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The case of not leading by example

By Zakiah Hanum | February 20, 2012
The Malaysian Insider

FEB 20 — I was driving down the coastal road yesterday when I saw an army van ahead of me. The driver was in his fatigues, puffing away at the wheel.

While it may not be offence for people to smoke while driving, I find it unbecoming for a soldier on duty to do so. Fastidious you may think, but there is more as the said soldier drove through the red traffic light.

This type of errant behaviour amongst our uniformed personnel is not altogether unfamiliar, albeit this is the first time I have witnessed an army personnel flout the law. I have seen the police break traffic rules many times. I have also observed bad-manners and crass behaviour in local police officers on several occasions.
Continue reading “The case of not leading by example”

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Whole reward-punishment system becomes topsy-turvy if a deal can be struck with Shahrizat’s family

What is the response of the Minister for Women, Family and Community Development and Wanita UMNO leader Datuk Seri Shahrizat Abdul Jalil to the advice of her Cabinet colleague, Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz that her family repay the RM250 million government loan obtained for the scandal-ridden National Feedlot Centre (NFC) project?

Would she be telling the Cabinet meeting tomorrow her response to Nazri’s advice who had claimed that this was the best solution to put an end to the ongoing controversy without forcing her resignation as Minister?

Equally important, does the Prime Minister, Datuk Seri Najib Razak as well as the other Cabinet Ministers agree with Nazri?

Nazri’s shocking suggestion has raised many questions as well as evoked various scenarios.

Firstly, can a deal be struck with anyone facing or likely to face criminal charges for being caught in a sticky political situation? Continue reading “Whole reward-punishment system becomes topsy-turvy if a deal can be struck with Shahrizat’s family”

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Rebranding Rela into BN’s vanguard

— Bob Teoh
The Malaysian Insider
Jan 31, 2012

JAN 31 — Under the Government Transformation Programme (GTP), Rela is to be rebranded as part of a police “omnipresence.” But its massive build-up has raised suspicions that it may instead become Barisan Nasional’s (BN) vanguard or even an additional vote bank.

“When the chips are down, Rela will be with this government to defend the country. Do not cause havoc in this country because the 2.8 million Rela members will not stand idly by and watch the country descend into chaos,” he thundered to the noisy approval from a crowd of 30,000 Rela members gathered in Kuala Lumpur last Saturday.

Najib Razak seems at variance with his minister in charge of the GTP, Idris Jala. The GTP roadmap for combating crime requires Rela to help police keep “omnipresence” in 50 identified crime hot spots in the Kuala Lumur, Selangor, Johor and Penang.

But Najib talks about using Rela as a vanguard or vigilante when Umno or BN’s chips are down, and he wants Rela to contain demonstrators out to create public disorder. Continue reading “Rebranding Rela into BN’s vanguard”

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Instruct police to speed up NFCorp probe, ex-top cop tells Najib

By Yow Hong Chieh
The Malaysian Insider
Jan 26, 2012

KUALA LUMPUR, Jan 26 — Datuk Seri Najib Razak should use his powers as prime minister to expedite the probe into the National Feedlot Corporation (NFCorp), a former senior police officer said today.

Former city CID chief Datuk Mat Zain Ibrahim said Najib could instruct the police, graftbusters and the Attorney-General’s Chambers to finish investigating the scandal-hit livestock company within a fortnight.

“Straightforward criminal breach of trust cases like [NFCorp] need at most two weeks,” he said in a statement.

“If the PM says he can’t interfere in the investigation or decision to prosecute, that’s just a weak and childish excuse.”

Mat Zain pointed out that in 1998, then-Tun Dr Mahathir Mohamad had ordered him to quickly wrap up the high-profile investigation into Datuk Seri Anwar Ibrahim’s black eye, failing which a royal commission of inquiry (RCI) would be set up to look into the police force. Continue reading “Instruct police to speed up NFCorp probe, ex-top cop tells Najib”

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Perkasa’s perverted paranoia

— David Martin
The Malaysian Insider
Jan 24, 2012

JAN 24 — January is almost up and we’re already a few days into the year of the Dragon. Seems like it’s same old same old as the business of hate mongering are abound, at least where the self appointed moral guardians Perkasa are concerned.

Today, Perkasa’s secretary general claimed that the appointment of Selangor’s Menteri Besar as the state’s Executive Councillor in charge of Islam would result in a bigger threat to Islam from the Christians in the state.

Now Mr Attorney General, Mr Inspector General of Police & Mr Home Minister, if such unsubstantiated accusations are not seditious in nature, what is?

What’s with Perkasa’s paranoia with Christianity anyway?

Why are the Christians made the bogeyman for any & all threats to Islam in this country in the last few years? Continue reading “Perkasa’s perverted paranoia”

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Start law reforms by probing A-G, ex-cop urges PM

By Clara Chooi
The Malaysian Insider
Jan 12, 2012

KUALA LUMPUR, Jan 12 — Datuk Mat Zain Ibrahim today insisted Datuk Seri Najib Razak prove his impartiality by calling for a royal inquiry on Tan Sri Abdul Gani Patail over the Attorney-General’s alleged mishandling of several high profile cases.

According to Mat Zain, the prime minister should make formal representation to the Yang di-Pertuan Agong on the setting up of a tribunal to examine Abdul Gani’s actions.

“It would be the first step forward for PM Najib to restore the country’s criminal justice system which has been tainted for a long time. The people would accept no less than this,” the former Kuala Lumpur CID chief said today in a letter to Inspector-General of Police Tan Sri Ismail Omar.

Mat Zain said that Datuk Seri Anwar Ibrahim’s acquittal on Monday did not prove the Najib administration had not interfered in the case or the judiciary’s independence. Continue reading “Start law reforms by probing A-G, ex-cop urges PM”

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Ex-cop: Why is the gov’t afraid to act on Gani Patail?

Malaysiakini
Oct 27, 2011

A former senior police officer alleges that the Najib Abdul Razak administration is not willing to take action to form a tribunal against attorney-general Abdul Gani Patail for his alleged wrong-doings, following fears that it (the government) could also be similarly implicated in such crimes.

Mat Zain Ibrahim, in his open letter sent to Najib last week and made available to Malaysiakini today, claims that he briefed Najib in 2008 when he was still the deputy premier about Gani’s alleged misconduct.

In the open letter titled ‘Rule of Law government breaks its promises’, Mat Zain stated there is a public perception that Najib refuses to take action against Gani (right) because the premier feared the AG may expose some so-called secrets with regard to Altantuya Sharibuu or the Scorpene submarines purchase.

“I am of the opinion that YAB Datuk Seri and the government will do everything possible to avoid any criminal charges being preferred against Gani. The government is worried that should Gani be proven to have abused his powers for cheating or falsification/corruption, then simultaneously the government would then be guilty of having done the same thing since 1990.” Continue reading “Ex-cop: Why is the gov’t afraid to act on Gani Patail?”

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Mat Zain claims Najib knew of AG’s alleged wrongdoings

By Shannon Teoh
The Malaysian Insider
Oct 27, 2011

KUALA LUMPUR, Oct 27 — Datuk Seri Najib Razak said that Tan Sri Abdul Gani Patail should not have been involved in falsifying evidence in Datuk Seri Anwar Ibrahim’s 1998 “black eye” probe, a former senior policeman said today of his private meeting in October 2008 with the prime minister.

Datuk Mat Zain Ibrahim, who has led a one-man campaign to remove the Attorney-General (AG), said he had met Najib, who was then the deputy prime minister, to discuss his allegations against Abdul Gani (picture) and the then Inspector-General of Police Tan Sri Musa Hassan.

“Even though Gani’s intention might been to help the IGP (Tan Sri Rahim Noor), falsifying evidence is still wrong which he should not have done,” Mat Zain quoted Najib as telling him.

The former city criminal investigation chief also quoted Najib as saying “I got to know that (former IGP Tan Sri) Musa (Hassan)’s role was not as bad as Gani’s and I think he can get away with it.” Continue reading “Mat Zain claims Najib knew of AG’s alleged wrongdoings”

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Judicial tribunal for AG and Ct of Appeal judge

b) Judicial tribunal into serious allegations of graft and abuse of power against Attorney-General Abdul Ghani Patail

In the past few months, many serious allegations of graft and abuse of power had been made against the Attorney-General Tan Sri Abdul Gani Patail notably by the former Kuala Lumpur CID Chief Mat Zain Ibrahim in a series of open letters, former MACC panel member Tan Sri Robert Phang and blogger Raja Petra Kamaruddin.

These allegations included falsifying facts and evidence in Opposition Leader Datuk Seri Anwar Ibrahim’s infamous “black eye” incident in 1998, the graft case against Shahidan Shafie and the judicial abuses in the Altantunya Shaaribuu murder trial.

Unless Gani Patail take legal action against these allegations, the Prime Minister should set up a tribunal to clear the name of the Attorney-General as these are very serious allegations which if unrebutted can only undermine public confidence in the professionalism, independence and integrity of the Attorney-General but also key national institutions, including the judiciary, the police and the MACC. Continue reading “Judicial tribunal for AG and Ct of Appeal judge”

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At variance with the Constitution

REFLECTING ON THE LAW
By SHAD SALEEM FARUQI
Star
October 5, 2011

The clear intention of the 1957 Constitution was to allocate penal powers to the Federal Government and to confer on the states residual powers over minor syariah offences.

WHENEVER a general election appears to be around the corner, some people find it politically profitable to stoke the embers of controversy about the need for an Islamic state and its accompanying requisite – hudud laws – ie, laws relating to crimes, punishments and rights and duties that are mentioned in the Holy Quran.

Such a season of polemic is with us again and a few observations are in order.

First, it is a fact that since the 80s, many Muslims have been aspiring to give centrality to the Syariah in our legal system.
While this religious quest is understandable, its realisation requires massive legal reconstruction of the basic legal edifice.

We must be open-eyed about these changes and must accomplish them in accordance with, and not in disregard of, the constitutional charter.

Second, respecting the sensitivities and rights of other religious communities and living in peace and harmony with them under a system of just, fair and compassionate governance is also an important requirement of the Syariah.

Example of other Muslim countries where the hudud has been enforced and how hudud’s implementation has impacted on war, peace or social harmony needs to be thoroughly studied. Continue reading “At variance with the Constitution”

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The Premier’s Mistake

By Mat Zain bin Ibrahim

We all make mistakes. It’s only natural as human being, that we have our own weaknesses and that we get things wrong from time to time.

Prime Minister Dato Seri Mohd.Najib Tun Razak,like any other ordinary human being, naturally has weaknesses and do get many things wrong from time to time, albeit not ready to own-up to any of them.However, with due respect, I am of the opinion, that one of his greatest misjudgement was retaining Tan Sri Abdul Gani Patail as the Attorney General.

PM Najib knew all along, well before he assume the Premiership, that the AG have been proven to be involved in some criminal wrongdoings. Despite being warned, that retaining the AG would be an added liability to himself and a big risk to his administration, he chose to let the AG not only to remain in office, but gave the latter wider space.

I know for certain, that the PM was fully advised on this matter. The possibility of the PM not being able to fathom the seriousness of the issue should not arise at all.
Continue reading “The Premier’s Mistake”

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Nazri says Tajuddin did not disclose interests in MAS deals

By Shannon Teoh
The Malaysian Insider
Oct 06, 2011

KUALA LUMPUR, Oct 6 — The government said today that Tan Sri Tajuddin Ramli had breached the Companies Act by not disclosing his interests when he was chairman of Malaysia Airlines (MAS).

But Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said that the fine incurred by Tajuddin has been postponed as the case involves a civil suit that has not been resolved.

The de facto law minister said that reports made by the national carrier against its former boss had been referred to the Attorney-General in 2006.

“Based on the investigation, evidence shows that he had breached section 131 of the Companies Act which involves ‘disclosure of interests’.

“As the case involves a civil claim that has not been resolved, he asked the Attorney-General’s Chambers to delay the compound. The A-G’s Chambers has granted the request,” Nasri said in a written reply to Lim Kit Siang (DAP-Ipoh Timor) in Parliament today. Continue reading “Nazri says Tajuddin did not disclose interests in MAS deals”

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Any DPP can charge A-G

Letters
Mat Zain Ibrahim
30.09.2011

IF YDP AGONG CAN BE DECIEVED,WORST THINGS CAN HAPPEN TO US

The Attorney General has been challenged to account for the three expert reports, he was alleged to have fabricated in an investigation into a particular case. Notwithstanding mounting public outrage for the AG to come clean on this issue,he chose to maintain a deafening silence, instead of making known his position.

Should he finds it tough though, to account for all the three,which is understandable, he should at least show his sincerity by giving an account for just one of them. Any one of the three that he is comfortable with, will do.

For the benefit of all, the first expert report was dated 26 October 1998.The said report together with the second expert report was properly tendered during the Black-Eye RCI proceedings in 1999, which was duly recorded by the Commissioners. However, before the RCI’s final report was presented to YDP Agong ,the said first report went missing.

No other persons other than the maker of the documents and the AG himself have personal interests over those expert reports.

The onus to account for the making and the subsequent disappearance of the said report dated 26.10.1998 before it reached The Agong, lies solely on Tan Sri Abdul Gani Patail,the AG. Fabrication of evidence is one thing, how it was disposed of, is another. Continue reading “Any DPP can charge A-G”

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What has happened to the rule of law?

— P. Ramakrishnan
The Malaysian Insider
Sep 24, 2011

SEPT 24 — We must not forget the larger issues involved in the case simply because the government had decided to get out of a messy situation for its own good.

The Barisan Nasional government created this untenable position that cannot be sustained by logic and facts. As a cover-up for its high-handedness, it is posturing itself as a generous institution that is capable of being considerate. The fact is it is trying to extricate itself from this unjustified and cruel action against these helpless people who only meant well.

It is unthinkable that people will be deluded by this gesture of the police. Malaysians are no more gullible or naïve to be easily fooled by such tokenism. The reprehensible conduct of the police cannot be condoned. Continue reading “What has happened to the rule of law?”

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Time for CSL and MCA Ministers to declare whether they agree MACC and MACC officers must be held responsible for TBH’s death

The time has come for the MCA President Datuk Seri Chua Soi Lek and the four MCA Ministers to end being “dumb and deaf” and declare whether they agree with the Bar Council that the Malaysian Anti-Corruption Commission (MACC) and MACC officers must be held responsible for Teoh Beng Hock’s (TBH) death at the MACC headquarters in Shah Alam on July 16, 2009.

The Bar Council submission to the TBH Royal Commission of Inquiry made public yesterday had recommended that five MACC officers be investigated under Section 304A of the Penal Code for culpable homicide not amounting to murder for the death of TBH, viz: former Selangor MACC deputy chief and “mastermind” of the massive and unlawful 33-men MACC operation which resulted in Beng Hock’s death, Hishamuddin Hashim; Selangor MACC investigations chief Hairul Ilham Hamzah; investigation officer Mohd Anuar Ismail, interrogation officer Mohd Ashraf Mohd Yunus and Klang MACC assistant enforcement officer Zulkerfly Aziz.

The five should also be investigated under Section 304A of the Penal Code for causing Teoh’s death by negligence. Continue reading “Time for CSL and MCA Ministers to declare whether they agree MACC and MACC officers must be held responsible for TBH’s death”

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Axe AG, Mat Zain tells Najib

By Shannon Teoh
The Malaysian Insider
Jul 29, 2011

KUALA LUMPUR, July 29 — Datuk Mat Zain Ibrahim has called on Datuk Seri Najib Razak to sack Tan Sri Abdul Gani Patail for repeatedly failing to initiate charges in high-profile cases such as the death of Teoh Beng Hock.

The former city criminal investigation chief said that the Attorney General would “try his best to trick his way to avoid prosecuting those who have clearly given false testimony” in the recent royal commission of inquiry (RCI) into how the former DAP aide fell to his death in a Malaysian Anti-Corruption Commission (MACC) office.

“For the sake of national interest and holding to the Rule of Law, we hope that the prime minister seriously considers using powers that only he possesses under Article 125 (3) and Article 145 (6) of the Federal Constitution to solve this long-standing crisis,” he wrote in an open letter to the Inspector-General of Police. Continue reading “Axe AG, Mat Zain tells Najib”

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RCI report: Gobind throws Gani a challenge

By G Vinod | July 27, 2011
Free Malaysia Today

KUALA LUMPUR: DAP national legal bureau chairman Gobind Singh Deo wants Attorney- General Abdul Gani Patail to explain why the three MACC officers found responsible for the death of Teoh Beng Hock cannot be charged under the Penal Code.

“If you can’t find anything under the Penal Code to charge them with, come debate with me and I will tell you how,” said Gobind.

Gobind said under the Federal Constitution, only the Attorney-General’s office has the power to prosecute anyone in a court for a criminal offence.

He was speaking at a forum attended by about 500 people at the Kuala Lumpur Selangor Chinese Assembly Hall here yesterday.
Continue reading “RCI report: Gobind throws Gani a challenge”

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AG must go if MACC trio not charged, says DAP

By Shazwan Mustafa Kamal | July 27, 2011
The Malaysian Insider

KUALA LUMPUR, July 27 — DAP has given Tan Sri Abdul Gani Patail an ultimatum: Either prosecute the three Malaysian Anti-Corruption Commission (MACC) officers linked with Teoh Beng Hock’s death or resign as Attorney-General.

MACC announced on Saturday the temporary suspension of the three officers named in the Royal Commission of Inquiry (RCI) report — former Selangor MACC deputy director Hishammuddin Hashim and enforcement officers Arman Alies and Mohd Ashraf Mohd Yunus — pending the outcome of an internal probe.

The commission also said yesterday that it will only probe the three officers, and has remained silent on extending investigations to other officers in connection to this case.
Continue reading “AG must go if MACC trio not charged, says DAP”

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Home minister ‘cooking up’ laws

By Tarani Palani | June 30, 2011
Free Malaysia Today

KUALA LUMPUR: Opposition MPs today criticised Home Minister Hishammuddin Hussein for acting outside the law in banning the yellow Bersih 2.0 T-shirts and questioned the legal basis for the Bersih-related clampdown.”We have a minister who is making the law on the run without parliamentary sanction,” said DAP stalwart Lim Kit Siang, adding that even Inspector-General of Police Ismail Omar’s warning that any paraphernalia related to Bersih as illegal was deplorable.

During a press conference in Parliament, the Ipoh Timur MP said that such interpretation of the law coming from the home minister who had a legal background was disappointing.

He added that the opposition MPs, who had elements of yellow in their attire, were protesting the clampdown by the authorities and to show support for a peaceful Bersih demonstration on July 9.
Continue reading “Home minister ‘cooking up’ laws”

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Mat Zain: Bala’s SD might save cops on death row

Malaysiakini
Jun 27, 11

Former Kuala Lumpur CID chief Mat Zain Ibrahim has urged Inspector-General of Police Ismail Omar to intervene in the decision of the Attorney-General’s (AG’s) Chambers not to charge private investigator P Balasubramaniam with falsifying a statutory declarations (SDs).

In an open letter to Ismail, Mat Zain said the contents of Balasubramaniam’s statutory declarations, if tested in court, may influence the outcome of the Altantuya Shaariibuu murder case.

Two young police personnel, Azilah Hadri, 33, and Sirul Azha Umar, 36, were both sentenced to death for Altantuya’s murder.

However, political and defence analyst Abdul Razak Baginda was acquitted of abetment without his defence being called. Prosecutors did not appeal the decision.

“If the judge had mistakenly freed Abdul Razak, that is inconsequential. Maybe that is his luck. But we cannot allow the judge to mistakenly sentence Azilah and Sirul to death. Continue reading “Mat Zain: Bala’s SD might save cops on death row”