Tuesday, December 02, 2025

Place MACC under EAIC - Investigate the Arrest of Albert Tei, Investigate Allegations of Whistleblowers - No retaliatory action against Albert, Bloomberg...(Media Statement - 2/12/2025)

 

Media Statement – 2/12/2025

Malaysian Anti-Corruption Commission (MACC) must be placed under Enforcement Agency Integrity Commission (EAIC), who can INDEPENDENTLY receive complaints, investigate allegations of wrongdoings of MACC and its officers

Independence of MACC requires removal of PM’s powers to appoint Chief and Commissioners of MACC, Security of Tenure,..

MADPET (Malaysians Against Death Penalty and Torture) is appalled by the response of Malaysian Anti-Corruption Commission (MACC) to the highlighting of alleged wrongdoings/crimes and the manner in which businessman and whistleblower Albert Tei Jiann Cheing was arrested by the Malaysian Anti-Corruption Commission (MACC) as reported in media reports.

He[Albert Tei] was arrested after "masked officers" forced their way into his home…. Tei was later escorted out of the house in handcuffs and surrounded by armed personnel wearing balaclavas…"I was denied entry and prevented from meeting my client despite identifying myself as counsel. "No officers had identified themselves….” he [His lawyer Zaid Malek] said in a statement on Friday (Nov 28). “I do not even know for sure if they are police or MACC officers," {Star, 28/11/2025)

Businessperson Albert Tei’s wife alleged that MACC officers were heavy-handed when raiding her home today, with the officers pointing a gun at the former before handcuffing him…“Soon, he was instructed to lie on the floor, and a few officers handcuffed him, with one pointing a gun at Tei from a distance,” Lee told Malaysiakini….Subsequently, she claimed that the officers confiscated their mobile phones, including the children’s, purportedly to delete videos and images from the devices.(Malaysiakini, 28/11/2025)

In response to Zaid asking if he was being arrested, Tei said, "They broke into my house, broke down my door, (pointed) six pistols at my head. "Six pistols at my head, as if I were a terrorist! That is the consequence of exposing leaders at the top."… “Not a single MACC or police officer showed me their authority card. “I asked them repeatedly where (Tei) was being taken to, and not a single officer informed me (of the details),” he stated. .(Malaysiakini, 28/11/2025)

Lawyers for Albert Tei have condemned the Malaysian Anti-Corruption Commission (MACC) after its officers removed a CCTV decoder and deleted the contents of mobile phones belonging to the businessman's family members, shortly before masked gunmen from the agency took him away to an undisclosed location today.(MalaysiaNow, 28/11/2025)

The manner of arrest raises questions about legality, and also whether it was too ‘extreme’ possibly with  sending the message to the public at large of what may happen to any who dare raise allegations of wrongdoing about the Prime Minister, MACC Chief and/or the MACC. Was there any similar method used in the past when MACC arrested a suspect?

Arrest, Balaclava and Failure to Identify despite being asked

The manner in which the arrest was carried out, by these UNIDENTIFIED allegedly officers of MACC wearing ‘balaclava’, using an unmarked vehicle is a blatant violation of the law and is something law enforcement officers must never do. The law is most clear that MACC officers must identify themselves.

Section 8 of the Malaysian Anti-Corruption Commission Act 2009 - Every officer and junior officer of the Commission when acting under this Act shall, on demand, declare his office and produce to the person against whom he is acting or from whom he seeks any information the authority card issued to him under this Act. This should apply to the lawyers of person being arrested too.

All police and law enforcement officers must TRANSPARENTLY carry out their official duties, meaning they must be wearing their official uniforms, identify themselves (name, rank and show their authority card) for to hide their identity raises serious doubts as to whether they are really police or law enforcement officers or some ‘gangsters’ pretending to be law enforcement.

The inability to identify clearly the officer/s involved is also prejudicial to victims who will not even be able to identify in court the ‘officer’ who may have broken the law and/or violated their rights, including torture or worse.

This is in contradiction also in the policy of installing CCTVs and body cams on law enforcement officers, to ensure that law enforcement officers strictly comply with the law, and do not ‘bend’ or violate the law. If MACC did not later acknowledge the arrest, we would still be at a loss as to who were these unidentifiable gang that arrested Albert Tei, and if Albert Tei disappeared, we would be faced with yet another case of ‘enforced disappearance’.

ARREST and NO Violence if the suspect submits to being arrested

When the police or in this case, MACC officers come to arrest a person – there should be no use of force if the person who is to be arrested agrees to be arrested. And, if the person who is to be arrested resist, then only reasonable force – using of guns when a person is not even armed with a stick may be unreasonable.

Section 15 Criminal Procedure Code is most clear ‘(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there is a submission to the custody by word or action. (2) If such person forcibly resists the endeavour to arrest him or attempt to evade the arrest such officer or other person may use all means necessary to effect the arrest...’

In the case of Albert Tei, a recognized ‘whistleblower’, a mere summons to come to the MACC for the purpose of investigation would reasonably suffice – was there really any need for such a raid, using ‘balaclava’ to prevent identification, the refusal to show their authority card, alleged use of guns and non-provision of cooperation/information to the lawyers of the suspect?

It becomes most difficult now for even witnesses, including the lawyers, to clearly identify any of these alleged officers if they broke the law.

Access to Lawyers

Article 5(3) of the Federal Constitution states, that ‘Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.’

In this case, the lawyer was present when he was being arrested and when the police were searching the premises, thus the police need to corporate with lawyers, explaining also the grounds of arrest, showing the arrest warrant and search warrant, and also providing the lawyers a copy of all items that were taken by the MACC officers. On request by the lawyer, as to where the suspect is being taken, the MACC officers must inform the lawyers. After all, it is established in Malaysia, that the arrestee and/or suspect should never be questioned or asked to sign any document without first being able to consult with his legal practitioner of his choice. In the case of Albert Tei, he has lawyers, amongst others Zaid Malek and Mahajoth Singh.

The purpose of a search and seizure is to obtain and preserve evidence not destroy evidence, and it is crucial that lawyer, who was reported to be present at the scene, should have not just been provided with a full list of evidence found and taken from Albert Tei, but also be allowed to confirm the evidence actually seized.

Law Enforcement Should Protect Evidence, never destroy evidence.

MADPET is extremely concerned about the allegation that phones of the wife and children were seized at the scene, ‘…purportedly to delete videos and images from the devices…’, and so to were CCTV decoders. These are material evidence of also possible ‘wrongdoings’ of MACC officers during the arrest and seizure.

It is noted that the Malaysian Anti-Corruption Commission (MACC) has denied claims of misconduct during the arrest of businessman Albert Tei on Friday, including allegations that officers pointed a gun at him, and have also made a police report to investigate what the MACC called false claims and stop the spread of inaccurate information. (Edge, 28/11/2025)

What is the basis of MACC’s denial of misconduct – were there any investigations? Were CCTV and body-cam recordings scrutinized? Was the one’s who highlighted alleged misconduct even called in to consider his/her evidence.

From the media reports, it seems that MACC or its Chief Commissioner’s Azam Baki’s conclusions that MACC did no wrong may be premature, and possibly biased by the belief that its own officers will do no wrong. Such allegations must be independently investigated, not by MACC, being the alleged ‘perpetrator’, but maybe the Malaysian Human Rights Commission (SUHAKAM).

MADPET also calls for the MACC to be listed NOW as one of the Agencies under supervision of Enforcement Agency Integrity Commission (EAIC).

PM’s Role In Choosing MACC Chief Commissioner and Commissioners Must be Removed

Noting, the Prime Minister is empowered to choose the Chief Commissioner, as  stated in Section 5(1) Malaysian Anti-Corruption Commission Act 2009, which states that ‘the Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Chief Commissioner of the Malaysian Anti-Corruption Commission for such period and on such terms and conditions as may be specified in the instrument of appointment.’, and the fact that during the premiership of Anwar Ibrahim, Azam Baki is now enjoying the third extension of tenure as the MACC chief commissioner, which will end on 12/5/2026, where Azam may be re-appointed again.

Did this fact impact on the independence and professionalism of the Chief Commissioner of MACC more so when the allegations implicate PM Anwar Ibrahim himself, directly or indirectly? Would MACC Chief be concerned about his potential renewal of contract as MACC Chief when there is an allegation implicating the Prime Minister and/or his MADANI government?

One notes that in this case, where the Prime Minister has been directly implicated as the allegations is not about just any politician or Minister, but the PM’s own political secretary. Further, in this case, there was also allegedly a video where allegations that ‘it was Shamsul and Anwar's idea that Tei secretly record his conversations with various Sabah politicians, adding that Shamsul had also spoken to Azam about the plan.’ (Malaysia Now, 28/11/2025). This was in relations to earlier released ‘explosive videos implicating Sabah Chief Minister and GRS chairman Hajiji Noor and 14 ruling politicians in corrupt practices – revealed that he had spent almost RM630,000 on Anwar's political secretary, Shamsul Iskandar Mohd Akin, in the hope that the latter would help him negotiate with Hajiji to recover the money he paid to several GRS politicians.’

This is a serious matter, as it suggests that said Albert Tei’s action of gathering evidence on ‘corrupt’ Sabah politicians were allegedly with the ‘knowledge’ or ‘blessings’ of Anwar and the MACC chief. Was this legal or illegal ‘entrapment’ to weed out the corrupt, or was it for some other purpose? Is this Anwar Ibrahim being serious about weeding out corruption at all levels?

Protection of Whistleblowers – Not Retaliation by MACC

MADPET believes that whistleblowers, human rights defenders and people who want expose wrongdoings, corruption, abuse of power, injustices, violation of rights and crimes need to be encouraged and protected from any retaliatory actions.

However, the recent action of making of a police report by MACC on making false statements/allegations in this case – even before the allegations are first properly investigated has a tendency of DETERING whistleblowers from exposing alleged wrongdoings especially of the Prime Minister or MACC itself.

It was just reported that that ‘no further action’ will be taken on Bloomberg, who in September 2024, published a report, quoting sources, that implicated Prime Minister Anwar Ibrahim and MACC chief commissioner Azam Baki in “concerted abuse of investigative powers” concerning supposedly targeted probes by the graftbusters… Bloomberg’s report also claimed that Anwar had ordered Azam not to investigate the prime minister’s former aide, Farhash Wafa Salvador Rizal Mubarak, over the latter’s purchase of shares in HeiTech Padu Bhd. (Malaysiakini, 5/11/2025)

REFORMS needed to protect INDEPENDENCE of MACC

MADPET verily believes that there is a need for REFORM that will safeguard the independence of the MACC and all law enforcement Commissions and agencies, whereby the Prime Minister’s role in appointment must be removed. Further, there is a need for Security of Tenure, being the appointment shall be for period that ends only with Retirement Age, and there should be no possibility of extension of tenure to safeguard the INDEPENDENCE of law enforcement and the administration of criminal justice in Malaysia. Now, there is no security of tenure, as the law just says ‘for such period and on such terms and conditions’ which is vague, and this can also gives the power to the Prime Minister to be able to remove the MACC Chief anytime, possibly even when MACC starts to investigate the Prime Minister himself.

MADPET urges for an independent investigation to be made to verify how the arrest was made. Did the MACC officers wear balaclava, failed to ‘declare his office and produce to the person against whom he is acting or from whom he seeks any information the authority card issued to him under this Act’ and other alleged wrongdoing. It is ODD that no media report discloses even provides the name of the arresting officers, or the investigating officers. It is hoped that the arresting officers had body-cams and CCTV on their vehicles which would be evidence to prove that it was all done according to law.

The public will not be alright with the idea of MACC itself investigating allegations of wrongdoings of MACC or its officers. MACC, at present, is not under the EAIC, and thus MADPET calls for the MACC to be listed NOW as one of the Agencies under supervision of Enforcement Agency Integrity Commission (EAIC), thus allowing complaints about MACC and/or its officers to be lodged at the EAIC, who can INDEPENDENTLY investigate/inquire into such complaints and make a determination. The allegations highlighted by Albert Tei, and even Bloomberg before, seems to have just resulted in criminal investigations against the whistleblowers, and it seems that NO investigations were done on the alleged wrongdoings that implicated the Prime Minister, the MACC Chief Azam Baki and/or MACC or its officers. PM Anwar Ibrahim who was implicated in Albert Tei’s allegations have yet to be called in for investigations.

 

Charles Hector

For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)

 

Albert Tei arrested after 'unidentified' officers in masks raid home


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By FARIK ZOLKEPLI
  • Nation
  • Friday, 28 Nov 2025

KUALA LUMPUR: Businessman Albert Tei is believed to have been detained after "masked officers" forced their way into his home.

His lawyer Zaid Malek said he arrived at his client’s residence to find officers forcing their way into the home before arresting and handcuffing Tei.

"I was denied entry and prevented from meeting my client despite identifying myself as counsel.

"No officers had identified themselves. Their failure to do so was high-handed and unlawful,” he said in a statement on Friday (Nov 28).

He alleged that officers only spoke to him after he took photographs of the incident, and that they “illegally” demanded access to his phone to view the images.

According to Zaid, Tei was later escorted out of the house in handcuffs and surrounded by armed personnel wearing balaclavas.

“It was as if they were arresting a terrorist.

“I do not even know for sure if they are police or MACC officers," he said.

Zaid described the events as a breach of Tei’s constitutional rights, claiming that due process had been ignored and his client’s right to legal counsel denied.

He also questioned why action was being taken against a whistleblower rather than the individual Tei had reportedly provided information about — the Prime Minister’s former political secretary, Datuk Seri Shamsul Iskandar Mohd Akin.

As of press time, the MACC has not issued a statement regarding the arrest or the allegations raised by Zaid. - Star, 28/11/2025

'What are you trying to hide?' MACC slammed for removing CCTV, erasing phones after breaking into Tei's home

The wife of businessman Albert Tei says her recording of the conduct of armed and masked officers inside their house was also deleted.

MalaysiaNow
Lee Pei Rie, the wife of Albert Tei, flanked by lawyers Zaid Malek and Mahajoth Singh, hours after armed and masked MACC officers took away her husband.

Lawyers for Albert Tei have condemned the Malaysian Anti-Corruption Commission (MACC) after its officers removed a CCTV decoder and deleted the contents of mobile phones belonging to the businessman's family members, shortly before masked gunmen from the agency took him away to an undisclosed location today.

This follows a police report lodged by Tei's wife, Lee Pei Rie, hours after about a dozen officers broke into their home.

Lee said she was recording the officers inside her home when she found her husband being forced to lie on the ground, surrounded by a group of armed men.

She said one of them then pointed a gun at her and forced her to surrender her phone.

"The phone was handed over to a Malay woman who forced me to unlock it, and then she deleted the video I had recorded," she said in her report.

Also read:

Lee said her mother, her two children aged 13 and 10, a 12-year-old niece, and her maid were also told to unlock their phones and leave them on a table.

"We were all forced to give access to the phones found in my house, including my phone and the phones belonging to my mother, my children, my niece and my maid," she said in the report lodged with Petaling Jaya police.

Lawyers Mahajoth Singh and Zaid Malek, who accompanied Lee, said the action amounted to destroying crucial evidence regarding the conduct of the officers.

"There is a CCTV directly pointing to the living room when all this transpired. So there would have been a recording that would show whether or not guns were pointed at him and his wife. The evidence was taken by MACC. Obviously, they are trying to hide something," Zaid told MalaysiaNow when contacted.

The dramatic events today unfolded as Prime Minister Anwar Ibrahim faces his greatest challenge following Tei's shocking exposé this week of high-level corruption involving the top office.

On Tuesday, Tei – the man behind explosive videos implicating Sabah Chief Minister and GRS chairman Hajiji Noor and 14 ruling politicians in corrupt practices – revealed that he had spent almost RM630,000 on Anwar's political secretary, Shamsul Iskandar Mohd Akin, in the hope that the latter would help him negotiate with Hajiji to recover the money he paid to several GRS politicians.

Shamsul has since resigned.

Tei showed proof that he paid for renovations, luxury gifts, tailored suits, appliances, furnishings for two properties, as well as cash totalling about RM350,000 for Shamsul.

He also released secretly recorded video of a conversation last week with a woman identified as Shamsul's proxy, who has since identified herself as Sofia Rini Buyong.

In the video, Sofia agreed with Tei's suggestion that the money and gifts he spent on Shamsul were in exchange for help in speaking to Hajiji to recover monies paid to ruling Sabah politicians.

Sofia said it was Shamsul and Anwar's idea that Tei secretly record his conversations with various Sabah politicians, adding that Shamsul had also spoken to Azam about the plan.

She later denied everything she was heard agreeing with Tei, adding that it was a conspiracy to undermine the government.

Both Shamsul and Sofia are also currently in MACC's custody. -Malaysia Now, 28/11/2025

 

MACC denies misconduct in arrest of Albert Tei, files police report
28 Nov 2025, 04:33 pmUpdated - 05:47 pm
main news image

KUALA LUMPUR (Nov 28): The Malaysian Anti-Corruption Commission (MACC) has denied claims of misconduct during the arrest of businessman Albert Tei on Friday, including allegations that officers pointed a gun at him.

In a statement, it said a police report has been filed to investigate what the MACC called false claims and stop the spread of inaccurate information.

"A police report was lodged today to enable the relevant authorities to investigate the defamatory allegations made against the MACC officer involved," the MACC said

"The police report is also to ensure that no parties spread any unverified information that may be intended to disrupt the investigation being carried out by the MACC,” it added.
 
The commission stressed that the arrest at Tei’s home was conducted “according to procedures”, rejecting assertions made earlier by Tei’s lawyer, Zaid Malek, that officers acted in a “high-handed and unlawful” manner.

Zaid had alleged that officers forced their way into the Puchong residence, denied Tei access to legal counsel, refused to identify themselves, and attempted to seize his mobile phone when he began documenting the incident.

He further claimed that Tei was escorted out “as if they were arresting a terrorist”, surrounded by armed personnel wearing balaclavas, and that the arresting team did not disclose whether they were police or MACC officers. Several clips of the arrest have since circulated across social media platforms.

However, Malaysiakini quoted another lawyer for Tei, Mahajoth Singh, as saying the MACC team had a warrant to conduct the raid. - Edge, 28/11/2025

NFA: AGC closes case on Bloomberg report alleging PM meddled in MACC
Published:  Nov 5, 2025 12:27 PM
Updated: 12:33 PM

The Attorney-General’s Chambers (AGC) has classified the police probe into a Bloomberg report last year alleging the prime minister had interfered in MACC affairs as “no further action” (NFA).

Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina Othman Said said the NFA directive from the AGC came after it determined that there was “insufficient evidence” to pursue charges.

“However, criminal cases, unlike civil cases, are not subject to a limitation period,” Azalina said in a written parliamentary reply yesterday in response to a query from PAS’ Besut MP Che Zulkifly Jusoh, referring to defamation under Section 499 of the Penal Code.

“Therefore, should there be any new developments in the future, further investigation and review of this case may still be carried out,” she added.

The minister noted that the police investigation paper was submitted to the AGC for further action following a report lodged by the MACC with the police.

Media Council

Azalina also said that the matter of such reporting can be referred to the Malaysian Media Council.

“The Malaysian Media Council Act 2025 was passed by Parliament and came into force on June 14.

“Therefore, any issues related to media reporting, including journalistic ethics, can be referred to the council as a monitoring body tasked with strengthening professionalism and accountability within the media industry in our country,” she added.

She further reiterated assurances that while the government remains determined to defend the public’s right to freedom of speech, as enshrined in the Federal Constitution, the right is not absolute.

Bloomberg report

In September last year, Bloomberg published a report, quoting sources, that implicated Prime Minister Anwar Ibrahim and MACC chief commissioner Azam Baki in “concerted abuse of investigative powers” concerning supposedly targeted probes by the graftbusters.

PM Anwar Ibrahim and MACC chief Azam Baki

The alleged political persecution was said to be focused on former finance minister Daim Zainuddin, whose widow, Na’imah Abdul Khalid, had lodged a police report against Anwar over the claims.

However, the police and the AGC have since classified Na’imah’s report as also NFA.

Bloomberg’s report also claimed that Anwar had ordered Azam not to investigate the prime minister’s former aide, Farhash Wafa Salvador Rizal Mubarak, over the latter’s purchase of shares in HeiTech Padu Bhd.

The technology services provider is linked to the development of the government’s RM1 billion immigration system. - Malaysiakini, 5/11/2025

 

Saturday, November 29, 2025

Malaysia Must Withdraw Government SLAPP action against HRD Murray Hunter in Thailand’s Criminal Court Thailand must refuse to allow its criminal courts to be used for SLAPP ...(44 Groups Joint Statement)

Joint Media Statement -30/11/2025

Malaysia Must Withdraw Government SLAPP action against HRD Murray Hunter in Thailand’s Criminal Court

Thailand must refuse to allow its criminal courts to be used for SLAPP actions by anyone, even fellow ASEAN member States

We, the 44 undersigned groups and organizations call upon the Malaysian Prime Minister Anwar Ibrahim, Communication Minister Fahmi Fadzil and the Malaysian government of Malaysia to forthwith withdraw the  SLAPP (Strategic Lawsuit Against Public Participation) criminal complaint and case against Human Rights Defender(HRD) and social commentator Murray Hunter, that was lodged in Thailand by the Malaysian Communications and Multimedia Commission(MCMC), a government entity, that has now resulted in Murray Hunter being charged and indicted for criminal defamation in the Thailand Criminal Courts.(Star,3/10/2025).

Murray is now facing a criminal charge of defamation under Section 328 (defamation by publication) of the Thai Criminal Code, where if he is found guilty, he shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand Baht or to both. By reason of this charge, he, who was arrested on 29/9/2025, and after a night in jail he was freed on bail of 20,000 baht, his passport was confiscated and he is not allowed to leave Bangkok pending the outcome of legal proceedings.(Bangkok Post, 18/11/2025)

Murray was indicted on 17/11/2025 for 4 charges of publishing four articles on his Substack blog about the MCMC, which means he is liable for a maximum of 8 years imprisonment and a fine of 800,000 Baht (about USD25,000) if convicted. The trial is now fixed to begin on 22/12/2025 after being indicted on a charge of defaming the Malaysian.(Bangkok Post, 18/11/2025) (THLR Website)

Use of SLAPP action by any Government is UNACCEPTABLE

It is shocking that this SLAPP (Strategic Lawsuit Against Public Participation) against a HRD, which are usually used by alleged perpetrators that are private corporations and powerful individuals, is shockingly now used by a State - the Malaysian government, via the MCMC.

A SLAPP (Strategic Lawsuit Against Public Participation) is the use of lawsuits (criminal or civil suits) filed to silence individuals or groups who speak out on issues of public importance. These lawsuits can be brought by various entities, including governments or government-affiliated bodies, to intimidate and financially drain critics, journalists, activists, and public officials – and also to DETER other HRDs from highlighting wrongs in the future.

‘In international law, States assume the duties to respect, to protect and to fulfil human rights. Under those obligations, States shall not only refrain from engaging in abusive lawsuits, but also take positive measures to ensure that third parties do not use SLAPPs as tools to silence those exerting legitimately their rights to freedom of opinion and expression as well as freedom of peaceful assembly and association.’ - UN Human Rights Office of the High Commissioner’s report entitled The impact of SLAPPs on human rights & how to respond

Some countries have recently rightly moved towards enacting anti-SLAPP laws, which have been adopted in common law, civil law and mixed legal systems, including the United States, Canada, Australia, Indonesia, the Philippines and Thailand.

In Thailand, ‘the Royal Thai Government Gazette has officially published the Organic Act on Anti-Corruption (No. 2), B.E. 2568 (2025), with the primary aim of strengthening protections for whistleblowers and fostering greater public participation in the fight against corruption. The law now explicitly incorporates Anti-SLAPP principles, shielding individuals who, in good faith, report wrongdoing, provide evidence, or express opinions that aid in official duties or pertain to offences under the National Anti-Corruption Commission(NACC)’s jurisdiction (Bangkok Post, 6/6/2025). More Anti-SLAPP laws are imminent.

Murray raises concerns, amongst others, as to whether the Malaysia’s MCMC have been faithfully carrying out its statutory duties. Concern raised about whether there is preferential treatment of certain persons and/or entities, including companies linked to existing MCMC Commissioners.  Rightly, MCMC and other relevant authorities should be investigating allegations and/or concerns raised by Murray, and not ‘attacking’ such whistle blowers and those who highlight possible wrongdoings or shortcomings.

In this case, a perusal of the charges in Thailand Criminal Court, as found in the Thai Lawyers For Human Rights website, suggests that this case falls within the scope of falls within the scope of the Anti-SLAPP principles of Thailand. This must be considered a matter of public interest as it relates about alleged abuses, wrongdoings, failures and mis-governance of this Malaysian law enforcement body, the MCMC.

Further, the MCMC itself has a portal called  sebenarnya.my , whereby it analyses alleged ‘fake’ news, and informs the public why it is false citing credible sources. As such, if and when Murray had published/circulated any alleged ‘fake news’, this portal ought to have been used to debunk any falsehood with credible evidence – and not the use of SLAPP actions against Murray. Did MCMC even use their own mechanism, when it came to Murray Hunter’s allegedly false statements, and if not, why?

Malaysia Has the Duty To Protect HR Defenders – Not Act Against Them

Malaysia, as any United Nation member State, has the duty and obligation to protect Human Rights Defenders, their freedom of expression including their right to raise issues of alleged wrongdoings or issues of mis-governance more so after the UNITED NATIONS General Assembly on 8/3/1998 by resolution adopted the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms(commonly known as the UN Human Rights Defenders Declaration)

Murray Hunter, a former lecturer in University Malaysia in the State of Perlis,  is a HR Defender, who has the freedom of expression and opinion, and also do have the right to highlight or ‘…to complain about the policies and actions of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms…’.

All States, including Malaysia, has the duty to protect HR Defenders. ‘The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the… HR Defenders Declaration (Art.12(2) HR Defenders Declaration).

‘In this connection, everyone is entitled, individually and in association with others, to be protected effectively under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms…’ (Art. 12(3)).

The State have NO ‘…right to engage in any activity or to perform any act aimed at the destruction of the rights and freedoms…’ of any HR Defender. (Art. 19)

As such it was wrong for the Malaysia through MCMC to take any retaliatory action against HRD Murray Hunter, even if or when he raised issues or concerns about MCMC, the police or even the government – as he, like any other persons or HR Defenders, has the right to also raise omissions or actions of any government body or person.

Transborder SLAPP Attack by Government Through Criminal Action in Another Country Is An Appalling Violation of Human Rights

The allegation of CRIME committed by Murray to date has not led to any criminal charges being filed in the Malaysian criminal courts, and that means that the Malaysian police and/or law enforcement, and/or the Public Prosecutor did not find it a crime, or did not find sufficient evidence to charge him for criminal defamation or any other crimes in Malaysia after MCMC filed a a police report in Malaysia on or about 24/4/2024, (MCMC Website). According to said MCMC’s Statement it said, amongst others, that Murray in his writings allegedly was ‘accusing MCMC of acting beyond its jurisdiction for self-interest. He also accused MCMC and PDRM of intimidating the public.’(‘…menuduh MCMC bertindak melangkaui bidang kuasanya untuk kepentingan diri. Beliau turut melemparkan tohmahan bahawa MCMC dan PDRM bertindak menakut-nakutkan Masyarakat….).

Malaysia not charging Murray for the crime of criminal defamation may be similar to the situation that the led to the Malaysian Attorney-General’s Chambers issuing ‘… "No Further Action" directive against Bloomberg, following Bloomberg’s report claiming that the Malaysian Anti-Corruption Commission acted on the Prime Minister’s instructions in investigating certain individuals. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, in a written parliamentary reply, stated that the directive was issued as “there was insufficient evidence in the investigation papers…”(Vibes, 5/11/2025).

Whilst Malaysia itself did not commence any criminal action, oddly Thailand, acting on the Malaysian government’s criminal complaint, has now charged Murray for criminal defamation. Are the legal standards in Malaysia not the same as Thailand?

SOVEREIGNITY and using laws of other countries to prosecute crimes against Government?

For Malaysian government and government entities, they should only be using the Malaysian law – and never the laws or the administration of criminal justice mechanism or processes in some other jurisdiction or country, which may be also be different from the laws and rules in Malaysia.

The Malaysian Federal Constitution states that ‘(1) No person shall be deprived of his life or personal liberty save in accordance with law (Art. 5(1), and also that ‘(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.(Art. 7(1)).

The ‘LAW’ referred to in the Malaysian Constitution is the Malaysian Law – not the Laws of Thailand, or the Laws of any other country. It must be the Malaysian Law, the Malaysian Courts – more so when the alleged victim of the crime is the Malaysian government or its entity as in this case.

To use other country’s laws, which are most likely different from Malaysia’s own laws, legal standards and court processes may be seen as an unconstitutional act, disrespecting Malaysia’s own sovereignty and Malaysian laws.

If Malaysia wanted to charge Murray Hunter for ‘Criminal Defamation’, then it should do so in Malaysia but law enforcement decided not to until now.

Remember, Malaysia could have investigated Murray Hunter in Malaysia, and even charged him in Malaysia if it was a crime, or there was sufficient evidence.  If Malaysia wanted Murray Hunter in Malaysia, they could have applied to get Thailand to send Murray to Malaysia.

Even if Murray Hunter could not be physically brought to Court, Malaysian law today allows for him to be charged in the Malaysian courts and Malaysia’s Section 425A of the Criminal Procedure Code allows a trial to proceed if the accused fails or refuses to attend.

Thus, we call on Malaysia to justly stop or cause the withdrawal of the criminal defamation case against Murray Hunter in Thailand, initiated by the actions of Malaysian government’s MCMC.

If Malaysia withdraws the criminal complaint, and inform the Thailand Courts, most likely the criminal charges against Murray will be dropped in Thailand.

Malaysia – BAD and Dangerous Precedence of use of SLAPP against HRDs

To date, no corporation or powerful individuals in Malaysia has resorted to using SLAPP actions against HRDs in other jurisdictions, other than in Malaysia using Malaysia’s laws and courts, and, as such, this criminal SLAPP action is a dangerous UNJUST PRECEDENT by the Malaysian government. It may lead to possible future SLAPP actions against HRDs in Malaysia by private companies and persons in Malaysia also using laws and courts in other countries?

Thus, we, the undersigned groups and organizations,

A.               Call on the Malaysian government, and/or the Malaysian Communications and Multimedia Commission (MCMC) to forthwith cause to withdraw the criminal complaint and criminal defamation case against HRD Murray Hunter in Thailand criminal courts,

 

B.               Call on the government of Thailand, that have already adopted Anti-SLAPP principles and are enacting anti-SLAPP laws, to not allow its laws and its criminal courts to be used wrongly by other nations to commence SLAPP actions against HR Defenders who highlighted alleged wrongs or mis-governance issues of Malaysian government or its entities. Drop the criminal defamation charges against Murray Hunter.

 

C.      Noting that Article 39 of the ASEAN Human Rights Declaration 2012 already states that ‘ASEAN Member States share a common interest in and commitment to the promotion and protection of human rights and fundamental freedoms’, which also includes ‘..the right to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information, whether orally, in writing or through any other medium of that person’s choice’(Art.23), and as such all ASEAN member States must do more to protect Human Rights Defenders, by also enacting anti-SLAPP laws. Malaysia, as current ASEAN Chair, must lead by good example.

 

D.     Call on Malaysia and all governments to refrain from engaging in abusive lawsuits, but also take positive measures to ensure that third parties do not use SLAPPs as tools to silence those exerting legitimately their rights to freedom of opinion and expression.

 

Charles Hector

Ng Yap Hwa

For and on behalf the 44 organizations/groups/trade unions listed below

ALIRAN, Malaysia

MADPET (Malaysians Against Death Penalty and Torture)

Asia Citizen Future Association, Taiwan

Asia Human Rights and Labour Advocates (AHRLA)

Asian Forum for Human Rights and Development (FORUM-ASIA)

Banglar Manabadhikar Suraksha Mancha (MASUM), India

BWI AP (Building and Wood Workers International Asia Pacific Region)

Center for Alliance of Labor and Human Rights (CENTRAL), Cambodia

Citizens Against Enforced Disappearances (CAGED), Malaysia

CIVICUS - World Alliance for Citizen Participation

COAC (Center for Orang Asli Concerns), Malaysia

Community Resource Centre Foundation (CRC), Thailand

Democratic Commission for Human Development (DCHD), Lahore, Pakistan

Disability Peoples Forum, Uganda

Global Women's Strike

GoodElectronics Network

Greenpeace Southeast Asia

Haiti Action Committee

International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders, France

KLSCAH Youth, Malaysia

Legal Action for Women, United Kingdom

Manushya Foundation, Thailand

MAP Foundation, Thailand

National Union of Banking Employees (NUBE), Malaysia

National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), Malaysia

North South Initiative (NSI), Malaysia

Parti Rakyat Malaysia (PRM)

Payday Men’s Network (UK/US)

Persatuan Amal Progresif, Malaysia

Programme Against Custodial Torture & Impunity (PACTI), India

Redemption Pakistan

Sabah Timber Industry Employees Union (STIEU), Malaysia

Sarawak Dayak Iban Association (SADIA), Malaysia

Second Chance Redemption, Pakistan

Service Industry Workers Union Of Peninsular Malaysia

SETEM Catalunya, Spain

Singapore Anti Death Penalty Campaign (SADP)

Social Protection Contributors Advisory Association Malaysia. (SPCAAM)

Tenaganita, Malaysia

Teoh Beng Hock Association for Democratic Advancement, Malaysia

WH4C (Workers Hub for Change)

Women of Colour Global Women Strike, US & UK

Workers’ Assistance Center (WAC) in Cavite, Philippines

World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders, Switzerland

 

Additional Note - Some points from the Thai Lawyers for Human Rights website 

 

 

 

 

Thai Lawyers for Human Rights urgently calls your attention to the indictment of Mr. Murray Hunter, an Australian journalist residing in Thailand, under Section 328 (defamation by publication) of the Thai Criminal Code [1] on 17 November 2025. (Black Case No. Aor. 2120/2568) This case stems from four articles that were published on his Substack between 13 and 29 April 2024, that, according to the public prosecutor, allegedly defamed the Malaysian Communications and Multimedia Commission (MCMC), a Malaysian government agency. If convicted, Mr. Hunter faces a maximum prison term of eight years and a fine not exceeding 800,000 baht.

The next court hearing—evidence examination hearing—at the Bangkok South Criminal Court is scheduled for 22 December 2025 at 1.30 PM.

Criminal defamation is a compoundable offense in Thailand. In other words, a party that alleges injury can withdraw a complaint and the case.

Case Background

Mr. Hunter is an independent journalist who has covered various political and governance issues in Malaysia, often publishing critical analyses of the country’s leadership and institutions on his Substack blog. [2] MCMC has ordered internet service providers to block access to Mr. Hunter’s Substack in Malaysia. [3] From 13 to 29 April 2024, Mr. Hunter published four articles on his Substack criticizing MCMC. (See more below.)

Charging Stage

On 27 March 2025, the Bangkok South Criminal Court issued an arrest warrant (No. 404/2568) for Mr. Hunter based on a complaint filed at Yannawa Police Station by a representative of MCMC. On 29 September 2025, Mr. Hunter was arrested at the Suvarnabhumi Airport, while attempting to board a flight to Hong Kong. He was transferred to Yannawa Police Station where he was charged under Section 328 (defamation by publication) of the Thai Criminal Code. The penalty for violating this law is a maximum prison term of two years and a fine not exceeding 200,000 baht. 

Mr. Hunter was detained for approximately 24 hours at Yannawa Police Station before he was released on 20,000 baht bail, pending a 17 November court appearance.

Indictment

On 17 November 2025, the public prosecutor indicted Mr. Hunter under Section 328 of the Criminal Code in connection with the following quotes from four articles on Mr. Hunter’s Substack: 

Article 1: “The 3Rs are an Instrument of Tyranny for Malaysia” (13 April 2024) [4]

Behind the PDRM is the MCMC, under the chair of TS Salim Fateh Din, which is illegally blocking hundreds of websites of those they deem critics of the government. The MCMC is working with social media platforms to pull down material the establishment doesn’t agree with.”

The MCMC, under Salim’s stewardship is also blocking critics of his own company MRCB, a clear conflict of interest and abuse of power. This is what happens when politically partisan people are put in charge of law enforcement agencies.” 

The approach taken by the PDRM-MCMC-JAKIM is using the 3Rs as a tool of suppression of freedom of speech is a selective manner is tyranny. This is also destroying the racial harmony of the nation.”

Article 2: “MCMC ordered by the High Court to produce police instruction to block weechookeong.com” (19 April 2024) [5]

MCMC is subverting democracy, and covering up whistleblowers who are have genuine intentions in exposing corruption. The MCMC cannot become a private cyber police force, in the interests of individuals, rather than the national interest.”

Too much evidence is building up of complicity and conspiracy between the MCMC and police for the benefit of protecting individual interests.”

Article 3: “MCMC is out of Control” (25 April 2024) [6]

These raids on citizens homes are a form of intimidation to support ‘ketuanan’ chauvinists and cover up the exposure of corruption. MCMC is clearly entering the political arena and claiming to the be the sole arbitrator of the truth. There is little proper legal process going on leaving the victims of MCMC actions without any legal remedy to these home invasions.”

UMNO stalwart Salim Fateh Din, who is chairman of the MCMC is using the agency for political purposes. Salim is building up a political gestapo without any checks and balances to restrain it from going overboard. The MCMC has become an extra-judicial para police force to intimidate citizens and cover up issues of corruption.”

Article 4: “Chegubard’s arrest and charging is a warning to all Malaysians” (29 April 2024) [7]

Likewise the MCMC is under the control of an UMNO warlord and corporate mogul. The MCMC is acting far beyond its statutory powers in self interest. Together, the PDRM and MCMC are now a massive authoritarian ‘thought police’ intimidating and terrorizing the community. The authorities are flaunting the constitution.

According to the public prosecutor, the four articles are defamatory because, through their content, they are likely to cause the MCMC to “lose reputation, be held in contempt, and be subjected to hatred by the public.” If the court finds Mr. Hunter guilty in relation to the four articles, he could be sentenced to a maximum prison term of eight years and a fine not exceeding 800,000 baht.

It should be noted that “a statement made in good faith … by way of fair comment on any person or thing normally subject to public criticism” does not constitute defamation under the Criminal Code [8]. Moreover, a person shall not be punished for defamation if he can prove that the statement at issue is truthful [9].

Read out previous Human Rights update on Mr. Hunter’s case here.

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Endnotes

(1) If the defamation is committed by means of publication of any document, drawing, painting, film, picture or letters made visible by any means, gramophone record or audio, visual or letter recorder, or by audio or visual broadcast or by announcement by any other means, the perpetrator shall be liable to imprisonment for a term not exceeding two years and to a fine not exceeding two hundred thousand baht

(2) Murray Hunter, https://murrayhunter.substack.com/.

(3) Freedom House, “Freedom on the Net  2024 – Malaysia,” https://freedomhouse.org/country/malaysia/freedom-net/2024.

(4) Murray Hunter, “The 3Rs are an instrument of tyranny for Malaysia,” 13 April 2024, https://murrayhunter.substack.com/p/the-3rs-are-an-instrument-of-tyranny?utm_source=publication-search.

(5) Murray Hunter, “MCMC ordered by the High Court to produce police instructions to block weechookeong.com,” 19 April 2024, https://murrayhunter.substack.com/p/mcmc-ordered-by-the-high-court-to?utm_source=publication-search.

(6) Murray Hunter, “MCMC is out of control,” 25 April 2024, https://murrayhunter.substack.com/p/mcmc-is-out-of-control?utm_source=publication-search.

(7)  Murray Hunter, “Chegubard’s arrest and charging is a warning to all Malaysians,” 29 April 2024, https://murrayhunter.substack.com/p/chegubards-arrest-and-charging-is?utm_source=publication-search.

(8) Criminal Code, Section 329(3).

(9) Id. Section 330.