COMING IN FROM THE COLD
In 2011 in a highly controversial article in GRK we reported that Waythamurthi had been negotiating with government for his safe return to Malaysia. We also reported of the overtures Raja Petra Kamaruddin the mercurial and narcissistic blogger had been making overtures to government of Malaysia intermediaries for his safe return to Malaysia.
A few weeks ago it was reported that Waythamurthi returned to Malaysia via Johore Bahru. His return was uneventful. His office, Hindraf and Waythamurthi himself had long denied any overtures to government were made or that he was likely to strike any deal with the Malaysian government for his return.
THE RUNAWAY PRINCE A PRODIGAL SON
We have learned recently that Raja Petra Kamaruddin better known by the acronym RPK, is to return to Malaysia. RPK is reported to have concluded a deal with government he has been negotiating for sometime in exile to secure his return to Malaysia.
What is not known though is whether the deal struck between government and RPK will allow RPK to return to Malaysia prior to the next general elections. The next general elections, Malaysia’s 13th since it gained independence from the UK is due to be held on or before April 2013. It is not known whether RPK’s return will be postponed till after the event.
What is not also known are the finer details of the deal. Whether RPK will face court on a number of outstanding charges against him including several of criminal defamation and the more serious charges of contempt may well be part of the deal between RPK and government. The charges of contempt were contemplated or even laid by prosecutors prior to RPK’s hasty departure for the United Kingdom in 2010.
The government’s reasons for agreeing to allow RPK to return to Malaysia though are clear. From what we know they are not too dissimilar to the reasons that paved the way for a deal that allowed the Hindraf former exile Waythamurthi to return to Malaysia recently. But there is a quid pro quo.
ALL IS FORGIVEN- BUT AT A PRICE
As has also been widely known for sometime there has been a gradual ‘drip feeding’ of vital information to government about the structure and identity of key individuals within the opposition and their affiliated groups. The ‘drip feed’ comes from well cultivated and strategically placed insiders in each of the opposition led organizations. They include the Malaysian Bar, Bersih and PKR as well as the many so called NGO’s.
The Catholic church and its allies have also provided a rich vein of insider information through carefully placed informers within the church. It appears that God does work in strange and mysterious ways. The result is a long list of individuals and organizations perceived to be threats to the peace stability and security of the country. And there is good reason for that perception. Many on this list are tied to the objective of the overthrow of government outside the ballot box.
Groups like Bersih are long known to have been connected to foreign governments and their covert operating units in the Asia Pacific region. The structure and operational strategies of many of these groups are now intimately known to government and its intelligence apparatus. Information obtained by government connects specific individuals directly with foreign governments, the so called “NGO’s” and their hidden agendas, the overthrow of the Barisan government.
Much of the funding and technical assistance supplied to local branches of foreign NGO’s, opposition political parties, the alternative and social media to disrupt local politics has a distinct European (EU) and American tinge to it. The list is said to cut across a very wide spectrum of government. The list includes public servants, the diplomatic corps and the judiciary.
Sadly top tier foreign universities from Harvard, the University of London, Melbourne, the University of New South Wales and Monash universitiy have also been identified as a training ground and host for the operations of the more sinister of these groups like the Neo Cons in Washington.
What is referred to as The list is highly classified and detailed report about cladestine anti government activities locally and abroad now in government hands. In it are listed the names of high ranking public servants. As expected, members of the Malaysian Bar, the Churches and a number of judges sitting and retired feature prominently in that list. Each is identified as having participated in one way or the other in attempts to overthrow government in Malaysia. All of the named are said to be either directly or indirectly connected to foreign organizations connected to foreign governments with a specific agenda for the region. The creation of client states.
More disturbing to government is the identity of two mid ranking diplomats currently serving at major diplomatic stations abroad. Their activities have been the subject of close scrutiny by government for sometime following ‘disclosures’ by former anti government operatives living locally and abroad. The information on suspects provided in detail by exiles and active members of opposition groups who have ‘turned coat’.
Reasons believed to have been given by insider informants for turning coat against their former colleagues we are told is that many are said to have become disillusioned and disatissfied with the very elitist, exclusive manner in which many of these opposition groups and NGO’s operate.
Many within believe opposition groups have become personal feifdoms and are treated like the private enterprise of its leaders. Ambiga, Waythamurthi, Guan Eng and Anwar are but 4 of the main examples cited for the proposition. The level of foreign penetration in Malaysia’s opposition aimed at destabilising government is quite extensive it appears.
Singapore thankfully in its own interests has identified, interviewed and managed to contain informers from within NGO’s, Bersih, PKR at a very high level. Many of these informers, officers of each of these groups have been compromised into providing critical information to Singapore’s intelligence agencies. These informants are from within many of the Malaysian opposition groups and NGO’s operating in the region. There are some, foreigners who have since been deported. Needless to say such information gathering by Singpore would be incomplete without a fair share of Malaysian government informants amongst them as well.
A CHILL WIND BLOWING THE FIRES OF CHANGE
The recent failures of USAID and various other ‘cover’ organizations such as Civil Societies in the middle east, where they have promoted radical change through funding street demonstrations has forced the US to rethink its strategies for fostering violent change worldwide. Sources within the Obama administration have begun to speculate about a new role for Hillary Clinton after the November elections there.
The British appear at least for now to have altered course from supporting the raft of opposition groups in Malaysia agitating for undemocratic overthrow of government to maintaining the status quo. No one is saying so officially of course. The conduct of the British establishment towards Malaysian opposition groups residing in London has somewhat chilled in recent months. Australia too must be considering a rethink if it hasn’t alread done so. Having failed in the Solomon Islands, Papua New Guinea and Indonesia, their Malaysian adventures appear to alienate them from the more progressive elements in the region.
The killing of US Ambassador to Libya last week has forced a re think of the US strategy of creating “springs” much like Mao’s cultural revolution uprisings in far flung reaches of the globe. Their gamble in this regard has not paid off. In fact it has failed dismally with the “street revolutions” in each of Egypt, Libya, Syria and Tunisia all having turned against US interests of late.
The hands of the US government are tied. Government is paralysed in the run up to the presidential elections this year. Their miscalculation of the Arab Spring is politically too sensitive and embarassing to the extent no one on either side of the political divide in the US wants to own up to it.
The US response to ‘friendly Arab opposition movements’ once funded by them turning against them has been muted for the same reason. They are unable to act. The damage in anti American sentiment has spread worldwide beyond the middle east. The latest victim of their misadventure is the driver of their funding to foreign groups USAID. Russian president Vladmir Putin has ordered the organization shut down and its operatives out of Russia forthwith.
JUDICIAL INDEPENDENCE- A CAN OF WORMS
When RPK (and Anwar Ibrahim) made much of the Lingham tapes, little did RPK and his handlers in the Malaysian Bar and Bersih realise that he had prized open a vital avenue for government to investigate and clean up the judiciary. Many within the ranks of judges are believed to be members and supporters of the oppostion and foreign interests.
There were no surprises it seems when names in the ‘drip feed’ list of ‘RPK’ and those NGO’s with links to USAID were put to a government official recently. The Malaysian government appears to have covered this sector quite thoroughly from the responses the official provided us on condition of anonymity.
Inflitration of each of these groups by government has been highly efficient and productive. Organization structural weaknesses in particular eltism and exclusivity has damaged many of these groups from Bersih, the DAP, Aliran. The Christian churches have fared no better.
PKR has had its own share of disasters of its own making rendering it an ineffective partner in the oppostion movement. But the RPK revelations led to more information being available by Ambiga’s own indiscretions in the media and those of one of her close confidants in a leak to a government handler.
Out of this treasure trove of information from RPK and others like him comes the most astonishing revelation. At the beating heart of opposition corruption is a core of individuals many would have little suspected of being as malleable, fickle and tradeable a comodity as the judiciary. Within their ranks government has uncovered a rotten core. A group whose purpose is to frustrate the government at every turn and make governing the country difficult bfore the next elections.
What has long been suspected about the involvement of the judiciary in foreign funded opposition groups is now confirmed. Suspects include sitting and retired judges who are active on the political and judicial circuits with the objective of undermining government.
JUDGE SHOPPING – WHAT PRICE A FAVOURABLE DECISION?
Apparently a major problem and some say a common practice amongst Malaysia’s most prominent law firms is the practice of Judge shopping. Identified in the list of judicial officers involved in this practice are high profile judges who continue to maintain direct contact with their handlers and whose activities on the bench go dangerously beyond the scope of their work and the power and duties of their office.
The practice of judge shopping was confirmed by Waythamurthi and some others within the legal profession. The whistle blew when Ambiga, refused Hindraf legal aid from the Malaysian Bar to members of Hindraf following their arrrest and detention under the ISA in 2007. Each of these Hindraf detainees were entitled to but denied legal representation by the Malaysian Bar on Ambiga’s express instructions.
That denial of their legal rights by the Malaysian Bar appears to have been the catalyst that precipitated a major backlach against the likes of Bersih, the Malaysian Bar and the opposition to government in Malaysia in general. The government realising there was a chasm created by the Bar went to work on deepening the divide.
Ambiga’s own conduct as a legal practitioner has for some time now been under scrutiny. And there is much to write about her conduct, performance and capabilities as a lawyer during her time as chairperson of the Malaysian Bar, prior to and subsequent. Her nexus to certain members of the judiciary then when she worked at a particular top tier firm in Malaysia too has drawn a lot of attention and criticism although the criticism has for some time been muted.
Judges under investigation today for involvement in the practice include at least 4 judges from the ranks of 3 very prominent law firms in Malaysia. These firms are known to maintain close connections to sitting judges who have risen to the bench from their ranks. The many decisions of each of these judges are equally well documented and the subject of independent analysis to prove they may have favoured clients of their former employers, the major law firms over others in litigation in disregard for fairness, equity or legal principles.
Judge and jurisdiction shopping is a common practice with large law firms and certain practitioners within the Malaysian Bar. Typically this practice involves lawyers manipulating daily law lists in the court registries to have their matters brought before and tried by “preferred judges”. Preferred judes being judges familiar or known to a particular lawyer requiring his services.
Interestingly it is known now that judge shopping has been a source of overt funding for the opposition groups in Malaysia as well. Through the practice of judge shopping and ‘judicial favours’ from the bench, the pay offs that ensue flow on to fund ‘NGO’s , select members of the Malaysian Bar, compliant the judicial officers and other agitators engaging in anti government activities.
Many of the participants in this regard and their families it is believed have received benefits as scholarships to study in the UK, Australia and the US as incentives to remain within the groups. None of these scholarships being Malaysian government scholarships.
THE BEST JUDGES MONEY CAN BUY
There is apparently nothing subtle about the misconduct of these judges and the conduct of the law firms that support them. The practice has been widespread for sometime now that it has become very much a part of the legal establishment in Malaysia. We have been provided access to at least half a dozen cases, complete with transcripts, pleadings, evidence, witness statements and judgements all of which go to support the proposition that judge shopping and judicial favours to large law firms are more than the suspicion of disgruntled litigants. It appears to be common practice in Malaysia.
Interestingly Raja Petra Kamaruddin himself boasted of his knowledge of this practice yet failed to pursue the subject further on his blog. It appears that his omissions in this regard may have been cured or corrected by the man by other means. The elitism of many within the bulge bracket firms and support for it by judges who favour them in court appears for now at least to be resisted by a growing number of lawyers if for no other reason than for its economic impact on their livelihoods.
There are a number very high profile commercial cases that appear to have been the product of judge shopping. Lawyers in Kuala Lumpur, Johore Bahru and in the Kelang Valley who did not wish to be named, readily identified judges, individual cases in which judge shopping and judicial favours may have been involved and benefits given to clients of the larger law firms where individual judges had served as lawyers before coming to the bench.
A group of these lawyers have requested we pursue the problem further with them. Again the activities of the Raja and others like Hindraf may have been instrumental in leading government agencies to uncover and subsequently investigate the practice.
In deference to government’s on- going investigations into this matter we will not be publishing the identities of those judicial officers identified in a recently leaked document to government.
BUT WHO AMONGST US?
“Among the best traitors Ireland has ever had, Mother Church ranks at the very top, a massive obstacle in the path to equality and freedom. She has been a force for conservatism… to ward off threats to her own security and influence“.
The Church has always seemingly been at the forefront of change. But not for the reasons of justice, fairness or equalit as one might think. The IRA struggle against Britain is perhaps an great example of a betrayal of the struggle of the Catholics in Ireland by the Church.
MONEY CAN’T BUY ME LOVE
On the list of suspected corrupt judges in Malaysia is a prominent serving High Court of Malaysia judge. The judge who is known to have presided over a highly controversial public inquiry recently is not only identified for his alleged involvement in some of these anti government activities behind the scenes, but also sadly because of the company he keeps. But he is also one of a number of judges recently found to be engaging in “judicial activism”.
More interesting is the case of a prominent former judge of the High Court of Malaysia from a northern constituency (Perak) whose extra marital affairs has resulted in his own family supplying valuable intelligence on his personal life to government. That information we understand contains intimate details about this former judge’s many trysts with members of the underworld, acting sometimes as a go between.
Amongst the allegations of this particular former judges indiscretions include his having acted as liason between litigants (underworld figures and large corporations) and other members of the Malaysian judiciary during his tenure as a judge. It is widely believed that the man continues to offer his services in this regard for reward liasing with at least one sitting judge in a recent matter.
The particular informant member of the ex judge’s family asserts, the judge’s conduct in this regard was motivated for pecuniary and personal gain, to support a lavish lifestyle. The judge it is suggested had become involved with a number of mistresses, was fond of gambling. It is further alleged he had become captive to a number of high profile individuals in corporate and underworld circles for favours received in the past. However it was his infidelity and his mistresses that “broke the camel’s back” enraging his family enough for at least one member to come forward and disclose details of his other life away from the bench.
IN DARK CORNERS OF THE KNIGHTS
Closely linked to this judge is a former Court of Appeals judge who remains in public practice though retired from the bench. His activities are well documented by government to include his advises to Bersih and to Parti Keadilan Rakyat amongst other opposition organizations. However this judge too like Ambiga Sreenivasan had been previously highly critical of Waythamurthi and urged government action against Hindraf.
There is little doubt that at least with the Indian communities, the caste factor continues to play a key role in fostering divisions amongs those of them in opposition. However it is not their caste divisions but their misconduct in public office that has drawn the ire of government and its attention to their so called opposition political activities,
Two other former Court of Appeals judges whose controversial decisions in recent years in high profile commercial cases are also being investigated. Each of these retired judges is also being investigated for their conduct in other matters during their tenure in office. Both have a direct active involvement in the opposition.
Information about the conduct of judges now the subject of government interest it appears is just the tip of the ice berg. Payback time it seems may be after the general elections. Once more the informants are people closely connected to the judges, the informations having worked very closely with them.
The Lingham affair it now appears was deliberately engineered to be widely publicized and debated as an issue of judicial incompetence and corruption by the Malaysian Bar for political reasons. The Lingham tapes on analysis was used as a smoke screen to conceal the real corrupt and highly political and inappropriate activities of sitting judges within the Malaysian bench connected to the opposition and aligned to foreign interests.
WHEN WILL RPK RETURN AND WHAT IS THE DEAL?
Government must of its own accord and initiative now disclose the terms for the return and ‘forgiveness’ accorded to the likes of RPK and Waythamurthi. There is an obligation on the part of government to address the issues behind its decision in both cases.
Many Malaysians from all walks of life have been actively engaged in one form or the other in fostering change for the better in their country. It is the prerogative of every citizen and a fundamental human right of everyone regardless of their political complexion to seek positive change peacefully and in a democratic way.
It is also the right of every individual to expect full disclosure and the truth from their leaders. That includes not just leaders in government, but also those who claim the right to be that alternative government. Elected representatives, opposition members of parliament and those who lead unregistered political movements funded from abroad. What is needed especially from foreign funded organizations is full and frank disclosures about their sources of funding, their objectives and their organizational structures.
Thus far the opposition and especially Bersih, two groups who have hijacked the middle ground lying through their teeth claiming to have some divine or ascriptive right to be the sole voice and representative of alternative government in Malaysia have not been as transparent as they demand of government and those who oppose them. It is time that government disclosed what they have on these groups.