a website dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters
Wednesday, December 30, 2015
Unfortunately horrifying Najib's assault against law and order
Former Attorney-General Tan Sri Abu Talib said Malaysian Anti-Corruption Commission (MACC) cannot express its views on the investigations on the Prime Minister. MACC’s role is only to investigate and pass the investigation papers to the ‘mai dari entah mana’ A-G for his decision whether to prosecute the case or not.
Shall we run a poll and ask the people what they think about the A-G (Apandi Ali)? The very fact that the MACC will hand over the investigation papers to the AG immediately implies that the MACC feels there is a case for prosecution.
It is like this folks, if there is no case or if the MACC has not found anything worth prosecuting, then the MACC WILL NOT HAND OVER ANY INVESTIGATION PAPERS to the A-G. The MACC will just close the file. Period. There is no such thing as the MACC submitting an investigation paper to the A-G with the recommendation “Insufficient Evidence” or “No Further Action” or “Case Closed”. It does not work that way.
The moment an investigation file is opened, investigations are completed and the MACC hands the file over to the A-G, then their recommendation will be to pursue the case in court. ONLY then is it up to the A-G to decide whether to prosecute the case or not. Yes the A-G has the final say whether to charge the person in Court or to declare an NFA (No further action).
Mai dari entah mana Attorney-General of Malaysia
Our Federal Constitution envisages that the Attorney-General will always be a man or woman of unquestionable integrity. A fearless person who is honest and will uphold the Constitution (please stop laughing – this is a serious matter). Unfortunately, thus far, the public does not seem to perceive the ‘mai dari entah mana’ A-G as fitting this shoe size.
The brand new A-G has been revived and brought to life again at the age of 65 when most retirees begin to forget the details of their past careers.The new A-G was brought in after the incumbent Tan Sri Gani Patail was unceremoniously removed under the most suspicious circumstances and without following normal procedures. The smoke screen thought up in July was that Gani Patail was too sick to perform his duties. Well they forgot to ask Gani Patail about how sick he wasbecause Gani is still walking, talking and doing all the usual things.
Since his appointment, the new A-G has omitted and committed many things, almost all of which appear more and more strange to the Malaysian public. Note the following:
1. Just like MACC will submit their investigation papers to the new A-G soon, Bank Negara Malaysia (BNM) also submitted their investigation papers to the new AG with a very strong and made-known-to-the-public recommendation that the A-G should prosecute 1MDB for certain crimes. The A-G acted quite predictably. The Governor of BNM made appeals that the case be prosecuted and yet the answer was the same.
2. The new A-G then held an unprecedented Press ‘conference’ where he read a prepared statement (he did not say prepared by whom) then promptly left the room without taking any questions from the Press whom he had summoned.
3. The new A-G also did not prosecute the Ali Tinju fellow. He said that the video evidence was insufficient. The A-G should explain to the public how cases were prosecuted before the invention of video? Especially a case where multiple witnesses were present.
4. The A-G did charge Khairuddin and his lawyer, Matthias Chang under the SOSMA for lodging police reports against 1MDB. Here the new A-G again bungled because there is a proviso under the Penal Code to deal with the crime of making of “false Police Reports”. Perhaps to avoid exactly that, Khairudin employed the services of a lawyer to make sure his Police report was not a false report. But Khairudin’s lawyer was also arrested and charged. Strangely (this is where the new AG bungled). Khairudin and his lawyer were never charged with making a false Police report. Instead the new AG charged them with ‘economic sabotage’ under SOSMA. Then the Court threw out their 28 day remand and Khairuddin and his lawyer have been freed.
5. The new A-G then withdrew the case against that NFC fellow (the husband of the Wanita leader who has pledged her support to the PM) while his trial was already being conducted in Court. The A-G withdrew the case based on a letter written to him by the defense counsel.
6. Back to the 1MDB matter, the new A-G did say that he had advised the PM to give a statement to the MACC. Then he said that he also told the MACC to “complete their investigations by December 2015″. Isn’t this considered interfering with the investigations? Isn”t it an offence to interfere with an official investigation? The MACC is an independent body. If the AG gave instructions to the MACC to wrap up their investigations by December 2015, the public will question if he also gave the MACC other instructions? Why December? Christmas holidays?
Why didn’t the new A-G advise the PM to go on leave pending the outcome of the investigations? Surely justice must not only be done but it must be seen to be done as well. So as the Legal Advisor to the government, why didnt the new A’-G tell the PM who is under investigations to go on leave?
Looking at all these strange omissions and commissions in such a short space of time (in just about three months) by this brand new, crawled-out-of-the-darkness A-G, it is no surprise then that the public has little faith in him. Period.
Many Malaysians have already formed an opinion about what the new A-G will decide when the MACC submits the results of their investigations to him. He was a former defeated UMNO candidate in the elections. Most certainly the PM did not choose him to be A-G because of his advanced age or his non-projection of a s*nil* appearance.
The PM’s other brown nosers say that the PM should be forgiven as past PM’s too had made mistakes. Well obviously if they are going to destroy the difference between right and wrong, between corruption and justice they have to go all the way. There is a huge difference between making a mistake and committing a crime.
When people make mistakes no criminal investigations are made by Bank Negara Malaysia, the MACC or the Police. The Police, Bank Negara and the MACC do not investigate ‘mistakes’. They only investigate crimes.
A mistake becomes a mistake when the outcome of an action is different from what was intended and despite the efforts that were put in. Obviously a mistake happens when there was insufficient knowledge of the risks involved that will cause disaster. You planted oil palms in an area that later suffered serious flooding which destroyed the plantation.It was a mistake because you ignored a river running through the plantation. That would be a mistake. The Police, MACC and BNM will not investigate your mistake as a crime.A crime requires two elements : a niat jahat and then the actions necessary to carry out your niat jahat. Mens rea to think up a crime and the actus rea to carry it out.
The question is how many PMs before this
set up a company using taxpayers money.
got involved with dubious characters.
siphoned out money outside the country.
then brought it back disguised as ‘donations’.
broke their own Bank Negara rules.
fired the AG, fired the DPM, removed the head of the SB, jailed people etc.
All those people were fired, removed, transferred, arrested, jailed just for exposing a mistake? It is obvious that the people who say this was just a mistake are looking for favours. They are also criminals themselves.
A crime is a crime. If we are required to ‘close one eye’ or ‘close both eyes’ towards crime, then why have laws in the first place? Why do we need the Police, the Courts or the AG? Just disband the Police, the Courts and let the AG go back to being in goodly spirits.