BREAKING NEWS! . . . Dayak victim of colonial divide-and-rule tactics since 1966 . . .

Dayak victim of colonial divide-and-rule tactics since 1966 . . .

Sarawak Malay, Putrajaya’s proxies, squatting on Dayak majority community!

https://dayakdaily.com/pbk-files-lawsuit-against-swak-msia-and-uk-govts-questioning-validity-of-ma63/

Borneo rights . . .

The Malaysia Agreement 1963 (MA’63), for starters, is about legal capacity! Don’t mention validity. It’s a legal minefield . . .

It’s safer to file an ex-parte Originating Summons (OS) for a Declaration on a point of law on MA’63 . . . i.e. on legal capacity!

Either Yes or No. If Yes, the court has to justify it. If No, there’s nothing much to say. It’s self-explanatory.

The OS can be done at the High Court of Borneo or High Court of Malaya for the Federal Court’s response or at the High Court in London. The UK signed MA’63. Other signatories were Sabah, Sarawak, Singapore and Malaya.

Applicants will definately get the ex-parte Declaration at the High Court of London. It has jurisdiction given the fact that the UK signed MA’63. Besides, the UK is a civilised nation.

The Federal Court might amend the ex-parte OS and make it inter-parte for the AG to respond.

The prognosis may not be good if the AG enters the picture.

PBK . . .

Like the hurried GPS amendments to the Federal Constitution, which it previously rejected, PBK may be playing politics with MA’63 as it eyes Dayak and Chinese votes.

This is about the Sarawak election on Dec 18.

If GPS wins, this will be the last time for the moribund coalition.

No party, in the history of the world, has ruled uninterrupted forever. Sarawak Malay have been proxies for the Federal gov’t since 1966 when CM Stephen Kalong Ningkan was thrown out.

The Sarawak Malay have been squatting on the Dayak community, the majority community, through colonial divide and rule tactics and their domination of the civil service.

They pay lip service to Borneo rights. They see no reason for change. If not for Sarawak Malay, Sarawak won’t be in Malaysia. Dayak and Chinese were against Malaysia.

Dayak votes . . .

Dayak votes are up in the air especially since James Masing’s departure. I knew that he was in trouble when he contacted me through his PRS party after many years. He allegedly hijacked the Dayak Daily concept from a friend. Dead men tell no tales.

So many Dayak leaders have died of symptoms, labelled Covid-19, unleashed by the immune system in response to the perceived aggressiveness of the novel Corona virus in the epithelial cells and lymph nodes.

PRS is in turmoil and wracked by infighting. Many members want to oust Acting President Joseph Salang.

If Pesaka loses any Dayak seat, it’s the beginning of the end for GPS.

“Air tenang jangan di sangka tiada buaya” (Don’t think that there are no crocodiles in still waters.)

Accusation . . .

In law, those who accuse must prove it.

PBK, having accused on validity, must prove it. That will invite intervention by the AG and create confusion, disorientation, chaos and all sorts of legal complications probably unprecedented in world history.

The court can decline to rule or reserve judgment forever.

In cases like this, where the very existence of the judiciary is linked with the survival of the state, the court will invariably veer towards the state.

The PBK Application may not even get past the procedural stage for the merits of the case to be heard.

The court will find some way to knock off the Application.

Even if the merits of the case are heard, the court will knock it out on procedural grounds, not on the merits. They will mention some BS about threshold and locus standi. The merits, if heard, will be a minefield. The court will not comment on it.

Never rush to court on political issues. Always settle political issues politically.

Anything can happen in court.

A winning case can be lost, a losing case won. The proof of the pudding is in the eating.

Money laundering . . .

It’s important how Questions, Applications and Charges are framed. For example, the AGC claimed that the funds in a certain case came from 1MDB. The AGC couldn’t prove it. So, the court ordered that the money be returned to the suspected thieves. The DoJ would die laughing.

The court could have taken a wide latitude in interpretation and queried the source of the suspect funds.

Instead, the court put on blinkers like the horses at the race course.

This should never happen in a civilised country. But then, we are talking about BolehLand, about Malusia where they belabour in the delusion that the letter of the law is the sum total of the rule of law.

Shame knows no bounds in Malusia as evident in Najib’s “Malu Apa Bos!” Will any gov’t in the world, including communist and Islamic state, give a RM100m mansion to a former Prime Minister who has been convicted of plundering the public treasury, fined, jailed, and jailed further in default?

Our courts will never get back funds plundered from the public treasury if the case is criminal.

It will also never consider the merits of judicial review Applications or rule on gov’t procedures being unfair.

The DoJ got back billions for M’sia.

How?

By filing civil action suits based on the Definition of money laundering in international law.

Money laundering has been defined in international law as having assets far in excess of what can be accumulated legitimately over a lifetime.

Such assets can be frozen by the state under civil action, seized and forfeited. In law, the source of the funds doesn’t matter.

Criminal suits would only be instituted if the civil action is challenged.

Likewise, the IRB doesn’t query on the source of funds. The focus is on declarations, tax evasion and tax evasion disguised as tax avoidance.

There are so many tax cases in M’sia. IRB does nothing.

For example, we don’t know whether IRB went after former Sabah Chief Minister Musa Aman for admitting in court that he received RM380m in political donations. Instead, malaysiakini was fined RM500K for “facilitating five subscribers in committing contempt of court”.

We don’t know whether Bank Negara froze, seized and forfeited the RM380m under the Definition of money laundering in international law. Malaysiakini, having been fined RM500K for facilitating contempt of court, should investigate.

The media avoids investigative journalism like the plague. The public can be forgiven for thinking that they are on the take i.e. collecting ang pow. The unions are silent!

Mahathir and Family are other money laundering cases. The media ignores this.

Instead, the media gives space to Mahathir every day to call Najib all sorts of names. The media must be on the take from Mahathir. After all, he has billions accumulated under various Mantra, over 24 years in gov’t. He stays in a glass house and throws stones on plundering the public treasury.

No one is saying Najib didn’t steal. Let the court decide.

Why didn’t the IRB and Bank Negara act on Najib’s cases?

Why didn’t MACC act by doing due diligence on inflated gov’t contracts and pink shares meant for ordinary Orang Asal, Orang Asli and Malay in publicly listed Companies? Mahathir and Family allegedly hijacked them. Just check the publicly listed Companies.

Why didn’t the AG file civil action suit/s against Najib?

Instead, the AG filed criminal suits to lose!

The people are more interested in getting back all stolen funds. Will Najib going to jail help get back the stolen funds? He will keep the money. Thieves rather go to jail than return stolen funds.

The Sarawak Report, Asia Sentinel and Murray Hunter should report on these issues.

Murray should take a break from his usual issues in Asia Sentinel.

He should work together with Clare Rewcastle.

Don’t expect FMT to do it. They are allegedly in Umno’s pocket and rooting for ketuanan Melayu and throwing sxit on DAP. FMT Founder John Soh Chee Wen is rotting in jail in S’pore. PKR occupies his building at Tropicana. They allegedly refuse to pay rental.

MalaysiaNow, formed after a failed coup at FMT, apparently takes orders from AzminAli.

Of course, they will continue to deny me the right of reply. Latheefa Koya abandoned Anwar Ibrahim after writing a nasty letter against me, in his defence, to malaysiakini. The letter can still be seen in the Internet. Google!

Baru Bian also abandoned Anwar after taking his side in the Letter against me. I warned Baru about Anwar.

Malaysiakini allegedly takes orders from the two DAP Lims, the younger a Great Liar on Borneo rights, although it stands accused of taking funds from the US State Dept. They themselves mentioned it while pontificating sanctimoniously on existing for 22 years. They deny me right of reply even when I comment on their stories.

Any anti-gov’t Tom, Dick and Harry can get funds from the US State Dept and the CIA. It’s not rocket science. No country in the world can print US$ like the US gov’t.

Anwar Ibrahim is running amok at the Vibes. According to a source, he told Vinod Sekhar to deny me right of reply. B. C. Sekhar must be turning in his grave.

I have been proven right time and again on Anwar. He has no principles. Legitimacy, consent of the governed and sovereignty matter. Man does not live by bread alone. Principles matter.

If Anwar didn’t agree that the Agong could interfere in politics, history would have taken a different turn. The people are not stupid. That’s why PKR lost in Melaka, Amanah lost, and DAP lost half its seats.

No winner in Melaka got half the votes.

Umno got two thirds majority in Melaka but never won any seat with 50 per cent or more votes. The matter should be taken to court.

So, Umno is thinking twice on going solo in GE15. This kampung party and all Malay parties will end up as mosquito parties. Malay who don’t get seats form new political parties. Soon, unable to form new race-based parties, Malay will form half the membership in multiracial parties including DAP.

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Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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