DAP, in a candid moment, exposed its own ‘secret’ plans and Hidden Agenda against UMNO by conceding in the media that it was looking for Malay prime ministerial candidate!
Commentary and Analysis . . . If UMNO President Datuk Seri Ahmad Zahid Hamidi had been granted DNA (discharge and acquittal) by High Court Judge Datuk Collin Lawrence Sequerah on the Yayasan Akalbudi case, when Attorney General (AG) Tan Sri Idrus Harun proposed DNAA (discharge not amounting to acquittal), he would have been weakened in UMNO.
In law, that scenario would have threatened the sham unity government since some say UMNO, except for Zahid, does not support Prime Minister Datuk Seri Anwar Ibrahim and DAP. There’s no love lost between Anwar and the BN parties like PBRS in Sabah and MIC and MCA. He has left them out of the Cabinet, government and Senate.
UMNO supports PAS (at least some of the leaders), and by extension Bersatu, in seeking extreme rightwing Malay government based on multiple mantra . . . Malaysia Tanah Melayu/Ketuanan Melayu ala anti-multiculturalism and Malay Proclamation.
Sabah and Sarawak will support whoever can form the Federal government in Putrajaya on the grounds, “siapa menang kami sokong” (We support whoever wins Putrajaya). More on this mantra later.
The matter of confidence in a lawmaker, as Prime Minister, can only be resolved by Agong and Parliament. Agong, once bitten twice shy, can close the Istana gates and point in the direction of Parliament.
The head of state decreed after GE15 in November last year that SD (statutory declaration) were no proof of support. Former backdoor Prime Minister Tan Sri Muhyiddin Yassin — Mahiaddin in the birth certificate — had turned up at the Istana with PAS President Tan Sri Abdul Hadi Awang in tow. They had 73 MPs between them but claimed simple majority — read 10 of 26 Umno MPs and Sabah and Sarawak — in Parliament. Outgoing Opposition parliamentary leader Anwar had 81 MPs and BN (Barisan Nasional) 30 MPs. (Read how Malaysia voted in GE15).
Parliament can elect the Prime Minister from at least three candidates including a woman and a candidate from Sabah or Sarawak.
If no candidate gets 51 per cent, there should be runoff between the top two candidates for Prime Minister-designate.
The bottomline: DAP can be prevented from seizing Putrajaya behind their own puppet Malay face. Anwar remains temporary puppet Malay face for DAP.
DAP Secretary General Anthony Loke did not seek explanation from AG Tommy Thomas when the corruption case against party veteran Lim Guan Eng was dropped in 2018.
Fastforward 2023, in a contradiction in terms, Loke wants explanation from AG Idrus Harun for recommending DNAA (discharge not amounting to acquittal) on 47 corruption charges involving the Yayasan Akalbudi, the Foundation that Umno President Ahmad Zahid Hamidi set up for carrying out charitable works. Zahid, based on the balance of probabilities civil test of burden of proof, merits benefit of the doubt.
The AG’s discretion under Article 145 does not exist if abuse of power can be proven. That can only be done in the DNAA case by person with locus standi i.e. Zahid himself. That would be contradiction in terms.
DAP has Hidden Agenda based on turning UMNO into another Amanah i.e. based on even more Chinese than Malay votes. Here, DAP may be taking the cue from BN where MIC and MCA, at one time, could only win in Malay seats and zero support from non-Malay voters.
The success of the Hidden Agenda hinges on all those in the UMNO court cluster counting the bars without a single exception.
Zahid being granted DNAA spells bad news for DAP. The party has “secret” plans for seizing the Federal government in Putrajaya under its own “Malay face” — again Anwar being temporary — as Prime Minister. In fact, the DAP in a candid moment, exposed its own “secret” plans and Hidden Agenda by conceding in the media that it was looking for Malay prime ministerial candidate.
The DAP government would no doubt have strong Chinese DPM I and Orang Asal as DPM II. DAP wants Sarawak as another Penang but under Orang Asal Chief Minister (now Premier).
No Orang Asal has headed the Sarawak government since 1966 when Stephen Kalong Ningkan was ousted by the Tunku Administration declaring Emergency. The people in Sarawak have lost sovereignty since 1966 as small group wields absolute power. Seventy per cent of the people in Sarawak are Christian and the Orang Asal form the majority.
Once DAP seizes control of the Federal government, Malaysia would be another Singapore where PAP has been in power, uninterrupted, since 1959. The people in Singapore have lost sovereignty as small group wields absolute power.
The Fate of UMNO
UMNO can avoid the fate that DAP has in store for it if those in the court cluster, including former Prime Minister Datuk Seri Najib Tun Razak, are freed from politically-motivated cases brought by AG Thomas at the behest of Mahathir.
Najib has 4.6m followers in facebook alone.
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.
In the case of Najib and Arul Kanda on the 1MDB Audit Report, the court said the Prosecution did not state the offence committed. There’s no law against what Najib and Arul Kanda did. The media also edits content before uploading.
In law, under Article 145, AG Apandi Ali made the right decision regarding Najib on Sept 11, 2015 as abuse of power can’t be proven.
Rosmah Mansor, Najib and son have income tax cases pending in the court of law. 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 them.
In the highly unlikely event that representation fails on December 13 in the income tax and money laundering case, Rosmah Mansor has locus standi on proving abuse of power by the AG. 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. The court has no say.
In the Asian Arbitration case for example, the former Director had locus standi, and proved abuse of power by the AG under Article 145.
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.
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.
The “siapa menang kami sokong” mindset in Sabah and Sarawak comes with a huge price. It works against the people viz. non-compliance on MA’63 and Borneo rights. That facilitates the Federal government’s internal colonisation policies in the former British Borneo.
Except between 1990 and 1994 under Chief Minister Joseph Pairin Kitingan in Sabah and Sarawak before 1966 under Chief Minister Stephen Kalong Ningkan, the former British Borneo has been run by proxy governments under local tyrants and control freaks who have licence on corruption.
The IGP, MACC, AG and Bank Negara have been virtually sleeping on corruption in Sabah and Sarawak since 1963. The ongoing Sabah Water Dept case in the Special Corruption case remains an exception. Pairin has been mentioned in court as among those allegedly involved in the corruption.
We have explained previously, in numerous stories, why the Federal government has been non-compliant on MA’63 and Borneo rights and how Sabah and Sarawak have been internally colonised. This has bearing on the “siapa menang kami sokong” mindset in Sabah and Sarawak and the Federal government in Putrajaya. — NMH
Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.