Mat Zain: Any DPP can charge the Attorney-General with Abuse of Power
September 30, 2011
www.themalaysianinsider.com
Mat Zain: Any DPP can charge the Attorney-General with Abuse of Power
By Shannon Teoh
A former senior police officer called today on deputy public prosecutors to show the “courage and will” to charge the Attorney-General with abuse of power.
Datuk Mat Zain Ibrahim dismissed the notion that Tan Sri Abdul Gani Patail is the sole Public Prosecutor as section 376(3) of the Criminal Procedure Code (CPC) allows his subordinates to bring criminal charges against anyone to court.
“Any DPP has the power to prosecute the A-G if they want to, anyone amongst them who has the courage and will. No one can stop them, not even the prime minister,” the retired city criminal investigation chief said.
Mat Zain has repeatedly accused Abdul Gani of abuses of power, beginning with the 1998 Royal Commission of Inquiry (RCI) on Datuk Seri Anwar Ibrahim’s black eye. He has also claimed that an independent three-man panel had investigated criminal allegations against the A-G and one of them concluded the A-G had tampered with three expert reports in the black eye RCI.
“After all, it was just a DPP and not the Solicitor-General or the head of the Prosecution Department of the A-G’s Chambers who closed the investigation on the A-G,” Mat Zain said in a statement today.
Section 376(3) of the CPC states that “the Public Prosecutor may appoint fit and proper persons to be Deputy Public Prosecutors who shall be under the general control and direction of the Public Prosecutor and may exercise all or any of the rights or powers vested in or exercisable by the Public Prosecutor by or under this Code or any other written law except any rights or powers express to be exercisable by the Public Prosecutor personally and he may designate any of the Deputy Public Prosecutors as Senior Deputy Public Prosecutors.”
Mat Zain, who headed investigations into Anwar’s black eye, has also called for Prime Minister Datuk Seri Najib Razak to either form an RCI or a tribunal to investigate Abdul Gani’s conduct.
“If for some strange reasons the Cabinet considers that deceiving, misleading and insulting the Agong and government so blatantly is still a non-issue, then we are in serious trouble,” he said today.
Mongkut Bean,
I don’t get it. Isn’t the A-G also the Public Prosecutor and the person to decide who can be charged and who cannot? Am I missing the argument? –Din Merican
dinobeano - September 30, 2011 at 10:36 pm
Yeah ok. Like that’s going to happen. We live in a corrupt world with corrupt people.
didi - September 30, 2011 at 11:21 pm
There is Gani Patail the private citizen, subject to the same law and rules of law as those he prosecutes, and there is Gani Patail the Attorney General. Mat Zain is confusing the two.
Mr Bean - October 1, 2011 at 12:48 am
So as to separate the two, it is obvious that Gani Patail the Attorney General must be made to resign. So due process could begin against private citizen Gani Patail.
Mr Bean - October 1, 2011 at 1:03 am
But first there will have to be strong facie evidence in order to proceed. An investigation prior to that would require him to be placed on leave; and then the decision to prosecute will have to come from the highest level of government. Prima facie evidence is defined as evidence the veracity of which if unrebutted would tend to prove the guilt of the accused.
I don’t see that happening under this Administration. Which makes this discussion purely academic.
Mr Bean - October 1, 2011 at 1:19 am
If Mat Zain is not careful he might end up with an accident and his next of kin informed by the coroner of his verdict of misadventure. His departure so sudden that he would have to share with brother Al-Awlaki the 72 virgins waiting at the Gate of Paradise. There isn’t enough time to arrange for another 72. The notice period for God is 7 working days.
achmed_thedeadterrorist - October 1, 2011 at 3:27 am
In the case of the situation in Malaysia, very theoretical. Even if the opposition takes the reign of 1Malaysia, the same will happen.
Brian - October 1, 2011 at 5:22 am
Not sure about that Brian, never tried never know.
webelos - October 1, 2011 at 10:23 am
Mat Zain is firing blanks.
Careful, there is a high possibility of powder burns and flash-blindness. Time to enter politics.
C.L. Familiaris - October 1, 2011 at 1:27 pm
Don’t think any DPP have any guts to file charges against the AG. Most of the DPP’s owe their appointment to the AG and they treat the AG as God. Similar to other government department. No junior officer dare go against the KP, KSU etc. One fart from the KP or KSU these officers run helter skelter.
Secondly the whole administration will not allow the case to see daylight and I also wonder which judge will dare take the case. The judges will need the OK from CJ or LP and this also includes OK from the politicians.
Interesting to read former LP Zaki thoughts as shared with Malaysiakini and his admission on several issues including selecting panel of appeal judges for the Perak fiasco and bribing of clerks to move files.
webelos - October 2, 2011 at 1:36 am
Prior to that there has to be an official investigation into his activities to see if there has been any crime committed and for that to happen he would have to be put on leave; and a decision to prosecute will have to be sought later and only when there is enough prima facie evidence to proceed to trial. Before it even gets to this stage they would have asked him to resign. So the scenario outlined here is fictional.
scarlet.pimpernel - October 2, 2011 at 8:07 pm
And when the decision to prosecute is made, it will be against Gani Patail who is no longer the country’s Attorney General but a suspected felon.
scarlet.pimpernel - October 2, 2011 at 8:09 pm
So what’s the fuss about??
scarlet.pimpernel - October 2, 2011 at 8:16 pm