The Insolence of Attorney-General Gani Patail


May 6, 2014

The Insolence of Attorney-General Gani Patail

by Terence Netto@http://www.malaysiakini.com

May 6, 2014

image
COMMENT: Attorney-General Abdul Gani Patail, who seems to enjoy the sort of power and the amorality to go with it that makes him a cross between longtime FBI Director J Edgar Hoover and Stalin’s infamous prosecutor Andrey Vyshinsky, is shaping to crowd out a slew of judges who have placed trammels in his prosecutorial path.

Long the target of allegations of grave misconduct and impropriety by accusers ranging from Anwar Ibrahim to former top cops, Ramli Yusoff and Mat Zain Ibrahim, Gani has nevertheless proceeded unperturbed like master sleuth Hoover, who nursed one secret too many about the powers-that-be, and coupled that arrogant aplomb with the amorality of Vyshinky, for whom the law was what the Marxists have always held it be – a masquerade for class interests.

On April 11, Judicial Commissioner Vazeer Alam Mydin Meera, in a ruling that would have made Gani’s hair stand on edge, dismissed the A-G’s attempt to strike out suits brought against him by Ramli and lawyer Rosli Dahlan for alleged malicious prosecution over corruption charges.

On April 25, a Court of Appeal panel composed of Judges Mohd Arif Mohd Yusof, Mah Weng Kwai and Hamid Sultan Abu Backer unanimously ruled that the provision in the Peaceful Assembly Act (PAA) requiring an organiser to give Police 10 days’ notice of intent to hold a demonstration was unconstitutional.

Nik Nazmi to be charged again despite Court of Appeal acquittal.

Nik Nazmi to be charged again despite Court of Appeal acquittal.

The ruling freed Deputy Speaker of the Selangor state assembly, Nik Nazmi Nik Ahmad (left), from a lower court’s finding of guilt on a charge of having illegally organised the Black 505 gathering at Stadium Kelana Jaya last year.

The landmark ruling enabled organisers of the ant-GST rally on May 1 to go ahead with their gathering unconstrained by the Police who were not only adequately notified of the organisers’ intent to demonstrate but whose suggestion of an alternative venue for the demonstration was ignored.

The anti-GST rally was held as the venue the demonstrators had wanted – Dataran Merdeka, intended scene of storied gatherings in the past where demonstrators sought to drape their anti-government sentiment in the mantle of the country’s historic site of proclamation of its independence.

The powers-that-be in Malaysia do not usually accept with sangfroid the chastening experiences inflicted on them by the two judicial rulings that went against the AG and the government.image

The word yesterday that Nik Nazmi would be charged today in court with alleged offences against the PAA and that DAP MP for Seputeh, Teresa Kok (right)  is to be charged, also today, under the Sedition Act for releasing a video that had lampooned assorted policies and public figures, are the just the way the government and its leading counsel react when things don’t go their way.

Symptoms of a siege mentality

All these are proliferating symptoms of a siege mentality evident since the oppisiton Pakatan Rakyat bested UMNO-BN in the popular vote at the 13 th General Election held on May 5 last year.

A government that had long since lost the moral legitimacy to govern was dependent on a gerrymandered plurality in Parliament and in a majority of the state assemblies to hold on to the reins of power.

The deficit in the popular vote meant that the government’s political legitimacy to govern was also eroded and this was conduced to a situation where its leading lawyer has had to resort to legal sorcery to sustain the edifice of dictatorial rule by law instead of democratic rule of law.

As a consequence, the A-G has had to comport himself the way Vyshinsky did for the tyrant Stalin – frame charges against targeted members of the opposition which a supine press and compliant judges can be counted on to legitimise.

There are the show trials of an increasingly authoritarian state that cannot abide the notion that the lease on its tenancy in authority has expired. A state and its lead counsel that are willing to usurp authority when the legitimacy of that authority has manifestly deserted them have proven their selves barbarous event if it does not resort to mass arrests and concentration camps

TERENCE NETTO has been a journalist for four decades now. He likes the profession because it puts him in contact with the eminent without being under the necessity to admire them.

Once a Upon Time: Malaysia was known for its Institutions


April 15, 2014

Once a Upon Time: Malaysia was known for its Institutions

Commentary

by The Malaysian Insider (http://www.themalaysianinsider.com)

There was a time when Malaysia was known for its institutions – a civil service that facilitated rapid development from an agrarian economy to an industrialised one, a judiciary that was held in high esteem of the Commonwealth, and a military that defeated a communist insurgency.

Today, more than 50 years as a nation spanning from Perlis to Sabah, we see ineptitude and incompetency, a complete meltdown of Malaysian institutions.

Gani PatailThe Attorney-General now farms out cases to an UMNO lawyer; the Inspector-General of Police (IGP) leads an organisation which does not act when a High Court rules; the Department of Civil Aviation (DCA) suffers a credibility deficit; and the Air Force has not covered itself with any glory.

So who do Malaysians turn to in time of need? Not any of the above, it appears. Sad but true. The saga of Malaysia Airlines flight MH370, which disappeared with 239 people on board on March 8, has confirmed what Malaysians have suspected for a long time. That there is not much meritocracy and thinking going on in the civil service.

The authorities, from the Minister downwards, have yet to explain what happened in the crucial hours after MH370 was found missing. A CNN and BBC television report yesterday showed Defence Minister and Acting Transport Minister Datuk Seri Hishammuddin Hussein avoiding the question.

Tiga AbdulTiga Abdul (Abdul Muhyuddin, Abdul Najib, Abdul Hisham)

Can the civil aviation sector trust the DCA to do the right thing immediately after a flight vanishes from the radar screens? Why wasn’t the Air Force told that a jet was missing? Why wasn’t plane maker Boeing told immediately? Why didn’t the air traffic control respond to their Vietnamese counterparts when told that there was no contact with the Boeing 777-200ER that was on its way to Beijing?

Why the silence?

These days, Malaysia just has bad jokes passing off as the Civil Service, Police Force, Military and the Public Prosecutor. This is the meltdown of institutions that had shaped the country from its formative years to the Asian tiger that it once was.

The Royal Malaysian Air Force (RMAF) also has to explain how it defends the Chief of the RMAF, Rodzali Daudcountry’s airspace throughout the day. Yes, we have brave men and women in uniform keeping watch but a mysterious blip on the radar moving east to west was left unmolested.

Not even hailed by radio, let alone scrambling jets to check on the blip. Or even to ask the DCA and air traffic control if they were also seeing the blip.Does the RMAF have fighter jets on standby? How many can fly these days apart from those used for parades, air shows and F1 races?

The IGP has decided to play marriage counsellor to a divorced couple rather than enforce the law after the ex-husband forcibly took away his son from the ex-wife’s legal custody. Does the IGP or anyone else in the police force know the law and the offence that was committed, or do they assume there is a conflict in the civil and Shariah law that they cannot take any action?

Can anyone cite religion and get away with a crime? How can people trust the Khalid Abu Bakarpolice to enforce the law passed by lawmakers elected by the people?

Where is the Attorney-General in all of this? Is it more important for him to go to London to figure out who will have custody of the MH370 black box, once found, rather than stay back in the country and decide on whether to prosecute or take action against a man for abducting his child from his ex-wife’s legal custody?

Or just outsource some jobs to an UMNO lawyer – from defending the Registrar of Societies (RoS) in a judicial review brought by the  DAP to prosecuting Opposition leader Datuk Seri Anwar Ibrahim in his sodomy appeal. Is the Attorney-General’s decision to outsource some work a tacit confirmation and acknowledgment that there is no talent left in the A-G Chambers to do the work?

And is there any talent also left in the Civil Service, Police Force and Military? Malaysia’s Civil Service was the envy of many – from working on poverty eradication and affirmative action policies to industrialisation and a respected Judiciary and prosecution. They did more with fewer resources and lesser people then. But they had quality talent back then.

These days, Malaysia just has bad jokes passing off as the Civil Service, Police Force, Military and the Public Prosecutor. This is the meltdown of institutions that had shaped the country from its formative years to the Asian tiger that it once was.

It might take a generation to possibly set things right with these institutions. Or is that just a hope that is fading as fast as the chance of hearing another ping in the southern Indian Ocean?

 

A-G Gani Patail is not above the Law


April 11, 2014

A-G Gani Patail loses to Rosli Dahlan: NO ONE IS ABOVE THE LAW

by Din Merican

mh370-hishammuddinWilliam Pesek, a prominent Bloomberg columnist, wrote recently that the global outcry over the loss of flight MH370 has highlighted the country’s deepest flaws of incompetent people running the country.

The Fumbling Team of MH370

“The fumbling exposed an elite that’s never really had to face questioning from its people, never mind the rest of the world. The country needs nothing less than a political revolution,” said Pesek. And I agree. Nothing will change until the present political elite is made to pay for their ineptitude, incompetence and crooked ways by Malaysian voters.

At the international level, our political leaders will have to take the blame. At the national level, we are facing a crisis of our public institutions being headed by not just mediocre and incompetent people but also characters who are downright dishonest and who abuse the system with impunity– the rogues in government.

Rosli Dahlan wins against A-G Patail

Vazeer, a former practising lawyer before being made a judge, said he agreed that deliberate abuse of power by those holding a public office was misfeasance in public office.

Vazeer, a former practising lawyer before being made a judge, said he agreed that deliberate abuse of power by those holding a public office was misfeasance in public office.

That brings me to the news reports of this morning that my young friend, Lawyer Rosli Dahlan, has again won another case against A-G Gani Patail. For my readers’ convenience I have reproduced only the MKini report by Hafiz Yatim (below) that provides interesting links on this story that never ceases to inspire me.

Back in Time–To the Eve of Hari Raya (Aidil Fitr), 2007

It’s a sad story of how on the eve of Hari Raya 2007, Lawyer Rosli Dahlan (right) wasR Dahlan brutally arrested in his office in full view of his staff by the ACA (now MACC). He was then charged in a most sensational manner to deceive the public into believing that Rosli had hidden illegitimate assets belonging to the Director of Commercial Crimes, Dato Ramli Yusuff, in another sensational story fanned by the media dubbed as the “The RM 27 million Cop”.

All this was part of a conspiracy to eliminate Dato Ramli from the PDRM as Dato Ramli posed a threat to then IGP Musa Hassan and A-G Gani Patail. Rosli was made a victim because he dared to defend Dato Ramli despite warnings having been sent to him. Since then, Musa‘s former ADC had sworn a Statutory Declaration to expose IGP Musa Hassan’s links with the underworld.

A lot more was also disclosed about A-G Gani Patail’s association with shady corporate figures like the one in the Ho Hup Affair. The Internet was also abuzz with stories about how A-G Gani Patail went to Haj and had his son to share a room with a shady former Police Inspector who was once charged for corruption, Shahidan Shafie, a proxy of former MAS Chairman Tan Sri Tajudin Ramli.

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

That explains why A-G Gani never charged Tajudin Ramli for the losses of RM 8 billion that MAS suffered despite recommendations by Dato Ramli Yusuff. Dato Mat Zain Ibrahim, former KL OCCI also swore SDs about A-G Gani Patail throwing away the Batu Putih case for pecuniary gains.

Ramli YusuffYet Gani Patail remains as the A-G of Malaysia, leading many to speculate that he has a grip on PM Najib Razak because of Razak Baginda’s acquittal in the murder of the Mongolian beauty, Altantuya Shariibu. In that case, the A-G did not appeal against Razak Baginda’s acquittal.

On the other hand, the A-G has pursued criminal appeals against certain people like Lawyer Rosli Dahlan and Dato Ramli Yusuff (left). In the PKFZ case, A-G Gani Patail charged and appealed against the acquittal of Tun Ling Liong Sik which led to Tun Lingcalling him – “ That Stupid Fella”.

Back to Rosli’s case. Lawyer Rosli, he has fought a long and lonely battle, winning his acquittal and then suing every one of the mainstream media for defaming him – Utusan Malaysia, The Star and the NST, and winning against them one by one very patiently.

On April 15, 2008, Utusan Malaysia published a public apology admitting their wrongdoings and acknowledged that the Utusan Malaysia’s article “was written and published in a sensational manner to generate publicity which exceeded the parameters of ethical journalism surrounding the investigation of YDH Dato’ Pahlawan Haji Ramli Haji Yusuf who at that time held the post of Director of the Commercial Crime Investigation Department of Police DiRaja Malaysia.”

Utusan's Apology

On January 15, 2013, the Star paid damages and admitted to its wrongdoings in a published public apology.

The Star's Apology

On October 18, 2013, the KL High Court found the NST and the MACC guilty of defaming Rosli and ordered them to pay damages of RM 300,000 and costs. This made history as it was the first time that the MACC was sued by a person and the MACC lost and had to pay damages.

Last year Rosli sued A-G Gani Patail, MACC Chief Commissioner Tan Sri Abu Kassim and several other MACC officers for conspiracy, false and malicious investigation, abuse of power, abuse of prosecutorial discretion, malicious prosecution, prosecutorial misconduct and public misfeasance.

Read the MKini report below and you will discover that A-G Gani Patail had engaged Tan Sri Cecil Abraham , a senior private lawyer from Messrs ZulRafique & Partners (an UMNO law firm) to defend him, the A-G Chambers (A-GC) and the MACC.

I find that surprising since I am told that the A-GC has over 800 lawyers, making the A-GC the “largest law firm” in the country. By contrast, I am told that the largest private law firm in the country has a maximum of 140 lawyers.

 Putrajaya needs to review its policies as it can't afford to spend taxpayers' money on the AG's own legal problem.


Putrajaya needs to review its policies as it can’t afford to spend taxpayers’ money on the AG’s own legal problem.

That means the Government of Malaysia spends millions of ringgit to staff the A-GC in order to defend the government. Yet when the Government is sued, A-G Gani Patail engages private lawyers. Does that makes sense to you?

Is A-G Gani Patail admitting that he is not confident of the A-GC, which he heads, to defend him and the government in the face of the law suit by Lawyer Rosli Dahlan? Is A-G Gani Patail admitting that the A-GC is incompetent? Was that why Tan Sri Shafee Abdullah was asked to be an ad hoc DPP to prosecute the appeal against Dato Seri Anwar Ibrahim? Or is there is a commercial logic to that? Is A-G Gani Patail outsourcing legal work to his friends in the private sector to reward them for covering up for his misconduct and incompetence?

Cecil Abraham sits in the MACC’s Operations Review Panel.

Cecil Abraham sits in the MACC’s Operations Review Panel.

I had a chat with Tan Sri Robert Phang who has always been critical of A-G Gani Patail. He told me a more worrisome story. Robert Phang questioned whether Tan Sri Cecil Abraham (right) is a fit to lawyer to defend the A-G because Cecil Abraham sits in the MACC’s Operations Review Panel, which advises on oversights in the MACC. One of the committee’s functions is to ensure that the MACC and other government agencies do not commit abuses. It is like an Ombudsman. If so, how can Cecil Abraham defend A-G Gani Patail and the other MACC officers whom Rosli has accused of fixing him? Is that not a conflict of interest?

Other lawyers tell me that Cecil Abraham is the senior lawyer implicated in the PI Bala SD case over the Altantuya murder. I am stunned by all these revelations. It seems that all the committees and advisory panels in the MACC and other government agencies are to cover up for their wrongdoings rather than to expose and correct them. No wonder our country is headed for doom !

Americk Sidhu, PI Bala's lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

Americk Sidhu, PI Bala’s lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

I am told that Rosli’s Statement of Claim against A-G Gani Patail contains very damning revelations about A-G’s misconduct. I am told that with every victory that Rosli gained against A-G Gani Patail, more and more civil servants and people are coming up to him to offer assistance and being more willing to be witnesses in his cases. This was unlike before when many were afraid to be associated with him.

Is that why AG Gani Patail does not want to go to trial and employ all kinds of delaying tactics in Rosli’s suit against him. Is that why A-G Gani Patail engaged Tan Sri Cecil Abraham to strike out Rosli’s suit? Otherwise, why is A-G Gani Patail so afraid to go to trial in Rosli’s case?

But now that Tan Sri Cecil has lost this striking out application and the A-G is ordered to pay cost to Rosli, who is going to bear this cost? Should taxpayer’s money be used to pay for the misconduct of these rogues in government? If we taxpayers have to bear this cost, then A-G Gani Patail and the likes of him will never be repentant. There will never be accountability!

In my view, A-G Gani Patail must bear the full costs of his misconduct. He must be held accountable and he must pay the legal fees charged by his friend Tan Sri Cecil Abraham. I am also of the view that the MACC should sack Cecil Abraham from being on its Advisory Panel. Cecil Abraham cannot sit there to pretend that he is acting as a check and balance against the MACC’s misconducts whereas he is also covering up for the MACC when the MACC is sued by Rosli, and getting well paid by the Government using tax payer’s money!

Conflict of Interest

The conflict of interest is so clear and it is appalling that a senior titled lawyer like Tan Sri Cecil Abraham cannot see that. I also feel that the Bar Council should not stand idle arms akimbo with this revelation. The Bar Council should subject Cecil Abraham to disciplinary proceedings for breaching such common sense rule on conflict of interests. Cecil has dishonored the Bar and the Council must act against him!

Well Done, JC Wazeer Alam Mydin 

In that regard, I must congratulate Judicial Commissioner Wazeer Alam Mydin for having a fair sense justice in not allowing A-G Gani Patail to strike out Rosli ‘s claim. A judicial Commissioner is basically a probationary judge. For a probationary Judge to do this means JC Wazeer is indeed a brave man who would not tolerate public authorities who commit abuses and then claim immunity. It is indeed a brave probationary judge to stand up to the A-G and tell it to the A-G’s face that the A-G is not above the law.

The winds of change is blowing and judges like JC Wazeer Alam will be a credit to the judiciary. JC Wazeer Alam is indeed a brave man to make this iconic statement:

“The claim by AG of his absolute public and prosecutorial immunity is an anathema to modern democratic society.”

======================================================

April 11, 2014

A-G not immune to legal action, rules Judge

by Hafiz Yatim@www.malaysiakini.com

The Attorney-General is not immune to legal action, the High Court in Kuala Lumpur ruled today.

Judicial Commissioner Vazeer Alam Mydin Meera said this in dismissing Attorney-general Abdul Gani Patail’s application to strike out the suits by former Commercial Crime Investigation Department director Ramli Yusuff and his lawyer Rosli Dahlan.

Public authorities who abused their powers have been "insulated" from prosecution for "far too long" by using the Public Authorities Protection Act.

Public authorities who abused their powers have been “insulated” from accountability  for “far too long” by using the Public Authorities Protection Act.

“I am afraid that the notion of absolute immunity for a public servant, even when mala fide or abuse of power in the exercise of their prosecutorial power is alleged in the pleadings, is anathema to modern day notions of accountability.

“I agree that deliberate abuse of power by a person holding a public office is tortious and is referred to as misfeasance in public office.

“Such a tortious act can arise when an officer actuated by malice, for example, by personal spite or a desire to injure for improper reasons, abuses his power,” Vazeer Alam said.

“This is keeping with developments in modern jurisprudence that absolute immunity for public servants has no place in a progressive democratic society,” the judge added. The A-G and two other officers from the A-G’s Chambers were named in the respective suits filed by Ramli Yusuff and Rosli Dahlan.

They had sought to strike out the suits on the grounds that they should be immune to such action in carrying out their prosecution powers. Ramli had filed a RM128.5 million suit against A-G Gani, former IGP Musa Hassan and several Malaysian Anti-Corruption Commission officers.

Rosli had filed a separate suit amounting to RM48 million against the same parties.The two are suing them for abuse of power, malfeasance in the performance of public duty, malicious prosecution and prosecutorial misconduct, among others.

Suits not filed out of time

Judicial Commissioner Vazeer Alam also ruled that the two suits for malicious prosecution were not filed out of time as this cause of action accrued upon the determination of the final appeal. He said that the court could not consider the period to be when Ramli or Rosli  were acquitted, as there were subsequent appeals against the acquittals made after this.

“As with Ramli’s case, the appeals lodged by the public prosecutor were dismissed in June and in November 2011. Therefore the filing of the action on Nov 1 last year is well within the time stipulated in Section 2 of the Public Authority Protection Act,” the  ruled,

Vazeer Alam also allowed the two to name the MACC in their legal action, since the MACC took over from the Anti-Corruption Agency.

Ramli had sued the defendants for their claim that he was the policeman in the Copgate affair and that he had RM27 million in assets.

Subsequently, Ramli was charged with the non-disclosure of some of his assets and the case against him was thrown out. Ramli’s lawyer friend Rosli was also hauled up as a result of this.

Ramli, who was a former state Police Chief for Pahang and Sabah, said in his statement of claim that his relationship with Gani soured in 2006.

This was after he met then Prime Minister Abdullah Ahmad Badawi and recommended that former Malaysia Airlines chairperson Tajudin Ramli be prosecuted for the severe losses suffered by the company.

“But the A-G decided not to prosecute Tajudin. I even told the PM then that if the AG was reluctant to prosecute Tajudin, the CCID would have the necessary resources to conduct the prosecution.

“This earned me Gani’s permanent displeasure…” Ramli said in his statement of claim.

‘A brave decision’

After today’s court session, Ramli commended the judge for his brave decision. “I am not doing this for Ramli Yusuff but for the Police Force, some of whom have been victimised as a result of this. And I am also doing this for the serving government officers who have also been victimised.

“I am also seeking closure to an event that has affected my possible career advancement,” he said.

The RM27 million investigations had hindered his promotion to be the Inspector-General of Police, he added. This post was subsequently handed over to Musa Hassan.

Rosli, on commending today’s High Court decision, said abuses by the public authority have for too long been insulated by invoking the Public Authority Protection Act.

“Today, a brave judge has declared that absolute prosecutorial immunity is  anathema to the modern concept of democracy. This is to remind the public authorities that no one is above the law,” Rosli said.

Several Police Officers under Ramli’s charge have also been prosecuted as a result of the Copgate affair and all of them have acquitted and have been reinstated to their posts during former IGP Ismail Omar’s tenure.

Ramli was represented by Harvinderjit Singh, while Chethan Jethwani and Darvindeer Kaur appeared for Rosli. Senior lawyer Tan Sri Cecil Abraham, Rishwant Singh and Senior federal counsel Dato Amarjeet Singh represented the defendants.

Vazeer fixed June 18 for case management to possibly fix trial dates for the hearing.

Judges dancing to tune of UMNO


April 3, 2014

Judges dancing to tune of UMNO

It has to take one stupid, perverse and farcical court to agree with another stupid, perverse and farcical court.

 
COMMENT@www.freemalaysiatoday.com

Anwar-Ibrahim-2011-mantan-PMBy Anwar Ibrahim

Talking about political winds, it appears that lately, the Malaysian judiciary, particularly the judges of the superior courts, are caught in the whirlwind and are frantically racing against each other to please the powers that be of the day.

In the frenzy to curry favours from their political overlords, these minions have stopped at nothing to ensure that they will be the first to reach the finish line.

Pots of gold await the backscratchers and lackeys. And where financial gratification may appear a tad blatant, there’s always elevation to the higher rungs of office to whet the appetite.

Unlike parliamentarians, judges will never be content to be backbenchers. The preferred place is the front and the top where they can tower over ordinary mortals, even if they be law-makers or members of the Bar.

They fear no one except their political masters because they know on which side their bread is buttered. And they shall not bite the hand that feeds.

Throwing judicial decorum to the wind, they bare their fangs and sharpen their claws in order to cow supplicants in their courts into submission, and in the process, their demeanour and conduct leaves no one in doubt about their bias.

And though they know that an adversarial system dictates that judges must not just act impartially but must be seen to be so, they bend backwards to don the hats of prosecutor and executioner as well.

When this happens, as indeed it is happening now with unprecedented frequency, we know justice has gone to the dogs. It is happening because Prime Minister Najib Tun Razak, in flagrant abuse of power, has launched a new campaign of political persecution.

“Even if we can’t defeat them at the polls, all is not lost (remember Altantuya?). We still have our judges to do our bidding. See how they fall over each other at the snap of our fingers!”

This is the alarming trend in our judiciary where judges work hand in glove with the Attorney-General’s Chambers to deny leaders of the federal opposition, duly elected representatives of the people in parliament, their right to justice.

In taking this unconstitutional and nefarious line, they have turned the doctrine of the separation of powers on its head.Hence, apart from me, MPs Karpal Singh, Azmin Ali, Antony Loke, Rafizi Ramli, Tian Chua, Syed Azman and Shamsul Iskandar just to name a few, are marked for the judicial abattoir by the executioners.

It may be sodomy, it may be sedition, or it may be illegal assembly, or whatever. These bootlickers know less of law and the principles of justice than lording over the courts parading proudly as peacocks (and peahens) their colourful judicial plumage overflowing with the arrogance of power.

Life after retirement

As for those judges who used to sit on the throne, there is still life after retirement. The involvement of former Chief Justice Tun Abdul Hamid Mohamad in the National Unity Front, closely linked to Perkasa, Malaysia’s icon of racism, while not shocking remains scandalous.

It makes a mockery of the institution of the judiciary which he once headed and contradicts the principles of equality, equity and justice that the judiciary is supposed to stand for.

Is it conceivable for a former chief judge to head an organisation that is adamantly opposed to the National Unity Consultative Council, and to be notoriously engaged in race-baiting and the trumpeting of the superiority of one race over other races in our multi-racial and multi-religious country?

It would appear that it is not only conceivable but that it is lauded with much fanfare by UMNO going by the prominent coverage given to it by the UMNO-controlled media.

Incidentally, this is the same judge who, in his Federal Court judgment, had written that “the court’s decision must only be based on the evidence adduced and nothing else and (hence) it had to acquit because of lack of evidence,” but qualified it with the illogical and manifestly asinine statement that “we find evidence to confirm that the appellants were involved in homosexual activities”.

In other words, “we find him NOT guilty but at the same time guilty”. Anything more stupid, perverse and farcical than that cannot be found in our judicial annals (no pun intended) except for the judgments and pronouncements of Augustine Paul and Ariffin Jaka in respect of Sodomy 1 and the current decisions in respect of the application for expunging and the Sodomy 2 appeal.

As they say, it has to take one stupid, perverse and farcical court to agree with another stupid, perverse and farcical court.

UMNO must fight its own political battles and not be such a coward to use the judiciary to help them fight the opposition. How long more are our judges going to dance to tune of UMNO?

When will they stop becoming stooges and lap dogs of UMNO leaders? How long more must the rakyat endure this sham? Who are the puppeteers in this shadow play?

Are these judges not aware that UMNO will not be there forever to cover their tracks, or their backs, or that not only will history judge them, but that the rakyat are not going to sit idly by – forever – while they continue to pervert the course of justice?

Parliament, as the vox populi, must make its voice heard before we reach the tipping point and the situation gets out of our hands.

There is a tide in our affairs which, unless we seize it, will see our voyage for democracy and rule of law in shallows and in miseries.This is the rising tide of judicial impropriety, arrogance of power and transgression. As one of the three branches of government, parliament must reassert the sanctity of the separation of powers principle.

It is therefore morally incumbent and constitutionally expedient that parliament acts accordingly to break up the illegal and unconstitutional collusion between the Executive and the Judiciary.

Anwar Ibrahim is the federal Opposition Leader.

Charge Against Malaysia’s Opposition Leader is Flawed and politically motivated


 

Sodomy charge Against Malaysia’s Opposition Leader is flawed And politically motivated

by John Berthelsen

 

http://www.asiasentinel.com/politics/malaysia-sodomy-case-flawed-day-one/

The charges against Anwar seemed cooked up and malicious, but government prosecutors pressed ahead anyway.  

najibm1Anwar Ibrahim’s Sodomy II trial, which ran almost two years before ending in 2012, was built on flawed evidence, procedural mistakes, tainted witnesses and reports of political collusion with Najib Tun Razak,  the current Prime Minister, and was condemned internationally by legal scholars and human rights activists.  

He was eventually acquitted for lack of evidence only to have an appeals court reverse that decision, ruling in favor of a government appeal on Friday. He was sentenced to five years in prison but is free on bail pending appeal. Homosexuality is illegal in Malaysia. The sudden reversal on Friday shocked political observers and the general public.

Sordid and Unbelievable

The story began on June 28, 2008 when a then-24-year-old aide, Mohd Saiful Bukhairy Azlan, made the sodomy accusation against Anwar, who had led the three-party Pakatan Rakyat coalition to a historic sweep of five Malaysian states, winning 82 parliamentary seats in general elections and breaking the ruling Barisan Nasional coalition’s two-thirds majority hold on parliament.

Despite an offer to appear voluntarily at the police station to deal with the charges, the opposition leader was arrested at his home on July 16 of that year by a contingent of 10 carloads of police commandos and was locked up overnight in a Kuala Lumpur jail.

The trial, which began in February 2010, was marred by the introduction of a mountain of questionable evidence, egregious prosecutorial errors and a long series of prejudicial rulings by High Court Judge Mohamad Zabidin Mohamad Diah.

From the very beginning, doubts began to surface. To start with, Saiful belatedly sought to get doctors to certify that he had been sodomized 48 hours after the alleged encounter. Records showed he first went to a private hospital where a doctor found no evidence of penetration and told him to go to a government hospital. At the first government hospital, doctors also told him they had found no evidence of tearing or scarring that would have indicated his anus had been penetrated. He was forced to go to a third government hospital where he finally found a physician willing to say the act had taken place.

Political connections

Saiful acknowledged in court that he had met with then-Deputy Prime Minister220px-Anwar_Ibrahim-edited Najib Tun Razak and his wife, Rosmah Mansor, on June 24, 2008, two days before the alleged sodomy took place and on other occasions with Rosmah’s close confidant, the former track star Mumtaz Jaafar. Neither the Prime Minister nor his wife nor Mumtaz was called to the stands to explain why they met with Saiful.

There were many questions about the DNA, which was allegedly taken from Saiful’s rectum 90 hours after the reported act took place. He claimed not to have eaten, drunk nor gone to the bathroom for that entire period.

The evidence was not refrigerated and was stored in an unguarded police office. Government laboratory technicians testified that as many as 11 different DNA traces had been found in Saiful’s rectum. At one point Zabidin ruled that the DNA was too doubtful to be admitted, only to have the prosecution appeal, at which point the judge reversed himself, leading to charges he had been coerced.

There were even questions whether Saiful had actually met with Anwar on the date he allegedly was sodomized. Although cameras showed him in the lift of the building where the offence allegedly took place, Anwar said he was meeting with a group of economists in the condo at the time and that Saiful had not appeared in the room.

Saiful also acknowledged meeting secretly twice with Rodwan Mohd Yusof, a senior assistant Police Commissioner, before the alleged offense took place. Rodwan became famous, or infamous, in Anwar’s 1998 Sodomy I trial when he was found to have illegally removed Anwar’s DNA samples from forensic custody and planted them on a mattress allegedly used by Anwar for a homosexual dalliance. To protect the integrity of the prosecution’s case, the presiding Judge, the Late Augustine Paul, expunged the entire DNA evidence at the time.

Saiful testified that on the day he allegedly met with Anwar, he had taken lubricant with him to Anwar’s condominium – hardly the act of an innocent aide who had no idea that the then 63-year-old Anwar was about to jump him for unnatural sex.

It also became known during that Saiful was having a sexual liaison with Farah Azlina Latif, a female member of the prosecution team, which might have further disqualified him as a complaining witness.

The family apologizes

Saiful’s father, Azlan Mohd Lazim in March 2013, apologized to Anwar at a press conference and said the plot to have Anwar arrested was cooked up in Najib’s office. He said his son had been used by “irresponsible quarters” and that statements that both he and his son gave to the press during and after the trial were written by his lawyer and a special officer in Najib’s office.

“Anwar is innocent and a victim of this slander… as such I apologize to Anwar and his family,” Azlan said in a printed statement.” He and his family have suffered a lot as a result of this slander. I deeply regret all the slander hurled against Anwar, which involved my son Saiful Bukhairi.”

Rosmah and NajibThe case “was planned in great detail by a special officer in the PM’s Department,” Azlan said. “Even the script I read during the press conference after Anwar’s sodomy acquittal last year was prepared by this officer.”

His son, he said, “has never explained the sodomy incident and the accusation to me. I was never called as a witness in the case. I was never called by any party to offer my statement as the father from the start to the end of the trial.”

Although he was always seen accompanying his son during the trial, Azlan TDMexplained that he did so simply as a father who was giving moral support. Azlan said he decided to make his statement after collecting information obtained during the trial, as well as that sent to him by the public.

“As a Malay and a Muslim, I started to realize the evil of this plan. I don’t want to RGESs’ continue to conspire with this malicious slander. I want the people who love this country to know their malicious intention,” he said. “If this malicious intention continues, not only the Malays and Muslims would be destroyed, but the nation would be destroyed as well. I do not want to see this happen.”

Fiasco Looms for Malaysia’s Ruling Coalition


February 26, 2014

Fiasco Looms for Malaysia’s Ruling Coalition

Post-election public support drops steeply amid growing calls for PM Najib to take action

One of Malaysia’s most respected polling organizations is expected to release figuresRosmah and Najib over the next few days showing that support for the ruling Barisan Nasional from all three of the country’s major ethnic groups is dropping steeply, to the point where if an election were held today,  the national coalition would be buried in a landslide.

The loss of support is not just from ethnic Indians, whose approval figures for the Barisan have dropped from 45 percent to 30 percent, or the ethnic Chinese, only 8 percent of whom support the coalition, but from ethnic Malays, the mainstay of the coalition.  Support has dropped from 61 percent to 50 percent, according to sources who have seen the figures. In Penang, the poll reportedly shows that the Barisan wouldn’t win a single one of the 40 state seats and 11 parliamentary ones.

That has led to deepening concern over the performance of Prime Minister Najib Tun Razak, with growing calls for him to either step down in favor of another UMNO figure or to take dramatic steps to revitalize his leadership.  Even the mainstream press, all of it owned by Malaysian political parties, is becoming increasingly emboldened to criticize his performance.

Reportedly, according to political sources in Kuala Lumpur, he is increasingly being ignored within his own coalition, most recently by Sarawak strongman Abdul Taib Mahmud, who is stepping down as chief minister. Taib named his former brother-in-law, Adenan Satim, as his own replacement despite a promise during a meeting in London that he would heed Najib’s wishes in naming the new chief minister.

With both national and intraparty elections out of the way last year, Najib gambled that he could drastically cut subsidies for sugar, petrol and rice in a bid to put the country’s fiscal condition back into shape, with the fiscal debt running close to the maximum permissible limit of 55 percent.  But with the cost of living soaring upwards, he faces growing outrage.  He has since been forced to back away from a sharp rise in highway tolls.  And, while anecdotal evidence in the markets indicates that prices are climbing inexorably upwards, critics say the controlled press is continuing to report that there is no cost of living problem.

One of the issues that won’t go away is a government decision to ban use of the word Allah to mean God in Malay-language Bibles, which has infuriated Christians and moderates, who point out that throughout the Arab world, Christians use the word as a proper noun.  Najib has come under fire for making moderate statements when he is out of the country, but refusing to take a stand on the issue, or to rein in vocal Malay supremacy organizations such as Perkasa, headed by Ibrahim Ali, whose intemperate racial statements have increasingly poisoned the political atmosphere.

Within UMNO, Najib’s wife, Rosmah Mansor, has become a lightning rod for those who see her as flaunting excess wealth including designer handbags, watches and jewelry at a time when the country is facing cost of living problems.  Many blame her for decisions that the Prime Minister is – or is not – making.

Najib is said to be shaking up his staff, replacing his long-time chief of staff with a younger, more dynamic individual. Reportedly he is also expected to call a party retreat to seek to convince party division chiefs and others within the United Malays National Organization that he has a plan to revitalize the political situation.  Party leaders complain that 10 months after the narrow parliamentary victory – and popular vote loss – that left the Barisan in charge, Najib has still not called for a post-mortem of the way the race was run.

With US President Barack Obama scheduled to visit the country on a state visit in April,  it is imperative to get moving, say political analysts in Kuala Lumpur.  Behind Najib is the ever-present specter of former Prime Minister Mahathir Mohamad, who has taken no public position against Najib but who clearly has unleashed bloggers who are hounding the prime minister on all sides. Sources within the Mahathir wing of UMNO told Asia Sentinel that Mahathir is after Najib’s head.

the-man-behind-perkasa1It had been thought that, having emasculated Najib’s economic plans after the election, the Mahathir wing would be content to leave the weakened prime minister in his place until the next election.  The two most viable candidates to replace him would be Deputy Prime Minister Muhyiddin Yassin, who has reportedly said he is too old and tired for the job, and Home Minister Ahmad Zahid Hamidi, who is regarded even by many UMNO figures as too mercurial and polarizing for the job.

However, A. Kadir Jasin, former chief editor of the New Straits Times and a close confidant of the 88-year-old former premier, in his blog,”The Scribe,” on Saturday suggested that Muhyiddin might not be so tired, or that a third candidate, Hishamuddin Hussein, Najib’s cousin and the party’s third-ranking vice-president, might be a possible alternative.

Thus, despite denials on all sides, the political picture is beginning to resemble that in 2008 and 2009, when growing forces coalesced to drive Najib’s predecessor, Abdullah Ahmad Badawi, from the premiership. The growing drip of blog comments is an indication that Najib must take action or face a serious revolt.