

The court does not have jurisdiction on prerogative and discretionary powers unless abuse of power can be proven. Still, the Raja Azlan Shah case law on abuse of power, and the recent Asian Arbitration case against Attorney General Tommy Thomas, cannot be read in isolation where “acts of office” are concerned.

The court does not have jurisdiction on conventions, Agong’s discretion and Pardon i.e. these are not matters for judicial consideration and resolution.

Law, like Karma, does not exist unless we create it.

At the same time, if law exists in jurisprudence, it can only exist based on common sense, universal values and the principles of natural justice.

QC Laidlaw

The High Court Ruling against QC Jonathan Laidlaw may be a violation of the rule of law, the basis of the Constitution. The rule of law isn’t a legal term. It’s a political term.

The Constitution, like Adat and MA’63, isn’t law at all but being based on the ultimate political documents — setting forth the governing institutions of state — it has force of law and emerges as the supreme law of the land.

MA’63 is a political document on the Equal Partnership of Sabah, Sarawak and Malaya in Malaysia being observed in the breach by the Federal government since Malaysia Day on 16 Sept 1963 i.e. the day that British troops marched out in Borneo, the Malay Regiment marched in, and the British transfered the Administration of North Borneo and Sarawak to the Malayan central government.

Adat, based on customary practices, has force of law. Adat is the 1st law in international law. International law, based on international customary practices, is all about human rights.

A litigant or accused has the right to choose his or her own lawyer.

There’s no law which states that litigants and those accused in Malaysia must choose local lawyers to represent them in court or even lawyers at all. That should help overcome the objections of the Bar Council and/or force the body to look the other way to save themselves from further embarrassment and national humiliation.

Litigants can in fact Act in Person.

In criminal cases, an accused may be discouraged from Acting in Person. The court will appoint a pro bono (no fee) lawyer if an accused can’t afford the services of a legal representative.

If QC Laidlaw does not have special qualifications and experience not available among local lawyers, it should not be an issue in law. The court isn’t “paying” Laidlaw. So, it can’t imply that Najib must engage local lawyers.

National Language

Bahasa was an issue in the High Court when Laidlaw first applied to represent Najib and furthers the corruption in law. It may still remain THE issue in Appeal.

In fact, the High Court’s implied “delusions” on the matter, for want of a better term, can be challenged. It must be stressed that the High Court did not spell out its delusions on the bahasa issue. The High Court merely observed that the QC cannot speak the national language. If the Legal Profession Act 1976 in Malaya demands speaking skills in the national language, the matter can be challenged in court.

In the Borneo Territories, the Advocates Ordinance (Sabah) (Amendment) Act 2021 and the Sarawak Advocates Ordinance 1953 preside.

English is the language of law in the superior courts in Malaya and the court in Borneo. The Malaysia Agreement 1963 (MA’63) refers in the case of Sabah and Sarawak. It can be argued that Bahasa, whatever the variations, isn’t suitable for law. Law, ultimately, is the power of language. I stand corrected on Bahasa Indonesia.

Also, in law, Order 92 Rule 1 of the Rules of the High Court 2012 on the National Language Act 1963/67 on Article 152 (bahasa kebangsaan) may be redundant. The Constitutional Court can rule on the matter.

The Corruption Story Continues

Under the myopic MACC Act 2009, corruption remains confined as a little phenomenon. It’s only about simple giver and taker situations. Inflated government contracts for example, are not corruption under the MACC Act 2009, since both sides signed contracts. The MACC does not do due diligence on government contracts, probe the money trail, and bring money laundering charges.

Political donation remains a double-edged sword wielded by MACC. It may be considered political donation, even if there’s no proof that income tax was paid, or alternatively recipients may be dragged to court for allegedly “deriving personal benefits” from bribery and corruption arising from alleged abuse of power, conflict of interest and criminal breach of trust.

Former Sabah Chief Minister Musa Aman, for example, may be an interesting case study on bribery and corruption. He was slapped with 46 corruption charges not long after GE14 on Wed 9 May 2018. The charges were reportedly based on complaints that Jeffrey Kitingan, a former Sabah Foundation Director, lodged at the MACC many years ago.

The charges against Musa were dropped on Mon 8 June 202O. He was given DNA (discharged and acquitted) after he uttered “political donation”, the magical words in court. There’s no proof that the court and the Attorney General verified whether income tax was paid on the RM380m that Musa claimed as political donation. Bank Negara did not freeze, seize and forfeit the RM380m as proof of being party to illegalities i.e. money laundering activities. – NMH

About the writer: Longtime Borneo watcher Joe Fernandez keeps a keen eye on Malaysia as a legal scholar (jurist). He was formerly the Chief Editor of Sabah Times. He is not to be mistaken for a namesake previously with Daily Express. References to his blog articles can be found here.

The points expressed in this article are that of the writer and do not necessarily reflect the stand of the New Malaysia Herald.

Voting In Lembah Pantai. What Say The Bangsar Bubble Set?

Carole Raymond Abdullah
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Voting In Lembah Pantai. What Say The Bangsar Bubble Set?

I don’t really like to interview politicians – they are so guarded when being interviewed. I like to make my own observations and share my thoughts and opinions – whether you agree or not, that’s your choice. It is, after all, a democratic country and on Saturday, Malaysians will vote for their choice of government. As I will be doing in Lembah Pantai

When we first returned to Malaysia after the regime change to Pakatan Harapan in 2018, we were wondering which part of Kuala Lumpur/Petaling Jaya should we reside in. We finally decided that it should be near the husband’s office as that would save him some travelling time, and he can possibly walk there. So it was Bangsar in the Lembah Pantai Parliamentary Constituency that we decided upon.

Then a year ago, some friends asked me how does it feel to be a member of the Bangsar Bubble? Wait, what Bangsar Bubble, never knew there was one. So I Googled and hot damn, found out that the Bangsar Bubble set does not really mean that the person is living in Bangsar!

ThePatriotsAsia coined the term “Bangsar Bubble” to refer to urban Malay groups who to them, do not understand the views of the community as a whole. They go on to explain that the “Bangsar Bubble” comprise of educated, well to do people living in KL City who have it easy compared to the majority of other Malaysians.

So when it comes to issues such as human rights, judicial independence, media freedom, international statutes, and government-linked company reforms, they are the first to rise up and make some noise.

The thread then points out a poll on Twitter that showed support for PH through the roof, but when that same poll was replicated on Facebook, it’s the complete opposite and that it’s due to issues related to Malay identity.

Bangsar Bubble in Lembah Pantai?

So am I part of the Bangsar Bubble set? If based on geographical location, yes, but if based on my political leanings, not so much.

I don’t believe in that nose up in the air kind of attitude, because let’s face it, at the end of the day we are all Malaysians, two years being confined in our homes during the pandemic has proven that no matter how much money, cars and servants you have in your possession, COVID-19 has shown to the world who’s boss. It’s just that when you have these, you have other resources within your reach, compared to others who struggle just to feed their family, among everything else.

And that’s the same scenario in the Parliamentary constituency of Lembah Pantai. On one side we have the rich and famous – generically referred to as the have-haves, and on the other side we have those who fall under the the B40 category, some living below the poverty line and depending on their daily income and government support.

Do the twain meet? Of course. Lembah Pantai is a major constituency that covers Tasik Perdana, Travers, Jalan Maarof, Bukit Bangsar, Lucky Garden, University Malaya area, Pantai Baharu, Bukit Kerinchi, Kg Haji Abdullah Hukum, Kg Pantai Halt, Taman Bukit Angkasa, Pantai Hill Park, Pantai Dalam, Kg Pasir, Petaling Selatan and Taman Sri Sentosa Utara & Selatan.That’s huge.

Demographics

At the same time, Malays form the majority of the 100k voters there, making up about 60% of the voters in the area, while the Indians make up almost 20%, the Chinese 17%. So with that kind of racial composition, it is no wonder that all the while, the political parties have fielded a Malay candidate to service the area and win the votes.

In terms of age differentiation, the majority of voters are above 21 years of age, almost half of them fall within the 21-40 age group. So it’s a matured group of voters, who know what they like and want from their elected representative.

A few days ago I decided to quietly trail the new candidate for the constituency, former national footballer Ramlan Askolani from BN. Unlike Fahmi, who has held the Lembah Pantai seat since 2018 when he took over the seat from fellow PKR member Nurul Izzah Anwar, who held it for two terms, defeating Shahrizat Abdul Jalil and Raja Nong Chik Zainal Abidin from BN, Ramlan has to work extra hard to earn the trust of his voters.

Prior to PKR getting a hold of Lembah Pantai, BN had successfully defended the urban seat since 1984. Thus Ramlan has a tough nut to crack right there.

Harimau Malaya

Apparently cracked he did. While some may not know of him earlier before he was nominated on 05 Nov, many now refer to him as Ramlan Harimau Malaya (Harimau Malaya is the name of the Malaysian National Football team). Even in his first interview with the Star right after nomination, he spoke about how he wanted to rebuild the football fields that have been left abandoned.

This is definitely a good thing, of course, especially for youths who have more interest in online gaming resulting in a lack of exercise, and for the underprivileged community to have a decent field to enjoy their favourite sport.

On another note, Ramlan’s predecessor in BN, Raja Nong Chik has set the bar high when it comes to servicing the constituency. He is spoken of fondly by many in the Kerinchi flats area as even though he wasn’t their elected representative, he still worked to serve the people here without splitting hairs.

A flat resident meanwhile recalled how Raja Nong Chik, a former federal territories minister, came to distribute aid to every household during the total lockdown imposed in the area at the height of the COVID-19 pandemic. 

Yardstick

With that kind of yardstick, Ramlan seems to have fared well as he went on his campaign trail to win the hearts and minds of the people of his constituency.

Interestingly, the PPR and Kerinchi flat residents appear pleased with his effort to help them whenever they call for his help with issues as he was always responsive.

When I asked a couple about to have a meal at Bangsar Village whether they have heard of him, they said they have, although initially they were not sure about this candidate. And then their son showed them a video where he encouraged his team to campaign decently, to be careful of their thoughts and words and not to hurt the feelings of others.

“I was really quite touched at that because I was getting quite sick of the communal politics and words of hatred that have been going around whenever the political parties bicker,” said Mrs Maniam of Jalan Tualang.

“At my age, I want to see the elected representatives think of the community over politics. If they can’t work towards that, then the Parliament will be like a battleground and nothing can be achieved to improve the country’s economic situation,” this retired teacher added.

Clever People

For Benedict Lim, who runs a food an beverage business in the vicinity, he does not care who wins, but he hopes that whichever party that is running the government to have clever people to take care of the economy. For two years his business was so badly affected.

“But I saw the political parties were just fighting with each other. And the only person I could see that was making a lot of noise to ask the government to take care of the people who were suffering was former Prime Minister Najib Razak.

“And now he’s in jail – for 1MDB lah, corruption lah – I don’t know what else, but if he was so corrupted and a thief as what they said, how come the country was doing better then?

“Aiyah, sometimes we all must learn to separate politics from the real issues affecting us. I hope this BN person if he wins will be like Najib Razak and help the people. I don’t know him well, but I attended one of his ceramahs at the flats and he seems like a kind person. So I hope he will be a kind person to the people if he wins.

“Fahmi is okay lah, he is also a nice man, but his party seems to be in a bit of a mess, with Anwar and Rafizi fighting, and then DAP is also part of them but using PH logo, very confusing. I will vote for something I am sure of, not something that is still messy.”

So there you are folks, with barely 30 hours before we go out and decide the country’s future, isn’t it better to vote for something or a party that you can be sure of? Do the right thing and you can never go wrong. Go, Go, Lembah Pantai people. See you on Saturday morning. – NMH

About the writer: Carole Raymond Abdullah is a freelance writer who used to domicile in Hongkong for many years. She is now back in Malaysia, totally surprised at the turn of events in the country lately.

The points expressed in this article are that of the writer and do not necessarily reflect the stand of the New Malaysia Herald.

‘Whistleblower’ Behind AG Tommy Thomas Condo Raid At Risk

Joe Fernandez
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‘Whistleblower’ Behind AG Tommy Thomas Condo Raid At Risk

Condo raid for ‘smoking gun’ backfired, failed spectacularly in court on public perception game, but the damage has been done in ‘victimising’ Najib and Rosmah!

If we read senior lawyer Shafee Abdullah correctly in the video link before the media, former Prime Minister Najib Abdul Razak, and his wife Rosmah, were “victims” of a callous perception game created by whistleblower/s in getting the duo “out of the way”, by hook or by crook, probably for political expediency purposes.

The damage has been done in ‘victimising’ Najib and Rosmah.

Briefly, there are also allegedly missing items and cash from the condo raid. If true, these can be traced. Also, action can be taken against the source/s of the allegations in court against Najib and Rosmah.

It’s not clear whether the Inland Revenue Board (IRB) would go after Najib and Rosmah on the contents of the condo raid. MACC (Malaysian Anti Corruption Commission) and Bank Negara (central bank) have delegated prosecutorial power on civil action, under money laundering laws, on the condo raid.

Former Attorney General (AG) Tommy Thomas, in taking the condo raid to court, may have succeeded in bringing the monies and items seized under media scrutiny for “public perception” purposes at the risk of the whistleblower/s committing “criminal defamation”. In defamation, under Malaysia’s antiquated law, the truth may be no defence in court. In short, if push comes to shove, it’s unlikely that those who commit “criminal defamation” will win in court.

Civil Action

Thomas could have easily filed civil action, under money laundering laws, on the condo raid. The assets can be cited as proof of money laundering and been frozen, seized and forfeited by the state. A criminal suit would only be filed if the civil action is challenged.

Instead, the AG claimed in court that the contents in the condo raid came from money originating from 1MDB, the company probably set up for political donation purposes, but owned by the Malaysian Ministry of Finance. There’s no law in Malaysia on political donation, no law against it, and no law discouraging it. Under the Income Tax Act 1967, taxes are due on all income above RM4K per month and on a political donation of RM5K and above. The donors have to be named.

Money laundering has been defined in international law — applicable in national law being read as compliant — as having assets far in excess of what can be legitimately accumulated in a lifetime. In law, the assets are proof of money laundering and can be frozen, seized and forfeited by the state.

Generally, as shown by the Dept of Justice (DoJ) on 1MDB “offences” committed in the US, civil action cases on money laundering are invariably settled out of court. The “claimant”, i.e. the US government on behalf of the Malaysian government, gets 40 per cent of the proceeds — based on precedent — without prejudice on the part of the errant party. The DoJ levies fees on the 40 per cent before paying the balance to the Malaysian government. The errant party keeps 60 per cent of the “ill-gotten” gains. Income taxes due remain a separate matter and may be levied in the US or Malaysia subject to the Double Taxation Agreement. US law states that taxes must be paid in its jurisdiction even if paid in Malaysia.

The US government does not allow funds to be repatriated to a government allegedly responsible for the loss.

Smoking Gun

Thomas, based on senior lawyer Shafee’s media briefing, hoped that the condo raid would be the proverbial “smoking gun” on money allegedly originating from 1MDB.

Thomas could not have been that naive. He should have known, based on the fact that no proof could be produced in court, that the condo raid was an anti-climax in more ways than one.

That explains why the AG fell back on the RM42m SRC International case as “the easiest to prove” and, for backup purposes, other 1MDB-related cases were brought against Najib.

The public perception game continues.

If the non-existent solar project in Sarawak was pinned on Rosmah, as proof of “deriving personal benefits” based on bribery and corruption, it was probably because no other case could be brought against her as “Najib’s partner in crime”.

Life Sentence

It can be argued that the other cases against Najib, the law against retrospective application notwithstanding, shouldn’t add to the 12-year jail sentence against him. He has also been fined RM210m which must be paid before he’s released from jail, or in default, there would be further jail. Again, it’s not clear whether further jail would run concurrently with the 12-year jail sentence or consecutively. The maximum jail time in Malaysia, including for life, is ten years. The court can rule on how the 10 years is calculated.

We can remind ourselves, lest it be forgotten, that Najib need serve only eight years of the 12-year sentence. One-third of the sentence would be discounted for good behaviour, weekends and public holidays.

If he gets a delayed Pardon, he must serve at least half the eight years before being released.

It must be stressed that the numerous cases against Najib are unprecedented in Malaysia, Commonwealth jurisdictions and indeed the world. Having said that, punishment in jurisprudence cannot be disproportionate. Abuse of power, conflict of interest and criminal breach of trust, for example, cannot be punished over and over again in new and different ways and angles against the same person in court.

Punishment in law isn’t about the accused but an educational experience for the people. It’s not the done thing if the public are “over-educated” on punishment.

Parliament

In retrospect, since the jurisdictional and constitutional issues were not visited in Najib’s cases, Parliament should debate whether “acts in office” should be in court. If not, the Constitutional Court should declare the law on the matter. Parliament can make, pass and create laws. However, only the court can declare them by interpreting the intention of Parliament and the intention of the framers of the Constitution.

The Constitutional Court can declare that the Basic Features Doctrine (BFD), which if unwritten permeates the Constitution, covers “acts in office” i.e. the government stands indemnified, has immunity and implicit Pardon based on a line being drawn in law.

It must be stressed that the jurisdictional and constitutional issues in Najib cases were never placed before the court. The court can only look at what’s before it. – NMH

About the writer: Longtime Borneo watcher Joe Fernandez keeps a keen eye on Malaysia as a legal scholar (jurist). He was formerly the Chief Editor of Sabah Times. He is not to be mistaken for a namesake previously with Daily Express. References to his blog articles can be found here.

The points expressed in this article are that of the writer and do not necessarily reflect the stand of the New Malaysia Herald.

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