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M’sia former defence minister: “Staging a coup” instead of waiting for election “unacceptable”

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The Perikatan Nasional and Barisan Nasional coalitions’ move to stage a coup instead of waiting for the next general election to form a government is “unacceptable”, said Malaysia’s former defence minister Mohamad Sabu.

Mr Mohamad, who is also known informally as Mat Sabu, said at a Pakatan Harapan (PH) coalition talk in Klang last Sat (7 Mar) that Barisan Nasional in particular — based on the alliance’s history of winning by-elections — were in the position to wait for the next general election if they were confident of securing seats in the government again.

“Why couldn’t you wait? We waited for 60 years, why couldn’t you wait for five? .. If you want to win, work hard for it. If we lose we would not mind. We will work harder but staging a coup is unacceptable.

“They know PH is doing better and better and they are afraid of their court cases being heard, so they chose to use an illegal way by sabotaging a legitimate government,” said the Kota Raja Member of Parliament (MP).

Noting that Mr Muhyiddin “really wanted to form a Malay government”, Mr Mohamad also revealed that he was asked by newly appointed Prime Minister Muhyiddin Yassin to join him in his new government, but on the condition that the Democratic Action Party (DAP) must be excluded.

However, Mr Mohamad said that leaving out DAP was not possible, adding that PH will “respect the rule of law” and abide by the Federal Constitution in the pursuit of being elected into power again.

“We may have lost several by-elections, but why must we allow this government to be hijacked in the middle of everything?” he said.

“No wonder none of the European countries has yet to congratulate this backdoor government,” Mr Mohamad charged.

Singapore Prime Minister Lee Hsien Loong and Indonesia President Joko Widodo are among the few leaders who have publicly congratulated Mr Muhyiddin on his appointment as the Prime Minister of Malaysia.

“I am confident Singapore’s long-standing and multi-faceted relationship with Malaysia will grow under his leadership, and benefit both the peoples,” said Mr Lee in a Facebook post.

In a letter to Mr Muhyiddin on 2 Mar, Mr Lee expressed his confidence that Singapore and Malaysia’s bilateral relationship “will continue to thrive and flourish under your leadership as Prime Minister of Malaysia”.

Finance blog FinanceTwitter observed that Mr Muhyiddin’s immediate predecessor Mahathir Mohamad, in contrast, received congratulatory messages from Western powers such as the United States, the United Kingdom and the European Union countries — which “recognised his government the very next day” — after he was elected as Prime Minister on 11 May 2018.

“The legitimacy of [the] Muhyiddin government, like it or not, depends heavily on the Western countries, especially the United States, United Kingdom, [and the] European Union” and even an Asian superpower such as China, FinanceTwitter opined.

Sarawak Report, well-known for its role in critiquing the Najib Razak administration and unveiling the 1Malaysia Development Berhad graft scandal, similarly noted this “disapproval” of Mr Muhyiddin’s government, as seen in Northern Ireland MP Jim Shannon’s statement in the UK’s House of Commons on how the new administration will potentially “significantly limit the right of freedom of religion or belief in Malaysia”.

Mr Muhyiddin was sworn-in as the nation’s eighth Prime Minister at the national palace, the Istana Negara on 1 Mar after a week of political turmoil plaguing the country.

His appointment as Prime Minister received royal assent from the Yang Di-Pertuan Agong on 29 Feb, which the Istana Negara said was “in line with Article 40(2)(a) and Article 43(2)(a) of the Federal Constitution”.

Article 40(2)(a) provides for the Yang di-Pertuan Agong’s capacity to act according to his own discretion in appointing a prime minister, while Article 43(2)(a) provides for the Yang di-Pertuan Agong’s appointment of a Member of Parliament (MP) — who in his judgment is likely to command the confidence of the majority of MPs — as the prime minister.

Former PM Mahathir Mohamad: Muhyiddin Yassin willing to work with kleptocrats, previously “promised not to cooperate with Umno”

Around two hours before Mr Muhyiddin’s swearing-in ceremony, Dr Mahathir told a press conference at the Albukhary Foundation in Kuala Lumpur that Mr Muhyiddin is not the right person to be sworn in, as Mr Muhyiddin allegedly did not command the support of the majority of the MPs in the Dewan Rakyat, the lower house of the Malaysian Parliament.

Dr Mahathir also said that the Yang di-Pertuan Agong has refused to grant him audience to prove his position that the Pakatan Harapan coalition and himself both command the support of the majority of the Dewan Rakyat.

Earlier on Sun (8 Mar), Dr Mahathir told reporters that he had received a letter from the new PM asking to meet him to resolve their political differences.

However, he said that he had “previously met” Mr Muhyiddin and reiterated his refusal to work with Umno.

“I had promised not to work with Umno. Muhyiddin in the video clip also promised not to cooperate with Umno.

“However, he had (decided to) accept Umno, the biggest party in his government … His party only has six individuals (MPs), Umno has 51 (MPs),” said Dr Mahathir.

The former premier said that he “cannot make peace with accused persons charged in court for stealing billions of ringgit”.

“I said Umno members (can) enter Bersatu … I accept them on the condition that they leave Umno and join (Bersatu) on their own accord,” said Dr Mahathir, adding: “But Muhyiddin said he was willing to cooperate with such individuals. That is something that I cannot accept.”

Muhyiddin Yassin’s appointment as PM receives flak from Malaysians

Mr Muhyiddin, a former Umno cadre, served as Malaysia’s deputy PM from Apr 2009 to Jul 2015 prior to being dismissed from both his position and the political party for publicly criticising then-PM Najib Razak’s handling of the multi-billion-dollar 1Malaysia Development Berhad (1MDB) scandal.

Following his exit from Umno, Mr Muhyiddin became one of the founding members of the Bersatu party, taking up the role of president alongside Dr Mahathir as the party chairman.

Bersatu’s alliance with other component parties under the Pakatan Harapan banner contributed to the coalition’s victory against the Barisan Nasional — the latter of whom had governed Malaysia for slightly over six decades — in the 14th General Election in May 2018.

While he received praise for speaking out against corruption at the expense of being sacked from his post and Umno then, Mr Muhyiddin’s current appointment as PM has stirred discontent and anger among many members of the public.

Mr Muhyiddin was one of the PH politicians seen attending a political gathering at Sheraton Hotel in Petaling Jaya with opposition politicians from Umno and Parti Islam Se-Malaysia (PAS), as well as Azmin Ali’s PKR bloc.

Keywords and hashtags such as “traitor” and “#notmypm” began circulating on social media platforms such as Twitter mere hours after Mr Muhyiddin’s appointment was announced, and two petitions were made to protest what the public has deemed to be “a betrayal of the trust and mandate of the Rakyat given to Pakatan Harapan leaders”.

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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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