Friday, January 29, 2016

The misadventures of attorney-general Mohamed Apandi Ali. to save Najib just wave a magic wand

The Legal God, clears Prime Minister Najib Razak of Any Criminal Wrongdoing
 Democracy is in danger of subversion by a self-confident,aggressive, articulate, patriotic and well-meaning force, the oligarchy of the successful. It might be a mild exaggeration to suggest that its principal characteristics are aftershave and English.Our response to a scandalous mess is neat and categorised. Cash and sex are the north and south pole of mass interest, each with a sprawling magnetic field. We divide the hemispheres with the equator of logic. Cash and corruption are the preserve of politics. Sex is the province of glamour. We refuse to recognise any cross-over evidence.
Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said yesterday said no one could challenge the A-G's decision for not charging Najib of any wrongdoing in the RM2.6 billion donation and SRC probes-
Azalina, a lawyer, said the law gave the A-G ultimate discretion on whether to pursue a case in court, and as such Malaysians should stop debating the case further. "The discretionary powers given to the A-G under Article 145(3) is final, it cannot be challenged or replaced by any other powers including the court," she said in a statement."Under Article 145 (3) of the Federal Constitution, the A-G has power only to institute, conduct and discontinue any (criminal) proceedings, but has no authority to order any investigation agency to close its investigation papers.
Image result for with just a wave of my magic wand
to solve a difficult problem with no effort Unfortunately, you can't just wave a magic wand and get rid of Najib
I've written before about the unholy alliance of business and state that sells our elections and our legislative process to the highest bidder. That same unholy alliance is corrupting our  Attorney-general Mohamed Apandi through a deep and effective campaign to buy off judgement before a trial the way that  have been purchased. Fired Attorney General Abdul Gani Patail has been leading a government investigation.. This was according to documents on the money trail provided by Malaysian investigators, WSJ and Sarawak Report said.A larger tranche of US$681 million was also transferred ino Najib’s accounts, originating from a British Virgin Islands company and going through Falcon Private Bank in Singapore, they reported.
Sources told Malaysiakini that MACC had not mentioned the return of the funds in the papers submitted to the AG.
Najib has repeatedly denied any wrongdoing and accused those making corruption allegations against him of plotting his downfall.
 not the Courts but(A-G)Apandi adjudicate
 Former prime minister Tun Dr Mahathir Mohamad had accused Apandi of playing the roles of judge and prosecutor. "That decision is in fact a judgment. The A-G is both judge and prosecutor. That in itself is an injustice,

the BNM states that it “is duty bound to conduct its investigations with the highest professional care and diligence,” clearly implying that it has done everything that is expected of it in investigating 1MDB over various allegations of wrongdoings where such wrongdoings come within the purview and ambit of the BNM’s functions, duties and powers.

 Bank Negara Malaysia (“BNM”) broke tradition to deliver a very public statement of its obvious disagreement and disenchantment with the Attorney-General over the latter’s failure to proffer charges against those responsible for causing 1MDB to breach the provisions of the Exchange Control Act (“ECA”) 1953.

Najib and Rosie2

I've written before about the unholy alliance of business and state that sells our elections and our legislative process to the highest bidder. That same unholy alliance is corrupting our  Attorney-general Mohamed Apandi through a deep and effective campaign to buy off judgement before a trial the way that  have been purchased. Fired Attorney General Abdul Gani Patail has been leading a government investigation into


Attorney-general Mohamed Apandi Ali must explain why he didn't let the Malaysian Anti-Corruption Commission (MACC) get overseas bank statements relating to the RM2.6 billion donation received by Prime Minister Najib Abdul Razak.

MACC operations review panel member Lim Chee Wee said the graftbuster needed Apandi's consent on its request to get the documents under the mutual legal assistance (MLA) agreements.Equal before God: to close the Constitution is the final word
The misadventures of attorney-general Mohamed Apandi Ali. to save Najib
The PM got it right the first time It may sound ugly, but then in ’s narrative ugly The problem is, once you evolve this doctrine and tactical
You can’t blame our bureaucrat . It’s in the nature of the beast, a question of self-preservation. The more schemes Well meaning laws, if badly framed, can become a tool for extortion. Attorney-general Mohamed Apandi Ali has called on the Washington Post to apologise for a critical article on the PM
The surprising aspect of the episode is why an article about the PM in foreign media should elicit such a strong reaction from the attorney-general Mohamed Apandi
This has no place in any democracy  Please tell us what not to do. If we decide not to do anything, they  will take our place.. This has been interpreted to mean that anyone accused should be arrested the moment a complaint is registered.massive corruption everywhere in Malaysia, to extent of misuse of this provision  — for the sake of extortion or plain settling of scores — can easily be imagined.  if the law isn’t serious about prosecuting such offences, then no amount of tweaking the law will help.

Tan Sri Mohamed Apandi Ali is accused of playing prosecutor and judge after he announced there was to close in the RM2.6 billion donation saga. – The Malaysian Insider file pic, January 28, 2016."It is the duty of the court to determine whether one is guilty of a crime," he added. On December 31, MACC deputy commissioner Datuk Seri Mohd Shukri Abdull said the body had yet to complete the RM2.6 billion probe and needed to obtain documents and statements involving several financial institutions overseas. “These documents and statements can only be taken through mutual legal assistance (MLA) as they are tied to the banking laws of the countries involved,” Shukri had said in a statement soon after MACC passed investigation papers to Apandi. But Apandi on Tuesday said there was no need for Malaysia to seek legal assistance from any other country in order to investigate the funds, because he found that no offence had been committed. "I will return the relevant investigation papers to MACC with the instruction to close three investigations papers," the A-G had said.
Attorney-General Mohamed Apandi Ali had ignored the Malaysian Anti-Corruption Commission (MACC) recommendation to charge Prime Minister Najib Abdul Razak, said a news report.
Quoting a source, Reuters said the commission had suggested that the prime minister be charged with criminal misappropriation.
"It's a pretty straightforward case.
"We made recommendations for charges to be filed that the attorney-general instead chose to reject," said the source, who declined to be identified or elaborate on MACC's findings.
Reuters said the attorney-general's office was not immediately available for comment.
Yesterday, Malaysiakini reported that MACC had recommended three charges under Section 403 of the Penal Code.
Sources familiar with the investigations said the charges were related to the transfer of funds originating from SRC International to Najib's private bank accounts.
Section 403 concerns "dishonest misappropriation of property".
Those found guilty are liable for a jail sentence of not less than six months and not more than five years, with whipping and shall also be liable to a fine.
Investigators also told Malaysiakini the funds from SRC International, a former 1MDB subsidiary now under the Finance Ministry, came from the Retirement Fund Inc (KWAP), a pension fund for government servants.
"We monitored the money trail and it came from KWAP," said one investigator.
Apart from this, sources also claimed that investigators were prevented from probing the money trail outside of Malaysia.
On Tuesday, Apandi said there were no grounds to press charges against the prime minister and instructed the MACC to close the files.
MACC had submitted three investigation papers, one on the RM2.6 billion and two on the SRC International case, where RM42 million was transferred into the prime minister's accounts.
As for the RM2.6 billion, Apandi said the sum was confirmed to be a political donation from the Saudi royal family, with no strings attached.
He also disclosed that Najib had returned RM2.03 billion in August 2013 back to the donor.
Sources told Malaysiakini that MACC had not mentioned the return of the funds in the papers submitted to the AG.
Najib has repeatedly denied any wrongdoing and accused those making corruption allegations against him of plotting his downfall.

 Former prime minister Tun Dr Mahathir Mohamad had accused Apandi of playing the roles of judge and prosecutor. "That decision is in fact a judgment. The A-G is both judge and prosecutor. That in itself is an injustice," Dr Mahathir had said
Attorney-General (A-G) Tan Sri Mohamed Apandi Ali has no authority to order the Malaysian Anti-Corruption Commission (MACC) to close investigations into the RM2.6 billion donation in the prime minister's bank accounts, says a former A-G.
Tan Sri Abu Talib Othman also said that Apandi had not helped MACC to obtain documents and statements from abroad as part of its probe, under the mutual legal assistance (MLA) initiative.

"Under Article 145 (3) of the Federal Constitution, the A-G has power only to institute, conduct and discontinue any (criminal) proceedings, but has no authority to order any investigation agency to close its investigation papers.
"This is a case of public importance that has attracted worldwide attention, the A-G must help the MACC to collect evidence as the source of the fund is outside Malaysia," Abu Talib told The Malaysian Insider
He was responding to Apandi's statement on Tuesday that Najib had not committed any criminal offence over the donation and the Finance Ministry-owned SRC International Sdn Bhd, and that there was “insufficient evidence” to file charges against the prime minister. Ideally, said Abu Talib, the A-G should allow MACC to complete the probe and render whatever assistance needed, as the source of the fund was outside Malaysia. "Whether to institute prosecution is to be decided after the probe," said the 77-year-old Abu Talib.

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