No News Is Bad News
(Updates at bottom of text)
Anwar Ibrahim and Dr Mahthir Mohamad during cordial times after GE14’s victory, toppling the then Barisan Nasional (BN)-led Government.
Will Dr M vs PM Anwar legal battle fizzle out?
KUALA LUMPUR, March 5, 2023: Malaysians wait with bated breath the legal suit filed by Dr Mahathir Mohamad (Dr M) against Malaysia’s 10th Prime Minister Anwar Ibrahim.
Much have been written why Dr M is filing such a suit against Anwar when it is clear that Dr M’s siblings are all clearly multit-millionaires, if not billionaires.
It is obvious that Dr M is now facing a prime minister who dares to criticise the performance of previous Governments and act against leaders deemed to have done wrong.
None of the previous prime ministers have criticised past leaders as Anwar has done thus far. He has also voiced out strongly against racial and religious bigots like no other leaders.
And Anwar is taking the suit by its horns by challenging it in court. Is Anwar calling Dr M’s gambit?
Dr M has been challenging and criticising all previous prime ministers and Malaysians - bringing down prime ministers and Government. But will Anwar face the same fate or will he go all out to tame Dr M and stop his racial and religious national-unity splitting ways?
No News Is Bad News reproduces two detailed opinion pieces published by newmediahit,com:
Home Opinion ‘Pre-Emptive Strike’ by PM Anwar Leaves Mahathir In ‘Great Panic’
Dictatorial former Prime Minister Mahathir Mohamad and Family, all confirmed multibillionaires, may ‘rush for exit’ as Prime Minister Anwar Ibrahim reveals true colours!
There’s a system in place in any country, Malaysia being no exception. Also, even “bad government”, it’s said, is better than “no government” at all. Eventually, it’s the system that catches up with alleged wrongdoers, when they come face to face with it. We can recall the fates of Marcos, Suharto, Mubarak, Saddam Hussein, Muammar Gaddafi, Joseph Tito and Omar al-Bashir and more from recent history.
The PTI (pendatang tanpa izin or illegal immigrants) in Sabah can share their experience with the oft-cited Bapa Projek IC Mahathir (Father of Project IC Mahathir) phenomenon. The 2012 Sabah RCI Report on Illegal Immigrants refers. Coincidentally, the Lahad Datu intrusion was in early 2013. Nine Sulu militants were hanged for “waging war against the Agong”. Then, came the Sulu heirs, who are being dealt with by the system and the Sabah Report on the air crash in 6 June 1976 where there has been no closure.
Mahathir silent when nine Sulu militants hanged for ‘waging war against Agong’. Sulu heirs being dealt by the system. – pic from Wikipedia
The long arm of the law will catch up with alleged wrongdoers including people like dictatorial former Prime Minister Mahathir Mohamad, 98, who has probably been literally asking for it on a daily basis, and hold them accountable. No one can escape Karma, the law of cause and effect. It’s the guilty conscience that kills. In Karma, those who block the “clear energy” will be moved out of the way. Miracles happen when the conscience is clear. It’s not superstition for those who have experienced it. Malaysia has stored up a lot of Karma since Merdeka (Independence) on 31 August 1957 and Malaysia Day on 16 September 1963.
Anwar And Mahathir
Mahathir and family, all confirmed multibillionaires who went from rags to riches in a decade, still don’t know what hit them. The past has caught up in the present and haunts the future, jail or exile, as they risk being back in rags again. In many countries, there are laws on “unexplained wealth”, separate from “secret profits”, money laundering and tax evasion.
Mahathir was “threatening” Prime Minister Anwar Ibrahim one minute with defamation suit for speaking the truth on “impossible wealth” held by him and the family. The Prime Minister has a duty to find closure on the “impossible wealth” held by so many people in the country. It’s a matter of public concern and public interest, the criteria used by the Attorney General (AG) under Article 145, in framing charges in court.
All hell broke loose the next minute after the Mahathir threat. We can recall, in keeping things in perspective, that Anwar has won many counter-claims and defamation suits. He won Sodomy 1 on Appeal, lost the corruption case in Sodomy 1, and Sodomy 2, and was given Pardon for both criminal cases.
Open Secret
It’s open secret, along the political grapevine, that Anwar has prepared massive counter-claim in facing Mahathir’s defamation suit, expected any day in the High Court if any lawyer takes the brief.
Unlike Mahathir’s “petty-minded” defamation suit against Umno President Ahmad Zahid Hamidi for being called “kutty (small/little) from Kerala”, Anwar may be in no mood for out of court settlement. If Mahathir has reputation for being recalcitrant, Anwar may be double recalcitrant. If two can play the game, time isn’t on Mahathir’s side.
The Prime Minister feels the people expect full Trial on the “case of the century”, even though it’s not the done thing, kicking a man when he’s down, even if he’s asking for it. The people however, in making an exception, patently want Mahathir and Family buried once and for all and their “evil influence” exorcised from the body politic. The “burial” may take the form of stiff jail sentences, besides hefty fines, or exile in a land as far away as possible from Malaysia, “and allowing no return even in coffin”.
The High Court will first hear the counter-claim. If accepted, Mahathir’s claim will be struck out. Mahathir risks being cited for contempt if he doesn’t settle the counter-claim within a reasonable period of time. The counter-claim cannot be set aside.
The publicly known details on the counter-claim remain sketchy as Anwar, in playing the cards close to the chest, allows no peeking.
Main Belakang
Still, it’s reckoned that the damage caused by the allegedly “trumped up” Sodomy 1 and Sodomy II criminal cases, and several stints in jail, bashing, and Trial by Media allegedly masterminded by Mahathir amidst repeated defamatory statements — the “main belakang” (sodomy) soap opera episodes — which probably influenced the court, and alleged manipulation of the court, will all probably feature prominently in the counter claim.
Civil action, and if challenged criminal suits, remain fallback options for Anwar Ibrahim.
In law, the “impossible wealth” of Mahathir and Family will cease existence the moment civil action is filed in the High Court. The money laundering assets will be frozen, seized and forfeited as state revenue. The court will leave Mahathir and Family with a house, car, and some money.
International law — national law being read as compliant — defines money laundering as having assets far in excess of what can be legitimately accumulated over a lifetime. The proof, in law, lies in the assets themselves. In the Mahathir and Family case, there are also elements of “wealth hoarding”, monopolistic practices, probably economic sabotage and subverting Article 153, the New Economic Policy (NEP) and the quota system. More on this later.
Also, in law separate from money laundering assets, “secret profits” are owned by the principal, i.e. the government in this case.
Criminal Charges
The Anwar government can only bring criminal charges if civil action on money laundering assets is challenged. Mahathir, noted for being recalcitrant, wouldn’t take civil action lying down. He will mount stiff challenge against freezing, seizing and forfeiting money laundering assets. Unlike civil action which takes just minutes in the High Court, the criminal case/s will last for months, even years. The Marcos case in the Philippines for example, is still in court, more than 33 years later. His son, Bong Bong, 65, became Philippines President on June 30 last year.
Mahathir’s defamation suit may explain “impossible wealth” by the special position for Malay, Orang Asal and Orang Asli, by way of a reasonable proportion under Article 153, 30 per cent corporate wealth and reasonable proportion under the quota system. The ratio decidendi for the court, and jugular vein for Prosecution, remains the fact that all these were allegedly observed in the breach i.e. in violating the intention of the framers of the Constitution and intention of Parliament.
There were AP (Applied Permits), monopolies, concessions, quotas, licences and permits from the Licence Raj in socialist India. The Licence Raj has been dismantled in India but continues in Malaysia through SEDC, GLC, GLIC and government owned firms. The government sector makes up half the market capitalisation in Bursa Saham Malaysia. It not only accounts for the lack lustre performance but the market not being attractive enough for overseas institutional investors.
Hansard
We know from disclosures in Parliament that government contracts eventually were given out at double, triple, and even for ten times what it should cost the tax payer, there were no checks and balances, no due diligence and no forensic accounting on the money trail. The Hansard, record of parliamentary proceedings, has the proof among others on the 1km rail link between KLIA and KLIA2 costing RM100m, nasi lemak being served aboard Malaysian Airlines at RM150 per person, Malaysian Airlines having 20K suppliers while other airlines had 2K suppliers, and the Army buying Maggi mee at RM4.50 a packet when it was being sold at the corner store at 0.45 sen a packet.
Then, we have the Petronas contracts being allegedly dished out to a very small group.
Pink share forms refer to 30 per cent block in publicly listed companies under the NEP. On paper, these were meant for ordinary Malay, Orang Asal and Orang Asli, Amanah Saham Bumiputera, and institutional investors. The shareholdings of Mahathir’s children, in the billions, are in publicly-listed companies. It’s a matter of public record.
The numerous bank mergers, presided over by Daim Zainuddin, saw millions in loans allegedly taken by the ruling elite written off.
Mahathir, according to the media, was involved in the RM30b forex scandal at Bank Negara. No one knows what happened to the money.
There were various other financial scandals during the Mahathir Administration from 1981 to 2003. These include the London Tin Market, Maminco and BMF.
Najib on Guru
In reality, it can be proven in court that Article 153, NEP and quota system were all observed in the breach under the dictatorial Mahathir premiership from 1981 to 2003 and 2018 to 2020. Former Prime Minister Najib Abdul Razak said after GE14, on Wednesday 9 May 2018, that “Mahathir was the Guru. We all learnt from him”.
It would be poetic justice if Mahathir lands in court, for civil action and criminal court, after he allegedly manipulated Trial by Media even before GE14 and smeared Najib’s name. Mahathir came up with three Mantra which he recited daily . . . “Najib curi duit”, “Najib curi duit kerajaan”, “Najib curi duit rakyat” (Najib stole money, Najib stole government money, Najib stole the people’s money). The Mahathir-appointed judges jailed Najib, unrepresented, on Tuesday 23 August last year. The Bench did not want to risk labelling Mahathir “Great Liar”. Therein lies miscarriage of justice, among others.
We can recall that Anwar raised concerns on “Mahathir’s Way” before he was sacked in 1998 as Deputy Prime Minister, Finance Minister and Umno Deputy President.
He swore before the media assembled, international and local, that he would see Mahathir and Daim Zainuddin in court on their “impossible wealth”. It was self-fulfilling prophecy. — newmediahit
About the writer: Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the South China 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.
Editor’s Note: The views expressed in this article are that of the writer and do not necessarily reflect the views of the management of newmediahit.com.
Home Opinion Mahathir And His ‘No Sense Of Shame’ Exposed By Anwar Ibrahim
‘Visitation from Hell’, ‘holier than thou’, Mahathir and family of multibillionaires based on public records — no fig leaf — first in world history, should be in Guinness Book of Records
Three Mantra explain the 24 years — 1981 to 2003 and 2018 to 2020 — during which Mahathir Mohamad from Kerala in southwest India was dictatorial prime minister — “Mahathir curi duit”, “Mahathir curi duit kerajaan” and “Mahathir curi duit rakyat” (Mahathir stole money, Mahathir stole government money, Mahathir stole the people’s money).
Mahathir evaded the two great principles which underwrite the Cabinet System viz. consensus (no voice against) and collective responsibility (all or one, one for all).
Deja vu!
Mahathir would no doubt seek refuge under the Malaysian Anti-Corruption Commission (MACC) Act 2009, as applied, that government contracts were not corruption since “both sides sign contracts”.
That doesn’t excuse dictatorial premiership doing away with checks and balances in government, avoiding due diligence, and forensic accounting — on the money trail — on being party to illegalities viz. money laundering activities.
Mahathir, falling back on “loyar burokism” or coffee shop law from the School of Kangkungology in Law, would probably claim disingenously — like Taib Mahmud ‘the Sultan of Sarawak’ — that all his children are “smart” and that he wasn’t behind their multibillions.
Even if that was true, the definition of money laundering in international law can be used against Mahathir by the Anwar government.
Money laundering stands defined, and applicable in national law being read as compliant, on having assets far in excess of what can be accumulated legitimately over a lifetime.
Attorney General
Such assets can be frozen by civil action, seized and forfeited by the state as revenue. Attorney General (AG) Idrus Harun would probably allow Mahathir to keep a modest house, a car and some money.
If rejected, Mahathir can try singing for supper as a stand-up comedian back in Kerala or the kampung in Kedah.
Also, in law, “secret profits” belong to the principal i.e. the state in this case. Secret profits may, or may not, be about money laundering assets.
Criminal suits would only be filed if the civil action was challenged.
It’s a matter of strategy, under the catchall phrase “national security”, that the Anwar government takes away Mahathir’s money especially since he’s glutton for punishment. If Mahathir wants to play “hardcore”, based on nothing but being “sour grapes”, two can play the game.
It was Mahathir, staying in glass house, that came up with the three Mantras on former Prime Minister Najib Razak — “Najib curi duit”, “Najib curi duit kerajaan” and “Najib curi duit rakyat”.
Najib publicly declared, after GE14 on 9 May 2018, that “Mahathir was the Guru (on accumulating capital by hook or by crook including by plundering the public treasury through inflated government contracts), we all learnt from him”.
If Mahathir sues Anwar Ibrahim for defamation, the prime minister can counter-claim based on publicly known facts alone. The High Court will first look at Anwar’s counter-claim.
If accepted, Mahathir’s defamation suit will be dismissed by the very judges appointed by him in contravention of the Judicial Appointments Commission (JEC) in cahoots with Tommy Thomas as AG.
Social Media
Mahathir, given the advent of social media, can no longer manipulate the mainstream media and determine and dictate the agenda.
If Mahathir stories — even sheer nonsense based on a mixture of fiction, fantasy and outright falsehoods — still get carried, it’s because he allegedly “buys space” with the multibillions at his disposal.
Mahathir stories, being “half-truths”, are not “newsworthy”. He has convenient bouts of amnesia, driven by taqiyya (deliberately lying) and kitman (lying by omission), in advancing “the greater cause of Mahathirism”.
Mahathir claims that Malays are “finished” because the majority of Anwar’s lawmakers are non-Malays.
There’s no race, religion and political parties in Parliament, only lawmakers elected by all. Lawmakers stand pledged, serving all constituents including those who didn’t vote for them. The people have the same hopes, dreams and aspirations.
Anwar’s Cabinet was majority Malay, and the civil service and gov’t sector 90 per cent Malays.
Mahathir belabours in the delusion, driven by demons i.e. signs of mental illness caused by imbalances in brain chemistry as a result of unmitigated stress, that the grim reaper won’t come for him as long as he remains relevant as “fighting cock”.
Here, we can recall that Mahathir pontificated sanctimoniously several times on Malays not committing hara-kiri since they have “no sense of shame”, unlike in Japan where a daughter stays.
Mahathir’s Heritage Denied
Mahathir, unlike British Prime Minister Rishi Sunak, US Vice President Kamala Harris and Prime Minister Anwar Ibrahim, shamelessly claims — Google the issue — that he has “only spoonfuls of blood (Indian), “otherwise I am Malay”.
In science, there’s no Malay blood. DNA, the warehouse for genes, can’t tell race. It can’t tell how a person would look. It can only tell where a person’s genes came from. The genes may not be reflected in a person’s looks.
Mahathir was Malay by “form of identity” under the Definition in Article 160(2), but Malayalam-speaking Indian Muslim by “ethnicity” and history, culture, customs and traditions. He did concede the fact — being Indian — on government forms for the Medical Faculty at Singapore University.
No doubt, it was acceptable in those poverty-stricken days in the kampung, that Indian Muslims would deny being Malay. Only Muslims before Merdeka, 31 Aug 1957, and their descendants are Malay under Article 160(2).
There’s case law on Malay not being blood, race, ethnicity, genes, DNA — Petmal Oil (Malaysia) Sdn Bhd v. Che Mariah Mohd Tahir (Trading As Delta Mec Enterprise) [1994] 3 CLJ 638.
Mahathir has also filed defamation suit against Umno President Ahmad Zahid Hamidi for calling him “kutty” (Malayalam for little or small — boy or girl). Kutty remains a common name in Kerala.
My sisters, for example, have kutty in their house names viz. Kochu (small) Kutty and Baby Kutty. These were glamorised by siblings as Cutis and Batis. Kochu, another sibling, has been renamed Koch. Kungnu (also small) has become Kungh. He calls the daughter Kutty. I was Baby Chen (adorable) in the early years until the name was dropped.
Cases Dropped
Zahid has also hit back with defamation suit for Mahathir claiming that he (Zahid) wanted criminal case/s against him dropped.
Mahathir, at 98 years old, was too old to be in jail. In fact, he may even be too old for anything, except sitting in a rocking chair.
Mahathir and his multibillionaire children can be locked up unless they surrender money laundering assets. – MH graphics
However, Mahathir’s multibillionaire children, beneficiaries of dictatorial premiership, can be locked up unless they surrender money laundering assets. Alternatively, they can be sent into exile with the Father, never returning even in a coffin, having allegedly committed heinous crimes against the nation.
If Mahathir heads for Kobe, Japan, where a daughter stays, he has one option. He can commit hara-kiri and end up on the other side. — mediahit
About the writer: Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the South China 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.
Editor’s Note: The views expressed in this article are that of the writer and do not necessarily reflect the views of the management of newmediahit.com.
Dr M files RM150mil defamation suit against Anwar over wealth claim
Friday, 05 May 2023
12:22 PM MYT
KUALA LUMPUR: Former prime minister Tun Dr Mahathir Mohamad has filed a RM150mil defamation suit against Prime Minister Datuk Seri Anwar Ibrahim over the latter's speech at an event in March.
The lawsuit was filed through Messrs Law Practice of Rafique at the Shah Alam High Court registry on Wednesday (May 3).
According to the statement of claim, Anwar allegedly made a slanderous speech at a programme called "Kongres Nasional Khas Malaysia Madani: Pelaksanaan Sebuah Idealisme" at Stadium Melawati, Shah Alam on March 18.
It said the event was broadcast on Facebook live via the account "Anwar Ibrahim" and PKR's YouTube channel.
Dr Mahathir claimed that Anwar had alluded to him in the speech when referring to "a person in power for 22 years and 22 months".
The plaintiff sought for the court to take judicial notice that he had been the fourth prime minister between 1981 and 2003 (22 years) and the seventh prime minister between May 2018 and February 2020 (22 months).
He claimed that the defendant's defamatory statements had caused negative perception against him, marred his image as a statesman and a two-time prime minister, as well as his reputation as a politician and a respected leader in Malaysia and internationally. - The Star
Dr M's defamation suit: Anwar leaves it to lawyers to handle
· Friday, 05 May 2023
· 3:55 PM MYT
BANTING: Prime Minister Datuk Seri Anwar Ibrahim is leaving it to his lawyers to handle the RM150mil defamation suit filed against him by former prime minister Tun Dr Mahathir Mohamad.
"Let the lawyers handle it,” he said briefly in response to the news report on the defamation suit.
It was reported that Dr Mahathir had filed the defamation suit against Anwar over the speech the latter made at an event dubbed "Kongres Nasional Khas Malaysia Madani: ‘Pelaksanaan Sebuah Idealisme” in Shah Alam in March.
Dr Mahathir filed the suit through Messrs Law Practice of Rafique at the Shah Alam High Court on May 3 and named Anwar as the sole defendant.
Anwar was met after having lunch with the locals at the Selera Tujuh food court here on Friday (May 5).
Also present were Selangor Rural Development, Traditional Village, Malay Customs, Arts and Culture Committee chairman Borhan Aman Shah.
The Prime Minister then proceeded to join the congregants at the Masjid Jamek As-solihin in Kampung Kanchong Darat for Friday prayers. - Bernama
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