Who guards the Guards?

Quis custidiet ipsos custodes?’

or

“Who guards the Guards????

By E S SHANKAR aka donplaypuks

July 30, 2008

 

There is a palpable trail of an important series of events that stretches across our planet. The strands of it have to be pulled together from hither and thither for us to understand the apocalyptic nature of an endemic Global debacle. The hydra-like tentacles of this plague spread out to just about every nation, from every tin-pot Latin-American dictatorship and from every dictator (some of whom claim to be of the benevolent species) pretending to lead Democratic nations of, by and for the People in Asia and Africa, to those who have replaced any pretensions to a secular polity with religious zealotry. And surprisingly too, it slime slakes its ooze across the very nations who claim to be the discoverers and sentinels of our inalienable human rights.

Unfortunately, the task is made difficult as it’s not quite paint by numbers, or connect the dots, and so the search and the odyssey is an arduous and onerous one. But it is there just the same. The vigilant and watchful can see it clear.

In the late 60’s, hundreds of millions in English speaking countries all over the world had their eyes glued to their tv sets, week in, week out, enthralled by that man on the run, ‘Dr. Richard Kimble, an innocent victim of blind justice!.’ Or as a wit at school, Victoria Institution, blurted out in a moment of inspiration ‘An innocent victim of QM Production.’ In hot pursuit of our favourite Fugitive, was that gaunt, crass, obdurate, crusty, obsessive Lieutenant Philip Gerard whom we all loved to hate; the cop who would possibly not have accepted Kimble’s innocence even if the one-armed killer had sworn on a stack of bibles and confessed in open court to murdering Kimble’s wife! In the 1993 movie version of ‘The Fugitive’ of course we had to have the new-age Tommy Lee Jones’ version of Lt. Gerard, that tough-as-nails, gaunt, crass, obdurate, crusty, obsessive, but caring dick who actually broke out into a smile in the end which reminded you of a grimacing Rottweiler just before it sank its fangs into your hind end. But nothing changes much; the new age dick was also three steps ahead of his minions, but always two behind Kimble.

In 1994 I was holed up in a hotel in NY while on a business trip there. Coincidentally, it was also the week of the FIFA World Cup Soccer Finals. As much as I am a rabid, fanatical Brazil supporter, what made that trip memorable was the live transmission on tv of the Symphonic Concerto No.2 ‘Flight of OJ Simpson in his Ford Bronco SUV.’ Later, OJ was found “not guilty???on the ground of reasonable doubt by a jury of his peers for the murder of his ex-wife Nicole and her friend, one Ronald Goldman. The jury comprised 10 women and 2 men, of whom 8 were black, 2 Hispanics, 1 Red Indian and 1 White. Public polls revealed that 65% % of whites believed OJ was guilty against 30% for blacks.

Three years later, OJ was found guilty of the wrongful deaths of Nicole and Goldman, and fined US$ 8.5 million, by another jury of his peers, this time comprising 6 men and 6 women, of whom 9 were white, 1 Hispanic, 1 Asian and 1 black/Hispanic! This was a civil trial where a lower standard of proof is apparently acceptable than at a criminal one and where the accused can, and was, compelled to testify.

Fast forward to June 2005. Michael Jackson was found “not guilty??? of all 10 charges of child molestation by a jury of 4 men and 8 women, none of them black! However, there have been several allegations of juror misconduct, including one where a juror’s lucrative book deal was aborted when the proverbial spanner was thrown into the works with MJ’s ‘not guilty’ verdict! Another juror confessed she felt MJ was guilty, but thought the prosecution had botched the case and so, she had voted against conviction.

Over 200 Year ago, in 1776, a group of 56 men crafted and signed one of, if not the most, important document in the history of the world, The American Declaration of Independence, which reads:

‘When in the Course of human events it becomes necessar for one people to dissolve the political bands which have connected them with another……..

We hold these truths to be self-evident, that all men (and women of course) are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness.

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.’

Of course King George of Britain and Loius VI of France did not rush forth to stamp their seal of approval on these new-fangled theories of ‘a Government of The People.’ The cheek of it. Let them eat cake! Neither did such enlightened idealistic humanity in the USA abolish slavery for over a hundred years or grant equal rights to blacks in their own country in practice till well into the 20^th Century. In complete contravention of the Bill of Rights, the principle of equality conferred by citizenship was tossed out of the windows of the Supreme Court, when American Japanese were ordered to be sequestered in anticipation of the confrontation with Japan during World War II.

Post 9/11, we have the Patriots Act, Prevention of Terrorism Act, Gitmo and illegal detentions, all of which clearly have no legal foundation or basis in the laws of the lands of the champions of democracy. The law extending remand without charge to 42 days was just passed in London. Not that pre-9/11 did not have its fair share of assaults on civil liberties and internatonal laws. In 1973. Chile President Salvador Allende was overthrown in a CIA-backed plot, while Noreiga was kidnapped from Panama to stand trial in USA.

In Singapore, Chia Thye Poh lost his freedom for 32 years between 1966 -1997, when he was arrested under the Internal Security Act (ISA). But during all those long, long years of wintry discontent, he was not charged with a single offence or brought to trial, making him the longest-serving prisoner-of-conscience in the history of Mankind. It ranks right up there with Nelson Manedela’s 27-year incarceration (1964 -1990) in Robben Island as among the most heroic of stands by individuals against the concerted onslaught of brutal, dictatorial regimes out to impose their will at all and any costs, on the masses. Burma has its own with the home arrest of Aung San Suu Kyi.

And we are no exception to these now almost daily assaults on constitutionally and lawfully enshrined guarantees on civil, other legal and human rights issues. The recent recommendations of the Royal Commission of Inquiry (RCI) into the Lingam tapes suggests a frightening systematic dismantling of the independence of our Judiciary over the last 20 years, by possibly an unholy collusion between the Executive branch of Government and Big Business, in particular those owned by so-called cronies. It goes so far as to suggest a former CJ may have lied and have been possibly involved in corrupt acts, and that the appointment of CJ’s and judges to senior positions in the Judicial hierarchy may have been manipulated by ‘invisible hands’, securing the promotion of many inept and junior judges and magistrates, over the heads of their more competent and senior colleagues.

This much was also perceived by the general public and the legal fraternity from peculiar decisions delivered in our courts in a number of prominent cases, such as the Boonsak land-transfer fraud and the Insas ex-parte hearing. The tone of the Executive had already been heard by the sacking of the then CJ, Tun Salleh Abas by a Commonwealth Tribunal, in 1988, for purported abuse of power and disrespect to the Royalty. In direct contravention of the principles of the Separation of Powers and the independence of the Judiciary, the ex-PM who had recommended the Tribunal, had at first summoned the CJ to his office and there demanded his resignation, forthwith.

An ex-PM rails with customary acerbity about being unfairly hung out to dry by the RCI on mere hint of ‘possibilities’. Forgetting (selectively, we hear as of late) in the process, that in 1987, he himself had ordered 106 citizens be hauled off to Kamunting Prison by the drag-nets of the infamous ‘Ops Lallang’ and the ISA, without charge or trial. The leader of the opposition, Lim Kit Siang, and his No.2, Karpal Singh, were only released after 2 years. They were imprisoned on the perceived judgement of the ex-PM that they may have contributed to ‘possible’ racial tension and of ‘possible’ fomenting of racial riots!

Endemic perception of corruption in the Police prompted the appointment of the Royal Police Commission which in 2005 recommended, among other things, that an Independent Police Complaints and Misconduct Commission (IPCMC) be established. An immediate response from the Inspector General of Police/ Police was their publication of ten reasons why the IPCMC was not needed. The IPCMC has not been set up till today, which is sure as if the IGP had stood on the roof of Parliament House, stuck two fingers in the air and said ‘I will not be the one to hang my own officers.’

Among the arguments put forward by the Police was that they should not be singled out for independent control, given that corruption was prevalent in other government departments such as Road Transport and Customs & Excise as well!! And there we have it! Is it not the duty of the Police to ferret out these criminal elements from the corridors and labyrinths of Government.

But the ACA is not without its own problems. It had once recommended prosecution of a Minister, only to have it put in cold storage by an ex-PM. This same ex-PM himself was accused, of interfering in another police investigation over a huge wad of unaccounted for cash found in the office desk-drawer of a former Governor of Bank Negara, by a senior investigating police officer, in testimony in open court!

This region is (in)famous for the arbitrary usage of the draconian ISA, Official Secrets Act (OSA), Rural Banishment Order, The Printing Presses and Publications Act (PPPA with mandatory licensing requirements), multiple defamation law suits and invoking of globally applicable Mareva Injunctions. The principal aim of the Establishment is not only to stifle legitimate public dissent over ill-conceived profligate Government spending and promotion of billion ringgit White Elephant development projects; it is also to prevent corruption from being unearthed and to cover up shoddy investigative procedures and incompetency among the purported sentinels and guardians of our democratic nations. Not to mention keeping the same Leaders in power for 20 or 30 years at a stretch.

When all else fails, and just when you think you might finally cast your vote elsewhere, you will be warned by the full machinery of the State to ‘Vote wisely, you do not want something untoward to happen do you. Remember 1969?’ Not two days ago, Robert Mugabe, that fanatical guardian of all things Democratic, having been defeated at the elections, remarkably engineered another Presidential run-off. He warned Zimbabwians that if necessary ‘we are prepared to go to war to defend our hard earned freedom.’

Wherever our gaze falls, Justice is in Crisis!

This is the woven tapestry we assemble when we pull together all the loose strands that lie carelessly strewn across the length and breadth of our five continents, the forests, oceans, the skies and even beyond.

It is the one-armed killer, the rigged jury, the White, Yellow, Black & Brown Supremacist, the benevolent as well as the murderous dictator and his big-business croney, the crooked cop, the thieving Minister, the Taliban & Al Qaeda extremist who all seem to be in control, have the upper hand and who seem to triumph alarmingly, time after time against the ordinary little man and woman.

Who do we turn to when our Judges, Police, ACA, Ministers and Great Leader all fail in their duty of care in the excerise of their ‘just powers derived from the consent of the governed?’ Where do we run to for their oversight? Is it so easy to change the Government?

It was Plato who first raised the question of ‘Quis custidiet ipsos custodes?’ or ‘Who guards the Guards’ 2,300 years ago in Athens, Greece. Athens, and Greece with its city states, are proudly held up by all as the birth-place of Democracy. Mind you, when you dissect the ‘Republic’ you will find Plato’s ideal state, and Aristotle’s as well, remarkably like a modern tyrannical, oligarchic Communist state!

I have, in my private musing, often wondered that there is no such thing as a half pregnant woman (either she is or she isn’t), there can be no such thing as a half or quarter Democracy. Dr. Mahathir is of course right in that East of Greece, no country has understood or attempted to practice Democracy for well nigh 5,000 years. Certainly not China, India, Russia, Africa, Japan, Iran or Iraq who for the better part of their histories remained disparate kingdoms within their borders, and were ruled by self-appointed Kings who claimed divine right to their thrones.The facades erected like so many across the capitals of Asia, are just that. Facades. Meant to attract Foreign Direct Investments. Tokenisms. To Hyde Park, Westminster and The White House.

The real poblem is that the law, like Taxation, has become too complicated. A modern business entity can no more hope to file its own tax returns as any person could of filing his own writ and defending himself in court. This has become the preserve of legal experts. No doubt, John Grisham’s legal thrillers might plant the kernel of a seed in your desperate mind, that out there are Multi-National legal firms just champing at the bits to do pro bono work for you, the butcher, the baker and the candle-stick maker. Or that the off-the wagon crusty but God-like wise in a way your grandmother could never have been, Alcoholics Anonymous reformed Perry Mason, sole practitioner and reformist, is waiting to ride in on a white stallion and do one last battle against the Sith Jedi forces to secure billions of $ in compensation for you and the poor, the weak and the wounded from a Class Action law suit! Well, if you are prone to such dreams, please divest yourself NOW of such illusion, and get back into the REAL WORLD!

In days of yore, taxes were only raised to assist and make reparations to Kings to finances their wars. Imagine the burden on the farmers for the 100 years War! Modern Taxation is another beast that is actually founded on some very basic principles:-

We all know that 2,3, & especially 4, have failed miserably and as for 4, it is all gobbledygook anyway. Even those who draft bills very often have no idea what the published versions of tax laws means in practice. So, millions more are spent on Inland Revenue Interpretations & Advance Rulings, Special Commissions and Tribunals to resolve disputes. The same applies to our State and National Laws. So, we have laws that few understand. That is so even of qualified lawyers, magistrates, judges and chief justices, some of whom are known to have ‘farmed out’ to others to get their judgements written for them.

There are two main reasons for this quandry we find ourselves in. We are at a cross-roads and need to understand why we are, where we are. How did we arrive to be in this pathetic state when we are one of the few nations on God’s earth with a quintuple cushion to our Economy – Oil, Commodities, Fair Weather, Strategic Location between East and West and a once united bi-lingual, multi-racial, multi-ethnic, multi-religious People?

The first is the indiscriminate implementation of the New Economic Policy (NEP), especially after 1980. Doctrinaire politics!

This has resulted in the lowering of educational standards to such a degree that many who would once have been hard pushed to secure jobs as clerks, today sit in the higher echelons of the civil service, judiciary, police, schools, universities and cushy sinecure posts as Chairman and Corporate Captains with absolute no insecurity as regards tenure of office or having to measure up to internationally acceptable performance standards. We foreswore MERITOCRACY to spite our own faces! And this has encouraged legions of mediocrity and endemic corruption resulting from a home-grown breed of rent seekers and Mr. 10percenters. From here, to acceptance of corruption as an inevitable way of life, is but a single, logical step.

The second reason for our failure is that we did not realise that WE ARE THE ONES WHO SHALL GUARD THE GUARDS. Yes, you, me, we and us. THE PEOPLE.

We did not read the American Declaration of Independence carefully. We did not realise that Kings and Prime Ministers derive their just powers to govern from the legitmacy granted by The People. Us! Why else do we have General Elections?

We almost forgot, until General Elections 2008.

From the inner recesses of the deep reserves that God has blessed each and everyone of us with, we dredged up the courage to vote according to our convictions.

We now know that Prime Ministers and Governments, if they do not do their jobs well, can and must be booted out by the seat of their pants. They shall rule only by our consent, the cornertsone of which shall be MERITOCRACY!

We have yet another General Election to look forward, to do battle. And we must make sure that the Demagogues, the self-appointed and Benevolent Dictators, the Doctrinaire Politicians, the Race Supremacists, the Looters, the Rent Seekers and the Mr. 10percenters shall never endure.

Never again!

Blogger E S SHANKAR enjoys writing “satire???, and has a passion for history and is in the final stages of publishing his first book entitled “Malaysian Origins – a brief history of the peoples of Malaysia???. More of his writings can be found at his personal blog at donplaypuks.blogspot.com.