Ezam's conviction - police report lodged by DAPSY

Media Statement
by DAPSY Acting National Secretary, Loke Siew Fook
after lodging a police report at Dang Wangi Police Station
on Tuesday, August 13^th, 2002

Those accused in the documents revealed by Mohd Ezam Mohd Nor should be prosecuted to destroy the notion that corruption is no crime while exposing corruption is the heinous crime

I have just lodged a police report to call for the Attorney-General Chambers to reactivate investigations and prosecute those who were accused in the documents revealed by Mohd Ezam Mohd Nor since the documents revealed by Ezam have proven to be genuine.

My police report is as below:

“Keadilan Youth Chief, Mohd Ezam Mohd Nor has been convicted by the Petaling Jaya Sessions Court on 7^th August, 2002 after he was found guilty under the Official Secrets Act (OSA) for revealing 2 documents considered as official secret through a press conference on November 6, 1999.

"The conviction of Mohd Ezam Mohd Nor under the OSA meant and proved that the 2 secret documents were true and genuine.

"The 2 secret documents are, firstly, a document of the Prosecution Division, Attorney-General’s Office dated 14^th March 1995 signed by Abdul Gani Patail which stated that there was prima facie basis to prosecute Datuk Paduka Rafidah Aziz, the Minister for International Trade and Industry, on five counts of corruption under Section 2(2), Ordinance 11, 1970; and secondly, that the Attorney-General’s Chambers and the ACA had concluded by June 1994 that there was prima facie case to prosecute the then Chief Minister of Malacca, Rahim Tamby Cik on four charges of corruption based on the information supplied to the Anti-Corruption Agency by the former DAP Member of Parliament for Kota Melaka, Lim Guan Eng.

"Since now that the genuineness of the 2 documents have been proven, it created 2 important questions that need to be answered by the Attorney-General Chambers:

"1) Why the two individuals mentioned in the 2 secret documents were not prosecuted for corruption and on what basis were immunity from prosecution granted to them?

"2) Are there any elements of corrupt practices or justice were withheld when the Attorney-General at that time who were the decision-maker at the AG Chambers did not proceed with the proper action to prosecute the two accused when there was prima facie basis in both cases?

"The police and the Anti-Corruption Agency should immediately reactivate investigations based on the contents of the 2 secret documents revealed by Ezam Mohd Nor since they have been proven genuine and the Attorney-General must prosecute those accused with prima facie to redeem justice and punish those who are corrupted and not those who exposed corruption.”

Ezam’s conviction strengthened the notion that in Malaysia corruption is no crime while exposing corruption is the heinous crime. It is clear that justice was not prevailed as far as this case is concerned.

No right-thinking and justice-loving Malaysians will tolerate such a practice of not punishing those who were accused of corruption but punish those who exposed corruption.

Fighting corruption should be the first priority of all political parties in the country and it should transcend race, religions, political affiliations and social backgrounds.