COMMENT | For the first time in our history, the police commenced investigation on 90-year-old former prime minister Dr Mahathir Mohamad presumably for criminal defamation.
I heard it’s regarding something he said about the current prime minister during the Bersih 4 rally two months ago.
Sadly the same police force still have not shown any interest to question the current PM Najib Abdul Razak over 1MDB, despite police reports lodged against him more than 10 months now.
From what I recall, Mahathir did say something that could well be grounds for a civil claim, but why drag in the police?
Najib should just sue Mahathir for slander, or civil defamation - that, at least, is how a man should behave.
After all, the issue is a simple, straightforward one: did Najib take the money from 1MDB or its former subsidiary SRC International or not?
Then did he pay off all those Umno-BN leaders to keep them quiet , and continue to support him in power?
Criminal defamation laws that use the police and the state to coerce and stop citizens from speaking up are outdated and should be repealed.
They were created by the colonial masters to instil fear in the populace . They have a pernicious effect on society and should be abolished.
The United Nations’ Special Rapporteur on freedom of expression, the Human Rights Committee of the International Covenant on Civil and Political Rights and other international bodies have all called for the abolition of criminal defamation.
Our self-styled transformative and moderate prime minister, however, prefers to humiliate Mahathir by sending in the police.
But Mahathir, as always, is being extremely smart and strategic in his approach. He has refused to answer any question posed by the police.
This police state of ours
I have received many calls from Mahathir’s admirers, asking me if the police can charge him for not answering their questions.
I told them that in a police state - which we clearly are at this point - whether one answers the question or not is immaterial; if the police want to charge you, they will.
They will ask you questions even if you do not know the basis of the investigation against you. That’s probably why Mahathir has so far refused to answer their questions.
If you are in a civilised country like Britain, then the police will first explain to you why they are investigating you.
They will explain to you the reports they received about your conduct and they will tell you that nothing you say will be used against you if they decide to charge you later.
In Britain, one feels reasonably confident that the police will follow the law strictly.
In any case, I was never a criminal lawyer so I suggest that Mahathir’s supporters ask more capable lawyers to soothe their worries.
All I want to say here is my sincere wish that the police just forget the idea of charging Mahathir. If they want to get at him, charge him for something more serious.
Did he commit any corrupt practice in his 22-year reign? Did he abuse his powers in any way? Did he have several off-shore accounts and was involved in money laundering?
Focus on Najib
If the answer is none at all, then I suggest the police focus instead on Najib.
They should start questioning him because the world knows of the allegations made against him; and further, many police reports have been lodged against him.
The world is waiting to know if our police force is indeed independent and fearless.
If they refuse even to open a file on Najib, then people will say our IGP is a coward; and they will say Malaysia has indeed turned into a police state.
What a shame that would be, for our police force was once the pride of the nation.
We must not forget the courage they showed in fighting two communist insurgencies that stretched over decades; their role in the Confrontation with Indonesia; and their success in dealing with underworld triads in the 1970s.
We must remember the professional standards set by former IGP Hanif Omar and those who came before him.
The police must not abandon their good name and professionalism by becoming a tool of politicians who are being avoided by world leaders like a plague.
The police must forever protect their good name. They have the reputation of the country to protect.
Getting involved in criminal defamation cases is not what a truly respected police force should be doing.
ZAID IBRAHIM is former de facto law minister.
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