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M. Bakri Musa

Seeing Malaysia My Way

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Location: Morgan Hill, California, United States

Malaysian-born Bakri Musa writes frequently on issues affecting his native land. His essays have appeared in the Far Eastern Economic Review, Asiaweek, International Herald Tribune, Education Quarterly, SIngapore's Straits Times, and The New Straits Times. His commentary has aired on National Public Radio's Marketplace. His regular column Seeing It My Way appears in Malaysiakini. Bakri is also a regular contributor to th eSun (Malaysia). He has previously written "The Malay Dilemma Revisited: Race Dynamics in Modern Malaysia" as well as "Malaysia in the Era of Globalization," "An Education System Worthy of Malaysia," "Seeing Malaysia My Way," and "With Love, From Malaysia." Bakri's day job (and frequently night time too!) is as a surgeon in private practice in Silicon Valley, California. He and his wife Karen live on a ranch in Morgan Hill. This website is updated twice a week on Sundays and Wednesdays at 5 PM California time.

Monday, June 26, 2017

Malaysian Reactions To DOJ Lawsuits Reflet Ignorance and Corrupted Concept of Justice

Malaysian Reactions to DOJ Lawsuits Reflect Ignorance and Corrupted Concept of Justice
M. Bakri Musa
www.bakrimusa.com


America is a Rorschach Test to most foreigners. What they view as America reveals more of themselves than of America; likewise, how they react to events in America.

            One visitor to Washington, DC, would see only the homeless under the bridges, potholes on the streets, and “adult” stores at very corner; others, The Smithsonian, Georgetown University, and the National Institutes of Health. The contrasting observations reflect volumes on the observers.

            Consider the Malaysian responses to the US Department of Justice (DOJ) lawsuits relating to alleged illicit siphoning of funds from 1MDB. I am not referring to the kopi-o babbling in the echo chamber of UMNO-paid “cyber-troopers” that pollutes the social media. They are pet parrots; babbling whatever is coached to them. With a different master offering more leftovers they could be made to change their tune.

            What interests me instead are the responses of ministers and commentators. Their utterances expose their appalling ignorance of the American justice system. They also reveal much of themselves, as per Rorschach’s insight.

            One minister, eager to be seen as his master’s favorite lapdog, asserted that DOJ is being influenced by the Malaysian opposition. On cue, the other hounds and bitches piled on. A hitherto severe critic of the establishment pontificated that a former champion college debater together with Mahathir and Daim Zainuddin were involved.

            Heady stuff for a young man! Though flattered, Syed Saddiq went ahead and filed a police report against that blogger! Mahathir described best those who believed such canards: “Bodoh luar biasa!” (Extraordinarily stupid!)

            Those characters must also believe that the American judicial system is like Malaysia’s, where prosecutors could be influenced or paid off a la one Shafee Abdullah. Sarawak Report alleged that he was paid RM9.5 million from Najib’s slush fund before being appointed special prosecutor in Anwar Ibrahim’s case. Shafee has not denied that.

            Another minister declared DOJ’s charges ‘mere’ allegations. Sorry, no marks for stating the obvious. A former journalist-turn-blogger echoed that, and proceeded, for emphasis, to reprint in bold the DOJ’s caution.

            Of course DOJ’s accusations, like all court complaints, are “alleged” until adjudicated by the court. DOJ must have credible evidence to not waste taxpayers’ money on frivolous lawsuits. The jury would not buy it. DOJ does not allege any Joe on the street of corruption.

            Those who believe otherwise must think that DOJ and American courts are like Malaysia’s where prosecutors could be bought to bring on cases with the flimsiest of evidences and still find judges to convict, as with Anwar’s case.

            That is not a far stretch. A few years ago, a defense lawyer known for his amazing ‘skills’ in getting his clients acquitted was caught on videotape assuring his listener that he had the judge in his pocket. The lawyer’s utterance, “Correct! Correct! Correct!” would forever be embedded in the annals of shame in the Malaysian judiciary.

            Then there was the character who insinuated that the ‘inactivity’ of DOJ since its first filing a year earlier reveals its sinister political motive. Had he followed the court’s calendar he would have noted the flurry of activities. Among them, the successful challenge by the new trustee of some of the seized properties to be represented.

            This character went on to opine that since her initial filing in July 2016, US Attorney-General Loretta Lynch had been “fired,” implying that the lawsuit was without merit. Such willful ignorance reveals a deliberate attempt to mislead. Lynch was a political appointee, and with President Trump’s election all such appointees were replaced. Further, the second filing was by her successor.

            Deputy Prime Minister Ahmad Zahid, a local PhD, implied that all the furor over 1MDB were fake news, the concoctions of hostile foreign media! It is instructive that this character did his dissertation on the local media. To him, the likes of The Wall Street Journal are like Utusan Melayu. His response reveals as much about him as the institution that awarded him his doctorate.

            A junior minister accused the Americans of trying to topple Najib, in cahoots with the opposition. Not too long ago he and others were lapping at pictures of Najib golfing with President Obama. That minister however, did not see fit to lead a demonstration at the embassy in defense of Malaysia. Some jantan!

            It is unfortunate that this non-too bright character’s remarks resonated with simple villagers.

            A senior minister, a little brighter being that he was a London-trained lawyer, dismissed the whole DOJ affair. Malaysia had other far more important issues to attend to, he sniffed. If the staggering sums of the loot did not impress him, what about the charges of corruption levelled at the highest government official, cryptically referred to as “Malaysian Official 1.” That should be his and all Malaysians’ top priority.

            Yet another minister advised everyone not to panic. The lady doth protest too much, methinks. Nobody was panicking except her crowd.

            Attorney-General Apandi was miffed that DOJ did not consult him. DOJ’s lawsuits were prompted to protect American financial institutions from the corrupting influences of dirty foreign funds. It does not need Malaysia’s ‘help,’ more so considering that Apandi had declared no wrongdoing.

            Apandi was also upset at the criminal insinuations against the prime minister. His comment unwittingly revealed what he thinks of his job, less as chief prosecutor, more as Najib’s private attorney. No wonder his “investigations” exonerated Najib! Apandi also unwittingly confirmed that MO1 is in fact Najib and that the activities he was alleged to have been engaged in were criminal in nature.

            If the responses were revealing, the non-response or silence was even more so. The lawsuits allege that billions were illicitly siphoned from the company, and it is mentioned umpteen times in the complaints. Yet 1MDB did not seek to be represented as a party of interest. This reflects its management’s inability to separate the company’s interests from those of its officers’. Najib is 1MDB’s chairman. The management confuses Najib with the company. Management is not looking after the company’s interest in not seeking representation, which was how the mess started in the first place.

            Malaysian officials’ responses to DOJ’s lawsuits did not reflect well on them or Malaysia. I can hardly wait for their reactions or “spin” when this DOJ investigation goes on to its next inevitable phase, the filing of criminal charges and or when one of the defendants becomes a prosecution witness.


            Meanwhile, fake news or not and collusion or not, MO1, his spouse, or stepson will not be stepping foot in America any time soon, if ever. That is revealing.

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