August 1, 2012
Drop This Political Prosecution of Rafizi Ramli
by Hafiz Yatim@http://www.malaysiakini.com
Legal action against PKR’s Strategy Director Rafizi Ramli is tantamount to political persecution by Prime Minister Najib Abdul Razak and his administration, Party Vice-President and experienced lawyer N Surendran says.
The authorities were acting on a complaint, Surendran noted, from National Feedlot Corporation Sdn Bhd (NFC) chairperson Mohd Salleh Ismail, who himself has been charged with criminal breach of trust in the abuse of public funds.
“I urge the Prime Minister, the Attorney General, Bank Negara and the government to drop the charge against Rafizi and (former Public Bank clerk) Johari Mohamad immediately,” added Surendran (left), who is representing the two.
“Drop this politically-motivated charge. Stop the political persecution. The people are watching closely. We are holding Najib completely responsible in this as he is up there.”
The charge was throw at Rafizi, he said, because he revealed that public money had been wasted and misused with regard to the NFC scandal, and that the court action was intended to silence him.
It also came in light of Rafizi’s more recent revelations on the award of the
Ampang Line LRT extension project to George Kent (Malaysia) Bhd, the Chief Executive of which is said to be a “buddy” of Najib.
Surendran described the case as a “political conspiracy that goes to the highest echelons” of the nation and that Bank Negara is being used by the authorities to prosecute Rafizi and Johari.
“They have been dragged in by the BN government (which is using) supposedly independent institutions against the opposition. We will fight the charge all the way,” he told a press conference this afternoon.
Surendran also questioned the high-handed manner in which Rafizi was arrested, as he was handcuffed. “Mohd Salleh was not subjected to such treatment,” he noted.
What about protection for whistleblowers? To a question on the Whistleblowers Protection Act 2010, which can be used to protect such exposes, Surendran said the authorities used the country’s laws for their own ends and at their whims.
“It is meant to protect whistleblowers, but it is not being used as such by the authorities. Those who hold authority and power at present decide on who to give protection. So, in this country, the Whistleblowers Act is a joke and this is clearly what has happened to Rafizi.
PKR legal affairs bureau chief Latheefa Koya said the Act failed to take into account the other laws of the country, such as the Banking and Financial Institutions Act (Bafia) and this begged the purpose of having such legislation.
“There is no point in having the Whistleblowers Protection Act if they don’t want to remove the existing draconian laws,” Latheefa said.
Surendran also said he would be filing an application to quash the charge against Rafizi and Johari.
Clearly, he said, the authorities have misused and abused their discretion in charging Rafizi and Johari and it appeared quite clear that they want to silence the pair.
There was a show of support for Rafizi and Johari from leaders and members of Pakatan Rakyat parties PAS and PKR, who turned up in support of them outside the sessions court in Shah Alam this morning.
I am a layman but when two acts/laws or what have you are contradictory, then one should take precedence over the other, isn’t it that way? So if it is the case, commonsense would say that the whistle blowers act should take precedence , instead of the other way around, ie the banking secrecy act [Bafia]. Afterall the whistle blower is doing a social service by disclosing the wrong doing of the NFC issue. Of couse, the banking secrecy act will take precedence if there is no wrong doing and the whistle blower was mischievous in dilvuging secret information.
I always thought whistle blowers or informers will get a gratuity [ a percentage of the fine] payment if the wrongdoer has been charged, convicted and sentenced. Why the arrest instead?? If we are sincere and serious about stamping out corruption then we should be encouraging more people to come out and be whistleblowers, instead of arresting them especially when this case in hand had been heard and done with. Do we not all have the mental facaulty capable of knowing the right from the wrong?
We must all give our support to Rafizi and Johari.
I don’t know about you guys, but i rather enjoy this. With your kind permission, Dato:
This is ridiculous, I mean treating Rafizi harshly for dramatic effect. Bank Negara is getting involved in politics. Unheard of during my time there. Bean, over to you on this issue since you are a legal beaver.
We have not heard from Ambassador John Malott for quite a while. He must be aghast at what is happening here. –Din Merican
Is it politically motivated? Yes. Is it political persecution of an opposition politician in an election year? Yes.
Is it selective prosecution? Are there instances involving disclosures by individuals who are affiliated with the ruling national coaltion? Which could be grounds for claims that the AG has abused his prosecutorial discretion?
I have yet to read of any legal argument why Rafizi ( who has my sympathy because he did what he thought was right in the interest of public interest at the cost of his personal liberty) should not be charged under BAFIA.
Only hot air from a lawyer who is earning his keep.
“Bank Negara is getting involved in politics.” Dato Din Merican
No, BNM is not involved in the decision to prosecute anybody under a law which has been passed by Parliament. Nor does BNM operate outside the law nor is it in a position to make exceptions or override the will of the people as expressed by the nation’s highest national legislative assembly.
Rafizi himself expects to be charged under BAFIA. He knows what he is doing is against the law. So where do we go from there?
Selective prosecution? Has there been other instances involving breaches of BAFIA that have escaped prosecution because of ties to the ruling national coalition?
________
Bank Negara’s job is to administer monetary policy and advise the government as its banker. It does not send its officers to raid a person’s house and arrest him. That is the job of the Police. I do not whether the Federal Reserve or Bank of England does that. Bank Negara over the years has become a carca marba bank and is losing focus. Antares is right.–Din Merican
Bank Negara is up to its eyeballs in slime, as evidenced by recent revelations about the staggering volume of illicit capital outflows (close to a trillion ringgit in the last couple of decades?) which can only be facilitated with help from within. Apart from that, with sleazy characters like Nor Mohamed Yakcop stil at large, doing Daim and Mahathir’s foul bidding, what kind of credibility can Bank Negara possibly still retain? Especially when it shares the same obscene initials with Barisan Najis! AG Gani Patail is a cornered rat and will throw every book in his vile library at anyone who threatens the seriously crippled and moribund kakistocracy called UMNO/BN. If the land itself wasn’t bleeding to death with every passing day these congenital criminals continue to pose as the government, all of it would merely provoke uncontrollable mirth. For those of us who truly love this land and have no intention to migrate anytime soon…. it’s all-out war between the People of Malaysia and the UMNO/BN Mafia!
I’m a layman. Please explain why Rafizi is charged under Bafia. Is he an employee in the banking sector?
“I am a layman but when two acts/laws or what have you are contradictory, then one should take precedence over the other, isn’t it that way? — Dollah
No. Legislation passed by Parliament may be ultra vires the Federal Constitution and is null and void. One law that is now being challeged is the Syriah Criminal Offences Act (Federal Territory) 1997.
Here we have two pieces of legislation BAFIA passed in the ’80s (if my memory is right) and the so-called whistleblower legislation passed more recently. You’re saying that provisions in these two Acts contradict each other. So far no one has alleged anything like that and have come out with grounds for believing so. All the lawyers associated with the political opposition are screaming their heads off are over the fact that these prosecutions are politically motivated. Indeed they are. I read that Sharizat of NFC fame is expected to be charged. I believe that it is a sham and is choreographed to score political points. There is no case for her to answer and the case will be thrown out.
But not in Rafizi’s case. He can expect to spend jail time for this strict liability offence. He has no defense.
Here is the thing,.. and its a OMG thingy.
Now, the fact is very clear cut – from NFC to the LRT and correlating to the submarine that wont sink (wow). As with anything, there are opinions – for, against and also i dont give a damn. These variable can change.
Now another thing to look at, it is the timeline of these occurance of events… The revalations, the awards, etc… which will paint a perception of ’coincidence’ or ‘planned’ or mix or etc… These variable can not change (well, not always – having sex in a building before it was build, classic twilight zone stuff, ehh – posa bang oi)
So, with this in mind, if you were on the dark side… The most viable option is the option of minimum effort with minimum risk but maximum gain – and in this scenario that would be for it to be blown over…. mudah lupa @ alih perhatian
Hence, looking at the equations of these variable – you gotta to be really desparate to do this (as if knowing full well the implication of what the other side can do to you if u dont do anything – it must be so crystal clear that they even fear their own shadow) or…. I dread this, i really do… You gotta be a really numbskull to not understand what the implication of your own action can bring…
There are words or adjective which translation can not do justice that reflects the current state of admin – kedangkalan, selebet dan selekeh (i hope this wont be this year merdeka theme)
Even Zeti doesn’t agree with using the BAFIA.
appropriately tagged as “FALSE DEMOCRAT”, no?
Najib’s battle cry will be “lu lawan waa, waa lawan lu”. Like they say Let the Games begin, I don’t mean the Olympic but Battle Royal Malaysia. GE 13 will be the mother of all elections.
Already Najib has started throwing the kitchen sink. Next he’ll throw out the baby with the bath water. Sign of a desparate man. He has to stop Rafizi from further exposing UMNO’s corrupt dealings. First NFC and Cowndogate, then it’s MRT and George Kent. These exposures are detailed exposures not just some hearsay. It clearly indicates that the BN hanky panky shady deals does not go down well with some civil service personnel.
Bafia should be Barfia, meaning puke or muntah. Perhaps Najib is afraid that Rafizi may have access to other banking details and thus have to invoke Barfia and close one eye to the Whistle Blowers Act.
This case is intriguing so I sought some explanation from a high court judge and a practising lawyer and both said technically, under the Banking and Financial Institutions Act (Bafia), the act that is used to charge Rafizi, he has a case to answer. However, both my consultants stopped there.
Nevertheless, I think, morally and in the good name of the country, it is wrong and this will have a negative effect on Najib and his cohorts.
“Not only must Justice be done; it must also be seen to be done.”
this won’t be shown in this case. the good samaritan Rafizi, the rogue Mohd Salleh Ismail, the complainant banks who are harbouring tens of millions of actually ‘stolen’ money from the rakyat and the errant politicians are the parties involved here.
The Big Question is to whom shall justice be seen to be done????
If it is not to Rafizi to whom then???
Who is the primary loser? – the poor people of malaysia!
Who are the profiters? – the banks involved, the rogue and cronies of the government of malaysia!
the END is NIGH for UMNO-BN!
CLF., that sumo guy must be having a V8 cylinder compressor powered engine for a heart! do you want to tell us something with this video?!
Why Bank Negara did not charge Nor Muhamad for speculating in forex that cause BNM lost almost 10billion US.He act without proper authority .
BNM does law enforcement?? I never knew they had a unit dealing in law enforcement, does investigation and prosecutes cases. BNM does the prosecution in this case? Any legal eagles in da room? Care to educate me on the matter?
Over here the IRS or Inland Revenue Service (the equivalent of your Income Tax Department) as an independent agency has prosecutorial powers and does the investigation and enforcement as well. It has police powers.
I know BAFIA came after Dato left BNM.
“He has a case to answer” – Hak55
Are you jokin’? This guy has no defense. As in zilch. He knows it. He offers himself as the sacrificial lamb. His name will forever be engraved in stone (MLJ). Law students will know of his name in their study of criminal law and the law on strict liability. At least I hope he knows. If he doesn’t or has been ill advised, he has the rest of his life to regret it.
Continue…
Cant help it since they started it… Hehehe,
So, here we are… This whole thing is back to the NFC thingy (well, cant be the LRT thingy, its still freshly baked and out of the oven, right) so its got to be the NFC (hell, the car tax thingy is just not cool to touch, right – hang on i thot the gomen are the ones always making proposal and the pembangkang are the ones always complaining.. Hmm-so whose who here)
Right NFC again… and that means trying to mix it again – trying to put two and two together or pun intended, trying to put them COWS into them CONDOs again and making it stick this time.
Sheesh, these rakyat got no imagination at all, whats so wrong with placing cows in a condo esp those kampung folk.. Ada faham? Zaman sudah modem, lembu sekarang duk dalam kondo… Oh, pastu rafizi kenalah dok dlm lokap pasal die tak betoi – apa die yg tak betoi? satlah-adelah yg tak betoi, nanti kami khabaq lah tapi yg penting die tak betoi… Org lain? Sabaqlah, kita buat satu2 dulu… Hangpa kecoh pasai apa?
Bukannya hangpa yg dok dlm kondo, awat sibuk sangat? Oopps, sat, sat sekali lagi apa die hang nak tau tadi?
Hahaha, i would love to hear them dialog now after all the complain wrt cow living in condo issue brought up by the wanita wing wrt grassroot level briefing.. Congrat again to the current KETUA WANITA UMNO for the brilliant tactical move in light of the impending PRu13.
Hell, i am rolling reading the ‘damage control’ exercise lead by Dato Rocky Bru… doing and going to all the extent of getting all those law terminolgy to justify BAFIA/whistle blower act on Rafizi… Hehe, suddendly u wanna do investigative jurnalism isit? This is suppose to appease certain segment of the market is it? Weell, got news for ya…. wait till u see them facebook, twitter thingy response coming in and pilling up… Dont worry, mr cool know how to act cool.
Now just bcoz i never rated the current ketua wanita doesnt mean i can say congrat cant i???
Ohh, selamat berpuasa to the Muslims… Ohh, the timing of it all.. Hehe, lembu kena posa tak kalau duk dlm kondo.. Oh the dialog, the satire.. I am rolling… Hahaha, alamak, kurang plak pahala dah ari nie…
Even if BN manage to throw Rafizi into a jail, the end result shall only be just a pyrrhic victory. Ultimately the People’s Court shall determine his fate and right now, BN is treading on water.
We all witness how the People’s Court carried LGE from a BN jail to the highest office in Penang. Rafizi is facing his baptême du feu and he shall emerged stronger and more determined in the likes of LGE and DSAI and all others falsely incarcerated on BN’s Animal Farm laws.
“Already Najib has started throwing the kitchen sink.” — orang malaya
Rosmah is looking for a new kitchen in anticipation of BN’s victory at the polls. What is the cost of a new kitchen sink to taxpayers compared to the millions he issues in ‘food stamps’ to buy the elections? It is peanuts. I say let him have a new kitchen sink.
Section 11 states among others, “The enforcement agency shall revoke the whistleblower protection conferred under section 7 if it is of the opinion, based on its investigation or in the course of its investigation that – the whistleblower willfully made in his disclosure of improper conduct a material statement which he knew or believed to be false or did not believe to be true; and the disclosure of improper conduct is frivolous or vexatious.” More here – http://www.mole.my/content/whistleblower-act-cannot-save-rafizi
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You sure work very hard for your paymaster in NFC Ghazalie. Nevertheless, after his charged yesterday with contravening banking laws in the National Feedlot Centre expose, PKR director of strategy Rafizi Ramli today announced the formation of a centre to train and protect others who may find themselves in the same position.
He said the National Oversight and Whistleblowers Centre which will be officially launched on Aug 30, will among others, administer a whistleblower protection fund to cover the welfare and legal expenses of whistleblowers.
“Why Bank Negara did not charge Nor Muhamad for speculating in forex that cause BNM lost almost 10billion US.He act without proper authority” — Hamid
You mean to say it is OK to use the country’s central bank as your private piggy so long as one is authorised to do so??
Is this the same Hamid Ghurka who wrote this on the other thread? Not surprising he should ask why Mahathir as PM and Hussein Jaafar as BNM governor did not surrender themselves so they could be charged.
——————-x
“Din, ini soal akidah.kenapa hendak bergadoh sampai ka mahkamah.Irshad Manji ini saorang perempuan dari Kenya.Dia lari dari keluarganya dan menetap di Kanada.Dia mengaku saorang Lisbian dan menganutu fahaman shiah.
Apa yang kita dapat belajar dari buku tulisan nya. Nothing.Satu Fantasi.Dalam Islam,kebebasan individu ada hadnya.Ia perlu di pelihara.”
——————x
“Please explain why Rafizi is charged under Bafia. Is he an employee in the banking sector?” — Cik yong
This is probably why the Central Bank Governor is of two minds about prosecuting the guy under BAFIA.
What I don’t understand is the materials Rafizi is supposed to have disclosed are copies of balance sheets of NFC and related companies and these are not confidential as they are public documents available upon inspection on payment of a search fee at the ROC. A former Public Bank comployee was charged for abetting him.
A sham prosecution to distract voters??
Is there something more?
By arresting the two gentlemen, the current government is telling the whole world to go to hell with transparency, good governance and what not. Otherwise, how could one comprehend their barbaric actions. Those who clearly did wrongs were not punished.
The policeman who went berserk at Seremban recently was not handcuffed. But why Rafizi?
Well I believe this chap Rafizi knew the consequences…just like the Malay proverb “kalau takut bermain ombak, jangan berumah ditepi pantai”…
Some readers here have already found Rafizi guilty. Well, let me put forward this scenario.
Someone enters your house, robs and attempts to rape your loved ones. You get hold of a vase and bang his head and he drops dead.
Now will he be charged for murder under 302 of the PC or culpable homicide under 304?
Perhaps, if he were a Pakatan member, it will be 302.
Law has to be tempered with reason and mercy. This is not murder and he should be freed. Unless freedom if for BM members only.
Rafizi’s stood for state interests, against abuse, cheating etc.
He just knocked BN’s head with a vase! Not Guilty.
Reeper, an explanation of the vid has been concisely adduced by orang malaya – and the 600+ lb gorilla is you-know-who. My heart goes out to all the lil guys who take on the Mighty Goliath/Behemoth.
There’s little point in arguing the legalities of the case. Legalism is but a tool of authoritarianism and in this case of desperation. What we should be arguing about is the ethical-moral dimension of Rafizi’s sacrifice. This young fella certainly took the Capon (castrated rooster) by the neck. He is certainly aware that with it’s magical powers, the capon will easily ‘Transform’ into the 600lb Gorilla. I think he was even quite bemused when it took them so long.
But all is not lost, as the negative reaction to the sorcery has nothing to do with mere legalisms. It’s indeed a shame that young leaders with conscience (albeit with a political agenda, the length of an arm), to be repeatedly cast into the furnace of dys-Justice (not only injustice), by hypocritical self-aggrandizing omnipotents. 1Bolehkan!
Is there something more? Bean
Yes, just millions more.
Divert your attention to Rafizi’s case and you all will be busy talking about it. Quietly i will pocket millions more from LRT with my friend.
Din Merican will busy writing about Rafizi and forget that a pipe man is given the task to construct LRT.
More????
The Whistleblower Act 2010 clearly shows that Rafizi does not fall within the ambit of a whistleblower envisaged by the Act, for several reasons – * The disclosure was not made to any enforcement agency – breach of section 6 of WBPA * The information disclosed was made public – breach of section 8 of WBPA * His identity is known to all and sundry – breach of section 8 of WBPA * He had revealed information which is prohibited by BAFIA from being made public– subsection 97(1) of BAFIA and section 6 of WBPA.
Even under section 8 of the WBPA the disclosure of improper conduct cannot be disclosed or ordered to be disclosed in any court of law It is clear that the actions of Rafizi and the people coming to his defence are clear examples of manipulation of the letters of the law to suit one’s political agenda. The Opposition will never stop politicking every move of the Govt, even to the extent of manipulating the tenets of the law and provisions of legislation to suit their agenda.
You can find more here – http://www.rockybru.com.my/
A short synopsis, as a mere opinion on this Bafia thing. Section 7 gives a ‘protection’ to whistleblowers under lefitimate circumstances, but Sec 11 empowers the enforcement agency to revoke such protection, if it is of the opinion that the disclosure of improper conduct which the w.blower knows to be false or did not beleive to be true, frivolous or vexatious…
It is clear that the question of culpibilityor otherwise is based on truth or falsity, That seems to be the main ingredient. It appears from the facts disclosed herein that Rafizi spoke to the media, something that transpired to be untrue, or facts he alleged to be not true.
Prima facie, his ” arrest” is deemed legal, but we cannot prejudge the outcome ultimately on his culpability by the Court, a pending matter. As much as there cannot be political persecution, so too the same applies to Rafizi in making such disclosures, ie ” his motives in the disclosure is to score point ” in his political inclinations…
unjust law is in itself a form of violence against the general public – Gandhi
RajaDurian – suddenly the LAW becomes GODs word when used against the opposition and otherwise toilet paper.?
the question remains; would the errant people be punished, including bank negara?
people who are rushing to blame Rafizi are actually helping the guilty get away.
CLF., I really sympathise with the fat guy. its a put on show, the 600lb guy had no defence except his mass and weight, a pathetic modern comparison to the biblical David and Goliath epic in my view, sorry!
We can’t be living in anarchy allowing people like Rafizi to break the law colluding with a bank employee to illegally obtain banking information of others. Its akin to my stealing money from your bank account to feed the poor stray cats and dogs in the street. We need to live a society governed by strict laws and enforcement.
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You are absolutely right. If only the MACC and the PDRM listen and follow the money trail, Rafizi doesn’t has to resort to this. He has to prove his allegations. Rafizi should be rewarded for doing a job that these two agencies failed to do.
On my part i am only trying to rationalse the law 0r Legalities in the Bafia Act.. … ” protection ” may be given or revoked based on Truth or Falsities…
As illustration on a hypothetical matter : IF a PM with collusion of his honchoes – Minister of Finance & Governor of BNM – decide to hijack Malaysia’s Reserve of, say, One Hundred billion into a foreign bank for Laundering objectives ….etc, etc…. my opinion is that any low raking or high-ranking official of Bank Negara who secretly blows the whistle, IS ” Potected “, because that’s a Verifiable truth ( ie, No Falsity ) about Real Loss of Malaysia’s monies…
Yup reeper, the fat guy is the Branded Item. Same as the Biblical story – Goliath of all noise, taunts and celebrity. The lil’ guy had all the guts, smarts and a bit ‘loco’ too. The moral of the story? The underdog bites harder and aims more accurately.
RajaDurian has a selective persecution complex. How we wish the Law was applied without fear nor favour i.e. Justice is Blind. Spin here, spin there and they all get, is ending up trapped in knots of their own making. A web of deceit.
Anarchy is precisely what is happening – when Legalisms trump Ethics and Morality. Breaking the Law is justified when the Law is used to Corrupt – instead of upholding justice. Yes, Rafizi et al has broken the Law. What about the Establishment and UMNO elitists?
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Charged yesterday with contravening banking laws in the National Feedlot Centre expose, PKR director of strategy Rafizi Ramli today announced the formation of a centre to train and protect others who may find themselves in the same position.
He said the National Oversight and Whistleblowers Centre which will be officially launched on Aug 30, will among others, administer a whistleblower protection fund to cover the welfare and legal expenses of whistleblowers.
The only argument that matters is a legal argument. Not moral. Not political. We already know that this rogue regime is in its death throes and is trying every which way to survive the elections.
Rafizi himself has said that he expects to be charged but he did not expect it to be so soon. The timing according to him suggests that it is related to the elections which will have to be held before April of next year. Well my response to that is “Duh !!” Shahrizat he says will soon be charged for a crime or crimes related to NFC. It is just too politically convenient. The hope according to him is that he will be so preoccupied with his own case, he will not have the time.
There is media report that what Rafizi was supposed to have disclosed are balance sheets and the profile of a company director. But these are public records.
Hello tean!! Hang pi mana??
Hang dok perah susu kerbau hang tu macam mana? Hang hantaq satu botoi minyak sapi kat aku sikit. Dulu dulu di Aloq Setaq kat Wat Siam ada jugak orang dok mai rumah juai minyak sapi. Tok Cik dia lebih suka susu lembu.
shouldn’t bnm itself move for amendments in the bafia to protect whistle blowers……after all the intention of the bafia is to protect the public from the unscrupulous, isn’t it?.
6. (1) A person may make a disclosure of improper conduct to any enforcement agency based on his reasonable belief that any person has engaged, is engaging or is preparing to engage in improper conduct:
Provided that such disclosure is not specifically prohibited by any written law.
The very section which negates Whistleblower protection Act 2010 coverage on Rafizi: Disclosure was not made to the enforcement agency and it was against the BAFIA (provided that the documents disclosed is not public documents)
This is a stupid piece of legislation because it is completely not practical if the disclosure is related to the misconduct of the authority.
Its like saying : “Boss, I want to report to you about YOUR misconduct”.