In the aftermath of May 5th (part 1) (UPDATED with Chinese Translation)
Once the election results are officially gazetted, Pakatan Rakyat should immediately file Election Petitions in court. In the meantime they should gather the evidence in preparation. Umno and Barisan Nasional will be doing this, at least Umno Terengganu will, and if they win their cases then Pakatan Rakyat is going to lose a few more seats.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
Polis akan memanggil 28 individu termasuk beberapa pemimpin pembangkang yang berceramah pada Himpunan Suara Rakyat Suara Keramat di Stadium Kelana Jaya, malam tadi.
Ketua Polis Selangor, Datuk Tun Hisan Tun Hamzah berkata, kesemua mereka akan dipanggil dalam tempoh terdekat bagi membantu siasatan mengikut Seksyen 4 (1) Akta Hasutan 1948.
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I refer to the statement by Selangor CPO today that 28 Pakatan leaders who spoke at the Kelana Jaya rally on 8th May will be probed for sedition: N. Surendran (READ MORE HERE)
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The gathering last night was meant to pressure the Election Commission (SPR) into invalidating the 13th General Election of Sunday, 5th May 2013. If they do agree to do this then this would be the first time in Malaysian history that we are seeing such a thing happen. Anyway, is there any provision in the Federal Constitution of Malaysia for such a thing?
One thing we are very concerned about, and which we are fighting the government over, is that the Constitution is not being respected and upheld. That is one of our bones of contention. Therefore I shy away from pushing for something ulta vires. (Remember Karpal Singh was arrested and charged in court for using that phrase, ultra vires, in describing the action of His Highness the Sultan of Perak?)
Once the election results are officially gazetted, Pakatan Rakyat should immediately file Election Petitions in court. In the meantime they should gather the evidence in preparation. Umno and Barisan Nasional will be doing this, at least Umno Terengganu will, and if they win their cases then Pakatan Rakyat is going to lose a few more seats.
You may say we cannot trust Malaysia’s judiciary but there have been instances such as in East Malaysia and Penang (Permatang Pauh: Dr Wan Azizah Wan Ismail) where the opposition has won its Election Petition cases. And remember, I, too, won both my habeas corpus cases in 2001 and 2008. And did not Anwar Ibrahim win his Sodomy 2 and other cases as well (plus Zainur Zakaria, Azmin Ali, and so on)?
Hence we never know: it all depends on the judge. So Pakatan Rakyat should file their Election Petitions and, for sure, contest the ones filed by Umno and Barisan Nasional. At worst, even if Pakatan Rakyat does not win, they can prove to the world that they do have the evidence of electoral fraud. And if the evidence were strong enough the judge would not dare rule against Pakatan Rakyat.
We always talk about cases that the opposition lost and then we accuse the judiciary of being corrupt. We never list down those cases that we won — and which are as many as or more than the ones we lost (the opposition has won all the illegal assembly cases thus far since 1998). I personally know some of these judges and not all are slime-balls and scumbags. Some of them are actually very decent and God-fearing people.
Nevertheless, after saying that, it is your luck as to which judge you come up against. You may get a good judge or you may get a bad judge.
On the news report that 28 opposition leaders are being investigated for sedition, now we can see why the police suddenly did a U-turn and allowed the rally last night to proceed after initially declaring it an illegally assembly and warning everyone to stay away from the venue.
This morning I checked with my deep throat to find out what was going on. First of all, they allowed the rally to go on to see how many people would turn up. It seems the seating capacity of the stadium is only 25,000 and if you include the field then it should come to a total or 35,000-40,000.
The pro-opposition websites say that 100,000-150,000 people turned up. That could be true, I will not dispute that, but I would never enter a stadium built for 25,000 if 150,000 people are squeezed into that stadium. That stadium would become a death trap.
I have personally seen what happens when you over-pack people into an area meant for half that crowd (like in Mekah, Mina, etc). Hence even 50,000 in the Kelana Jaya Stadium would be a huge risk. In the event of panic or a stampede, many are going to get trampled to death. And all you need is a small explosive device for the panic to start.
Did the organisers buy public liability insurance? Did they scan all the bags being brought in to the stadium? Did they scan the people entering the stadium? How sure were you that there were no agent provocateurs in the crowd who would trigger something? In short, how good was the security last night?
Luckily Najib Tun Razak is the Prime Minister. If I were the Prime Minister I would send my people in there with a bomb to create havoc and make sure that some people die. Then there would have been a lot of anger against Pakatan Rakyat for its poor security. Furthermore, I can then declare an emergency and suspend Parliament and the State Assemblies. And once I rule by martial law I can make changes that only a two-thirds majority in Parliament can.
But I suppose Najib is not as cruel as I am. A good thing I am not the Prime Minister or else Saddam Hussein will appear like Gandhi by comparison. (Oh, don’t sound so shocked. Everything is fair in love and war. And if you can’t stand the heat then get out of the kitchen.)
Secondly, they allowed the rally to go on so that the various speakers can utter ‘seditious’ statements. Then they can be investigated and possibly charged for sedition. And if they were found guilty they would have to vacate their seats and we would see many seats going for a by-election.
According to my deep throat, many intelligence officers were amongst the crowd last night and the feedback from them is that 80% of the crowd was Chinese and mostly young urban Malaysians mainly from the Kelang Valley area. Hence it was basically an ‘already converted’ crowd, Pakatan Rakyat diehards. What the government was worried about is that the crowd would be 80% Malay — which would dispel what the government is saying: that Sunday was a Chinese Tsunami.
TO BE CONTINUED
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5月5之後(一)
在大選結果一被正式承認的儅兒,民聯就應該立馬向法庭提出上訴並且同時收集證據。巫統和囯陣絕對會這樣做(至少登嘉樓巫統會),而如果他們真的嬴的話那民聯將會失去一些議席。
原文:Raja Petra Kamarudin
譯文:方宙
警方將會召見有份參與昨晚格拉納在也體育館人民之聲集會的28名出席者。他們當中包括數位當晚有演講的反對黨領袖。
雪州縂警長Datuk Tun Hisan Tun Hamzah表示,警方將引用1948年煽動法第4(1)條文召見這些人士以協助調查。
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昨晚集會的主要目的是向選舉委員會施壓,迫使他們宣佈5月5的大選無效。如果他們真的低頭的話,那這將是大馬史上第一個無效大選。但,大馬憲法裏有這樣的規定嗎?
一個令我們很擔憂進而與政府抗爭的原因是因爲我們的憲法不被尊重;這是我們抗爭的其中一個主軸。這就是爲什麽我盡量避免作出太越權(ulta vires)的事(還記得卡巴星因形容霹靂蘇丹‘越權’而被提控嗎?)
在大選結果一被正式承認的儅兒,民聯就應該立馬向法庭提出上訴並且同時收集證據。巫統和囯陣絕對會這樣做(至少登嘉樓巫統會),而如果他們真的嬴的話那民聯將會失去一些議席。
你可以講說大馬司法是不公平的,但請記得反對黨曾多次在東馬與檳城(旺姐的Permatang Pauh 議席就是一個例子)贏得上訴。我也曾在2001與08年獲得我的人身保護令,安華不也是贏了兩次肛交官司和其他官司嗎?
所以說世事無絕對的,全看那個法官是誰。民聯應該向法庭提出上訴跟囯陣打官司,如果他們輸的話,那至少他們可以把選舉舞弊的證據公諸於世。而如果他們的證據充足的話,那法官肯定不敢偏私。
我們只會去談那些反對黨輸掉的官司,再來大罵司法不公,但我們從來沒有去列出反對黨勝利的例子。他們勝出的與輸掉的其實是同樣多的(自1998年起他們從沒輸過非法集會的官司)。我自己本身有認識一些法官,他們並非全都是混蛋人渣,他們當中有人其實是很有道德和敬畏上帝的。
話雖如此,這些到頭來是很看運氣的:看你踫到的法官是誰。你可能踫到一個好法官,你也可能踫到一個坏法官。
以上的新聞講到會有28名反對黨領袖被控煽動;我們現在可以看到爲什麽警方在之前宣佈其集會是非法,但後來又來個大U-轉讓集會進行了。
剛才早上我和我的深喉打聽消息,看看這到底是怎麽一回事。原來他們准許的第一原因是想看看到底會有多少人出席。那個體育館的座位有2万5千個,如果草場中間站滿人的話那整個體育館的容量是35000-40000人,但親反對黨網站說昨晚有10万-15万個人。那可能是真的,我不會去反駁,但我本身絕對不會去和15万人擠進一個只能容納2万5千人的體育館;那個體育館絕對是個死亡陷阱啊!
我自己本身曾親眼見過人潮200%過度擁擠的後果(如聖城麥加等)。所以格拉納在也體育館容下5万人其實是很危險的了,如果發生恐慌事件或人踩人意外的話,那很多人將會被踩死,而你只需要一個小型炸彈就能令出席者感到恐慌。
舉辦單位買保險了嗎?他們有沒有徹底檢查所有人的包包?他們怎樣知道有沒有‘臥底’混了進來製造問題?簡單一點來説,昨晚的保安作得怎樣?
幸虧納吉是我國首相,如果我是首相的話,我會派人拿個炸彈在裏面引爆來製造死人的浩劫,然後就會有很多人把矛頭指向民聯,說他們沒有做好保安。再者,我可以宣佈我國正式進入緊急狀態,屆時我就可以瓦解國會和州會以戒嚴法令治國,令我可以如奪得2/3國會議席般隨心所欲地修改國家法令。
我想納吉並沒我這樣殘忍,而辛好我也不是首相,不然的話你們會看到薩達姆重生(是的,請別感到驚訝,在愛情與戰爭裏,所有東西都是平等的;如果你受不了熱氣的話那請別待在廚房裏。)
他們准許集會的第二個原因是要引誘那些給出煽動的演講,那樣他們就能展開調查再把那些演講者控上法庭。如果那些領袖真的都入罪的話,那他們得放棄他們的席位,然後我們就會看到很多補選。
根據我的深喉,昨晚有很多情報人員混進了集會裏。他們的報告是有80%的出席者都是華人和住在巴生一代的年輕人,所以説昨晚出席的都是民聯的‘死忠’支持者。而政府所擔心的情況是80%的出席者都是馬來人—-因爲那將粉粹政府的‘華人海嘯’理論。
(敬請期待下一篇文章)