Where were you during the Christmas holidays in 2019? Probably with good
food, friends, and family; at the very least you probably were in the comfort
of your own home. While we were enjoying our holidays, a journalist - Mohd
Zarith Md Hanipah was into his 47th day in Sungai Buloh prison - Malaysia's
largest maximum-security prison for hardened criminals. Isolated from the
outside world, drinking nasty black water from a rusty tap out of a concrete
wall, with only a bucket as his toilet and the very same bucket as his
container to drink out of, and trying to fall asleep on the cold, hard, smelly,
and dirty floor of his cell not knowing what will happen to him next. How did
he end up there?
Before we begin, let us first get to know who Zarith is. Zarith is a
freelance journalist who has written and published articles across
international media outlets such as the BBC, Bernama (a Malaysian news
organisation and the national news agency), Australasia Muslim Times, and many
other media outlets for over 13 years since 2007. Some of his most notable
works include interviewing Tun Dr Mahathir, the current Prime Minister of
Malaysia, other former Malaysian Prime Ministers, Pakistan’s former Prime Minister,
countless ministers, CEOs, NGOs, EU officials, ambassadors and high
commissioners.
He has a passion for truth and justice, especially for his home country,
Malaysia which he writes about. In fact, he was the whistle-blower who alerted
FINMA (Swiss Monetary Authority) about the 1MDB scandal, the biggest financial
scandal of our modern time involving the then Prime Minister of Malaysia. He is
certainly one to risk his own safety to stand up for truth and justice for the
country he loves. Despite the corruption and injustice he has witnessed through
his career as a journalist, he has always been an idealist for Malaysia, always
giving the benefit of the doubt. Little did he know such injustice would befall
him.
He has been working around Europe as a Europe Foreign Correspondent
since 2016 and in 2018, he came back to Malaysia in 2019 because he had to take
care and support his father who was struck with a car accident and who is also
currently awaiting for possible below-knee amputation as well as coronary
bypass surgery.
On the 8th of November 2019, Zarith was helping to cover an event on
behalf of his journalist friend from The Malaysian Reserve, an online business
news outlet who couldn't make it that day. While registering for the event, a
woman behind him rudely asked him who he was. He responded by asking if she was
Malaysian and where her common courtesy (budi bahasa) was. She proceeded to ask who he works for. So he told her that Bernama was
his previous employer and now he's writing on a freelance basis. She said she
would complain to Bernama which he was taken aback by because it seemed like
she has no premise to do so in the first place. She continued to tell him that
she's the boss of the event and she can throw anyone out as she pleases.
He obliged and left, while walking away he suddenly recalled that he
actually met the former Chairman of ASLI in London in 2017, so he went back to
the registration table to tell her that he could also complain about her,
though he did not know at that time that Tan Sri Dr Michael was no longer with
the organisation. As he took his phone out from his pocket, she suddenly lunged
towards him and grabbed his phone, and reflexively he may have accidentally
fend her off during the minor scuffle. She fell down from the scuffle and he
was swiftly apprehended by the security.
He was then taken to Dang Wangi police station where he spent 2-3 nights
there, during which he was denied outside contact and could not get any legal
representation. He even offered to write a written apology and reimburse for
any damages caused, but was turned down. He was subsequently charged with
section 325 of the Penal Code, which is a punishment for voluntarily causing
grievous hurt which carries up to 7 years in prison and a fine of up to
RM20,000, with no supporting evidence of any criminal intent and serious
injuries as claimed. His case number is WA-15-62-135-11. The bail was set to
RM20,000 which he did not have.
When he attended court proceedings in Jalan Duta Court on that Monday,
he was coerced by his investing officer (IO) to plead guilty. Again, at that
time he was not represented by any legal counsel. On his own capacity, he asked
for the bail to be reduced, and the judge obliged by lowering it to RM15,000.
He was then transferred to Sungai Buloh prison for remand where he witnessed
even more disturbing problems behind the imposing walls. He was locked up there
for another 47 suffering nights, only until after a long and gruelling donation
drive by his family and friends, they managed to raise bail and he was released
on the day after Christmas on the 26th of December 2019. Since then the family
appointed a lawyer by that time, with him finally having legal representation,
he changed his guilty plea to innocent. But unfortunately, they could not
afford it any longer and we are just at the beginning of this battle for
justice, that’s why we are here today appealing to you.
Where is the justice in all of this?
How can a minor scuffle with little
to no evidence be escalated into such a serious case?
What was the real intention for pressing such serious charges?
How can someone be denied contact while being imprisoned?
How can he be denied legal counsel in such serious circumstances?
Imagine if this happened to someone that you cared for, can we really
continue allowing such injustices to continue?
Will you stand with us for
justice?
We are looking to raise RM60,000 to help cover his legal fees (RM45,000)
which will fund the legal process until it’s resolved, the balance will cover
other additional costs incurred through this process that will likely last a year or more including any
transaction fees associated with this donation drive (RM15,000). Any additional
funds will be used to raise awareness about the injustices that are happening in the Malaysian enforcement and legal
system and to assemble like-minded people and organisations to collectively
work towards a better one.
Zarith has lost almost 50 days of his life in this system, don’t let him
lose up to another 7 years of his life. You can help Zarith. So if you believe
in truth and justice, click on the donate button above now, and know that every
single dollar counts and you have made a difference to help Zarith and to
create a more just society. Let us make the justice process work, and not allow
it to be abused.
