LETTER | All kleptocrats must be put on trial without political interference

LETTER | We, the undersigned non-governmental organisations (NGO), civil society organisations (CSO), and community leaders in Sabah have for a long time, and until today, been working alongside government efforts to develop the state for the benefit of all Sabahans.

We are deeply concerned with recent developments in the political arena which appear to rollback, erode, and work against the democratic principles, institutions, and rule of law in our country.

Of direct and major concern to many Sabahans is the acquittal of former Sabah chief minister Musa Aman by the Kuala Lumpur High Court on June 9 of all his 46 corruption charges.

Like ordinary Sabahans, we cannot help but be confused and appalled at the way the case has unfolded since it began in 2012, and we note with great concern the unsatisfactory explanations given by those mandated to uphold the rule of law in the country including Attorney-General (AG) Idris Harun.

The case could have been allowed to go on trial instead of the prosecution applying to withdraw the charges. This is especially true when the prosecution had already extensively prepared for the trial and was ready to call 40 to 50 witnesses to testify.

The explanation which was given by the AG that the prosecution lacked the documentary evidence to carry on with the case is indeed perplexing.

The net effect of this disturbing trend of events on ordinary citizens is clear – distrust and cynicism towards our political leaders and institutions, including the judiciary. To the rakyat, our legal system is being seen as practicing double standards, one for ordinary citizens and the other for VIPs.

This is the same system that sentenced a man who stole 'petai' to 15 months of jail and a single mum who broke the Movement Control Order (MCO) rules to buy essential goods to RM1,000 and 30 days jail.

VIPs and VVIPs with multiple charges of corruption, money-laundering, and other offences are seen to go scot-free or receive lighter sentences. The rakyat comes away with the impression that the rule of law only applies to them and not to those in power.

The government cannot expect the ordinary rakyat to give our best to nation-building while foregoing individual gains and benefits for the sake of the greater good of the community and our country when the government is seen to be doing the opposite. We need the government to lead by walking the talk, with accountability, transparency, and upholding the rule of law.

Therefore, we call upon:

1. Prime Minister Muhyiddin Yassin

- To ensure there is no misuse of public resources including taxpayers’ money and to uphold accountability and transparency in the management of the country, including the trials of high public interest cases such as corruption and money-laundering involving politicians and public servants.

- To set up a thorough and independent inquiry to investigate if the political proximity of Musa Aman to Umno played a role in influencing the acquittal judgment.

- To table the Political Financing Act at the next parliamentary session in July. We understand that a draft bill on political financing was already in the process of being drafted. It is of utmost importance now for the government to table the bill as political corruption is a major issue in Malaysia.

2. Attorney-General Idris Harun

- To appeal against the decision to withdraw the 46 charges against Musa Aman as the withdrawal would mean that all those charges against Musa can never again be revisited when new evidence surfaces.

- To appeal for a discharge not amounting to an acquittal (DNAA). A full acquittal of Musa at this juncture (where merits have not been heard by the court) would close the door to justice forever.

3. The Malaysian Anti-Corruption Commission (MACC)

- To live up to its role in enforcing the law and carrying out their duty fiercely. The MACC must be independent and perform their duties to this country without fear or favor.

Justice must truly prevail and all kleptocrats must be on trial through an open, independent, and fair process.

Endorsed by the following NGO, CSO, and community leaders of Sabah:

1. Sabah Women’s Action Resource Group (SAWO)

2. Pangrok Sulap

3. Society for Equality, Respect, and Trust for all Sabah (SERATA)

4. BENTARAKATA

5. Partners of Community Organisations (PACOS Trust)

6. Borneo Komrad

7. Advocates to Non-discrimination and Access to Knowledge (ANAK)

8. Bersih Sabah

9. Sabah Environmental Protection Association (SEPA)

10. Sabah Human Rights Center

11. Persatuan Suara Saksama Sabah

12. Kelab Kesenian Asylum Kota Kinabalu

13. Local support group against Domestic Violence in Pitas

14. Local support group against Domestic Violence in Kota Marudu

15. Local support group against Domestic Violence in Telupid

16. Local support group against Domestic Violence in Keningau

17. Local support group against Domestic Violence in Kota Kinabalu

18. Local support group against Domestic Violence in Pensiangan

19. People’s Organisation Kg. Mentadak Baru Pulau Sebatik Tawau

20. People’s Organisation Kg. Bobotong Entilibon

21. People’s Organisation Kg. Kalampun, Keningau

22. People’s Organisation Kg. Tinangol Matunggong, Kudat

23. People’s Organisation Kg. Datong, Pitas

24. People’s Organisation Kg. Tambatuon, Kota Belud

25. People’s Organisation Kg. Maliau, Tongod

26. People’s Organisation Kg. Liu, Pitas

27. People’s Organisation Kg. Samparita Laut, Pitas

28. People’s Organisation Kg. Angkawangan, Keningau

29. People’s Organisation Kg. Kipouvo, Penampang

30. People’s Organisation Kg. Terian, Penampang

31. People’s Organisation Kg. Ampungoi Kanibungan, Pitas

32. People’s Organisation Kg. Balantos, Nabawan

33. People’s Organisation Kg. Bulud Batu, Pitas

34. People’s Organisation Kg. Balaron Sapulut, Nabawan

35. People’s Organisation Kg. Tungku, Lahad Datu

36. People’s Organisation Bundu Apin-Apin, Keningau

37. Task Force Against Kaiduan/Papar Dam (TAKaD Ulu Papar)

38. Coalition Committee for Land Management G7, Tongod

39. Coalition 6Kg. (G6 Pitas)

40. Coalition 3Kg. (G3 Simpudu)

41. Coalition 3Kg. MAWASI