Crisis in the Attorney-General’s Chambers (?)


Phnom Penh, Cambodia

November 24, 2011

http://www.freemalaysiatoday.com

Crisis in the Attorney-General’s Chambers (?)

by FMT Staff

Allegations of internal politicking, nepotism and cronyism are swirling in the Attorney-General’s Chambers and fed-up deputy public prosecutors (DPPs) are tendering their letters for optional retirement.

Those interviewed by FMT agreed to voice their grievances on condition of anonymity These legal eagles believe that the rot is beyond repair and pin the blame on Attorney-General Abdul Gani Patail himself.

According to them, it is an open secret that those loyal to Gani rise up the ranks and are given key tasks irrespective of whether they are qualified for the job or otherwise. Those considered hostile or critical of the AG’s decisions often land in cold storage.

“The only criteria (required) is that the DPP must be close to him (Gani) and not go against his or his men’s word,” said a former senior DPP who served for nearly 30 years.Initially, only a handful felt upset with Gani but the number has grown over the years and they are tendering their application for optional retirement.

“The AG in his capacity as the head of the department is approving the applications without the slightest of hesitation,” said another vexed DPP.In their application, most of the DPPS cite “personal reasons” for their decision.

“It’s very difficult for them to state the actual reason since only the AG has the discretionary power whether to approve their applications or not. They will be asking for trouble if they state ‘AG’s conduct’ as being the reason,” said the DPP.

Son, Daughter-in-Law promoted

Quizzed on their grouses regarding Gani and his men, one DPP cited the management of the International Centre for Law and Legal Studies (ICELLS), where the AG’s son and daughter-in-law are attached to.

“Both of them have less than five years experience in the service but have already been promoted to Grades L48 and L52 respectively. In our service, there was never such a promotion exercise.

“As far as I know, it is only in Malaysia that the AG and his next-of-kin are working in the same department and same building,” he said.

He added that initially research division head K Muniandy was slated to helm ICELLS. “Muniandy was the former deputy head of prosecution and highly respected in the legal fraternity but he was sidelined, prompting him to put in his optional retirement papers at the age of 50.

“He was the only ‘Jusa A’ Indian officer in the Chambers and probably in the entire civil service. So there must be something seriously wrong when someone of his calibre and experience chooses to quit,” he added.

For the record, besides Muniandy, other senior DPPs who have left the service are S Devanandan, Ahmad Firuz Zainal Abidin, Dr Sabirin Jaafar, Shamsul Sulaiman and Sallehuddin Saidin.

Solicitor-General II on the way out

In a related development, FMT also learned that Solicitor-General II Mohamed Yusof Zainal Abidin, 56, has also submitted his application for optional retirement.

“This is the third time he has submitted his application. When he applied the first time in 2008, former premier Abdullah Ahmad Badawi convinced him to stay while his second application was submitted a few months after Najib Tun Razak took over as prime minister. Najib also persuaded him to stay.

“But this time around, Yusof decided that he will not let anyone talk him out of his decision. He is frustrated with the empty promises of restoring the integrity of the AG Chambers,” said an officer.

He also disclosed that for the past three years, Yusof’s only task has been to handle Opposition Leader Anwar Ibrahim’s Sodomy II trial. Other DPPs, he added, are told that Yusof’s offce is considered off limits and the latter is almost kept in “isolation” at his desk.

“Those in the Chambers are aware what is prompting senior DPPs to throw in the towel, while those who choose to remain, do so grudgingly. The country’s leadership is also aware of what is happening but no action is being taken to fix the problem.

“We fear that the situation has now come to a point of being beyond redemption,” said another former DPP.

28 thoughts on “Crisis in the Attorney-General’s Chambers (?)

  1. One Tamparuli petai seller is holding the whole nation to ransom. He has one hand on Jibby’s balls too. We’re in the pits…

  2. How could a 3rd Class Honors graduate have been chosen to be the country’s Attorney General? A 3rd Class Honors is no better than a Pass Degree. A Pass Degree is a conditional failure. For a long time, morale in the AG’s Chambers must be at an all time low. A 3rd Class Honors graduate is not allowed to sit for the London Bar. They will tell him, the legal profession is not for him. If he wants to be admitted to the bar he could try the Red Lion nearby.

  3. The rot lways starts from the fish-head and this is a good example of good governance being taken over by greed and where nepotism and apple polishing is encouraged. Hey,who can blame the Attorney-General when he is just aping his head-honcho’s (DS Najib) antics of ‘you scratch my back & I scratch yours’.

    Unlike other ‘democratic’ countries, all right minded citizens would agree that too much power is being vested in the AG’s hands such that he is untouchable and that his word is final no matter what. Unfortunately too for Malaysians, there is no separation of powers between the judiciary and the executive, no thanks to a former PM who has cunningly make sure that the system is on the side of present ruling gomen’s to ensure their hold on power is perpetual.

    All right minded rakyat would have to do their part in the next GE if they want to stop the rot from deatroying our nation.
    God bless Malaysia!

  4. Like I say. If Gani Patail wants to be admitted to the bar, he could try the Red Lion along High Holborn in London where V.K. Lingam would get drunk after a couple of glasses. He could never hold more than a couple. Or he could go to Chiang Mai. They may give him a job as a bus boy or something.

  5. Mr Bean, there are many who are not smart in school who have made billions and run corporations, become late developers with their masters or PhD. Isnt life experience as well as great quals and applying oneself over and above more important that. What about “maximum pridence” what about Inspirational, what about Ethical conduct. A great degree means zilch on its own ,look at Khairy.
    We have the whole spectrum in M’sia but NONE of them have applied themsleves with ,maximum prudence, utter fairness in conuct , equity , humility in conduct, thoughtfulness in purpose, critical thinking for the future of Malaysia, Silence when the time deems it to be, honourable in conduct. Who has given me these examples to emulate amongst my elders?

  6. This word ” General ” has NOW become a demeaning term in the Malaysian culture attached to every post. – General of this, General of that, has taken the dimension of the ” Tiger-General ” Culture of the Triad & Gangsterism, quite powerfull albeit Menacing, lurking in the Underworld like phantoms haunting &taubting societies, some five to six decades ago. No wonder a General was sent to prison, and another ” sent to the pastures ‘ to continue with the Triad practices that he has been accustomed to.
    Damn it, it has become a dirty word, if PKR come to power, CHANGE this Cliche’ to something new like ” Chief” – Chief of This, Chief of That….sounds ok but hope that too, merely to experiment : coz knowing our Culture, ” Chief” might gradually become , as it sounds as ” Thief” – phonetically i mean.
    Not only beginning to loose trust of the System….can’t even trust Words & Alphabets any longer….
    Whither Malaysia ? ?

  7. “In our service, there was never such a promotion exercise.”

    Wrong. In any civil service. Promotions of this sort only happens when lightning strikes repeatedly at the same spot. Imagine the number of double, triple promotions during those 5 years! Only Zeus or Thor could do that – aka ‘Hammer of the Gods’. This has turned the service into a WWF (World Wrestling/wildlife Foundation/fund) presentation!

    Something is definitely wrong, and the DPPs mentioned above did the right thing to go on optional. The civil service is paralyzed, ineffectual and totally without professionalism nor merit. The amount of deadwood is mind-boggling, and if used for kindling – would set the whole country ablaze.

    KSN? Mengikut peritah. Sign here, sign there, cukup lah.. Suruhan Kabinet, terpenting. Yet it would be impossible to have another take his place – ta’da Talent/Lesen lagi lah, Kai-ampu ramai.. It’s so politicized that even dung-beetles have difficulty rolling their dung bolls over the terrain.

    Could someone clarify whether L50 is Jusa A? ‘Cuz at that level, got no number. There a few discrepancies in this piece, but good for decongesting the nose, so that we can smell the stink.

  8. The greatest problem in politics is that we all know what is wrong but we do not know if we will be elected at the next elections if we fix it.

  9. Anon, the politics inside is worse than the politics outside.
    The civil service of old, as inherited from the British, used to pride itself in being ‘impartial’ or neutral – that they were to administer policies as set out by the government of the day. No more.

    After half a century plus of UMNO, they have devolved into card carrying fanatics of the party – probably with the exception of the tiny number of ‘Nons’ and ‘Other Bumi’. OGS nowadays, means the top-dog gets to carry the luggage, golf-bags, furniture and shoe boxes of the high and mighty. Even if it means a 2 a.m. shopping spree.

    A politician does not need to fear about his rice-bowl, if his conscience is clear. But the typical Malaysian civil servant, has to watch out where the next keris is coming from, besides trying to kiss his/her bosses ass. That’s a compromising posture.

  10. It is nothing new in Malaysia lah. This sort of practice is rooted for decades,under UMNO. The only way to change is to change a total new government so that all can be uprooted.

  11. Civility in the service jumped out of the window decades ago. Its a grand plan to make it pliant to merely do politicians bidding. The rest they say is history.

    We have a golden opportunity to correct this situation…correction; a duty, in the coming GE. Failure to boot these politicians out will mean selling out Malaysia. Malaysians, search your soul. If you truly love this beautiful country of ours, you know what to do.

  12. Sounds like a bunch of disgruntled lawyers who were passed over for promotion. Face it! If you are capable, you will get promoted. Smearing the name of the AG is not a smart way to manage your career, especially if you have no prove at all of the AG’s wrongdoing.

  13. Mr Bean, there are many who are not smart in school who have made billions and run corporations, become late developers with their masters or PhD. — Kathy

    Defending Gani Patail, are you??

    You’re going out of context. If you are talking about how successful you could still be without anything higher than a high school diploma, there are numerous examples. And you do not have to look far. Their rags to riches stories are too well known to repeat here. But that is not the issue.

    We are talking about the legal profession. The Council of Legal Education in London, for example, has ruled that if you fail your bar exam for the fourth time then you should consider another profession. You are barred from sitting the fifth time. To begin with if you have anything lower than a second class honors in Law, then you are not qualified to sit for its exam. This ruling in the mid ’80s sent droves of our students packing home after completing their undergrad studies in law. They went on to petition the country’s Education Minister for a way out of their dilemma – which is how CLP or Certificate of Legal Practice came to be introduced. It was supposed to be temporary. It ought to have compelled the Malaysian government to apply more rigorous standards when selecting students for law courses in the U.K. Instead it opened a door permanently for mediocre students from U.K. to enter the legal profession.

    Local graduates do not face such a dilemma. But one could argue for a 3-year undergraduate course in law followed by a bar exam as a way to rid the system of people like Gani Patail who apparently does not have the professional skills expected of an attorney despite having passed his law exam. You are dealing with justice here. The public deserves the best and brightest. Standards cannot be compromised in order to fill some quotas. You don’t think so?

    Over here, to be an attorney you would first have to have a first degree. Then you would need to sit and pass the LSAT (by no means easy) with the right score before you could enter Law School. After three years in Law School, you would then need to sit for the State Bar Exam. The passing rate here is 74% on average. In London, U.K. it is 33% every time. Over here you can sit as many times for the State Bar exam as you have the mental stamina to do so. Anybody who has sat for the bar exam over here will tell you how gruelling and punishing it is. The late JFK Jr has had to sit three times before he passed.

    But that is not all. To be admitted to the bar you must not have been the subject of any on going civil litigation casting doubts on your ability to meet your financial obligations. Your credit report must not contain anything derogatory. You must declare all your unpaid parking tickets and be able to explain why you have accumulated that many etc. But more important for a man like Gani Patail, you must not be a member of any organization that partakes in torture of its citizens. Someone like Gani Patail would never be admitted to the Bar of any state over here because as Malaysia’s attorney general he is part of an organization that terrorizes and tortures its own citizens.

  14. “You must declare all your unpaid parking tickets and be able to explain why you have accumulated that many etc” – Bean.

    I’ll definitely make the grade, bro..

  15. You can still ‘make the grade’, bro.

    You appear before a committee and explain it as a matter of principle i.e. your refusal to grease the palms of corrupt parking attendants and that those tickets were forgeries. Especially when your car was parked near Lucy’s flat along Jalan Imbi.

  16. according to RPK, gani go shack your colleague.but its good for your soul to pray before the iraqi imam on fri nites in gasing. you need it.

  17. Its so nice to see a piece of almost investigative journalism in Malaysia and that people were willing to speak to journalists , even under conditions of anonymity. this speaks well for the future hopefully those guys have kept copies of documents and will provide them to the authorities when its appropriate.

  18. Bean, back in the good old days there were no parking meters along Lucy Flats. Just received a reminder from PJ City Council of parking over the time limit committed by my son who now drives my old jalopy – not the Cooper lah….

  19. “Sounds like a bunch of disgruntled lawyers who were passed over for promotion. Face it! If you are capable, you will get promoted. Smearing the name of the AG is not a smart way to manage your career, especially if you have no prove at all of the AG’s wrongdoing.

    hamid – November 24, 2011 at 8:54 pm”

    This fella probably from ulu utan somewhere in Uluru..perhaps do not know the grave situation in Malaysia public service sectors? If you are capable-in what criteria these capabilties are measured? if u know abt it then please describe it..but in 1Malaya- these so called criteria are only on paper lah..mr. hamid..the truth is out there somewhere but nowhere to be found!

    I am also an ex-civil servant and had tendered my resignation 10 years ago and now quite ok – because this org puteh state – measured/examined my so called capabilities/achievement better and transparent compare to your 1Malaya gomen?

    one more thing- are you saying that this petai seller from Tamparulli is like God without having mistake or sin in his account? come lah Hamid..don’t be a UmPorNo Chai lah..be true to yourself..and ask your AG – about his so called wrongdoing? There are plenty in his closet perhaps you too as UmPorNo chai???

  20. Whoa Mr Bean , I dont think I was defending anyone. I was merely saying that sometimes one has to be intelligent too. Neither am I saying he should be at the helm if he doesnt know the law. Thanks for the sermon. Actually I want Art Harun a s Minister of Law or AG or I can think of one other person who is more than sutiably qualifed who has been side lined.,f you really want to know.

  21. apologies that should read, if you really want to kow just in case you thought I was swearing at you plus I dont want another sermon. thks all the same.

  22. Dear Kathy and Mr Bean,

    I am a 3rd class law graduate and pass first time sitting for CLP. Some of my learned peers..the first class law students have flunk their clp uncountable times and the one with first class degree and first time pass clp are not up to the mark in working life probably because they are nerds. In a nutshell doesnt mean if you have first class law degree you will be a good lawyer. They are many lawyers in malaysia that are doing better than those got first class. Nerds dont make good lawyers.

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