When Lim Guan Eng was Imprisoned in 1998 - An Open Letter

He went to prison in DEFENCE of an under-aged MALAY girl in the trial of statutory rape by an UMNO warlord


Lim Guan Eng
Chief Minister, Penang
QUOTE:

"....Dear Guan Eng

I am a MALAY with a family of my own.

I shall remember you as a CHINESE father who fought for the rights of a Malay grand-mother and her sexually abused grand-daughter.

I know that when you decided to take on the case, you knew the price for your action would be heavy for you and your family, personally and politically.

Today, you are still paying the price. You languish alone in prison.

Ironically, as in Nelson Mandela's case, the longer they lock you up, the greater will be your stature, the more powerful the focus on the issues you fought for.

I also know that, all through this, you can look into the eyes of your wife, children and parents,and say, with deserved pride and honour, that "Guan Eng has not prostituted his dignity, decency and self-respect in the face of oppression and tyranny"......."
- Narmi Saila
Petaling Jaya, Selangor
(1998)

The following letter was published in the December 1998 issue of ALIRAN MONTHLY.

It was written by Narmi Saila from Petaling Jaya, Selangor addressed Lim Guan Eng when he was incarcerated in Sg Buloh prison by the Govt.

Dear Guan Eng,

As you languish in prison, I have had plenty of time to reflect on you and your idealism.

Rightly or wrongly, the Democratic Action Party has long tried to have a 'MALAYSIAN' character when the vast majority in the country still perceive it to be essentially a political party for the ethnic Chinese.

I realise that recently people like you have tried hard to attract Malaysians, especially Malays, to make the DAP truly Malaysian, but not too successfully, in my view.

Then came an explosive event- the Rahim Thamby Chik case- which made a lot of Malays sit up and change their perceptions of the DAP.

That case rocked MALAY society to its very foundation.

Your conduct and role in pursuit of truth in that scandal earned my deepest admiration. The series of events following that scandal, culminating in the judicial proceedings against you, have turned out to be a classic example of how a verdict in a ' court of law' has become subordinate to the ' court of public opinion'.

Ask any MALAY mother anywhere. Few would agree that the famous grandmother in that scandal should have been abandoned by UMNO, and the under-aged girl should have been so blatantly violated and her family silenced.

By your words and deeds, you challenged the government, police, media, and the judiciary, and exposed yourself to certain incarceration and vindictive punishment by Dr. Mahathir and the political elite.

I have always believed that God works in mysterious ways.Inexplicably, He chose you to put the DAP into sharp focus. He chose you to force Malaysians to look at themselves and reflect on the abuse of basic values in our society.

To that extent, God in His wisdom made the DAP no longer just a Chinese political party, but, overnight, into a truly Malaysian one which fights for the deprived.

I am a MALAY with a family of my own.

I shall remember you as a CHINESE father who fought for the rights of a MALAY grand-mother and her sexually abused grand-daughter.

I know that when you decided to take on the case, you knew the price for your action would be heavy for you and your family, personally and politically.

Today, you are still paying the price.

You languish alone in prison. Ironically, as in Nelson Mandela's case, the longer they lock you up, the greater will be your stature, the more powerful the focus on the issues you fought for.

I also know that, all through this, you can look into the eyes of your wife, children and parents,and say, with deserved pride and honour, that "Guan Eng has not prostituted his dignity, decency and self-respect in the face of oppression and tyranny".

You have truly given new meaning to the maxim, 'Politics With Honour'.

More importantly, you have made me look in the mirror and ask, 'Who Am I?

What have I done to speak out against the evil forces which confronted two Malay kampong women? Why have I remained silent? Have I lost my decency and self-respect?'

In all honesty, I cannot say I have the guts to look into the eyes of my family members and say I have done them proud. I have kept silent.

I owe it to you, Guan Eng, for opening my eyes and stirring my conscience.

Our inaction and apathy have allowed oppression, tyranny and injustice to continue. We have to search our hearts and souls to find ways to make up for our negligence and ineptitude.

To you, Guan Eng, I offer prayers from my family.

May the blessings of the Almighty continue to give you strength, courage and tenacity to do what is right and just for all Malaysians.

Yours Sincerely,

Narmi Saila
Petaling Jaya, Selangor

(This letter was published in the December 1998 issue of ALIRAN MONTHLY.)

BACKGROUND

Lim Guan Eng was arrested in 1994 after protesting the Attorney General's failure to bring State Minister Rahim Thamby Chik's statutory rape case to trial. Lim Guan Eng was convicted on sedition charges and served 12 months of an 18 month sentence.

On 8 March 2008, Lim contested in the Bagan parliamentary seat and Air Putih state seat in the 2008 General Election. He won the Bagan seat, defeated Song Choy Leng (BN) with a majority of 22,070 votes, and the Air Puteh seat beating Tan Yoke Cheng (BN) with a 4,061 vote margin.

He has sworn in as the Chief Minister of Penang on March 11, 2008.

AMNESTY INTERNATIONAL MEDIA STATEMENT 1st March 1997

Read here


MALAYSIA

The trial of opposition parliamentarian Lim Guan Eng

With the verdict on the trial of Malaysian parliamentarian Lim Guan Eng due to be delivered shortly, Amnesty International reiterates its concern that Lim Guan Eng could face up to six years in jail and be disqualified from Parliament.

Amnesty International considers that the charges against Lim Guan Eng were politically motivated, designed to intimidate dissenting voices and to limit debate on an issue of genuine public concern. Amnesty International believes that if convicted, Lim Guan Eng would be a prisoner of conscience imprisoned solely for the peaceful expression of his political views.

Lim Guan Eng, a member of parliament for Kota Melaka (Malacca) and Deputy Secretary General of the opposition Democratic Action Party (DAP), was charged in 1995 under the Sedition Act and the Printing Presses and Publications Act . His trial opened in January 1996 and concluded on 28 February 1997 at the Malacca High Court. Judge Datuk Mohd Noor Abdullah is expected to deliver his judgement on 28 April 1997.

Members of parliament who are jailed for a year, or who are fined more than RM2,000 (approximately US$780), automatically forfeit their parliamentary seats. In addition to Amnesty Internationals concern that Lim Guan Eng could be imprisoned, the organisation is also concerned that, if he is convicted, Lim Guan Engs constituents will be denied their elected representative simply because he spoke out on their behalf.

This is not the first time that Lim Guan Eng has faced imprisonment for the peaceful expression of his opinion. Along with his father, DAP leader Lim Kit Siang, he was detained without charge or trial under the Internal Security Act (ISA) from 1987 till 1989.

The charges

Malaysian police arrested and charged Lim Guan Eng after he publicly criticized the government's handling of allegations of statutory rape against the former Chief Minister of Malacca, Tan Sri Abdul Rahim Tamby Chik in 1994. In January 1995 Lim Guan Eng stated that 'double standards' were being applied in the statutory rape case. Attorney General Mohtar Abdullah had decided not to prosecute Rahim Tamby Chik, while the underaged alleged victim, a fifteen-year old Muslim schoolgirl, was placed under 'protective custody'.

On 28 February 1995 Lim Guan Eng was accused under Section 4(1) (b) of the Sedition Act of prompting 'disaffection with the administration of justice in Malaysia'. If found guilty he faces up to three years in jail, a RM5,000 (approximately US$1,960) fine or both. In addition, on 17 March 1995 Lim Guan Eng was charged under Section 8A (1) of the Printing Presses and Publications Act for 'maliciously printing' a pamphlet containing allegedly 'false information' specifically because he had used the term 'imprisoned victim' in reference to the alleged rape victim. This charge carries a jail term of three years, a fine not exceeding RM20,000 (approximately US$7,894) or both.

The trial

Lim Guan Eng's trial was lengthy in part because of legal deliberations over the standard of proof required in this and other criminal cases. His trial was suspended in March 1996 pending a general ruling, delivered by the Federal Court in July 1996, that the standard of proof required at the end of a prosecution's case, and before an accused is required to make his/her defence, was that of "beyond reasonable doubt" and not the previously upheld standard of "prima facie" - on the face of things - evidence.

However following the Federal Court's ruling Judge Datuk Mohd Noor Abdullah ruled that the prosecution had in fact proved both charges against Lim Guan Eng "beyond reasonable doubt" and that the defence had a case to answer. Regarding Lim Guan Eng's allegedly seditious verbal statements the judge ruled that the report of a single junior police officer, unsupported by an audio recording, constituted sufficient evidence to proceed. Regarding the charges of printing 'false information' the judge ruled that the prosecution had proved beyond reasonable doubt evidence suggesting that the phrase
'imprisoned victim' was false - apparently ignoring assertions that the statutory rape victim had been detained by police for ten days without parental consent.

BACKGROUND INFORMATION

The statutory rape case

Lim Guan Eng's statements in early 1995 reflected widespread public disquiet over the handling of the statutory rape case, and the fact that the victim and not the alleged perpetrator appeared to have been punished. Before Lim made his statements local newspapers and women's groups openly criticized Attorney General Mohtar Abdullah's public disclosure, in apparent violation of the Evidence Act, of the victim's sexual history when he announced in October 1994 that charges would not be pursued against Rahim Tamby Chik due to 'insufficient evidence' [1].

Criticism focused on the fact that the police appeared to have detained the girl for ten days before gaining her father's permission to place her in 'protective custody' in a home for 'wayward' girls for a period of three years. In November 1994 the daughter of Prime Minister Mahathir Mohamad, Marina Mahathir, described the authorities' treatment of the girl as appearing to be a 'mockery of justice' in comments published in an article.

Unresolved concerns over the Attorney Generals' handling of statutory rape case were rekindled during Lim Guan Eng's trial when the victim confirmed that she had indeed had a sexual relationship with Rahim Tamby Chik. It remained unclear why, whilst in police custody, the girl lodged police reports against other men with whom she admitted having a sexual relationship, but did not lodge a report against Rahim Tamby Chik - who was not charged or detained as is the usual practice in statutory rape cases. The other men involved, who admitted guilt, were brought to court and bound over for good behaviour.

Following the statutory rape allegations and unrelated charges of corruption Rahim Tamby Chik resigned all his official posts. In January 1996 the Supreme Council of the United Malays National Organisation (UMNO), the dominant party in the ruling National Front coalition, decided to reinstate him as UMNO Youth leader after Attorney General Mohtar dropped charges against him involving corrupt land deals. However, during UMNO national elections held in October 1996 party members voted Rahim Tamby Chik out as Youth leader.

Dissent and the use of restrictive legislation

The government continues to use an array of restrictive legislation, including the Sedition Act, the Printing Presses and Publications Act and the Internal Security Act (which allows for indefinite detention without charge or trial) for political purposes which far exceed the primary justifications put forward by their colonial originators - namely that these Acts served to preserve security and social stability at times of national emergency.

Although the UMNO-led ruling coalition maintains an overwhelming parliamentary majority and remains politically secure Prime Minister Mahathir's government asserts that Malaysias rapid economic growth and its racial and religious harmony can only be safeguarded if the government continues to uphold an authoritarian stance towards dissenting opinion.

Prime Minister Mahathir is also an advocate of so-called 'Asian values' that stress respect for authority, and the rights of the community above those of the individual.

Efforts by opposition politicians to carry out their duty to publicly question government actions, as well as attempts by Malaysian non-governmental organisations (NGOs) to comment on 'sensitive' social issues, risk the arbitrary exercise of Executive power - including prosecution and threats of imprisonment.

The sedition charges against Lim Guan Eng, apart from being an apparent move to silence a leading critic, appear to be part of an established government strategy of selectively using repressive laws in prominent cases to engender a wider public reluctance to criticize the authorities.

A similar intimidatory stance was reflected in December 1996 when the government threatened to use the ISA against those seeking to organise an NGO forum to discuss alleged abuses of police powers. Threatened with detention without charge or trial, the organizers suspended the forum indefinitely.

Members of the government and ruling coalition have also publicly criticised those regarded as dissenters after questioning their patriotism. In December 1996 Prime Minister Mahathir accused some Malaysian NGOs of acting in collaboration with foreigners to undermine the countrys international reputation and described them as 'traitors' and 'leftists'.

Similarly in November 1996 in a parliamentary speech a senior UMNO parliamentarian accused Lim Guan Eng of being a 'traitor' because he had allegedly referred his case to the Geneva-based Inter-Parliamentary Union (IPU) thereby 'damaging Malaysias international image'.

Within this context Amnesty International is concerned that Lim Guan Eng will once again be imprisoned and that he will lose his parliamentary seat.

WHAT YOU CAN DO:

Please send faxes/telegrams/express and airmail letters either in English or your own language:

* urging the Malaysian Government to do all within its power to ensure that Lim Guan Eng is not imprisoned for peacefully expressing his views as a parliamentarian;

* urging the Malaysian Government to ensure that those peacefully expressing their right to freedom of expression do so free from intimidation and the threat of imprisonment.

PLEASE SEND APPEALS TO:

Prime Minister
Dato Seri Dr Mahatir bin Mohamad
Prime Minister
Jalan DatoOnn
50502 Kuala Lumpur
MALAYSIA
Fax: +603 298 4172 Salutation: Dear Prime Minister

Attorney General
Datuk Mohtar Abdullah
Attorney Generals Chambers
Jabatan Peguam Negara Malaysia
Tingkat 20, Bangunan Bank Rakyat
Jalan Tangsi
50512 Kuala Lumpur
MALAYSIA
Fax: +603 293 2021 or + 603 298 4989 Salutation: Dear Attorney General

and to diplomatic representatives of Malaysia accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY


PROFILE: LIM GUAN ENG

Read here

Born in 8 December 1960, Lim Guan Eng, Member of Parliament for Bagan, State Assemblyman for Air Puteh.

He is the 4th Chief Minister of the State of Penang, he is also the Secretary-General of the Malaysian Democratic Action Party (DAP).

DAP completed a clean sweep of all 19 Penang state seats it contested in the 12th Malaysian General Election. He is married to Betty Chew Gek Cheng, State Assemblyperson for Kota Laksamana. They have four children.

Lim Guan Eng attended the La Salle Primary English School in Petaling Jaya and later the Batu Pahat Montfort Primary English School. For secondary education, he went to Batu Pahat High School and Malacca High School. He graduated from Monash University, Australia in Bachelor of Economics and was a qualified professional accountant by 1983. He was the president of MUISS (Monash University International Student Society).

Prior to joining politics he was a bank senior executive. In 1986, he was elected as MP for Kota Melaka, by defeating former Malaysian football captain Soh Chin Aun with a majority of 17,606 votes.

In October 1987 , he was detained in ‘Operation Lalang’ under the inhumane Internal Security Act(ISA) , he was released after 18 months on April 1989.

His political life becomes more active since then. He was elected as DAP Socialist Youth (DAPSY) chairman 1989 and 1992. He was re-elected as MP for Kota Melaka for a second and third term in 1990 and 1995 respectively. In 1995, he became DAP Deputy Secretary-General.

Lim was arrested by Malaysian police in 1994, following his criticism of the government’s handling of allegations of statutory rape of one of his constituents by former Chief Minister of the state of Melaka, Tan Sri Abdul Rahim Thamby Chik.

Consequently, while the Attorney General decided not to charge Rahim Thamby Chik, Lim was charged under Section 4(1) (b) of the Sedition Act 1948 for causing ‘disaffection with the administration of justice in Malaysia’.

Lim was also charged under Section 8A (1) of the Printing Presses and Publications Act 1984 for ‘maliciously’ printing a pamphlet containing allegedly ‘false information’ because he had described the alleged rape victim as an ‘imprisoned victim’ because she was initially detained by Malaysian police without parental consent for 10 days.

After a series of appeals, Lim was sentenced to 18 months imprisonment. He was, however, released after 12 months on August 25, 1999. Due to his incarceration he was disallowed from standing for election to public office for a period of 5 years, and he was therefore ineligible to contest in the 2004 Malaysian General Election.

In May 2004, Lim Guan Eng was elected as Secretary-General of DAP.

On 8 March 2008, Lim contested in the Bagan parliamentary seat and Air Putih state seat in the 2008 General Election. He won the Bagan seat, defeated Song Choy Leng (BN) with a majority of 22,070 votes, and the Air Puteh seat beating Tan Yoke Cheng (BN) with a 4,061 vote margin.

Lim garnered the second highest number of votes (620) from delegates at the party’s 15th National Congress on August 23rd, 2008. The result was a vindication of his leadership in leading DAP to its biggest electoral win in the 12th general election on March 8th, 2008.

He has sworn in as the Chief Minister of Penang on March 11, 2008. Since then, he has been initiating the system of governance based on the principles of ‘Competency, Accountability and Transparency’(CAT) and with a soul as one that adopts an ethical and moral leadership that professes and gives faith, hope and love.