Contrary to his so-called 'clean and nice guy' image, Prime Minister Abdullah Ahmad Badawi was certainly not above board during the recently concluded general election.

Apart from the blunders and bungles made by the Election Commission (EC), whose most senior officials, pre-eminently its chairperson, broke every rule in the book to ensure that Barisan Nasional (BN) would be returned with a landslide victory, two very important and crucial factors were not considered by most voters.

First, BN had to recapture Terengganu at any cost and by any means! Why was this so? The Terengganu state government under PAS' rule, had filed a civil suit against Petroleum Nasional Berhad (Petronas) and the federal government on March 8, 2001. Apart from interest and costs against both defendants, the following reliefs were sought against Petronas:

(i) Specific Performance of the Principal Agreement dated 22nd March 1975 and Supplementary Agreement dated Sept16, 1987 between the Terengganu state government and Petronas; and

(ii) An order that Petronas pays within 14 days to the Terengganu state government, the payments due and payable on Sept 1, 2000 and at future dates in accordance with the terms of the Principal and Supplementary Agreements;

(iii) Damages for breach of contract; and

(iv) General Damages.

As against the federal government, the following reliefs were sought:

(i) General Damages;

(ii) Aggravated Damages; and

(iii) Exemplary Damages.

Rendered academic

Particulars of cash payments made semi-annually on March 1 and Sept 1 of each year by Petronas to the Terengganu state government were as follows ( see chart

):

Pursuant to the provisions of Sections 2 and 4 of the Petroleum Development Act 1974 and in consideration of the entire ownership in, and exclusive rights, powers, liberties and privileges of exploring, exploiting, winning and obtaining petroleum whether lying on-shore or off-shore of Terengganu being vested in Petronas by the state government, Petronas shall make to the state government, cash payments in the form of the value of petroleum won and saved in the state and sold by Petronas, its agents or contractors.

PAS formed the state government of Terengganu after its landslide victory in November 1999. After the March 2000 payment, Petronas failed and/or refused to make cash payment amounting to about RM850 million on Sept 1, 2000 to the state government for the first half of 2000.

As of March 2004, the figure would be in the region of RM3.8 billion! The said suit had been filed in March 2001, but is still pending to date. The attorney-general is representing Petronas and the federal government, which inevitably means that the proceedings can be adjourned indefinitely. And this was precisely what happened and was meant to happen!

Despite Petronas not making such cash payments since March 2000, the Terengganu state government continued to administer the state until the state assembly was dissolved on March 4, 2004.

PAS lost control of the state when BN scored its unprecedented landslide victory at the recent general election. What made this landslide victory by BN in Terengganu more astounding was that the voter turnout was between 81.52 to 98.7 per cent, which was truly unbelievable!

The results not only shocked PAS, but BN was equally shocked, reflecting machination from the centre and not only in the state!

Winning the election in this manner has sullied the perceived clean image of Abdullah. His integrity and honesty, as a Muslim scholar, are now called into serious question, and his naming of a clean cabinet is well nigh impossible.

Goodwill money

When Petronas made cash payments to the state government under BN's rule until November 1999, the people of Terengganu generally did not receive any tangible benefits, whilst the state was said to be backward, in terms of economic development.

When PAS took control of the state in 1999, such cash payments were not made to the state government, which experienced severe financial and administrative constraints. Payments made by the federal government through the so-called ' wang ehsan ' (goodwill payment) were illegally channeled through BN's intermediaries in the state.

Therefore, is there any logical reason for voters in Terengganu to reject PAS and vote for BN? At very least, voters there knew for certain that the state government under PAS' rule, did not have billions to squander and/or plunder from the state coffers during the past five years.

However, going by the history of such cash payments made to the state government under BN's rule since 1978, which was undisputed, it is an open and shut case. Petronas is obliged to honour its obligations under the said Principal and Supplementary Agreements. The Principal Agreement was executed pursuant to Sections 2 and 4 of the Act.

The federal government is also constitutionally bound by the legislative policy and intent of the Act, to ensure that such cash payments are made to the state government, irrespective of which political party is in control of the state.

When Parliament and the state assemblies (except that of Sarawak) were dissolved, BN's first priority must therefore have been to recapture Terengganu at whatever costs and means, fair or foul!

The pay-off to the new state government under BN's rule would more than off-set all such costs that would have to be expended to achieve this primary objective. And through the electoral gymnastics of BN and EC, this objective was achieved beyond BN's wildest dreams.

And the most important and dramatic result is that the said suit will now be considered academic, with the change of the Terengganu state government! The present state government will most certainly withdraw the said suit ... without a shadow of doubt!

Sec-gen's presence

Secondly, most TV viewers watching the election results being broadcasted from BN's operations centre at the Putra World Trade Cente (PWTC) in Kuala Lumpur, did not notice a particular man, seated between Abdullah and his deputy Najib Abdul Razak, throughout that night.

He wore a smug smile whenever the results were announced in favour of BN, as if he knew and/or expected such results. Why was this senior civil servant at what was primarily a political function in the first place?

He is none other than Aseh Che Mat, the secretary-general of the Home Ministry, which overseas the Royal Malaysian Police, Immigration Department and National Registration Department.

Previously, he had been with the Royal Customs & Excise Department, National Registration Department and Immigration Department. Did he have anything to do with BN's landslide victory?

Apart from the gerrymandering during EC's re-delineation exercise prior to the general election, and which was done to obviously favour BN to a large extent, did he play a pivotal role in BN's victory?

It could very well be that he had nothing to do with it, but he must still explain why, as a public servant, to put it correctly, he was at PWTC that night. His duty is to serve the public and not, as one Umno minister would have preferred it, be subservient to his political masters.

And this leads to the issue of BN's blatant abuse of government facilities and funds in its electoral campaign, in order to rout PAS in Terengganu.

Disparity in numbers

According to Berita Harian (March 23), which published the election results in full, there was a glaring disparity between the number of registered voters and votes polled by BN and the opposition alliance Barisan Alternatif (BA). ( see chart

)

On this ground alone, the election results in Terengganu must be annulled and a fresh election called. Voters are therefore urged to re-look and analyse the recent election results critically, in the light of these two very important and crucial factors; and decide whether BN deserves to savour its ill-gotten electoral success.

Or was it a hollow and ignoble victory, which made a mockery of our free and fair electoral process, carved out by means that could not pass muster!

Certainly, this landslide victory was clearly devoid of any 'Excellence, Glory or Distinction' as pontificated by Abdullah, which is reminiscent of the now-ludicrous 'Clean, Efficient and Trustworthy' slogan of his predecessor.

Pak Lah was sworn in as prime minister barely 12 hours after obtaining his massive mandate; and to legitimise his rule as PM, he is beholden to call for a fresh election in Terengganu, which he most certainly would not.

PH CHENG is a Malaysian who stands up for justice and fairness, and cannot bear to seen any injustice or unfairness being perpetuated by any quarter, be it BN or the BA. He considers that to stay silent in the face of any blatant injustice and unfairness is to condone it, and for which we have only ourselves to blame for the current state of "Bolehland".