Tuesday, March 8, 2016

GOVERNMENT SECRETS


As posted by Dr. Mahathir Mohamad at Che Det on March 07, 2016

1. The A.G. would like the punishment for people who leak Government secrets to be caned and jailed for life.

2. It tells of a very primitive mind and is unIslamic. The Quran repeatedly enjoins upon Muslims to judge with justice. The punishment should fit the crime. It should not be excessive. Even for your foes you have to judge with justice, if you are guided by the teachings of the Quran.

3. But I am not going to complain about his primitive mind. I am questioning whether Najib with 2.6 Billion Ringgit in his personal and private accounts is doing his work as Prime Minister. Is it in his terms of reference to acquire secret funds and keep it in his personal accounts. No Prime Minister of Malaysia has ever done this.

4. In Government there are procedures and rules for receiving and handling funds. Najib has not abided by these rules. In fact he admits that the money is a gift to him personally, not to the Government. He did not inform the Government authorities about the money. It is in fact a secret from the Government. He seems not to have paid taxes on this money. Clearly the possession and management of this RM2.6 billion is not part of his work as Prime Minister of Malaysia.

5. The money is therefore not a Government secret which is protected by the Official Secrets Act. The reports by Bank Negara and the Malaysian Anti-Corruption Commission are therefore about wrong-doings involving Najib as a person while in the Government. Such wrong-doings must be investigated and reported by the relevant authorities so that appropriate actions can be taken according to the laws of the country.

6. The police and other enforcement authorities must act and investigate the reports. Not doing so would be a dereliction of duty. Covering up would be a crime.


7. The A.G. has the right to decide whether a case should go to the courts or not. That right should be exercised with due consideration for the elements involved in the cases and public concern about them. All sides should be heard. And this can only be done in a court of law. Judgement by the A.G. simply by reading the reports is a denial of justice, is frivolous and unjust, especially when the reports are made by credible and established institutions. What the A.G. has done is to damage the credibility of an institution of governance and a part of the judicial system of this country.

8. The OSA is not meant to make a secret of criminal acts perpetrated by officers and employees of the Government. Such criminal acts are not above the law. They should be investigated by the authorities and be put before a court.

9. Instead the person reporting on the alleged wrong-doings by Najib, was arrested together with his lawyer, detained and charged in court.

10. When the A.G. prefers a charge on anyone, the law must fit the crime. When the charge does not fit the allege crime, so much so that the presiding judge dismissed the case, the A.G. loses his credibility. And along with it goes the judicial system.

11. Now the A.G. wants to appeal against the decision of the judge. Should the A.G. win, the institution would lose respect and acceptance by the people.

12. If the A.G. wishes to regain his credibility he should clarify whether he considers crimes perpetrated by officers of Governments are considered as Government secrets which must be hidden and protected by the Official Secrets Act or not.