Din Merican: the Malaysian DJ Blogger
The desire to write grows with writing–Desiderius Erasmus Roterodamus

MACC Panel Advisor Robert Phang calls A-G Gani Patail a Rogue

December 31, 2010

HAPPY NEW YEAR TO ALL  MALAYSIANS AND PEOPLE OF PEACE AND GOODWILL THE WORLD OVER. LET US WELCOME 2011 WITH HOPE AND ANTICIPATION

MACC Panel Advisor Robert Phang calls A-G Gani Patail a Rogue

by Din Merican

In his New Year Resolution Wish for all Malaysians, Tan Sri Robert Phang Miow Sin,  Panel Advisor, Malaysia Anti-Corruption Commission (MACC) sent a sobering message to  our Prime Minster, Datuk Seri Najib Tun Razak and his government. He asked our Prime Minister to handle firmly IKIM, PERKASA and Attorney-General Gani Patail.

Phang launched a veiled yet blistering attack against these three destructive elements that threaten unity, truth and justice in our country. While many perceived IKIM’s statement on Santa Claus to be irrational, religious intolerance towards other faiths became more apparent when Prime Minister Najib’s aides directed church officials to remove crucifixes and other overt Christian symbols from being displayed at the Catholic Archbishop‘s Christmas tea party at Bukit Nanas, Kuala Lumpur which was attended by PM Najib. The whole objective of the PM’s presence to show unity and promote racial harmony, and religious tolerance (1Malaysia) was immediately erased.

Tan Sri Robert Phang

In the same press statement which was posted by Malaysia Today,Phang also took a swipe at A-G Gani Patail. Referring to a statement, made only a few days ago, by YB Salahudin Ayob, Vice President of PAS, that  Gani Patail is a “Bajingan dalam Kerajaan”, the crusader Tan Sri also called AG Gani Patail a rogue element in government and questioned the A-G‘s exercise of his prosecutorial powers which smacks of selective prosecution bordering on persecution. He said that it is frightening that the whole machinery of the A-G’s office and the MACC can be used against an innocent citizen in relation to the A-G’s treatment of Lawyer Rosli Dahlan.

Lawyer Rosli Dahlan isolated and left in the cold

I praise Phang for his press statement. It is an inspiring and brave statement. It is refreshing when someone within the establishment, like  Phang, dares to criticise what is wrong within the government. He makes it clear that his membership in the MACC Panel is not just to be a rubber stamp.  If there is one Tan Sri who has earned that honorific title, it has to be Phang.

Thus, the best I can do is to reproduce his Press Statement below. Thank you,Tan Sri Robert Phang and my best wishes to you for 2011. Our campaign for justice and national unity is far from over. In fact, it has just begun and the journey ahead is arduous and full of risks for all civil activists.

_____________________

December 29, 2010

Press Statement by Tan Sri Datuk Robert Phang Miow Sin.
Justice of Peace
Chairman – Social Care Foundation
Panel Advisor, Malaysia Anti-Corruption Commission (MACC)

Make Unity, Truth and Justice as New Year Resolutions for Malaysians

On Friday December 31, 2010, we will say goodbye to 2010 and usher in 2011. Fortune tellers, astrologers and Feng Shui practitioners will review the events of  past years in self glorification of the accuracy of their predictions. They will attempt to provide new prophecies and guidance to forecast events and good fortunes for the coming year. But, they do it for commercial gains.

2. As a social activist, I would like to address the fundamentals that are of importance to us as a progressive nation. Malaysia is a country of faiths. It is stated that Islam is the official Religion of the Federation but at the same time, freedom to practise other faiths and religions is guaranteed. How we prosper as a nation cannot be based on fortune telling and guessing games, but on hard facts, sound policies and universal principles to be gathered from our faiths and religions.

3. Whether we are Muslims, Christians, Hindus, Buddhists or of any other faith, the plurality of faiths of this country must be preserved. I call on IKIM and PERKASA not to cause confusion by fanning the differences between us, but to build on the commonality that binds us. It’s a folly to claim whose religion or whose god is the right one. All religions teach good things and we all believe in ONE TRUE GOD.

Respect the Dignity of Difference as Diversity is our Strength

4. Thus, all talk that cause differences, tensions and schisms must stop. If May 13, 1969, is to be remembered, it should be commemorated as a day of mourning when this multi-cultural and multi-religious beloved country of ours was almost ruined. Thus, it must be our national resolution that May 13 must not recur or Malaysia will become a failed state. It is our commonality that binds us as a nation since Independence and that will shape our future destiny as 1Malaysians!

5. With regard to the New Key Result Areas (NKRAs) for reduction of crimes, I congratulate Home Minister Dato’ Seri Hishamuddin Tun Hussein Onn, who has worked hard and developed innovative ways to assist the PDRM in the fight against crime. I also congratulate Dato’ Seri Hishammudin for understanding the importance of public perception and thus ended the former IGP’s tenure. Compared to his predecessor, Tan Sri Ismail Omar is a breath of fresh air. Like a clean white sheet, it is now in his hands to re-shape PDRM (Royal Malaysian Police) into the principal respected law enforcement agency that it once was. We, Malaysians, must support Tan Sri Ismail Omar, the current IGP, to aspire for a crime free society.

6. As a Panel Advisor of the Malaysian Anti-Corruption Commission (MACC), I applaud the achievements of the MACC’s Chief Commissioner, Dato‘ Seri Abu Kassim, in bringing to book some big names this year. In the PKFZ case, Tun Dr Ling Liong Sik has been charged. However, the report by the forensic auditors mentioned several other big names, including those still serving in government and are also big names in their political party. These big names have quickly used the MACC’s clearance as a political mileage. This has invited public skepticism, especially when it is perceived that a thorough investigation has not been conducted and the clearance was just a political whitewash. That was what the public perceived in the case of former Selangor MB Dato‘ Seri Dr Khir Toyo until he was charged recently. I remind these big names not to be so gleeful, bordering on arrogance.

7. The public also view with grave suspicion the allegations over the personal conduct of Attorney-General (A-G) Tan Sri Gani Patail who is seen consorting with Tan Sri Tajuddin Ramli’s proxy, Shahidan Shafiee. This is of great disservice to the government in the fight against corruption. I have raised this before and the A-G‘s continued silence is deafening. PAS vice president Salahuddin Ayob has now raised the same issue. This is not just a political issue but it also concerns the integrity of the highest law officer of the country. His actions and conduct can erode the credibility of the government.

8. There is also public skepticism over the conduct of the A-G, in the exercise of his prosecutorial powers. His reluctance to act in certain cases, while very vociferous in others, have given rise to allegations of selective prosecution bordering on persecution. YB Salahudin Ayob also raised this seeming double standards involving the case of lawyer En Rosli Dahlan. En Rosli is widely known to be the lawyer handling the MAS case and has alleged that he had been victimised by rogue elements in the government. It is frightening to the citizens at large that the whole machinery of the A-G’s office and the MACC can be used against one man. The government must dispel this perception of persecution against an innocent citizen.

9. I have raised these matters without any personal or political agenda. I am not a politician. I speak for what I believe to be true and right. These are matters that have been in the public domain and it is incumbent on me to remind the powers that be of the public displeasure. Only in this way civil activists like me can be of service to the nation, the government and the public. This is consistent with the reminder by the Prime Minister Dato‘ Seri Najib Tun Razak that those in power must not suffer from the four diseases – Delusion, Amnesia, Inertia and Arrogance.

10. In closing 2010’s chapter and in welcoming 2011, I pray for God’s Blessings upon all of us and that we become a truly 1Malaysia nation in the pursuit for Unity, Truth And Justice. I wish all Malaysians a Happy and Blessed New Year!

“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, THE MEEK WILL RULE THE WORLD”.

Tan Sri Robert Phang Miow Sin

Justice of Peace

I also reproduce an international news article about the sham trial of former Russian oil tycoon Mikhail Khodorkovsky seen by many democratic nations of the world as a test of the rule of law in Russia. It is something for us in Malaysia to remember that we will still be regarded as a pariah state regardless  of our economic success. PM Najib should take note of all these if he is intending to call GE 13 next year. He should remove all the rogue elements in his government! Win the confidence of Malaysians and make history.

_____________

Khodorkovsky lawyer blames Putin for client sentence–6 more Years in the Slammer

December 30, 2010

Freedom is a Universal Right

A man holds a portrait of Mikhail Khodorkovsky at a picket in support of the former oil tycoon near the court building in Moscow today, December 30, 2010. Russia accused the United States and Europe of trying to influence the trial of Khodorkovsky, calling such efforts unacceptable and warning the West to mind its own business.

MOSCOW, December 30 — The lawyer of jailed former oil tycoon Mikhail Khodorkovsky today blamed Russian Prime Minister Vladimir Putin for his client’s sentence of six more years in prison in a court case seen by some Western nations as a test of the rule of law in Russia.

Absolute Power corrupts Absolutely

“The sentence was clearly issued under pressure from the executive authorities, headed as before by Mr Putin,” said defence lawyer Yuri Shmidt. “Putin signaled to the court who today is the boss and who today decides Khodorkovsky’s fate and life,” he said.

A Victim of Oppressive Power: 6 more years in Jail

Moscow judge Viktor Danilkin sentenced Khodorkovsky to the additional six years in prison after convicting him on multibillion-dollar theft and money-laundering charges.

Danilkin granted the prosecutors’ sentencing request and said Khodorkovsky would serve a total of 14 years in prison, including time served since his arrest in October 2003, meaning he is to remain in jail until 2017.

Western officials had said the guilty verdict raised doubts about the Kremlin’s commitment to the rule of law and human rights, and they were closely watching the case.

The outcome of Khodorkovsky’s second trial could cause friction with Europe and strain the “reset” that has improved ties between the United States and Russia. Russia said the trial was a matter for its courts and rejected as “groundless” US suggestions that the verdict resulted from selective justice. — Reuters

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30 Responses to “MACC Panel Advisor Robert Phang calls A-G Gani Patail a Rogue”

  1. Malaysians need more ‘BraveHeart’ like Robert Phang.

    Upright to hold Justice, Equality, Impartiality, etc as the Tenets of a Just & Equitable Society.

  2. We salute you, Tan Sri Robert Phang –

    For being steadfast , and firm about your belief in upholding fairness & virtues of humanism – for we are all of 1Human race !

    I am a muslim, so I would also plead to the Muslims of the World NOT PREACH HATRED which in the end will disentitle us to inherit this paradise called ” Earth ” !
    Before we get ” extreme ” about non-issues like Christmas trees, Santa Clause and symbols that Christians venerate, could we try to get back to senses ! So, what about things relating to dragon dances & displays that Malaysia have ingrained as part of its traditional heritage, what about Hindu Kavadis ceremonies at the Batu Caves, what about the Nine Emperor Gods festival at Ampang ?
    If we muslims proclaim that Islam is a Religeon of Peace & tolerence, one thing I implore is NOT to preach hate !

  3. Justice&Equality and Abnizar7,

    Thanks for your contribution to this blog. Happy New Year. See you in 2011 tomorrow. The passing of 2010 is now a matter of hours and it will be into history after that. But Justice, Truth and Human Dignity transcends to time and into 2011 their quest goes.–Din Merican

  4. Instead of making public statements, Robert Phang should advise or tell Abu Kasim to investigate immediately Gani Patail’s suspicious corrupt act of accepting gratification in the form of the Haj package and other allegations.

    Better still, Robert Phang should tell Abu Kassim to step aside so that he could take over the stewardship of Macc. As Chief Comm Robert could investigate and also prosecute Gani Patail.

    Abu Kassim is someone with a ‘soft’ character who is only good at talking. If you tell the public, please help Macc to eradicate corruption, then you must be prepared to walk the talk by investigating all corrupt people irrespective of their standing in life. That is how corruption is to be eradicated.

  5. La, I am prepared to give Dato Seri Abu Kassim give to time. He just took on the MACC top honcho job. His job is to investigate and only the A-G can decide to prosecute or not. That is the set-up in our system. –Din Merican

  6. Thanks to your Steadfastness Din Merican !

    You are the Crusader for tolerence, peace & justice and a firm believer of a truly united & a properous Malaysia .

    Many happy returns for The New Year

  7. “Prophet Muhammad’s sermon at Arafat is one of the world’s greatest human rights declarations. More than 1,400 years ago he spoke about liberty and property, racial equality, women’s rights and the ruler’s subjection to the law.”
    In law, West is not really best
    December 29, 2010 — rightways

    I have just read this at rightways blog and found this to be apt because M’sian leaders are attached to this world and have forgotten this law laid down 1400 years ago.So much for being a moslem nation. Do not sin and call yourself a moslem and do otherwise with your actions.

  8. Thank You Mr. Merican for your Blog’s contribution in 2010 to building a Better Malaysia for Us & Future Generations.

    May 2011 be the Malaysia’s Year for all its Citizens !!!

    Hidup Malaysia!!!

  9. Our politics is so childishly transparent. If someone falls out of line or has a twinge of conscience while we are plundering together, first appeal to considerations of “agama, bangsa” etc. to get him to shut up, then use any of the wide range of dictatorial (terrorist) laws.

  10. This is probably the only 1 and only Tan Sri I will take my helmet off and *tabik spring*..but unless and until more Malaysians, are willing to stand up and voice out such declaration for peace, goodwill, justice, respect for each other, Tan Sri Phang will be a lone voice in the wilderness of bolehland.

    Abang Din, HAPPY NEW YEAR to You, Dr Kam and all the other readers here…
    God Bless all of us.

    Keith Khoo

  11. Din Merican has already called our Maha Rogue Tulukan a crook , a thief and an utterly corrupt ex prime minister. I keep wondering when Robert Phang will do the same ! If we don’t start with him, we wont get anywhere because all the other ROGUE’s like mr petai, ” membiak ” or were his off springs .

    This morning the BBC website reported that the former President of Israel Mr Moshe Katsav was found guilty and convicted of rape by the Israeli courts. There country is in effect making a statement that ” nobody is above the law ” and ” all are equal before the law “.

    Mr Robert Phang , why is it different in Malaysia?

  12. My final bark for all and sundry for this year:

    Despite all the huffing and puffing and fierce rhetoric – one thing is certain – there is no such thing as 1Malaysia. There is no evidence of inclusivity, multiculturism nor sociopolitical reform. Acronymised Malaysia has been in a fugue for the past year and all the kings men haven’t a clue on how to glue the pieces together. So much for the cheap, cynical politicking, fumbling and moral cowardice shown by the establishment – especially the emasculated PM. Not that the blokes in Pakatan are any better due to their sheer naivety, impotence and incompetence, with some notable exceptions.

    Come 2011 and the next GE, and we shall again rumble and tumble in the jungle. Let those who tremble at gambling for change and those who fear the unknown be forewarned that all is not well. Change we must! Discard the entitlement ways and coprolite (fossilized excreta) mentality.

    In the meantime, i wish our gracious bloghost, his lovely, erudite spouse and my friends here a joyous, cheerful and humorous New Year.

  13. Tabik spring to Tan Sri Datuk Robert Phang ! Wonder is there a single person in umno@upco as him !
    Perggghhhhh …

  14. On behalf of the Dissenters, who can’t distinguish their anteriors from their posteriors:

  15. Menyalak-er,

    Here is my response:

  16. A Very Happy New Year to Dr Kam and Din, and everyone here. Thank you for your constant push for change and persistence. It is to be emulated.

  17. ap AP ap, Sdr Din M and loved ones, and readers here.

    2010 sees Rakyat’s voices rising,louder and bolder, which is necessarily a gOod development for a developing nation named Malaysia. Cheers to awe, YL, Desi

  18. Din Merican: “His job is to investigate and only the A-G can decide to prosecute”.

    You are completely wrong on this point. Just read section 5(6) of the MACC Act. It says: The Chief Comm. shall have all the powers of an officer of the Comm and shall have such powers of a Dep PP as authorized by the PP..”

    You see the legislator gives the Chief Comm the powers of investigation as well as the power to issue a consent to prosecute’ which powers are not given to the IGP. Abu Kassim can haul up Gani Patail to court, if he has the balls, anytime he likes. Remember the false medical report involving Anwar’s black eye. Au Kasim could arrest Gani Patail and charged him u/d s.192 for fabricating false evidence if he has the balls.

  19. There are thousands of Justice of Peace in malaysia but unfortunately, only 1 dared to speak up, the rest ….(sigh)

  20. La, I stand corrected then. I was always under the impression that the power to decide on whether or not to prosecute rests with the A-G who is also the Public Prosecutor. Can someone interpret what authorised by the Public Prosecutor means under Section 5(6) of the MACC Act?–Din Merican

  21. La.. do you really think he has the balls?? there’s no doubt about it!! let’s hope it does not shrink!!

  22. Re: Khodorkovsky. “Democratic rights” etc etc. Oh Yeah? Where were all these western bleeding hearts when the likes of Putin were brutalising the Chechens? Remember the whole cities and towns razed in endless murderous bombing attacks by the Puttinites who were then such darlings of the West?

    Suddenly that exKGB butcher is a villain? Hah! Tell me another.

    Happy New Year, you hear, wherever you may be.

  23. Hi Din
    I join you in praising Tan Sri Robert Phang for his courage, dignity and conviction in righting a wrong.

    I would also like to express my admiration for your courage, commitment and conviction in pursuing justice for Rosli Dahlan. We thank you for reinstating our faith in being righteous. We thank you for your tenacity and conviction in championing the oppressed and the suppressed.

    I hope to see more Malaysians coming out with the same commitment and intelligence in righting all the wrongs that are happening in Malaysia.

    May 2011 be a great year for you and your loved ones. I would like to end 2010 by thanking true blooded Malaysians like you and Tan Sri Robert Phang. I salute both of you.

    Au Yong

  24. As mentioned by yourself, in spite of the sharp criticism thrown at Ghani Pigtail, he has chosen to remain silent. Such is the arrogance of this rogue, almost bordering on contempt of us Malaysians. Any other normal being would have resigned or like our Malaysian politicians would have shed crocodile tears at a hastily arranged press conference to plead innocence. The least he could have done would be to threaten a civil suit. But none of those. And the PM has deemed it fit to keep silent as well. Well the public will not and should remind Najib and Ghani vide the ballot box.

  25. Din Merican, crooked people like the late Mohtar and Gani will always tell you that the power to prosecute lies with the AG. To prosecute can mean 2 things ie a. to institute( charge a person) criminal proceedings and b. to conduct proceedings. Anybody can institute criminal proceeding against any person. Daphn Iking husband institute criminal proceedings v her boyfriend for an offence u/d s. 498 Penal Code.

    Unlike most penal code offences, in corrupton cases, bf you cld institute proceedings, you need a consent of a PP( s. 58) and this can be exercised by any DPP. And all DPPs are appointed by the PP who is the AG Gani and all the DPPs are u/d the control and direction of the PP.

    So you can see parliament gave special DPP powers to the C.Comm. to make prosecuting decisions independent of the AG’s chambers. And mind you the powers of the PP is also given by the same Parliament. The problem is Macc chief doesn’t have the balls to use it and still depend on the crooked Gani Patail to make decision on major corruption case.

    You go and ask Abu Kassim why he doesn’t have the balls to use his powers and still has to rely on the crooked Gani Patail to make prosecuting decision.

  26. [...] MACC Panel Advisor Robert Phang calls A-G Gani Patail a Rogue December 31, 2010 HAPPY NEW YEAR TO ALL  MALAYSIANS AND PEOPLE OF PEACE AND GOODWILL THE WORLD OVER. LET US WELCOME [...] [...]

  27. la,
    they dont rock the boat. you scratch my back i scratch yours. Untuk UMNO.

  28. MACC Panel Advisor Robert Phang calls A-G Gani Patail a Rogue. So what? Talk is cheap. Even I can call Gani Patail a rogue!! This UMNO-led Govt is recalcitrant and arrogant enough to brush aside such accusations.

    Najib is so confident of winning the next GE and possibly gaining a two-third majority with the help of the Israel-friendly APCO advisers, that this accusation is seen as a small nuisance.

    Long live UMNO and Najib as Prime Minister for another 21 years! With the best compliments of the ever grateful Malaysians to UMNO’s benevolent rule since 1957.

  29. So what ! This is inconspicious and effective to even make any difference to move these heavy weights.


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