The Week That Was

The week that was

As we continue to battle Covid-19 pandemic, and seems to be winning, we continue to meet a brick wall or a concrete wall to battle another pandemic, corruption. Corruption is defined in the Malaysian Anti-Corruption Act 2009 (MACC Act 2009) (Act 694) as :

1. Soliciting/Receiving Gratification (Bribe) [section 16 & 17(a) MACC Act 2009]

2. Offering/Giving Gratification (Bribe) [section 17(b) MACC Act 2009]

3. Intending to Deceive (False Claim) [Section 18 MACC Act 2009]

4. Using Office or Position for Gratification (Bribe) (Abuse of Power/Position) [Section 23 MACC Act 2009]

PM8 has been charged under this, specifically number 4. He has also been charged with money-laundering. What is money laundering? Simply put, it's the act of hiding or legitimising funds that have questionable sources. Some of his team members were similarly charged.

Is it correct? Well, they have been arrested and they have been charged in court, what's next will be answered in court. The prosecution needs to establish a prima facie case against them. What's prima facie?

The word 'prima facie' is integral in criminal proceedings of Malaysia (Criminal Procedure Code – Act 593 – hereinafter referred to as CPC) which means that the prosecution has adduced credible evidence proving each ingredient of the offence which if unrebutted or unexplained would warrant a conviction.

Once prosecution has established credible evidence, it is up to the defendants or the accused to rebut the evidence. If prosecution fails, the case will be dismissed, and the accused will be released. If the judge deems that prima facie case has been established, they will then go to trial. It will then come to whose evidence is more overwhelming that will lead to a judgment of guilty or not guilty.

With my legal background, I can't help to spend a little time to explain. Now, let's talk politics.

Will this lead to a drop-in support for PM8 and his ilk? I don't think so. For now, the story will be about selective prosecution and persecution. The claim will be about a plot to foil any plans by PN to threaten the present Unity Government. The narrative will be that it is all about politics. That the UG is worried that the Green Wave will continue and capture Selangor next and even cause a dent into Penang.

It's not a bad narrative and seemingly UG are playing into the hands of PN. It's almost 4 months before the state elections for Selangor, Penang, Negeri Sembilan, Kelantan, Terengganu and Kedah. 4 months is a long time in politics. If suddenly the legal process is hastened, it will seem that some unseen hands are manipulating behind the scenes. If nothing happens until the State Elections, it may work in UG's favour in that they might be too occupied preparing for their trial. On the other hand, enough voters may be convinced that there is some of persecution involved eroding their existing influence.

In addition to this, the Green Wave's idol is being prevented from holding his religious lecture, the strange thing is that he's been prevented to do so in a PAS held state. What's going on there? Previously, a PAS MP actually criticised a project calling it a white elephant, seemingly oblivious that it's a State project in Kelantan and criticising that means criticising the State and in extension the MB. Or maybe it's been done on purpose? Are we seeing a split in the Green Wave?

The split in UMNO has been stemmed for now, with the sacking and the suspension. The wings' election didn't spring many surprises, the President's men and women, won. Chances of a mutiny has been thwarted, thus the DPM is still safe for now. But what of his court case(s)? For now, PMX doesn't look too perturbed. Unfortunately, though, hairline cracks can be seen where the people's opinions are concerned. That need to be addressed. Generally speaking, economic issues, costs of living, quality of education is still a sore point with the people. The battle against corruption too is a little strange with the DPM by his side and the continuing presence of the MACC Chief that a few moments before were subjected to many criticisms and ridicule.

What's next? PMX has passed his first milestone, the 100 days in office. People are expecting a revolution, in line with his reputation, not an evolution nor an organic development. Will it happen? There are a few court cases that will be proceeding; that may be enough to whet some people's appetite.

I am not expecting anything earth shaking, just waiting for the State elections, and even then, I am not seeing any major changes, probably some inroads into Kelantan, Terengganu, BN is trying to recapture that, but they don't have any compelling MB candidate that can capture the 18 plus group. Kedah? Some dissatisfaction with the present MB. Will it translate to a change of government? With the current Green Wave, probably not. Negeri Sembilan, most likely remains PH. Penang and Selangor? Some inroads but government remains the same. So, same old, same old.

What are your thoughts?