October 16, 2011
Robert Phang slams A-G Gani Patail Again
by Din Merican
I received an email from Tan Sri Robert Phang attaching his press statement attacking Dato‘ Seri
Nazri Aziz and A-G Gani Patail. The press statement is very blunt.
Robert Phang questioned the government’s seriousness on the cases involving Tajuddin Ramli. This stemmed from Nazri Aziz’s statement that A-G Gani Patail has agreed to compound the offences committed by former MAS Chairman, Tan Sri Tajuddin Ramli.
Robert Phang again raised A-G Gani Patail’s involvement in a corporate tussle in Ho Hup Bhd where the A-G filed 11 charges for some very minor late filings of statutory returns.
The point raised by Robert Phang about A-G Gani Patail’s selective prosecution and abuses of power is valid. We have seen many of such instances lately. The fact that A-G Gani has taken no action against Robert Phang for his incessant attacks can only suggest that all of Robert Phang‘s allegations are true.
Now read Phang’s statement below:
Selective Prosecution by A-G Gani Patail
1.On 6th October 2011, it was reported that the Minister in the Prime Minister’s Department, Dato’ Seri Nazri Aziz gave a written reply to Lim Kit Siang (DAP-Ipoh Timur) in Parliament confirming that former MAS Chairman, Tan Sri Tajuddin Ramli, had committed offences under Sections 131 and 132 of the Companies Act 1965. The MalaysiaKini Report (dated October 6, 2011) is below.
2.This admission is a positive development. However, I find it very disturbing that A-G Gani Patail has agreed that Tajuddin would be let off lightly by just compounding the offences that Tajuddin had committed. Indeed, there is such a provision to compound offences under Section 371A of the Companies Act. However, the exercise of such powers must not be abused. If A-G Gani Patail is allowed to do so, the Rakyat will view this as sweeping things under the carpet. Where is accountability? Where is corporate governance?
3.The acts which constitute offences under Section 131 and Section 132 Companies Act are very serious as they go to the very core of a company and of corporate governance. The Board of Directors and each and every director as fiduciaries of a company are expected to behave with honesty and integrity and must never place themselves in a position of conflict, what more to plunder a national company for their own benefit. That, in essence, were the allegations against Tajuddin Ramli. And yet despite Nazri Aziz’s admission, A-G Gani Patail will just compound his offences. To me ,that is unacceptable.
4. I say so because I am now in possession of several charges for some very minor and technical offences. I am referring to the case of Dato’ T C Low and his sister, Low Lai Yoong, involving a corporate tussle in Ho Hup Bhd. There were allegations that A-G Gani Patail had abused his powers by assisting his friend, Dato Vincent Lye, to prosecute Dato’ T C Low.
Pictures have since surfaced in the internet of A-G Gani Patail with Vincent Lye at Ho Hup’s office. Documents have also surfaced of gratifications being provided to A-G Gani Patail. A-G Gani Patail has denied, but to date, the MACC has not issued any statement on this matter.
5.What is perplexing to most company secretaries and those in the corporate world is that it is not uncommon for statutory returns to be delayed or filed slightly late with the Companies Commission of Malaysia (CCM). But in the case of Dato T C Low where there was no dishonesty but just a mere lateness, no compound was offered. Instead, A-G Gani Patail filed a total of 11 charges against them. This is preposterous. This constitutes an abuse of power.
6.I call on the government that there should not be such discrimination. Everyone must be treated equally before the law. If Tajuddin’s offence, which is very serious, can be compounded, then others should be too. Why is Tajudin given this special treatment? Why is the MACC not looking into this as a case of abuse of power?
7. If PM’s Najib’s vision is to transform the country, then, such inequalities and abuses must stop!
“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, THE MEEK WILL RULE THE WORLD”.
Tan Sri Datuk Robert Phang Miow Sin
Justice of Peace
http://www.malaysiakini.com/news/177887
October 6, 2011
Tajuddin may face charge under Companies Act
by Malaysiakini
Former MAS chairperson Tajuddin Ramli may face a charge under the Companies Act, but only after the court has disposed of a slew of legal suits filed against him by several government linked companies (GLCs).
Minister in the Prime Minister’s Department Nazri Aziz confirmed that there is evidence to show that Tajuddin had allegedly violated provisions under Section 131 of the Companies Act 1965 (Act 125), and that the attorney-general had forwarded the case to the Companies Commission of Malaysia (CCM) for further consideration.
However, Tajuddin had applied for a stay on the charge until the courts dispose of the on-going suits filed against him, to which the attorney-general agreed.
Nazri said this in a written reply to Lim Kit Siang (DAP-Ipoh Timur) in parliament.
There was no clear indication in the written answer on which case Tajuddin will be charged, though it did state that the evidence was based on testimony recorded in a case file referred to the attorney-general in 2006.
The gravity of the charge is also vague, as the written answer merely stated that Tajuddin faces a “compoundable offence” under the Act. Offences under Section 131 of the Act carry a penalty of seven years jail, RM150,000 fine or both.
Police Reports filed in 2002 and 2005
The last known investigation on Tajuddin is believed to have been carried out by the commercial crime investigation department (CCID) based on two police reports filed in 2002 and 2005.
It was claimed that the-then CCID Chief Ramli Yusoff recommended that action be taken against Tajuddin and two others under Sections 131(1) and 131(2) of the Companies Act for failing to disclose their interests and making false declarations.
Tajuddin had allegedly acted inappropriately in a cargo handling contract in Germany between MAS and Advanced Cargo Logistics GmbH (ACL), a company which he was said to have controlled through nominees and had a close relationship with ACL directors. He is also accused of using his position in MAS to secure the deal for ACL, to the detriment of MAS.
Tajuddin is currently facing a clutch of lawsuits by several GLCs, which are claiming that he had failed to follow up on a “global settlement” deal that he himself had proposed to settle alleged non-payment of loans taken up to fund his acquisition of a 32 percent stake in the national carrier in 1994.
Tajuddin himself filed a counter-claim of RM13 billion against the GLCs and the government. The Kuala Lumpur court has fixed November 3 for case management.
Din Merican: the Malaysian DJ Blogger 
There goes Malaysian justice !
AG Gani Patail let off Razak Baginda for murder. AG let off Tajudin Ramli for plunder. In Malaysia, if you are a bumiputera and close to the corridors of power, you don’t have to be afraid even if you commit an offence. Nobody will dare touch you.
See what India does to Ananda Krishnan and Ralph Marshall. Both are powerful Indians, yet India doesn’t care. You can’t do in India what you can do in Malaysia!
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Ivan,
India is going great guns, they say because they observe the Rule of Law and their Judiciary is truly independent. Play by the rules or else you are in deep trouble with the Indian authorities. In that country, know who is irrelevant. We can understand why India is surging ahead into being a major economic power along with China.–Din Merican
The issue of control over a company and its affairs through nominees is related to the duty of the utmost good faith a director has both to the company and to each other. When you have a company in which you as director have a financial interest wanting to do business with the company on whose board you sit as director, nothing less than full disclosure would help avoid claims of breach of fiduciary duty.
The company is a separate legal entity but when fraud is alleged, the law allows the litigant to pierce the corporate veil to expose the fraud.
But then this is Malaysia!
Dato’ Din Merican,
The link you provided shows that the government now admits that then CCID Chief Ramli Yusoff had spoken the truth about Tajuddin committing offences under Sections 131 and 132 of the Companies Act. These are very serious offences. That is why the CCM make it compulsory for all Directors of PLC to attend courses on conflict of interest and breach of fiduciary and statutory duties. This will be a slap on the CCM’s face.
On the other hand, the action by the Government of India against Ananda Krishnan and his deputy shows how Malaysian businessmen will get into trouble in foreign countries doin what they have been doing in Malaysia.
“However, Tajuddin had applied for a stay on the charge until the courts disposed off the on-going suits filed against him, to which the attorney-general agreed.” – Mkini
Tajudin apply for stay of the charge? Waah, criminal charge can stay mah? Usually,the criminal case will go first and that conviction will be useful in the civil settlement. This Tajudin damn powerful man. Who is his bomoh?
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WeeWee, Malaysia Boleh mah.You need the backing of somebody powerful to break our laws and get away with. No body will invest here if there is no Rule of Law and an Independent Judiciary.–Din Merican
Dato’ Din,
Good day to you Sir.
I submit that, unless there is political will and approval, Gani Patail is untouchable, we all know that, and we must acknowledge that. And that will, must not only come from Najib, but from the entire Cabinet, and Mahathir too, otherwise, Mahathir will feel too vulnerable if Gani is replaced and the new AG is independent minded.
I can personally put together dozens of charges against Mahathir, from Petronas rescuing Mirzan, indeed all of Mahathir’s childrens’ corporate maneuvers, the one sided IPP Agreements, the Toll Agreements, sheesh, there are just too many to name.
Mahathir can’t afford to take that risk.
Besides, I do not ever, see this happening during Najib’s watch. I am sure Gani has loads of secrets about Najib and Rosmah, and Najib will also not take that risk.
Remember Sir, that when Tan Sri Robert Phang initially made a statement Gani, his credibility was questioned, and all sorts of accusations suddenly surfaced against him, by UMNO friendly blogs. Given that scenario, I doubt that any Minister will ever want to start any moves to replace Gani, as we all know that ALL our Ministers’ have skeletons in the cupboard, which Gani can easily find. So, again, we can’t depend on His Majesty’s Ministers’ to do anything regards Gani as well.
It’s no use just passing out statements, time and again, that action must be taken against Gani, when we know that is asking for the impossible.
What has happened to Datuk Ramli Yussof and Rosli Dahlan, is sufficient to prove my point.
In my humble opinion Sir, the people, with the assistance of the Pakatan MP’s, should begin by passing a motion in Parliament, NGO’s, the likes of Bersih, should apply pressure on the Govt., use different fora, even ones’ outside of the country, make it an election issue, and bring Gani to justice. And it must be done relentlessly, not seasonally.
I sense a certain reluctance on the part of the Opposition Leader, Anwar Ibrahim, to start something against Gani. I can’t understand why.
My brains alone, isn’t sufficient to come up with a solution to replacing Gani.
in the interest of justice, I implore right minded people to do something, otherwise we will continue to live in a lawless land, or a land where there are two sets of rules, one for UMNO and their cronies, and one for us.
that man is god-like. untouchable. you ask why. may be, he has too much dirt on the PM office?
“In my humble opinion Sir, the people, with the assistance of the Pakatan MP’s, should begin by passing a motion in Parliament, NGO’s, the likes of Bersih, should apply pressure on the Govt., use different fora, even ones’ outside of the country, make it an election issue, and bring Gani to justice. And it must be done relentlessly, not seasonally.” – Don
Yes! I fully agree- let’s all pass motion in Parliament to show the shit government running this country!
“Everyone must be treated equally before the law.”Robert Phang.
Tan Sri,
But this is Malaysia? Here we have different laws for different people and no law for some people.
What equality is there to talk about when the Judiciary itself is standing on its head?
The Judiciary and the AG chambers (and all other institutions) have become privately owned entities. Owned by UMNO and its cronies.
Ringo,
I am afraid ‘we’ can’t pass a motion in Parliament, the Pakatan MP’s must do that, but they do not seem to want to do just that.
What, we can do is this, we should all delude our local MP’s with requests and indeed even ultimatums, that, unless they do, what WE want them to do in Parliament, we will NOT elect them into Parliament again. This applies to both the Pakatan and BN MP’s.
Let’s start with applying pressure on the Pakatan MP’s first, then move into other forms of pressure, towards others’. The MP’s must be told, in no uncertain terms, that they were elected to represent us, not to look after the interests of the AG, the IGP, the former IGP, the former PM’s, the MACC, etc.
We must say, “enough is enough”. We must be sufficiently motivated to want to bring back the glory to our beloved land, again.
I was born and bred here, my children were born here and will be bred here, and their children too will be born and bred here, etc.
I want to be able to take anyone to court, if the need arises, and be confident that I will win or lose on the merits of the case, and not lose because the other side is friendly with some cronies of BN. Wishful thinking? I hope not.
I can’t find a better forum, than Dato’ Din’s blog, to say these. Dato Din is one of the few individuals whose stand on the A-G, is consistent and well known
Period.
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Thanks, Don.It is all about the Rule of Law. We must be able to court to seek justice. –Din Merican
We have said enough once too often. Hopefully, GE 13 will be the time when enough completes its circle. Let’s make it happen.
Don,
I agree with Ringo. We should pass motion, piss and shit in this Parliament for so long is Nazri Aziz is Minister in charge of Parliament. This beruk jantan is turning the system of law in our country to be like the jungle where he comes from.
Thanks kiasukiasi for getting me right. Don is too straight to understand. This BN dominated Parliament with Ministers like that beruk jantan Nazri giving shitty answers don’t deserve our respect. We can only stop these selective prosecutions if we change to a government that will remove crooks like Gani Patail from holding high offices.
Btw Don, are you the Dr Mohamadon who lodged MAS’s reports vs TR and gang?
Don is right it’s a Cabinet decision. You guys can debate this until the cow’s come home in Parliament, but it’s the Cabinet that has the power to get rid of this dung-beetle. Nazri for all his lame bravado is just an overpaid messenger boy.
For the time being, nothing spectacular will happen to the judiciary nor AG chambers. Which brings to mind, what happened to the Auditor General’s report? Another Cabinet decision..
I disagree with Minister Nazri, AG Gani Patail and current CCM Dato’ Azmi that Tajudin Ramli committed a “compundable offence”. The powers to compound offences under Section 371A of the Companies Act is not meant to be used when there have been conflicts of interest, fraud, dishonesty or breach of fiduciary duties especially when a director has benefited from contracts to the detriment of the company. The allegations against Tajudin Ramli is that he defrauded MAS through other companies which he owned, either directly or through proxies. That is very serious and tantamount to cheating or CBT. Cheating and CBT are not compoundable under the Penal Code. It is thus unthinkable that the Companies Act which emphasises on corporate governance would then countenance such conduct by allowing the Registrar or the Commission to compound such offences.
Tajudin should be prosecuted just as others have been prosecuted. Recent examples are OC Phang and Tun Ling Liong Sik in the PKFZ scandal. This super special treatment given to Tajudin Ramli suggest there is an attempt to sweep things under the carpet and makes a mockery of the CCM’s slogan for a corporate governance regime. CCM will lose credibility like SPRM/MACC if they do this.
On the other hand, s. 371A should have been applied for minor and technical violations in s.69. Thus, I agree with Robert Phang that the 11 charges against TCLow suggest selective prosecution. Add to that AG Gani’s alleged relationship with VIncent Lye supports an allegation of abuse of power.
What law are talking about? In Malaysia, the only law I know of is the law which is used by the chinese hawkers for their famous “Law Mee”. This “Law” is made by adding flour to water. After cooking, it turns into a sort of a thick gravy. So you see, in Malaysia there is no law except the one that we make for ourselves. Yes, make your own “Law” acording to your preference.
So Malaysia’s Parliament has become the country’s outhouse where you go to pass motions?? That’s a thought.
Yup, Bean. There is where the Executive power’s really lie – the Cabinet.
The civil service is an extension of that power, unfortunately. It’s definitely not in Parliament – where a vote of no-confidence against the AG will not carry thru’ – and even it does, it is still up to the PM and by extension the Cabinet, then the Chief Sec. Hire and Fire policy at this level is unheard of.
Remember the case of the JKR DG? In order to entice him to vacate the post to his deputy, they had to promote him. Now same level as the Auditor general. All major appointments above a certain grade and in strategic posts, are subject to Cabinet scrutiny. Lower grades are more dependent on “Suck-Up-ism i.e.Bodekism”.
“The MPs must be told… that they (are) elected to represent us, not to look after (others’) interests… DON.
Exactly the necessary line of reasoning but what is the best way to bring this about? That is why I have been suggesting an elected watchdog to ensure our interests are never again overlooked.
With the worldwide “occupy” movements gaining momentum, I believe such watchdog ideas will gain favour.
Who is looking to control the watchdog? Another fresh layer of bureaucracy won’t work.
First, call your own MP and voice your opinions to him/her. You can meet him/her in the Parliament House, in their offices, find out their schedules, work in teams and follow them, wherever they go.
This includes MP’s from the Pakatan too. I don’t see a reason why they shouldn’t be held responsible.
Remind them of the speeches they made during the general elections, possibly even tape it and download it to the internet.
In the UK, there are specific places and seats available, including in the lobby, to meet with your own MP. People travel hundreds of miles, to meet with their MP’s, often with appointments, sometimes not and request him/her, to bring up certain issues in Parliament, to complain about the health services in their constituency, or a dozen other issues. These meetings are documented, with a copy to the constituent.
Then, the MP forwards the issues to the respective local councils, and they will revert back to him/her, within a certain time frame. problems are discussed, sorted out, an action plan agreed, and executed, and the constituent is informed.
They come from far, knowing full well, that the MP must be in Parliament, otherwise the MP has to explain where he was, what is so important than representing ‘us’ in Parliament, etc.
He knows Ministers will surely be there, not opening a new canteen in an obscure village, and getting a rolex watch in return, as a souvenir.
I know that to be a fact, because I have seen many of these meetings for myself, not only with MP’s, but also with Ministers. The UK MP comes out, arms stretched out, shakes the hand of the voter/s, tells him/them how honoured he is to represent the voter/s in Parliament, buys them a cup of coffee, explains what is happening now in Parliament, asks what the MP can do, etc. etc. etc.
Here, an entire MRT route can be diverted, because the house belongs to a ‘former’ senior Minister, and the council officials, the Ministry officials, including the DG, the SG, only read about it in the newspapers.
Remind them that they were elected to represent our grouses, and not to defend the purchase of a RM/US24 million ring.
Rais Yatim is upset because his gardener’s wife’s sister in law’s mother in law’s niece’s husband’s friend of another friend, whose son works in the office of the Penang, told him that LGE spoke in the chinese language.
They seem to have so much time on their hands.
When they come to us for votes, they shake our hands, even when we are eating in dirty hawker stalls, even when the children haven’t had their showers’. When they have won, with the votes we gave them, and they get paid money from our taxes, they become lords and we the slaves.
It just isn’t right, and it has to change.
Will any Minister allow 5 of us, to follow him for a couple of weeks, just to see how productive they are. Playing golf and drinking tea with their supporters in hotels, are not part of their official functions.
My mind just can’t compute that we have Ministers like Nazri, Rais Yatim, Liow Tiong Lai, Zaid Hamidi, etc. Surely we have more capable men, because even monkeys are more capable then these Ministers.
Just listen to the quality of speeches our Ministers make, they are meant for the mentally handicapped. I cannot understand why a Minister should have to get involved in minor issues, they should be setting the tone for their Ministries, for the future and not continuously having to cover up for issues that were mismanaged.
The Finance Minister has to be planning how to overcome the impending global slowdown, but in Malaysia, the PM and DPM say that Malaysia is prepared for it, instead, they are fire fighting.
The 2nd Finance Minister is hardly heard, and sometimes we wonder what he does.
They seem to know something, that the best economists of the world don’t. They can turn an ailing Malaysian economy around in no time, the PM and DPM say in their speeches.
How, we ask? Don’t ask, we know how, they say. I wish we can ship them both off to Greece, Italy, etc.
First on Najib’s mind, is how to get Anwar back to prison, not the future of this country. First on Mahathir’s mind, well Mahathir has a few issues, to make sure that Najib keeps Anwar behind bars, and how to enrich his sons even further. The interests of the nation are all secondary.
If I had choice, I would ban Ministers opening meaningless seminars, opening factories, opening extensions to buildings, conferences, etc. I mean, why does a Minister have to officiate the opening of an obscure building or seminar?
We have enough high ranking civil servants who are under worked, who can do that.
Ministers need to govern the nation, and take us a step above the rest, not make us below standard. Do ask the Minister of Education why none of our Universities did not even reach the Top 40, in the World, he has to refer to scores of officials, who will give him a hundred reasons.
And that is because Ministers are not hands on, they manage their Ministries, by remote control, or even worse, they are at the mercy of the civil servants, who really are not that civil.
This is the same with ALL the Ministries.
Accountability is the key word.
Dato Din, I thank you for providing this forum to us, to share our opinions, frustrations, anger, etc. Yours’ is one of a very few blogs that I do participate, but because of time constraints, I am afraid, not as often as I would hope to.
Lastly, I wish no one would ask me how to hold their MP’s responsible, if they do, then one has failed, even before one has started.