Yes, The Malay Mail has got its version to the story of my Statutory Declaration. I also have my version. And my version is: I will not be put on trial and I refuse to pay bail. The government had its chance to send me to jail. I gave them that chance. I agreed to forfeit both my trial and bail. But they wanted to impose bail on me and put me on trial.
NO HOLDS BARRED
Raja Petra Kamarudin
“Raja Petra went missing after two warrants of arrest were issued for failing to attend a court hearing on April 23 and May 23 for publishing seditious words and defaming Datin Seri Rosmah Mansor, wife of the prime minister, on his portal, Malaysia Today,” said The Malay Mail (read the full report here). Then they inserted a wrong link that takes you to another website instead of to Malaysia Today (very devious of The Malay Mail).
The Malay Mail is run by a pro-Umno Blogger who also runs the Blog known as Rocky’s Bru. So The Malay Mail is certainly far from independent although it presents itself as ‘mainstream media’. It has a certain agenda and it writes whatever suits this agenda. And Rocky’s running mate is Big Dog, the chap who first triggered this whole business that resulted in the shit hitting the fan.
It all started with the Statutory Declaration that I signed on 18 June 2008. No doubt, a Statutory Declaration signed and lodged in court is not a secret document and members of the public would be able to get access to it. Nevertheless, what I signed was meant for the consumption of the prosecution team in the Altantuya murder trial. And my lawyer did write to the prosecutor with a copy of that Statutory Declaration attached.
Somehow, though, a copy of the Statutory Declaration was published on Big Dog’s Blog within 24 hours or so. Almost immediately the IGP and AG said that I have signed a false declaration and that action would be taken against me.
Now, no investigation was yet carried out as to whether I did or did not sign a false declaration. In fact, they did not even know yet whether I really did sign it or maybe it was a fake. But the IGP and AG announced that I had signed a false declaration and that action would be taken against me.
That’s right, action would be taken against me for signing that declaration. No investigation needs to be carried out. And the people named in that declaration are automatically presumed innocent and they need not be investigated.
Prejudgment was immediately made. They pronounced me guilty of the crime of signing a false declaration and announced that I would be punished for that crime.
How did the IGP and AG know? They are yet to read what I signed. They are yet to investigate what I signed. They do not even know if I did really sign it. But they already know it is false and the decision was made immediately that I would be punished for this crime.
I was then called in for interrogation. In my interrogation the police wanted to know how Big Dog obtained a copy of that Statutory Declaration and whether I had given it to him. The focus of the investigation was on whether Big Dog and I are working in concert, which means I gave him a copy of the declaration so that he can publish it.
It looked like the concern of the police was that the Statutory Declaration was published on Big Dog’s Blog and not so much that I had signed it. They were also not too concerned with the contents of the declaration as much as with the fact that it was made public. But then is not a Statutory Declaration signed in court a public document anyway?
The interrogation also focused on the source of my information. The police wanted to know whom my source is, how reliable he is, how well I know him, whether I have known him for a long time, how far I trust him, and whatnot. I told the police all this will be revealed in court. If they think I have signed a false declaration, then charge me, and my source will then come forward to testify during my trial. I also told the police I have known this source longer than I have known my wife -- and I have known my wife since 1968.
Soon after that I was asked to report to the police station because they are going to charge me for that Statutory Declaration which I signed. Okay, I thought, now the fun is going to start. I was actually looking forward to being charged so that we can ‘revisit’ the Altantuya murder trial and go through all those points the murder trial missed, or intentionally left out.
They did not, however, charge me for signing a false Statutory Declaration. If they do then they will have to prove their case against me. Instead, they charged me for criminal defamation, which means they need prove nothing other than the fact that I had signed the declaration, which in the first place I never denied signing.
My name and signature are on that document so how can I deny it? Why should I want to deny it? If I wanted to deny anything I would not have put my name and signature to something as legal and binding as a Statutory Declaration, what the Malays call a surat sumpah or ‘letter of oath’, almost like swearing on the Quran.
The government did not have the balls to challenge me on the contents of my Statutory Declaration. And by charging me for criminal defamation the government can avoid talking about the contents of what I signed. They just need to prove that I did sign it, which they can prove easily enough since I admit it, and then send me to jail.
Okay, so let’s assume that I did defame the Prime Minister’s wife (who was then only the Deputy Prime Minister’s wife). Can I be charged for that? Is that criminal defamation?
It is criminal defamation only if the Deputy Prime Minister’s wife works for the government and I defamed her in her official capacity as a government officer. Say I accuse Khalid Ibrahim, the Selangor Menteri Besar, of neglecting the Malays in Selangor because he gave land to Chinese and Indians but not to Malays. And, say, this is not true. That can tantamount to criminal defamation. This means I am criticising Khalid in what he does as Menteri Besar and that this allegation is false.
Rosmah Mansor is not a government officer. And I did not criticise her, false or otherwise, because of what she did as a government officer. So whatever I say, true or false, about Rosmah is not criminal defamation. She has absolutely no status in the government. She is just a wife of a politician who happens to hold a position in the government. The wife of a public servant is not a government post. The First Lady of the US is an official position, not the so-called ‘First Lady’ of Malaysia (and at that time she was not even the ‘First Lady’ yet).
Anyway, I was charged for that crime, which is not a crime. And, as Prime Minister Najib Tun Razak said, since the charge is frivolous, I did not want to layan (entertain) it. So when the charges were read out to me I told the judge I am not responding to the charges because the charges are mala fide and defective. I will not enter any plea.
The judge told me since I refuse to enter a plea then the court would take that as a not guilty plea. I then raised my voice and told the judge that I did not enter a plea of not guilty. I refuse to respond to the charges and enter any plea. But the judge still insisted that he would record that as a not guilty plea.
The case was then transferred to a higher court. The lower court that I was first charged in cannot impose a higher sentence. So they transferred my case to a higher court so that the sentence can be more severe.
There was no reason to transfer my case to a higher court. The lower court that I was first charged in is legally allowed to hear my case. Only that if I am found guilty then my sentence would be a maximum of two years jail and/or a fine of RM10,000. But if my case goes to a higher court then there is no limit as to what they can whack me with.
It looked like they already knew I was going to be found guilty even before the trial started. So they wanted my case transferred to the higher court so that there is no limit on my sentencing and they can lock me up and throw away the key. If they impose a sentence of both jail and fine, and if the fine is so huge that I can’t afford to pay it, then that would be an additional jail sentence imposed on me.
Smart, no?
Anyway, they recharged me in a higher court and I, again, refused to respond to the charges and enter any plea. And, again, the court insisted that this will be taken as a not guilty plea. And, again, I raised my voice and said that I did not enter a not guilty plea. But the court still insisted that they take it as a not guilty plea. This is the way it works, my lawyer told me.
I told my lawyer I don’t care what the system says. I refuse to face trial on charges of criminal defamation. If they charge me for the crime of signing a false declaration then I will fight the charge. But I am not going to layan a charge of criminal defamation. And the system can go fuck itself for all I care.
Now, on the issue of bail, I told the court that I refuse to pay the bail. I came to court with just a phone call and with no summons or warrant of arrest issued against me, like it should have been. I was not legally summoned to court to be charged. The police phoned me to request my presence in court so that I could be charged.
I could have told the police to go to hell. Since there is no summons for me to appear in court or no warrant issued against me, then I need not go to court. The police can’t do a damn thing. But I came to court anyway, based on just that phone call and the request from the police. So why the need for bail?
But the court still insisted that I post bail. The Prosecution wanted bail of RM10,000 for each charge. I protested and said that I would not pay. My lawyers quickly stood up to negotiate for the bail to be reduced to RM5,000. I scolded my lawyers and shouted at the judge that I am sacking my lawyers. I did not authorise my lawyers to negotiate for bail of RM5,000.
The judge called for an adjournment so that my lawyers could talk to me. My lawyers told me to accept bail and they will try to negotiate for the bail amount to be reduced. I said no. I had walked into court based on just a phone call and with no summons or warrant when I did not need to do that. So I do not see the need for bail. Even Anwar Ibrahim on a more serious charge of sodomy where the sentence is ten times more than the charge I am facing was allowed personal bond. So why treat me differently?
The judge came back into court and, to everyone’s surprise, imposed bail of RM2,000, for all three charges. This was very odd, my lawyers told me. The Prosecution asked for bail of RM10,000 for each charge (so that would be RM30,000 in total). My lawyers asked for bail of RM5,000. But the judge imposes bail of just RM2,000 for all three charges. This never happens, my lawyers told me, so can I please accept this lower bail? It looks like the judge is going out of his way to help me.
I still said no and walked off and surrendered myself to the police and told them to send to the Sungai Buloh Prison.
But the police would not do that. They did not even handcuff me like they should have. And they let me sit in the common area instead of locking me up in the holding cell. The Black Maria then left for the prison without me.
Furthermore, the police allowed my wife and one of my lawyers, Sam, into the holding area. They then opened one of the lockups so that we could sit inside it to discuss our matter in secret and in 'comfort'.
I told Sam to get the hell out of there and go home. But he would not go and my wife begged him to stay. My wife was crying and Sam said if he needs to go down on his hands and knees to beg me to accept bail he would do so. I was adamant that I am not paying bail. In fact, I refuse to even be put on trial. I had refused to enter any plea and the court should have just pronounced me guilty and sent me to jail.
I refuse to respond to the charges and enter any plea but they refuse to pronounce me guilty even after I shouted at the judge. I refuse bail but they refuse to send me to the Sungai Buloh Prison even after I walk into the lockup on my own accord.
I am not cooperating with the government, I told Sam. I am going to fight this charge. But I will not fight the charge in a trial. I will fight it my way and on my terms, not on the terms of the government.
If the government chooses to enter a plea of not guilty on my behalf then that is their choice not mine. It is the government that recorded a plea of not guilty. I did not enter that plea. And I also refuse bail. If they impose bail on me then I am not going to pay the amount. I will choose to go to jail.
My wife, full of tears, pleaded with Sam to keep me there, by force if necessary, and not allow them to send me to prison while she goes upstairs to post bail.
Sam and my wife said they are going to pay the bail and take me home. They insist. I told them to do what the fuck they want. And Sam called me a stubborn bastard. And I told Sam that it takes stubborn bastards who dare tell the government to go fuck itself to bring changes to this country.
Yes, The Malay Mail has got its version to the story of my Statutory Declaration. I also have my version. And my version is: I will not be put on trial and I refuse to pay bail. The government had its chance to send me to jail. I gave them that chance. I agreed to forfeit both my trial and bail. But they wanted to impose bail on me and put me on trial.
Well, I am not playing this game so they can go play with themselves. That’s my way of telling the government of Malaysia to go fuck itself. Oh, and it is true as what Sam said: I am a stubborn bastard and arrogant to boot. And by the way, Manchester United is playing against Liverpool this weekend so I thought the video below best explains my feelings about the Malaysian legal system
Normal 0 0 1 8 46 Malaysia Today 1 1 56 11.1287 0 0 0
Translated into Chinese at: http://ccliew.blogspot.com/2010/03/blog-post_6189.html
written by No nonsense, March 21, 2010 09:40:08
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written by aisyalam, March 19, 2010 04:07:33
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written by ibabonma, March 18, 2010 05:17:41
Another problem, if she attends court all of us will see in person; is she beautiful or ugly (botox all over), is she tall or short, fat or slim like Ziana.
So RPK, no need for you to go to court lah!
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written by Admiral Tojo, March 18, 2010 05:00:27
By the way, as a Chelsea fan, I want to make a comment here. Manchester United has a huge debt problem. Their new owner, the American Investor, has forward pledged the clubs income as collateral for their borrowings and if I can remember, MU debt stands at over 800 M pounds. So in a way, this investor has managed to screw MU right and proper. So how Pete?
Nevertheless, I will join you Pete in pointing my middle finger at these corrupt entities you mentioned in trying to fix you up. They really screwed up BIG. Some have died, some are going to die soon, mark my words. It is in the KARMA.
Shalom
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written by Statesman, March 18, 2010 01:47:34
Guess the First Lady of Malaysia should be rightfully addressed as 'FAT LADY'.
Cheers Mate!
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written by Alice, March 17, 2010 23:43:21
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written by ctlyn, March 17, 2010 23:05:48
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written by popuri, March 17, 2010 22:49:13
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written by popuri, March 17, 2010 22:47:05
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written by siewchinteo, March 17, 2010 22:40:23
not only does YM RPK not charge for his awesome stubborness, he sacrifices the good life, his freedom, and even loses loved ones, in his relentless never-ending battle against the forces of evil, corruption, injustice. We should all be stubborn in the fight too!
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written by AzizKadir2u, March 17, 2010 22:33:20
we rakyat pay the income tax, pay toll, we pay the petrol, our petronas $, we pay 'zakat, we pay sales tax, we pay AP,
they the ArUmno, BeN govermen has been raping the rakyats, they and the cronies are the biggest beneficially, they do anything to stay in power,
to stay in power and to do their selfish end, the good citizens and the brave courageous people are being pissed and chase away from our mother land Malaysia, passionate people like you,
the truth is there, all are written in Malaysiakini, MalaysiaToday, only the wise one will see through the truth and the fact, the story are all linking up, they can cheat, they can lie, they can do a lot of things, to intimidate us rakyat, they can wayang, they can sandiwara,
we rakyat can pakat,
we rakyat are 1Malaysia,
we rakyat wait, patient, waif for our time,
remember we have with you RPK, DSAI, passion and leadership,
yes we can,
we rakyat will pakat, wait for our time,
it will not be long, the latest is 8th March 2013, maybe 8th March 2012, or 2011,
it will not be long, the day will come, that is the day we will show 1Malaysia, we rakyat pakat,
very quietly we rakyat stay calm, be cool, we will have our day, we must work very closely, very cool, very calm, like the duck swimming on the lake, look calm above water, pedal like shit down underneath,
that is what we rakyats, must work with passionate leaders like RPK and DSAI, this is our last chance,
the govermen, can chase RPK out of our country,
the govermen can lock DSAI in the jail, they can not lock all malaysian rakyat in the jail, they can not chase all the rakyat out of the country..............they can cheat, they can corrupt, they can intimidate, they can change the law, they can continue to buy the MPs, they can continue to buy the perak govermen,
they can buy Hee, they can buy Zairain, Tan TeeBeng, they can buy Monsin, they kill the innocent Teoh Beng Hock,
we have passionate leader RPK, DSAI, we rakyat will work together under 1Malaysia,
we will realize the 1Malaysia dream under our term,
we rakyat pakat, united yes we can,
they can not buy our heart,
we know how to read,
Dr M is great even he is very corrupt, he build the tallest twin tower in the world, and more important, he build the MSC and the law that allow Malaysiakini and Malaysiatoday,
Dear Pete, yes we can, with your help, your leadership, your vision, your courage, you and DSAI, is our hero, our heart and soul, please hang in there,
we rakyat pakat, we will have our miller time.............................
yes we can, we rakyat pakat, to realise the 1malaysia dream, in our term,
remember they will do everything to cheat in the poll hence, we rakyat must pakat very deep, so that we can get the simple majority or best still go to putrajaya,
we rakyat pakat united, yes we can. insyaallah
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written by Pegasus, March 17, 2010 22:23:44
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written by KELLYVILLEACE, March 17, 2010 22:19:34
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written by KELLYVILLEACE, March 17, 2010 21:54:05
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written by qinwen, March 17, 2010 21:13:03
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written by educationist, March 17, 2010 18:14:28
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written by arazak, March 17, 2010 14:40:04
Way to go, Pete, that’s the only way to deal with them! If you are a “stubborn bastard”, than we the commenters are the “inglorious bastards”! (meaning*; obscure, humble, as an inglorious life of ease.) But than, when we comment, we show no mercy to the thieving and corrupt UMNO regime!
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written by temanmu, March 17, 2010 14:34:19
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written by storm62, March 17, 2010 13:54:09
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written by jokersland, March 17, 2010 13:48:57
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written by AzizKadir2u, March 17, 2010 12:47:57
we the rakyat of malaysia love you ! we read only Malaysia Today, Malaysiakini, I dont read those MSM anymore, they can go to hell, all the editor and the journalist that do not write truth, they will have their day, every dog has his day !
We love you for the passion of our country, we know what is lie and truth, may god and allah and all the al mighthy protect your good self, take care of your health and cheer up like Mandela, this will not be that long,
we rakyat will work together pakat and united go to putrajaya, you can come back as minister without portfolio, and clean up the shit left behind by all those shit people.
yes we can, united, pakat we can,
rakyat malaysia boleh, kita 1Malaysia.
when come to voting, kita 1 Malaysia. kita pakat, kita pakat. yes we can, we can change !
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written by Ben, March 17, 2010 12:40:43
We continue to pray for your good health and good wife and family. May Allah bless, protect and keep you all in His loving arms. We also pray that He will avenge all your enemies on your behalf and swiftly bring justice back to Malaysia and heal our land. Amen.
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written by lynn, March 17, 2010 12:39:46
In fact, we think the world of you. Please stay away, stay safe - fat arsehole is running the country, even the mamak from kerala has lost his faculty of speech. He's been very quiety lately, isn't it?
This bastard government will fall. Your supporters will ensure that. Come on, jibby, bring 'em on!
We want GE13 soon!
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written by Angela Ooi, March 17, 2010 12:38:00
Rocky Bru must be having a time of his life...living the good life, with a fast car (highpowered BMW) to match for his worthy services rendered unto Bastard Nasional
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written by AzizKadir2u, March 17, 2010 12:36:35
You will help clean up the . shit from the BN and Umno government.
we rakyat malaysia already have too much shit in our hand for the past 52 years,
still paying toll on the north south highway,
still paying so high the income tax,
still paying so much for the corruption of all the cronies and minsters,
still paying so much for missing jet engine,
still paying so much for the corruption in the submarine deal
still paying so much for the corruption in so many thing, through the cronies,
e.g. subsidy are given to the cronies, and then pass down to the middle man etc
paying for the projects mega projects,
crooked bridge not being build still have to pay so much,
toll is so expensive and still paying after so many years, sure to pay pay pay..
petronas money go missing,
we should be not paying tax for all if we have a good government,
so rakyat, get ready, let us rock, let us have a new government in Putrajaya,
March 8th, 2011, or 2012 or 2013, there will be a election,
we all rakyat pakat, we all rakyat united, like Najib said, 1Malaysia,
we have a new government in Putrajaya, 1 malaysia.
yes we can ! united we can.
if the new government is no good, we change again,
we the rakyat must make the decision to change, we rakyat are the boss, not the other way round,
we can change the government if they do not take care of the rakyat...
yes we can.
we must lie low, we do not do anything, we dont talk too much, we wait for our turn, we wait our day,
yes we can,
we must have the courage to change,
we must have the heart, the vision to change, for better,
we must change with courage,
we should not chicken out, no pain no gain,
yes, it is about time, we change,
if they do not behalf, we change again, we rakyat pakat................
mari lah mari, kita mengundi.............kita pakat
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written by malsia1206, March 17, 2010 12:29:00
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