Hadi Awang mengutuskan warkah Menjunjung Kasih kepada Sultan Selangor, Sultan Sharafuddin Idris Shah selepas mengeluarkan kenyataan ditujukan kepada alim ulama, peguam, hakim, Ahli Parlimen dan Dewan Undangan Negeri (DUN) serta Raja-Raja Melayu. Baginda menzahirkan rasa amat dukacita dengan kenyataan Abdul Hadi itu yang turut disiasat polis berhubung tulisannya, 'Ketinggian Islam Wajib Dipertahankan'. *Di Dewan Rakyat, Ahli Parlimen Tasek Gelugor, Datuk Wan Saiful Wan Jan mengakui kekhilafan kenyataannya pada minggu lalu mendakwa Perdana Menteri, Datuk Seri Anwar Ibrahim menyalahguna kuasa dan memohon maaf jika kenyataan dikeluarkannya menyentuh Yang di-Pertuan Agong. Susulan kenyataan itu, Wan Saiful terlepas daripada usul menggantung kehadiran Sidang Dewan Rakyat apabila Timbalan Perdana Menteri, Datuk Seri Dr Ahmad Zahid Hamidi menarik balik, sebelum dipersetujui Speaker, Tan Sri Johari Abdul.* Walaupun tiada manusia tidak melakukan kesalahan, kita mengingatkan ahli politik, termasuk Ahli Parlimen sepatutnya menunjukkan teladan, terutama dalam adab dan etika dengan Yang di-Pertuan Agong serta Sultan. Bukankah semua ahli Dewan Rakyat dan Dewan Negara perlu mengangkat sumpah termasuk memelihara, melindungi dan mempertahankan Perlembagaannya dengan institusi diraja termaktub secara jelas? Hakikatnya, ahli politik terutama pemimpin parti tidak boleh menjatuhkan kedudukan mereka setaraf orang biasa seperti pempengaruh mudah-mudah memuat naik kandungan media sosial melampaui batas, tetapi kemudian meminta maaf. Mereka sepatutnya menunjukkan adab, etika dan integriti lebih tinggi daripada masyarakat umum termasuk kepada pemimpin bawahan dan ahli parti pada peringkat akar umbi kerana kalau guru makan berdiri, maka muridnya makan berlari. Justeru, kita meminta Ahli Parlimen dan Ahli Dewan Undangan Negeri (ADUN) menelaah tulisan pakar Perlembagaan, Prof Madya Datuk Dr Wan Ahmad Fauzi Wan Husain tersiar di Muka 10 hari ini menjelaskan kedudukan Yang di-Pertuan Agong dan Raja-Raja seperti termaktub dalam Perlembagaan Persekutuan sama sekali berlainan dengan konsep Westminster di United Kingdom (UK). Jika ada perbezaan pandangan sekalipun, ia perlu disampaikan kepada baginda secara beradab kerana digariskan dalam Perlembagaan melalui amalan adat bangsa. Di sebalik permohonan maaf itu, kita meminta polis meneruskan siasatan seperti dilakukan kepada Menteri Besar Kedah sebelum ini yang walaupun meminta ampun, perlu berdepan dengan implikasi undang-undang. Ini kerana penyiasatan dan pendakwaan jika ada kes perlu dijalankan bukan sahaja set keadilan sama perlu dikenakan kepada semua tanpa mengira sama ada pemimpin politik mahupun orang biasa, bahkan sebagai pengajaran supaya tidak mengeluarkan kenyataan melampaui batas terutama kepada institusi diraja. ...a-ampun

support behind Datuk Seri Anwar Ibrahim, he would be offered RM1.7mil in allocations, among others. The repeated message was that I must support Tambun as Prime Minister and I would receive parliamentary allocations. They said allocations for government projects could also be distributed to my cronies. They know Im having a hard time, with my wife also having cancer, he said. Wan Saiful also claimed that charges against him would be dropped if he pledged support. He is facing money laundering and corruption charges related to the Jana Wibawa project. They contacted me repeatedly until I decided to meet them one day, he said, alleging that several meetings took place at hotels in Kuala Lumpur and Petaling Jaya. I had to entertain their requests, as they had the power and I didnt know what they could do to me, he said. In my opinion, Wan Saiful should have REPORTED to the relevant law enforcement, be it the Police, MACC or other relevant bodies, about this crime or possible crime. A police report is VERY IMPORTANT, as this report also known as a First Information Report(FIR) is a requirement for the start of an investigation by police or law enforcement. The police/MACC/law enforcement can also file a FIR - In this case, after what Wan Saiful revealed in Parliament, it is more that likely that police and/or MACC have already filed the needed report(FIR) and the investigation into the alleged crime has begun, and now, if summoned, Wan Saiful must cooperate - and provide all needed information for the purposes of the investigation/s. BUT, then let us consider the crime reporting obligations of a person in Malaysia , including public servants - should there be amendments in law, to reduce the requirements or BURDENS imposed on one who reports , allowing for the reporting of any crime, even one that he heard about but does not have any real evidence... At present, Section 13 of the Criminal Procedure Code states 13Public to give information of certain matters (1) Every person aware - (a) of the commission of or the intention of any other person to commit any offence punishable under the Penal Code or any other written law ; or [(a) Subs. Act A1521:s.3 ] (b) of any sudden or unnatural death or death by violence or of any death under suspicious circumstances, or of the body of any person being found dead without its being known how that person came by death, shall in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware , immediately give information to the officer in charge of the nearest police station or to a police officer or the nearest penghulu of the commission or intention or of the sudden, unnatural or violent death or of the finding of the dead body, as the case may be. So, it is clear that Wan Saiful has indeed a reporting obligation of these crime/s. What is problematic with this section is the placement of 'burden of proving' or the maker of the police report. There should be no such burden - the purpose of a police report(or FIR) is to simply bring to the attention of the police(and/or relevant law enforcement bodies) the fact, or the SUSPICION/BELIEF that a crime may have been committed. FULL STOP. Then, the law enforcement will investigate ... IT is ABSURD to require a person reporting a crime with any burden whatsoever of proving the CRIME or proving what he reported to be true. No one, not even lawyers, KNOW all the offences under the Penal Code and/or any other written law. So, the reporting obligation must be to report a crime one is aware, or suspects may have occurred - and the phrase ' the burden of proving which shall lie upon the person so aware ,' must be deleted. Public report crimes or possible crimes, that they know or suspects may have occured - Then, relevant authority moves to INVESTIGATE. Would Wan Saiful come out saying that he did not know whether what happened was an actual crime under the Penal Code or other laws in Malaysia? He may say, he knew that what happened is wrong and maybe unethical - but he did not know that it was a crime, so he did make any police reports? Would Wan Saiful say that he did not report because he believed he could not fulfill the BURDEN of proving what he alleged, if he reported? That is why the law about obligation/duty of reporting crime or suspected crime need to be amended... Interestingly, the law was amended with regard to public officers that may DETER or prevent the reporting of crimes/misconducts committed by Ministers or the seniors.. Yes, on about 2014 vide PENAL CODE (AMENDMENT) ACT 2014 , the following was introduced - where the penalty was so high - a fine of up to RM1 million???? Was keep quiet even if you know or suspect a crime the new policy??? 203ADisclosure of information (1) Whoever discloses any information or matter which has been obtained by him in the performance of his duties or the exercise of his functions under any written law shall be punished with fine of not more than one million ringgit , or with imprisonment for a term which may extend to one year, or with both. (2) Whoever has any information or matter which to his knowledge has been disclosed in contravention of subsection (1) who discloses that information or matter to any other person shall be punished with fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both. There must be an EXCEPTION added, that this duty/obligation of 'secrecy/confidentiality' does not apply for crimes/suspected crimes, or any misconduct/suspected misconducts. This will FREE public officers from having to KEEP QUIET even when a crime is committed by a Minister or another public officer, or others. We certainly do not want another 1MDB,... Maybe, Anwar's PH-led coalition government will do the needful - unless ... Can MACC compell Wan Saiful to lodge a report with regard to what he said in Parliament? Refer to HOUSES OF PARLIAMENT (PRIVILEGES AND POWERS) ACT 1952 (REVISED 1988), where section 7 says as follows:- 7Immunity of members from civil or criminal proceedings for anything done or said before the House No member shall be liable to any civil or criminal proceedings, arrest, imprisonment, or damages by reason of any matter or thing which he may have brought by petition, bill, resolution, motion, or otherwise, or have said before the House or any committee. In my opinion, even if Wan Saiful does not make a report of crimes suspected or alleged, MACC cannot do anything to compel him to do so. MACC should have simply invited Wan Saiful to come file a report...maybe he would have done so. However, since the matter is now public knowledge, MACC itself can file the need report(FIR) and begin investigations into the crimes alleged. And during the course of investigations, call Wan Saiful to come give evidence as a witness > whereby Wan Saiful will not be able to avoid this, and will have to attend and give a statement.. MACC chief commissioner Tan Sri Azam Baki said that under the MACC Act 2009, it is the responsibility of any individuals offered bribes to quickly report the offence so that further action can be taken.... IT IS CORRECT, see Section 25 of the Act 25Duty to report bribery transactions [ MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009] (1) Any person to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the commission or police officer. (2) Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both. (3) Any person from whom any gratification has been solicited or obtained, or an attempt has been made to obtain such gratification, in contravention of any provision of this Act shall at the earliest opportunity thereafter report such soliciting or obtaining of, or attempt to obtain, the gratification together with the full and true description and if known, the name of the person who solicited, or obtained, or attempted to obtain, the gratification from him to the nearest officer of the commission or police officer. (4) Any person who fails, without reasonable excuse, to comply with subsection (3) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both. Now, it is reported that he had apologized - so, did Wan Saiful LIE? Will he now go and lodge a report at MACC? Will MACC continue with the investigation? IF he did LIE, do we still want people who LIE as MPs? Best look at the Hansard on 5/3/2024 to determine what exactly happened. Should MACC not investigate the case of the 6 BERSATU(or rather PN MPs) - was there corruption? I was offered RM1.7mil in allocations to betray PN, says Wan Saiful By GERARD GIMINO, MARTIN CARVALHO and And TEH ATHIRA YUSOF Wednesday, 28 Feb 2024 12:35 PM MYT Photo: Bernama KUALA LUMPUR: A shouting match broke out in the Dewan Rakyat when an Opposition MP claimed he had been repeatedly induced to pledge support for the Prime Minister. While debating the motion of thanks on the Royal Address on Wednesday (Feb 28), Datuk Wan Saiful Wan Jan (PN-Tasek Gelugor) alleged that if he had thrown support behind Datuk Seri Anwar Ibrahim, he would be offered RM1.7mil in allocations, among others. The repeated message was that I must support Tambun as Prime Minister and I would receive parliamentary allocations. They said allocations for government projects could also be distributed to my cronies. They know Im having a hard time, with my wife also having cancer, he said. Wan Saiful also claimed that charges against him would be dropped if he pledged support. He is facing money laundering and corruption charges related to the Jana Wibawa project. They contacted me repeatedly until I decided to meet them one day, he said, alleging that several meetings took place at hotels in Kuala Lumpur and Petaling Jaya. I had to entertain their requests, as they had the power and I didnt know what they could do to me, he said. Government backbenchers then interjected, saying these were malicious accusations. They added that if the accusations were true, Wan Saiful should lodge a report with the Malaysian Anti-Corruption Commission. Dont hide behind immunity in the hall. Hold a press conference outside. You are making false claims, said Chong Zhemin (PH-Kampar). Speaker Tan Sri Johari Abdul then stepped in, saying Wan Saifuls claims were seemingly hearsay. We cannot bring this into the hall. Its always about what they' said. You cant do that, Johari said, adding that he could not verify the validity of the matter. Johari then instructed Wan Saiful to wrap up his debate so proceedings could continue. - Star, 28/2/2024 MACC: Wan Saiful given one week to report alleged bribe offer for supporting PM Anwar MACC chief commissioner Tan Sri Azam Baki said that under the MACC Act 2009, it is the responsibility of any individuals offered bribes to quickly report the offence so that further action can be taken. Bernamapic Monday, 04 Mar 2024 8:46 PM MYT SEREMBAN, March 4 The Malaysian Anti-Corruption Commission (MACC) is giving Tasek Gelugor MP Datuk Wan Saiful Wan Jan one week to lodge a report on his claim that several individuals have promised him rewards if he pledges support for Prime Minister Datuk Seri Anwar Ibrahim. MACC chief commissioner Tan Sri Azam Baki said that under the MACC Act 2009, it is the responsibility of any individuals offered bribes to quickly report the offence so that further action can be taken. I cannot announce yet what action can be taken (if he fails to report). We are still waiting for his report; there are various possibilities (like summoning to MACC). Since he (Wan Saiful) has mentioned in the august House of Parliament about the alleged bribery (offer), he is obliged to make a report under Section 25 of the MACC Act 2009. He has to come to the MACC office; dont expect MACC to bring him to the office, he added. He told reporters this after attending the Anti-Corruption Executive Talk with Negeri Sembilan state executive councillors and state assemblymen, including Menteri Besar Datuk Seri Aminuddin Harun, here today. On the case of former prime minister Tan Sri Muhyiddin Yassins son-in-law Datuk Seri Muhammad Adlan Berhan, Azam said MACC had not yet discussed with the Attorney Generals Chambers the possibility of charging him in absentia.Azam had earlier said MACC was ready to charge Muhammad Adlan with criminal breach of trust but he could not be located and is believed to be still overseas. Azam also said MACC had not received any reports against the current Negeri Sembilan state Exco members and state assemblymen. Bernama, Malay Mail, 4/3/2024 Govt retracts motion to suspend Bersatu MP Wan Saiful after his open apology to Agong, PM in Parliament During his turn to debate on February 28, Wan Saiful admitted that he did utter a paragraph which said, 'Corrupt meant abuse of power'. Picture by Firdaus Latif By Soo Wern Jun Tuesday, 05 Mar 2024 1:12 PM MYT KUALA LUMPUR, March 5 The government has retracted its motion to suspend Parti Pribumi Bersatu Malaysia (Bersatu) Tasek Gelugor MP Datuk Wan Saiful Wan Jan for six months. This followed Wan Saifuls explanation and retraction of his debate speech after he was given an opportunity by Dewan Rakyat Speaker Tan Sri Johari Abdul to clarify and retract contents of his speech delivered last week when debating the Kings speech in the House. Before I call on the Minister of Rural and Regional Development Datuk Seri Ahmad Zahid Hamidi to read out the motion, I would like to call on Tasek Gelugor to give him an opportunity to state his desire so that, to me, it is better for the country. I would like to give Tasek Gelugor a last chance to state what he initially wanted to say as discussed, Johari told Parliament today. During his turn to debate on February 28, Wan Saiful admitted that he did utter a paragraph which said, Corrupt meant abuse of power. After which, there was some disturbance. But I carried on, and I said, Ampun Tuanku, that person who abuses his power, is granted an audience with Your Majesty, every week before the Cabinet meeting that, I was directing it to Tambun (Prime Minister Datuk Seri Anwar Ibrahim). I did repeat that again on February 29, when Jelutong brought it up. I would like to retract the sentence and my statement, and I would like to apologise for that statement. I would like to humbly, because in the motion, if there were mistakes I made and touched on anything relating to the King, I would like to apologise for the statement. Thank you, Speaker; I hope you are able to make a fair deliberation, Wan Saiful told Parliament during his brief explanation. Johari then proceeded to accept the Tasek Gelugor MPs apology and asked Parliament to move on from the incident. This means that Tasek Gelugor has apologised to Tambun and has retracted his statement, thats one. Secondly, Tasek Gelugor has also sought to apologise to the King. For that I will accept, minister, I take it as we can resolve this matter since an open apology has been made, I hope minister you can accept this apology as well, Johari said, while addressing Zahid in Parliament. Zahid proceeded to retract the motion that was listed as first in the matters of the Order Paper today following Question Time. I would like to retract the motion stated as number one in the order of matters for today, Zahid told Parliament. Last Wednesday, the Dewan Rakyat Speaker had given a stern warning to all MPs in the Lower House to adhere to his orders or risk being suspended for six months. He said this after repeatedly asking Wan Saiful to refrain from raising matters that were merely hearsay, but to no avail. Wan Saiful, prior to Joharis warning had claimed that he was repeatedly offered rewards in exchange for his support for the prime minister. His claims sparked a ruckus in the Lower House and he was told by the Dewan Rakyat Speaker to refrain from drawing attention to matters that were merely hearsay. This had also led Johari to warn all MPs of a six-month suspension should they disobey his orders not to bring political squabbles into the Lower House. - Malay Mail, 5/3/2024

support the party's position on different subject matters, and even what is stated in the said party's election Manifestos. Hence, after being elected MP, if the leave the said party - this is an ACT OF BETRAYAL to the people who voted for them, that is WHY THEY ARE DISQUALIFIED, and the people get another chance to choose the MP of their choice. 3) The Anti-Party Hopping law is not meant to give political parties control over their MPs - so a political party cannot THREATEN any MP to do as per what the party or leadership commands and if not, end up being disqualified. After all, the MP is the people's representative and their loyalty is FIRST to the people of their constituency. That is also WHY if a political party EXPELS a MP - he/she is NOT DISQUALIFIED, and continues as MP for their constituents. 4) However, the moment any expelled MP joins another political party, he will automatically be disqualified. 5) The BERSATU MPs, or rather the PN MPs who now have expressed support for PM Anwar Ibrahim have not left BERSATU/PN and thus is not DISQUALIFIED. 6) The Anti-Party Hopping is RIGHT > It cannot be used by political parties to control their MPs... 7) BERSATU now amended its constitution - but it is of no use, as it is definitely UNCONSTITUTIONAL .. 8) Secondly, no Party Constitution amendment is valid UNTIL the Registrar of Societies(ROS) says OK - our draconian Societies Act do not even give Societies to change their rules/Constitution by themselves. 9) In this case, the ROS would most likely reject the Constitution Amended at recent BERSATU General Meeting - WHY? Because it goes against the Federal Constitution - but then, this is Malaysia - and maybe the Home Minister will step in and grant an 'exemption'? ANOTHER ISSUE related to the Anti-Hopping laws - The said BERSATU MPs did not stand as BERSATU candidates in GE15 - but as Perikatan Nasional(PN)'s candidates, a registered political party whose members include BERSATU. So, these MPs will only be disqualified when they leave PERIKATAN Nasional ? So when and how do a MP leave PN - for that we need to look at PN's Constitution itself. Does the PN Constitution say that when a MP leaves a PN Member Party, like BERSATU - what happens to that MP? Is he still a PN MP? What is a BERSATU MP leaves BERSATU and joins PAS - he still remains a PN MP? Does PN Constitution allow for individual members? Can a MP from BERSATU leave BERSATU, and still remain a PN MP? According to the Anti-Party Hopping law in the Constitution, it is ONLY when a PN MP leaves PN that he will be disqualified... ANY MP MUST BE INDEPENDENT TO SUPPORT, ABSTAIN OR OBJECT ANY LAWS OR MATTERS RAISED IN PARLIAMENT OR OTHERWISE... POLITICAL PARTIES ARE NOT SUPPOSED TO DEMAND THAT THEY ACT/VOTE AS THE PARTY ORDERS - THIS IS UNDEMOCRATIC and unconstitutional. If the constituents want end to TOL Highways, the MP must campaign and vote for the abolition of toll highways - even if the Political Party says it wants tol highways... However, in Malaysia, MPs simply do not have the freedom to represent the constituents - or make decisions, as to what the constituents want . They are many a time 'forced' to vote as the party commands - and a few MPs are BRAVE enough to even have a different view from their party leadership...And in most parties, the membership has NO SAY in the candidate, it all depends on the leadership - Where is the DEMOCRACY? That is WHY people simply have NO or little RESPECT for their MPs - they do not even lobby their MPs to push for certain positions in law or policy - as they know their MPs are just 'Party Slaves' or YES-MEN. We need more GOOD MPs who will act on their conscience and values, and not simply be obedient party members... > In that case, Hassan Karim stands out as an exceptional MP, who is brave enough even to criticize even Party President and Prime Minister Anwar Ibrahim...We need MORE MPs like that - yes they may fully support party position in most things or fundamental issues - but they will also protest and speak out when something is not RIGHT... In Malaysia, if the culture 'do as my party commands' continues, is there really any need for 222 MPs to attend Parliamentary sessions - is it not enough for just party leaders/reps to be present. After all, Malaysian MPs are not free to express their own views... So, when the BERSATU 6 said they support Anwar, and presumably have confidence in Anwar being PM - there should be nothing wrong with this. Tomorrow, they may OBJECT to a law or something that the government proposes... Any POLITICAL party is just like Malaysia - where there are people that support Anwar as PM and those that do not. We see this support expressed during party elections - does a party EXPEL all who did not support the elected leader? No, we do not - we accept all, for they share common values and principles of the party > but not necessarily agree with all the things the leadership says all the time... The BERSATU six have not left BERSATU or PN >> so really there is NO NEED to change their seats in Parliament, is there. NOW, if there was THREATS, BRIBES, CORRUPTION that led them to shift the support to Anwar, then it should be a CRIME to be prosecuted. But, if they are doing so of their free will - then it is OK. Did the UNITY government bribe with offer of monies, positions in GLCs or government agencies, etc >> if YES, it must be a CRIME - PARLIAMENTARY REFORM - Votes usually taken are not even counted - it is dependent on VOLUME odd. This must change people need to know HOW exactly their MP VOTED - YES, NO or ABSTAINED > the restoration of the right to freely vote is important for the return of RESPECT to individual MPs. And the people must know how his/her MP voted > then more constituents will go lobby MPs to take a particular position on a Bill or a provision of a Bill. (Now, many see as no use, because many MPs just do as ordered by party - too afraid to take a position against party/party leadership - FEUDALISM or NEO FEUDALISM lives on, and DEMOCRACY is sidelined. See how BERSATU leadership wants to control its MPs/ADUNs - do as the leadership says, not what your constituents want - not what you fell it right ... These three provisions comprise Article 10.4, stipulating that any Bersatu members holding positions in the Dewan Rakyat or state legislative assemblies who fail to adhere to directives issued by the partys supreme council as outlined in Article 10.5 shall have their Bersatu membership terminated immediately. The additional sub-clause, Article 10.5, empowers the Bersatu supreme council to issue written directives to any or all of its Dewan Rakyat or state legislative assembly members. Do we want peoples' representative (wakil rakyat) who have no choice but follow what the leadership of their party says. Should not MPs represent the people of their constituency, or be FREE to act according to his/her values and principles, after considering party position???? BERSATU amending its constitution is useless, as I believe all of them contested Perikatan Nasional MPs - so, what does the PN Constitution say about expelling MPs? WHAT CAN THE CONSTITUENTS DO TO REMOVE MPs THAT THEY HAVE LOSS CONFIDENCE ON? Time Malaysia considers putting up a LAW on this > If the constituents have loss confidence in their MP, then they must submit a PETITION that is signed by more than 50% of the constituents that had the right to vote in the elections that elected the said MP - The petition must contain name and NRIC. If the number is achieved, the said MP is forthwith DISQUALIFIED and a by-elections will be held. [Of course, the disqualified MP is allow to contest in the by-elections] So, if that law to RECALL MP exist in Malaysia - power is returned to the PEOPLE to remove any MP >> so if they are UNHAPPY with the 6 BERSATU MPs to the extend that they have loss confidence in them to continue representing them in Parliament - then they can be removed... Maybe PN should push for such a law - maybe PH-led coalition will put such a law in place.... How interesting that UMNO-BN is already preparing for by-elections -.. .. Bersatu amending constitution to scare MPs from backing Anwar, says Dr Zulkafperi Tanjung Karang MP Dr Zulkafperi Hanapi, who is one of six Bersatu MPs supporting the government, says he is unfazed by the partys plans. Amirul Aiman - 26 Feb 2024, 7:49am Dr Zulkafperi Hanapi said ultimately, the Registrar of Societies will decide whether the amendments to Bersatus constitution are approved. (Bernama pic) PETALING JAYA: A Bersatu MP who now supports Prime Minister Anwar Ibrahim says the partys decision to amend its constitution is meant to intimidate other elected representatives from switching allegiance. Tanjong Karang MP Dr Zulkafperi Hanapi said the party seems to be reacting to claims that more Bersatu MPs would be declaring their support for the prime minister and the unity government. What Bersatu is attempting to do (by amending its constitution) is to pressure those who are considering changing their support and prevent it from happening, he said at a press conference last night. However, Zulkafperi said he was unfazed by the partys decision as the constitutional changes would not apply to him and his five Bersatu colleagues who now support Anwar. "I dont believe its binding, but well leave it to our lawyers to handle. According to the constitution, any changes should ideally be forward-looking. Retrospective changes would not be binding, he said, adding that ultimately, the Registrar of Societies will decide whether the amendments are approved. On Jan 29, Bersatu secretary-general Hamzah Zainudin announced that the partys Supreme Council agreed to amend Article 10 of the partys constitution to keep its elected representatives in line. This comes after six Bersatu MPs declared support for Anwar without leaving the party in order to circumvent the anti-hopping law. Hamzah said they have also agreed to pursue legal action against elected representatives who betray the party, with the aim of vacating their seats and that the party is prepared to face by-elections. Apart from Zulkafperi, the other five MPs are Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Suhaili Abdul Rahman (Labuan), Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli) and Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang). All six MPs justified their support for the federal government by citing the needs of their constituencies. However, they said they would remain loyal to Bersatu. Last month, Syed Hussin claimed that up to eight more MPs were expected to declare their support for the unity government. - FMT, 26/2/2024 Will Bersatu's controversial constitutional amendments bring good or have potential ramifications? By WAN AHMAD ATARMIZI 04 Mar 2024 01:32pm Muhyiddin (sitting, centre) at a press conference after the Bersatu's Extraordinary General Meeting (EGM) at the Ideal Convention Centre Selayang on Saturday. In a signification move aimed at addressing internal rifts and asserting party discipline, Parti Pribumi Bersatu Malaysia (Bersatu) recently convened an Extraordinary General Meeting (EGM) on March 2, to enact crucial amendments to its constitution. This EGM, held amidst heightened political tensions, sought to close existing loopholes and define clearer guidelines for party members, especially elected representatives, to uphold party loyalty and integrity. Closing the 'Loophole' During the EGM, which saw the participation of approximately 1,000 party delegates from across the nation, Bersatu approved amendments to its constitution aimed at addressing recent challenges concerning party defections and support for rival political figures. Notably, the amendments were devised to close a perceived loophole that allowed six Bersatu Members of Parliament (MPs) to express support for Prime Minister Datuk Seri Anwar Ibrahim without forfeiting their party membership. Bersatus Supreme Council Member, Datuk Wan Saiful Wan Jan had emphasised the importance of these amendments in preserving party unity and discipline. He highlighted the unanimous approval of the amendments by Bersatu's delegates during the EGM, signalling the party's firm stance against disloyalty and betrayal. The amendments introduced at the EGM included the addition of three sub-clauses to Bersatu's constitution. These three provisions comprise Article 10.4, stipulating that any Bersatu members holding positions in the Dewan Rakyat or state legislative assemblies who fail to adhere to directives issued by the partys supreme council as outlined in Article 10.5 shall have their Bersatu membership terminated immediately. The additional sub-clause, Article 10.5, empowers the Bersatu supreme council to issue written directives to any or all of its Dewan Rakyat or state legislative assembly members. The third sub-clause, adopted by Bersatu delegates during the EGM, pertains to Article 10.4 and mandates the secretary-general, under the directive of the supreme council, to formally notify the affected member of their immediate termination of membership and removal from Bersatus party registry system. These sub-clauses, crafted to address the specific concerns raised by recent events, would empower the party's supreme council to take decisive action against members who deviate from party directives. Implications of the Amendments Additionally, Bersatu President Tan Sri Muhyiddin Yassin elaborated on the implications of these amendments, highlighting their alignment with the Federal Constitution's provisions and their potential invocation of the anti-hopping law. Muhyiddin emphasised that the amendments would lead to the automatic cessation of membership for MPs or state legislative members who act contrary to the party's policies, thereby triggering the vacancy of their seats. Following the endorsement of these revisions during Bersatu's EGM, Muhyiddin said the party would seek approval from the Registrar of Societies (RoS) for the amended constitution. Once the RoS sanctions the modifications, Bersatu will promptly implement these regulations. Bersatu Secretary-General Datuk Seri Hamzah Zainudin will then correspond with all six Bersatu members, seeking verification of their support for Anwar. If they affirm their support, the constitutional provisions mandating the vacation of their seats will be enforced. Crucially, Bersatu's constitutional amendments are poised to redefine the consequences for party defections and disloyalty, marking a significant departure from previous disciplinary measures. These amendments aim to bolster the party's internal cohesion and resilience amid evolving political dynamics, ensuring that party members uphold their allegiance and accountability. The six MPs who went rogue since last year are Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Suhaili Abdul Rahman (Labuan), Mohd Azizi Abu Naim (Gua Musang) and Tanjong Karang MP Datuk Dr Zulkafperi Hanapi. Potential Ramifications However, concerns have been raised regarding the retroactive application of these measures amidst the fervour surrounding Bersatu's EGM and its consequential amendments. Bersatu Women's Wing Deputy Chief Datuk Mas Ermieyati Samsudin cautioned against the retroactive implementation of the amendments, advocating for fairness and adherence to legal principles. As Bersatu awaits the RoSs approval for the constitutional amendments, the party braces for potential ramifications, including the possibility of vacant parliamentary seats and subsequent by-elections. The outcome of these developments remains pivotal, shaping Bersatu's trajectory and influence within Malaysia's political landscape. - Sinar Daily, 4/3/2024 BN ready to field candidates if six Bersatu seats declared vacant, says Zahid Nation Sunday, 03 Mar 2024 5:31 PM MYT BAGAN DATUK: Barisan Nasional is prepared to contest six parliamentary seats currently held by Bersatu if they are declared vacant, says Datuk Seri Dr Ahmad Zahid Hamidi (pic) . The coalition chairman and Umno president said these seats used to be Barisan's. "We will discuss with the unity government leadership to decide on this if the vacancies occur," he told reporters after attending the Northern Corridor Economic Region (NCER) mini showcase programme here on Sunday (March 3). He said Umno and Barisan candidates should be given priority to contest in these constituencies. However, he said that Parliamentary regulations and the Federal Constitution do not provide for the Bersatu MPs concerned to be stripped of their seats despite efforts by Bersatu. He said Bersatu seemed to be having a taste of its own medicine as one of its leaders had previously taken Umno MPs into Bersatu. This follows an amendment to Article 10 of the Bersatu Constitution, as approved at a special party general meeting, to immediate strip the membership of any elected representative who pledges support that contradicts Bersatu's directive or stand. Bersatu president Tan Sri Muhyiddin Yassin said the party would send a report on the amendment to the Registrar of Societies (ROS) and it would be enforced with immediate effect if approved. The six Bersatu MPs who have expressed support for the Prime Minister are Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Mohd Azizi Abu Naim (Gua Musang), Datuk Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar) and Datuk Suhaili Abdul Rahman (Labuan). Bernama - Star, 3/3/2024

Hamidi's case, the Prosecution had SUCCESSFULLY proved all the elements of the crime to the satisfaction of the Court - and hence the court called on Zahid Hamidi to enter his DEFENCE - and Zahid himself took the stand as witness, and called more than 10 Defence Witnesses...before the Prosecution decided to discontinue criminal prosecution 'TEMPORARILY'. In another case, prosecution failed to prove Prima Facie case, and Zahid was acquitted without Defence being called. NOW ZAHID HAMIDI HAD A FAIR TRIAL THUS FAR.. - He was represented by lawyers, who had every opportunity to challenge all Prosecution Witnesses, and also all other evidence tendered in court. - During the DEFENCE stage, Zahid can call any witnesses to prove his innocence...He can also RE-CALL Prosecution witnesses if he wants to. HENCE, there is really no PREJUDICE or DISADVANTAGE as to the right of a FAIR TRIAL . In Malaysia, as is the case in most Commonwealth countries and other countries, the GUILT or 'not guilty" decision is left to the Court and Judges - and no one else. A not guilty verdict does not mean innocent - only that the Prosecution failed to prove guilt beyond reasonable doubt , and it ensures that individuals are not convicted unless their guilt has been proven beyond any possible question. , which is a very HIGH STANDARD of Proof - maybe about 99% or more that he/she is guilty , so even if the prosecution managed to prove 80% or 90%, it is may simply not be enough for the accused to be convicted. The high burden is to prevent miscarriage of justice - It is better that ten guilty persons escape than that one innocent suffer. as expressed by the English jurist William Blackstone. The discontinuation of the criminal trial/proceedings was done by the PREVIOUS Attorney General/Public Prosecutor Idrus Harun before he ended his term (But wasn't his term supposed to end in March 2023???) . Now, Malaysia has a NEW Attorney General/Public Prosecutor Ahmad Terrirudin Mohd Salleh - does he agree with the decision of the previous AG/Public Prosecutor or not, and he really ought to tell us all in Malaysia and also whether the Prosecution needs more time or not. Or should he charge Zahid Hamidi again - so trial continues where it ended...using section 254A of the Criminal Procedure Code. 254AReinstatement of trial after discharge (Criminal Procedure Code) (1) Subject to subsection (2), where an accused has been given a discharge by the Court and he is recharged for the same offence, his trial shall be reinstated and be continued as if there had been no such order given. (2) Subsection (1) shall only apply where witnesses have been called to give evidence at the trial before the order for a discharge has been given by the Court. Oddly, the then LEAD PROSECUTOR of Zahid's case was removed(or left on her own) before the decision was made to DISCONTINUE criminal proceedings. It is very very ODD as normally, being the most familiar with the case, he/she would have endured on until the very end - at least until the age of retirement. Even after retirement, she could still continue as the LEAD PROSECUTOR - so what happened? Did she leave in 'protest' because she could not agree with the then AG/PP's decision to suddenly halt and discontinue the criminal trial? On Aug 8, the New Straits Times confirmed that Raja Rozela, 58, had been -year-old was dropped from the Yayasan Akalbudi trial. If DPP Raja Rozela Raja Toran continues to prosecute, Zahid Hamidi will likely be convicted and sentenced? Come back and prosecute to the end.. But alas, Raja Rozela may not be able to return and lead the prosecution as she was appointed a Judicial Commissioner on 8/12/2023. A contract 'judge' with no security of tenure, who may or may not be later elevated to Judge (something which the PM has a big say). I have been calling for the ABOLITION OF JUDICIAL COMMISSIONERS - they should immediately be appointed as JUDGES with all the safeguards including security of tenure to ensure Independence. The lead prosecutor who had been dropped from Datuk Seri Dr Ahmad Zahid Hamidi's corruption trial was appointed as a judicial commissioner. Was the appointment of Raja Rozela a 'calculated move' - the removal of the LEAD prosecutor who had handled the case from the very begining...? Now, she cannot even be brought back to lead the prosecution... We recall that the past '...Attorney-General Apandi Ali had cleared Prime Minister Najib Razak of any offences pertaining to the RM2.6 billion donation and the RM42 million from SRC International Sdn Bhd...'. However, the subsequent Attorney General Tommy Thomas disagreed with his predecessor, and Najib was charged - and now is in prison after losing all appeals(and other applications). Hence, AG Appandi Ali WAS WRONG, and AG Tommy Thomas was right... So, should NEW AG/PP review what his predecessor did with Zahid Hamidi's case? Does he agree with the decision of his predecessor or not? Another earlier AG/PP that was affected by the 1MDB case was Abdul Gani Patail who was handed his termination letter in the wake of the 1Malaysia Dvelopment Bhd (1MDB) scandal in 2 . Allegedly, he was then taking steps to charge people in court with regard the 1MDB case. Najib was still Prime Minister then. Datuk Ahmad Terrirudin Mohd Salleh has been appointed to be Malaysia's next attorney general from September 6 ...Terrirudin will replace Tan Sri Idrus Harun whose contract ends on September 5. Note that on 4th September, The prosecution on Monday decided to withdraw all 47 charges of criminal breach of trust, graft, and money laundering faced by Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi, after applying to discharge all the charges. ' At the start of the trial on Monday, deputy public prosecutor (DPP) Datuk Mohd Dusuki Mokhtar told the judge that he had instructions from Attorney General Tan Sri Idrus Harun to discontinue the charges against Zahid. Mohd Dusuki told the judge that the case should be classified as DNAA as the Malaysian Anti-Corruption Commission (MACC) is still investigating the charges, after Zahid had sent letters of representation to both the AG and the MACC earlier this year. Why should the PP/AG still recharge Zahid Hamidi and let the trial continue? At the end of the day, it is the court that decides whether any accused is GUILTY or not... so TRUST the Judge and the COURTS. Let the court consider all evidence, including the one's contained in Zahid's letters of representation - and at the end of the trial, let the Judge decide whether Zahid is GUILTY or NOT. In Zahid's case, NOTE that the prosecution had already successfully proved a PRIMA FACIE case against Zahid - meaning that if Zahid now fails to raise a 'reasonable doubt' he will 100% be convicted and sentenced according to law. It is not for the AG/Public Prosecutor to decide whether one is GUILTY or Not. It is not for the police or even the Prime Minister.It is for the COURT to decide after a FAIR TRIAL - so recharge Zahid, and let the Court decide... By discontinuing the criminal case mid-stream, the Court is unable to do what it is supposed to do, i.e decide on the GUILT of Zahid Hamidi. So, charge him again and let the TRIAL continue until the end... TRUE, PM Anwar Ibrahim or the current PH led coalition government, where BN/UMNO is a key partner that allowed PH to get the needed numbers for Anwar to be PH, may not have been involved in the decision made by AG/PP Idrus Harun ---- BUT, public perception is another matter... given the following factors:- 1) The lead Prosecutor was suddenly removed - she did not retire. WHY? 2) Then the Public Prosecutor/Attorney General Idrus Harun, on the day before he ends his term DISCONTINUES the case against Zahid. [Note Najib's alleged pardon also came day/s before the King ended his term] . No one could even directly question the AG/PP IDRUS HARUN as he was no longer the AG/PP of Malaysia. Remember that Idrus Harun was first given a 1-year contract, and then a 2nd 6 month contract. The Malaysian government today announced that Tan Sri Idrus Harun has been reappointed as the attorney general (AG), and that he would be serving one year under the latest appointment.... Chief Secretary to the Government Tan Sri Mohd Zuki Ali made the announcement today. It is notified that in line with Article 145(1) of the Federal Constitution, Seri Paduka Baginda Yang di-Pertuan Agong has assented to the reappointment of Y Bhg. Tan Sri Idrus bin Harun as attorney general for a period of one (1) year with effect from March 6, 2022, Mohd Zuki said in a brief one-paragraph statement today. And then, another 6 month extension Attorney General Tan Sri Idrus Harun has been re-appointed as the country's top law officer for a period of six months...."His Majesty the Yang di-Pertuan Agong has approved the re-appointment of Tan Sri Idrus Harun as Attorney General for a period of six months effective from March 6," After he ended his term on 5 September, he was a ppointed as Chairman of a GLC. Former attorney general Tan Sri ldrus Harun has been appointed as the new chairman of Amanah Raya Bhd (AmanahRaya) effective from Oct 10. - and is this not under the Finance Ministry, where the Finance Minister is Anwar Ibrahim. It looks 'like a thank you' gift from Anwar - for what? For discontinuing his Deputy PM's criminal trial? That is what it may look like to some members of the public, and this is not good at all...It may not be, but maybe Anwar ought to clarify... REFORM NEEDED - No retiring AG/PP, Judges,and Senior Public Servants can be appointed to any company or government position immediately after retirement maybe for a 'cooling off period' of at least 3 years. Maybe, we need a specific law that governs post-retirement or after serving out their contractual term as AG/PP or senior public officials. The law should prohibit disclosure of 'insider confidential information' to new employer or others. The law should prohibit direct dealings with Public Prosecutors(in the case of a retiring AG/PP or senior prosecution staff) for the new employer > a senior still have a lot of 'infleunce' with their juniors still in public service... WE SHOULD REALLY THINK OF THIS? After all, these persons still enjoy large pensions .. REFORM NEEDED : - The Public Prosecutor must be provided with safeguards to maintain their independence, including SECURITY OF TENURE. The practice of extending their tenure post-retirement via contracts must stop - as there are sufficient capable Malaysians who can be appointed as the NEW Public Prosecutor(and/or AG). - Note Gani Patail was prematurely removed from office - Idrus Harun, after he retired was given a 1 year contract, then a 6 month contract > such practice is BAD as the Public Prosecutor/AG may end up being 'government friendly' rather than being truly INDEPENDENT, as his hopes that he will be given another contract extension...may impact his/her independence. Best, when they reach retirement age, they RETIRE and a NEW PP/AG is appointed. The possibility of extension of tenure undermines security of tenure as a safeguard to ensure Independence - especially independence from the State and the appointing authority. Waiting for JudgeCollin Lawrence Sequerah to RETIRE so that they can get a new Judge to hear Zahid Hamidi's Case. This is not right, as the same judge who heard Zahid Hamidi's from start, who also after prosecution decided that the prosecution had proven a prima facie case and ordered Zahid Hamidi to present the Defence case, must be the JUDGE who hears the case until the very end - and decide whether Zahid is GUILTY or Note. Even if Judge Collin Lawrence Sequerah decides at the end of trial that Zahid is guilty, convicts and sentence him - Zahid has still the right to appeal to the Court of Appeal or even later to the Federal Court, and the Appeal Courts may disagree with the trial judge. A judge decides not only on the evidence submitted, but he also asses the witnesses when they testify(deciding on the amount of weight that ought to be given to any particular witness). If another judge takes over Zahid's criminal case, all he has is the Notes of Evidence - and he may not be able to determine the credibility of the witnesses just by reading notes of proceedings. BEST, in the interest of JUSTICE that it is the SAME judge that hears and determines, especially criminal trials from begining to end. There are JUDGES and judges, and some have been found wanting by the public like the now infamouse Judge Augustine Paul... HOPE that the PP/Judge is not delaying on using the power to re-CHARGE Zahid so the trial can continue from where it ended until Judge Collin Lawrence Sequerah RETIRES? SELECTIVE NON-PROSECUTION is a serious issue... Najib cleared by AG on RM2.6b and RM42m from SRC Intl Apandi Ali says he has thoroughly studied papers submitted to him by MACC and finds there are no criminal elements involved, and orders the cases closed. Tarrence Tan - 26 Jan 2016, 11:53am PETALING JAYA: Attorney-General Apandi Ali has cleared Prime Minister Najib Razak of any offences pertaining to the RM2.6 billion donation and the RM42 million from SRC International Sdn Bhd. In a hurriedly gathered press conference, Apandi announced that he had thoroughly studied the papers submitted to him by the Malaysian Anti-Corruption Commission (MACC) and ordered the cases closed. I am satisfied that based on the evidence from witnesses and supporting documents submitted to me by the MACC, it shows that the sum of USD681 million (RM2.08 billion) transferred into the personal accounts of the PM between 22.03.2013 and 10.04.2013 is a personal donation to the PM by the Saudi Royal family. Evidence obtained from the investigation does not show that the donation was given as an inducement or reward for doing anything in relation to his (Najibs) capacity as PM, he said. Apandi said the fact that the MACC had met and recorded statements from witnesses, including the donor, also confirmed that the donation was given personally and not given as a form of gratification, or given corruptly. Apandi also said that Najib had on August 2013 returned a sum of USD620 million (RM2.03billion) back to the Saudi royal family as the sum was not utilised. The AG also cleared Najib on the charge of receiving RM42 million from SRC International, saying there was no evidence to show that the PM had abused his position during the cabinet meeting which approved the government guarantee on the RM4 billion loan to SRC from Kumpulan Wang Persaraan (KWAP). Evidence also shows that the loan approved by KWAP and the loan guarantee by the cabinet was properly done [and there is] no evidence to show the PM had solicited or was promised any gratification from any party, either before, during, or after the cabinet decision was made, he said. He summarized that MACCs investigation did not show that the PM had committed any act of corruption. Thus, he said there was no necessity for Malaysia to make a request for mutual legal assistance to any foreign state for the purpose of completing the criminal investigation by the MACC. It was previously reported that Apandi had sent the investigation papers on both cases back to the MACC, requesting additional information on suggestions and recommendations made by them. The RM2.6 billion came to light following a report by the Wall Street Journal that alleged the sum was channeled into Najibs personal bank accounts just before the general election of 2013. The report also claimed the money had come from 1Malaysia Development Bhd although the MACC, after investigating the matter, denied this. Najib later revealed that the money was a political donation given to him by someone from the Middle East to help him and Barisan Nasional win in the 13th General Election. It was also alleged that Najib had received RM42 million from SRC International, a former subsidiary of 1MDB before it was placed under the Finance Ministry in 2 . The Finance Minister, however, denied the sum was banked into his account. Earlier this month, former Prime Minister Dr Mahathir Mohamad predicted Apandi would ignore the MACCs report on the donation and SRC International and that nothing significant would come out of the investigations. - FMT, 26/1/2016 Prosecution withdraws all 47 charges against Zahid after four-year trial By Timothy Achariam / theedgemalaysia.com 04 Sep 2023, 11:26 am Updated - 01:44 pm The reasons given by the learned DPP, including that of the setting up of the RCI [...] does not in any manner suggest that as far as the charges involved in this case [is concerned], that this is the end of the matter. High Court Justice Datuk Collin Lawrence Sequerah KUALA LUMPUR (Sept 4): The prosecution on Monday decided to withdraw all 47 charges of criminal breach of trust, graft, and money laundering faced by Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi, after applying to discharge all the charges. The High Court judge in the Yayasan Akalbudi trial, Datuk Collin Lawrence Sequerah, upheld the prosecutions application for a discharge not amounting to acquittal (DNAA) for Zahid, as opposed to the defences request for a full acquittal. A DNAA means an accused person can face trial for the same charges in the future, if the prosecution decides to reinstate them. The decision ended a trial which had spanned three years and ten months involving 99 witnesses, and which hadestablished a prima facie case with Zahid having entered his defence. At the start of the trial on Monday, deputy public prosecutor (DPP) Datuk Mohd Dusuki Mokhtar told the judge that he had instructions from Attorney General Tan Sri Idrus Harun to discontinue the charges against Zahid. Mohd Dusuki told the judge that the case should be classified as DNAA as the Malaysian Anti-Corruption Commission (MACC) is still investigating the charges, after Zahid had sent letters of representation to both the AG and the MACC earlier this year. However, Zahids lawyer Datuk Hisyam Teh Poh Teik had asked the judge to consider a full acquittal instead, as the prosecution did not give a timeline to complete its investigations. Sequerah asked the court to stand down while he deliberated on the matter and came back a few moments later to quash the defence's application and uphold the DNAA sought by the prosecution. In reading out his decision, Sequerah said the prosecution had intimated that while it has sought a DNAA, investigations against Zahid are still ongoing. It is clear from the reasons given by prosecution that investigations are still ongoing as a result of representations made by the defence. However, it must be borne in mind that it was intimated to the court on a previous occasion, when an adjournment was sought for by the defence, that these representations took up several pages, I think it ran into hundreds of pages, if memory serves me correctly, the judge said. It is therefore justified that the prosecution needs more time to examine these representations, which also involves taking statements from various individuals, Sequerah added. Sequerah also said the prosecution had asked for the DNAA based on a Royal Commission of Inquiry (RCI) on former AG Tan Sri Tommy Thomas controversial memoir. According to the prosecution, there is a need to investigate Thomas memoir, which is relevant to Zahids charges. The judge said that just because the DNAA is granted, this does not mean that it is the end of the matter. The reasons given by the learned DPP, including that of the setting up of the RCI although they do not have a timeline, does not in any manner suggest that as far as the charges involved in this case [is concerned], that this is the end of the matter, he said. Sequerah further said the trial commenced on Nov 18, 2019 and to date, some 77 days of trial has elapsed. He also added the case was at the defence stage with Zahids 15th witness giving evidence. The prosecution have in my considered view, given considered reasons why they seek a DNAA in this case, Sequerah said before granting the DNAA. Zahid, who is Bagan Datuk Member of Parliament, was ordered by Sequerah to enter his defence in respect of all 47 corruption charges in relation to Yayasan Akalbudi last year. Twelve of them are criminal breach of trust charges, followed by eight for graft, and 27 for money laundering. In October last year, Zahid was acquitted of a separate set of 40 graft charges in relation with an award of a contract for a foreign visa system (VLN) and one-stop services (OSC) in China when he was home minister. At the time, the High Court judge Datuk Mohd Yazid Mustafa found that the prosecution had not made out a prima facie case as it had failed to prove the element of graft. Zahid has since sent letters of representation to the Attorney Generals Chambers with regard to the prosecutions appeal over the VLN case. - The Edge, 4/9/2023 Raja Rozela appointed as judicial commissioner By Rahmat Khairulrijal - December 8, 2023 @ 5:26pm Datuk Raja Rozela Raja Toran was among nine judicial commissioners who received their letters of appointment from Chief Justice Tun Tengku Maimun Tuan Mat. -BERNAMA PIC PUTRAJAYA: The lead prosecutor who had been dropped from Datuk Seri Dr Ahmad Zahid Hamidi's corruption trial was appointed as a judicial commissioner. Datuk Raja Rozela Raja Toran was among nine judicial commissioners who received their letters of appointment from Chief Justice Tun Tengku Maimun Tuan Mat today. The other eight are Arziah Mohamed Apandi, the daughter of former attorney-general Tan Sri Apandi Ali, Datuk Hazizah Kassim, Kan Weng Hin, Rosli Yusoff, Gan Techiong, Suriyati Hasimah Mohd Hashim, Maslinda @ Linda Mohd Ainal, and Saiful Azian Mokhtar. Raja Rozela had been the lead prosecutor for two of Zahid's trials involving the misappropriation of funds belonging to Yayasan Akalbudi (YAB) and the 40 charges of corruption in connection with the Foreign Visa System (VLN). On Aug 8, the New Straits Times confirmed that Raja Rozela, 58, had been -year-old was dropped from the Yayasan Akalbudi trial. Attorney-General's Chamber appellate and trial division head Datuk Mohd Dusuki Mokhtar had been chosen to replace Raja Rozela as the lead prosecutor before the case was granted discharged not amounting to acquittal (DNAA) by the High Court in September. This was after the Attorney-General's Chambers (AGC) decided to stop the case based on various new evidence raised by the defence in their representation letters. This was after the High Court granted the deputy prime minister a discharge not amounting to acquittal of 12 criminal breach of trust (CBT) charges, eight counts of bribery and 27 for money laundering, involving scores of millions of ringgit belonging to YAB. - NST, 8/12/2023 Ali Hamsa reveals how Gani Patail was issued termination letter By Sharanjit Singh - August 24, 2020 @ 3:52pm H Former Attorney General Tan Sri Abdul Gani Patail. - NSTP/File pic KUALA LUMPUR: A former top civil servant in the country today revealed how former Attorney General Tan Sri Abdul Gani Patail was handed his termination letter in the wake of the 1Malaysia Dvelopment Bhd (1MDB) scandal in 2 . Tan Sri Ali Hamsa, who was the chief secretary to the government from 2 to 2018, said he was the one who personally handed the letter to Gani while the latter was at a meeting. Ali touched on the subject when he was questioned by lead prosecutor Datuk Seri Gopal Sri Ram in Datuk Seri Najib Razak's ongoing trial involving the tampering of the 1MDB audit report. Najib and co-accused Arul Kanda Kandasamy - who is former 1MDB chief executive, listened closely from the dock as Sri Ram asked the 64-year old witness to explain how Gani was given his termination letter. Sri Ram: Did you play any role in the removal of the former Attorney General Tan Sri Abdul Gani Patail? Ali: I was asked to issue a cover letter and handed this personally to Gani Patail Sri Ram: What did you tell him when you gave him the letter? Ali: I just gave him the letter. He opened it in front of me and read it. After that I left. Earlier, Ali, who is the fourth prosecution witness, said he had served under four prime ministers namely Tun Dr Mahathir Mohamad, Tun Abdullah Ahmad Badawi, Datuk Seri Najib Razak and again under Dr Mahathir during his stint in the government. He was called to the stand again today to be cross-examined by Najib's lead counsel Tan Sri Muhammad Shafee Abdullah before he was re-examined by Sri Ram. The cross-examination before High Court judge Mohamed Zaini Mazlan will continue tomorrow. Datuk Seri Najib Razak arrives at the court ahead of the hearing. - NSTP/FATHIL ASRI. Ali had previously testified that Gani was forced to leave office after Najib lost trust in him. He testified that this happened at a time when then deputy prime minister Tan Sri Muhyiddin Yassin had started kicking up a storm about 1MDB in Cabinet meetings and had also met Gani. He also revealed that the letter of Gani's removal was drafted by his assistant in Najib's presence before the latter took it to the Yang di-Pertuan Agong to be signed. It was reported that Gani was subsequently replaced as AG and the government had then cited the latter's ill health behind his removal. His successor Tan Sri Mohamed Apandi Ali later cleared Najib of any criminal wrongdoing involving 1MDB matters. Najib, 67, is now accused of using his position to order amendments to the 1MDB final audit report that had already been finalised by the Auditor General before it was tweaked again and presented to the Public Accounts Committee (PAC). He is accused of committing the offence between Feb 22 and 26, 2016, at the Prime Minister's Department in Putrajaya. Arul Kanda, 44, is accused of abetting Najib in making amendments to the report, at the same place and time. Both face up to 20 years jail and fine, if convicted. - NST, 24/8/2020 Idrus Harun reappointed as AG, to serve one more year Tan Sri Idrus Harun has been reappointed as the attorney general (AG) and would be serving one year under the latest appointment. Picture by Azinuddin Ghazali By IDA LIM Tuesday, 08 Mar 2022 6:14 PM MYT KUALA LUMPUR, March 8 The Malaysian government today announced that Tan Sri Idrus Harun has been reappointed as the attorney general (AG), and that he would be serving one year under the latest appointment. Chief Secretary to the Government Tan Sri Mohd Zuki Ali made the announcement today. It is notified that in line with Article 145(1) of the Federal Constitution, Seri Paduka Baginda Yang di-Pertuan Agong has assented to the reappointment of Y Bhg. Tan Sri Idrus bin Harun as attorney general for a period of one (1) year with effect from March 6, 2022, Mohd Zuki said in a brief one-paragraph statement today. Under Article 145(1), the Yang di-Pertuan Agong shall, on the advice of the prime minister, appoint a person who is qualified to be a Federal Court judge to be the attorney general. Todays announcement came after Idruss two-year term as attorney general was to officially end on Sunday (March 6). Idrus, now aged 67, was first appointed on March 6, 2020 to be attorney general for a two-year term. Idrus replaced Tan Sri Tommy Thomas who had resigned from the position in late February 2020. Immediately before becoming the attorney general in March 2020, Idrus was serving as a Federal Court judge. Throughout his 42-year career, the Kedah-born Idrus who is also a law graduate from Universiti Malaya had served in multiple positions such as in the Attorney Generals Chambers (AGC) division which is tasked with drafting laws, being the head of the Federal Territory Prosecution Unit, and being a deputy public prosecutor with the AGC. Idrus had also in the past served as senior federal counsel to both the Election Commission and the Malaysian Anti-Corruption Commissions (MACC) predecessor Anti-Corruption Agency, and also as the solicitor general the second-highest ranked AGC official after the attorney general from 2006 to 2014. He then served as a Court of Appeal judge for about four years, and as Federal Court judge from November 2018 until his March 2020 appointment as attorney general. Idrus is also the older brother of Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun. Previously, on March 6, which was when Idruss term would have ended, news portal Free Malaysia Today (FMT) had reported Malaysian Bar president AG Kalidas as questioning the seeming delay in making an announcement over whether there has been an extension of Idruss term as attorney general. It would be prudent if the prime minister does not wait until the eleventh hour to advise the Yang di-Pertuan Agong and announce the appointment in the event of vacancy or the extension of the current appointment, Kalidas was quoted as telling FMT. - Malay Mail, 8/3/202 2 Idrus Harun reappointed as AG for six months By New Straits Times - March 3, 2023 @ 9:35am Attorney General Tan Sri Idrus Harun has been re-appointed as the countrys top law officer for a period of six months. KUALA LUMPUR: Attorney General Tan Sri Idrus Harun has been re-appointed as the country's top law officer for a period of six months. In a statement today, Chief Secretary to the Government Tan Sri Mohd Zuki Ali said the Yang di-Pertuan Agong has approved the reappointment in accordance with Clause (1) Article 145 of the Federal Constitution. "His Majesty the Yang di-Pertuan Agong has approved the re-appointment of Tan Sri Idrus Harun as Attorney General for a period of six months effective from March 6," the statement read.- NST, 3/3/2023

affiliations. A DAP supporter may not participate in a protest organised by PN eventhough he/she supports the call, but would participate if it was BERSIH or some non-party partisan groups is organizing. But, sadly some believe that BERSIH and many other human rights groups were 'compromised' after GE14 - unwilling to protest against PH >>> always talking about 'giving more time' even in the face of obvious wrongs committed that angers justice loving persons. Even now, after the recent discontinuance of Zahid Hamidi's criminal case, Najib's pardon, etc - BERSIH is still waiting 'giving more time' - ' ready to organise another mass demonstration against the government if it does not take concrete steps to implement promised institutional reforms in the coming parliamentary meetings.' HOW LONG BEFORE BERSIH MOVES? Is BERSIH still independent, or is it sympathetic to Anwar Ibrahim, a former ABIM leader? Muhammad Faisal Abdul Aziz has been elected as the new Coalition for Clean & Fair Election (Bersih) chairman for the 2023-2025 term... Muhammad Faisal was the former president of the Muslim Youth Movement Malaysia (Abim) from 2019 to 2023 and deputy chairperson of Bersih from 2018 to 2020. How many Parliamentary meetings... until the end of this government's term in office? If BERSIH has no intention to organise a peaceful assembly - do not deceive the public...and maybe others will take the initiatives..A peaceful assembly's timing - best after something that angers the public, and Najib's pardon was such an event - it will be ineffective to wait several months for the issue may be 'forgotten' like Zahid's DNAA has become,...SO, BERSIH SHOULD DO IT NOW AND NOT WAIT ANYMORE.. Many in Malaysia are waiting for the opportunity to express their unhappiness or 'disappointed' with the Malaysian government, now under the premiership of Anwar Ibrahim and his PH led government... Anyway, with the draconian Peaceful Assembly Act still in place - will BERSIH even be allowed to organize a peaceful assembly at the Dataran Merdeka, etc > or will they be forced to do in in some closed stadium or in some field far away from the public eye? I wonder...I wonder... Sadly, often they cannot hope for their 'elected representative' MPs to raise their issues, especially if it a criticism of current government policies and practices - because most PKR,DAP,Amanah or UPKO MPs appear just too 'afraid' to express views publicly that are critical of PM Anwar(also the Chairperson of PH) or his government >>> for the worry is that if they do, they may be 'penalized' by the party or get in the 'bad books' of ... Despite Anwar's government backtracking on election promises or party promises, how many PKR, DAP or Amanah MPs even spoke out about SOSMA, Sedition Act and its continued usage... MPs - they are in name, but their failure to SPEAK OUT publicly their views and the people's concerns especially if it is against Anwar or their own political parties is disturbing... So, who speaks for the people of Malaysia? Sadly, for many - it goes back to the people themselves to speak out for themselves... Going into GE15, many people voted against BN and voted for PH. But, then PH formed a coalition government with the 'enemy' BN, and BN/UMNO leader the Deputy PM position, and even made one of the BN leaders the Deputy Finance Minister...Well, it is true that PH had little or no choice after PN decided that it will not form a unity government with PH, and the Sarawak/Sabah MPs also did not. Left with no choice, PH formed a coalition government with BN...maybe the only option between becoming government or remaining Opposition. Such coalition with 'enemy' is common place in many jurisdictions. BUT, then when it came to the subsequent 6 State elections, PH formed an electoral pact with BN - when, it would have been best to contest the said State elections alone, and after the results came out decide whether to form a coalition government with BN or any other party IF AND ONLY IF PH failed to win sufficient seats to form government on its own. Hence, what the PH did could be seen as a 'BETRAYAL' of the people - something that warrants the immediate resignation of all PH MPs - If GE was held today, will PH still have the support of the people and win the majority of seats again? The new 'unity government' has since then abandoned a lot of REFORMS that was expected by PH - none of the bad laws like Sedition Act, SOSMA, Detention Without Trial laws, etc were even repealed, let alone amended after all this time to remove the draconian provisions contained there in. Local Government(Council) election promise was 'forgotten' ... Then, recently we had the pardon of Najib, the discontinuance of criminal case against Zahid... Of course, the people may have much grievances against PM Anwar Ibrahim and his government...and one way that they can really express their grievances, expectations,..is maybe through a PEACEFUL ASSEMBLY ... and so, there is likely to support when BERSIH said it was planning or rather contemplating the holding of a PEACEFUL ASSEMBLY (so, is it all talk by BERSIH). BERSIH in the past had demonstrated that it had the capacity to get tens of thousands, hundreds of thousands to participate in peaceful assembly... BUT post GE14, BERSIH suffered a loss of credibility - when its leader was co-opted to contest as a PH MP(who was then dropped come GE15), and other key personalities were given government or PH-linked positions. The result was BERSIH's image - it was seen as a pro-PH movement. It must dispel such perception and reclaim its image as an independent pro people movement...not a 'tool' of any political parties. Can it? BERSIH's ability to get peoples' support was because it was seen to be independent of political parties despite the fact that many Opposition parties grabbed the opportunity to subsequently support these BERSIH organized peaceful assembly... Bersih has not invited Perikatan Nasional (PN) to join in protesting the reduced sentence for former prime minister Najib Razak, says coalition secretary-general Hamzah Zainudin...When asked if PN would join the electoral watchdog at such demonstrations, Hamzah said both parties must first discuss the issues they should collectively fight for. It was absurd for PN to suggest that it will not support a BERSIH protest unless ' both parties must first discuss the issues they should collectively fight for.' BERSIH can invite views from all quarters, including political parties but ultimately BERSIH must independently act...of course inviting all, persons and parties to join... Remember, the people are not just unhappy with PH-led unity government but also some of the matters in PN governed states - or just positions taken by some political parties and/or politicians. PN can organize its own peaceful assembly and determine the issues they fight for in their peaceful assembly - WHY DON'T THEY? Sadly, many political party simply is not confident enough that they can attract Malaysians from all walks of life, religion, ethnicities, etc to come out for a peaceful assembly...NO GUTS. Even the government fears that they will not get the peoples' support if they organize a peaceful assembly - so, even such an assembly is heard, we hear rumours of people being 'paid' to attend, 'ordered' to attend... BERSIH organised peaceful assemblies according the people the ability to express their many grievances against the government - but there has been NO BERSIH organised peaceful assemblies after GE14, after PH became government ousting the BN rule and domination of the Federal Government. The last big BERSIH Protest happened on November 2016. The rallyhighlighted five demands: clean elections, clean government, strengthened parliamentary democracy, the right to dissent, and empowerment for Sabah and Sarawak under the tagline Satukan Tenaga Malaysia Baru (Stand United New Malaysia). The demands are still valid in 2024 - Will BERSIH act and lead? Will they organize a PEACEFUL ASSEMBLY ... Bersih warns Putrajaya of fresh protest unless reform agenda put back on track The Coalition for Clean and Fair Elections (Bersih 2.0) today told the Putrajaya that it was ready to organise another mass demonstration against the government if it does not take concrete steps to implement promised institutional reforms in the coming parliamentary meetings. Picture by Hari Anggara. By Zaf Seraj Wednesday, 07 Feb 2024 2:40 PM MYT PETALING JAYA, Feb 7 The Coalition for Clean and Fair Elections (Bersih 2.0) today told Putrajaya that it was ready to organise another mass demonstration against the government if it does not take concrete steps to implement promised institutional reforms in the coming parliamentary meetings. Bersih demanded that the government begin delivering on the reforms promised during the 15th general election in 2022, including the separation of the attorney generals functions and the restoration of Parliaments independence from the executive. The people urge the government to implement the 100 per cent reform agenda without compromise. Bersih will not hesitate to mobilise the people to take to the streets as this is the language best understood by those comfortably in power, regardless of the various excuses given, said Bersih chairman Faisal Abdul Aziz in a press conference here today. Faisal said the government must implement these reforms as they were promised the election manifestos of the coalitions that were now in power. He added that the priority was for structural reforms, and that his organisation would closely monitor the next parliamentary meeting for progress on these promises. Faisal said Bersih was issuing this warning due to recent developments that show the derailment of the reforms agenda. Bersih and other NGOs present at the press conference expressed their disappointment with the governments failure to reveal the advice submitted to the Pardons Board on Datuk Seri Najib Razaks pardon application as well as the discharge not amounting to acquittal (DNAA) given to Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi for his corruption charges after the courts had determined prima facie. Faisal said that while there is no legal obligation for the government to explain, it still has a moral responsibility to do so in matters that were of significant public interest. Aliran executive committee member K. Haridas clarified that the public were not questioning the Yang di-Pertuan Agongs discretionary powers enshrined in the Federal Constitution, but rather the governments advice on Najibs pardon application. Suara Rakyat Malaysia (Suaram) program director Azura Nasron complained of the lack of transparency in the matter, asking why Najibs application was expedited over those of death row inmates made previously. Electoral watchdog Bersih has organised five massive protests considered to be inflection points in the evolution of Malaysias political landscape, beginning with the first in 2007 - Malay Mail, 7/2/2024 Hassan backs Bersihs call for protest, says reforms taking too long Pasir Gudang MP Hassan Karim says the slow pace of reforms has left the people disillusioned and disappointed in the unity government. Anne Muhammad - 09 Feb 2024, 10:51am Election watchdog Bersih held rallies in 2 and 2016 over the 1MDB scandal. (Bernama pic) PETALING JAYA: PKR veteran Hassan Karim says Bersih should take to the streets to protest the sluggish pace of reforms under Prime Minister Anwar Ibrahims leadership. The Pasir Gudang MP said the issue has left the people disillusioned and disappointed in the unity government. So it is only natural if Bersih decides to take to the streets to voice their protest against Pakatan Harapan (PH) and the government under Anwars leadership for their failure to implement the changes as promised, he told FMT. Hassan Karim. Last Wednesday, Bersih warned that it would not hesitate to organise street protests again if the government does not commit to its institutional and political reform agenda. At a press conference, Bersih chairman Faisal Abdul Aziz said Malaysia was in a critical period of democratic transition that required the coming together of all parties to realise reforms. Bersih will not hesitate to mobilise the people back to the streets, a language comprehensible to those in power who have been dismissing the peoples aspirations with excuses against supporting reforms. We urge the government to implement the reform agenda without compromise, he said. Faisal also said the handling of recent corruption cases involving political elites, including former prime minister Najib Razak, had left the public as well as civil society organisations disappointed and angry. However, government spokesman Fahmi Fadzil said the government has never forgotten about the institutional reforms it once promised, adding that it is one of the main agendas pursued by Anwars administration. Hassan said Bersihs fight for free and fair elections also included demands for reforms as pledged by PH in their election manifesto. The people have very high hopes for the reforms promised, he added. Hassan pointed out how between 2018 and 2020, the previous PH government led by former prime minister Dr Mahathir Mohamad had also failed to implement the promised reforms, with the latter claiming that the PH manifesto was not a bible. So when Anwar, a leading advocate for reform and who spearheaded the movement back in 1998, became prime minister, of course people anticipated the promised reforms, but more than a year into the Anwar administration, reforms are progressing too slowly, he said. Bersih has been holding protests since 2007 to shine a light on alleged electoral malpractices and to push for fair elections. It also held rallies in 2 and 2016 over the 1MDB scandal. - FMT, 9/2/2024 Thousands gather for Zahid DNAA rally despite police warnings The participants then head to the Dang Wangi police headquarters to lodge a report. Ahmad Mustakim Zulkifli September 16, 2023 1:40 PM Share Members of the PAS crowd control unit escort the participants of the 'Save Malaysia' rally as they move from Kampung Baru to the Dang Wangi police headquarters to lodge a police report in Kuala Lumpur, Sept 16. Crowds today gathered for the "Save Malaysia" rally in Kampung Baru, Kuala Lumpur, to protest the attorney-general's decision to halt the corruption trial of Deputy Prime Minister Ahmad Zahid Hamidi. Dressed in white, they gathered at the Kampung Baru mosque after the afternoon prayer, carrying placards calling for the Umno president to be re-prosecuted. They then began moving to the Dang Wangi police headquarters, where a police report will be lodged by the organiser's secretariat, Tun Faisal Ismail Aziz. Those in attendance included activist Badrul Hisham Shaharin or Chegubard, who was released following his arrest several days ago, Bersatu information chief Razali Idris, and Pejuang information chief Rafique Rashid. 'Save Malaysia' participants move from Kampung Baru to the Dang Wangi police headquarters to lodge a police report. Tun Faisal earlier said in his speech that no gathering would be held. "We want to express our desire, guaranteed under the constitution, that there was something amiss when Zahid was given the DNAA," he said, referring to the discharge not amounting to acquittal granted to Zahid for 47 charges of corruption in the Yayasan Akalbudi case. "Before the election, they promised they would jail Zahid, not put him in Putrajaya." - Malaysia Now, 16/9/2023 After Bersih 5: Fear and Repression Continue in Malaysia While the latest rally went off peacefully, that should not overshadow an ongoing crackdown. By Khoo Ying Hooi November 23, 2016 Credit: Jiannoi93 via Wikimedia Commons The much-anticipated Bersih 5 rally in Malaysia has finally concluded in a relatively peaceful manner, despite some minor incidents in the evening of November 19 amidst a downpour. Bersih 5 is intended to pressure the government toward a new, reformed Malaysia through institutional changes to the countrys flawed governance system ahead of the 14thGeneral Election, due by 2018. The rallyhighlighted five demands: clean elections, clean government, strengthened parliamentary democracy, the right to dissent, and empowerment for Sabah and Sarawak under the tagline Satukan Tenaga Malaysia Baru (Stand United New Malaysia). As investigations on the 1Malaysia Development Berhad (1MDB) scandal continue, Prime Minister Najib Tun Razaks administration has become increasingly repressive and authoritarian. While Saturdays rally wasoverall considered as peaceful due to theheavy police presence in cordoned-off Kuala Lumpur to prevent apotential clash between the Bersih yellow shirts and Red Shirts it is not an indication that state repression has decreased. A day before Bersih 5, there wasa series of heavy-handed attempts to intimidate activists and opposition leaders. Fears of clashes between Bersih and Red Shirts were real after the latter threatened to target Bersih supporters. It was a dramatic Bersih eve, with more than a dozen from the Red Shirts and the Bersih group arrested. The pre-rally arrests had the result of causingmore fear forpotential protesters that intended to participate in the Bersih 5 rally the next day. Many are also angry that Bersih co-chair Maria Chin Abdullah is being held under the countrys anti-terror law, Security Offenses (Special Measures) Act 2 , which allows preemptive detention for up to 28 days. There were also social attempts to dissuade protesters. Religious authorities told Muslims ahead of the Bersih 5 rally that staging demonstrations would invite foreign intervention and run contrary to Islamic laws. In the Friday sermon prepared for mosques nationwide, the Department of Islamic Development Malaysia (Jakim) highlighted the Islamic way of changing leaders faults through advice, prayers, and assisting leaders in virtuous matters. A day after the rally, Deputy Prime Minister Ahmad Zahid Hamidi announced that more individuals would be arrested. Arguing that the law must be respected, he is reported as saying that a list of individuals involved in the Bersih 5 and Red Shirt rallies have been identified, but the names will not be disclosed. On the rally day itself, there was a strong police presenceon standby, with Federal Reserve Unit (FRU) trucks and lots of barricades. Approximately 7,000 policemen were on duty to ensure security and public order. Water cannon trucks were also deployed. Traffic at 58 roads in seven areas in the city was divertedstarting at 7 am on the morning of the rally itself to keep the two rival groups from meeting. he rally organizers original plans to convene in Dataran Merdeka for the finale was halted by police as various barricades were erected along main roads leading to the square. Eventually, the organizers made eleventh hour plans to convene the crowd in Kuala Lumpur City Center (KLCC), and the rally was allowed to proceed as planned with no interruption from the police. Former Prime Minister Dr. Mahathir Mohamad turned up unannouncedjust after 2 pm in Bangsar; this marked his second time participating in a Bersih rally. According to estimates from the police, there were about 15,000 protesters from Bersih group and 2,500 from the Red Shirts. The online portal Malaysiakini estimated that more than 40,000 protesters marched in the rally organized by Bersih. Malaysiakini estimated the number of Red Shirts who also took to the streets at around 4,000. As the protesters were not allowed to converge at meeting points before they decided to gather at KLCC later in the day, it is difficult to estimate the exact number who turned out. However, turnout figures areno longer a direct reflection of the support received by Bersih in view of the repressive situation, which does not encourage people to come out and protest without feeling fearful. Whilesome have suggested that political fatigue is setting in among Malaysians, dimming enthusiasm for political rallies,it is equally important to understand that Malaysia does not have an enabling environment for peaceful citizen action. What could explain the pre-Bersih crackdown this time around is the real fear the government itself has towardcitizen action. The much-predicted clash between the red and yellow shirts did not happen, due to the heavy road closures by the police. The police managed toprevent the two groups from clashing; however, in blocking off roads they also impinged on the right of protesters to march peacefully. Although the police were even-handed in their treatment of both groups, the heavy road closures were unnecessary. While some argue that repression is hinders popular mobilization, due to the added costs associated with mobilizing, others insist that repression potentially increases grievances which could lead to more united collective action. This is Bersihs fifth rally and this year marks the movements10thanniversary. While many have argued Bersih has achieved little in demanding the government make meaningful reforms, one interesting trend that has emerged is that how state repression influences Malaysians ability to challenge the government. Although state repression limits protests, over time it has also facilitated the continuing growth of civil society in the country, which then led to the crippling of the governments political legitimacy. Najib argued that it is unlawful for any party to try to unseat a democratically elected government via street protests, saying that the people should wait until the next election to choose their government via ballot box. But the crucial issue remains: toppling a democratically elected government and reforming the election process are interlinked issues. Dr. Khoo Ying Hooi is Senior Lecturer at the Department of International and Strategic Studies, Faculty of Arts and Social Sciences, University of Malaya. - The Diplomat, 23/11/2016