Shahrizat What is a a Criminal Conspiracy like Caesar’s wife,

Shahrizat What is a a Criminal Conspiracy like Caesar’s wife, must be above suspicion

Shahrizat What is a a Criminal Conspiracy like Caesar’s wife, must be above suspicion

Shahrizat, like Caesar’s wife, must be above suspicion
Khairy and indeed others of his temperament should be concerned of the fact that more Malays could be embracing the DAP.This demonstrates that they feel no affinity for the religious brand of politics favoured by PAS or the strong whiff of Umno-ism emanating from PKR.They have chosen a third, more secular route. Now, by no means does this mean that they are abandoning their religious world view, merely that they don’t see their Islamic perspective threatened by the political framework of the DAP.

Special CBI court judge OP Sainihas given a refined definition of criminal conspiracy in the 2G scam case. His order delineates a criminal conspiracy and an act of innocence even if the latter means financial loss to the public exchequer.

Applying his definition, Saini ruled that Union home minister P Chidambaram was not part of a criminal conspiracy in the scam, and hence doesn’t need to be prosecuted.

“In a case of criminal conspiracy, the court has to see whether two persons are independently pursuing the same end or they are acting together in pursuit of an unlawful act. One may be acting innocently and other may be actuated by criminal intention. Innocuous, inadvertent or innocent acts do not make one party to the conspiracy,” Saini said in his order.

The court admits that “there is material on record” to show that Chidambaram agreed with A Raja about fixing the spectrum pricing at 2001 rate. “However, there is no material on record to show that P Chidambaram was acting mala-fide in fixing the price of spectrum at the 2001 level or in permitting dilution of equity by the two companies. These two acts are not per se illegal and there is no further material on record to show any other incriminating act on the part of P Chidambaram,” the judge said.

Saini said that even if a public servant’s decision leads to loss to exchequer or pecuniary advantage to someone it need not become criminal always. “A decision taken by a public servant does not become criminal for simple reason that it has caused loss to the public exchequer or resulted in pecuniary advantage to others,” he said.

“Merely attending meetings and taking decisions therein is not a criminal act. It must have the taint of use of corrupt or illegal means or abuse of his official position by public servant for obtaining pecuniary advantage by him for himself or for any other person or obtaining of pecuniary advantage by him without any public interest,” he said.

Saini argued that there was no material on record to suggest that Chidambaram was “acting with such corrupt or illegal motives or was in abuse of his official position, while consenting to the two decisions.”

“There is no evidence that he obtained any pecuniary advantage without any public interest. I may add that there is such incriminating material against other accused persons, who stand charged and are facing trial,” Saini said, drawing distinction between the accused Raja and others, and Chidambaram.

He pointed out that there was no evidence on record to suggest that there was an agreement between Chidambaram and Raja to subvert telecom policy and obtain pecuniary advantage for himself or for anyone else.

“A bit of evidence here and a bit there does not constitute prima-facie evidence for showing prima-facie existence of a criminal conspiracy. Anybody and everybody associated with a decision in any degree cannot be roped as an accused,” Saini said.

The judge said the role played by a decision maker, circumstances in which the decision was taken and the intention of the decision maker are all relevant facts.

In his judgment rejecting demand to prosecute Union home minister P Chidambaram in the 2G scam, Special CBI judge O P Saini raised five “crucial questions”. And they decided if Chidambaram is part of the criminal conspiracy. Answering them, Saini concluded, “Accordingly, I do not find any sufficient ground for proceeding against P Chidambaram.”
5 questions judge OP Saini raised
1. Whether entry fee for the UAS licences and the price of spectrum was jointly determined by A Raja and P Chidambaram?
2. Whether they have deliberately fixed a low entry fee, discovered in 2001 auction, for spectrum licences?
3. Whether P Chidambaram deliberately allowed dilution of equity by the two companies, that is, Swan Telecom (P) Limited and Unitech Wireless (Tamil Nadu) Limited?
4. If so, whether these facts prima-facie show criminal culpability of P Chidambaram along with A Raja?
5. Whether there is any material on record to show criminal culpability of P Chidambaram?
Shahrizat Abdul Jalil, who is scheduled to resume duties as Women, Family and Community Development Minister on Wednesday after three weeks’ leave, said today she is not afraid to face accusations over the National Feedlot Corporation (NFC) issue.The Wanita Umno chief said the allegations hurled at her have made her more spirited to face all kinds of tests.

“It’s okay. We are politicians. We become more spirited when we are subjected to tests,” she told reporters at an event to consolidate the Wanita BN election machinery in Beruas. The event was launched by Perak Menteri Besar Zambry Abdul Kadir.

Shahrizat was asked to comment on a statement by PKR director of strategy Rafizi Ramli that the party would greet Shahrizat’s return from leave with more revelations of alleged malpractices involving her family.

Shahrizat was faced with the issue of the NFC, helmed by her husband Mohamad Salleh Ismail, after the 2010 report of the auditor-general released last October stated that the NFC had failed to achieve its target.

The issue heated up after the opposition alleged irregularities over the RM250 million government allocation to NFC.

The National Feedlot Centre is a project in Gemas, Negeri Sembilan, aimed at boosting the production of beef to reduce dependence on import of the meat.

On Wanita Umno’s preparation to face the next general election, Shahrizat said she would ensure that the election machinery is always at the ready.
related articleAn Exposition of the Way in which Umno Women’s chief Shahrizat Jalil Discover the Faults in her Soul.

Umno Youth chief Khairy Jamaluddin’s challenge to the DAP to provide figures on the number of Malays joining the ranks of this centre-left party, not to mention Professor Khoo Kay Kim’s rather jaundiced view of Malay leftist as “non-freedom fighters”, is further evidence of the party’s desperate need to define what it means to be Malay, both historically and in the present.

Umno’s continuing efforts at creating the perception of a monolithic Malay polity has veered from the insidiously sophisticated to the downright crude.

Every facet of Malay life as projected by the state’s media propaganda organs has been to present the image of the Malays as a unified voting block raging against the liberal foreign ideas of the DAP, the eroding Islamic ideals of PAS or the immorality of Anwar Ibrahim.

THimpun placardshere is a reason why there is a state-sanctioned method of practicing Islam. There is a reason for the morality police. There is a reason for apostasy laws. There is a reason for marriage laws.

There is a reason why other religions are demonised. There is a reason why the Malay population has been indoctrinated to fear their fellow Malaysians. And the reason for this is simple.

What Umno desires, and has received for so many years, is total submission from the sizeable majority of the Malay population.

The recent Christian conversion controversy – that Christian proselytising is against the law in a supposedly multiethnic and multi-religious country is further evidence of the ruling regime’s fear of not only the diminishment of the role Islam in the public and private lives of Malays but their control of it – implies that a certain segment of the Malay population is not getting any part of the largesse that is supposed to trickle down to them and that they are more then willing to seek elsewhere the assistance they need.

Racial card not exclusively Malays

It has of course gone to ridiculous extremes as in the recent NFC (National Feedlot Corporation) fiasco where Ibrahim Ali and his ilk (bolstered by the right-wing state-controlled Malay mainstream press) suggest that an issue of corruption is really an issue of race and a racial provocation against the Malay community.

NONEThe fact that the alleged whistleblower has been identified as a non-Malay is par for the course in this country’s national political debate.

And let us (non-Malays) not assume the high road because we, too, have played the same racial card when it comes to the shenanigans of non-Malay political parties.

In any other functional democracy an investigation into a case of corporate and governmental malfeasance would be handled with the utmost impartial diligence or at least that’s the perception the powers-that-be would attempt to convey but here, the fact that the state responded in its usual fear-mongering fashion is an overt threat to non-Malays that they should never attempt to impose any accountability on the government or its financial policies, less they inadvertently start a racial incident.

However, these tactics are fast becoming obsolete since it was a predominantly Malay political party with the vocal backing of its non-Malay allies that first exposed this scandal and the very real fractures within the Malay community that Umno for so very long has been trying to hide or stamp out is being given expression on the national stage.

Professor Khoo’s interpretative stance when it comes to the contributions of the Malay left to the independence of this country may favour the Umno narrative but what the current debate proves is that the Malays even then were not some sort of monolithic entity bound by the same political ideology unlike what our state-coddled history professors teach us.

Professor Khoo uses the tired old clichés of communism (anti-religion) and world domination (conveniently forgetting that we were a British colony) to misinterpret a polychromatic Malay left to bolster the narrative that only the Umno-led coalition and the so-called social contract ensured our independence and political and social stability.

Constitutionally-created Malays

Readers’ interested in a sympathetic perspective of the diverse nature of the Malay left of a pre- and post-colonial Malaya should read Said Zahari’s memoir, ‘Dark Clouds at Dawn‘, to understand how even elements in the British colonial establishment considered a paper like Utusan Melayu a “pinko” or “red” newspaper, a charge vigorously denied by then editor Zahari.

said zahari 090106 talkingThe very fact that a certain segment of the Malay-Muslim population were not hostile to the so-called liberal concepts of self-determination, social justice and fair play – as though such concepts are anathema to Islam – is evidence enough of the ideologically diverse nature of a pre-independence Malay community. A community as yet infected by the propaganda of BTN (Biro Tatanegara) and the stranglehold of a federal government.

If the concept of what constitutes a Malay is complex historically with different connotations of culture as exemplified by the various different traditions and mindsets of various states, is added to these days’ constitutionally-created Malays, the mix becomes more explosive.

As I have argued before, the concept of Malay has changed so dramatically over the years through the social engineering agenda of Umno, these days it would be easier for the divergent forms of political and religious ideologies which manifest in the Malay community, to further fracture the concept of ‘Ketuanan Melayu’ and in the end, the Umno choke hold.

The shortsightedness in the creation of constitutionally-created Malays will have severe repercussions on Umno and in the end, the country.

For the former, it will be the gradual erosion of influence of the so-called “authentic Malay”, a topic of conversation that seems to be de rigueur in the hushed confines of the mosques but more importantly, the corridors of power.

The not-so-recent inclusion of Malaysian Muslim Congress (Kima) as a non-voting member of Umno is like the recognition bestowed on an unwanted child born out of wedlock.

Possible sectarian violence
And let’s not forget the Indonesians, Burmese and Filipinos that have been granted the status of Malays outside the Umno-controlled peninsula and we have a situation pregnant with the possibility of some sort of national renunciation.

orang asli protest in putrajaya 170310Meanwhile, the Orang Asli who have long been denied the benefits and privileges accorded to the bumiputera, will continue to be ignored by mainstream political parties until they organise into a cohesive political force which would further tensions within the Malay community.

The consequences for the country will of course be dire. Not only will there be sectarian violence within the Malay community but most probably as has been documented in various parts of the Muslim world, the nature of the conflict will be religious based.

If we are lucky it would be between two extremes, but the reality will probably be that non-Malays will either have to leave this country or latch on to whichever side that offers the least subservient role.

Khairy and indeed others of his temperament should be concerned of the fact that more Malays could be embracing the DAP.This demonstrates that they feel no affinity for the religious brand of politics favoured by PAS or the strong whiff of Umno-ism emanating from PKR.They have chosen a third, more secular route. Now, by no means does this mean that they are abandoning their religious world view, merely that they don’t see their Islamic perspective threatened by the political framework of the DAP.Fear has been the primary weapon for social and economical cohesion in Malaysia, and religion or more accurately Islam has been the ‘keris’ – either sheathed or unsheathed – that has reminded us of our place in the natural order of the BN-constructed reality.

The politically-motivated acquittal of Opposition Leader Anwar Ibrahim on his politically-motivated charges has brought on the real possibility of a new era of government comprised of a contentious group of political, racial, social, economical, but most importantly, religious interests.
If it truly is to be a Malaysia for all Malaysians regardless of race or religion, we have to understand Islam and why we have come to fear it. And we are not alone.
All over the world there is a deep undercurrent of discontent when it comes to Islam and this cannot be merely dismissed as the angst induced by right-wing or nationalistic propaganda. I say “we” because I am not merely referring to non-Muslims but also to Muslims.If the non-Muslim fears to speak out when his or her rights are trampled on for fear of the repercussions, so it is for the Muslim who fears to speak out in case he is labeled a traitor to his religion or worse.Fear is the commonality and it binds both believer and non-believer alike…

Your Voices

Anonymous_40dc: For the ordinary rakyat, if we want to buy a house, we take a housing loan; and if we want to buy a car, we take a car loan.But for this Umno politician’s family, they were given a ‘cow loan’ from which they bought upmarket properties like housing lots in Putrajaya and luxury apartments, a luxury car, go on luxurious holidays, and pay themselves luxurious salaries.

No wonder, they are fighting for positions in Umno. This really reminds me of George Orwell’s ‘Animal Farm’.

Righteous: All of us normal people have to get mortgages from banks and pay our monthly instalments so that by the end of the loan, we pay about double for the property after interest.

The Umnoputras get huge sums given to them that they can just buy whatever they please, and now have the audacity to say it was an investment made by the company.

Sorry, but the money was not ever given for that purpose. If the government is handing out ‘soft’ loans for ‘investment’, I too would like to refinance my mortgage with government money.

Anonymous_4154: Can someone please enlighten me how disbursement of the funds can be made while the project viability studies is ongoing?

This is because I also want to use the mortgage approved by the bank to do something else while waiting for my S&P (sale and purchase agreement) to be signed.

Swkdayaks: It is good that minister Shahrizat Abdul Jalil stays in Umno. She will be the living symbol of what and how Umno has siphoned off taxpayers’ money.

And good that PM Najib Razak protects Shahrizat by keeping her in his cabinet. Umno politicians dare to be corrupt and steal our money because they are protected.

FellowMalaysian: Her three-week vacation which was meant to cool down public’s sentiment is up, but the situation remains smouldering like hot ambers with PKR threatening to reveal more skeletons in the closet.

Najib’s hope that her departure would help to assuage the intense public outcry has backfired and Shahrizat must be cringing at the thought of her return and having to face the mobster-like crowd again.

MACC (Malaysian Anti-Corruption Commission) is still keeping mum about its investigations and it looks like it will be another torrid time next week in the annals of Shahrizat’s NFC (National Feedlot Corporation) encounter.

Little Han2: Why is it that Shahrizat is returning to work when MACC has yet to complete its investigation? Has MACC been ‘bulled’ again?

Afamosa These Umno politicians are a real foolish lot. They don’t get the simple message that the biggest piece of the cake is eaten by the ones sitting on top. The ones below will only be getting the crumbs left behind.

But these greedy Umno politicians can wait for their turn to come so that they will get the big piece. They are not bothered whether the poor and needy Malays have enough food or clothing.

So long as their pockets are filled and they have nice clothes to wear, they don’t give a damn about others. And yet the middle and low-income Malays will vote for these thieves. Hopefully come this election, they will open their eyes and vote for change.

Cannon: Shahrizat, at the Umno general assembly, you rolled up your sleeves and challenged your critics to take you on.

The folks at PKR have risen to your challenge. Report to work and show us what you got. Umno is going to suffer death by a thousand cuts by your return.

Let’s work with Hasan Ali, says Kedah KitaTrumpet Call: The moment Kita associates itself with ex-Selangor exco Hasan Ali, then a lot of right-thinking moderate Malaysians will distance themselves from the party.

It will be a pariah organisation and it will be rejected just as Hasan is at the present moment. Only ultra-Malays and racists will join together with this ‘third force’ and it will be a platform for the radical Malay agenda at the expense of other races and religions.

Is this what Kita wants?

Dood: As they say, birds of a feather flock together. While you guys are at it, don’t forget to invite your other ‘non-partisan’ friends too, like Ibrahim Ali and his Perkasa outfit.

Appum: The third force, as we all know, is ABU (Anything but Umno-BN). So Kita (or whatever is left of it), Jati and Perkasa can join forces to become ‘the spent force’, to be made up of all the different types of dead ‘kayus’ (deadwood), to be led by a knucklehead, thereafter to die a withering death.

Mirror on the Wall: Zaid Ibrahim, while I respect you for apologising to PKR de facto leader Anwar Ibrahim, you failed to see that you are unable to control the Frankensteins you have created in Kita.

In fact, Kita may become a powerful impediment to Pakatan Rakyat’s march to Putrajaya. That, if it does happen, will be your doing. But let’s hope Kita collapses under the direction of these imbeciles.

2cts Worth: What a mighty conglomeration of ‘kataks’ – Kita and Jati. Why not Perkasa too? Unity is strength. Zamil Ibrahim, Ibrahim Ali and Hasan Ali – what a glorious combination.

James1067: There goes your name, Kita, as soon as the people have started to believe in you as the third force, you drop a bombshell.

Jati’s Hasan Ali plays dangerous religious politics. The best part is that he lies and considers himself religious. Humans may accept him for he may win some votes for BN, but God does not accept anyone who insults him.

Disgusted: You people in Kita can join Hasan Ali, Ibrahim Ali, RPK (Raja Petra Kamarudin) and all the ‘kataks’, and call yourselves a comedy court. You are all doomed together politically.

Kit P: Parti Kita to team up with Jati? This is a sick joke if they still pretend to be for reform. Jati is totally silent and blind to Umno’s malpractices and corruption

Umno’s interaction with “multiracial parties” has so far been with Anwar Ibrahim’s PKR – ostensibly a multiracial party but for the most part, an organisation filled with ship-jumping Umno rejects – and the Islamic PAS, often used as a bogeyman by Umno to keep the non-Muslims in line.That Umno considers PKR a threat to its power has more to do with the fact that it was always perceived to be the third moderate way of the Malay polity and not for any multiracial reasons.

Umno is fighting a battle on two fronts, against vocal liberal Malay voices of PKR and the more religious tones from PAS.

In both these cases, the fight for the Malay soul is confined within the Malay community and the non-Malays have been collateral damage in the ongoing shadow war that will determine the fate of this country.

So it should come as no surprise that Umno Youth chief Khairy Jamaluddin is concerned over the possible influx of moderate Malay voices into the routinely demonised DAP.

The ‘state’ of Malaysia today is due to non-Malays being subservient, Malays being fearful to be branded as traitors to their own race and religion, and a government since independence that is ever intrusive and instrumental in engineering fear and insecurity among its citizens.I must say these are the common theme and observation made when analysing the current situation.

Some questions: First, do you think the non-Malays dare and know how to be defiant, especially before the age of Internet and online media?

Lee Kuan Yew tried very hard to convince Malaysians that the model adopted by the Alliance government then was not workable and sustainable over the long run.

It took us more than 50 years to realise that we were on the wrong path and that also I am not sure, at this juncture, whether we are able to find the correct route.

Second, do you think the Malays are ready to change? Yes, many have become more educated and exposed, but they have also become more ‘indoctrinated’ over years by the state apparatuses.

I think I understand the sentiment of Pakatan Rakyat leaders by not going all out to dismantle the present ‘national ethos’ precisely because of Malays’ insecurity and parochialism.

It will take time to change incrementally and appreciate the benefits of being more cosmopolitan, inclusive and multicultural.

Anonymous_3hdchd: Spot on, Commander (Rtd) S Thayaparan. This is one of the best pieces I’ve read in a long time.

When I first came here 20 years ago, I was struck by my wife’s teenage Malay cousins (nice, well-spoken, football-loving kids) who were totally incapable of thinking outside religious and racial confines.

Any comment that deviated from orthodoxy was met with ‘cannot, cannot, lah’. These youngsters (i.e. those educated under the NEP dispensation from the mid-70s onwards) were shockingly conservative and victims of a narrow-minded, fear-based system.

Yes, ban the racist BTN (Biro Tatanegara) by all means, but the single biggest step toward progress would be to remove Agama classes from the schools and reduce the powers of ignorant ustaz who serve only to divide Malaysians into two distinct groups from the age of six onwards.

Paul Warren: Somewhere through the centuries, I believe the Malays had been inculcated with a faith system that ingrained in them a sense that Islam was to them a matter of personal believe and practice.

Hence you never heard of syariah-style impositions of the hudud law amongst them in the past. I stand corrected if I am wrong in that assertion.

However, somewhere along the way, power brokers discovered the elevation to the seats of power and authority lay in the simple invocation of a divine call.

Hence you find very little criticism coming from any Muslim of Hasan Ali’s claims that Islam in Malaysia is endangered. I suppose it is hard to criticise anyone speaking from the pulpit or in defense of Islam.

Some would say that the sermons read in mosques on the Friday before Anwar Ibrahim’s acquittal were contradictory to the founding of Islam itself as well as politically motivated, and yet there was very little criticism.

Of those who want Islam to be personalised, their voices are lull.

Blackknight: I beg to differ with many others who saluted this ‘great’ piece of writing. Thayaparan seems to imply that the non-Malays are equally responsible for the plight of the fear culture prevalent among the Malays.

It is their self-interest, arrogance, supremacist thinking and religious bigotry that has got the majority of the Malays to where they find themselves. They fell for the Umno social engineering hook, line and sinker because it catered to their self-interest.

Let it not be forgotten that Lim Guan Eng paid a heavy price when he dared step out of the confines that Umno under Dr Mahathir Mohamad had prescribed for DAP and other non-Malay political leaders.

He was sent to prison because he dared challenge the notion that only a Malay leader can defend a Malay against another Malay. And the likes of the MCA were rubbing their hands in glee.

Manjit Bhatia: Thayaparan can’t speak of the inculcation of the culture of fear without the parallel inculcation of the culture of abuse. Because without one, the other’s worthless.

For decades, Malaysians have been cowed by the culture of abuse foremost, so allowing for the culture of fear to flourish and co-exist. The culture of fear is the corollary of the culture of abuse.

Recall the 1969 race riots: fear didn’t come first; abuse (state violence) did. Fear became institutionalised once abuse was bedded down as the Umno regime’s ‘legitimate’ response to those who dared transcend the boundaries of regime-orchestrated fear.

Their manifestations, as the gatekeepers regime subservience and psychological conditioning of Malaysians, is found in the apparatus of state terror – the police, Special Branch, the Royal Malay Regiment (all Malays); in fact, the entire armed forces of the regime.

Matsalleh1: Thayaparan, what an interesting and thought-provoking article! Your style is not always very clear, if I may say so, and I fear that may do some disservice to your argument, which is excellent and convincing.

You have very accurately identified the great flaw in this otherwise so promising country. If Malaysians find the courage to tackle it, Malaysia will become what so many of us ‘mat salleh’ who have affection for the country know it can be.

But the country is far gone down a dangerous path and it won’t be easy – not at all. I hope readers will read you carefully.

Anonymous_3f35: This comment piece by Thayaparan beautifully articulated the cause of Malaysia’s problems and the pretty simple way to go forward, provided, yes, provided we have the courage to take on the forces of fear-mongering head on.

Shahrizat, like Caesar’s wife, must be above suspicion
Khairy and indeed others of his temperament should be concerned of the fact that more Malays could be embracing the DAP.This demonstrates that they feel no affinity for the religious brand of politics favoured by PAS or the strong whiff of Umno-ism emanating from PKR.They have chosen a third, more secular route. Now, by no means does this mean that they are abandoning their religious world view, merely that they don’t see their Islamic perspective threatened by the political framework of the DAP.

Special CBI court judge OP Sainihas given a refined definition of criminal conspiracy in the 2G scam case. His order delineates a criminal conspiracy and an act of innocence even if the latter means financial loss to the public exchequer.

Applying his definition, Saini ruled that Union home minister P Chidambaram was not part of a criminal conspiracy in the scam, and hence doesn’t need to be prosecuted.

“In a case of criminal conspiracy, the court has to see whether two persons are independently pursuing the same end or they are acting together in pursuit of an unlawful act. One may be acting innocently and other may be actuated by criminal intention. Innocuous, inadvertent or innocent acts do not make one party to the conspiracy,” Saini said in his order.

The court admits that “there is material on record” to show that Chidambaram agreed with A Raja about fixing the spectrum pricing at 2001 rate. “However, there is no material on record to show that P Chidambaram was acting mala-fide in fixing the price of spectrum at the 2001 level or in permitting dilution of equity by the two companies. These two acts are not per se illegal and there is no further material on record to show any other incriminating act on the part of P Chidambaram,” the judge said.

Saini said that even if a public servant’s decision leads to loss to exchequer or pecuniary advantage to someone it need not become criminal always. “A decision taken by a public servant does not become criminal for simple reason that it has caused loss to the public exchequer or resulted in pecuniary advantage to others,” he said.

“Merely attending meetings and taking decisions therein is not a criminal act. It must have the taint of use of corrupt or illegal means or abuse of his official position by public servant for obtaining pecuniary advantage by him for himself or for any other person or obtaining of pecuniary advantage by him without any public interest,” he said.

Saini argued that there was no material on record to suggest that Chidambaram was “acting with such corrupt or illegal motives or was in abuse of his official position, while consenting to the two decisions.”

“There is no evidence that he obtained any pecuniary advantage without any public interest. I may add that there is such incriminating material against other accused persons, who stand charged and are facing trial,” Saini said, drawing distinction between the accused Raja and others, and Chidambaram.

He pointed out that there was no evidence on record to suggest that there was an agreement between Chidambaram and Raja to subvert telecom policy and obtain pecuniary advantage for himself or for anyone else.

“A bit of evidence here and a bit there does not constitute prima-facie evidence for showing prima-facie existence of a criminal conspiracy. Anybody and everybody associated with a decision in any degree cannot be roped as an accused,” Saini said.

The judge said the role played by a decision maker, circumstances in which the decision was taken and the intention of the decision maker are all relevant facts.

In his judgment rejecting demand to prosecute Union home minister P Chidambaram in the 2G scam, Special CBI judge O P Saini raised five “crucial questions”. And they decided if Chidambaram is part of the criminal conspiracy. Answering them, Saini concluded, “Accordingly, I do not find any sufficient ground for proceeding against P Chidambaram.”
5 questions judge OP Saini raised
1. Whether entry fee for the UAS licences and the price of spectrum was jointly determined by A Raja and P Chidambaram?
2. Whether they have deliberately fixed a low entry fee, discovered in 2001 auction, for spectrum licences?
3. Whether P Chidambaram deliberately allowed dilution of equity by the two companies, that is, Swan Telecom (P) Limited and Unitech Wireless (Tamil Nadu) Limited?
4. If so, whether these facts prima-facie show criminal culpability of P Chidambaram along with A Raja?
5. Whether there is any material on record to show criminal culpability of P Chidambaram?
Shahrizat Abdul Jalil, who is scheduled to resume duties as Women, Family and Community Development Minister on Wednesday after three weeks’ leave, said today she is not afraid to face accusations over the National Feedlot Corporation (NFC) issue.The Wanita Umno chief said the allegations hurled at her have made her more spirited to face all kinds of tests.

“It’s okay. We are politicians. We become more spirited when we are subjected to tests,” she told reporters at an event to consolidate the Wanita BN election machinery in Beruas. The event was launched by Perak Menteri Besar Zambry Abdul Kadir.

Shahrizat was asked to comment on a statement by PKR director of strategy Rafizi Ramli that the party would greet Shahrizat’s return from leave with more revelations of alleged malpractices involving her family.

Shahrizat was faced with the issue of the NFC, helmed by her husband Mohamad Salleh Ismail, after the 2010 report of the auditor-general released last October stated that the NFC had failed to achieve its target.

The issue heated up after the opposition alleged irregularities over the RM250 million government allocation to NFC.

The National Feedlot Centre is a project in Gemas, Negeri Sembilan, aimed at boosting the production of beef to reduce dependence on import of the meat.

On Wanita Umno’s preparation to face the next general election, Shahrizat said she would ensure that the election machinery is always at the ready.
related articleAn Exposition of the Way in which Umno Women’s chief Shahrizat Jalil Discover the Faults in her Soul.

Umno Youth chief Khairy Jamaluddin’s challenge to the DAP to provide figures on the number of Malays joining the ranks of this centre-left party, not to mention Professor Khoo Kay Kim’s rather jaundiced view of Malay leftist as “non-freedom fighters”, is further evidence of the party’s desperate need to define what it means to be Malay, both historically and in the present.

Umno’s continuing efforts at creating the perception of a monolithic Malay polity has veered from the insidiously sophisticated to the downright crude.

Every facet of Malay life as projected by the state’s media propaganda organs has been to present the image of the Malays as a unified voting block raging against the liberal foreign ideas of the DAP, the eroding Islamic ideals of PAS or the immorality of Anwar Ibrahim.

THimpun placardshere is a reason why there is a state-sanctioned method of practicing Islam. There is a reason for the morality police. There is a reason for apostasy laws. There is a reason for marriage laws.

There is a reason why other religions are demonised. There is a reason why the Malay population has been indoctrinated to fear their fellow Malaysians. And the reason for this is simple.

What Umno desires, and has received for so many years, is total submission from the sizeable majority of the Malay population.

The recent Christian conversion controversy – that Christian proselytising is against the law in a supposedly multiethnic and multi-religious country is further evidence of the ruling regime’s fear of not only the diminishment of the role Islam in the public and private lives of Malays but their control of it – implies that a certain segment of the Malay population is not getting any part of the largesse that is supposed to trickle down to them and that they are more then willing to seek elsewhere the assistance they need.

Racial card not exclusively Malays

It has of course gone to ridiculous extremes as in the recent NFC (National Feedlot Corporation) fiasco where Ibrahim Ali and his ilk (bolstered by the right-wing state-controlled Malay mainstream press) suggest that an issue of corruption is really an issue of race and a racial provocation against the Malay community.

NONEThe fact that the alleged whistleblower has been identified as a non-Malay is par for the course in this country’s national political debate.

And let us (non-Malays) not assume the high road because we, too, have played the same racial card when it comes to the shenanigans of non-Malay political parties.

In any other functional democracy an investigation into a case of corporate and governmental malfeasance would be handled with the utmost impartial diligence or at least that’s the perception the powers-that-be would attempt to convey but here, the fact that the state responded in its usual fear-mongering fashion is an overt threat to non-Malays that they should never attempt to impose any accountability on the government or its financial policies, less they inadvertently start a racial incident.

However, these tactics are fast becoming obsolete since it was a predominantly Malay political party with the vocal backing of its non-Malay allies that first exposed this scandal and the very real fractures within the Malay community that Umno for so very long has been trying to hide or stamp out is being given expression on the national stage.

Professor Khoo’s interpretative stance when it comes to the contributions of the Malay left to the independence of this country may favour the Umno narrative but what the current debate proves is that the Malays even then were not some sort of monolithic entity bound by the same political ideology unlike what our state-coddled history professors teach us.

Professor Khoo uses the tired old clichés of communism (anti-religion) and world domination (conveniently forgetting that we were a British colony) to misinterpret a polychromatic Malay left to bolster the narrative that only the Umno-led coalition and the so-called social contract ensured our independence and political and social stability.

Constitutionally-created Malays

Readers’ interested in a sympathetic perspective of the diverse nature of the Malay left of a pre- and post-colonial Malaya should read Said Zahari’s memoir, ‘Dark Clouds at Dawn‘, to understand how even elements in the British colonial establishment considered a paper like Utusan Melayu a “pinko” or “red” newspaper, a charge vigorously denied by then editor Zahari.

said zahari 090106 talkingThe very fact that a certain segment of the Malay-Muslim population were not hostile to the so-called liberal concepts of self-determination, social justice and fair play – as though such concepts are anathema to Islam – is evidence enough of the ideologically diverse nature of a pre-independence Malay community. A community as yet infected by the propaganda of BTN (Biro Tatanegara) and the stranglehold of a federal government.

If the concept of what constitutes a Malay is complex historically with different connotations of culture as exemplified by the various different traditions and mindsets of various states, is added to these days’ constitutionally-created Malays, the mix becomes more explosive.

As I have argued before, the concept of Malay has changed so dramatically over the years through the social engineering agenda of Umno, these days it would be easier for the divergent forms of political and religious ideologies which manifest in the Malay community, to further fracture the concept of ‘Ketuanan Melayu’ and in the end, the Umno choke hold.

The shortsightedness in the creation of constitutionally-created Malays will have severe repercussions on Umno and in the end, the country.

For the former, it will be the gradual erosion of influence of the so-called “authentic Malay”, a topic of conversation that seems to be de rigueur in the hushed confines of the mosques but more importantly, the corridors of power.

The not-so-recent inclusion of Malaysian Muslim Congress (Kima) as a non-voting member of Umno is like the recognition bestowed on an unwanted child born out of wedlock.

Possible sectarian violence
And let’s not forget the Indonesians, Burmese and Filipinos that have been granted the status of Malays outside the Umno-controlled peninsula and we have a situation pregnant with the possibility of some sort of national renunciation.

orang asli protest in putrajaya 170310Meanwhile, the Orang Asli who have long been denied the benefits and privileges accorded to the bumiputera, will continue to be ignored by mainstream political parties until they organise into a cohesive political force which would further tensions within the Malay community.

The consequences for the country will of course be dire. Not only will there be sectarian violence within the Malay community but most probably as has been documented in various parts of the Muslim world, the nature of the conflict will be religious based.

If we are lucky it would be between two extremes, but the reality will probably be that non-Malays will either have to leave this country or latch on to whichever side that offers the least subservient role.

Khairy and indeed others of his temperament should be concerned of the fact that more Malays could be embracing the DAP.This demonstrates that they feel no affinity for the religious brand of politics favoured by PAS or the strong whiff of Umno-ism emanating from PKR.They have chosen a third, more secular route. Now, by no means does this mean that they are abandoning their religious world view, merely that they don’t see their Islamic perspective threatened by the political framework of the DAP.Fear has been the primary weapon for social and economical cohesion in Malaysia, and religion or more accurately Islam has been the ‘keris’ – either sheathed or unsheathed – that has reminded us of our place in the natural order of the BN-constructed reality.

The politically-motivated acquittal of Opposition Leader Anwar Ibrahim on his politically-motivated charges has brought on the real possibility of a new era of government comprised of a contentious group of political, racial, social, economical, but most importantly, religious interests.
If it truly is to be a Malaysia for all Malaysians regardless of race or religion, we have to understand Islam and why we have come to fear it. And we are not alone.
All over the world there is a deep undercurrent of discontent when it comes to Islam and this cannot be merely dismissed as the angst induced by right-wing or nationalistic propaganda. I say “we” because I am not merely referring to non-Muslims but also to Muslims.If the non-Muslim fears to speak out when his or her rights are trampled on for fear of the repercussions, so it is for the Muslim who fears to speak out in case he is labeled a traitor to his religion or worse.Fear is the commonality and it binds both believer and non-believer alike…

Your Voices

Anonymous_40dc: For the ordinary rakyat, if we want to buy a house, we take a housing loan; and if we want to buy a car, we take a car loan.But for this Umno politician’s family, they were given a ‘cow loan’ from which they bought upmarket properties like housing lots in Putrajaya and luxury apartments, a luxury car, go on luxurious holidays, and pay themselves luxurious salaries.

No wonder, they are fighting for positions in Umno. This really reminds me of George Orwell’s ‘Animal Farm’.

Righteous: All of us normal people have to get mortgages from banks and pay our monthly instalments so that by the end of the loan, we pay about double for the property after interest.

The Umnoputras get huge sums given to them that they can just buy whatever they please, and now have the audacity to say it was an investment made by the company.

Sorry, but the money was not ever given for that purpose. If the government is handing out ‘soft’ loans for ‘investment’, I too would like to refinance my mortgage with government money.

Anonymous_4154: Can someone please enlighten me how disbursement of the funds can be made while the project viability studies is ongoing?

This is because I also want to use the mortgage approved by the bank to do something else while waiting for my S&P (sale and purchase agreement) to be signed.

Swkdayaks: It is good that minister Shahrizat Abdul Jalil stays in Umno. She will be the living symbol of what and how Umno has siphoned off taxpayers’ money.

And good that PM Najib Razak protects Shahrizat by keeping her in his cabinet. Umno politicians dare to be corrupt and steal our money because they are protected.

FellowMalaysian: Her three-week vacation which was meant to cool down public’s sentiment is up, but the situation remains smouldering like hot ambers with PKR threatening to reveal more skeletons in the closet.

Najib’s hope that her departure would help to assuage the intense public outcry has backfired and Shahrizat must be cringing at the thought of her return and having to face the mobster-like crowd again.

MACC (Malaysian Anti-Corruption Commission) is still keeping mum about its investigations and it looks like it will be another torrid time next week in the annals of Shahrizat’s NFC (National Feedlot Corporation) encounter.

Little Han2: Why is it that Shahrizat is returning to work when MACC has yet to complete its investigation? Has MACC been ‘bulled’ again?

Afamosa These Umno politicians are a real foolish lot. They don’t get the simple message that the biggest piece of the cake is eaten by the ones sitting on top. The ones below will only be getting the crumbs left behind.

But these greedy Umno politicians can wait for their turn to come so that they will get the big piece. They are not bothered whether the poor and needy Malays have enough food or clothing.

So long as their pockets are filled and they have nice clothes to wear, they don’t give a damn about others. And yet the middle and low-income Malays will vote for these thieves. Hopefully come this election, they will open their eyes and vote for change.

Cannon: Shahrizat, at the Umno general assembly, you rolled up your sleeves and challenged your critics to take you on.

The folks at PKR have risen to your challenge. Report to work and show us what you got. Umno is going to suffer death by a thousand cuts by your return.

Let’s work with Hasan Ali, says Kedah KitaTrumpet Call: The moment Kita associates itself with ex-Selangor exco Hasan Ali, then a lot of right-thinking moderate Malaysians will distance themselves from the party.

It will be a pariah organisation and it will be rejected just as Hasan is at the present moment. Only ultra-Malays and racists will join together with this ‘third force’ and it will be a platform for the radical Malay agenda at the expense of other races and religions.

Is this what Kita wants?

Dood: As they say, birds of a feather flock together. While you guys are at it, don’t forget to invite your other ‘non-partisan’ friends too, like Ibrahim Ali and his Perkasa outfit.

Appum: The third force, as we all know, is ABU (Anything but Umno-BN). So Kita (or whatever is left of it), Jati and Perkasa can join forces to become ‘the spent force’, to be made up of all the different types of dead ‘kayus’ (deadwood), to be led by a knucklehead, thereafter to die a withering death.

Mirror on the Wall: Zaid Ibrahim, while I respect you for apologising to PKR de facto leader Anwar Ibrahim, you failed to see that you are unable to control the Frankensteins you have created in Kita.

In fact, Kita may become a powerful impediment to Pakatan Rakyat’s march to Putrajaya. That, if it does happen, will be your doing. But let’s hope Kita collapses under the direction of these imbeciles.

2cts Worth: What a mighty conglomeration of ‘kataks’ – Kita and Jati. Why not Perkasa too? Unity is strength. Zamil Ibrahim, Ibrahim Ali and Hasan Ali – what a glorious combination.

James1067: There goes your name, Kita, as soon as the people have started to believe in you as the third force, you drop a bombshell.

Jati’s Hasan Ali plays dangerous religious politics. The best part is that he lies and considers himself religious. Humans may accept him for he may win some votes for BN, but God does not accept anyone who insults him.

Disgusted: You people in Kita can join Hasan Ali, Ibrahim Ali, RPK (Raja Petra Kamarudin) and all the ‘kataks’, and call yourselves a comedy court. You are all doomed together politically.

Kit P: Parti Kita to team up with Jati? This is a sick joke if they still pretend to be for reform. Jati is totally silent and blind to Umno’s malpractices and corruption

Umno’s interaction with “multiracial parties” has so far been with Anwar Ibrahim’s PKR – ostensibly a multiracial party but for the most part, an organisation filled with ship-jumping Umno rejects – and the Islamic PAS, often used as a bogeyman by Umno to keep the non-Muslims in line.That Umno considers PKR a threat to its power has more to do with the fact that it was always perceived to be the third moderate way of the Malay polity and not for any multiracial reasons.

Umno is fighting a battle on two fronts, against vocal liberal Malay voices of PKR and the more religious tones from PAS.

In both these cases, the fight for the Malay soul is confined within the Malay community and the non-Malays have been collateral damage in the ongoing shadow war that will determine the fate of this country.

So it should come as no surprise that Umno Youth chief Khairy Jamaluddin is concerned over the possible influx of moderate Malay voices into the routinely demonised DAP.

The ‘state’ of Malaysia today is due to non-Malays being subservient, Malays being fearful to be branded as traitors to their own race and religion, and a government since independence that is ever intrusive and instrumental in engineering fear and insecurity among its citizens.I must say these are the common theme and observation made when analysing the current situation.

Some questions: First, do you think the non-Malays dare and know how to be defiant, especially before the age of Internet and online media?

Lee Kuan Yew tried very hard to convince Malaysians that the model adopted by the Alliance government then was not workable and sustainable over the long run.

It took us more than 50 years to realise that we were on the wrong path and that also I am not sure, at this juncture, whether we are able to find the correct route.

Second, do you think the Malays are ready to change? Yes, many have become more educated and exposed, but they have also become more ‘indoctrinated’ over years by the state apparatuses.

I think I understand the sentiment of Pakatan Rakyat leaders by not going all out to dismantle the present ‘national ethos’ precisely because of Malays’ insecurity and parochialism.

It will take time to change incrementally and appreciate the benefits of being more cosmopolitan, inclusive and multicultural.

Anonymous_3hdchd: Spot on, Commander (Rtd) S Thayaparan. This is one of the best pieces I’ve read in a long time.

When I first came here 20 years ago, I was struck by my wife’s teenage Malay cousins (nice, well-spoken, football-loving kids) who were totally incapable of thinking outside religious and racial confines.

Any comment that deviated from orthodoxy was met with ‘cannot, cannot, lah’. These youngsters (i.e. those educated under the NEP dispensation from the mid-70s onwards) were shockingly conservative and victims of a narrow-minded, fear-based system.

Yes, ban the racist BTN (Biro Tatanegara) by all means, but the single biggest step toward progress would be to remove Agama classes from the schools and reduce the powers of ignorant ustaz who serve only to divide Malaysians into two distinct groups from the age of six onwards.

Paul Warren: Somewhere through the centuries, I believe the Malays had been inculcated with a faith system that ingrained in them a sense that Islam was to them a matter of personal believe and practice.

Hence you never heard of syariah-style impositions of the hudud law amongst them in the past. I stand corrected if I am wrong in that assertion.

However, somewhere along the way, power brokers discovered the elevation to the seats of power and authority lay in the simple invocation of a divine call.

Hence you find very little criticism coming from any Muslim of Hasan Ali’s claims that Islam in Malaysia is endangered. I suppose it is hard to criticise anyone speaking from the pulpit or in defense of Islam.

Some would say that the sermons read in mosques on the Friday before Anwar Ibrahim’s acquittal were contradictory to the founding of Islam itself as well as politically motivated, and yet there was very little criticism.

Of those who want Islam to be personalised, their voices are lull.

Blackknight: I beg to differ with many others who saluted this ‘great’ piece of writing. Thayaparan seems to imply that the non-Malays are equally responsible for the plight of the fear culture prevalent among the Malays.

It is their self-interest, arrogance, supremacist thinking and religious bigotry that has got the majority of the Malays to where they find themselves. They fell for the Umno social engineering hook, line and sinker because it catered to their self-interest.

Let it not be forgotten that Lim Guan Eng paid a heavy price when he dared step out of the confines that Umno under Dr Mahathir Mohamad had prescribed for DAP and other non-Malay political leaders.

He was sent to prison because he dared challenge the notion that only a Malay leader can defend a Malay against another Malay. And the likes of the MCA were rubbing their hands in glee.

Manjit Bhatia: Thayaparan can’t speak of the inculcation of the culture of fear without the parallel inculcation of the culture of abuse. Because without one, the other’s worthless.

For decades, Malaysians have been cowed by the culture of abuse foremost, so allowing for the culture of fear to flourish and co-exist. The culture of fear is the corollary of the culture of abuse.

Recall the 1969 race riots: fear didn’t come first; abuse (state violence) did. Fear became institutionalised once abuse was bedded down as the Umno regime’s ‘legitimate’ response to those who dared transcend the boundaries of regime-orchestrated fear.

Their manifestations, as the gatekeepers regime subservience and psychological conditioning of Malaysians, is found in the apparatus of state terror – the police, Special Branch, the Royal Malay Regiment (all Malays); in fact, the entire armed forces of the regime.

Matsalleh1: Thayaparan, what an interesting and thought-provoking article! Your style is not always very clear, if I may say so, and I fear that may do some disservice to your argument, which is excellent and convincing.

You have very accurately identified the great flaw in this otherwise so promising country. If Malaysians find the courage to tackle it, Malaysia will become what so many of us ‘mat salleh’ who have affection for the country know it can be.

But the country is far gone down a dangerous path and it won’t be easy – not at all. I hope readers will read you carefully.

Anonymous_3f35: This comment piece by Thayaparan beautifully articulated the cause of Malaysia’s problems and the pretty simple way to go forward, provided, yes, provided we have the courage to take on the forces of fear-mongering head on.

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