Hush, careful what you say or Umno the Bully will throw you in jail

by  Maclean Patrick

It is clear that Umno leaders are unable to hold a public discussion nor can they agree to disagree. It’s either their way or no way at all. This is clear in the case of Mat Sabu, the deputy PAS president, who has become the latest victim in a string of events that continue to show that the biggest bully in the nation is Umno.

Not even two weeks have passed since Prime Minister Najib Razak grandly promised to repeal the outdated Internal Security Act and three Emergency laws to make Malaysia the “best democracy”, yet we are now witnessing the greatest travesty to democracy itself - the silencing of the voices of dissent.

As one member of the public told Malaysia Chronicle in an immediate reaction to Najib's announcement:

"For real changes to be felt by the people, it is not only the law which needs change, but the manner in which they are used," a investment director MK had told Malaysia Chronicle.

"Until the government stops the systematic abuse and misuse of not just the legal system but also institutions like the police and the election commission, civil liberties remain out of reach for us Malaysians.  After all, we used to have an independent judiciary who interpreted the law without fear or favour. Nowadays, the government can enact all the shiny new laws they want, because it is the interpretation and administration of those laws which can be perverted."

Only Umno's opinion matters

Indeed, in a growing democracy, there must be room for all to speak. Bear in mind, all citizens have the right to their opinion. But sad to say, in Umno’s case, only its opinion matters and all others will face the wrath of the law as they twist it to suit their political agenda.

Mat Sabu is facing the wrath of the Umno-led government and its mighty machinery. Attorney-General Gani Patail has conveniently slapped on Section 500 of the Penal Code and promptly got Mat Sabu arrested.

Gani's action is reflective of the federal government as a whole. So far by its actions and track record, it is all out to stifle freedom of speech and expression is totally contrary to Article 10 (1) of the Federal Constitution that states : 10. (1) Subject to Clauses (2), (3) and (4)— (a) every citizen has the right to freedom of speech and expression.

By slapping Section 500 of the Penal Code on Mat Sabu, the AG is actually saying the government is charging Mat Sabu for defaming the government. In criminal cases of defamation, when the state prosecutes a private person for defamation, Section 499 to Section 502 of the Penal Code is applicable.

Criminal defamation

But what is defamation? To put it in simple term, defamation occurs when a person expresses words that may lower another person’s reputation in the eyes of the public. There are two types of defamation in Malaysia: libel and slander. Libel is when such words are expressed in a permanent form which is usually visible to the eye, like in a book, e-mail or picture. Slander is when such words are expressed in a temporary form, usually when spoken or made by body movements.

Both libel and slander are civil and criminal offences. Thus, a person who is guilty of libel or slander may be sued in court, and may even be jailed. In civil cases, the person so defamed will normally sue the maker of the defamatory words for compensation. The amount of the compensation depends on the damage caused to the reputation of the person suing. In criminal cases, the punishment for defamation is a jail sentence for a maximum of two years, or a fine, or a combination of a jail sentence and a fine [Section 500-502 Penal Code].

In Mat Sabu’s case, the AG chose to treat the charge as a criminal case, thus effectively rendering Mat Sabu as a criminal.

Did Mat Sabu, in making a statement concerning a historical event embarrass the government to the extent that he committed a crime? Or is this a mere knee-jerk reaction from Umno, who themselves are embarrassed that historical facts are not what they would have us believe?

Did Mat Sabu encourage people to do mischief or do acts of violence by commenting on a historical event? Furthermore, a statement is a statement; and reactions can run contrary to any statement. Unless, it is proven that Mat Sabu commanded or instructed his followers to act on his statement, mere words are but empty soundbytes.

Abusing the law: What is the real goal?

The AG is being overly sensitive concerning Mat Sabu’s statement and the whole matter does not make sense when you think that it was Utusan Malaysiathat claimed that Mat Sabu glorified the attackers as heros. Things do not make sense from a logical or rational point of view.

This charge against Mat Sabu can only make sense when you look at it as a means to punish a political rival.

Ever since the day Mat Sabu assumed the vice-presidency of PAS, Umno has been out to get him. It was a calculated and intentional move to finally get him using an apparatus of law.

Simple minded Malaysians and the Malay vote are central to Umno’s survival. It is easy to convince them that Mat Sabu is a criminal without having to explain why. The very image of Mat Sabu being arrested and charged in a court sends a picture of a criminal to the Umno’s grassroots. This is the real goal of Umno in using the Attorney-General and the police to ‘frame’ Mat Sabu.

Hush, Umno is listening

Remember the AG is acting on behalf of the government and thus it must be inferred that Mat Sabu did something wrong against the government of Malaysia. It would also mean that from now onwards, every citizen of Malaysia must be extra careful with their words, lest we too be slapped with Section 500 of the Penal Code.

Is this not violating Article 10 (1) of the Federal Constitution? Are citizens not allowed to comment on historical facts? Thus, should not guidelines be published by the AG chambers as to what constitute statements that would embarrass the state? Isn't it only fair that the people are educated on what they can and cannot say?

Again, we are left to wonder; if the AG was so enthusiastic to get Mat Sabu, why was he slow to slap the likes of Ibrahim Ali, Utusan and even the Home Minister with Section 500 of the Penal Code? Have not these characters done more harm than Mat Sabu? And did not these characters called for mischief among their supporters which would mean a charge under Section 505 under the same penal code?

What about Hisham and Ibrahim Ali

In the case of the Home Minister, when he pardoned the Umno supporters who paraded the decapitated head of a cow in protest of the construction of a Hindu temple; did he not encourage more of his supporters to do the same? Though he did not say it, his very actions towards his own supporters portrayed this.

And what about Ibrahim Ali’s continuing threat against all things non-Malay, conveniently splashed out on the front pages of Utusan Malaysia? Are these not direct calls to do mischief?

UMNO is clearly back to its bullying ways. It is clear that in Malaysia there are two sets of rules. The law and the police collaborate to enforce these differing sets of rules according to the whims and fancies of Umno. There is one set for political rivals like Mat Sabu, where every little squeak is deemed a criminal offence and is punishable by law. But of course, when it is to Umno’s interest, murder itself could be committed in broad daylight.

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Source : MC