Bersih 3.0 chaos: PM Najib’s negligence

by Mat Zain bin Ibrahim
Former Kuala Lumpur CID chief
07.05.2012

Nothing can stop the PM from forming another so called independent panel to investigate the causes of Bersih 3.0. chaos.

Knowing the manner an Independent Panel ,(that scrutinized the MACC’s findings on the AG,a former IGP, a Consultant Pathologist and me included, alleged to have fabricated evidence in the black-eye investigation) conducted it’s business,I am pessimistic of the outcome of this one.

However it would be premature to make any comments at this juncture, since we have not seen this Panel’s composition and their terms of reference.

It would be most welcome if the Panel members are allowed to query the Prime Minister as well,to ascertain the measures taken by himself if any, to prevent the chaos from happening.

The Panel must be mindful of the fact that,several days before the event, Ambiga the Bersih chief,did suggest to the PM that they are prepared to call off the rally if, the PM guarantees electoral reforms before the next Federal polls.

Then a few days before the rally,it was also revealed that the EC Chairman and his Deputy were found to be members of UMNO which rendered their respective tenure untenable.At the same time bringing the status of the electoral roll into question.

The PM being the UMNO President himself,could have made an immediate clarification if they were not members of his party.That would have put the matter to rest.PM’s intervention would have eased off the tension or might have even reduced the participant numbers substantially.

In a nutshell, the Prime Minister should have prevented the chaos at all costs from happening knowing a protest of that size would turn ugly, based on past experiences since 1998 had he exercises due care, which is expected of him being the PM.

By refusing to compromise with the rally organizers and allowing it to proceed with such knowledge that the rally will turn chaotic, PM Najib have effectively exposed the safety of ten of thousands of innocent civilians comprising of women, children and the handicapped and including police personnel at risks of being injured or even killed.

It would appear from the PM’s subsequent conduct, that he actually wanted a confrontation between the rally participants and the police to leverage on the havoc caused.

The PM stands accountable and liable to be cited for negligence for his failure to discharge his duties responsibly. He has all the means,the time and opportunity and most importantly the authority to prevent the chaos and avoided the injuries sustained by members of the public, media personnel and policemen,and damages to properties and other loses.

Whether the Independent Panel is prepared or assigned to look into this aspect or otherwise, is left to be seen.The public,especially the injured however,reserve the rights to raise this issue with the PM.

Electoral roll:Unfair advantage to PM

Many are unaware that the Prime Minister may have some problems with his own name in the electoral roll (ER).

Briefly, the PM is registered as Mohd.Najib bin Tun Abdul Razak .When he affirmed his affidavits September last,he stated his name as Najib, dropping the name “Mohd”.(Muhammad).This is confirmed by his wife, Rosmah Mansor in her affidavit of 21st Sept. Meaning that the PM’s name is simply “Najib” and not “Mohd.Najib”. These affidavits are valid in both civil and criminal proceedings.

The PM has already announced that he would be seeking re election in Pekan this coming GE.It may appear trivial,but his name may provide the basis of contention by the opposing candidates.

I believe in order to circumvent any untoward protests or objections on nomination day,the EC made a pre-emptive move by abolishing the one hour objection period on nomination day, without Bersih having to ask for it nor in their list of demands.In fact it came as a surprise to all.
This unsolicited move by the EC was done after the issue of PM’s affidavits surfaced and brought to the attention of the IGP and the Home Minister since November last. I opine that this is a case of shifting the goal posts by EC to facilitate unfair advantage in favour of the PM.

Nonetheless, it is imperative for PM Najib to make corrections to either one. Both cannot be right at the same time.Either he corrects his name in the ER to be in consistence with his affidavits, or his affidavits to be in consistence with his name in the ER.Most of all,it should also be consistent with his name he swore before the Yang Di-Pertuan Agong during his swearing-in ceremony.

Irrespective of the repercussions, the PM has to make the corrections. Otherwise the EC is obligated to reject PM Najib’s nomination and disqualify him from contesting.

EC Chairman and Deputy, UMNO members?

About 3 days before the Bersih rally,it was revealed that both the EC Chairman Tan Sri Aziz and his Deputy Dato Wan Ahmad, were found to be or was members of UMNO.

Whilst it’s not wrong to be a member of UMNO,it is a crime to conceal the fact at the material time when their appointments as Deputy Chairman and Chairman of the EC was being considered in that order, by the Conference of Rulers and the Yang Di-Pertuan Agong.Quite simply it means cheating.

Even if Dato Wan Ahmad can prove that he was never an UMNO member,he can still be hauled up for being in abetment with the Chairman, when the latter’s appointment was being considered in December 2008, at which time Wan Ahmad was already the Deputy Chairman.

Should Tan Sri Aziz now turns around like Wan Ahmad did and declare he was never a member of UMNO in his whole life,still both can be brought before the Tribunal, for exhibiting conducts unbecoming of an EC member for being dishonest in their dealings and for deceiving and/or alarming the public, when they admitted to being UMNO members when the issue was first raised.

From my reading of the Constitution,the only authority that can adjudicate their conducts is a Tribunal appointed by the Agong, based on the representation made by the Prime Minister.The courts have no jurisdiction over the removal of both the Chairman and Deputy Chairman of the EC .In this regard the Judge and the EC members are of the same status.

Against this backdrop the PM cannot ignore his obligations ,firstly, to clean up the ER. Personally the PM has to put his own registration in order on one hand and to deal with the untenable tenure of both the Chairman and Deputy Chairman of the EC on the other.

Invariably the PM may find himself in a conflict of interest situation yet again.That’s for him to sort out.

If the PM has shown courage to appoint the so called Independent Panel to investigate police brutality during Bersih 3.0 rally,then he must show the same vigour in getting a Tribunal to be established to adjudicate the conducts of the EC Chairman and his Deputy.

Not forgetting of course the earlier demand for a separate Tribunal on the Attorney General which has long been overdue.

The PM must be mindful of the fact that when we talk about a Tribunal,we are also referring to loyalty to the King and country and supremacy of the Constitution.

The PM should also take cognizance that if the powerful UMNO can be declared illegal,so can the electoral roll.