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Press Statement

by Lim Guan Eng

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(Petaling Jaya, Monday): Mainstream newspapers have wrote of the effect that a scandalous video clip of senior litigation lawyer Datuk V.K. Lingam allegedly brokering a judicial appointment for a very senior judge has killed whatever confidence left within the public for the judicial system. Tan Sri Abdul Rashid and the EC has even less credibility than the judiciary in Malaysia by refusing to admit that the electoral process in the country is in crisis when it is not clean, unfair, no level playing field with complete media bias, double-standards and closing their eyes to manipulation and vote-rigging by BN.

Tan Sri Abdul Rashid’s claim in Kota Baru yesterday that EC’s management of the elections is dynamic and among the world’s best is ridiculous and laughable when there are 322 centenarians still registered in the Melaka electoral rolls and EC’s admission of mistakes and wrongdoings in locating its polling stations in which constituency. Perhaps Tan Sri Rashid meant management of elections on BN’s behalf.

Opposition parties can accept defeats if that is the will of the people but not if it is brought about by unlawful means or dirty tactics prohibited by the very electoral laws that the EC is supposed to enforce. For instance Tan Sri Rashid shocked Malaysians on 7.3.2006 when he said that that up to RM 110 million was spent on elections posters in the 2004 general elections and RM 3.5 million was spent in the recent Pengkalan Pasir by-election.

Under section 19 of the Election Offences Act 1954, a candidate for every Parliamentary and state constituency can not spend more than RM 200,000 and RM 100,000 respectively. Clearly the RM 3.5 million spent in Pengkalan Pasir by-election has far exceeded the legal limit of RM 100,000 by 35 times.

Spending RM 200,000 on Parliamentary seats and RM 100,000 on state seats mean that a political party like BN, that contested all the 219 Parliamentary and 445 state constituencies in the 2004 general elections, can not exceed spending RM 88.3 million. Only BN has the financial resources to spend RM 110 million to spent on posters alone in the last general elections making those elected illegal and the whole ruling government technically illegal under electoral laws.

Spending above limits imposed by the Elections Offences Act 1954 is an illegal practice under Section 27 and is subjected to a fine of RM 5,000 by the Sessions Court, disqualification as a wakil rakyat and rights as a voter. However such laws are marked more by its breach than its compliance. EC’s failure to act and question the legality of the BN government not only makes a mockery of the very election laws it has drafted but also the spirit of democracy that votes should not be bought and sold.

How can Tan Sri Rashid claim that the EC is fair when he dare not publicly castigate Minister in the Prime Minister’s Department Datuk Mohamad Nazri Abdul Aziz whom he alleged had given a false reply on the number of new postal voters in Ipoh Timor and Ipoh Barat parliamentary constituency? At a meeting on 29th November 2007 in Ipoh with the DAP delegation protesting against the planting of 8,463 voters suspected to by BN supporters in the Ipoh Timor Parliamentary constituency and reduction of 656 of DAP supporters in the Ipoh Barat constituency, Tan Sri Rashid said the current relocation of voters to their "rightful" constituencies is solely to correct mistakes made in the past.

How can the management of the elections be dynamic, credible and trustworthy without any hidden motives when the EC has admitted to making mistakes in the past and the local wakil rakyats were not informed about this relocation exercise made in October 2004? DAP had strongly condemns the planting of voters in the Ipoh Timor and Ipoh Barat Parliamentary constituency that shows the dirty, dishonorable and desperate tactics to defeat Parliamentary Opposition Leader Lim Kit Siang and M Kulasegaran respectively.

DAP ADUN for Pasir Pinji Thomas Su, whose constituency is under the Ipoh Timor Parliamentary seat, was shocked when checking the number of new voters for the second quarter (1 April-30 June 2007) that there were 8, 463 new voters in the Ipoh Timor as follows:-

1. The wholesale transfer of the entire 2,231 voters in the Pengkalan Pegoh polling station in the Sungai Rapat state constituency/ Gopeng Parliamentary constituency to Pasir Pinji state constituency/ Ipoh Timor Parliamentary constituency;

2. The sudden increase in postal voters by 3,208 even though there are no new army camps nor new police stations; and

3. The extraordinary increase in new voters or those transferred into Ipoh Timor of 3,024 new voters when the normal increase in each quarter is only 400 new voters.

Such an increase of 8,463 voters in Ipoh Timor in only 3 months has endangered what is considered safe DAP seat held by Lim Kit Siang with a majority of 9,747 votes to a dangerous seat Even Thomas Su’s majority of 2,841 votes in his Pasir Pinji state seat is also in jeopardy. Tan Sri Rashid had denied DAP’s claims by stating that there were only an increase of 5,998 new voters as follows:

1. The wholesale transfer of the entire 3,804 voters from Tambun and Gopeng parliamentary constituency into Ipoh Timor;

2. No increase in postal voters; and

3. The increase in 2,194 newly registered voters.

Tan Sri Rashid claimed the figures obtained by DAP through a reply by Datuk Mohamad Nazri was wrong. This is a serious allegation implying that Datuk Mohamad had misled Parliament but there was no action taken Tan Sri Rashid at false information given. If EC was indeed independent, Tan Sri Rashid would have insisted that Datuk Mohamad apologize or justify his figures but Tan Sri Rashid appears to be more frightened of Datuk Mohamad Nazri than Datuk Mohamad Nazri is afraid of Tan Sri Rashid.

Even the 5,998 new voters conceded by Tan Sri Rashid is still a significant increase that may influence the election results for Ipoh Timor at the next general elections. To win and lose in electoral battles is normal, but DAP would not accept any defeat brought about by unscrupulous manipulation For this reason DAP rejects totally the explanation by Election Commission (EC) chairman Tan Sri Abdul Rashid Abdul Rahman that the “wholesale transfer” of voters from Tambun and Gopeng to Ipoh Timor Parliamentary constituency is mainly to put right what was not done in the last general election.

DAP would await the final study by EC and formal reply from Tan Sri Rashid on exact figures before taking the next course of action. Should there not be a satisfactory explanation DAP would continue to press the matter as we would not permit the democratic principle and right of Ipoh Timor voters to elect our wakil rakyat to be robbed or disenfranchised by such dishonest and illegal means.