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By Mihar Dias (C) Copyright March 2023
Murray Hunter in his recent article raises a valid question; "Should Syed Mokhtar be accorded immunity in the name of public?" Hunter says many are perplexed that there was no co-accused in the case of bribery charges against Muhyiddin Yassin.
"Muhyiddin was accused of receiving RM120 mil in illicit funds from Bukhary Equity Sdn Bhd. Tan Sri Syed Mokhtar Shah Syed Nor Albukhary and his wife Puan Sri Sharifah Zarah Kechik are the directors of the company which is 99% owned by Syed Mokhtar."
But the people who allegedly offered bribes, namely Syed Mokhtar and his wife, are not similarly charged. Perhaps it is in the public interest that Syed Mokhtar is granted immunity from persecution alongside Muhyiddin.
As an illustration, consider Zahid Hamidi's bribery case that was tried in a Shah Alam court and ended in 2022, the directors of a company accused of offering bribes turned prosecution witnesses while in Ku Nan's case, the person who allegedly bribed him was charged for his crime but paid a fine and walked away a free man. Ku Nan had to enter his defence but was eventually acquitted. In both cases, the co-accused were charged and had to appear in court.
On the other hand, in Muhyiddin's case, Hunter concludes that "It is obvious that this is either a selective prosecution of Muhyiddin or Syed Mokhtar has done a deal for immunity."
In any case, eight days after Muhyiddin was charged, Syed Mokhtar issued a press statement that says, "As a businessman who has for more than 40 years been in the world of business in Malaysia, I am against anyone associating me with any political parties or establishments that would suggest such links".
This clearly shows that Syed Mokhtar is trying to distance himself from being implicated in Muhyiddin Yassin's case and forthcoming trials.
This is where Hunter and other observers become more perplexed by Muhyiddin Yassin's case.
Hunter summarises the situation by saying, "If the government is serious about zero tolerance of corruption, then all must be equal before the law. Going after and prosecuting politician will not end corruption if those who pay the bribes and commissions are not dealt with under the law."
According to the law, both the giver and receiver of bribes, if proven guilty ought to be similarly punished.
Hunter is right, "Malaysia has a two-tier justice system which prosecutes political enemies and turns a blind eye to kleptocrats. It seems that there is a law for the rakyat but a different law for cronies and kleptocrats."
However, all these may come to a pass and Syed Mokhtar or Muhyiddin may yet be spared of all inconvenience of having to go to trial because according to Raja Petra Kamaruddin (RPK), the charge against Muhyiddin may be flawed.
In the last few days, the Ministry of Finance has issued a statement that is central to Muhyiddin's case. Apparently, the Ministry of Finance had never withdrawn the tax exemption on Syed Mokhtar's company.
By virtue of the above disclaimer, there was no necessity for Syed Mokhtar to appeal to PM8 for reinstatement. Thus, the allegation that he contributed to BERSATU coffers in return for a favour may not be at all valid. Therefore, in the opinion of RPK, the case against Muhyiddin is indeed flawed.
At the same time, PMX informed Parliament that tax exemptions are the prerogative of the DG of LHDN. The Prime Minister or Finance Minister has little say on such matters.
So, why charge Muhyiddin then?
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