November 4, 2011
Sack the A-G!
by Din Merican
This was reported by Bernama a few hours ago:
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November 4, 2011
Judge Ghazali Cha dismisses Government’s application for forfeiture of property
“The High Court today dismissed an application by the government to forfeit property valued at more than RM32 million owned by two individuals and seven companies that had managed the Port Klang Free Zone (PKFZ) project.
Judge Ghazali Cha arrived at the decision after finding that the federal counsel representing the government failed to show proof that the property was linked to any illegal activity.
Ghazali ordered that the freeze on the property, which is in the form of cash, cheques and land, be removed and the assets be returned to the respondents.
The judge said the Federal Counsel had only depended on an affidavit without any supporting document to show that the property was obtained illegally, and that the affidavit was based on the probe by an investigating officer without any recording of statements from witnesses.
On November 23 last year, the government had applied to have the property of Bintulu MP Tiong King Sing and Law Ka Hing as well as Kuala Dimensi Sdn Bhd (KDSB), Transshipment Megahub Berhad, Coastal Skyline Sdn Bhd, Wijaya Baru Aviation Sdn Bhd, Wijaya Baru Sdn Bhd, Wijaya Baru Construction Sdn Bhd and the Selangor State Development Corporation (PKNS) to be sealed and forfeited.
Ghazali also dismissed an application of the Federal Counsel to defer his decision.”-BERNAMA
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Cavalier Attitude and Arrogance in handling of this case
The message from the good Judge to the A-G who is also the Public Prosecutor is very clear to me – that the freezing of assets is a very serious matter and yet that the A-G’s officers have been very cavalier in handling it. The Federal Counsel’s failure to provide any evidence of wrongdoing before the Court can authorise forfeiture of assets reflects not only shoddy investigation and the lack of professionalism on the part of the A-G’s Chambers but also the arrogance of the A-G himself in dealing with this case.
No one can take the law into his own hands to freeze assets without proper investigation to justify such an action. As the top man, the A-G must now take full responsibility and explain this legal defeat to the Prime Minister and the Cabinet.
Zaid Ibrahim on the A-G’s Office
A couple of days ago, I posted Zaid Ibrahim’s article,”Reforming the A-G’s Office” on this blog and it would be useful for me to quote the following on the A-G from that article.
Quote: The person who holds the office of A-G must be one who make himself transparent and accountable. He must not be the type who is reluctant to engage with the public. He must not remain below the radar, a personality trait common among those who like fishing.
It is true that he is the chief legal adviser to the government and the Prime Minister, and in a sense it is true that for as long as his employer is happy with him, why should he care about what the public thinks.
But he is wrong to take this attitude. He is no ordinary civil servant. He is ex-officio the Public Prosecutor with powers conferred to him by the Federal Constitution.
As Public Prosecutor the A-G is entrusted with making sure that the criminal justice system works well and functions with integrity and fairness. As a legal adviser, the A-G makes sure that the activities of the government are legally defensible.
The A-G works for the government of the day to make sure that all government actions are in accordance with the law – a good legal adviser will also put his or her foot down when the government transgresses the law…The A-G cannot say “it’s my power and that’s the end of the matter”. The A-G is a public institution and, as such, must be held accountable and answerable to the public. Unquote.
Too Many Complaints against the A-G
There are just too many complaints against A-G Gani Patail. His Haj trip with Tajudin Ramli’s proxy, Shahidan Shafie an ex-policemen who was once charged for corruption, is still unexplained, regardless that the MACC had cleared him.
Tan Sri Robert Phang had also exposed A-G Gani Patail’s relationship with the Ho Hup towkay Dato Vincent Lye, complete with pictures of them together. Again, no explanation is given.
Before things get worse for PM Najib, it is time for the Government to review not only the role, functions and operations of the A-G Chambers but also the person heading it. With all these problems, it is time I say – just sack the A-G!
Din Merican: the Malaysian DJ Blogger 
More on the Predatory State:
Click to access Predatory%20leaderships,%20predatory%20rule%20and%20predatory%20states.pdf
“The judge said the Federal Counsel had only depended on an affidavit without any supporting document to show that the property was obtained illegally, and that the affidavit was based on the probe by an investigating officer without any recording of statements from witnesses.”
Good Lord! Affidavit evidence is not (real) evidence but self-serving statements. This shows how far they think they can get away! And they have for the most part.
But Dato, you’re barking up the wrong tree by calling for the resignation of the country’s top prosecutor. Let’s not be naive. He is not into this alone. But this time, enough public interest could well be racked up since it is a non-partisan issue. Even then it may lead to a mere change of guards with nothing else and no real change.
Does the matter involve a Mareva injuction? Such an ex parte injunction involves a balancing of interests i.e. that of the likelihood of success and the damage done. Never easy to begin with.
The problem of the AG lies with NAJIB as PRIME MINISTER.
The buck of govt stops at HIS table.
BUT Najib simply has NO BALLS to sack the AG….
Spineless and only interested in a makeover of himself by foreign Public Relations companies like APCO, and trying to deflect himself away from the garbage coming from his Cabinet and Govt eg the Feedlot Crony Project and now the arrogantly incompetent Attorney-General.
Perhaps the PM himself is the problem.
“No one can take the law into his own hands to freeze assets without proper investigation to justify such an action. As the top man, the A-G must now take full responsibility and explain this legal defeat to the Prime Minister and the Cabinet.” Dato Din Merican
Legal defeat? Is it final?
This man spends millions of taxpayer money losing cases, winning some controversial ones, and not pursuing others. Anywhere else he would be forced to step down. But then this is Malaysia, a third world country with a justice system in tatters, with first class infrastructure and nothing else to add.
It is a country where you can make things appear and disappear. It is Abracadabra all over again. Now you see, now you don’t – and it is Friday.
No balls?
Nah, it’s probably ‘cuz the dingbat is fiddling the left, while FLOM’s squeezing the right.
Meanwhile his deputy/Octo/Dopey and gang are all trying to shaft it to him from behind. All this, while he’s busy shafting it to Anwar/LGE/Mat Sabu!
Very busy Cool flur..!
Yes , we may ask for the sacking of AG Patail and if granted, in his stead will be another spineless individual . Everything falls in place for a particular UMNO icon not the high office of the Prime Minister and it is ahead because this iconic FIGURE , the actual puppet master , the one calling all the shots , is no longer in office.. So how do we intend to get rid of him . For those who haven’t realised it , the office of the Prime Minister had been dismantled some two decades earlier ..
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danilduad,
One step at a time, unless you want a revolution, which I do not advocate. I support phased reform. I agree with you that Mahathir destroyed our institutions of governance thoroughly and soiled the Office of Prime Minister. But do not worry and despair not because like me, he is heading in the same direction towards oblivion and into nothingness. But, thank God, we will be on different kerbaus.
Time is the great equaliser and leveller of all things including the affairs of men, big and small. In the end– and that is where it matters–we, Kings or Paupers, are all equal. I recall the greatest French of the 20th century, Charles de Gaulle saying to his grieving wife Yvonne at the conclusion of a brief private service at the graveside in Colombey-les-Deux-Eglises’ humble cemetery (where he himself was later buried next to her) of their mentally retarded child Anne,”Come, now she is like the others”. (see Nixon’s book Leaders, pg.72) –Din Merican
Bean,
No Mareva. This would have been under AMLA (Anti-Money Laundering Act) which requires a proper investigation before assets can be seized. These people had challenged the Minister of Transport then and even the MCA leadership. To keep them quiet, the MCA Towkays used the AG to try shut them up by seizing all the corporate assets without proper investigation.
These AMLA DPPs are demi-gods on their own that even the Heavenly Gods of the underworld fear them. They do things as they please without following due process. I think one of them was sued by Rosli Dahlan for labeling him as Dato Ramli’s nominee. The lawyer representing Bintulu MP Dato’ Tiong King Sing is the same who represented Rosli. Tiong is the beneficiary of the legal challenges that Rosli mounted against the AG Chambers. While Rosli is a white knight, can’t say the same for this Dato’ Tiong.
But I agree with Din’s strong stance- yes, Sack AG Gani Patail!
“The judge said the Federal Counsel had only depended on an affidavit without any supporting document… or any recording of statements from witnesses.” Bernama
The same complaint made by Dato Ramli Yusuff !
First sack the PM, then you can sack the AG. Can’t sack the AG when he’s protected by the PM
“First sack the PM, then you can sack the AG. Can’t sack the AG when he’s protected by the PM” webelos
Naaah! First sack the Fat Lady so she doesn’t sing no more.
One kick to her fat backside will do the job.
How can you sack somebody bearing your secrets?
First sack the Fat Lady so she doesn’t sing no more.-Mr Bean
Difficult…. the FAT LADY has the backing of OWC. These women will march down the streets naked because the Fat Lady and Najib are their poster-models for the definition of heavenly sex.
Can’t sack the Fat Lady. She’s not an employee nor an elected representative, just a leech and hanger on but who is now in control. She’s one of those plants that live off another plant somewhat like a wild orchid. To remove her needs to remove the main plant.
Leech?
Hmm.., quite a bloody mess to remove esp when it’s attached to the scrotum. The last time i got one stuck thereabouts, i was hollering ’til kingdom come. Fortunately a lighted ciggie does wonders although the ‘itch’ lasts. I wonder how this flur bears with this! No wonder he looks so stressed, even with all the rapturous applause (like canned laughter) he receives in Chow Kit.
Yup! A revolution would be too extreme , perhaps a more mild revolt via the ballot box … But than again what reliable alternative are we left with , certainly not a loose coalition of Pakatan wannabies plagued with a major contrast of ideologies and many other flaws. Salam Hari Raya Korban…
AG charges selected people not so much to seek a conviction but to humiliate, intimidate and victimize those whom he closes to. Never mind the evidence. He might not have an iota of it has it has been seen in countless cases.
But he still succeeds in destroying his enemies business (Rosli), career (Ramli), character (Phang), family dignity (Anwar) and list is endless.
The good thing, is we have some honourable judges sitting in the High Court benches, as the scums have all been promoted to the COA and FC.
That is where they overturn whatever is decided by the honourable man at the High Court.
The AG will appeal and the decisions will be overturned. So don’t bottom’s up yet.
And don’t dream Najib will sack this idiot.
more mild revolt via the ballot box …-danildaud!
hows that going to happen with all the crooked mechanisms available to the ruling government?
one can’t wait forever for a reliable opposition to come along, if you don’t give them a chance now, nothing is going to happen to stop the deterioration of the country. it already has semblance of ‘Krieg gegen eigenes Volk’ as reported here about the Arab Spring.
as already pointed out by others and Dato, at the end of a revolution or a civil war we’ll have a country in disarray in every sense like Tunesia, Libya or Egypt. a mild reform is the best but we can’t expect that from umno-bn
if PR is elected into government at least we the rakyat have the possibility to coax them into playing the game properly or throw them out.
p.s.,
the loose coalition PR, what happens if the registrar of parties don’t register them before the GE13?
They, the AG is just the donkey to his master. For that kind of work shows to he people how dangerous our country is in by having a very stupid AG! I agree we need to sack the pm then the rest will be history.
Looking at this court case in the bigger context of the personalities involved I can’t help but feel the whole bungling episode is deliberate as doing it right will untangle a web of deceit and other heinous acts that would cause a new pak haji sleepless nights.
Agreed, its all a bunggling show….deliberately to tell rakyat that something is being done, when this AG-flur hopes that it will come to ‘nothing’ – same story with the TR-Mas suits & counter-suits a morass of entanglement for which the public feel ‘lost’ !. So its ‘ big ‘ story about Amicable Settlement , the idea being that the RM8billion scandal is all but fogotten….
But they will hound ” innocent” targets to deflect public scrutiny on their own evil masqurades, until their victims are made to languish, suffer in silence, and left to ‘lick the wounds’ in solitude….
Yes…put him in the Gani-Sack & throw him into the cold icy waters of the Pole, in the same way Osama was given the last honour !