Friday, November 13, 2015

So the good name of the Attorney-General's Chambers damaged is it so?


 Image result for attorney general's chambers malaysia
Familiar turf? Corruption. Lies. Inept  Najib governance. Attorney-General Mohamed Apandi Ali Damned if you do and damned if you don’"Since it was Najib who created 1MDB, borrowed RM42 billion and invested the money and lost it, Najib should also be charged with sabotage," Mahathir wrote in his blog.
This is a crucial jurisprudential question which needs to be considered
 Najib is a continuous process that unravels itself layer by layer. the Attorney-General Mohamed Apandi Ali can reach decisions based on his perspectives and compulsions, but conclusions are based on hard facts and empirical evidence.unable to present a logical set of reasoning and evidence Problem is that Apandi Ali  searching for conclusions, so that he can shut the lid on 1MDB 

Mahathir said he was confused by the Attorney-General Mohamed Apandi Ali's statement that Khairuddin and Chang are charged with sabotage of the nation’s banking and financial system.Attorney-General Mohamed Apandi Ali get to the real story Thanks to the paradox of politics, I may be sticking my neck out saying this because there’s nothing certain in politics and impossible things invariably happen just to prove to us currently, with so much scepticism over the integrity of Attorney-General Mohamed Apandi Ali 

The doctor who turned out to be a pastry cook  If you were cooking up a formula for an ideal prime minister, the mixture would surely be a base of Solomon’s wisdom, with one ladle of Alexander’s strategic skills, topped off by the confidence of David, who slew heavily armed giants with a single sling-shot. But no recipe works without salt. Salt is luck


The luckiest thing that happened to Prime Minister Najib been equally lucky in finding Attorney-general Mohamed Apandi Ali  has metamorphosed into a first-rate hypocrite. the thin veil of protection draped around Najib given a virtual political asylum. Such thin prophylactic was never going to be sufficient protectiona gainst Malaysian outrage Corruption is a slippery slope for anyone in power  mislaid in that variable space between letter of the law and spirit of the relationship. 

 If you were cooking up a formula for an ideal prime minister, the mixture would surely be a base of Solomon’s wisdom, with one ladle of Alexander’s strategic skills, topped off by the confidence of David, who slew heavily armed giants with a single sling-shot. But no recipe works without salt. Salt is luck. Corruption opens space for needle questions 


 Minister Salleh Said Keruak. "To me, when there is any report made, action should be taken,"


Politician Datuk Khairuddin Abu Hasan (left) and lawyer Matthias Chang (white shirt) in court last month after facing charges under Sosma. – The Malaysian Insider pic, November 4, 2015.


also read this  The Royal Malaysia Police should record statement from Najib in connection with Khairuddin Hassan Police report

This point invites some introspection from the executive. Why the state is is biggest litigant? Is there a dichotomy between governance and public welfare?  Are we moving away from a welfare state to bureaucratic state? Why is the state fighting its own citizens with the taxpayers money? Are most of government decisions having a bureaucratic stamp arbitrary, irrational and a result of bureaucratic arrogance? This issue needs serious consideration.There can be an argument that while deciding this subjectivity may creep in, but this is part of life as no human decision can be purely objective. This militates against basic premises of Parliamentary democracy. has the danger of a possible elected autocracy and legislative anarchy, and history is replete with such examples all over the world.the state being largest litigant, it cannot be associated with process of selecting  Attorney General and judges.This point invites some introspection from the executive. Why the state is is biggest litigant? Is there a dichotomy between governance and public welfare?  Are we moving away from a welfare state to bureaucratic state? Why is the state fighting its own citizens with the taxpayers money? Are most of government decisions having a bureaucratic stamp arbitrary, irrational and a result of bureaucratic arrogance? 
A nation that cannot uphold its law cannot preserve its order. When Najib was smuggled out to safety, the authority of Mohamed Apandi Ali  abandoned the responsibility of.Attorney-general office Excuses, evasions and lies have shifted over 26 years; this central truth has not.Unsurprisingly, Anderson sneered at the establishment that knelt before him; contempt is the umbilical chord of the colonial, or neo-colonial, relationship. The crux Najib could not care a damn about those funny-looking Former attorney-general Abdul Gani Patail or the present Attorney-general Mohamed Apandi Ali 
 what was a rotten piece of paper the charge sheet against the Prime Minister Najib was on the verge of being charge for allegedly misappropriating RM42 million belonging to SRC International when then Attorney General Tan Sri Abdul Gani Patail, was abruptly relieved of his job on July 27the Attorney-General's Chambers refusal to prosecute 1MDB for providing inaccurate information and failing to give full disclosure when it sought approval from Bank Negara for overseas investment.
This was despite the central bank's recommendation for legal action against 1MDB,which was rejected by the Attorney-General's Chambers.To a question on speculation being rife that Najib changed the attorney-general to cover up a charge sheet on corruption prepared against him, Apandi made a vehement denial.
Attorney-general Mohamed Apandi Ali defended his actions against accusations of being politically biased, saying he is his own man and fears no one but Allah.
"I don't listen to anybody, I don't follow anybody, I don't get anybody's instructions.
"I only follow the law. I fear nobody except Allah," Apandi told
the A-G was the legal adviser to the government and the final arbiter on decisions to prosecute. “There isn’t a conflict of interest. Because prosecution is one thing, advising is another thing. And when it (comes to the) prosecution, you read the constitution, it is (the) absolute discretion of the public prosecutor, which is the A-G,” said Apandi. “Absolute discretion means he does not consult anybody, not even the chief of the executive. 
also read this Attorney-General Mohamed Apandi Ali the idiot and 1MDB scam that won’t die
It is odd that  should have chosen law and order as its final alibi after some exhausting self-laceration in its search for a credible explanation for the escape of Najib Why do we say “law and order” rather than “order and law”?  Simple. Law comes before order. Law defines the nature of order. Law is the difference between civilization and chaos. Law is evolutionary: the edicts of tribes, chiefs and dynasties lifted human societies from scattered peril to structured coexistence. The laws of democracy have vaulted us to the acme of social cohesion, for they eliminated arbitrary diktat and introduced collective will. The divine right of kings is dead; it has been reborn as the secular right of an elected Parliament.There is a dire need to promote constitutional morality and democratic values and a need to reduce litigation between government and citizens.Emile Durkheim defines law as social fact. Naturally the custom or practice which is acceptable to society in general gets translated in law, and society accepts and implements such law reducing role of the courts as interpreter of law.  Unfortunately in a society like ours, where a microscopic minority is in position to implement the law, it has resulted in more litigation, and  therefore democratization of our society is the only answer to this malaise.

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