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AG robs police of authority with CPC amendments

Hafiz Yatim
Malaysiakini
Jun 12, 2012

EXCLUSIVE Several high-profile criminal cases could well have been swept under the carpet on the instruction of the Attorney-General’s Chambers.

This follows claims that amendments to the Criminal Procedure Code (CPC) five years ago have strengthened the attorney-general’s position in police investigations as his office can, at any time, demand the investigation papers of a case even if it has not been completed.

As a result, the AG’s Chambers can at times be seen as influencing the direction of police investigations, something that has never before happened in the force.

Former Kuala Lumpur Criminal Investigation Department (CID) chief Mat Zain Ibrahim, who raised this controversial matter, said the amendments to the CPC passed by Parliament in 2006 and enacted since 2007, have resulted in the police force losing some of its independent investigation powers. Continue reading “AG robs police of authority with CPC amendments”

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It’s time to repeal the Sedition Act

— Jeyaseelan Anthony
The Malaysian Insider
Jun 05, 2012

JUNE 5 — The Sedition Act has reared its ugly head again. This time it is against Irene Fernandez and former Perak Mentri Besar, Datuk Seri Nizar Mohamed.

We have seen how the Sedition Act was used against Karpal Singh, a prominent lawyer and politician, when he was charged for insulting the Sultan of Perak for saying that His Majesty should not interfere with matters concerning the state and that he can be sued for doing so. Some may wonder what sedition is all about as the word sounds very serious and terrifying.

No doubt it is a serious and terrifying offence as one may be imprisoned for merely voicing out different views and opinions. Worst still one may even be branded as a criminal, not for committing crimes like theft and murder but by only having different views or opinions that may be interpreted as being anti-establishment by the powers that be.

The prime minister had announced recently that the Sedition Act will be reviewed. This article posits that the Sedition Act 1948 should not be reviewed but repealed. The question is why?

I say this because, any piece of legislation which imprisons people for holding different views and opinions is to say the least, draconian. Such a law should not be a part of any legal system. Continue reading “It’s time to repeal the Sedition Act”

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Say what, PM?

— Lucius Goon
The Malaysian Insider
Jun 02, 2012

JUNE 2 — Does Najib Razak really listen to himself? Or does he just read a speech and love the bluster.

He was at his Umno best today at the Yang di-Pertuan Agong’s birthday, threatening to crush anyone who threatened law and order (just for clarification, he was not talking about the million illegals in Sabah who pose a law and order threat or the foreigners being given documents so that they can vote in Selangor but I suspect his ire was directed at Pakatan Rakyat and Bersih).

One line in his speech caught my attention: the ends must never justify the means, said Najib.

That is a good joke coming from the prime minister who has watched/encouraged/stayed silent as:

1) Perkasa/Pekida and other thugs encouraged by Umno have started a wave of violence against political opponents and Malaysians who don’t support the current regime.

2) Mat Rempits and other groups are funded and encouraged to beat up and harass anyone identified as a threat by the BN government. Ambiga Sreenevasan, Nurul Izzah and Lim Guan Eng come to mind. Continue reading “Say what, PM?”

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Is Malaysia under rule of law or law of jungle where Radio Free Sarawak presenter Peter John Jaban can disappear for 6 hours after arrival in Miri without anyone in authority claiming knowledge or responsibility?

Is Malaysia under the rule of law or the law of jungle where Radio Free Sarawak presenter Peter John Jaban can disappear for six hours after arrival in Miri this morning without anyone in authority claiming knowledge or responsibility?

I have just spoken to Jaban’s lawyer, Alan Ling, the DAP Piasau State Assemblyman in Miri, and he confirmed that he is completely in the dark as what to has happened to Jaban some six hours after he met him at the Miri Airport on his arrival from Kota Kinabalu.

Alan had just spoken to the Miri police less than an hour ago and he was again told that the Miri police had no instruction or was not in anyway involved in Jaban’s arrest or disappearance.

Jaban had arrived in Miri from Kota Kinabalu in an Air Asia flight at about 10.45 am and as the Miri police had assured Alan that there was no instruction for Jaban’s arrest, Jaban had left the airport for Miri town with the Miri PKR chairman Dr. Michael Teo.

On their way to town, three men in a Proton car stopped Teo and Jaban, and Jaban was taken away.

Six hours have passed and nobody knows what has happened to Jaban or he is, safe or otherwise – and whether the three men who took Jaban away were from the police specially dispatched to Miri to apprehend Jaban, and if so, why the Miri police have been kept completely in the dark. Continue reading “Is Malaysia under rule of law or law of jungle where Radio Free Sarawak presenter Peter John Jaban can disappear for 6 hours after arrival in Miri without anyone in authority claiming knowledge or responsibility?”

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Is the Bar Council playing politics?

— Rueban Balasubramaniam
The Malaysian Insider
May 18, 2012

MAY 18 — The Malaysian government has recently criticized the Malaysian Bar Council for playing politics in reaction to the Bar’s resolution that the police had used excessive force against demonstrators at the recent Bersih rally.

The government argues that the Bar is not being “impartial” in its assessment of governmental action. It alleges that the Bar is now operating effectively operating as a political opposition party.

The objection that the Bar is playing politics is not new. Former prime minister Dr Mahathir Mohamad has in the past recorded this critique of the Bar. Indeed, he has joined in the government’s response to the Bar’s recent resolution about police conduct during the Bersih rally.

This line of criticism of the Bar displays a fundamental misunderstanding of the role of the Bar as articulate defenders of the ideal of the rule of law and democracy.

To start with the rule of law, it is an ideal that is widely contrasted with arbitrary power. A commitment to the rule of law requires that before a government can claim that its actions are legally and politically legitimate, it must show that its actions accord with a sound interpretation of relevant laws. Continue reading “Is the Bar Council playing politics?”

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New leads require reopening of Altantuya murder case

Mat Zain Ibrahim | Apr 11, 2012
Malaysiakini

COMMENT

May I make reference to several reports on the statements made by Dr Setev Shaaribuu who is here in Malaysia searching for justice for his murdered daughter, Altantuya.

Kindly allow me to offer my comments on the subject matter.

I reiterate my previous statements that were made public, that there has been a great deal of hanky panky, manipulation and concealment of material evidence, in the handling of the Altantuya murder trial, led by none other than Gani Patail the AG himself.

Gani Patail’s refusal to put to test both P Balasubramaniam’s statutory declarations (SDs) made on July 3 and 4, 2008 against his own evidence in court, and/or against Abdul Razak Baginda’s very own affidavit affirmed in January 2007, and Razak’s oral evidence during the trial, was clearly a deliberate act of concealment and/or suppression of material evidence from being produced before the judge in Altantuya’s murder trial. Continue reading “New leads require reopening of Altantuya murder case”

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Teoh’s death: A-G’s ‘afraid’ to prosecute

by Teoh El Sen
Free Malaysia Today
April 7, 2012

Former KL CID chief Mat Zain Ibrahim claims the A-G is looking after his own interest in deciding not to charge anyone over Teoh Beng Hock’s death.

PETALING JAYA: With the amount of skeletons in his closet, Attorney-General Abdul Ghani Patail would be “digging his own grave” if he prosecutes anyone over the Teoh Beng Hock’s death, said a retired senior policeman today.

Ex- Kuala Lumpur criminal investigation department(CID) chief Mat Zain Ibrahim said this was the reason why Ghani was being cowardly and ‘afraid’ to institute criminal proceedings against any persons recommended by the royal commission of inquiries (RCIs).

“It’s for his own survival. Ghani will not institute any criminal proceeding against any person or persons that are being recommended by any RCIs.

“It is not about lack of evidence or that the case needs further investigation from the appropriate Department or anything to that effect. The RCIs recommendations are valid and proper.

“I state without any hesitation, that Ghani is himself very afraid to take any actions.

“To institute any criminal proceeding against those persons would be like digging his own grave.

“It is like putting himself in the same boat with those people he is suppose to charge and prosecute.

The only difference would be those people may have only one charge hanging over their heads,while Gani Patail has several times more,” said Mat Zain in an e-mail to FMT today. Continue reading “Teoh’s death: A-G’s ‘afraid’ to prosecute”

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AG intentionally snubs Agong’s RCIs, says former senior cop

By Shannon Teoh
The Malaysian Insider
Apr 06, 2012

KUALA LUMPUR, April 6 — Datuk Mat Zain Ibrahim added today the purported snubbing of the Agong to the list of accusations he has levelled against Tan Sri Abdul Gani Patail after the Attorney-General (AG) refused to say if his office would prosecute three anti-graft officers who allegedly drove Teoh Beng Hock to suicide.

The royal commission of inquiry (RCI) into the DAP aide’s 2009 death had recommended that action be taken against then-Selangor MACC deputy director Hishammuddin Hashim, assistant enforcement office Arman Alies and assistant superintendent Mohd Ashraf Mohd Yunus.

But the country’s top lawyer instead told reporters yesterday the case has been referred back to the Malaysian Anti-Corruption Commission (MACC) after emerging from a meeting with de facto law minister Datuk Seri Nazri Aziz and MACC investigation chief Datuk Mustafar Ali. Continue reading “AG intentionally snubs Agong’s RCIs, says former senior cop”

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Tribunal will show A-G’s hand in Altantuya trial, says Mat Zain

By Shazwan Mustafa Kamal
The Malaysian Insider
Mar 26, 2012

KUALA LUMPUR, March 26 — Datuk Mat Zain Ibrahim today continued to pressure the prime minister to investigate the Attorney-General for alleged abuse of power, arguing that a tribunal will prove Tan Sri Abdul Gani Patail’s “manipulation” in the Altantuya Shaariibuu murder trial.

PM Datuk Seri Najib Razak had on Friday said there was no need to probe claims against the A-G made by Mat Zain and former Bukit Aman commercial criminal investigations chief Datuk Ramli Yusoff, saying they were mere allegations.

But Mat Zain claimed today a tribunal would “expose the wrongdoings of Abdul Gani in manipulating, hiding material evidence” in the Altantuya trial.

The A-G’s manipulation, said the ex-cop, was evident with the change in prosecutors in the trial, where deputy public prosecutor Datuk Sallehuddin Saidin was replaced by Datuk Tun Majid Hamzah. Continue reading “Tribunal will show A-G’s hand in Altantuya trial, says Mat Zain”

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Probe on AG and ex-IGP if Pakatan captures Putrajaya

Nigel Aw | Mar 26, 2012
Malaysiakini

DAP supremo Lim Kit Siang has declared that Pakatan Rakyat will probe attorney-general Abdul Gani Patail and former inspector-general of police Musa Hassan for alleged criminal wrongdoing if it captures federal power in the next general election.

This, he said, is because Prime Minister Najib Razak’s refusal to act on former Commercial Crimes Investigation Department (CCID) chief Ramli Yusuff’s complaint that Gani had fixed him and his team of police officers after they arrested an underworld figure.

“If there is no judicial tribunal, then we have to go back to the mandate of the people for a tribunal to find out whether we have criminals as the (former) head of police and attorney-general,” Lim told a 5,000-strong crowd at a Pakatan Rakyat ceramah in the Kuala Selangor stadium last night.

Lim said the allegation made by a former top police officer was unprecedented even in other countries and should have warranted an immediate investigation from the premier.

Last Friday, Najib had dismissed calls for a tribunal, stating that it was merely a claim which had yet to be substantiated.

Following this, Ramli expressed his disappointment that he and his officers, which he said had been wrongly charged but subsequently cleared by the courts, have been denied any avenue for justice. Continue reading “Probe on AG and ex-IGP if Pakatan captures Putrajaya”

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Pakatan will probe A-G, Musa if elected to power, says Kit Siang

By Shazwan Mustafa Kamal
The Malaysian Insider
Mar 26, 2012

KUALA SELANGOR, March 26 — Pakatan Rakyat (PR) will investigate Attorney-General Tan Sri Abdul Gani Patail and former Inspector-General of Police Tan Sri Musa Hassan for alleged criminal involvement if elected to federal power, Lim Kit Siang pledged last night.

“Pakatan Rakyat will form a judicial tribunal to find out whether the criminal allegations against the former IGP, Attorney-General are real,” he told 5,000 people at a PR ceramah here.

Lim, the DAP parliamentary leader, stressed that a tribunal was “necessary” as claims have been made against the two by senior police officers — former Bukit Aman commercial criminal investigation chief Datuk Ramli Yusoff and ex-Kuala Lumpur CID chief Datuk Mat Zain Ibrahim.

Both have urged Prime Minister Datuk Seri Najib Razak to probe Abdul Gani and Musa for claims of abuse of power.

But Najib had said on Friday the claims did not merit a tribunal as they were mere allegations. Continue reading “Pakatan will probe A-G, Musa if elected to power, says Kit Siang”

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Najib should explain to Parliament whether he is acting on the AG Gani Patail’s advice that there is insufficient evidence for a judicial tribunal to be empannelled against the AG himself?

The Prime Minister, Datuk Seri Najib Razak should explain to Parliament whether he is acting on the Attorney-General Tan Sri Gani Patail’s advice that there is insufficient evidence for a judicial tribunal to be empanelled against the Attorney-General himself?

Or has Najib acted on the advice of the de facto Law Minister Datuk Seri Nazri Aziz?

Najib should be forthcoming and tell Parliament whether and how many times he had consulted Gani on the issue, and who are the other judicial, legal and other officers he had consulted before he came to the conclusion to reject the call for a tribunal to investigate serious allegations of abuses of power against Gani Patail which have been made not only by the former Commercial Crime Investigation Department (CCID) chief Datuk Ramli Yusoff but also the former KL CID Director Datuk Mat Zain. Continue reading “Najib should explain to Parliament whether he is acting on the AG Gani Patail’s advice that there is insufficient evidence for a judicial tribunal to be empannelled against the AG himself?”

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An incident that ‘should not have happened’

by Dina Zaman
The Malaysian Insider
Mar 21, 2012

MARCH 21 — Excerpt from Memali incident chapter.

Tunku Muszaffar Shah Tunku Ibrahim’s book, Memali: A Policeman Remembers is a first-hand account of the tragedy. It is an emotional book, written by a man with deep regrets. It may have served as a cathartic tool for the writer, but nevertheless has mythologised Ibrahim Mahmood nee Libya, and Memali as a martyr and a victim of a political bung-up.

On page 49, he wrote, “… the instruction given by those higher up that under no circumstances were the police to use force. Instead, they were to withdraw if there was retaliation.” This sentence was published, in bold. On page 71, he and the Director of Internal Security and Public Order entered Libya’s home, after the fracas, and Tunku found a woman and a child hiding under a bed. No weapons were found in the house.

“It would have been more appropriate for the Special Branch to arrest (Libya) when he was on his way to give political talks in Selama Kedah/Perak,” instead of attacking the man and his people in his stronghold (Page 79).

The book also included the infamous White Paper which tabled out 79 points of facts and dates leading up to the Memali Tragedy. It was signed by the then Deputy Prime Minister of Malaysia of 1986, then Datuk (now Tun) Musa Hitam. Continue reading “An incident that ‘should not have happened’”

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Surat Terbuka – SALAHLAKU GANI PATAIL : MENUBUHKAN TRIBUNAL???

Mat Zain bin Ibrahim
16 Mac 2012.

Kepada;

YDH Tan Sri Ismail Hj.Omar,
Ketua Polis Negara,
Bukit Aman,
Kuala Lumpur.
[email protected]

YDH Tan Sri,

SALAHLAKU GANI PATAIL : MENUBUHKAN TRIBUNAL???

Saya meramalkan bahawa PM Najib, TIDAK akan menasihatkan YDP Agong untuk menubuhkan Tribunal, menyiasat tingkah laku Tan Sri Abdul Gani Patail,Peguam Negara,walaupun beberapa banyak pendedahan salahlaku jenayah telah dibuat terhadap beliau sejak 13 tahun yang lampau.

PM Najib lebih rela memansuhkan undang-undang ISA dan Ordinan Dharurat,atau menubuhkan Suruhanjaya Di-Raja Siasatan dalam kes lain.Malah beliau bersedia membenarkan suami Shahrizat dituduh di-Mahkamah dan jika terdesak, akan sanggup membiarkan Sharizat dan anak-anak mereka juga dituduh kerana bersubahat.

Namun,dalam keadaan apa pun,PM Najib tidak akan membiarkan penubuhan Tribunal, jika penubuhan tersebut adalah untuk menyiasat Gani Patail dan Musa Hassan mantan Ketua Polis Negara,khasnya berkaitan memberi atau merekacipta keterangan palsu dalam sesuatu penyiasatan atau pendakwaan. Continue reading “Surat Terbuka – SALAHLAKU GANI PATAIL : MENUBUHKAN TRIBUNAL???”

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Ex-cop says tribunal probe will implicate A-G, Musa in ‘black eye’ case

by Clara Chooi
The Malaysian Insider
Mar 16, 2012

KUALA LUMPUR, March 16 — A former senior policeman wants Datuk Seri Najib Razak to set up a tribunal to investigate Tan Sri Abdul Gani Patail and Tan Sri Musa Hassan, saying that this would find the duo guilty of fabricating evidence in Datuk Seri Anwar Ibrahim’s “black eye” incident.

Datuk Mat Zain Ibrahim, who was the investigating officer in the “black eye” case, claimed today that both men were never investigated for “evidence fabrication” and had only been cleared of “abuse of power” allegations.

He claimed this could be a “new lead” that would warrant the formation of the tribunal.

The former KL CID chief said only a tribunal endorsed by the Yang di-Pertuan Agong could conduct a probe on Abdul Gani as the latter is currently the Attorney-General. Musa is a former Inspector-General of Police.

But Mat Zain predicted Najib’s refusal to heed his request, pointing out that Abdul Gani and Musa’s conviction would prove that Anwar had been victimised during the 13-year-old case. Continue reading “Ex-cop says tribunal probe will implicate A-G, Musa in ‘black eye’ case”

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Are Najib and Cabinet Ministers going to keep quiet about the serious allegations of corruption and subversion of the rule of law in 2007 involving the three topmost officers of the land, the AG, IGP and DG of ACA?

Today, Malaysiakini followed up on the revelations and serious allegations by former Commercial Crimes Investigation Department (CCID) Chief Datuk Ramli Yusuf during his 60th Leap Year birthday celebrations last month that he was a victim of Attorney-General Tan Sri Abdul Gani Patail’s abuse of his constitutional powers with new information on the “bizarre five-year-old case allegedly involving the country’s most powerful police officer, the attorney-general and an underworld figure”.

The question now is whether the Prime Minister, Datuk Seri Najib Razak, and Cabinet Ministers are going to keep quiet about the serious allegations of corruption and subversion of the rule of law with regard to the case in 2007 involving the three topmost officers of the land, the Attorney-General, the Inspector-General of Police and the Director-General of the Anti-Corruption Agency (before it later became Malaysian Anti-Corruption Agency). Continue reading “Are Najib and Cabinet Ministers going to keep quiet about the serious allegations of corruption and subversion of the rule of law in 2007 involving the three topmost officers of the land, the AG, IGP and DG of ACA?”

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Ramli: MACC used ‘shady character’ to frame me

Hafiz Yatim | Mar 3, 2012
Malaysiakini

Retired Commercial Crime Investigation Department director Ramli Yusuff revealed more on his Malaysian Anti-Corruption Commission (MACC) experience with details on how it used a convicted criminal to frame and press charges against him.

At his birthday speech on Wednesday, he said that the MACC had used this shady character’s statement while he was still in custody under the Emergency Ordinance, as the foundation to build up the charges against him, particularly those he had faced in Kuala Lumpur.

“Imagine this, the MACC relied on the words of a shady character who was under custody and detained under the Emergency Ordinance and then converted to restricted residence, and later released after they secured his cooperation to frame me by making allegations that in 1999 I was paid corruption money through an officer.

“These allegations were supposed to have come from a source involved in a slew of organised crimes, including illegal money lending (loan sharks), illegal character lottery, prostitution and drug pushing in Johor.

“The notes of evidence in court (proceeding) show so clearly that all these allegations were mere fabrications,” he said.

The MACC, Ramli added, did not even dare produce the man in court to prove that statement. Continue reading “Ramli: MACC used ‘shady character’ to frame me”

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The system stinks – Dare Najib set up a judicial tribunal to investigate into serious allegations by former CCID director that AG had abused his powers?

The system stinks. For the first time in more than a decade, there are now serious allegations of gross abuse of power against one of the highest officers of the land – the Attorney General – by another high-ranking officer.

Dare the Prime Minister, Datuk Seri Najib Razak get the Cabinet to set up a judicial tribunal to investigate into the serious allegations by the former Commercial Crimes Investigation Department Chief Datuk Ramli Yusuf that the Attorney-General Tan Sri Abdul Gani Patail had abused his constitutional powers to ensure that there is justice and fair play in the land?

The serious allegations made by Ramli are not new to informed and knowledgeable Malaysians as they have been in the public domain for quite some time, but this is the first time that it has been made specifically by Ramli in public against Gani, which warrants serious and instant attention and action by Najib if the Prime Minister is sincere and serious in wanting to carry out a government and national transformation in the country where abuses of power and corruption are regarded as anathema under his administration. Continue reading “The system stinks – Dare Najib set up a judicial tribunal to investigate into serious allegations by former CCID director that AG had abused his powers?”

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Ex-CCID chief blasts Gani for ‘fixing’ him

Hafiz Yatim Mar 1, 2012
Malaysiakini

Former Commercial Crimes Investigation Department chief Ramli Yusuff described in detail yesterday how he and his men had been fixed by the attorney-general since 2007, and how they were vindicated by the courts in being acquitted of the charges.

He also described how the AG, Abdul Gani Patail, used the Malaysian Anti-Corruption Commission (MACC) against him and his men.

Celebrating his birthday again on a leap year yesterday, Ramli said in a speech that it all began when his officers were entrusted with taking action against a syndicate member who was sent to Jeli, in Kelantan to serve restricted residence (RR) order.

The man had been accused of being involved in organised crime, including loan sharking, running an illegal lottery syndicate, prostitution and drug pushing in Johor.
Continue reading “Ex-CCID chief blasts Gani for ‘fixing’ him”

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MAS scandal: The gov’t must let the truth be told

Mat Zain Ibrahim | Feb 22, 2012
Malaysiakini

I am referring to the report made by MAS against Tajudin Ramli to the Malaysian Anti-Corruption Commission (MACC) almost three years ago. This report has been in the public domain since Aug 23, 2010, when it was first published by Malaysia Today. It’s still there until today.

On May 20, 2009, Shahari Sulaiman, then the managing director of MASKargo, on the instructions of MAS management, lodged a report with the MACC. He alleged that when Tajudin Ramli took over MAS in 1994, the national airline company had RM600 million cash in reserves but when he left, the company had accumulated losses to the tune of RM8 billion. Former prime minister Mahathir Mohamad quoted the losses at RM9.4 billion as at 2000.

MAS also gave details of Tajudin’s various fraudulent dealings and also raised allegations of collusion between the police and the Attorney-General’s Chambers and in fact naming the parties alleged to be involved in the same report.

However, the report falls short of alleging the inaction of the former prime minister Abdullah Ahmad Badawi, who is now MAS adviser, although it gave details of those senior MAS management who were present during the briefing by the former police director of the Commercial Crime Investigation Department (CCID), on March 26, 2007 at the Prime Minister’s Office. One of them is Idris Jala who is now a cabinet member. Continue reading “MAS scandal: The gov’t must let the truth be told”