Speakers' Corner: Occasional contributions from readers, which do not necessarily reflect the views of Sarawak Report but may be published at the discretion of the site.

More perverted justice

The Malaysian judicial apparat, already publicly shamed by its illegal and unconstitutional attempts to keep Najib placemen In the Federal and Appeal Courts, is now pursuing PKR personality Rafizi Ramli for allegedly breaching arch crook Najib’s Official Secrets legislation.

How Najib can be stupid enough to think that such a prosecution can do anything to hide his illegal activities is hard to believe. How the Courts can be induced to try Inche Rafizi can only be explained by a mixture of corruption, stupidity and political persecution.

The alleged offence relates to the publication of the Auditor General’s report on 1MDB and the prosecution are alleging that this report is an “official secret” within the meaning of the law of Malaysia.

Rubbish! That any lawyer, let alone a superior Court judge, could allow a prosecution to proceed on that basis would be unbelievable in any civilized society governed by the rule of law. That it is seemingly proceeding demonstrates that Malaysia is a corrupt dictatorship controlled by arch thief Najib and managed for him by, among others, a judiciary that should know better.

The matter is very simple and should be comprehensible to a first year law student let alone a Judge. The Constitution, which is the supreme law of Malaysia, prescribes that reports by the Auditor General MUST be laid before the Legislative Assembly. There are no qualifications about official secrecy, nor should there be as it is the function of the Auditor to scrutinize public accounts and report on any misuse in the manner provided in the Constitution.

In this case the Constitution provides that the report should have been submitted to the Agong who should cause it to be laid before the Legislative Assembly. It is therefore impossible to classify such a report as an official secret and only the collusion of the judiciary has allowed Najib to do that. What is to be said about a Judiciary that cannot even follow the Constitution hardly bears thinking. The kindest thought is “monumental stupidity” and the probable is “criminal conspiracy”

To proceed with a prosecution under the OSA in these circumstances is a judicial outrage and any honest judge asked to do so should dismiss it without a second thought. Let us see what happens in this particular case.

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