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Game’s Up, Gani, Time To Go!

By Martin Jalleh

Lady Justice haunts and hounds Bolehland’s Attorney-General (AG) Abdul Gani Patail over his hidden hand in Anwar Ibrahim’s trials 10 years ago. The skeletons in his cupboard hang out. He can no longer hide behind the skirt of the Executive. The naked truth has caught up with him.

The latest expose on the AG having abused his power to fabricate evidence in Anwar’s trials was made by Lim Kit Siang in Parliament yesterday (Malaysiakini, 15.10.08). The veteran politician likened Gani to a “criminal” and demanded that he “resign immediately”.

Quoting unnamed sources, Kit Siang said that he understands that solicitor-general Idrus Harun had carried out an investigation into the claims (in a police report filed by Anwar) in July and “has concluded that the AG had indeed abused his power to fabricate evidence” against Anwar.

Several days before Kit Siang’s revelation, the public got to hear the startling claims by Mat Zain Ibrahim, a retired senior police officer who probed the infamous “black eye” incident involving Anwar in 1998, on Gani having allegedly tampered with evidence in the case (Malaysiakini, 10.10.08).

In a set of court documents Mat Zain Ibrahim implied that the actions of Gani, then a senior deputy public prosecutor, had delayed the investigation process and concealed facts from the then AG, the late Mohtar Abdullah.

Mat Zain’s claims were first made public during Anwar’s current sodomy trial in the Kuala Lumpur Sessions Court . Anwar’s lawyer Sulaiman Abdullah had read out the document in court during submissions on why Gani should not be involved in any aspect of the sodomy case.

(So serious were Mat Zain’s allegations that Sessions judge SM Komathy Suppiah ruled that the details, which were read out in court, were admissible in the ongoing proceedings of Anwar’s sodomy trial. She also lifted an initial gag order that prevented the media from publishing the details.)

Clear & Consistent Allegations

The above allegations are very “consistent” with the serious allegations of prosecutorial impropriety and the obstruction of justice, made against Gani Patail in the past, particularly during Anwar’s corruption case and the related Zainur Zakaria contempt case.

Zainur was sentenced to three months’ jail by High Court judge Augustine Paul on 30 Nov. 1998 for contempt of court when he made an application on Anwar’s behalf to stop Gani and Azahar Mohamad (then senior prosecutors) from further prosecuting in Anwar’s corruption case.

Anwar’s application was based on a statutory declaration made by lawyer Manjeet Singh Dhillon and a letter he wrote to the then AG accusing Gani and Azahar of threatening his client, S. Nallakaruppan, and asking the latter to fabricate evidence against Anwar.

Manjit did not mince his words: “I was shocked that Dato Gani even had the gall to make such a suggestion to me. He obviously does not know me. I do not approve of such extraction of evidence against ANYONE, not even, or should I say least of all, a beggar picked up off the streets.

“A man’s life, or for that matter even his freedom, is not a tool for prosecution agencies to use as a bargaining chip. No jurisprudential system will condone such an act (my emphasis).

“It is blackmail and extortion of the highest culpability (my emphasis) and my greatest disappointment is that a once independent agency that I worked with some 25 years ago and of which I have such satisfying memories has descended to such levels in the creation and collection of evidence.

“To use the death threat as a means to the extortion of evidence that is otherwise not there (why else make such a demand?) It is unforgivable and surely must in itself be a crime, leave alone a sin, of the greatest magnitude (my emphasis). Whether his means justify the end that he seeks are matters that Dato Gani will have to wrestle with within his own conscience.”

The Federal Court that heard the Zainur Zakaria (contempt) case freed Zainur from the contempt of court conviction. Presiding Justice Steve Shim said Gani should have given his personal explanation on the allegation that he had threatened Nallakaruppan to fabricate evidence against Anwar.

(The Federal Court was appalled by Augustine Paul’s conduct. They said it “gave the picture that he was behaving as though he was acting as counsel for the two prosecutors in the motion”. A pall had then hung over the judiciary and country.)

There was also the serious allegation by Anwar in his police report in July 1999 that the late Mohtar Abdullah and Gani had “subverted the cause of justice and violated the law” by not prosecuting then Minister for International Trade and Industry (MITI) Rafidah Aziz for corruption.

Anwar had attached a document signed by Gani (which was handed to Anwar when he was the DPM by the then AG) stipulating that a prima facie case had been made against Rafidah Aziz on five counts of corruption under Section 2(2),Ordinance 22, 1970.

Gani’s gall & guts

In spite of the alleged “blackmailing and extortion of the highest culpability” and the alleged interference of justice in shielding Rafidah Aziz, Gani was rewarded for allowing himself to be used and his position to be abused.

Commenting on Gani’s promotion to AG in 2001, Steven Gan of Malaysiakini would write: “Abdul Gani Patail is today tapped as Malaysia ’s top legal officer. The legal fraternity, and the rest of the country, cannot but be flabbergasted by this astounding appointment.

“This is, after all, the man – who as chief prosecutor in former deputy prime minister Anwar Ibrahim’s trials – was unable to get the dates of the alleged sodomy acts right, not once but twice. This is the man who was responsible for parading the infamous semen-stained mattress during the court hearings.

“More importantly, this is the man who the Federal Court said should provide ‘some answers to the allegations on the fabrication of evidence’ when it threw out the Zainur Zakaria’s contempt of court case.”

Karpal Singh had this to say then: “In the public’s interest, it is vital that the A-G, who is the highest legal officer in the country, be like ‘Caesar’s wife’, above suspicion” (Star, 19.12.91). Alas, no office has been viewed with more suspicion by the public than the AG’s Chambers!

De facto law minister Mohd Nazri Abdul Aziz has denied Kit Siang’s claims, stating that an investigation on the matter was still underway. He added that it was the Anti-Corruption Agency (ACA) and not the solicitor general who was probing the matter (Malaysiakini, 15.10.08).

What the defective de facto law minister says no longer matters to most Malaysians. Public perception of the office of the AG continues to deteriorate from suspicion and skepticism to scorn. With each added glaring revelation and allegation, Gani gains more contempt from the court of public opinion.

The recent claim by ex-deputy president of Sabah Progressive Party (Sapp) Raymond Tan that he had been instrumental in stopping the PM from ordering the ACA’s arrest of party president Yong Teck Lee, makes Nazri’s implicit insistence that the ACA will be independent, very laughable and ludicrous!

Abdul Gani Patail can no longer be trusted to honour his oath of office. He should go. But in Bolehland only the courageous (like Zaid Ibrahim) who hold on to their principles are willing to let go of high position.

Will Gani have the guts to give up and to salvage whatever honour he has left? Highly improbable! Perhaps the PM, who, with the invaluable help of Umno recently, will be riding off into the sunset quite soon, could assist the Attorney General on to his high horse?

(16 Oct. 2008)

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34 Replies to “Game’s Up, Gani, Time To Go!”

  3. I am sure the AG did not act the way he did purely on his own accord. If whatever said is true, he is the tool, not the schemer. Resign he must, but the ultimate solution to fix the “AG problems” the “ACA problem” and the judiciary lies elsewhere. Most important institutions of government were and are used by gutter political masters to legitimate illegal acts. We keep questioning the peculiar behaviour of AG, ACA and judges. We should perhaps ask who was PM then.

  4. So Uncle Kit and DSAI… we have crisis and corruption from the PM, DPM, IGP and AG right down to the money politics of UMNO. Do you think one fiery speech in parliament is going to make a difference? The corrupt machinery is soooooo big and has taken such deeeeep roots that I fear only a miracle will save us. The BN government will fight till the last drop of blood to save their right to personal wealth for their elite.

    But the question I ask in my heart is this :

    “Will PR be any different? If they were given the mandate to rule, in another 50 years, will there be another ‘Uncle Kit’ sitting in the opposition fighting against a corrupt PR government?”

    As long as a certain group of Malaysians are considered “Tuans”, and given preferential treatement, they will feel that they have the right to bleed our land of its riches for their personal coffers.

  5. not anyone can be AG unless you are willing to give up your pride and family values [deleted]

    only umno malays are willing to do so as they preferred taking ‘short-cuts’ in lives. [deleted]

    they may taken up all the top post in the government machineries and claimed to be great leaders to Malaysian…. [deleted]

  7. The only way to change is to do away all racist policy and they should be check and balance in the whole system. Since Malaysia administration is a joke and is like a circus, maybe we should adopt an animal system of control, like:
    An elephant to check the lion,
    the lion to check the dog,
    the dog to check the cat,
    the cat to check the rat, and
    the rat to check on the elephant.

  10. ///Will Gani have the guts to give up and to salvage whatever honour he has left? Highly improbable! Perhaps the PM, who, with the invaluable help of Umno recently, will be riding off into the sunset quite soon, could assist the Attorney General on to his high horse?///

    No, it takes less effort to pull him down. But the AG’s position is as secure as the PM, and more so because UMNO can do nothing to him.

  11. Mr. Gani, I urge and challenge you to deny the above article in the strongest manner if it does not has a thread of truth. Can you do it?

    Or you rather choose to keep silence as it reflects the truth nothing but the truth. The ball is now at your feet. I shall let you you have the Court.

    Come on, old chap. Don’t ride off into the sunset with your head hanging down and the tail between your hind legs.

  13. If there is any truth is what was said, then I would response thus:

    Fabricating evidence against a heavyweight politician is no small matter. Gani has no such guts nor such galls. I believe that he was a mere chip in the political game that was being played at that time. Whether it was pressure or advantage that he bowed to, matters not. Allowing himself through his office and position to be used in that game would stand as a wrong.

    Two lessons can be learned from this. First, secret political engagement in wrongs is foolish for political secrecy is neither the best nor the most reliable of friends. Second, political engagement with umno powers does not pay for the powers are unprincipled, unforgiving and ungrateful.

    And the advise: Never bow to umno. Never. For those in public administration, be reminded that God and conscience are your best guides and friends. Not umno.

  14. No tears for a spineless and undignified AG. Time for him to call it a day. How could he possibly sit on the highest chair in the judiciary with dark clouds hanging over his head.
    He has brought shame not only to himself, most definitely, to the nation. Must we Malaysians share his guilt and disgraceful acts?

  16. Old flatnose is just an example of the nature of government we been having for the past 30 years, he hasn’t opened his mouth and nor is their attitude going to change, and it looks like Anwar hasn’t got the numbers to affect a change to this oppression. Our only hope is with GOD and for the DYMM to sympathise with the rakyat.

  18. Yah right, usually the worm is around because there is a rotten system, if kill a worm other new worm will just take over, there is no end, we need to tackle the system, but it is just to see justice serve.

  19. Do not forget…who is the real person….that laid down such strong devilish foundations for UMNO to behave..as if they own us all..land and people.
    All are corrupted to the core..and after the master mind…Mahathir…Dollah and Najib cannot do anything…..as they are in the same clique…one hell of a greedy and corrupted lot.
    Acting…saying don’t listen to rumours…crying…can easily forget…and even go to mosque to swear…all sins ..forgiven!!
    What else UMNO guys will not do??
    Malaysians will be living in a merry go round lives…under UMNO government.
    Brave ones..must keep exposing UMNO and BN..lies..like we did…before … the 12th election…speaking .. ..till 13th election..non stop…to expose them…walk in the streets..if necessary….to let keDAILan.. DAP..and PAS know….they are not alone anymore.
    We will finish the job……next election…if Anwar finds it difficult to do it…with so much obstructions and briberies given to supposedly..cross overs….changing their minds..now not crossing???….suddenly some are so filthy rich…becoming…multi millionaires????
    No big deal!! Malaysians are no fools.
    We have waited so so long… 4 more years…that’s it…mission accomplished.

  20. The mastermind is pretending to be oblivious to whats happening all around. He seems to be painting a picture of himself being a hero and saint and helping us all by bringing down old sleepy head.
    This guy should be strung up on a pole and left to dry becuase during his rule the whole nation was robbed of a clean govt. He took us down the road of coruption, misuse of power and racial politics

  21. All problems and the creation of problems and trouble point to TDM and UMNO. GOD will destroy UMNO and its goons. UMNO has now used the royalty in giving out a warning to non malays. Are the malays that weak that it needs to be spoonfed?

    I’m getting tired of all these. Maybe I will join my children in their respective adopted countries.

  24. Article 145 (5) Subject to clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and….

    Article 145 (6) The person holding the office of Attorney General…… shall not be removed from office except on the like grounds and in the like manner as a judge of the Supreme court.

    So a tribunal will have to be set up to remove the Attorney General. It is easier to remove PM AAB through the UMNO supreme council where the members have the vested interest to succeed the PM, than to get a tribunal to try the AG.

    145 (3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence,…

    The PM does not have the authority to demand the Attorney general to act on what the AG has the discretion not to, or vice versa. Thus, it is unconstitutional for PM to restrict the AG to be involved in proceeding on any suspected offence. The only way to prevent it is to suspend the service of the AG while the tribunal is in progress, if one is convened. Clearly when the PM considered it proper for the AG not to be involved in a certain case, then that particular case cannot proceed until the position of the Attorney General is clarified, that is either he should remain in post or be removed. It is not correct to allow the case to continue by asking the AG to avoid it. The AG is duty bound to do act on his official capacity, and should a suspicion arises, with evidence to support such accusation, the matter should be resolved not by the PM, in his executive capacity, but by a tribunal as provided under article 145 (6).

  25. To expect AAB to activate reforms is asking for a miracle to happen.How can?For past 51 yrs,they(UMNO) raped the land w/out batting an eyelid!So lucrative were the spoils,do you seriously think they want to deny what is theirs for the taking?
    When a cat sees fish on the table,does it not reach out and grab it?
    At yesterday MCA gathering,AAB was asked if he should repealed the ISA? His instant reply was No!Becos he said even the US have a similar law like our ISA but he forgets(or seemingly forget) that the USA use that law to combat TERRORISM,not detain reporters,MP’s or bloggers!
    No wonder even his own party rejected him and forced him down.The whole bunch of them are really out to loot plunder until the cows come home.
    LKS,you and DSAI have to do something quick or else we go under very fast as you can very well see the credit crisis is extending its tentacles to the far reaches of the earth.Its only a matter of time we get sucked under.

  27. don’t forget he said

    – no they were not going to hold election and guess what
    – no the next pm is not connected to the mongolian
    – no umno is not bullying component parties
    – no he’s not stepping down
    – no he’s committed to reforms
    – no he’s against corruption

    So everybody next time you see a NO from this dimwit it’s a no no.

  28. Gosh, the foreigner and Mamakthir admirer Zak Hammaad is now saying that it’s OK to fabricate evidence to keep Anwar out of power. I think we should rescind his residence status and throw him back to wherever he came from. Most likely a place where barbarians reign supreme.

  29. Once in a while, you get a fanatic like Zak Hammaad who will say the most vile things about justice in Bolehland. The sad thing is that we didn’t invite him here – probably the Mamakthir did, and this immigrant is now polluting our sense of fairplay and justice.

  31. He claimed in previous posts he came here 16 years ago, for economic reasons. He can’t be an UMNO cybertrooper because he slams Badawi and most of UMNO as hard as he slams PR. He supports only one person – his hero Mamakthir whom he calls a “visionary”. Zak’s animosity towards Anwar is as strong as Mamakthir’s animosity towards Anwar – so they could be one and the same !

    This time he really overstepped the line by stating that it’s OK to fabricate evidence against Anwar to keep him in jail. Nothing – not even the constitution – is as important as keeping Anwar in jail.

    What a sore loser.

  32. Gani graduated with a third class honours degree in law from Universiti Malaya. Third class is the lowest pass grade available for the law course. By most accounts, he wasn’t (isn’t) that smart, but he knew how to play the politics with Mamakthir, and did all of Mamakthir’s bidding while as a prosecutor, and finally as the AG.

    The lack of transparency and meritocracy has cost this country dear – and this is a classic example for all to see. Unfortunately the new UMNO line-up will proceed with business as usual – so don’t expect changes. Bear with them until the next GE.

  33. zak hammad subscribes to the same principles as his hero, Dr. M. The end justifies the means. It’s completely ok fabricate evidence and charge and put people into prison for crimes they did not commit as long as it is for the ‘greater good’.

    It’s amazing that in many posts he preaches about Islam and the principles and teachings of Islam. Does Islam teach one that it is ok to fabricate evidence though threats and coercion? To jail a person on false charges? Does Islam say these are perfectly fine?

    zak hammad, clearly you are a poor choice to make arguments and claims on behalf of muslims and Islam. You don’t even believe in the principles of Islam which you try to portray to be so precious and close to your heart.

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