Friday, October 16, 2015

Attorney-General Apandi appointment unconstitutional An indelible stain on Malaysia's legal systems

Image result for Speaker Pandikar Amin Mulia HYPOCRISY OF BLIND Najib-SUPPORTER
In Parliament, we have, Tan Sri Pandikar Amin Mulia, the Speaker of the House of Representatives ( Dewan Rakyat, our Lower House in a bicameral parliamentary system) who thinks that it is his job to prevent debates on critical matters of public interest (for example a no confidence vote against the incumbent Prime Minister), and apply to the rule book to silence members of the Opposition.  Pandikar Amin thinks he reports to the Prime Minister’s Office.t Najib would be regarded as defying the Sultans if he doesn’t push forward an investigation of the matter immediately. Would the various bodies probing 1MDB rather defy the Sultans or the prime minister, who has fired and replaced the previous attorney general for allegedly preparing an indictment and has neutralized several other individuals, Kadir asked. “Unless Najib and his extremist supporters have ‘lost their minds’ and are disloyal to the [King], they would do as has been decreed,” Kadir said.
 Najib   was also greeted by a statement on Tuesday, Oct. 6, by Malaysia’s nine powerful hereditary Sultans asking the government to complete the investigation into 1MDB as soon as possible, “take the appropriate stern action” against all found to be implicated and report the findings comprehensively and transparently. According to the statement, the Sultans worry that if the issue drags on, it could jeopardize the country’s economy and personal livelihoods.We also have parliamentarians on both sides of the aisle who do not engage in civil discourse but in stead treat parliamentary debates as a kind of shouting match. One such unforgettable character is Bung Mokhtar from the Kinabatangan constituency in Sabah. All of them are con artistes who forgot that they were elected to legislate in the interest of, and serve their constituents, and their country and  not waste time in the coffee lounge for coffee and cakes.

Speaker Pandikar Amin Mulia  Najib-

It's almost certain that a no-confidence motion against Prime Minister Najib Razak will be tabled when Parliament re-sits on Oct 19 for its budget session

BNM Governor Zeti
In a stunning development, Malaysia’s central bank has issued a statement saying it had requested a criminal investigation into the affairs of the scandal-plagued 1Malaysia Development Bhd despite the fact that Prime Minister Najib Razak’s hand-picked Attorney General Mohamad Ali, to whom it had forwarded the case , said there was no reason for prosecution.
Minister in the Prime Minister's Department Paul Low
the spat between Bank Negara and the Attorney-General's Chambers with regard to 1MDB also read this  Wake Up ! BNM governor Zeti Akhtar Aziz efforts in saving the country from traitors and criminals.
Zeti Akhtar Aziz, the central bank governor, had delayed announcement of the results of the banking transactions by 1MB for several weeks. Sources in Kuala Lumpur said Zeti, one of the world’s most respected central bankers, was in essence blackmailed by forces aligned with Najib into previously burying the investigation over concerns that the government might prosecute her husband, Tawfik Ayman, because of secret overseas accounts. Rosmah Mansor, the Prime Minister’s wife, was reportedly involved in an email campaign to drive Zeti from her position.
Bank Negara’s defiance of the Attorney-General’s refusal to prosecute the case adds to pressures brought by the nine-member Council of Rulers – the country’s sultans – who in an unprecedented formal statement earlier this week warned that investigations into Najib’s affairs and 1MDB must be completed as soon as possible or the country’s image would be harmed. In the same statement, they warned that racial tensions are increasing and that steps must be taken to cool them off.

“As an investigative authority, the bank is duty bound to conduct its investigations with the highest professional care and diligence,” according to the Bank Negara statement. “The bank at all times expects full and accurate disclosure of information by applicants in considering any application under the ECA. On its part, the bank concluded that permissions required under the ECA for 1MDB’s investments abroad were obtained based on inaccurate or without complete disclosure of material information relevant to the Bank’s assessment of 1MDB’s applications.”

An indelible stain on Malaysia's legal systems

 'fake statements' by Apandi 1MDB did not commit any offence, says A-G’s Chambers -

Judge Segara asked the right question: “Why him? Is he the person to ask for help? How is he going to admonish her? The applicant should have gone to the Inspector-General of Police or the OCPD for protection. Anyway, he has got his own security.What’s his motive other than to get rid of her? So that he could sleep soundly after she disappears?Judge Segara .said that the impression he got was that “Razak had motive to get rid of” Altantuya. readmore Are You Answering The Right Question Mr (AG) Mohamed Apandi Ali?
despite the central bank requesting a review to a decision that was made last month that no further action was required in the Bank Negara probe. "Having considered the request and the fact that there was no new evidence made available, the Attorney-General decided to maintain the decision made earlier," AGC said in a statement. - 
 the adoption of the Constitution,  appointments were the prerogative of the prime minister
The intrusion of political considerations saw the term "committed judiciary" gain currency during Najib's tenure as prime minister, generating  The executive hold was further tightened with consultation with judiciary being held as not tantamount to consent. 

  alsl read thisThe appointment of New attorney-general Mohamed Apandi Ali, compromises independence judiciary

Najib fired the previous attorney general, Abdul Gani Patail, in September and replaced him with Ali, a former federal court judge, at the last minute after Gani reportedly had drawn up criminal charges against Najib and another unnamed official over the MDB scandal.  Apandi Ali is considered a United Malays National Organization loyalist. Apandi’s most significant ruling on the country’s highest bench, before he retired, was to say that Christians, particularly Catholics, would not be allowed to use the word ‘Allah” to denote god in their literature and services. 
The Attorney-General’s Chambers today said there is no basis to recent claims linking Datuk Seri Najib Razak to the murder of Mongolian Altantuya Shaaribuu, stressing that the prime minister was never linked “in any culpable manner” to the case over the course of the trial.
AG Tan Sri Mohamed Apandi Ali added that the murder trial of former police commandos Sirul Azhar Umar and Azilah Hadri went through an exhaustive legal process, with “every piece of evidence and testimonies of witnesses” subjected to “curial scrutiny” by both the Court of Appeal and Federal Court.
“The evidence led (sic) did not at all show that the prime minister played any role in the case,” Mohamed Apandi said in a statement.also read this Najib X-files reveal he was implicated in the murder of Mongolian Altantuya Shaaribuu
Datuk Saifuddin Abdullah says with all that has transpired the past 6 months with regards to the investigations into the 1Malaysia Development Berhad (1MDB) issue, any report by the authorities will be met with scepticism. – The Malaysian Insider pic by Seth Akmal, October 17, 2015.

"Even if they say 1MDB is right or did no wrong, or even if they say 1MDB did do some wrong, how do you expect people like me to believe it because the entire chain of investigation was subjected to harassment and intervention,"Saifuddin left Umno for PKR, citing dissatisfaction with Putrajaya's handling of 1MDB and the RM2.6 billion "donation" deposited into prime minister Datuk Seri Najib Razak's personal accounts
This joins the already announced investigations by Singapore, Switzerland, Hong Kong, and United Kingdom. One has to assume there is a certain amount of coordination going on behind the scenes to get to the bottom of what is going on.
Ordinarily, Najib would have little to worry about in his or her dodgy transactions, as long as they weren’t completed in U.S. dollars. But a little focused on but essential fact about this story is that Mr. Najib received his $700 million in U.S. dollars and all dollar-denominated transactions must pass through and be subject to the full law enforcement jurisdiction of the United States. It appears Najib’s love of all things American may get the better of him.
 it was reported by the New York Times that the Federal Bureau of Investigation and U.S. Justice Department’s Kleptocracy Asset Recovery Initiative is investigating both the $11 billion of losses of 1MDB but also the transfer of $700 million of funds into Prime Minister Najib’s personal account from an unnamed Middle Eastern source. Earlier the Wall Street Journal reported that the FBI has started investigations into allegations of money laundering related to 1MBD.
Najib's brainchild 1MDB is currently sitting on a RM42 billion debt incurred in six years of operations. The state-owned investment firm is currently under various probes for alleged financial improprieties
 A rule of law is not about creating the best legislation, but it is about creating a sense of predictable order. It comes from people knowing that there is a discernible relationship between action and consequence and that there is a price to pay for crossing boundaries that have been set. When things work as they are meant to, in an everyday unglamorous way. Where getting routine tasks accomplished is an act that is truly routine, and not a heroic endeavor. An environment of certainty needs the uneventful discharge of everyday responsibilities by those charged with these roles.
   Najib is all set to put his stamp, literally, on what it sees as the end of the UMNO era. While Najib may not ever be able to live up to its pre-election pledge
UMNO strongholds whose support he needs to remain in power. Officials in Johor, where UMNO was born in the 1950s, have already warned that Najib’s dismissal of Muhyiddin as deputy prime minister would wreck the party’s southern power base in 2018.The entire UMNO members was already deeply embarrassed this week by a massive rally that drew tens of thousands of protesters – one of whom was former PM Mahathir, who is now being investigated for criminal defamation concerning his remarks at the Bersih 4.0 demonstration over the weekend and calling for Najib’s resignation.the expulsion of Anina Saadudin, 

A tribute to the power of one RM2.6 billion  Allure Of Money

Najib no impunity go direct to prison also read this Crisis unfolded in asset backed securities
Is RM2.6b grand corruption or donation, Najib how can you fight 'falsehoods' when the facts are written all over the wall? The entire world knows what is happening in this country unless you are stupid enough to tell lies  when Malaysians are not provided with the truth, how can you expect us to fight falsehoods?To begin with, reveal the donor of your RM2.6 billion, which is a source of many falsehoods, ranging from phantom Arab donors to money given in recognition of your effort to fight ISIS, which is non-existent then.
Amnesty International secretary-general Salil Shetty asking the premier to explain if the RM2.6 billion in his personal bank accounts was "grand corruption". Malaysian people are not stupid. This is the reminder from Amnesty International to the government. also read this UMNO: A time for revolt? People in Malaysia are asking where Zhen Low is getting all this money to waste on Paris Hilton. And Low’s father is not happy with all this unwanted publicity back at home. He is the brother of notorious partyboy Taek Jho Low, who may or may not be an arms dealer according to press reports. Nothing like a good champagne ordering contest to spice up your vacation. Low won, with the $2.6 million bill but people back at home are questioning his lifestyle and businesses. Anyway, Zhen (or Taek) should keep in the back of his mind the fact that all the money on Earth can’t cure herpes. All I see in these photos is a topless herpes spreader doing her thing. In an unrelated story: all of the jellyfish around St. Tropez have contracted herpes.

Now we must hear what our Prime Minister has in mind when he delivers his Amanat Presiden to the UMNO General Assembly. Will he contradict his Deputy Prime Minister who has set a conciliatory tone for UMNO delegates? Embrace Malaysia with its rich diversity and face the challenges of intense globalisation with strong faith in our own people.–

1MDB's board of directors wanted to redeem US$700 million belonging to the firm meant for a joint venture (JV) from PetroSaudi International (PSI), claimed whistleblower Sarawak Report.
This was based on alleged leaked minutes from a board of directors meeting on Oct 3, 2009.
"Documents from a special meeting of the board held on Oct 3, 2009, shortly after the signing of the joint venture with PSI, reveal that furious directors complained at how US$700 million was siphoned off from the company’s original US$1 billion investment in the venture," said Sarawak Report editor Clare Rewcastle-Brown in an email to Malaysiakini.
An excerpt from the minutes said that the board "was not consulted on the change of plans to remit US$700 million to PSI. The board of directors' understanding was for the full US$1 billion to be wired to the joint bank account under the name of the JV company."
Malaysiakini has contacted 1MDB for its comments on this latest leak.
The leaked minutes appears to corroborate a report by The Star in July that two 1MDB directors had resigned in protest after the US$700 million intended for its JV with PSI was diverted.
Similarly, The Edge had also reported that US$700 million from 1MDB's initial US$1 billion investment in the JV allegedly went instead to Good Star Limited, which the daily claimed was controlled by businessman Jho Low at the time.
1MDB had criticised The Star's report as sloppy reporting.
Besides asking for the US$700 million back, the leaked minutes also showed that the board of directors was concerned at the speed the 1MDB-PSI JV was formed.
"(It) raises questions as to whether adequate control measures, checks and balances were put in place to protect the company's (1MDB) interests," the minutes read.
It also stated that the directors wanted confirmation that all the assets injected into the JV by PSI were now owned by the JV.
The directors wanted these assets to be evaluated, and to receive a briefing on the evaluation.
Previous reports said these assets were oilfield assets in Turkmenistan.
The JV was called off in 2011 and 1MDB was compensated with a 49 percent stake in PetroSaudi Oil Services Limited (PSOSL) valued at US$2.2 billion.
This stake was sold to Bridge Partners International Investment in August that year in exchange for promissory notes worth US$2.32 billion.
This was the alleged assets 1MDB had in the Cayman Islands.


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