Critical time for DAP leader, Penang Chief Minister Lim Guan Eng

Fall from grace: Lim, who is facing two charges of corruption alongside businesswoman Phang (left), will continue as Chief Minister with the full support of his party. (Inset) The prosecution team is led by Attorney-General Tan Sri Mohamed Apandi Ali.

There has been widespread sympathy for Penang Chief Minister Lim Guan Eng but he is under pressure to walk the talk and take leave while he clears his name in court.

IT was almost 7pm but the sky was still bright when a convoy of cars emerged from the underground car park of Komtar, Penang.

The only hint that this was no ordinary caravan of vehicles was the flashing lights and siren from an accompanying police car.

The moment had finally come after weeks of speculation. Penang Chief Minister Lim Guan Eng had been arrested and was being escorted to the MACC headquarters to be charged in court the next morning.

It has been a spectacular fall from grace for the DAP leader who rose to power on an awesome wave of popular support and who is known as “Tokong” among the Penang people.

Lim has claimed trial to two charges, one of which pertains to using his position to benefit his wife Betty Chew and himself in the rezoning of a piece of land belonging to a private company known as Magnificent Emblem in 2014.

Another charge is related to his purchase of a bungalow from businesswoman Phang Li Koon a year later at below market value.

Phang, a mysterious figure until thrust into the media spotlight, was charged with abetment in the property transaction.

Gossip and speculation about the nature of the charges have been brewing among the cafe society but everything should be clearer when hearing begins towards the end of the year.

Lim is not the first political head of state to have waded into troubled waters.

Former Selangor mentri besar Dr Mohd Khir Toyo is now on parole after spending six months in jail for purchasing an under-valued “Balinese palace” from a company that had business links with the state government.

Another former Selangor mentri besar, Tan Sri Muhammad Muhammad Taib, also lost his job following the Australian Gold Coast affair that saw him charged with possessing undeclared foreign currency.

The late Datuk Seri Harun Idris was forced by Umno to resign in the 1970s after he was charged for corruption.

Lim is also not the first to resist taking a leave of absence after being charged in court.

Former Sabah chief minister Tan Sri Joseph Pairin Kitingan clung on after being charged for corruption. He was eventually found guilty but his penalty was not great enough to cost him his seat.

But Pairin’s time was old politics and this is supposed to be the era of new politics.

The DAP central executive committee has given Lim a ringing endorsement to stay on in his job on grounds that “there is no question of conflict of interest as Lim has no influence or control over the prosecution”.

It is only expected of DAP to stand by their top leader because if the top man falls, the party will become shaky.

But it also means that DAP is unable to walk the talk. The party is famous for asking others to step down over issues big and small but is unable to live up to the same principle when it involves one of their own. It will be hard for the party to judge others from now on.

It has put DAP figures like their Selangor chairman Tony Pua in an awkward situation. Shortly after the bungalow issue erupted, Pua had said there was no need for Lim to go on leave unless charges were brought against him.

He was quoted in a pro-Pakatan Harapan news portal as saying: “When charged, then (the person) should take time off.”

But legally speaking, the Chief Minister does not need to go on leave even with these kind of charges hanging over his head.

According to a Selangor judicial figure, forcing him out would be pre-judging him.

“He can still chair meetings, make decisions over land and development and sign documents. He can even go on with that tunnel thing.

“But having said that, a politician’s life is not only about legalities but also perception. He is representing a party that lectures others what to do. Can they still do that?” said the judicial figure.

Moreover, the Chief Minister’s focus, said the judicial figure, will now be divided between his case and running the state. There will be complications as the court case drags on.

Lim may not have influence or control over the prosecution but as the Chief Minister, he has control over the civil servants who may be called to testify in his case.

It will be awkward for potential witnesses who are his subordinates because not many people would be comfortable going to court to testify against their boss.

His presence would also bring uncertainty to the state and investors do not like uncertainty.

Still, it is his call and he has the full support of his party including that of party doyen Dr Chen Man Hin whose reputation is impeccable.

The charges against Lim are quite serious and it is only natural that he is doing what it takes to defend himself. Being Chief Minister will give him that much needed clout and back-up to face the complications ahead.

Besides, there is talk of new charges in the works related to the Taman Manggis land and also involving a company with links to “Miss Phang”, as she is known.

But there is also another side to the story why DAP is reluctant to have an acting Chief Minister take over from Lim.

Lim’s deputies are Deputy Chief Minister I Datuk Rashid Hasnon from PKR and Deputy Chief Minister II Dr P. Ramasamy from DAP.

Either one of them could act in Lim’s place if he goes on leave. But the sentiment in this Chinese-dominated party is that senior state executive council member Chow Kon Yeow should be the acting Chief Minister.

DAP would look terrible if Chow leap-frogs over the two deputies. It would only reinforce the perception that DAP is a Chinese chauvinist party.

However, if either Rashid or Dr Ramasamy takes over, the party’s right-wing Chinese base would be badly affected. Caught between the devil and the deep blue sea, DAP probably thought it would be better for Lim to remain at the top.

DAP leaders have slammed the charges as baseless and an attempt to topple a democratically elected leader. It is quite clear they intend to approach this as a political trial and to win over the court of public opinion.

A lot of Lim’s time will be spent convincing the public that he is innocent and a victim. Events like “Walk with Guan Eng” and “Session with the People” have been planned for today.

His supporters have tried to liken his dilemma to what Datuk Seri Anwar Ibrahim went through in 1998. It is not the best of comparisons given that Anwar was able to galvanise a whole generation of young Malays who flooded the streets in anger.

What DAP may have failed to take note of was that many Chinese intelligentsia have been wary of Lim’s leadership since the Mercedes-Benz episode. Lim had opted for a Mercedes S300L as his official car a mere three months after the state purchased a new fleet of Toyota Camry for the state leaders.

This was evident in comments by the Huazong chairman of Negri Sembilan, Lau Zhi Wen, who is as anti-Barisan Nasional as one gets and has often run down the 1MDB issue.

Lau’s comments in the wake of the court case have gone viral among the Chinese-speaking circle.

He recalled the early days when Lim flew economy class and provided hope for change and greater transparency. He said the people had longed for another Datuk Nik Abdul Aziz Nik Mat who was respected for his simple lifestyle.

But Lau said that Lim changed after winning by a bigger majority in 2013.

“Many said you grew arrogant, others still deify you. You changed cars, flew business class and bought a RM5mil bungalow for RM2.8mil,” he said.

Lau said he had high expectations of the Penang Chief Minister but would no longer speak up for him.

The Chinese vernacular press that would have once defended him to the hilt was also visibly neutral. The thing is Lim does not have as many friends in the Chinese media as when he started out as Chief Minister.

The Chinese vernacular media was instrumental in helping to propel DAP to power. They put Lim on a pedestal but now, eight years down the road, many of them have stories to tell about how they were treated by Lim and his staff and they are not pleasant stories.

The same goes for some of the lawyers watching the drama at the Penang courts on Thursday. A few years ago, they would have come out for him but on that day, their response was: “Let justice take its course.”

DAP is hopeful and confident that the court case will swing sympathy and support towards Lim and arrest the resurgence of support for Barisan.

They are painting their secretary-general as a victim of selective prosecution. Lim has also been trying to tug at the heartstrings with famous sayings that he would prefer to die standing than live on bended knees, and playing up his overnight detention at the MACC headquarters.

The court case proper has yet to start but the court of public opinion is already in session.



By Joceline Tan

Who's is who?

Judge: Judicial Commissioner Datuk Azmi Arifin

Accused: 1. Lim Guan Eng 2. Phang Li Koon

Prosecution:
1. Attorney-General Tan Sri Mohamed Apandi Ali 2. DPP Masri Mohd daud 3. DPP Mohd dusuki Mokhtar 4. DPP udiman lut Mohamed 5. DPP Mohd Ashrof Adrin Kamarul 6. DPP Mohd Zain Ibrahim 7. DPP Muhammad Fadzlan Mohd Noorbr

Lim Guan Eng’s counsel:
1. Gobind Singh Deo (lead) 2. Ramkarpal Singh 3. R.S.N Rayer 4. M. Kulasegaran 5. P. Subramaniam 6. M. Manoharanbr

Phang Li Koon’s counsel:
1. Datuk K. Kumaraendran (lead) 2. Dev Kumaraendran 3. Raj Shankar 4. Chetan Jethawanibr />

Would DAP join BN to ensure Chinese representation in the Malaysian government?

The DAP is open to suggestions on the need for Chinese representation in the government and will respond to them later, advisor Lim Kit Siang said here Thursday.

"There seems to be a lot of suggestions and proposals. We (will) give them time to come out with suggestions. We will wait and see," Lim told a press conference when asked to comment on calls for the DAP to join Barisan Nasional (BN) to ensure Chinese representation in the government.

Former information minister Tan Sri Zainuddin Maidin yesterday said this would obviously be difficult for DAP and BN and their supporters, but needs to be done in the interest of harmony and political stability in the country.

MCA central executive committee member Datuk Seri Ong Ka Chuan in an interview with Sin Chew Daily yesterday said the DAP can represent the Chinese community's interest at federal government level.

In 13th general election (GE13), BN won 133 parliamentary seats out of the 222 at stake to again form the government with a simple majority, while Pakatan Rakyat took 89 seats.

Datuk Seri Najib Tun Razak who took his oath of office as Prime Minister before the Yang di-Pertuan Agong on Monday is short of Chinese candidates for his new Cabinet.

This is because BN component the MCA, which only won seven of the 37 parliamentary seats contested has decided to forgo Cabinet representation.

Meanwhile, Gerakan deputy president Datuk Chang Ko Youn said the party will not follow the MCA by rejecting all government posts.

Gerakan won only one parliamentary seat and three state seats. It had contested in 11 parliamentary and 31 state seats nationwide.

-- BERNAMA

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The impact of the Chinese tsunami' means that there has to be genuine reconciliation with the community and that Barisan Nasional has to rethink its concept.

 

Could Lim Guan Eng ever become Prime Minister of Malaysia? (Photo by Hussein Shaharuddin/The Mole)

THE Chinese voters, who are about 30% of the electorate, had fervently believed that Malay voters would also reciprocate and ubah (change) the Barisan Nasional government. However, this did not happen.

In their zeal for change, which was encapsulated in the election slogan Ini Kali Lah!, they voted out not only the MCA but also devastated Gerakan and the Sarawak-based Chinese party SUPP, giving their votes solely to the DAP.

The DAP improved on its 2008 performance, winning 38 parliamentary seats this time.

They also made significant contributions to the success of PKR, which won 30 seats, and even to PAS, which took 21.

In all, Pakatan Rakyat won 89 seats.

Barisan Nasional managed to retain power, winning 133 seats on the back of increased Malay support.
Umno candidates defeated big PAS names such as deputy president Mohamad Sabu in Pendang, deputy PAS spiritual head Datuk Harun Din in Arau and PAS vice-president Salahuddin Ayub in Pulai.

The Malays stayed with the tried and tested Umno.

In Sabah and Sarawak, although PKR and DAP made inroads into Kadazandusun and Chinese majority areas, the bulk of the east Malaysian seats stayed with Barisan.

The Chinese voters, who were largely out to punish Umno, were hoping that the Malays would also follow suit but they ended up punishing the MCA, Gerakan and SUPP.

In a roundabout way, one can even say that the Chinese voters also punished themselves with their decision to vote for the Opposition by taking themselves out of the Government.

Understandably, they were taken up by the excitement of the many ceramah conducted to full houses.

The MCA won only seven seats, fewer than the 15 it had when the race started. Gerakan and SUPP have been virtually wiped out.

The significance of this outcome on race relations and for Chinese political participation in the Government is staggering, to say the least.

As a multi-ethnic country it is not advisable for one community, especially the economically vibrant Chinese, to be out of the Government and sit in the Opposition bench.

While the Malays and east Malaysians, not to mention the MIC as well, have every right to demand for greater representation in the Government because of their victory in the elections, the Chinese community unfortunately cannot do so because they have voted themselves out of the Government.

The MCA had passed a resolution during its EGM before the polls that it would not accept any government position if it received fewer than the 15 seats it won in 2008. Now, its position in the Government has been rendered untenable.

It's obvious in elections that winners go on to form the Government and losers stay out. That's exactly what the MCA is proposing following GE13's outcome to stay out.

Barisan chief Datuk Seri Najib Tun Razak was visibly upset over the way his Government has been rejected by the Chinese voters.

It's not that they rejected him or his Government per se but they rejected all the other baggage that came with it. There was the perception that he has been winning Malay support by raising Malay fears.

They (the Chinese) want an honest relationship like the way the Pakatan state governments have been doing in engaging them.

They believe that the DAP government in Penang and the PKR-run government in Selangor are examples of what they want in a Government and if Najib could emulate these, he would, no doubt, get their support.

Najib has promised national reconciliation as part of the new Government's efforts to heal the wounds of GE13.

While sharing power with losers would be difficult, Najib would have to find other ways to work with and accommodate the Chinese community. The best way to do this is to engage the Opposition parties.

The Opposition parties, for good or worse, now represent the Chinese community.

Now that he has his own mandate, Najib will have to look at the very concept of Barisan itself - because it is clearly not working.

Barisan should either think of reconstituting itself as one big multi-racial party, as was talked about post-2008, or form alliances even with the Opposition parties for the good of the people.

The era of one party representing one race is long over the MCA, MIC and even Umno should consider opening up.

What the Chinese also desire is genuine partnership.

These are long-term goals. For now, Najib has to find a formula which includes Chinese representation in the Government, not by making losers into senators and then ministers, but by genuine reconciliation with the community and on its terms.

COMMENT
By BARADAN KUPPUSAMY

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Malaysian Chinese tsunami !

Barisan Nasional keeps its hold on power thanks to the Malay breakwater that held back a Chinese wave that swept over the country. 

A CHINESE tsunami swept over the country last night. It ripped through all the seats that had a significant Chinese electorate and devastated Gerakan and MCA in the peninsula and SUPP in Sarawak.

The tsunami was basically about the Chinese electorate going for change. The result was that the DAP emerged the big winner, making new gains everywhere, including in Johor.

But it was evident that the Pakatan Rakyat slogan of “ABU, or Asalkan Bukan Umno (Anything But Umno)” had also resonated with the urban populace in general because Pakatan regained Selangor with a two-thirds majority.

The Chinese tsunami also helped to carry many of the PKR candidates in many of the mixed seats.

However, the tsunami could not quite make it to Putrajaya.

At about 1am, a solemn-looking Datuk Seri Najib Tun Razak announced that Barisan Nasional had a simple majority to form the government.

At press time, Barisan had attained 133 seats, still short of the 138-seat majority won by his predecessor Tun Abdullah Ahmad Badawi.

Najib was clearly disappointed but he spoke in a calm and steady voice as he urged everyone to accept the election result as part of the democratic process.

The Malay electorate, especially those in the rural states, continued to back Barisan. It is a small consolation to Najib that the Malays have returned to Umno in a significant way.

The Malay wall held back the Chinese tsunami and Barisan won back Kedah. It also held on to Perak, which was a subject of speculation until close to midnight.

At press time, Barisan won Perak with 31 state seats against 28 by Pakatan. But Pakatan continued to dominate in Penang with an increased majority.

PAS managed to hold on to Kelantan with a much reduced majority, which showed that Datuk Nik Aziz Nik Mat's appeal as a religious figure still commands support in the state.

As predicted, PAS won the least seats among the Pakatan parties and DAP is now the dominant party in Pakatan with the most number of seats. It can also lay claim to having defeated a top Umno leader, namely former Johor Mentri Besar Datuk Ghani Othman in Gelang Patah.

The Pakatan wins also mean that Johor and Sarawak are no longer the fixed-deposit states for Barisan.

The zero sum game of politics means that DAP's gain is MCA's loss because both parties contested in Chinese-majority seats. MCA won only seven parliamentary seats, far short of the 15 that it won in 2008.

MCA president Datuk Seri Dr Chua Soi Lek tweeted late last night that the party would not be accepting any government posts.

This was in keeping with the pledge made that the party would not accept posts in the Government if it did not do better this time.

A big question mark hangs over the future of MCA as well as Gerakan and SUPP and they will have to do much soul-searching after this.

The Chinese rejection of Barisan is a big blow to Najib, who went out of his way to persuade them to come along on his economic and political transformation journey.

The Chinese have rejected a moderate and inclusive leader, who has made more overtures to the Chinese than any other Prime Minister before him, and Najib and his coalition will have to reassess all this in the months to come.

There will also be soul-searching on the part of PAS, given its loss in Kedah and the defeat of several of its top leaders, including its deputy president Mohamed Sabu in Kedah and vice-president Salahuddin Ayub in Johor. Another vice-president, Datuk Husam Musa, lost in Putrajaya.

One of the most disturbing aspects of the election result is that the ruling coalition is dominated by Umno and the Malays while the opposition Pakatan is dominated by the Chinese-based DAP.

The impact of this will become clearer as the dust settles over the most closely-fought election ever.

Comment
By Joceline Tan
The Star/Asia News Network

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DAP's Tiger roars, Malaysian election fevers!

DAP national chairman Karpal Singh, the ‘Tiger of Jelutong’, is now roaring his way into the people’s hearts this general election.

For the first time, he has incorporated his famous tiger trademark into his election campaign by having his campaign vehicles emblazoned with his image beside the image of a tiger.

The 72-year-old lawyer, who earned the nickname following a dispute with former MIC president Datuk Seri S. Samy Vellu in Parlia-ment in 1982, said he was sure the tiger would bring good luck to him and Pakatan Rakyat.

He also did not mind retelling the story behind the nickname to reporters during a meeting-the- people session at the market in Jalan Gangsa yesterday.



“During an argument with Samy Vellu, he called himself a lion while he called me a tiger.

“But I’m a lion as Singh means lion in Punjabi. And lion is ‘singa’ in Bahasa Malaysia,” he added.

“But then I said to him: ‘Never mind, you be the lion and I’ll be the tiger. There are no lions in the country.

“So the name started from there,” he said with a chuckle.

Karpal Singh, who is defending his Bukit Gelugor parliamentary seat, said a supporter, S. Mahendran, had taken the campaign vehicles — a multi-purpose vehicle and a jeep — to the shop to have the images pasted on them.

He added that he would ensure that tigers, an endangered species, would be protected as any attack on a tiger was an attack on him.

“The vehicles bearing the tiger images received a positive response from the public who would take photographs of them,” he said.

He has also called himself the ‘Tiger General’ in Bukit Gelugor which he said was the only constituency in the country to have four lawyers in the parliamentary and state seats.

“Four lawyers — we are like ge-nerals. And I am the ‘Tiger General’,” he said.

DAP candidates for the three state seats are incumbents R.S.N. Rayer (Seri Delima), Wong Hon Wai (Air Itam) and Yeoh Soon Hin (Paya Terubong).

Karpal Singh won the Jelutong parliamentary seat in 1978 and held the seat for more than 20 years until losing it in 1999.

The Bukit Gelugor constituency was once part of the Jelutong parliamentary constituency until the mid-1990s.

By JOSEPHINE JALLEH josephine@thestar.com.my

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GE13: DAP, a clever ruse to kill two birds with one stone? Naughty, dishonest ROS?

A decision by the Registrar of Societies (ROS) not to recognise the DAP's central executive committee due to its controversial party elections held in December last year has kicked up a storm within the party's top brass. 

Lim Kit Siang in tears

A LETTER from the Registrar of Societies (ROS) on Wednesday has become a bone of contention with DAP leaders, who now want to contest the general election using the PAS and PKR symbols.

At an EGM at the party headquarters on Thursday night, the leaders debated the letter from ROS and at a press conference afterwards they slammed the ROS and its “despicable act” to stop the DAP from contesting in the elections.

The ROS letter, DAP claimed, means that its central executive committee (CEC) is now powerless, that its secretary-general Lim Guan Eng cannot sign any letter of authorisation for election candidates and that the DAP can no longer use its cherished Rocket symbol.

The letter, however, merely states that the ROS is studying the party's registration following a dispute among DAP members over the Dec 15 elections.

The letter also says, pending the final disposal of the dispute, the CEC that came into power after the elections is not recognised.

But the DAP seized the letter as an opportunity to grandstand and turn the blade against the Barisan Nasional, claiming that they have been made powerless and unfit to contest in the elections.

Guan Eng was visibly angry and his father, party adviser Lim Kit Siang, was in tears as they announced, with great emotional effect, the alleged import of the letter a day before nominations.

They also issued an ultimatum that the ROS must withdraw its letter by 3pm yesterday or the DAP will contest under the banner of its allies.

Any verbal reassurances by the Election Commission or ROS that the DAP could continue to use its Rocket banner and issue authorisation letters were not good enough.The ROS letter must be withdrawn.

With an eye on the Chinese voters, the DAP has interpreted the ROS letter as it wants and is laying down impossible conditions that government agencies cannot adhere to.

The ROS has been probing a dispute over the Dec 15 CEC elections after several DAP members lodged complaints with the ROS and demanded action.

Their complaints centred on a rectification of the results announced by the party, nearly a month after the party elections, that an error had occurred in the counting of votes using a spreadsheet software.

In the rectification, Guan Eng's political secretary Zairil Khir Johari, who initially lost in the election of 20 CEC members, had actually won the 20th spot.

The party claimed the delay in announcing the new results was because of the holiday season and on learning the mistake, the DAP had bravely faced it and rectified it.

But members cried foul and started going to the ROS, complaining about various shortcomings in the election, including alleging that there was a deliberate attempt to manipulate the results.

They alleged that no Malay candidates had won and that the party leaders saw fit to “elect” one after the elections were long over.

They also alleged that over 700 party members were not notified of the AGM and had not participated and had they voted, the results would have been different.

The DAP members from Sepang, Seremban and Johor have been persistent in their complaints, even bringing their own counsels to the ROS.

Zairil, after his election as a CEC member, was named as candidate for the Bukit Bendera parliamentary seat, vacated by Liew Chin Tong who has moved to contest the Kluang parliamentary seat.

Whether intentionally or not, the ill-timed letter from the ROS has been seized by the DAP for its own grand theatre ahead of nominations today.

Inevitably, the Barisan is on the receiving end of a drama that is played before the Malaysian public, as a case of outright repression of the DAP.

This despite a statement by ROS director-general Datuk Abdul Rahman Othman, issued late yesterday, that the DAP is not de-registered and that the party can use the Rocket symbol.

Deregistration is not a new thing in our politics and has happened many times before, including to Umno in 1988, and if any such calamities were to fall on the DAP, it is not an exception but the rule. It is how the ROS keeps political parties in check.

But for now, the fact remains that the ROS letter does not even mention deregistration but the DAP leaders are stretching it, for their own political purposes, to read what they want into it an act of repression against the DAP.

As such, they say they have no choice but to use the PAS and PKR symbols.

DAP has been grandstanding on using the PAS symbol since last month and PAS has been reciprocating that the DAP is free to use the party's moon symbol.

The political implications of this are obvious the DAP using the PAS symbol will force Chinese voters to view PAS favourably while at the same time dispelling the notion, held among many Malays, that the DAP is Chinese-centric, anti-Islam and anti-Malay.

It's a clever ruse by the DAP, helped along by PAS, to kill two birds with one stone.

COMMENT
By BARADAN KUPPUSAMY

---------------------------------------------------------------------------------------------------------

Naughty, dishonest ROS

QUESTION TIME  It looks like other Malaysian bodies besides those responsible for curbing corruption are being “naughty and dishonest”, the latest being the Registrar of Societies (ROS) which has draconian powers to oversee societies, including political parties.

Sarawak Chief Minister Abdul Taib Mahmud famously (notoriously?) labelled the Malaysian Anti-Corruption Commission’s (MACC) investigation of himself for graft as “victimisation”, and reserved his cooperation because he believed that they have been “naughty and dishonest”.

"They (MACC) don't deserve my cooperation because they have been naughty... and they have not been honest," he said recently.

Change some names, and the DAP is now a victim of “naughty and dishonest” investigation by the ROS. This is likely closer to the truth than the MACC allegations by Taib who continues unscathed despite everything. What’s more, delve deeper into the latest issue and you will wade deep into a conspiracy theory to rival any book by Jeffrey Archer.

The DAP - yes, to its discredit then - had a “technical glitch” during its December elections for the central executive committee (CEC) which resulted in a minor revision to its election results. The studious ROS began investigations, but only decided not to recognise DAP’s CEC several months later, yesterday - just two days before nomination day. How convenient.

According to DAP secretary-general Lim Guan Eng, the letter was faxed to the DAP headquarters at 5.45pm yesterday in very questionable circumstances.

In a report by Malaysiakini, Lim (above) told reporters that ROS director-general Abdul Rahman Othman had personally met him in his office in Penang on April 5, where the latter agreed to postpone the ‘routine’ investigations in view of the looming elections to May 9, four days after the elections.

“Abdul Rahman personally guaranteed to me that he would not make any decision until investigations are complete, and until he obtains a full report from his investigator.”

But then the letter not to recognise the DAP’s CEC still came.

Lim has cried foul, and indeed that is what it is, coming so late in the day when the ROS has had many months to investigate the “technical glitch”.

Meantime, the Election Commission said that the DAP will be able to field candidates as usual on nomination day, regardless of the Registrar of Societies' decision to suspend the party's central committee.

'No comfort at all for DAP'

Should that not give some comfort to DAP that it can contest under its own banner and put up its own slate? Apparently not, and here is where the conspiracy and plot thickens and links up with the other ingredients for a good, juicy stew.

What gives? If the ROS does not recognise the DAP’s CEC and has given notice to the DAP that it does not recognise the CEC before nomination day, how can the CEC make any legally binding decision on its slate of candidates? There is the possibility that its entire slate of candidates can be disqualified on nomination day itself.

Even if they are not on nomination day tomorrow, post-elections, it is possible to challenge the legality of DAP’s candidates. A compliant judiciary could negate the results of elections where DAP candidates stood. And if DAP MPs and state assemblypersons are suspended on Monday May 6 - the day after the elections - via court injunction, power can’t be handed over.

Thus far, three agencies are implicated in this conspiracy: The ROS with its draconian powers granted during ex-PM Dr Mahathir Mohamad’s (right) dictatorial grip on the country when he tightened laws for societies to bring them under control; the supposedly independent, but not so independent Election Commission and its assurance which may lull DAP into complacency; and a compliant judiciary, courtesy again of Mahathir, which may be willing to play ball.

The bigger question is, who is the puppeteer pulling the strings behind the curtains? And are they actually so desperate and so fearful of losing as to resort to such measures to deny free and fair elections to remain in power? Indeed, is there such a plot in the first place?

Obviously, the DAP cannot and will not take chances, and unless it has iron-clad assurances that it can use its own logo and put up its own candidates, it will go ahead with its plans of standing under the PAS banner in the peninsular, and PKR for Sabah and Sarawak.

If they have to, it will be a major challenge, but the plot will backfire for those who may have engineered this whole thing. It will only help to push the somewhat disparate partners in Pakatan Rakyat even closer together and hasten the day when they will all stand under one banner.

And it is going to sicken further all right-thinking, reasonable and responsible Malaysians who badly - very badly - want to see elections fought on even terrain with everyone given equal opportunity to express their views and get their message across. So no one has an unfair advantage or obstacle.

Any measure which further enhances Pakatan Rakyat’s image as the underdog will help the coalition more than it harms.

BY P Gunasegaram
P GUNASEGARAM is founding editor of KiniBiz. He enjoyed reading Jeffrey Archer’s “First Among Equals”, especially the final twist about who would become prime minister.

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