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ST report: Economic adviser position on the horizon for M’sia former premier Najib Razak

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KUALA LUMPUR, MALAYSIA — A role as economic adviser with ministerial status appears to be on the horizon for former Prime Minister Najib Razak, in what seems to be a last minute bid by newly appointed premier Ismail Sabri Yaakob to hold on to his small majority, according to a report by The Straits Times (ST).

Datuk Seri Najib, whose administration saw the last of the Barisan Nasional coalition after six decades of rule when Pakatan Harapan took over after the 2018 General Election, was embroiled in the global scandal involving monies from state fund 1Malaysia Development Berhad (1MDB).

Notwithstanding his conviction on corruption and money laundering charges related to 1MDB, Datuk Seri Najib nonetheless has been active in the political spotlight, saying that he has “discussed” with Datuk Seri Ismail Sabri some of “many suggestions, steps, and new approaches to fight COVID, increase the confidence of the people, and to help the economy recover”.

“God-willing, they will have the approval of the ninth PM and Cabinet to be carried out in the near future,” said the former finance minister in a Facebook post on Thursday (9 Sep).

Similarly, Datuk Seri Ismail Sabri said that he and Datuk Seri Najib had discussed “domestic and international economic challenges (the government is facing) and strategies to battle the COVID-19 pandemic”.

“(Datuk Seri Najib) is committed in channelling his energy, time, and ideas to (work) together as a team for our beloved Malaysian Family,” said the PM in a Facebook post on Tuesday (7 Sep).

 

Earlier on Saturday (4 Sep), Datuk Seri Ismail Sabri appointed his immediate predecessor Muhyiddin Yassin to head the COVID-19 National Recovery Council, with privileges equivalent to that of a minister.

Tan Sri Muhyiddin, the president of Bersatu which he co-founded with former Prime Minister Mahathir Mohamad, currently leads the Perikatan Nasional coalition. The coalition’s members make up almost half of the government’s Members of Parliament.

Umno secretary-general Ahmad Maslan, who is facing corruption charges, was recently nominated without contest as deputy speaker of Parliament.

Datuk Seri Ismail Sabri has recently come under fire from opposition politician Lim Kit Siang for disregarding the need for a confidence vote.

The former Democratic Action Party secretary-general last Saturday highlighted that both the third Prime Minister, Hussein Onn, and the fifth Prime Minister, Abdullah Ahmad Badawi sought a vote of confidence from the majority of MPs as part of their first moves in Parliament.

“Why is Ismail Sabri afraid to prove that he has the confidence of the majority of MPs when Parliament meets on September 14, 2021?

“Is Ismail Sabri afraid that his majority of 114 MPs has disappeared in less than a month and that he could not get a majority of at least 111 Members of Parliament to vote in support of a vote of confidence in him as Prime Minister when Parliament meets on Sep 14?” Mr Lim questioned.

In a later statement on Monday (6 Sep), Mr Lim reiterated his criticism of the new PM, stating that the latter “has changed from enhancing to jeopardising the possibility of a political breakthrough in Parliament”.

The breakthrough, he said, could take place in the form of a “confidence-supply-reform accord” between the government and the opposition, ushering a political ceasefire for the next 12 to 18 months until the next General Election.

This is so that “everyone, whether government, opposition or the people, can focus single-mindedly on winning the losing war against the COVID-19 pandemic while carrying out parliamentary and institutional reforms”, Mr Lim said.

“The Yang di-Pertuan Agong had decreed on August 18 that the new prime minister must seek a vote of confidence in Parliament as soon as possible to determine his legitimacy, that MPs should work together to focus on the COVID-19 response and economic recovery, and that ‘the winner does not win everything while the loser does not lose everything’.

“It would be most unfortunate that it is the new Prime Minister who is jeopardising the government and the opposition reaching a confidence-supply-reform understanding in accordance with the decree of the Yang di-Pertuan Agong,” he added.

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Civil Society

29 organisations demand criminal prosecution of law-breaking police in Malaysia

A coalition of 29 organisations is demanding that Malaysia end the perception of shielding law enforcement officers from prosecution when involved in serious violations like torture and killings. Highlighting cases such as the disappearances of Raymond Koh and Amri Che Mat, they call for accountability through criminal charges.

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Activist Amri Che Mat and Pastor Raymond Koh

A coalition of 29 organisations is calling for an end to what they describe as a “policy” or perception in Malaysia that shields police and law enforcement officers from criminal prosecution, even when they are involved in serious violations such as death, torture, or human rights abuses.

These groups argue that law enforcement officers who break the law should be subject to the same criminal prosecution and sentencing as ordinary citizens.

The coalition points to several high-profile cases where police officers allegedly committed serious crimes, yet no action was taken to prosecute those responsible.

They argue that merely subjecting officers to internal disciplinary actions does not fulfil the public’s demand for justice. Instead, such officers must be charged and tried in open courts, allowing for transparency in the administration of justice.

Enforced Disappearance of Raymond Koh and Amri Che Mat

One prominent case cited is the enforced disappearance of Pastor Raymond Koh and Amri Che Mat. In 2019, the Malaysian Human Rights Commission (SUHAKAM) concluded, following a public inquiry, that both men were likely victims of enforced disappearance carried out by police officers from the Special Branch.

The government formed a Special Task Force to investigate SUHAKAM’s findings, but when the report was completed, it was classified as an “Official Secret” and was not disclosed to the public.

Recently, during a civil trial initiated by the families of the victims, parts of the report were revealed.

These findings supported SUHAKAM’s conclusions, asserting that the officers involved were rogue individuals acting independently. However, despite this revelation, no criminal charges have been filed against the responsible officers.

The delay in prosecuting these officers, even after clear findings, further bolsters the perception that Malaysia protects its law enforcement officers from the full extent of the law.

Assault on Ong Ing Keong

In another case, Ong Ing Keong, a deaf and mute e-hailing driver, was allegedly assaulted on 28 May 2024 by a police officer escorting a VIP.

Despite video evidence supporting Ong’s claims, no charges have been brought against the officer involved. This case has raised further questions about the government’s willingness to hold law enforcement accountable.

Failures in Investigating Police-Related Deaths

The coalition also highlights multiple cases involving deaths caused by police officers, where no significant legal action has been taken.

A coroner’s court ruling on 31 May 2023 determined that the fatal shooting of three men by police officers was not justified as an act of self-defence. Despite this finding, the officers involved have not been charged.

Similarly, in a separate incident, the High Court ruled on 1 February 2024 that the death of a man in Sitiawan, Perak, at the hands of police was homicide, yet no charges have been filed.

The coalition argues that these incidents contribute to a widespread loss of public confidence in Malaysia’s criminal justice system, particularly when it comes to cases involving law enforcement officers.

They stress that the government must act decisively to ensure that justice is seen to be done, by investigating, charging, and prosecuting officers found responsible for these crimes.

Concerns About Torture and Deaths in Custody

There are growing concerns over allegations of torture and deaths in police custody, with many cases seemingly underreported due to victims’ fear or lack of faith in the system.

The groups worry that if the public continues to perceive that justice is inaccessible, it may lead to increased incidents of violence or retaliation against police officers.

The Need for Clearer Laws and Specific Offences

The coalition believes that existing Malaysian laws, such as the Federal Constitution and the Criminal Procedure Code, clearly outline the legal obligations of police officers.

However, they argue that there is a need for additional specific laws to address violations committed by law enforcement officers, particularly in cases involving torture, illegal searches, or denial of legal rights.

They propose enacting special criminal offences targeting police misconduct to ensure greater accountability.

They further highlight the challenge posed by the fact that police misconduct often occurs in the presence of fellow officers, who may be reluctant to report their colleagues. This creates a culture of impunity within the force, making it difficult for victims to seek justice.

Recommendations for Reform

The coalition’s demands include the immediate investigation, charging, and trial of the officers responsible for the enforced disappearance of Raymond Koh and Amri Che Mat, as well as the disclosure of their whereabouts.

They also call for the prosecution of officers involved in the disappearance of Joshua Hilmy and Ruth Sitepu, based on findings from SUHAKAM’s public inquiry.

Moreover, the group advocates for the prosecution of the officers involved in the assault of Ong Ing Keong and those found guilty of homicide in recent court decisions.

They also call for the implementation of new laws to address police misconduct and for the government to take active steps to discard the perception that law enforcement officers are immune from prosecution.

The coalition urges the Malaysian government to demonstrate its commitment to justice by ensuring that all law enforcement officers who break the law are charged and tried in open courts.

This transparency, they argue, is critical to restoring public faith in the country’s criminal justice system.

The list of the 29 organisations in the coalition

  1. ALIRAN
  2. MADPET (Malaysians Against Death Penalty and Torture)
  3. Teoh Beng Hock Association for Democratic Advancement
  4. Association of Home and Maquila Workers (ATRAHDOM), Guatemala
  5. Banglar Manabadhikar Suraksha Mancha (MASUM), India
  6. Center for Orang Asli Concerns (COAC)
  7. Greenpeace Malaysia
  8. Global Women’s Strike, UK
  9. Haiti Action Committee
  10. KLSCAH Civil Rights Committee (KLSCAH CRC)
  11. Legal Action for Women, UK
  12. Migrant Care, Indonesia
  13. National Garment Workers Federation, Bangladesh
  14. North South Initiative, Malaysia
  15. National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), West Malaysia
  16. Parti Sosialis Malaysia (PSM)
  17. PAYDAY Men’s Network (UK/US)
  18. Persatuan Amal Progresif Malaysia
  19. Persatuan Sahabat Wanita Selangor (PSWS)
  20. Programme Against Custodial Torture & Impunity (PACTI), India
  21. Sabah Timber Industry Employees Union (STIEU)
  22. Sarawak Dayak Iban Association (SADIA)
  23. Saya Anak Bangsa Malaysia (SABM)
  24. Singapore Anti Death Penalty Campaign (SADPC)
  25. The Workers’ Assistance Center, Inc. (WAC), Philippines
  26. Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
  27. WH4C (Workers Hub for Change)
  28. Black Women for Wages for Housework, US
  29. Women of Color/Global Women’s Strike, US/UK
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Civil Society

M’sia NGO urges support for Clare Rewcastle-Brown after US$110K defamation ruling

Malaysian NGO ENGAGE has called on the public to show solidarity with British journalist Clare Rewcastle-Brown, who, along with two publishers faces a total payment of RM455,400 (approx. US$110,439) for defaming the Sultanah of Terengganu. ENGAGE condemned the ruling, stating it sends a chilling message to investigative journalists exposing corruption in Malaysia.

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MALAYSIA: ENGAGE, a Malaysian civil society group, has expressed profound disappointment over the Federal Court’s recent decision to uphold a RM300,000 (approximately US$72,771 ) defamation judgment against Clare Rewcastle-Brown, the investigative journalist known for her pivotal role in exposing the 1MDB scandal.

The court’s ruling, delivered on 10 September, held Rewcastle-Brown liable for defamation due to a mistaken identity error that had since been rectified, casting a shadow on the safety of investigative journalism in Malaysia.

In light of this ruling, ENGAGE emphasised the broader implications for journalists seeking to expose corruption.

“This decision sends a chilling message to investigative journalists who exposes corruption that they will not be protected in Malaysia,” the group stated.

As part of the ruling, Rewcastle-Brown and two local businesses—Gerakbudaya and Vinlee Press—are now responsible for a total payment of RM455,400 (US$110,439), which includes RM300,000 in damages and RM135,000 costs and other incidentals (taxes and interests).

ENGAGE also shared a video message from Rewcastle-Brown on its Facebook page.

In the video, Rewcastle-Brown reiterated her disappointment that despite correcting the error six years ago, the court ruled that she and the two publishers must pay damages to the Sultanah.

She expressed her gratitude to ENGAGE, the Centre for Independent Journalism, and numerous other groups that support freedom of expression for their efforts in raising funds to help cover these fines.

To date, approximately RM305,667 has been raised through donations in the UK and through ENGAGE’s Freedom Fund 2.0, leaving a shortfall of RM149,733, rounded up to RM150,000.

ENGAGE has issued a rallying cry to the Malaysian public to show solidarity with Rewcastle-Brown and the local businesses affected by this ruling.

The organization highlighted the significance of Rewcastle-Brown’s investigative work, particularly her book, The Sarawak Report: The Inside Story of the 1MDB Exposé, which detailed the massive corruption scheme involving former Prime Minister Najib Razak and fugitive financier Jho Low, ultimately leading to the latter’s downfall and incarceration.

ENGAGE plans to keep the public updated on the fundraising efforts through their Facebook page and encourages potential donors to verify the information via Clare’s blog.

In closing, ENGAGE thanked those who have previously contributed and encouraged further support to help maintain Malaysia’s independent publishers, vital to a free press and democracy.

They provided the following banking details for donations:

  • Name: Engage Citizen Network PLT
  • Bank: Maybank
  • Account: 5512 7609 7331
  • Remark: Clare

RSF condemns Malaysian court ruling against Rewcastle-Brown

On 17 September, Reporters Without Borders (RSF) condemned the Malaysian court ruling against Rewcastle-Brown and the two publishers, characterizing it as part of a broader effort to silence journalists reporting on corruption.

Fiona O’Brien, UK Bureau Director of RSF, commented: “This case should never have made it to court. The accusations of defamation are nonsensical. ”

“The underlying agenda appears to be to silence Rewcastle Brown and warn other Malaysian journalists away from reporting on corruption.”

In a separate criminal case, Rewcastle Brown was sentenced in absentia to two years in prison in February 2024. She continues to appeal the criminal charges but has faced significant challenges in defending herself.

The British government has not commented publicly on her case.

RSF also noted that Malaysia, once ranked 73rd in the World Press Freedom Index, has dropped to 107th in 2024, amid rising political instability and a pattern of defamation suits against journalists.

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