December 11, 2010
Robert Phang Slams AG Gani Patail - Remove Him!
by Din Merican
I have said it before and I say it again- AG Gani Patail is a liability to this government!
I am so disgusted reading the second open letter from Dato Mat Zain Ibrahim, former KL CID Chief, to the IGP, Tan Sri Ismail Omar. Mat Zain accuses AG Gani Patail of being a LIAR, FABRICATOR and MANIPULATOR.
Mat Zain’s contempt for AG Gani Patail and former IGP Musa Hassan is so without bounds. That these two have destroyed the criminal justice system and have brought total disrepute to PDRM and the A-G Chambers. And only a few hours ago, Tan Sri Robert Phang had issued a scathing press statement slamming the AG as being the root cause that will discredit the whole government’s efforts to eradicate corruption. I can do no better than to reproduce the most damaging part of Robert Phang’s statement below:
“The root cause of all this suspicion is the credibility of the A-G Chambers, in particular of the personal integrity of AG Gani Patail himself. As a public officer, the AG’s conduct, both public and personal, must be beyond reproach. That is the root problem. For so long as there is suspicion about the personal conduct of AG Gani Patail as described above and it is not addressed, all sincere efforts by the Government and the MACC will be futile. It will be regarded as mere public relations exercise or slogans. It will be unfortunate if the AG himself becomes a stumbling block to the Government’s and the MACC’s efforts to portray a Bersih. Cekap, Amanah Government. It is like the saying “Ketam cuba mengajar anaknya berjalan lurus”.
Gani Patail is the problem. He is mired in controversy . He is vindictive. He victimizes the innocent and protects the crooks. His insistence to persecute Lawyer Rosli Dahlan is frowned upon by the MACC’s own Advisor, Tan Sri Robert Phang. His personal conduct is unbecoming of an Attorney General in consorting with dubious characters and persons of ill-repute.
As a public officer he has breached the Tata Kelakuan Pegawai Awam. The MACC should investigate him. The toothless and kaki ampu Ketua Setiausaha Negara,(KSN) should but does not suspend him. If the former Chief Justice, Eusoff Chin , was subjected to a Royal Commission of Inquiry, Gani should too.
The government should just remove him!
The PRESS STATEMENT BY TAN SRI DATUK ROBERT PHANG MIOW SIN, Justice of Peace and Chairman-Social Care Foundation is reproduced to remind us what is at stake in our effort to fight corruption and abuse of power:
“On Tuesday 30th November, I gave a Press Conference touching on the public perception of the MACC and A-G Chambers especially about selective prosecution. I mentioned the failure, at that time, to take action in Dato’Seri Khir Toyo’s case and in the Malaysian Airlines case which involved losses of RM 8 billion. I also expressed concern about public outcry over the conduct of A-G Gani Patail consorting with En Shahidan Shafie in a manner that give rise to grave suspicion. There has been public exposure that En Shahidan is the proxy of former Malaysia Airlines Chairman, Tan Sri Tajudin Ramli.
My statement was received badly by the Minister in the Prime Minister’s Department, Y.B. Dato‘ Seri Mohd Nazri Aziz who blasted me for raising the concerns of the lay public. The Senior Minister had used very harsh words on me and called me “a man in the street”.
My response on Thursday December 2 reminded YB Dato Seri Nazri to be circumspect and not to be arrogant. As God would have willed it, on Sunday 5th December, Prime Minister Dato‘ Seri Najib Tun Razak cautioned the 13 BN party components about the four “political diseases” – delusion, amnesia, inertia and arrogance – which he said could crush the ruling coalition.
The PM’s reminder that Ministers and BN leaders must not be ARROGANT is very timely. Government leaders who feel they are not accountable to the ordinary man in the street would make the citizenry have not only disdain for the government but that would also sow the seeds of hatred towards the BN Government. In the end the BN Government will be alienated from the people and that can only spell disaster at the ballot box.
On Monday December 6 , former Selangor Menter Besar, Dato Seri Khir Toyo, was charged by the MACC for an offence under s. 165 of the Penal Code. The public saw that none less than the AG Tan Sri Gani Patail himself turned up in court. This public display of firmness in taking action without fear or favour is certainly commendable.
On Thursday December 9, 2010, the Prime Minister assured the public that the prosecution of Dato Seri Khir Toyo is not just a public gimmick (sandiwara). As Chairman of Social Care Foundation and Panel Adviser to the MACC, I fully support the Prime Minister’s assurance. I urge the public not to doubt the government’s seriousness in combating corruption. I urge the opposition not to play politics in such matters. The public must have faith that the MACC is doing its best in eradicating corruption against the big fish and the small fry. The public must therefore support the MACC’s efforts instead of running them down. I commend the MACC Chief Commissioner, Dato‘ Seri Abu Kassim Mohamed, who has shown resolve and consistency in this regard.
Unfortunately, public perception is also important. I am therefore compelled to voice out the public skepticism why Khir Toyo was charged under the Penal Code and not under the MACC Act, since the investigation was made by the MACC ,and not the Police. The public has not forgotten that the MACC Act was passed specifically to facilitate easier investigation and prosecution for corruption offences. Foremost in the public’s mind is why was Khir Toyo not charged for corruption.
The public must not be left with a lingering mind especially since the MACC and the A-G Chambers had invoked the more draconian corruption provisions in the predecessor act to the MACC Act when charging Dato‘ Ramli Yusuff and Lawyer Rosli Dahlan. Dato‘ Ramli has since been acquitted. It is now shown that En Rosli was just a lawyer needed as a witness. Strange enough, it is an open secret that MACC’s recommendation to withdraw the charge against Rosli Dahlan, yet the A-G has not responded. The public is asking – Why is that the case? There is widespread public suspicion that Rosli is being persecuted for his role in the Malaysia Airlines case.
This is fueled by the reluctance of AG Gani Patail to institute prosecution for the RM8 billion losses suffered by Malaysia Airlines during the time of Tan Sri Tajudin Ramli. The public is concerned with allegations surrounding A-G Tan Sri Gani Patail’s personal conduct in consorting with the proxy of Tan Sri Tajudin Ramli during a recent Haj pilgrimage. The photographs and documents that have been in the public domain seem very convincing. The AG’s silence has further fuelled this suspicion. The AG cannot continuously stonewall the public. The consequences can be adverse on the Government.
The root cause of all this suspicion is the credibility of the A-G Chambers, in particular of the personal integrity of AG Gani Patail himself. As a public officer, the AG’s conduct, both public and personal, must be beyond reproach. That is the root problem. For so long as there is suspicion about the personal conduct of AG Gani Patail as described above and it is not addressed, all sincere efforts by the Government and the MACC will be futile. It will be regarded as mere public relations exercise or slogans. It will be unfortunate if the AG himself becomes a stumbling block to the Government’s and the MACC’s efforts to portray a Bersih. Cekap, Amanah Government. It is like the saying “Ketam cuba mengajar anaknya berjalan lurus”.
Therefore, AG Gani Patail must heed the PM’s call not to suffer delusion, amnesia, inertia and arrogance. In that regard, I invite the AG to respond to all my earlier calls that he respond and answer these allegations. The public needs to be satisfied in order for the Government to regain the public trust that it is serious in the eradication of corruption and in achieving Justice for All.
“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, THE MEEK WILL RULE THE WORLD.”– Tan Sri Datuk Robert Phang Miow Sin
Footnote: MACC Act : Section 16
“Any person who is found guilty of an offence under section 10, 11, 13, 14 or 15 shall on conviction be liable to:
(a) imprisonment for a term of not less than
fourteen days and not more than twenty years; and
(b) a fine of not less than five times the sum orvalue of the gratification which is the subject-matter of the offence where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand ringgit, whichever is the higher.”