Answering Chedet's latest blog post "Government Secrets" today.
1. The A.G. would like the punishment for people who leak Government secrets to be caned and jailed for life.
2. It tells of a very primitive mind and is unIslamic. The Quran repeatedly enjoins upon Muslims to judge with justice. The punishment should fit the crime. It should not be excessive. Even for your foes you have to judge with justice, if you are guided by the teachings of the Quran.
3. But I am not going to complain about his primitive mind. I am questioning whether Najib with 2.6 Billion Ringgit in his personal and private accounts is doing his work as Prime Minister. Is it in his terms of reference to acquire secret funds and keep it in his personal accounts. No Prime Minister of Malaysia has ever done this.
Firstly Tun Mahatir, I think you had best answer Wan Azizah's allegations today that you had unjustly put Anwar Ibrahim in jail. If Wan Azizah is right then you have committed a most unjust, unIslamic and barbaric act.
Chances are that Mahathir will keep quiet about this. These are serious allegations that he framed Anwar that will forever destroy Mahathir's legacy.
But because Mahathir needs to beg Pakatan for help now, I believe he won't comment.
Like I had said before, when you negotiate from a point of weakness due to inability to control your emotions and hatred due to the sacking of your son, then other people (like PKR) will take advantage of you to use you and put words into your mouth.
At this time, you can do nothing!
3. But I am not going to complain about his primitive mind. I am questioning whether Najib with 2.6 Billion Ringgit in his personal and private accounts is doing his work as Prime Minister. Is it in his terms of reference to acquire secret funds and keep it in his personal accounts. No Prime Minister of Malaysia has ever done this.
The AG's statement on OSA was not specifically referring to the investigation papers or Najib's bank accounts but on various leaks recently including the BNM letter to Tabung Haji and other documents relating to Tabung Haji's investment panel recently.
It is thus very naughty of Mahathir to try and link the OSA with Najib's investigation or his bank accounts. There was no indication that the AG had specifically classified the investigation papers on Najib as OSA - it could have been a blanket order pertaining to all investigation papers.
As for the OSA punishments, it depends on what government secrets it is. What if you leak military secrets to a rival or warring country. Cannot be that the person gets 6 months in jail only or escapes with a fine?
What if the transaction is between two heads of states, which thus classify it as international relations?
This is what the MALAYSIAN OFFICIAL SECRET ACT 1972 (OSA) says are considered OSA documents:
It is thus very naughty of Mahathir to try and link the OSA with Najib's investigation or his bank accounts. There was no indication that the AG had specifically classified the investigation papers on Najib as OSA - it could have been a blanket order pertaining to all investigation papers.
As for the OSA punishments, it depends on what government secrets it is. What if you leak military secrets to a rival or warring country. Cannot be that the person gets 6 months in jail only or escapes with a fine?
What if the transaction is between two heads of states, which thus classify it as international relations?
This is what the MALAYSIAN OFFICIAL SECRET ACT 1972 (OSA) says are considered OSA documents:
- Cabinet documents, records of decisions and deliberations including those of Cabinet committees;
- State Executive Council documents, records of decisions and deliberations including those of State Executive Council committees;
- Documents concerning national security, defence and international relations.
Thus it is clear that if the donation was indeed from Saudi Arabia and indeed be from Royalty as what the Attorney-General has said and what BBC's security correspondent had reported on that it was authorized right at the top of the Saudi Royal family, then the RM2.6b investigation papers would fall under point 3 of the schedule - international relations.
As the head of our government and also the head of the ruling party, UMNO whose constitution allows the president (or any appointed person) to handle money in trust for the party, there is every chance that our AG had examined where any money was spent from Najib's accounts.
The AG probably came to a conclusion that Najib has spent whatever sum he had using this account on party or CSR related matters on behalf of his party and came to a conclusion that this account was for the benefit of the party.
Perhaps our esteemed opposition leader, Tun Mahathir needs to study the OSA law again?
In fact, Najib's accounts were probably not classified under OSA as will be explained in a future point.
Political donations are not subjected to tax, said Inland Revenue Board (IRB) chief Mohd Shukor Mahfar as quoted by news portal Malaysiakini. “To me, if the income is subjected to tax, (then we can tax). If income not subjected to income tax, then we cannot tax,” he was quoted.
And if you believe Wall Street Journal and your buddy Clare Brown at Sarawak Report, you would also have believed that the majority of the RM2.6b was returned shortly after within months (and within the same tax year) - with the remainder being used for political or CSR expenses.
And since there was no balance after the return and expenses that did not benefit Najib personally, what is there to tax?
Actually, the government would have been informed. Such a big transfer would also be subject to the approvals of Bank Negara Malaysia - which is what our AG and PM Najib had confirmed too.
Unless of course you do not believe that Bank Negara is part of the government?
As the head of our government and also the head of the ruling party, UMNO whose constitution allows the president (or any appointed person) to handle money in trust for the party, there is every chance that our AG had examined where any money was spent from Najib's accounts.
The AG probably came to a conclusion that Najib has spent whatever sum he had using this account on party or CSR related matters on behalf of his party and came to a conclusion that this account was for the benefit of the party.
Perhaps our esteemed opposition leader, Tun Mahathir needs to study the OSA law again?
In fact, Najib's accounts were probably not classified under OSA as will be explained in a future point.
4. In Government there are procedures and rules for receiving and handling funds. Najib has not abided by these rules. In fact he admits that the money is a gift to him personally, not to the Government. He did not inform the Government authorities about the money. It is in fact a secret from the Government. He seems not to have paid taxes on this money. Clearly the possession and management of this RM2.6 billion is not part of his work as Prime Minister of Malaysia.Like what LHDN said.
Political donations are not subjected to tax, said Inland Revenue Board (IRB) chief Mohd Shukor Mahfar as quoted by news portal Malaysiakini. “To me, if the income is subjected to tax, (then we can tax). If income not subjected to income tax, then we cannot tax,” he was quoted.
And if you believe Wall Street Journal and your buddy Clare Brown at Sarawak Report, you would also have believed that the majority of the RM2.6b was returned shortly after within months (and within the same tax year) - with the remainder being used for political or CSR expenses.
And since there was no balance after the return and expenses that did not benefit Najib personally, what is there to tax?
5. The money is therefore not a Government secret which is protected by the Official Secrets Act. The reports by Bank Negara and the Malaysian Anti-Corruption Commission are therefore about wrong-doings involving Najib as a person while in the Government. Such wrong-doings must be investigated and reported by the relevant authorities so that appropriate actions can be taken according to the laws of the country.
6. The police and other enforcement authorities must act and investigate the reports. Not doing so would be a dereliction of duty. Covering up would be a crime.
Actually, the government would have been informed. Such a big transfer would also be subject to the approvals of Bank Negara Malaysia - which is what our AG and PM Najib had confirmed too.
Unless of course you do not believe that Bank Negara is part of the government?
Or perhaps Najib should have informed the Council of Elders of the Government instead? Oh.. the Council of Elders do not exist yet and not under our constitution? But Mahathir wants it to be done and if you don't give him what he wants, he gets angry, throws tantrums and crosses over to the opposition without even considering that it is a betrayal of the highest order.
You already said that the AG had final say. He was appointed by the YDP Agong and you should respect his rights under our constitution.
If the AG said there is no case, then there is no case.
Or should we just ask the Council of Elders to decree that the case be allowed to go to court and then once in court, we sack the Chief Justice and all the court judges like what happened during your time - just so that UMNO does not need to hold a re-election again and some Prime Minister can stay in power?
At this moment in time, Najib's RM2.6b is at the investigation papers stage.
Do you think any and all such investigation papers for any individual and for any crime should be released to the public?
Wouldn't this prejudice anyone who have not been prosecuted for the crime or have gone to court where such details would then be publicly available?
Wouldn't it also invade on his right to privacy if no crime has been committed?
This is a strange request from Tun Mahathir that any and all investigation papers should be made public.
Also, bank account details are also covered under our Financial Services Act 2009 (previously known as BAFIA) - thus Najib like any other private individual is covered under this act.
If someone handed you Najib's bank account statements today and you reveal it to the press tomorrow, you will also be charged in court - much like what Rafizi Ramli had found out before.
As for the issue of the RM2.6billion, I am not sure Mahathir is aware that the New York Times reported that even the Saudi Arabia foreign minister Adel al-Jubeir himself. confirmed that the money into Najib's accounts came from Saudi Arabia and was quoted to say this:
Further on the subject of credible sources. your continued attacks on Najib which cited foreign investigators also failed to cite that the office of the Swiss AG spokesman Andre Marty had told the Nikkei Asian Review "In the ongoing criminal proceeding of the OAG, Mr Najib Razak is not one of the public official under accusation,"
And you also forgot to mention that MACC also went to meet and interview the donor in Saudi Arabia and has in its possession the bank transfer documents including 4 letters from the donor lodged with the banks during the transfer.
Why are you not telling your readers about that infinitely more credible source? What are you trying to hide or what perception are you trying to create for your readers?
Also, a month back the UK Government owned BBC's foremost expert on the war on terror and Middle East security correspondent, Frank Gardner OBE says that his highly placed sources tell him that the RM2.6b was authorized at the very top of the then Saudi Arabia royalty and that such funding is normal.
As for your two friends Matthias Chang and Khairuddin Abu Hassan who went around the world happily submitting documents and making reports as per their own admission.
What documents were they submitting to foreign governments? Were those authentic confidential Govt documents or were those fake documents?
I let you choose.
And whether fake or authentic, you think the government should not take any action on them?
CONCLUSION
As for how to retain credibility, I think Tun Mahathir should really take his own advice and re-examine his recent actions.
I think you should finally retire and rest before all that you have done for the country in the past is tarnished by your recent traitorous actions that makes many of your friends and ex-supporters reel in disgust.
It is clear from the timeline below that your personal dendam/hatred for Najib is not because of RM2.6 billion or 1MDB.
It is due to something else coz in August 2014, you already withdraw support for Najib's government. At that time, there was no RM2.6 billion issue nor 1MDB issue and you also did not state this in your statement on why you withdraw support then.
October 21, 2013- Mahathir’s Son Mukhriz Loses UMNO Bid to Najib’s Cousin
October 29, 2013 Mahahir accuses Najib’s allies of buying votes in October UMNO polls
June 26, 2015 - Najib delays Umno election by 18 months
July 2, 2015 - WSJ exposes RM2.6b in Najib's accounts
February 06, 2016 - Mukhriz Mahathir forced to step down as Kedah Menteri Besar
March 4, 2016 - Mahathir and opposition sign declaration to oust Najib and "Save Malaysia"
Do you seem to see where the trigger point was?
You seem to be a very good father. Hats off to you on this.
But your dendam is seriously clouding your judgement now.
Oh by the way. What are we Saving Malaysia from?
Great economic collapse like what you and your gang have been trying to propagate to Malaysians?
Well, that's not true.
Hear it from a proper economist who compares the situation now and during your time when the shit really did hit the fan in 1998.
7. The A.G. has the right to decide whether a case should go to the courts or not. That right should be exercised with due consideration for the elements involved in the cases and public concern about them. All sides should be heard. And this can only be done in a court of law. Judgement by the A.G. simply by reading the reports is a denial of justice, is frivolous and unjust, especially when the reports are made by credible and established institutions. What the A.G. has done is to damage the credibility of an institution of governance and a part of the judicial system of this country.
8. The OSA is not meant to make a secret of criminal acts perpetrated by officers and employees of the Government. Such criminal acts are not above the law. They should be investigated by the authorities and be put before a court.
9. Instead the person reporting on the alleged wrong-doings by Najib, was arrested together with his lawyer, detained and charged in court.
10. When the A.G. prefers a charge on anyone, the law must fit the crime. When the charge does not fit the allege crime, so much so that the presiding judge dismissed the case, the A.G. loses his credibility. And along with it goes the judicial system.
11. Now the A.G. wants to appeal against the decision of the judge. Should the A.G. win, the institution would lose respect and acceptance by the people.
12. If the A.G. wishes to regain his credibility he should clarify whether he considers crimes perpetrated by officers of Governments are considered as Government secrets which must be hidden and protected by the Official Secrets Act or not.The AG examined the investigation papers on the RM2.6b and he decided there was no case. Even the MACC themselves met the donors and also have the signed documents from the donor confirming it is a donation to Najib directly.
You already said that the AG had final say. He was appointed by the YDP Agong and you should respect his rights under our constitution.
If the AG said there is no case, then there is no case.
At this moment in time, Najib's RM2.6b is at the investigation papers stage.
Do you think any and all such investigation papers for any individual and for any crime should be released to the public?
Wouldn't this prejudice anyone who have not been prosecuted for the crime or have gone to court where such details would then be publicly available?
Wouldn't it also invade on his right to privacy if no crime has been committed?
This is a strange request from Tun Mahathir that any and all investigation papers should be made public.
Also, bank account details are also covered under our Financial Services Act 2009 (previously known as BAFIA) - thus Najib like any other private individual is covered under this act.
If someone handed you Najib's bank account statements today and you reveal it to the press tomorrow, you will also be charged in court - much like what Rafizi Ramli had found out before.
As for the issue of the RM2.6billion, I am not sure Mahathir is aware that the New York Times reported that even the Saudi Arabia foreign minister Adel al-Jubeir himself. confirmed that the money into Najib's accounts came from Saudi Arabia and was quoted to say this:
"In Saudi Arabia, Foreign Minister Adel al-Jubeir said that he accepted the (Malaysian) attorney general’s opinion that there had been no wrongdoing, but he also said that he did not think that the money had come from the Saudi government or that it was a political donation.
Further on the subject of credible sources. your continued attacks on Najib which cited foreign investigators also failed to cite that the office of the Swiss AG spokesman Andre Marty had told the Nikkei Asian Review "In the ongoing criminal proceeding of the OAG, Mr Najib Razak is not one of the public official under accusation,"
And you also forgot to mention that MACC also went to meet and interview the donor in Saudi Arabia and has in its possession the bank transfer documents including 4 letters from the donor lodged with the banks during the transfer.
“The MACC knew of the details of the donor through a document taken from the bank and it was found that four letters were sent to the bank when the large sum of money was deposited into the account of the Prime Minister.”Incredibly the you forgot to quote a named Saudi Minister or a named Swiss AG spokesperson?
Also, a month back the UK Government owned BBC's foremost expert on the war on terror and Middle East security correspondent, Frank Gardner OBE says that his highly placed sources tell him that the RM2.6b was authorized at the very top of the then Saudi Arabia royalty and that such funding is normal.
As for your two friends Matthias Chang and Khairuddin Abu Hassan who went around the world happily submitting documents and making reports as per their own admission.
What documents were they submitting to foreign governments? Were those authentic confidential Govt documents or were those fake documents?
I let you choose.
And whether fake or authentic, you think the government should not take any action on them?
CONCLUSION
As for how to retain credibility, I think Tun Mahathir should really take his own advice and re-examine his recent actions.
I think you should finally retire and rest before all that you have done for the country in the past is tarnished by your recent traitorous actions that makes many of your friends and ex-supporters reel in disgust.
It is clear from the timeline below that your personal dendam/hatred for Najib is not because of RM2.6 billion or 1MDB.
It is due to something else coz in August 2014, you already withdraw support for Najib's government. At that time, there was no RM2.6 billion issue nor 1MDB issue and you also did not state this in your statement on why you withdraw support then.
October 21, 2013- Mahathir’s Son Mukhriz Loses UMNO Bid to Najib’s Cousin
October 29, 2013 Mahahir accuses Najib’s allies of buying votes in October UMNO polls
October 30, 2013- Dr M wrong about money politics in Umno, say supreme council members
May 21, 2014- Dr M confirms appointment as Proton chairman
July 21 2014 - Proton requesting RM1.7 billion in funding (not approved)
Aug 18 2014 - Dr Mahathir withdraws support for Najib government
Jan 6, 2015 - Public concern on 1MDB begins. Malaysian state fund 1MDB fails to repay RM 2 billion loan, chief executive replaced: reports
March 4th 2015- Mokhzani fully resigns from SapuraKencana Petroleum
March 13 2015 - Mahathir launches full-scale attack on 1MDB, Najib and family.
December 2, 2013 - Dr Mahathir steps down from Petronas post on the excuse of ill-health (even though a few months later you went on to become Proton Chairman
December 4, 2013 - Mokzaini Mahathir quits as Execuive Director of SapuraKencana becomes non-Executive Director.
December 4, 2013 - Mokzaini Mahathir quits as Execuive Director of SapuraKencana becomes non-Executive Director.
January 9, 2014 - MTEM calls Petronas CEO names for purported mistreatment of Dr M
January 24, 2015 - Rafizi Ramli reveals that Mahathir wants to replace Najib and cite this as the reason why the Langkah Kajang for Anwar to take over as MB is necessary in order to prevent Selangor falling into emergency if the racist Mahathir factions take over should Najib fall - Rafizi: Anwar ke Kajang pertahankan Selangor daripada UMNO jika Najib jatuh
February 19, 2014 - Mokzaini sells 190.3 million shares in SapuraKencana amounting to RM818.3 million - substantially reducing stake
January 24, 2015 - Rafizi Ramli reveals that Mahathir wants to replace Najib and cite this as the reason why the Langkah Kajang for Anwar to take over as MB is necessary in order to prevent Selangor falling into emergency if the racist Mahathir factions take over should Najib fall - Rafizi: Anwar ke Kajang pertahankan Selangor daripada UMNO jika Najib jatuh
February 19, 2014 - Mokzaini sells 190.3 million shares in SapuraKencana amounting to RM818.3 million - substantially reducing stake
May 21, 2014- Dr M confirms appointment as Proton chairman
July 21 2014 - Proton requesting RM1.7 billion in funding (not approved)
Aug 18 2014 - Dr Mahathir withdraws support for Najib government
Jan 6, 2015 - Public concern on 1MDB begins. Malaysian state fund 1MDB fails to repay RM 2 billion loan, chief executive replaced: reports
March 4th 2015- Mokhzani fully resigns from SapuraKencana Petroleum
March 13 2015 - Mahathir launches full-scale attack on 1MDB, Najib and family.
April 4, 2015 - Mahathir Calls on Prime Minister Najib Razak to Resign
June 26, 2015 - Najib delays Umno election by 18 months
July 2, 2015 - WSJ exposes RM2.6b in Najib's accounts
February 29, 2016 - Mahathir quits UMNO, Again
Do you seem to see where the trigger point was?
You seem to be a very good father. Hats off to you on this.
But your dendam is seriously clouding your judgement now.
Oh by the way. What are we Saving Malaysia from?
Great economic collapse like what you and your gang have been trying to propagate to Malaysians?
Well, that's not true.
Hear it from a proper economist who compares the situation now and during your time when the shit really did hit the fan in 1998.
I think our PM is doing the best he can for our country but too bad just too much slender and lies about him due to the Oppositions and now lead by ex PM Tun M, instigating the rakyat to hate DS Najib AS IF he has not done anything for the country.
ReplyDeleteWell, now we know how terrible is Tun M's heart, how corrupted is his soul. I took down all the photos of him from my small wall. I used to adore him. No doubt he had done great during his tenure.
But his time is OVER. He is 90 years old and should by right leave this 'world' to the right hands.
If not for the IMDB and Mahyuddin Yassin poisonous tongue betraying his boss at that time about the 2.6 billion, yes he started it - Malaysians oppositions got no work, of course they are the lowest class of any Oppositions in the whole world!
They are a big messy joke! Look at them! But because they fitnah on DS Najib is so great, they work so hard 24 hours a day painting terrible perception on DS Najib that the majority of the blurr Malaysian rakyat who is so MANJA now do not notice them.
Malaysian Oppositions makan Gaji Buta. What good comments have they given to improve Malaysia? Name one?
Look at Rafizi. Ya Allah! We never thought such creature with worse that snakes tongue exist! And he got away with everything. He is easily forgiven by MANJA Malaysians!
Well the happiest man now is Lim Kit Siang, he wants the country to go apart just like Mahathir. These old timers better stay at home play with their grandchildren, cats and dogslah.
Ugly sightlah, old men still not thinking of death. Giving all the wrong values to the young.
These old men want to carry power to their graves, just like Minister Mentor down south.
Delete--- easily, since the govt (under Najib) withdrew financial support to Proton (under Tun M chairmanship).
ReplyDeleteMahathir = Maha Villain = Machiavellian.
ReplyDeleteThanks for a good info. Well said. Hope Mahathir supporter will open their eyes wide.
ReplyDelete