December 6, 2010
BREAKING NEWS: Mahathir’s Political Crony, Al-Toyol was charged at Shah Alam Sessions Court
Former Selangor Menteri Besar and Mahathir political crony, Dr Mohd Khir Toyo (Al-Toyol) has been charged with corruption, alongside Ditamas Sdn Bhd director Shamsuddin Haryoni. Al-Toyol was charged under Section 165 of the Penal Code, with knowingly accepting a bribe, in form of two plots of land in Section 7, Shah Alam, for his mansion at a substantial discount from Shamsuddin.
Istana Toyol with the help of Ketok Magik
Istana Toyol with the help of Ketok Magik
Judge Azhaniz Teh Azman Azhanis then set bail at RM750,000.Can we expect more to come ? In PKFZ, where some UMNO big wigs are involved in a scandalous land acquisition deal, and in Tourism Malaysia, for example.–Din Merican
http://www.malaysiakini.com/news/150062
December 5, 2010
Bar Ragunath from the Bar!
by Din Merican
On November 24, Raja Petra Kamarudin (RPK) exposed the Haj pilgrimage scandal involving Attorney-General (AG) Gani Patail and the former Malaysia Airlines Chairman Tan Sri Tajudin Ramli’s proxy, Shahidan Shafie.
And after doing all these evil deeds, they purport to repent and put on a public show of visiting God’s house in Mecca to seek forgiveness.
ACT 1: Enter Robert Phang
On November 30, Tan Sri Robert Phang Miow Sin, a member of the Consultation and Corruption Prevention Panel of the Malaysian Anti-Corruption Commission (MACC) gave a press conference demanding AG Gani Patail to explain his conduct as exposed by RPK. Phang also accused AG Gani of selective prosecution and mentioned several cases including that of Lawyer Rosli Dahlan.
The alternative media has created the perception that Rosli has been victimised as a result of his professional role in pursuing civil and criminal action against former Malaysia Airlines chairman Tan Sri Tajuddin Ramli.
Phang said that Rosli had been victimised because he pursued civil and criminal actions against Tajudin Ramli. MACC’s apparent reluctance to take any action against Tajuddin and Shahidan raised a lot of suspicions, especially since report by the MD of MASKargo, Shahari Sulaiman, specifically mentioned Shahidan Shafie as Tajuddin’s proxy who orchestrated the police closure of the MAS case. Shahidan has his wheeling dealing tentacles everywhere in the law enforcement agencies. He is Mr Fixit.
Shahidan Shafie is known as Mr. Fixit
The AG refuses to drop the case against Rosli Dahlan
Yet, AG Gani refused to allow MACC to withdraw the case against Rosli. According to AG Gani, he has absolute discretion under Article 145(3) of the Federal Constitution and there is nothing anyone can do about it. AG Gani flatly rejected the recommendation by MACC’s Chief Commissioner, Dato Seri Abu Kassim, to withdraw the charge against Rosli. Abu Kassim knew that the MACC is flogging a dead horse in Rosli’s case. Abu Kassim told Tan Sri Robert Phang, former Senator Dato William Lau and several others that the MACC did not want to drag Rosli’s case any further. But AG Gani Patail said NO. He wanted to teach Rosli a lesson as a signal to everyone else never ever to go against him.
AG Gani flatly rejected the recommendation by MACC’s Chief Commissioner, Dato Seri Abu Kassim, to withdraw the charge against Rosli.
ACT 2: Minister Nazri Aziz and the Mainstream Media
When Tan Sri Robert Phang gave his press conference on November 30, he was concerned that the MACC was being seen as a rubber stamp to all the wrongs committed by AG Gani Patail as accused by Dato’ Mat Zain Ibrahim, formerly OCCI KL, in his public letters. But the main stream media (MSM) - The Star, The NST, Utusan Malaysia and Berita Harian were extremely quiet, as if there was a news embargo to report against anything about AG Gani or Shahidan. The same MSM selectively chose not to report on Robert Phang‘s press conference. Those that reported, picked Phang‘s quotes very selectively.
Selective Reporting and Spin by Mainstream Media (MSM)
Yet, the next day, the MSM widely publicised Minister in the Prime Minister’s Department, YB Dato‘ Seri Mohd Nazri Aziz, slamming Phang for that press conference. Feeling hurt that Nazri had used some unMinisterial language on him, Phang responded with a biting press statement. Again, the MSM embargoed Phang’s press statement, which you can see in my previous posting. Phang is no old coot who only whines. To take on Nazri Aziz, a person has to be a “real jantan“. Those are not my words. Those are Nazri’s words whenever he challenges anyone. Now that Phang has retorted, we will wait and see whether Nazri barks and bites to see who is the real jantan between them!
Nazri had used some unMinisterial language
To be fair to Phang, his retort to the Minister is legitimate. There was no necessity for Nazri to be over defensive by being offensive. The public has a right to know if AG Gani is compromised by his relationship to Tajuddin’s proxy. The public is entitled to know if AG Gani’s decision not to pursue action against Tajuddin is tainted by his close relationship with Shahidan. Is that an innocent social relationship? If it is, since when have they known each other? Did they know each other when the AG Chambers decided to close the MAS case?
Shahidan Shafie: Mr Fixit and Tajuddin’s Proxy
As for Shahidan, he has a chequered and dubious past. He was charged for bribery when he was the OC Secret Societies in Johore. It would be unbelievable for the AG if he claims he did not know this. The MACC has this record on Shahidan. Shahidan’s cousin and adopted sister, Rizana Daud, is married to Tajuddin’s brother, Bistamam Ramli. Tajuddin made Rizana the Company Secretary of MAS when the plunder of MAS occurred. When Tajuddin left, MAS had accumulated debts amounting to RM8.8 billion.
As for Shahidan, he has a chequered and dubious past. He was charged for bribery when he was the OC Secret Societies in Johore. It would be unbelievable for the AG if he claims he did not know this.
Is the AG about to say that he did not know all that about Shahidan? Earlier on, RPK had produced eye witness accounts and photographs of AG Gani being beside Shahidan throughout his bereveament over his son’s death– from daylight to sunset. If that is not close relationship, what is then?
The AG: A Public Official?
That brings us to this issue – isn‘t the Attorney General a public officer? Isn‘t there a code of conduct that governs him as a public officer that the MACC should apply against him in evaluating the appropriateness of his conduct in consorting with Shahidan? If the MACC wants to take action against the AG, they can resort to Perintah Am Bab D (Tatakelakuan dan Tatatertib) Pegawai Kerajaan. But I am not going to teach the MACC to do their job. I pointed that out because there is a Malay proverb -“ Hendak seribu daya, tak hendak seribu dalih“ ( where there is a will, there is a way.)
ACT 3: Sudden Appearance of Ragunath Kesavan, Malaysian Bar President
What I really wanted to say in this piece is about the behavior of the President of the Malaysian Bar, Ragunath Kesavan. He is a strange creature. Instead of focusing on his mandate to serve the interest of his legal fraternity, he dabbles in politics. coming from the President of the Malaysian Bar. His recent statement in defence of AG Gani’s conduct is echoing Minister Nazri’s statement. Why is that coming from the President of the Malaysian Bar?
He is a strange creature. Instead of focusing on his mandate to serve the interest of his legal fraternity, he dabbles in politics.
In case you wonder what is the Malaysian Bar, let me explain. The Malaysian Bar is a body, like an association, that represents all lawyers in the country. To be a lawyer, you must be admitted to the Bar. The Bar is managed, governed and regulated by a committee that is elected by lawyers called the Bar Council, which is established under the Legal Profession Act. Ragunath Kesavan is the President of the Bar Council , which means he is supposed to voice out and protect the interest of his members – the lawyers in this country. Is he doing that?
We are now seeing a public spat between Robert Phang and Nazri Aziz. Phang wants AG Gani to explain his conduct, but Nazri says AG Gani owes no explanation to Phang whom Nazri regards as someone ordinary from the street. Phang has openly slammed AG Gani for victimizing Lawyer Rosli Dahlan. And Phang is not even a lawyer. He is not an office bearer in the Bar Council and he has nothing to do with the Bar. He is a social activist fighting for the cause of justice, and he sees injustice in the way Lawyer Rosli was treated.
Now should not that be the role of the Ragunath, President of the Malaysian Bar? Do we hear Ragunath issuing any statement to support Rosli as a member of the Bar? When an opportunity is created by Robert Phang, did Ragunath show his leadership of the Bar by articulating the misconducts of the AG with Shahidan? Sadly No!
Instead, we have the President of the Bar, Ragunath Kesavan, sounding apologetic, sympathetic and even defensive of AG Gani Patail. I am repulsed by the comments made by Ragunath to Malaysiakini’s Hafiz Yatim on December 3. When asked whether AG Gani should be made answerable, Ragunath said: “I am not sure whether Abdul Gani should answer them, but we feel it would depend solely on him to respond.”
Ragunath also said that he was aware of the photographs of AG Gani’s visit to Shahidan’s house posted on the Malaysia Today website, but then apologetically added that “There were many other people there, not only Abdul Gani, and this should not be an issue.” The AG spent more than a normal visiting hours at the funeral too !
Shahidan Shafie (his hand slightly covering his face) consoled by the Attorney-General
When Ragunath was asked about any possibility of a relationship between AG Gani and Shahidan that would have prompted the “no action” against Tajuddin, Ragunath dismissed it as just a rumour. A rumour?! What is wrong with this man?
Ragunath also question that the situation between AG Gani and Shahidan : Still there is no proven link ?
Ragunath also said that the situation between AG Gani and Shahidan differed from the VK Lingam/CJ Eusoff Chin affair and then added that – “In the present case, there is no proven link and that without such evidence, the Bar Council would not be critical about the allegations made against AG Gani.”
I was aghast upon Ragunath’s answers. This man is an embarrassment to the Bar, which had gained so much respect during the tenure of its previous President, Dato’ Ambiga Sreenevasan. Either he is a political moron, or he has a personal agenda. There are so many things that he could say about as to the proper conduct of a public officer like the Attorney General. He could refer to the Perintah Am Bab D (Tatakelakuan dan Tatatertib) Pegawai Kerajaan which is clearly applicable to AG Gani Patail:
BAHAGIAN II TATAKELAKUAN
4.(2)Seseorang pegawai tidak boleh—
(a) membelakangkan tugas awamnya demi kepentingan peribadinya;
(b) berkelakuan dengan sedemikian cara yang mungkin menyebabkan kepentingan peribadinya bercanggah dengan tugas awamnya;
(c) berkelakuan dengan apa-apa cara yang mungkin menyebabkan syak yang munasabah bahawa—
(i) dia telah membiarkan kepentingan peribadinya bercanggah dengan tugas awamnya sehingga menjejaskan kebergunaannya sebagai seorang pegawai awam; atau
(ii) dia telah menggunakan kedudukan awamnya bagi faedahnya sendiri;
(d) berkelakuan dengan sedemikian cara sehingga memburukkan nama atau mencemarkan nama perkhidmatan awam;
(e) kurang cekap atau kurang berusaha;
(f) tidak jujur atau tidak amanah;
(g) tidak bertanggungjawab.
All Ragunath had to do was to tick any of the above limbs that would apply to AG Gani Gani in his relationship with Shahidan. In case his frozen brain is still uncertain which limb is applicable to AG Gani Patail, now let me help him – tick “All of the above“. Truly, AG Gani Patail’s conduct breeds more than just suspicion that he had been compromised.
Ragunath could also have alluded to the fact that the AG’s post is that of a Federal Court Judge as provided for under Art. 145(1) of the Federal Constitution. That would subject AG Gani to some analogy to the Judges’ Code of Ethics as provided for in Art.125(3B) of the Federal Constitution where a Judge can be removed for conduct unbecoming or for causing disrepute to the judiciary. This would include consorting or fraternizing with people of ill repute or disrepute or people of dubious reputation :This Code of ethics may be cited as the Judges’ Code Of Ethics 1994
Judges’ Code Of Ethics 1994 (amended in 2000)
2. 2. (1) This Code of Ethics shall apply to a judge throughout the period of his service. (1) This Code of Ethics shall apply to a judge throughout the period of his service.
(2) The breach of any provision of this Code of Ethics may constitute aground for the removal of a judge from office.
3. 3. (1) A judge shall not –
(a) Subordinate his judicial duties to his private interests’ ;
(b) Conduct himself in such manner as is likely to bring his private interests into conflict with his judicial duties;
(c) Conduct himself in any manner likely to cause a reasonable suspicion that:
- He has allowed his private interest to come into conflict with his judicial duties so as to impair his usefulness as a judge; or
- He has used his judicial position for his personal advantage;
(d) Conduct himself dishonestly or in such manner as to bring the Judiciary into disrepute or to bring discredit thereto;”
Look Ragunath, I am not a lawyer, but I am not too lazy to read or too dishonest to say things just to please certain people. I say to you, stop playing politics when it affects the life and well being of the people you are sworn to protect. You are the Bar’s President, yet you behave so shamelessly in defence of AG Gani instead of defending your fellow brother at law, Rosli Dahlan. There is a Malay proverb to describe your betrayal of your brother lawyer- “Harapkan pagar, pagar makan padi”.
I have been attending Rosli Dahlan’s trial from Day 1.
Let me say this to you also. I have been attending Rosli Dahlan’s trial from Day 1. In the beginning there was not even a representative from the Bar Council. After I started writing and after RPK publicized the shenanigans in court, then only the Bar started sending its representative. I suspect Ragunath did not want to miss out on a great show. Yet, not a single statement has been issued by Ragunath Kesavan on the matter. And now he comes to AG Gani’s defence. Now he echoes Nazri Aziz’s stand. What game is Ragunath playing? This Malay proverb aptly applies to Ragunath – “ Sokong membawa rebah”.
This man is playing politics and one day I will tell you why. For the time being, I urge that lawyers bar Ragunath from the Bar! He should be put on the carpet for his indiscretion.
Indeed Ragunath is a disgrace to the Bar in giving that wishy washy reply. A snake is a snake is a snake. The Council should beat him up and ask him to vacate his post. Dato’ Ambiga is more a “jantan” than this whimp. Don’t hope to get a Dato’ship by sucking up to Nazri or to AG Gani!
Adoi, pedasnya! Memang padan muka dia. Perangai macam ular senduk. Presiden sampah!
Sorry to digress Din.
Look, how the Thai celebrating 5 December. Live here.
http://www.thaitvnow.com/thaitv-5.htm
“Earlier on, RPK had produced eye witness accounts and photographs of AG Gani being beside Shahidan throughout his bereveament over his son’s death- from daylight to sunset. If that is not close relationship, what is then?”
Crime by association?
tean,
Those marching march with their palms open and not with closed fists. And they are cutting the air with their karate chops. Our Gen. (Rtd) Tok Cik should be upset.
I think you’re taking a little too far, Din. There is no such thing as a crime by association. You will need to come out with something more.
“This would include consorting or fraternizing with people of ill repute or disrepute or people of dubious reputation.”
That would mean the entire Cabinet including the Prime Minister and at least one half of Parliament.
‘There must be a reason why i don’t know ‘ just like a lyric in a song but this bugger smells a rat ,or rather a snake ! Smell fishy or me ‘Ragu’ kan ,is there anything for him in siding those damn bozos ! He should be making a lot of noise for this cruel and unjust act on lawyer Rosli ,hope all lawyers open their eyes on this bugger !
Bean and Tean,
Your behavior is infantile. There is a time to joke and a time to be serious. Do not digress readers with such opening comments. Being regulars on Din’s blog, you should apply self censorship and behave responsibly.Bean has the gift of persuasion with his articulate writing and I hope he would use it purposefuly.
Let’s get back to discussing the AG’s conduct and the President of the Bar whose comments seem calculated to earn him a Dato’ship from the govt. That Jantan Nazri don’t need support from a eunuch President.
Dear comrade,
The nights are long and very cold. I need a little warming up. A little comic relief now and then helps. Tean has provided a video of Thai palace guards marching. Very impressive. I find that educational because I have never seen anybody marching like that.
All I can say Mongkut Bean is that the AG must be beyond reproach. Don’t be too smart, my friend.–Din Merican
There is no doubt that the AG’s conduct left much to be desired (an understatement of course). Now the Bar President has got our bloghost annoyed and in a combative mood which is perfectly understandable.
But short of amending the country’s Penal Code and introducing a new offence, there is nothing much that can be done.
You see. Din is in a combative mood. What did I tell you?
I better get on my kerbau fast.
Thank you Din for pointing out Bab D. That certainly jolted my memory of what is considered appropriate conduct for civil servants and public officers. MACC is either impotent or in collusion with AG if they don’t investigate this suspicious relationship. How are the down liners to believe their superiors if there are different yardsticks. What happened to that slogan “Kepimpinan melalui tauladan”?
For the A-G to be associated with a possible criminal and for him to remain silent on the allegations, unable to even go on record to deny the allegations, is worrying. The public’s perception is that these allegations are true because the A-G is unable to act or deny the allegations.
“This man is playing politics and one day I will tell you why.” Din.
Please expose this man. Why wait? He is a shame to Integrity?
And he has to run to Nazri for cover and Ragunath blindly supports Nazri. What is Ragunath’s “udang sebalik batu”? Perhaps, he thinks he can get a Datukship from the Federal Government. He has no maruah, using the Bar Council as his forum for self advancement.
Bean, maybe, the AG is not guilty by association, but is certainly guilty by association with a known corrupt former cop and a Mr. Fixit.
Din Merican’s view is that the A-G must always act consistent with his responsibilities as the top Law Officer in our country. That is why the Constitution grants the AG the same status as a Judge, whose removal is through an impeachment process. He quoted some great names in one of his comments on probity and ethics. Men like Tun Syed Sheh Hassan Barakbah, Tun Suffian Hashim, Tun Salleh Abas, Mr. R.Ramani, Justice Wan Hamzah and others were mentioned. Someone else asked that Justice Tan Sri Datuk Seri Dr.Eusoffe Abdoolcader be included.
Perintah Am Bab D (Tatakelakuan dan Tatatertib) Pegawai Kerajaan has the force of law. In my time, civil servants who breached any of its provisions can be subjected to both departmental action as well as to criminal sanctions.
The AG’s conduct would certainly fall within the circumstances that makes him deemed to be compromised. For other heads of departments, they would be asked to show cause to the KSN. I am not sure about the AG, but I believe he would be answerable to the Minister in charge of his Dept i.e. the AG Chambers. That would be the Minister of Law.
As for the the President of the Bar, his statement shows ignorance of the law especially in regard to civil servants. As to whether his behaviour is shameful, it is for the Bar Council to censure him. The members of the Bar can motion for an EGM to pass a vote of no confidence and call for his resignation.
The MACC has investigated ikan bilis civil servants/public officers on mere poison pen letters which they then lodge reports “based on information received” to justify suspending that officer. As to why they would treat this information against the AG any differently, is something that the Chief Commissioner, Dato Seri Abu Kassim, should answer. Dato Abu Kassim should not treat this lightly as it affects the image and integrity of the MACC.
_________
Thank you for your most helpful comments. I hope Mongkut Bean who is now a New Yorker is suitably informed of our practice here in Malaysia. He wants to get his kerbau. But I suggest a seladang suits him better; it has two sharp horns which he can use appropriately for his self gratification (syok sendiri).—Din Merican
Let’s get our priorities in order first.
To get rid of this despicable AG, get rid of the regime first. Anything else is a waste of breath and will fall short of expectations.
And why is this Ragu flur playing sepak takraw? In dire need of a honorific, izzit?
I’ll ask some cynical questions, since no one else is inclined to: “What is this all leading to? If the PM is truly ‘jantan’, why is there a need for ‘civil society’ to whine continuously, like this? Are we being made use of to get rid of a sticky problem with lots of deadly secrets?”
Whistle blowing is fine if someone/something is acting on the wrong-doings – otherwise it boils down to whistling into the wind..
No one can disagree with Din on the issue. In any other jurisdictions, where the office of the AG is an elected one, he wouldn’t last one term.
Here the post of AG is an appointed one and appointed by the Prime Minister. The constitution is very clear on that. The Agong in the appointment of the country’s top prosecutor “shall act on the advice of the Prime Minister” and not the Prime Minister in consultation with the Cabinet: Artilce 145(1); and his removal shall follow the same procedure followed in the removal of a federal judge, not just any judge — thereby setting a very high standard for his removal: Article 145(6). Also the AG shall hold office “during the pleasure of the Agong” : Article 145(5). That is constitutional language for security of tenure.
As for the Bar President, he is showing respect for his office as Bar President when he spoke in measured terms. He is after all an officer of the court. On the issue of his removal, Din is right again when he says if there is a will there is a way. But why should they want to remove him since he is doing their will. So don’t you think we got the shoe on the wrong foot here?
I am with you, Menyalak. No point crying hoarse when the pestilence is still around to wreck havoc. Get rid of the pest first. That’s the only way out.
On TV1 a moment ago Jibby was browbeating PKR for its “failed” direct elections. He said that the Opposition party had copied Umno on the voting of its leaders.
Hogwash, Jibby, hogwash…
Menyalak-er,
The regime will get rid of the AG if he is a serious liability to its survival. They might not act against Khir Toyo and others like him because they are “one of us”. Civil servants, of whom the A-G is one, are easy meat and can be removed when the political masters deem it essential for their own interest.
Regime change is very remote now because given the PKR saga, Pakatan Rakyat is shaky except in some states like Kedah, Kelantan and Penang.–Din Merican
Yup, the shoe fits the foot and is indispensable for the health of it’s toes. To get rid of the shoe we must amputate the foot – without the benefit of an anaesthetic! The sooner the better.
While the Gen Orders aims to make administration clean, who says it’s being abided to at this level? Is the Chief Sec gonna to address this too?
The issue is not whether the AG has behaved in a manner befitting the office he holds. I thought that has been made clear by the many instances of the wrongful use of his discretion allowed him under the constitution. Determining the limits of that discretion is paramount to prevent its future use or misuse. We should be thinking about how to mount a challenge to his use of his discretion. Discretionary does not mean he could act willy nilly. The test is both subjective and objective.
Gani Patail may resign on his own accord and at any time: Article 145(5). But there are others ready to take his place and just as willing to do the bidding of his political master.
I must congratulate Din Merican for this excellent piece. You certainly make a better researcher and lawyer than that meRAGUkan president of the Bar. No wonder it is now an impotent body compared to the time of that Lady President.
Look, if PM Najib and DPM Muhyiddin wants to truly effect change, we should support them for the sake of the country. Look at the horrors in PKR. Even their internal elections are not free, fair and transparent. A regime change without a ready alternative will bring chaos and anarchy. We don’t want that!
I fully agree with Din that the best we can do for now is to rid the the Govt of corrupt and incompetent officials. I can see Din’s game plan – make AG Gani such a liability that the Govt has no choice but drop him like what happened to former IGP Musa Hassan. RPK, Din, Robert Phang are all effective pressure groups if they can help cleanse the govt of these crooks. Lawyers should just dump that moron who calls himself President of the Bar!
When the AG decides to prosecute based on insufficient evidence, or evidence insufficient to meet the standard of prima facie evidence, and when it involves not one case but more than a few then he is failing in his duty as AG. In Gani Patail’s case there is a pattern of abuse sufficient to justify a finding that he is acting according to a set agenda — which is not to secure a conviction but to punish.
He is obviously guilty of prosecutorial misconduct and should be investigated. But who is going to give the order?
_________
The Prime Minister can ask Nazri to deal with AG Gani and exert pressure so that he quits.–Din Merican
Now I’m ready to finally get on the back of my kerbau. Din can keep his horns.
“PM Datuk Seri Najib Tun Razak called on leaders of Barisan Nasional (BN) component parties to discard four “ailments” which he said could turn the people against the coalition… He said they should get rid of delusion, amnesia, inertia and in particular arrogance before the people’s love for the BN turned into hatred, hope turned into anger, and support turned into opposition.” – PM Najib’s keynote address at the BN Convention
YB Nazri and AG Gani – please read and listen to what your Chief just said.
Tan Sri Robert Phang – Congratulations! Your voice has been heard loud and clear by the PM.
Now, Mongkut Bean, your comments make sense to me. In the case of Rosli Dahlan, we know that it is mala fide. Do you agree?
AG Gani Patail has abused his powers under Article 145, starting with the Black Eye incident in 1998. He survived over these many years and went to up ladder by playing ball with the politicians in power. But I think he is playing a dangerous game since politicians will use him to the hilt and then throw him out when it suits them. It is just a matter of time. His fate will be like that of Musa Hassan.–Din Merican
Someone has to bell the cat. But who? We’re back to square one…
Bean, don’t run off on your kerbau yet. Your views are always needed. Help articulate why AG Gani should be removed. New names have appeared, but your steady hands still needed.
I am worried for Rosli Dahlan. All these attacks on MACC, AG, Shahidan etc are making enemies for him. Din has his agenda. Robert Phang has his and so does RPK, but what about that poor man who is facing the charge all alone? Even the President of the Bar will hate Rosli if you keep attacking all these people. They might even think Rosli asked you to do it, whereas those in his circle know that he just wants a a quiet life and regain his practice.
So I hope all of you out there with your own agenda will also consider his plight. Even the man that Rosli defended is already free but he is not. So, don’t make things too hard for him guys.
_________
rakantulen, I have no political agenda. So I am not worried. Let the truth be told and that is, Rosli Dahlan has no case to answer. I hope the Judge will do what is right and set him free without his defence being called.
I know Ragunath as a true blue professional and listened to him speak eloquently on Justice and the Rule of Law at public fora.So, his reaction to the AG matter, which is the topic of our exchanges today, actually surprised me. I once had lunch few months ago with him and Minister Nazri at the Lake Club.
I know Minister Nazri well too for decades. We always chat when I am in Parliament. He is a serious man, affectionately known as “Chief” by all MPs and Senators. He is a stout defender of the Government, but he is known to change his stance as new facts emerge. He does not suffer fools easily.–Din Merican
You can take the Rat outta picture, but another will find it’s way up. Rodents are irrepresible – they breed like err.., rats! It’s the whole bleeding system, not only the individual.. This particular vindictive Rat remains useful to animal farm and still has many tricks up it’s cheek pouches. Malafide or not, he will not be hauled up. Have you seen any ‘friendly fire’ episodes recently?
I still say go for the Breeders of the plague..
Jibbo can stall, hem and haw; but he hasn’t done squat – except give us a new acronymised language complete with slogans to play with. Totally insincere – “Talk can, do cannot!”
Ask the general public what they think of that small increase in petrol and sugar prices recently.. Add the Rat and other farm animals into the mixture and some of you come to the conclusion that PR is dead?
I think you guys should take a walk to Nabby-Nabby Land.. – you’re severely Kuru’ed!
bloody eunuch. better ask him to join MIC instead masquearding as lawyer and Bar Council President.
He is either practising ‘escapism’ for reasons best known to him or he has something sinister up his sleeve so to say. Yes, throw this garbage bag into the rubbish bin for disposal. Do not allow him to tarnish the good name of the Bar Council any further. What a disgrace to the noble profession?
‘Harapkan Pagar, Pagar Makan Padi’ should be used in a wider context of the application of the law. What he did is not a crime but a blunder.
sorry. Mr. Merican, poor english, but i will follow you. I’ll stand by you.
The Majlis Peguam has a motto that reads “Keadilan melalui Undang2″ (Justice through Law). That is Ragunath’s role, which is to seek justice through law, not play politics. The AG’s job, as I see it, to ensure the administration of justice with favor to none. Those who break the law and there is evidence that they did, then he should charge them. I wonder what law has Rosli Dahlan broken when he was defending Dato Ramli Yusuff. It was harassment of this respected lawyer–as evidenced by the way they handcuffed and humiliated him in front of his staff in 2007– and abuse of power by AG Gani Patail.
Yes, Mr. Bean, you are right that the AG is not interested in getting a conviction (winning the case), but he wants to use his wide powers under Article 145 (whether these powers are absolute remains debatable and have not been tested in our courts?) to ensure that he can quell those who dare to dissent against the Government or the A-G Chambers where he is “King”. Mala fide, Mr. Bean?
I thot the erosion would have stopped after the katak aduns and Mps, the news reporters and bloggers! But I was wrong! It’s now these officials elected to head law councils… and maybe other types of Ngos! Negara kita is like a runaway train.
Din, you did say in your previous posting that you are raising Rosli’s case not for his cause alone but for the cause of justice. Noble as your cause may sound, you should also consider the impact on him and his family if AG and the rest retaliate. It is he who will take the blows, not you. Its nice to be a cheerleader when someone else’s life, and not your own, is at stake.
Look, I don’t pretend to speak for Rosli, but I can see where this will lead to. It will only harden those who wields power to come harder on him. The objective must be to seek his early release not to use him as a pawn in your perceived cause for right or justice.
That raGUNAth is takGUNA! Useless whimp and an embarrasment to kaum India!
rakantulen, are you his real friend?
If I did not embark on this difficult mission, Rosli Dahlan would have been guilty in the court of public opinion.The mainstream media was mute on his case. If I had not written the public will never know what happened in court as there was a total blackout of the trial proceedings.
Now they do know. People who read this blog are genuinely concerned about the fate of Rosli Dahlan who– you know if you are his genuine friend– is a victim of AG’s misuse of his powerful office. They are even prepared to raise money to meet his legal fees.
Think again before you make any more comments. As far as I am concerned, justice is not served if the A-G chambers persist in persecuting an innocent man.–Din Merican
Shameless scum, this Ragunath fella.
Call himself President of Bar Council; me think he’s only interested in getting a title.
And he doesn’t realize that every word uttered in support of Gunny Sack D Bugger Pigtail and “Jantan” Nosey Roo of Kangaroo Law, stinks to high heaven which every ‘Rakyat’ scorns at.
Just looking at him, reminds of Kayveas, if he’s politically inclined. So, he jumps onto the gravy train onwards to an Alliance ship only to find it full of holes and sinking. Good riddance, ratty fella. Go take another look at the mirror and say aloud “I am a RAT, NOT FIT TO BE A PRESIDENT!” And the boomerang returns to find its target.
rakantulen,
On the basis of your comments, it would appear that you have connections to the A-G’s Chambers. You appear to know what Lawyer Rosli’s prosecutors are up to. This can mean that given the A-G’s frame of mind, he is prepared to make sure that this respected lawyer is punished for his dissent. So come December 30, (and if the judgment is not postponed to 2011), Lawyer Rosli will be asked to make his defence. That is a travesty of justice since it is common knowledge that Lawyer Rosli has no case to answer and should therefore be acquitted without his defence being called.
I still have faith in the presiding judge and that justice will prevail. Mr. Merican’s coverage of the trial proceedings over many months has no bearing on the outcome of the case. The judge will decide on the basis of the evidence which were presented to him.
As far as I am concerned, justice is not served if the A-G chambers persist in persecuting an innocent man.–Din Merican
Justice, Din, is never served when you persecute a man — any man or woman.
I look for things you write that I could disagree with to make this blog interesting. Much to your credit (or lack thereof depending on which side of the aisle you are on) I found nothing to disagree with. It is good to see a man like yourself writing passionately on issues you believe in.
And so I’m left to filling in any gaps and spaces you may have left — and apparent cracks and crevices in the wall, nooks and crannies you left unexplored, stuff that needs polishing. Apples are my favorites but I’m no apple-polisher.
I cannot be plucking apples as this is not the season. The nights are long and very cold. Yes, very cold as temperatures take a sudden dip. You guys are lucky because the only temperatures you may have to deal with are the ones waiting for you at the door with a rolling pin everytime you come back home late. As for me the mercury level in my mercury-thermometer has remained the same during summer or winter.
He should stop all pretense and join MIC after they kick him out. That’ll be soon I hope.
A few months back most people spoke about was,there is a trojan horse in PKR but unfortunately no one can pin point who the trojan horse was only assumption,but now there is a clear cut trojan horse in the Bar Council.So Bar Council Members be very careful.
“Yes, Mr. Bean, you are right that the AG is not interested in getting a conviction (winning the case), but he wants to use his wide powers under Article 145 (whether these powers are absolute remains debatable and have not been tested in our courts?) to ensure that he can quell those who dare to dissent against the Government or the A-G Chambers where he is “King”. — kakrubi56
This is what I mean by filling up the nooks and crannies.
The discretion is never absolute.
Under the common law (ours is codified and so it is there somewhere in the CPC), there is always a residual discretion available to the judge that he could use in the interest of justice. The discretion that is in issue here is that referred to under Article 145(3) to be used by the AG to “institute, conduct or discontinue any proceeding for an offence.”
Then there is the issue of the wrongful use of his prosecutorial powers — at common law which no statute can be drafted to excuse the man from. It is wrong to use your prosecutorial powers for anything else but to secure a conviction, in the interest of justice, and never to punish to make up for the lack of evidence. His first duty as the country’s Attorney General is to go through the evidence i.e. the so-called ‘bundle’ of investigation papers filed by the police, and to find if there is sufficient prima facie evidence to prosecute for crimes that may have been committed. Yes, he would first have to identify the crime or crimes and match the evidence found. If he cannot find sufficient evidence that could meet the standard of proof at the preliminary hearings, he is not to proceed but to send it back to the police for more investigation. It is a judgement call. As the country’s top prosecutor and prosecuting some of the cases himself, should the AG (and I’m not referring to Gani Patail) fail to satisfy the standard of proof needed in a prima facie case, his judgement becomes suspect and should resign. But this is BolehApaSaja Land ruled by one ApaNama. It doesn’t work that way.
Then there appears to be this suggestion by some readers implicit mostly (in the comments made) that Gani Patail is acting on his own to please his political masters. I should think there is enough of a pattern of abuse to show that he is acting with instruction from the very top.
Our bloghost speaks of the will to investigate and prosecute the man, that if there is a will there is a way. But prosecute him?? He is carrying out their will. I thought that’s obvious.
Din making things tough for Rosli?
Nah.., rakantulen – he will be set free after being dragged through the slime. Din has done a great service by countering the charges and revealing the bad faith angle.
Are you really worried that this AG will appeal to drag on the process?
In which case, my buddy Bean will give the input.
And so I look at this feeding frenzy caused by the AG’s continued association apparently with possible litigants in a case or cases which the AG and the chief of police saw fit not to proceed, and in apparent compliance with instruction from the very top, as grasping at straws.
rakantulen is probably a Trojan horse writing convincingly of his concern for Rosli hoping to persuade Din to stop highlighting this travesty of justice. As it is, the MSM have blacked out Rosli’ trial, RPK’s expose and Robert Phang’s press statements. If Din stops, then the devious plan is achieved. Ignore him Din.
AG must be made to answer his persistence on Rosli’s case and his disinterest in MAS case against Tajudin. The Bar Council must distance itself from this wayward President.
Yes, possible litigants because needless to say there will be civil suits against Tajuddin Ramli and his cohort with or without prosecution for any wrongdoings.
PM Najib’s keynote address at the BN Convention reminded party cadres to get rid of delusion, amnesia, inertia and in particular arrogance.
Ragunath has therefore given support to a wrong cause because the PM’s statement is directed to Jantan Nazri and AG Gani that they owe ordinary citizens in the street to explain this haj scandal and not be arrogant. The Bar President shouldn’t try to play poliitics.
“In the present case, there is no proven link “and that without such evidence, the Bar Council would not be critical about the allegations made against AG Gani.”
Technically he is correct in saying that. And it is wrong for his critics to shout the man down for ‘dabbling in politics’. There is none that is in evidence in this very short statement that he is dabbling in anything. Here I will have to disagree with my friend, Din.
Mahathir is known for taking the Bar Council to task for ‘dabbling in politics’ in the past. But really in truth, the Council is compelled to act as a pressure group on issues like human rights i.e. non-partisan issues. It has to be seen on the right side of justice. It cannot be neutral on such issues.
Apparently, from Din’s criticism of him, Ragunath has unwittingly put himself in the path of a firestorm for his statement. This is not the time to be displaying knowledge on the finer points of law but to live up to the demands from the lay public for justice.
“Noble as your cause may sound, you (Din Merican) should also consider the impact on him (Rosli) and his family if AG and the rest retaliate.’ rakantulen
I made a comment along similar vein – not involving our bloghost, of course, but Ramli – when he approached DPP Ahmad Bache immediately after the trial to shake his hand. You are only making the life of this poor DPP who is nearing retirement, more difficult then it really is. Already he found himself confused as to which side he was supposed to be on. Isn’t that what a goal keeper goes through i.e. a confused state of mind, when he just kicked the ball into his own goal? Imagine a player from the opposite side running up to you to shake your hand when you just kicked into your own goal by mistake and you have had to shake his hand. How would that look on you?!
But to call Din Merican just another cheerleader is unfair. In any case, aren’t we all cheerleaders for justice?
To Ragunath,Bean and everyone else whose memory are short- the links have been shown with documentary evidence. Official court papers show clearly that Tajudin’s own lawyers refer to Shahidan as the new shareholder in Naluri. The personal linkage between them have been explained countless times. See:
http://www.malaysia-today.net/mtcolumns/34390-tajudin-ramli-will-not-be-enjoying-his-hari-raya-this-year
As for the covert relationship between Shahidan-AG Gani, it is Divine revelation that showed Shahidan’s linkage with AG Gani on their recent Haj trip.
You will never find what you don’t want to see!
Now I can get back to my kerbau. When tean positions himself at the rear of my kerbau, I cannot help but feel insecure and anxious.
Saiful ke tanah suci mekah untuk menuaikan Haj atau untuk kes liwat.( Tak percaya Makhamah Malaysia !) Apa kerja dan dari mana pengangur ini dapat duit untuk perkara suci , yang bisa olih 40 tahun dan atas dengan wang yang di simpan dari kerja halal.
You don`t need to overkill here. If Saiful case is truthful, it should be revealed in due course.
Saiful and AG are world `s apart. The later is a very high ranking civil servant who has to do his very important job for the interest of the country and need to be perfect in his official and private life. He can`t and should not consort with undesirable characters.
Wonder how many people Saiful had relationships as alleged. May be he can reveal his list on how many willing or forced.
Ragunath has lots of financial kickbacks from Barisan, no doubt.
It is terrible that the Mafia gomen do anything to cruxify rakyat.
Meanwhile the Agong claps as atrocities are committed by the mmurderous mafia because he is Agong of the mafia.
excellent piece by Din. I have met Ragunath previously and he struck me as a very arrogant bastard from day one. He has these snakes working in the Bar Council sucking up to his asshole. That’s my impression of him from then till now and it never changed. I am glad someone finally saw through him too. He should be booted out from the Bar Council and the entire staff removed and be replaced with less politicking staff.
Fuel price increase is because of corruption and the Federal Government needs the money to pay off national debt of RM 408 billion, says Penang Chief Minister, Lim Guan Eng.
Mongkut,
When our kerbau is getting older as all of us are, we should know that the end is near. The debates on issues in this blog would mean nothing as the days go by. Someday all of us will stop breathing in and that is the end of all issues. Period.
Yesterday, I was watching the live coverage of the King of Thailand’s birthday celebrations. Yes, he is the King of Kings and yet he was not going home to his many palaces. He went back to hospital finishing his 3rd phase of the circle of birth, old, sick and goal.
Someday our kerbau will also crossing the final bar. All of us will also coming to that same bar. By then do you think it really matters who is sitting on the bar? The final bar is equal my friends.
The wise Sami from Wat Siam has spoken like a true monk.
Call me a cry baby I don’t care. I am going to keep asking: Why has not the PM, The DPM and other Ministers responded to this matter?
If it had been a small-fry, the weight of he General Orders would have fallen upon him. Why is the Chief Secretary to the Government keeping mum? He is also keeping mum on the PKFTZ case.
“To Ragunath,Bean and everyone else whose memory are short- the links have been shown with documentary evidence. Official court papers show clearly …. “ Serpico
————————–
Look, Gani Patil should not be associating with anybody who is embroiled in controversy in a possible breach of trust case by another, especially when there are allegations involving complicity at the highest places. I cannot put it any clearer. These are facts.
Over here the U.S. Attorney General would not even think of doing anything that could trigger any form of controversy. The U.S President’s own nominee to the key position of Secretary of Homeland Security in the White House has had to withdraw because of allegation that he had broken the law by employing an undocumented alien as nanny. Prior to that there was a federal judge who withdrew her acceptance of nomination as Attorney General by the U.S. President over a similar allegation. Appearance is everything. This is United States. And this is Malaysia — a third world country.
The question I am asking is why the feeding frenzy? Why the need to go on a fishing expedition in calling for an investigation into what appears to be a crime by association when we have evidence of the abuse of his discretion as the country’s AG in the Ramli and Rosli cases – especially the latter. Why not mount a challenge over the controversial use of his discretion in bringing cases for political reasons? Over here the case of Mike Nifong, District Attorney in North Carolina, the rogue prosecutor comes to mind. He was later disbarred and jailed for a day for prosecutorial misconduct. He gave rise to the term ‘nifong’ meaning to set someone up for criminal charges based on flimsy evidence over alleged political reasons.
As to the statement attributed to the Bar Council President, he could have chosen his words more carefully. He seemed to feel the need to educate the rest of us on the finer points of law – a bad choice considering the mood in the country.
Despair not , Tean and Mongkut Bean, the process of change goes on. As we ride into oblivion and twilight gives way to night, dawn of hope appears when a new and better educated generation takes over and our country renews itself with verve.
Our Mamak will not be able to prevent change since he will be leading us on an old white unta into nothingness.
So be of good cheer. His Majesty King of Thailand understands this well as he is also a philosopher and a man of love and compassion for his people–Din Merican
“No proven link” says Ragunath. Yes, no proven link (with particular emphasis on ‘proven’). It is not and never about proof but appearance.
Din, you, tean and me have always been on the same kerbau and on the same journey. So let us not lose our way. The kerbau may stop now and then to take a dump as all kerbaus do.
Abu Kassim of MACC is finally getting the message. The Toyol is being charged with land fraud. But let’s wait and see the outcome. It may be just a premature ejaculation just like that Mohd son of Mohd. No speaking England but can be Chief Minister. Got away scot free and now a Supreme Council member of UM NO NO
“Old white unta” ?? Never seen one but have got on the back of one non-white unta with a big hump at London Zoo.
U.S. Marine ‘semper fi’ lives in L.A. and may have his share of camel toes.
“Over here the U.S. Attorney General would not even think of doing anything that could trigger any form of controversy…. This is United States. And this is Malaysia — a third world country.”- Bean
That is what we want to hear from you Bean. AG Gani Patail should not even be seen near Shahidan, the ex-policeman who was charged for taking bribes, what more to consort with him at haj as a family. Regardless of who paid for the Haj Trip, that public display of their relationship is the height of arrogance.
The PM has spoken that one of the 4 ailments that BN must be rid of is ARROGANCE. YB Nazri and AG Gani Patail should heed the PM’s warning. to show that the PM is not afraid of AG Gani, he must be suspended immediately.
As for evidence of the relationship, this is borne out in court documents where Shahidan is openly declared as the new owner of Tajudin’s company, Naluri, see:
http://www.malaysia-today.net/mtcolumns/34390-tajudin-ramli-will-not-be-enjoying-his-hari-raya-this-year
Does Nazri or MACC need any more proof to suspend the AG?
It is thus utterly utterly shameful for Ragunath to defend the AG. He has disgraced the Bar.
Mongkut Bean
We have camel races ridden by camel jockeys in Indio during the annual Date Festival. FYI all those Mejdool dates are grown in California and not in the Middle East.
Can’t compare the AG here in the US with the Gunny Patel. The states AG here are elected and undergoes close scrutiny not only of their relationship with members of the bar or public but also on the track records of getting conviction in criminal cases. With his track record Gunny Patel won’t even get on the ballot papers.
Well, our Gunny Petai is only fit to pluck the Mejdool dates since that’s what he does best. In the Indio camel race he’s best employed as a water boy for the racing camels.
“… to show that the PM is not afraid of AG Gani, he must be suspended immediately.” Comrade
Najib was not called to testify in the Altantuya case when his testimony would have helped fill up the gaps. In the dock were members from his own security detail. If that is not good enough reason for him to testify and shed some light as to how members of his own security came to be involved what is? This could not have happened without instruction from the AG i.e. not to call him as witness. The trial judge could have used his own discretion and call him. He didn’t. Is it not obvious that our Attorney General has been doing the bidding of his political masters? And like you say, his arrogance came through when he was asked what he was doing associating with someone embroiled in controversy. My question is “What was he thinking?” It is as public as it could get. Doesn’t that give weight to the allegation that he has the support from the very top?
Should we then expect Najib to instruct Nazri or anybody else to question Gani Patail about his association with Shahidan??
Let’s get real here.
“In the present case, there is no proven link and that without such evidence, the Bar Council would not be critical about the allegations made against AG Gani.” – President, Bar Council
“There were many other people there, not only Abdul Gani, and this should not be an issue.” President, Bar Council.
The above are statements of fact — and perhaps policy too in reference to the position of the Bar Council which he heads. Much as I would like to agree with our bloghost and his interpretation of these statements, I cannot find any reason to do so based on these two statements.
That is my final 2-cents on the issue. I better get back to my kerbau.
RAGUNATH IS ONE OF THE SPOKESMEN OF NAJIB.
It is UNBELIEVABLE UNBELIEVABLE UNBELIEVABLE that no one big in Umno Barisan is game enough to stand up and scream about the atrocities, frauds, murders and billions swindling that go on. Not even Ku Li has the balls. Just shows that they are all in it.
(go to Google and type Ivory Coast)
2 days ago, election fraud in Ivory Coast, Africa. Opposition won buy EC changed that win. The people rose up in violence.Now that country is near civil war. They MUST NOT put up wit frauds like that. Go Ivorians, GO.
Malaysians are cowards.
Anyway, FROM NOW ON, I am not voting because of election frauds. Waste of my time.
Ragunath apparently is staying on the path of the straight and narrow as a lawyer and officer of the court — and not as a politician as come claim. I can understand the disappointment.
When Ragu was called to the bar he rejoiced but when he’s on the bar he cringed. Now that he’s stuck to the bar he’s crying foul accusing others of trying to pry him away from the bar.
The free stengahs must be really good. Bean, let’s get a few swigs before the bar is closed for good.
Ragunath wants recognition badly and is willing to enter into a Faustian bargain to get it. In 2007 and 2008, he was an activist talking about the Rule of Law, democracy, and justice. Now he wants to be accepted in the company of the ruling elite. No harm in that I think, but never compromise your principles and dignity.The AG has obviously put himself in an awkward situation. All he has to do is to explain his actions. I can certainly understand his predicament, but I have no time for someone who thinks he can abuse his power and brush aside public criticism of his conduct.–Din Merican
Din
I have been following all the comments on this paricular issue. There are two points that would need to be clarified. One, I believe the position of the AG was that of a politician. If I am not wrong, there were in the past some arguments that the role of the Public Prosecutor and the AG should be separated. The former remains a civil servant and professional member of the Judicial System while the latter is a political appointment. It is in the mixing of the two that we have the abuse that you have pointed out.
Second, it was interesting to note your comments on your lunch meeting with Nazri and Ragu. It is obvious, given the current indiscreet comments to the Press, the relationship between the two of them has progressed for a better Bar Council and Law Ministry relationship! But for whose benefit?
__________
si rusa, for mutual benefit to assist a common friendship…modus vivendi of sorts for the Bar Council and the Minister in the Prime Minister’s Department and de facto Law Minister.–Din Merican
“All he has to do is to explain his actions. I can certainly understand his predicament, but I have no time for someone who thinks …” Din Merican
No time, Din?? We have all the time for the bad boys, none for the good. The good can look after themselves. The bad? Well the bad need our ‘guidance’.
It is nonsense to suggest that the post of the AG is a political one, and stupid to think that it could be one. It is anything but political. Justice has only one face and that is apolitical.
Khir Toyol charged? Then somebody wanted a share of his loot and he refused to give. Honor among thieves, the unspoken rule, is being breached — and that spells the begining of the end for this regime. Or is it??
There is hope yet. Or is there? It also shows that Gani Patail is an errand boy and has no real control over where he would be asked to go to make the delivery.
In this case, it could be due to someone who feels the country needs a distraction away from more serious issues and has thrown in a few bones with some meat so you guys could chew on them for a while. If you have to send signals to your political rivals so they keep in line, that no one is indispensable then the choice of someone like Khir Toyo is a good choice. Probably because any collateral damage could be minimised.
But heck! What do I know? Gotta get back to my kerbau before Tok Cik steals it away.
Khir Toyo CHARGED!!!
That is NOT the news of significance.
It is Khir Toyo DISCHARGED for lack of evidence in court or prosecution failed to prove the allegations.
It is NOT if Khir Toyo will be acquited. It is WHEN.
Meanwhile the facade of trials etc will go on as another great Malaysian circus.
Put your bet, folks.
– Khir Toyo will be acquitted. Any takers against this?
– Khir Toyo will be sent to jail. 50 to 1
Mongkut Bean,
Election is near. This big Selangor rogue is finally repeat finally being charged today. This is because Toyol has become a liability to UMNO, Barisan Nasional and Najib himself. What about Azim Zabidi and Onn Ismail who were behind the scandalous PKFZ land acquisition deal?
No doubt, this move has shaken quite a few corrupt bigwigs. Let us hope a few more big fishes will be hauled up in our courts in the coming days and months leading to the 13th GE.
As usual it takes a long time to get a court judgment. In the case of Lawyer Rosli, it has been 3 years since he was charged and dragged out of his office. Kasitah Gaddam had 10 years to wait. Eric Chia was freed, but not long enough for him to enjoy his freedom and rebuild his life. And some who deserve to be charged are walking and talking or pontificating without care in the world. Yes, you are right when you said that there is no real justice if the well connected and powerful are beyond the law.–Din Merican
do u know why our legal system is f@cked?
it is because our learned lawyers chose mr. arsy bargy ragu ragu
as president of the bar?
it is bad enough that people in labis and the mca ah peks and nyonyas
chose porn star chua kong kek as president?
Free to choose
—————
Where the learned ones and the ah chai’s are gifted with a free to choose
leader, who do you people choose?
a sampah-quality man is chosen in both instances.
The good part , malaysians being race-centric, one can put the blame on
the melayus and the ketuanan thingy.
Get real man, you deserve the rubbish leaders and the harsh treatment
that is inflicted on your kind. This is like sado-masochism -self
inflicting pain on oneself and enjoy talking about the pain to all
and sundry.
A comment on a suggestion that mr.ragu ragu is looking at an imminent
datoship. A look at the sequence of order is important. first
ragu ragu as an arse-licker can look forward to a jc job -then an
elevation to judgeship, – a promo to c/a- and subsequent promo to f/c!!
All this hinges on him playing his card right -i.e tutup satu mata
and ihelp-uhelp attitude all the way. Datoship and tansliship
are just perks of the position.
malaysiabolih. thanks to madey. what a big sampah legacy he had left
for the bolehland!
“..has become a liability to UMNO, Barisan Nasional and Najib himself.”
Ahh.., so they are using a Liability to (seemingly) take out another Liability huh? This ascends right up to the top – Liabilities, i mean. Kick out that whole rotten bunch, if we want to see some semblance of justice. Otherwise, it remains a sham.
Btw, has Toyol’s passport been impounded? Not that he will disappear into Gunung Merapi or Bromo anytime soon. Did Syabas have anything to do with his bail?
I have never liked people in the Bar Council.
They have selective opinions on selected persons.
We call that temporary amnesia or selected memory. A skill Mahathir ApaNama is adapt at and shows skill in when he is in the witness box being grilled by a lawyer.
“It is Khir Toyo discharged for lack of evidence in court or prosecution failed to prove the allegations. It is not if Khir Toyo will be acquitted. It is when.” Cafe-latte Frank.
In Malaysia it is all about being charged.
RPK was charged. Ramli was charged. Rosli was charged. But who got discharged for lack of evidence? Eric Chia. Kasitah Gadam. Both must have made a ‘plea bargain’ and surrendered most if not all the spoils of office. Don’t forget Razak, a case of an inconvenient witness in a murder that was not meant to be but for a mentally retarded policeman who misconstrued instruction received “Get rid of her” to mean “Kill her”, and who is now enjoying the good life of the English countryside. It is never about seeking and doing justice. Or justice that needs to be seen to be done. It is about sending signals and messages.
All we can do is to share cafe-latte with Frank. So long as he picks up the tab.
“As usual it takes a long time to get a court judgment. In the case of Lawyer Rosli, it has been 3 years since he was charged and dragged out of his office. Kasitah Gaddam had 10 years to wait.” Din Merican
The wheel of justice grinds ever so slowly in Malaysia. It is to punish those who dare ask the questions and those who dare not but who know the answers and think their strength lies in not asking but in participating. The problem with the latter is that there will come a time when, as you say Din, they become a liability. That time comes when they lose their relevance to the party that has served them well. The only national service they could be called up to do then is to share some of their loot to advance the interest of the party. Some may be reluctant to do. But eventually they will come round to doing – for the price of a verdict i.e. “Acquitted for lack of evidence.”
As for Khong Khek Khuat, we should not interrupt his activity. Coitus interruptus is bad for his health.
Haji Gunny Patel went to Haj and finally caught the Toyol. Must be divine intervention when he was in Arafah on the hill during sunset or maybe when he was stoning the devil. Best news for 2010.
Mr Bean, that is a good one!!!
I mean the c. interruptus.
Hilarious!!
Shrek,
Gay Patel has had to stone the Devil twice because the night earlier at the hotel, Shahidan had GHB (not to confuse with GBH short for grevous bodily harm) put in his drink i.e. the price fixed by the Devil for stoning him. We call that Devil Intervention.
He was too stoned to realise what was happening.
Parliament is a den of thieves, liars, murderers, swindlers, fraudsters.
Why does PKR want to sanction them in any election?
BY BOYCOTTING THE FEDERAL ELECTION, OPPOSITION PKR WILL GIVE BARISAN THE BIGGEST HEADACHE IN HISTORY. BECAUSE ALL RAKYAT WILL BREW ANGER TOGETHER WITH THE UN AND MANY COUNTRIES.
I am boycotting every state and federal election from now on.
A question for Dr. Kam,
How many teeth to pull, how many fillings, how many crowns and how many bridges does a dentist need to do to amass RM 24 million.? The Toyol must be one busy dentist maybe similar to Ketok Magik.
Or you could ask Tok Mudin in your neck of the wood, how many cuts he has gotta make to get to the same figure.
Anwar, Tok Guru- have nothing to do with the murderous, swindling Barisan.
BOYCOTT THE FEDERAL ELECTION NOW
———————————————–
6 December 2010 Last updated at 22:38 GMT
Ivory Coast is in a major political crisis, after rival presidential candidates swore themselves in.
The incumbent Laurent Gbagbo took the oath to serve a new term, but within hours Alassane Ouattara also laid claim to the presidency.
Fears have been raised that the country could descend into civil war again. Indeed, the UN has already moved non-essential staff out of the country.
Stephane Mayoux reports.
Semper Fi,
For Grade A dentist it will take 10 to 12 years to earn that kind of money, according to Dr. Kamsiah, but nearly 40 per cent of that goes to income tax.
To be a Billionaire dentist, you have to have patents and commericialise them for sale on a worldwide basis. Those patents come from research and innovation. In the case of a Third or Fourth grade dentist like this Toyol lanun, it will take a forever. But he found his secret recipe via politics. That was why he entered politics and became a Mahathir crony. The Javanese kid (son of Joyo Erodikromo) from some boondog place, Sungei Burung, Tanjung Karang in Selanagor is now kaya beyond his wildest dream. It was not dentistry that gave him his wealth. He got it by being corrupt to the core with the help of ketok magik, of course.
It is not strange to hear these days of young Malays trained by Biro Tata Negara who want to emulate him. The idea of marrying a rich widow is the old way of amassing a fortune. Today it is the corrupt way, or hit the highway, although widows can help.That is the fastest way.–Din Merican
Hi Toyol
Finally you are in the dock. Best news ever for me since my gal’s wedding during the weekend.
You are a stain in UMNO’s fabric.
Good of you to give up your Selangor UMNO state liasion post. Staying on will not help UMNO any.
Your allegex botox did not do you justice.
Yesterday you looked like a 60-year old man.
And you got the cheek to smile.
Mr Patail, grill him for what he’s worth.
Pak Abu
He will be acquitted. It is sandiwara. They have all figured out that the charge will have so many loopholes that the High Court and if not the Court of Appeal will acquit him. At worse, that UMNO apparatchik Zaki Azmi will allow Khir Toyo to walk out of the door and collect his riches.
If you don’t believe me, cut and paste this posting and save it in your computer. When the trial ends, come back to me so that I can say,”I told you so”.
UMNO will not allow its ex-MB and former star of Selangor to get caught, of all things, corruption. When others like that Samad guy from NS, was never charged in court for corruption and bribery.
Khir Toyo WILL have his last laugh at all of us.
Don’t forget, this is UMNO country, not Malaysian country.
Long Live UMNO!!!
UMNO learns from credit card users.
Charge it… whether you can pay or not later, that’s another issue.
Remember the Lingam case… that was outright and blatantly obvious corruption case involving a lawyer and the judge.
What happened. Royal Commission blah blah..
it fizzles out.
Mahathir IS correct. MELAYU MUDAH LUPA.
You could be right, Frank, but it is creating excitement among Malaysians that finally a high profile crook has been brought before the courts with the AG himself leading the prosecution. If Toyol is acquitted the backlash on the AG could be dire. It will be shown that the AG himself is incompetent. So it is a risk for him.
Samy Velu was never brought to court under Mahathir and the ACA, the precursor to MACC, cleared him over Maika share dealings. But poor Eric Chia was prosecuted and then acquitted because he was getting too close to exposing Mahathir’s hand in the Perwaja fiasco. It is all about politics since politics is about creating and managing perceptions.–Din Merican
I am skeptical (and cynical) because of mistrust of the powers that be but this is for the sake of the voters. A deal has been done with this man behind closed doors so that it is a show for the voters so BN will not loose their voters.
As for the President to the Bar Council, his duties and objectives are set out in Section 42 of the Legal Profession Act (LPA) 1976. which provides that
(d) where requested so to do,to express its views on amateur affecting legislation and the administration and practice of the law in Malaysia;
(e) to represent protect and assist members of the legal profession and to promote in any manner the interest of the legal profession in Malaysia;
(g) to protect and assist the public in matters touching, ancillary or incidental to the law; and
( k) to afford pecuniary assistance to members or former members…”
If the above has not been read and understood by the President he should be replaced. S42 (e) and ( g) well affords him the power to intervene on behalf of the public to ensure laws are being observed as Mr Bean rightly states,a body independent and strong enough to influence policy changes and protect the members or public. Does he or the members of the Profession understand their role in the public arena?
The AG knows by dragging this toyol character into the mud ,taking into account the role he played and the secrets that he keeps ,the MACC with its initial conspiracy to poke holes into the selangor state govt and later the unintended murder of TBH is itself or rather certain high ranking officials within its rank are ,at risk of criminal exposure.In other words , each and everyone are held at ransom , so much so that the commission’s caretakers would have a hard time if ever they think of charging him for any wrong doing
oops! unintended death… murder is murder no matter how it is phrase!!!
Kat,
Almost all readers who have come on to this blog have chosen to interpret the Bar President’s statement or statements as being politically laced and partisan. I found nothing in his statements published here to make me think so.
These same people may be intrepreting his other statements and his conduct of late as being pro-BN. I don’t know.
All I can say is that based on the statements published here he seems to be trying a wee bit too hard perhaps at being legally correct. As head of a pressure group in the first line of defense of human rights he may not be as vocal as I would like to see him be but then this is not an issue on human rights.
He certainly is not defending the government — but neither is he criticizing. He is just explaining that there is no “proven link”, that this is different from the case when a judge was caught holidaying with a lawyer. I will have to agree with him.
Careful not to lose the respect of the office he holds, he chose to make statements which have unfortunately been seen here on this blog to be defending Gay Patel and at the same time, circumspect enough not to bring the office of the Attorney General into public odium more than it has already become the focus of.
It is a difficult balancing act.
By “proven” he meant proven in a court of law, before a judge after evidence is heard and tested and testimonies given and not just name or names mentioned in court papers filed.
It is here that I choose to part company with the Bar President. He did not balance it well by adding that appearance is everything when you hold the office of the country’s top prosecutor.
ooops … by not adding
But he ended it on the right tone when he says it is up to Gay Patail if he wants to explain anything, acknowleding thereby that there may be something that needs explaining.
Re: The people v. Mohd Khir Toyo
The man himself in his public statements has given us advance notice of the main issues in the case:
1. Why anybody would want to sell his property at a loss of a few million ringgit.
2. And how he came by with the few millions to pay for it.
Let us look at his Y tax returns for the last five or eight years. Let us look at what assets he had declared to the Prime Minister – or has this practice been discontinued when Abdullah Badawai took over?
His mention of “willing buyer and willing seller” gives us a clue of what his defense is going to be. Does he think we are that stupid? Does he think he could tip toe and dance around the issues that will emerge?
The fact that the AG himself will lead the prosecution means the justice system is never more in the balance.
IF YOU WANT TO KNOW WHY THE BAR COUNCIL PRESIDENT IS NOT SAYING ANYTHING IS BECAUSE HE WANTS TO BE A JUDGE LIKE HIS GOOD FRIEND VAZEER WHO HAS BEEN JUST BEEN APOINTED A JUDGE.
Then it is time to change the way our judges are appointed. It cannot be left to the Prime Minister consulting with the country’s top judge. The Prime Minister’s nominee should be vetted and made to go through a transparent process and confirmed by a judiciary committee.
Ambiga Sreenevasan, Bar Council President, who got “Woman of Courage” award from Hilary Clinton in 2009. Where is she today??
“Does he (Khir Toyo) think we are that stupid? Does he think he could tip toe and dance around the issues that will emerge?” – Mr Bean
No, he does NOT.
It is that UMNO apparatchik Zaki Azmi in the Federal Court who thinks, and he has proven so in the past, we Malaysians are stupid.
The Federal Court will play the right tune for Khir Toyo to tip-toe and dance around the issues and around the rakyat when the case comes up in court.
The only good use for G.PETAI is to masak sambal udang with lots of chillies(cili api) and belacan …yum yum yummy
Gay Patail came back from the Holy Land stoned after stoning the Devil once too many. How will he be able to lead in the prosecution of Toyol? And who will be Toyol’s defence counsel?
Will it be another case of Devil Intervention?
Now who is to be blame for electing this dubious character into office when the very name toyo just short of the letter ” l ” which was deliberately left-out for obvious reasons says it all.
Ok Mr Bean I get all that. But this is malayisa and everyone plays politics and doesnt realise or know their roles anymore. No more priciples.However even if he wants to be Judge as commented here and I think Din is in the know, the President must be seen to be leading a strong pressure group in matters of law and policy and to protect its members. In a first world country, the President fo the Bar Council is picked to be Judge BECAUSE he does not play politics and is tough in matters of influencing policies and matters to do with enforcement or administration fo the Law.
Malysia since the destruction of the Rule of Law, the Judicial crisis in 1988 no longer knows the corect functions anymore.
And who will be Toyol’s defence counsel? – Bean
Any paralegal can still win the case for the Toyol as the Judge led by Abang Aki will be in his corner.
Two lawyers slugging it out in the ring? With abang Aki as referee? The hope is that Gay Patail, lawyer for the government might mistake abang Aki as his contender and knock him down instead.
Mongkut Bean
If Gunny Patel knocks down Abang Aki, they will call a mistrial. Toyol will go scott free. Remember willing buyer willing seller “Lu tolong Gua Gua tlong lu” call by Najibur in Sarawak where the pot was raised to RM5 mil.
If a mistrial is declared they will have to have another trial. The rule against double jeopardy does not set in. So he is not off the hook. Not yet.
Gay Patail cannot afford to lose the case.
By the time the trial proper begins , Mr.Patel would’ve long gone on retirement. The new AG , depending on which coalition wins the impending elections will obediently play ball with the political masters having the next mandate
In Bolehland whenever a tainted politician is brought to trial , the outcome solely depends on the govt of the day . The courts functions solely as interpreters of the govts verdict
Since the BREAKING NEWS is one-up for the MACC getting a VIP charged in Court, we are all eagerly awaiting for another ” Breaking News ” to see , if any, the almost forgotten saga involving The Linggam Video VVIP Personalities to hit the ” headlines ” by their appearences in Court !
Will the Government & authorities not want to redeem their credibilities back ?
Bought for RM3.5 Millions for the land and bungalow really cheap whereas the previous owner bought it for RM6.5 Millions .Buy high sell low……. FOR a PURPOSE ha ,ha ,ha.
Even a10yrs old boy knows it is the big CCCCCCCCCCCCCCC!!!!!!!!!!!!!!!!
WILSON WILL,
You got it wrong. Khir Toyo bought it for MORE than RM 6.5 million.
I think Khir Toyo bought it for about RM 7 million if not more. The previous owner had to make some money, one way or the other.
You see,
Khir Toyo paid RM 3.5 million in CASH
The remaining RM 3 -3.5 million in SERVICES.
As MB, he provided great and good services, directly and indirectly to the previous owner, and they are profitable services to the previous owner.
It is not fair to say the previous owner is that stupid to lose millions of dollars without knowing beforehand how he can collect the setback.
You call it corruption, Khir Toyo and UMNO call it SERVICES and Miscellaneous Intangibles.
The Malaysian judiciary under the leadership of the UMNO apparatchik Chief Justice Zaki Azmi WILL SET KHIR TOYO free. In fact, his defence many not necessarily be called. Otherwise, it is very UN-Malaysians.
We in Malaysia don’t send our govt-supported MB to prison, and still keep his all ill-gotten riches. That is not the Malaysian-Way (under UMNO-BN govt)