Monday, February 15, 2016

Dare authorities jail Mahathir if he's convicted?

Malaysiakini - Dr M: There is a wish to arrest me (extracts only):

Former prime minister Dr Mahathir Mohamad believes there are those who wish to see him behind bars.

"The new publicity chief suggests I am doing this because I want to be arrested. That is as clear as a warning can be, of the wish to arrest me," Mahathir wrote in his blog today.

This was in reference to remarks by Umno information chief Annuar Musa, who said Mahathir was being seditious to incite the authorities to act against him.

The Ketereh MP said the former prime minister would do this to gain support in his fight against Prime Minister Najib Abdul Razak.

TMI - Dr Mahathir facing criminal defamation probe over Apandi post, says IGP (extracts only):

Police are investigating former prime minister Tun Dr Mahathir Mohamad for criminal defamation over a recent blog posting on Attorney-General Tan Sri Mohamed Apandi Ali. [...]

In a posting on his blog on February 5, Dr Mahathir attacked Apandi over his decision not to charge the prime minister, saying the country’s top prosecutor had no credibility.

He also said Prime Minister Datuk Seri Najib Razak should resign if Malaysia were to regain its reputation.

“To clear Malaysia’s good name and his own, Najib must prove beyond a shadow of doubt that he is innocent of all the accusations against him. The A-G saying he is innocent means nothing."

“He, the A-G, has no credibility."

Whether the current AG has any credibility, really, Mahathir should be the last person to condemn him if you read RPK's latest reminder in his post When the former PM and former AG conspired to commit crimes.

Before some of you readily and all too hastily dismiss any of RPK's posts as pro Najib propaganda, read this one in which RPK actually quotes extensively from an article by Aliran, as follows (Aliran parts highlighted in yellow):

Abu Talib appears to have forgotten what he did in 1990, which sent the late Karpal Singh into an outrage. In fact, the whole nation almost went berserk and this was what Aliran reported in January 1990:

The newspapers have been selling like hot cakes lately. Everyone wants to know the latest on the pornographic videotapes scandal.

The affair has really captured the nation’s imagination. Actually, if one looks closely, there are two scandals – the Vijandran scandal and the Abu Talib scandal. The first one was of course ignited by the allegation that Dewan Rakyat deputy speaker D.P. Vijandran had been featured in several pornographic videotapes. Barely a month later, while the dirt and dust was still swirling over the claim, the Attorney General created yet another scandal with his explanation of why investigation into the video tapes affair was closed.

As such, there are now two vital questions begging answer. First, should Mr. Vijandran be disqualified as a Member of Parliament? (He seems to have defied public opinion – several Cabinet members were reported to be of similar opinion – to resign as deputy speaker by merely taking long leave).

Second, what is to be done about the Attorney-General Tan Sri Abu Talib Othman? His statement that he had ordered the police to destroy 11 video tapes and four envelopes containing photographs and negatives belonging to Mr. Vijandran – and with Mr. Vijandran’s consent – caused an outraged uproar and led several groups and individuals to publicly accuse the government of a cover-up.

The AG’s handling of the case has brought odium and contempt to the high office that he occupies and he should resign immediately. Aliran views his action as blatant attempt to destroy evidence and to subvert the course of justice. Even more deplorable is that this is not the first time that the AG has been implicated up to the eyeballs in covering up scandals and in protecting those responsible for abuse of power. The public has not forgotten his part in covering up the BMF scandal and his Machiavellian role in the events leading to the dismissal of the former Lord President Tun Salleh Abas.

I posted a comment in that RPK's post saying "People who live in glass houses shouldn't throw stones".

But leaving aside Mahathir's and Abu Talib's stone-throwing from their respective glass houses, do you think the authorities dare to throw Mahathir into jail if they succeed in convicting him under Section 500 of the Penal Code which touches on defamation and under which he is currently being investigated.

Section 500 carries a two-year jail term, a fine, or both upon conviction.

Leaving aside his social status as a former PM and a man who 'ruled' Malaysia for more than two decades (presumably only current PM can be jailed, wakakaka), would the authorities dare to jail a 90-year old man, or even hold him in custody during the investigation?

For comparison, that is, if at all possible, in 2013 Jawi had arrested and detained 83-year old Kassim Ahmad for 24 hours without access to a lawyer of his choice - an act which was found to be illegal by the Court of Appeals.

But then Jawi is Jawi and hardly a civil authority so if it had acted illegally, as ruled by the Court of Appeals, that's hardly surprising. If you are not sure of what I mean, recall Jais' persecution (not prosecution) of Borders store manager, Nik Raini. Jais and Jakim belong to those exclusive religious authorities which do not answer to civil norms.

With such people in Jawi (remember Zouk nightclub scandal?), Jais* and Jakim behaving like so, Allah swt save us if Malaysia were to fall under full syariah laws.

* raiding a non-Muslim premise (Selangor Bible Society) in 2014 and allegedly sexually abusing a Muslim woman as reported by NST and which I had posted in my 2006 post titled Raising the dead - a JAIS problem? in which I wrote (extracts only):

Jais, Selangor religious authorities now want to meet Safuan for what it believes to be Safuan’s dabbling in witchcraft and sorcery, which is against Islamic teaching. Hmmm, I wonder what's the Quranic punishment? In ye olde England the Church either burned those accused at the stake or drowned them in the village pond.

Well, if Safuan needs a defence attorney, I might just volunteer. My line of defence will be that Jais itself practises such sorcery, that of bring the "dead to life", so what's the big deal with someone else doing it.

I will recall for Jais the case of one of its enforcement officers, 21-year old [*** blanked out to save embarrassment] who demonstrated so-called sorcery by 'raising' his somewhat 'dead item' 
back to life, though admittedly with the help, unwilling help as it was, of one unfortunate woman caught by him for khalwat (illegal close proximity for Muslims).

The unfortunate woman had gone to Jais office in Gombak the day after her embarrassing encounter with Jais, in a vain hope to 'settle' the case amicably. However, she claimed she got more than she bargained for.

She was molested and forced to perform oral sex on Muhamad as an inducement to let her off the hook. That's when it was believed Muhamad’s dead thingy had immediately sprang to life. She also alleged Muhamad used criminal force to outrage her modesty by caressing her breasts and kissing her on the lips.

Well, what can we say about this Zouk-ish phenomenon, Jais? Have we been dead right? Shall the defence now rest?


But back to subject, do you think the authorities dare to jail a 90-year man if they found him guilty?

Wait, let me rephrase that - do you think the civil authorities dare to jail a 90-year man if they found him guilty?


  1. If it were up to me, Lock him up and throw away the keys !

    It will only get to that extent if the Mahathir campaign was getting perilously close to the point of unseating Najib or worse, having Najib prosecuted.

    At that point it would be equivalent to "terminate with extreme prejudice"... either you die or I die....of course I will make sure you die....

  2. besides indulging in reminiscences, perhaps u n rpk shd share yr view whether najib is innocent on many "accusation".

    i bet the authorities dare not jail mahathir. n i am strongly against putting one in jail bec of seditious, there are many reason to incarcerate mahathir, pls dun use such a lame one.

    1. the issue in my post is not so much the charge per se but rather the act of imprisoning him, a 90-year old man, wakakaka

  3. Maybe he will get a fine, or suspended jail term, just to prove who has the bigger stick.

  4. Nobody,not even Najib Razak,Malaysia's present and most powerful PM in Malaysia's history to date,dare order the arrest of Dr Mahathir.Needless to say,the marbleless IGP is MIA,regardless of whether a police report is made or not.

    The day that Dr Mahathir is thrown into prison,will be the day Umno goes to the dogs.And it will never see daylights again.Never,ever.

  5. Those people that walk the corridors of power must be glad that Mahathir is ninety years young.Mahathir at ninety,have made these babies cried and wailed for their mamas.

    What is going to happen to these wailing babies if Mahathir were only eighty years young?There will be muddled used diapers strewn on the floors and puddles of soiled water on the floors of Putrajaya,enough to overflow the whole of the Klang Valley.

    1. bruno matey, have you considered a career as a poet? you most certainly have a way with words, wakakaka

  6. For Once can we think as one. Are we not ASHAMED!! Contribute to nation building ... Coz your children too might here. Do the right thing...... Don't blame , when all Destroyed . Any blogger worth his salt, will do the right thing. Not all of us has the luxury yo live elsewhere. Think about it...

  7. "Do you think the civil authorities dare to jail a 90-year man if they found him guilty?"

    NO, they don't dare.

    So, TDM is above the law. He has a got an absolute and total freedom of speech and expression. This is because he is a 90-year old man - a man of wisdom and a person of conscience who has done a lot for the country. It does not matter if it wreaks chaos and havoc or armageddon in this country.

    If it is so, please, help yourself then TDM!

  8. I will support anyone for the right amount of Donations.

    I'm not greedy. RM 26,000 is plenty for me.

  9. I am most certainly not defending Vijendran in any way, but the law needs to be explained.

    And I need to explain why Apandi's alleged current cover up attempt on Najib may be far, far more serious than what Abu Talib did in the Vijendran case.

    Vijendran was exposed in compromising positions in the videotapes and photographs which had surfaced. His position as MP and Deputy Speaker had probably become untenable (which was proven true) , but that was ultimately a political and moral matter, not a criminal one.

    Abu Talib's responsibility was purely on the criminal aspects of the case.

    There was no clear evidence he had initiated the making of those tapes , which would have been an offence (creating or distributing pornography). The tapes had surfaced "anonymously".
    If someone photographed him without permission, within the confines of a house, he had broken no law.

    The other party/ parties in the tape appeared to be consenting adults, not underaged minors or anyone under coercion.
    No sexual crimes were being shown to be committed.

    So what crime exactly was Vijendran guilty of ?


    I'm sorry to say, this was a rare instance where Karpal Singh's outrage was purely political theatrics, with no basis in criminal law.

    Let me put it this way. If tomorrow some idiot put on the Internet videos of Ktemoc (wakakakaa) copulating with a dozen naked sweeties , and it had been secretly filmed, it would be extremely embarrassing, and he may have to quit or maybe get fired from his job, and go hide in a basement for 6 months.

    But it would be no business of the police or the government prosecutors.

    Abu Talib likely overstepped his authority in ordering the tapes and photographs destroyed. That is all I can hold against him.

    In Apandi's case, it seems clear to most reasonable people I have spoken to that Dato Seri Najib probably committed a crime in accepting the "Donation" from SRC International into his personal bank account, and spending very large sums of it on his personal credit card.

    Apandi artificially declaring Najib as "innocent" in the face of clear evidence, may very well amount to Obstruction of Justice, a very serious crime in Malaysia for an Attorney General to engage in.

    That is the difference.