26 January 2022

Bang Ramlee dah kasi warning awai2 lagi...

Najib hires new lawyer,England mari...

Najib is getting a new lawyer to argue his case. This is for his final appeal in the Federal Court over the 12 year jail and RM210 million fine in the RM42 Million SRC case. 

Najib is seeking to appoint a QC to handle his appeal to quash his conviction as well as 12-year jail term and RM210 million fine over one count of abuse of power, three counts of criminal breach of trust (CBT), and three counts of money laundering involving RM42 million from SRC.  The title of QC is awarded by the Queen of the UK to those who have demonstrated particular skill and expertise in conducting advocacy in court.

Well first of all Mat Salleh lawyers will be super expensive. He will ask to be paid in British pounds. And since this is a criminal case and a final appeal, he will likely ask to be paid up front, in advance. 

Siri just said that one British pound is equal to RM5.65. 
So 100k pounds = RM565,000, 1million pounds = RM5.65 million etc.

Here is a question that is obviously rhetorical : are lawyers fees affected by whether the case is winnable or lose-able? A win adds prestige to the lawyer. Losing a case goes the other way. Also the case is high profile. The Mat Salleh lawyer will appear for a few days only.

Why the need for a Mat Salleh lawyer? How does this appear politically and from the public perspective? The Bar Council should say something. This is the 21st century. Not the 19th century. Malaysia is no more a British colony. There must be other Made in Malaysia lawyers who are cleverer who can argue the appeal.

This case is no different from a curi ayam case in the kampong.  There was the thief who has been caught, there was opportunity, there was motive, tons of evidence have been recovered and presented in court. What is so complicated?

Two courts and FOUR judges have found Najib guilty. The decisions against Najib have been unanimous. There were no dissenting opinions among the judges. Obviously the whole defense strategy was a mistake. Najib has been found guilty TWICE already. I have been saying this since this trial began. Najib basically admitted to everything. His defense was "I dont know". 

"I dont know" cannot be a defense. Just like ignorance of the law is not a defense. Ignorance of the crime is certainly also not a defense. But Najib's defense strategy admitted to the evidence presented. 

DPP: 'The money was found in your personal bank account?' 
Najib: Yes it was but I did not know. 

I am not a lawyer but I did study some law. In the trial (the first case) the lawyers argue the facts of the case.

The witness will say the snake he saw under the coconut tree was white in colour. That is supposed to be a fact. The defense lawyer will start to create doubt about this fact. He will say no the snake was not white, it was black. Because it was about 8pm and there was a full moon that night. So the snake appeared shining white. It was actually a shiny black snake and its name was Pambu - a personal friend of the lawyer (joking only). Things like that. To create doubt about the facts of the case.

In an appeals court the lawyers do not argue the facts of the case anymore. They argue over points of law with reference to the decision of the trial judge. For example the trial judge sentenced the policeman to death for the murder of the Mongolian woman. All the facts of the case had been presented during the trial. The accused even admitted to the facts of the case. 

In an appeal, they cannot argue the facts of the case anymore. They could (or should) question the trial judge's failure to determine the motive for the murder (as an example). According to the law motive is critical especially for murder cases. Why did the policeman kill a Mongolian woman? What was the motive? What personal grudge did the policeman have to kill someone he had never met before in his life?  Policemen are trained to obey orders. Did the trial judge fully determine the motive for the murder?

It may not affect the guilty verdict but it could deter from a death sentence. Maybe a life sentence or a term sentence? So lets see what points of law the Mat Salleh lawyer will argue in front of the Federal Court. Ignorance of the law is no excuse to commit crime. Ignorance of a crime does not absolve guilt.  Possession of stolen assets is a crime. Stealing is a crime. - Syed Akbar Ali 

Why the UMNO court cluster 
“crooks” triggered Johor State Election...

Johor Sultan Ibrahim has dissolved the state assembly, after he met with Chief Minister Hasni Mohammad and agreed to pave the way for an election for the state of Johor. Mr Hasni has argued that an election was essential so that some investors and businesses can expand their operations in the southern state of Malaysia.
The state, which was being rule by the United Malays National Organization (UMNO), a corrupt political party that lost the state for the first time in the 2018 General Election, has also argued that an election was needed because the Johor state government was in a “precarious position” due to its razor-thin one-seat majority, despite Opposition’s MOU to support Sabri administration.

Johor UMNO has insisted that the state election was not due to internal power struggle between Minister Cluster (Prime Minister Ismail Sabri faction) and Court Cluster (former PM Najib Razak and UMNO president Zahid Hamidi). Instead, the Johor UMNO claimed that it is a democratic process, not to mention a new mandate from the people was necessary to establish a stable government.

Hilariously, Sultan Ibrahim, who consented to dissolve the Johor State Legislative Assembly on Saturday (Jan 22), had previously warned the Opposition not to destabilize the same razor-thin UMNO state government – threatening to dissolve the state assembly. Even though Johor was having a high number of Covid-19 cases back in August 2021, the Omicron variant is spreading now.

At the same time, it’s interesting that the Opposition Pakatan Harapan is rejecting a state election now when they were eager for a poll last August. It’s not rocket science that Johor UMNO and the pro-UMNO monarch have agreed to a state election now because UMNO has emerged stronger, while the opposition disagreed because it has become weaker.

However, there are at least 10 top reasons why the UMNO Court Cluster had been fighting tooth and nail to trigger the Johor state election. And the crooks like Najib and Zahid have again proven that UMNO is miles more cunning than not only the Opposition, but power-crazy traitors like former PM Muhyiddin, in politicking and scheming.

1. To Humiliate and Terminate Rival Muhyiddin

Even though Muhyiddin, president of Bersatu and leader of Perikatan Nasional coalition, is the biggest governing partner in the federal government that UMNO is leading (out of a marriage of convenience), the bad blood between two former prime ministers – Muhyiddin and Najib – has reached the boiling point. In fact, Bersatu (PPBM), a splinter party of UMNO, is seen as the biggest threat to UMNO.

While it’s true that the fragile Perikatan Nasional (PN) is fast losing its influence, the coalition is still a threat to UMNO’s dominance, especially when it still managed to grab 2 seats out of 15 that it contested in the Melaka state election about 3 months ago (Nov 2021). The best way to kill PN is to defeat and humiliate “Malay first” Muhyiddin in his own southern state – Johor.

Not only is Mahiaddin alias Muhyiddin Member of Parliament for the Johor constituency of Pagoh, he was Chief Minister of the state from 1986 to 1995. Crucially, his party PPBM projected itself as a party that champions the Malay agenda – a position traditionally dominated by UMNO. In essence, Johor will serve as the battleground to determine which party the Malays will choose.

2. To Increase Discontent Within PAS

Since PAS was wiped out in the Melaka state election, losing all the 8 seats it contested, its president – Hadi Awang – is caught in “Catch-22” situation. If Hadi abandons PN now, he would be mocked as ungrateful and laughed for foolishly betting the wrong horse. But if Hadi stubbornly insists that PAS remains in PN, the party would definitely lose power in the next 15th national election.

The fact that Khairuddin Aman Razali, a PAS central committee member, was sacked by Hadi due to the former’s preference to align PAS with UMNO instead suggests that not only the Islamist party is divided into two factions, but the existence of a growing dissatisfaction with Hadi’s leadership. This round, UMNO wanted PAS to quit Perikatan, failing which will further split the Islamist party.
3. To Test 18-Year-Old Voters For The First Time

The Johor state election will see a whopping 749,731 new voters following the amendment of Article 119 to lower the voting age from 21 to 18. That constitutes almost 30% more voters comprising young voters. While UMNO had won big in the Melaka state election, grabbing 21 out of a total 28 seats and effectively won two-thirds majority, it was not tested for young voters support.

A vote for UMNO-led Barisan Nasional (BN) in Melaka does not necessarily mean a vote for it at the federal level. There are 11 seats where BN won with a majority of less than 1,000 votes. Worse, the turnout was only 65.85%. Therefore, Johor is being used as a testing ground or barometer to determine the young voters’ acceptance of UMNO in the next nationwide election.

4. To Confirm Melaka’s Victory Can Be Repeated

Sure, UMNO had won big in Melaka. But what is unsure is whether the past glory has indeed returned to the political party plagued with 1MDB scandal and tainted with corruption. Can UMNO under Zahid Hamidi leadership and former PM Najib’s popularity offer another victory in Johor? There were warlords who were unconvinced that the Melaka’s victory could be repeated elsewhere.

The voter turnout, Covid-19 pandemic, Johor battered economy, rising prices of goods and the recent massive flood crisis were some of the factors that could affect the state’s political landscape. It’s also unknown if the Malaysian United Democratic Alliance (MUDA), a new political party set up specifically for youths, will join forces with Pakatan Harapan or split the Opposition vote bank.

5. To Redeem UMNO’s Dignity In Stronghold Johor

Johor was the birthplace of UMNO, hence the defeat of the Malay nationalist party in its traditional fortress in 2018 has been extremely humiliating. To redeem itself, UMNO has to recapture Johor, a state that had been the party’s bastion since 1946 (till its stunning loss in 2018). Johor is also the third largest Malaysian state in terms of population size, after Selangor and Sabah.
Crucially, Johor is the state with the second highest number of parliamentary seats, after Sarawak. If UMNO could win two-thirds majority in the upcoming state election, chances are it could also win the lion’s share of the 26 parliamentary seats in the next poll. Out of 3.6 million Johoreans, 54% are ethnic Malay while 33% are Chinese and 6% are Indian – a good yardstick to determine its acceptance.

6. To Return Court Cluster To Power

Despite what UMNO Johor says and claims, the Johor state election is due to power struggle between Najib-Zahid and Sabri-Muhyiddin teams. While Najib-Zahid desperately wanted the Johor state election, which would lead to a nationwide election and return both crooks to power, the weak Sabri-Muhyiddin wanted to prolong it to July 2023.

Najib might not be able to contest after he was sentenced to 12 years in prison for abuse of power, money laundering and breach of trust (CBT). But Zahid, bogged down with corruption trials, can still contest and potentially become the next prime minister if Barisan Nasional wins the 15th General Election. He could also orchestrate a royal pardon for Najib to leverage on the former PM’s popularity.

7. To Pressure PM Ismail Sabri To Call A Snap Election – Or Quit

The prime minister will be in trouble if Johor UMNO could pull a stunning performance like the Melaka state election. Unable to control the Court Cluster, Ismail Sabri has said the Johor UMNO had been given the mandate to decide the state election. This is the same face-saving drama when the weak and incompetent PM could not stop the Melaka state election in November last year.

With limited participation from Sabri in both Melaka and Johor state elections, Najib and Zahid’s next step is to force the PM, who is only ranked third in UMNO’s hierarchy, to dissolve the Parliament for a snap election this year – before an upcoming UMNO election that may see Ismail mount a challenge for the party’s presidency from Zahid. If the turtle-egg man refuses, the Court Cluster could withdraw their support.

8. Opposition In Disarray and Its Leadership Is Weak

Under the weak leadership of Anwar Ibrahim, the opposition – Pakatan Harapan – is running around like a headless chicken. And the proof is in the pudding. The Opposition has suffered a spectacular defeats in both Melaka and Sarawak state election. Anwar’s own party PKR or People’s Justice Party was practically wiped out, unable to win even a single seat.
It’s not rocket science that the best time to win an election is when the opponent is at its weakest. And you know the opposition would lose big when they prefer to maintain the status quo rather than recapture the state through an election. The more Pakatan Harapan, and even Muhyiddin’s boys, disagrees with the state election, the more confident UMNO is about their chances to win big.
9. Chinese Voters Are Disillusioned Or Angry At DAP

Like it or not, the Chinese voters, of whom up to 95% had voted for the Democratic Action Party (DAP) during the 2018 General Election, had chosen to stay at home as a sign of protest during the Melaka state election. Worse, the ethnic Chinese in Sarawak had decided to abandon DAP in droves during the December state election, leaving the party with only 2 seats, down from 7 (2016 state election).

The Chinese were particularly mad with the Opposition, especially when DAP bends over to be screwed by UMNO, agreeing to sign an MOU (memorandum of understanding) with Prime Minister Ismail Sabri on September 13. They simply could not understand why DAP keeps barking at Sabri unelected government’s double standards and incompetence, yet dumb enough to support the PM.

10. Capitalizing On Current Covid Pandemic

The dirty tricks of working hand-in-glove with the Election Commission in disallowing face-to-face campaigning and banning political gatherings had worked like a charm for Melaka  UMNO. A low voter turnout is normally favourable to Barisan Nasional. There’s nothing to suggest that Johor will see a high turnout of 80% and above, which would spell trouble for UMNO.

It was already bad that opposition supporters were highly demoralized and tired due to political fatigue. It becomes worse when most of the outstation opposition supporters, spooked by Omicron variant, will most likely skip the Johor state election. The people’s priority is bread and butter issue, not politicians who are seen as untrustworthy. - FT


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