Politicians among 1,500 who own offshore companies

Politicians among 1,500 who own offshore companies – Malaysiakini

EXCLUSIVE: Top Malaysian politicians, their family members and well-heeled associates are among those owning secretive offshore companies in Singapore and the British Virgin Islands, according to an explosive cache of leaked documents.

They include former Prime Minister Dr Mahathir Mohamad’s son Mirzan, Federal Territories and Urban Well-being Minister Raja Nong Chik Zainal Abidin and Michael Chia, the alleged ‘bagman’ for Sabah Chief Minister Musa Aman.

The files, which were obtained by Washington-based International Confederation of Investigative Journalists (ICIJ) and examined by Malaysiakini,show more than 1,500 Malaysians owning offshore companies in Singapore – dubbed as the new Switzerland – as well as the British Virgin Islands (BVI), an international tax haven.

The ICIJ list comprises a curious mix of Forbes-listed tycoons, parliamentarians, retired politicians, civil servants and their spouses, members of royal families, famous and infamous businesspeople, underworld kingpins and even former beauty queens.

While some of the offshore companies carry out legitimate transactions, others are likely to be part of the RM871.4 billion estimated by Washington-based financial watchdog Global Financial Integrity (GFI) to have been lost through illicit outflows over a 10-year period.

In 2010 alone, GFI reported that close to RM200 billion of dirty money was siphoned out of Malaysia, putting the country second only to Asian economic powerhouse China in global capital flight.

The leaked ICIJ files provide secret records of offshore holdings of people and companies in more than 170 countries and territories.

“The hoard of documents represents the biggest stockpile of inside information about the offshore system ever obtained by a media organisation. The total size of the files, measured in gigabytes, is more than 160 times larger than the leak of US State Department documents by Wikileaks in 2010,” says ICIJ.

However, despite the extensive data, this is not the complete list of all off-shore companies around the world. Indeed, it is only the tip of the iceberg.

Nevertheless, it allows members of the public, for the very first time, to sneak a peak into the secretive world of anonymous wealth.

Raja Nong Chik

According to the leaked documents, Raja Nong Chik, who is Lembah Pantai UMNO chief, is a prominent shareholder and director of RZA International Corporation, a British Virgin Islands entity incorporated on Aug 21, 2007, through Singapore.

The company is a mirror of Malaysian entity Kumpulan RZA Sdn Bhd, a 1997-founded company dealing in real estate and equities investment.

Raja Nong Chik set up the offshore entity with his father, Raja Zainal Abidin Raja Tachik, a number of his sisters and brothers as well as other family members. Most of them are also shareholders and directors of Kumpulan RZA Sdn Bhd.

Prior to his senatorship, Raja Nong Chik was a corporate figure who founded and managed an engineering firm for 20 years.

Contacted by Malaysiakini, the minister confirmed that RZA International was set up by his father, who will turn 96 this year, “for the purpose of holding legitimate offshore investments for the family”.

However, the minister did not elaborate on the offshore investments made by his family through the company. He added that RZA International was de-registered in 2009.

“The company was not used to obscure activities of Kumpulan RZA Sdn Bhd, and neither was it used to circumvent taxes or hide transactions overseas,” Raja Nong Chik said in an email to Malaysiakini.

Mirzan Mahathir

Mirzan Mahathir, the eldest son of Mahathir, is also among those the ICIJ list as director and shareholder of three off-shore companies.

Mirzan’s major commercial vehicle in Malaysia is Crescent Capital Sdn Bhd, an investment holding and independent strategic and financial advisory firm. He is the company’s chairperson and chief executive officer.

A Forbes-listed entrepreneur, Mirzan holds a non-executive director position in Philippines-based San Miguel group, which has raised eyebrows in Muslim-majority Malaysia, as beer brewery is a core businesses of San Miguel.

One of Mirzan’s offshore entities is called Crescent Energy Ltd, a Labuan offshore company incorporated on Dec 16, 2003, originally named Mainline Ltd and with an authorised share capital of US$12,000 (RM37,000).

Mirzan became a director and main shareholder six days later and the company was renamed Crescent Energy on May 16, 2008.

Another Labuan offshore company, Utara Capital Ltd, in which Mirzan is named as sole shareholder and director, was incorporated on Aug 19, 1997, with an authorised share capital of US$15,000.

The third company, Al Sadd Investments Pte Ltd. was also a Labuan offshore company. It was established on May 14, 2009, with an authorised share capital of US$12,000. Mirzan is listed as the sole shareholder and director of Al Sadd Investments.

Malaysiakini has approached Mirzan’s office for his comments on these offshore companies, but his aide said he was unable to respond on the matter as he was out of town.

Michael Chia

Another prominent personality on the list is Chia Tien Foh, who is better known as Michael Chia – the shadowy business tycoon allegedly linked to Sabah Chief Minister Musa Aman.

Chia, too, has three offshore companies in which he is listed as either as director or shareholder. One of them was CTF International Ltd , with ‘CTF’ seen as the initials of Chia’s full name. It was incorporated on April 18, 2007, in the British Virgin Islands.

CTF International gained notoriety when it was named by whistleblower website Sarawak Report of being a conduit in channelling millions of ringgit to a Hong Kong account allegedly linked to Musa.

However, Musa (left), has denied any business ties with Chia (right).

CTF was de-registered in 2008. The other two offshore companies owned by Chia are Ravenswood Development Ltd and Ark Capital Technologies Ltd.

In addition, Chia’s wife Yap Loo Mien and another woman, who is alleged to be his mistress, Yap Siaw Lin, also appear on the list as key shareholders in three separate British Virgin Islands entities.

Loo Mien owned two companies – Perfect Minds Incorporated and StarWater Corporation – while Siaw Lin owned Splendor Success Worldwide Ltd.

Malaysiakini contacted Chia through the address stated in his company registration documents for comments, but there has been no response.

Iron-clad secrecy

According to a former officer with of the Inland Revenue Board (IRB), crooked Malaysians parked their money offshore to enjoy either significantly lower or even no taxes, and where the income is illegal, they are protected by a wall of secrecy.

Such ploys, said the officer who was a tax investigator, may not always succeed as Malaysia has a double taxation agreement, with close to 80 countries, that provides for the exchange of information on investigations involving the prevention or detection of tax evasion or fraud.

This includes Singapore, where some of the offshore companies are based.

The island republic has been labelled by Sarawak corporate lawyer Alvin Chong (right) as the “new Switzerland” in a recent video clandestinely filmed by London-based NGO Global Witness.

The retired officer, who worked with the IRB for more than 20 years, added that while the setting up of offshore companies was, in itself not illegal, such companies could be used to evade taxes.

“For example, a payment can be made for a seemingly legitimate service, like consultancy for the procurement of submarines, but it is paid to a company set up overseas, where the recipient pays a lower tax.

“Singapore and Hong Kong, with corporate tax rates of about 17 percent compared with Malaysia’s 25 percent, are popular parking lots,” he said, speaking on condition he not be named.

Tax evasion

One of the methods of tax evasion was explained by Chong in the Global Witness video – on how to avoid paying capital gains tax relating to Sarawak’s doggy land deals.

According to the former tax officer, offshore companies often include many layers of ownership through nominees to camouflage and “water down the link” to the original owner.

As such, he said the act of setting up offshore companies in tax havens often raises red flags.

“Someone can say that their company is set up at the British Virgin Islands, for example, but the money they use to set up the BVI company, or more importantly, the operations channeled through these tax havens could raise suspicion as being not genuine and invite an IRB probe,” he said.

“If the MACC (Malaysian Anti-Corruption Commission), IRB or the police want information from their Singapore counterparts, for example, the latter are obliged to give, at least under the Malaysia-Singapore DTA (double taxation agreement),” he said.

But most tax havens are not signatories to DTA agreements and they operate outside international law.

Moreover, it is also up to the Malaysian authorities to decide whether to pursue the case and seek the necessary information from their counterparts abroad.

---

Aidila Razak, Kuek Ser Kuang Keng, Wong Teck Chi and Steven Gan contributed to this report.

 

MACC: What more evidence you need ?

Video expose implicates Sarawak CM, kin in alleged land graft

A new video implicates Taib and his family in shady land deals.KUALA LUMPUR, March 19 — An international activist organisation provided today video proof of shady land deals in Sarawak that implicates the state’s Chief Minister Tan Sri Abdul Taib Mahmud and his family, with parts of the clip aired on the Al-Jazeera news channel at 10am.

In a covert investigation, Global Witness (GW) captured on video dealings with Taib’s cousins and several other intermediaries to acquire thousands of hectares of forest land that the London-based activist said revealed the systematic corruption and illegality that lay at the heart of Malaysia’s biggest state.

“This film proves for the first time what has long been suspected — that the small elite around Chief Minister Taib are systematically abusing the region’s people and natural resources to line their own pockets,” said Tom Picken, forest team leader at Global Witness, in a statement released today.

“It shows exactly how they do it and it shows the utter contempt they hold for Malaysia’s laws, people and environment.”

In a 16-minute video clip, GW investigators, who posed as foreign investors, recorded snippets of their conversation with Taib’s cousins and lawyers, to purchase the land for hefty profit and which the environmental campaigner said would displace thousands of the indigenous people living there.

A recorded conversion with sisters Fatimah Abdul Rahman and Norlia Abdul Rahman — who are the daughters of the state’s former Chief Minister Tun Abdul Rahman Ya’akub and first cousins with the incumbent CM — provided a very telling glimpse into the means of how business is conducted in Sarawak to enrich the ruling elite.

Fatimah: Ample Agro belongs to my family, but my sisters, the four elder ones are in the company. The Land and Survey Department, they are the ones who issue this licence… Of course it’s from the CM’s directive but I can speak to the CM very easily.

GW: Can you?

Fatimah: Yes.

GW: And you think he’ll agree?

Fatimah: Yeah, he was the one who gave us the land. He’s my cousin [laughs]. His mother and my father are sisters and brothers, siblings. He’s my cousin so it’s quite easy.

The sisters said they were owners of 5,000 hectares of land given to them for a nominal sum by Taib, and which they were looking to sell under their company, Ample Agro, which they admitted to be a shell company.

GW: You’re proposing basically, Ample Agro, which is your company OK, sell your company, rather than the land. And your company owns the land?

Norlia: Yes… I bought that company as a shell company for this land.

Their lawyer, Alvin Chong, was also recorded in the video telling the GW “investors” how to evade real property gains taxes.

Another lawyer, Huang Lung Ong of Huang & Company Advocates, was also recorded trying to sell land for his uncle, a prominent businessman in Sibu, Datuk Hii Yii Peng, said to have close ties with Taib, saying that at least 10 per cent of the sale price would have to go to the chief minister as commission.

In its statement, GW alleged that senior government officials and a timber company executive said it was standard practice in Sarawak for companies to pay a personal fee to Abdul Taib in return for approval of timber and plantation licences.

London lawyers representing the chief minister have denied the allegations, the NGO reported.

“The Government of Sarawak issues licences for land in very controlled circumstances,” the law firm, Mishcon de Reya, was quoted as saying. “This is an administrative exercise, not political patronage.

“Our client never demands or accepts bribes for the grant of licences and leases.

“He has not issued any ‘directive’… illegally to benefit his cousins.”

Taib, 76, has been Sarawak chief minister for 32 years, having taken office in March 1981.

His personal wealth has stirred much controversy, with detractors alleging he gained much of it through dubious means.

 

ROSLI DAHLAN’S DEFAMATION SUIT: NST JOURNALIST ADMITS “WE COLOR THE STORY!”

March 14, 2013

ROSLI DAHLAN’S DEFAMATION SUIT: NST JOURNALIST ADMITS “WE COLOR THE STORY!”

by Din Merican

Modern technology is so wonderful. You don’t have to be present at the scene of an incident to know what happened.The internet has ensured that information can no longer be the monopoly of a few. Thus, government leaders and those who hold public offices have to be very careful in their public conduct. If they misbehave, the world will know.

Another badly misbehaved case, by the DPP and MACC.

Similarly, mainstream media can no longer claim dominance in reporting news, or whatever propaganda they call news. If in the past the mainstream media can report lies and hope not to be caught out, or when they are caught out, they bury the news about how they have lied, now the mainstream media can no longer do that. There are now alternative media that will report the lies perpetrated by the mainstream media. Thus, everyone must tell the truth. No one must lie, especially not in court because court proceedings are now electronically recorded.

In my piece on February 28, 2013 entitled “THE LIES AND DECEIT BY THE NST: SUE THE BASTARDS ROSLI!”, I told readers that all the shenanigans in court proceedings are now caught on camera. So, Judges, private lawyers and government lawyers have to behave themselves when conducting cases. That was how the Malaysian Anti Corruption Agency (MACC) Legal Director, Dato Razak Musa, was seen trying to strangle himself to death in the Teoh Beng Hock Inquest. That is also how I knew that the Attorney General Chambers’ Team defending the Malaysian Anti Corruption Agency (MACC) in the defamation suit brought by Lawyer Rosli  Dahlan was led by one short Senior Federal Counsel (SFC) by Tuan Hj Azizan. That was how I knew that the said SFC spoke not only bad English but also displayed bad behaviour in court.

Apparently that trial continued yesterday, 13.03.13. Again none of the mainstream media reported this trial. This must be an auspicious date for Rosli because what I saw in the cd recording blew my mind. It exposed the lies perpetrated by The NST against Rosli .

The cd recording showed The NST senior journalist V Anbalagan in the witness box proudly admitting that it was The NST that broke the RM27m Cop story which was then picked up by the other media. NST was eager to publish the story without verifying it because it was afraid other newspapers would steal the scoop.

Anbalagan also made a startling revelation that he and other NST reporters were fed with information about the investigation by an ACA officer who was involved in that investigation despite knowing that it is an offence to leak such information.This caused the SFC Tuan Haji Azizan to dispute Anbalagan’s witness testimony because the ACA had been denying Rosli’s accusation that there was a breach of the law when the ACA deliberately leaked information on the investigation in order to smear his name. Now the ACA is caught doing exactly what they have been denying in the past.

Rosli’s counsel, Chetan Jethwani had a field day cross examining Anabalagan who admitted that he wrote the story implicating Rosli in hiding assets of a Senior Police Officer in order to “add color” to make it more interesting for readership! In another part, Anbalagan shifted blame to his editors by saying that it was his editors who wrote the title “Cop RM27m assets: Lawyer Held” and not him.

Then the blame game started between lawyers for The NST and the A-GC team. They started pointing fingers at each otherfor the erroneous and false stories that were published about Rosli. On the one hand, NST pleaded privilege and justification because they published the story based on information provided to them by the ACA. On the other hand, the A-GC is saying that the NST created their own stories and not based on any information provided by the ACA or its officers. This reminded me of the title of an African novel by Chinua Achebe – “Things Fall Apart”.

Things were falling apart for The NST and Anbalagan  because when asked to provide his journalist notes of the meetings and conversations that he had with the ACA source, Anbalagan said he did not keep any of these notes and had destroyed them despite knowing in 2008 that Rosli was already suing The NST and other major newspapers for all lying.

Watching the cd of these court proceedings are very entertaining. It is also very telling that these newspapers- Utusan Malaysia, The Star and The NST have a pact not to report these court cases because it really showed`how they have lied in their report about Dato Ramli Yusuff and Lawyer Rosli Dahlan. And yet, while Utusan Malaysia  and The Star have publicly and unreservedly apologised to Rosli, The NST and MACC remained adamant not to do so.

I now understand why Rosli is so angry. I now understand why Rosli is seeking vindication by filing these civil suits . There is a Malay proverb-  “Terlajak perahu boleh diundur, terlajak kata buruk padahnya”.

In this case, the things done by The NST was not “terlajak” or inadvertent. These were deliberate lies to “colour” the story to excite readership, to increase sale and to destroy a man’s reputation. We saw that in Anwar Ibrahim’s Sodomy I and Sodomy II trial. As we approach the last days of Parliament before G-E 13 is announced, there will no doubt be more of such smear campaigns.

We must, therefore, be clear in our minds not to be coloured by these lies as we cast our ballot papers!

People Should Not Be Discouraged from Telling the Truth

Feb 25, 2011

Tan Sri Robert Phang Miow Sin is a former member of the Malaysian Anti-Corruption Commission’s (MACC) Consultation and Corruption Prevention Panel (CCPP). He resigned from the post recently amid the graft allegations that were leveled at him following his urging for an investigation into alleged corrupt practices in Malaysia Airlines (MAS). Phang, who is also a Justice of the Peace, said his decision to pull out from CCPP was to preserve his integrity as well as that of MACC.

An interview with Tan Sri Robert Phang Miow Sin

MD: Do you ever feel regretful of your decision to pull out of the MACC panel?

RP: This is a very soul-searching question. Very hurting question, because, after two years in MACC, I’ve made a name for myself. I criticized if it is bad, I praised if it is good. For example, the introduction of ETP, it’s a good move. It must be supported.

Regretful of pulling out? It was a very decisive decision because my intention is to walk the talk. I always profess and say, be vocal, truthful and responsible. If an allegation was made against me, I have no choice. If I had waited, people will say that Phang is going to wait and use his influence to jeopardize the case. That’s is what I don’t want. I want to stop even the suspicion, and stop the speculations. I want to walk the talk. I regret (pulling out) in the sense that, what had I done wrong? Not that I alleged the A-G on anything. I just asked him to come up with an explanation to the public.

Have you consulted anyone before resigning from your post in MACC?

My family always said that I’m a stupid guy. At 72, still wants to be busybody. You know the family’s concern, this is love. Of course they’re concerned. I told my wife, if anything happens to me, I think the public knows who to go after.

How do you feel about the A-G and MACC after what had happen?
I think the MACC is already realizing what the public wants the most. MACC is equally very concerned and the A-G, I think, should be very careful. He has a lot of allegations thrown against him too in public domain. In fairness to the A-G he has a challenging job. All in all he has to be tactful and very careful.

How would you comment on the allegation thrown at you?

I feel sad. Sad because I have been implicated. Sick as the whole society feels very sick. Sick in the sense if someone is telling the truth, you should be allowed to find out more about the truth. And it is good for the society, for the institution.

I really pray that our PM not only must be supported but he also must take note that in order for him to know he must have the real feel and not only rely on the reports from the authorities, the institution or the department. I can bet that the reports are not comprehensive enough. I think the PM needs to set up a very independent council where you can invite people from all walks of life that are courageous to speak the truth based on what is happening on the ground, and then he’ll get the real picture. Did you make further attempts to find the blogger who alleged you?

I hired a private investigator but still cannot find the blogger. The PI reported that the blog had already been traced but it’s registered under somebody else’s name. But those parts I will leave it to my lawyer to do the follow up. This is serious you know? If any anonymous blogger can issue out a statement to allege and defame someone without any truth behind it the society would be in topsy-turvy.

Do you have any suspects in mind?

I have suspects, but they’re just speculations. But that I leave to my lawyer and my PI to check. I wont give up; I want to trace them down.

What is the chance you returning as panel of MACC?

(Laughs) I have faith in the chief commissioner and the two deputies, Datuk Sukri and Datuk Haji Mustafa. I believe that they are independent and fair people. What is also in my mind, in MACC there is DPP (Deputy Public Prosecutor), the DPP is from the A-G’s office. What are the functions of DPP, we don’t know. If we were to say MACC is independent, it means every investigation has to be referred to the DPP or the MACC solely decides. Of course, for the time when you need to go for prosecution or decision for prosecution, you refer to the DPP.

So in my case, because I believe it (the allegation) is all not true, you cannot go through the investigation. Black is black, white is white once you go through the investigation. I have faith in those three panels. They are professional and also impartial. What is important is I have to be cleared first.

If I am cleared from the allegation, what we need to do is to go down to the rakyat and seek their participation to support and fight corruption. If I’m cleared, my goal is achieved. It is my commitment and principle to walk the talk. I think I should continue to fight corruption. Why shouldn’t I? But only if they want me, of course.

Who do you think would gain from the allegation made against you?

I look into two aspects. First of all, why did they do that? I already have the conclusion; they try to keep my mouth shut, to silence me. I learned a lot. The moment the investigation took place I should keep my mouth shut. Let the MACC do the necessary.

This allegation, as it is, has already garnered me followers. Look at the blogs, many people are supporting me. This is because our society thinks they need more people who have guts to speak out, to highlight what is right and what is wrong. In that respect, I think they have made me more popular. Any righteous, any social injustice, any so called truth to be highlighted, I am there.

What are your expectations for Malaysia in the fight against corruption?

I expect the rakyat to have better feedback from the events happening. I also expect people to come out and tell the truth. I hope more unnecessary pressure will be bestowed against me. Be ready to tell the truth and let god decide. No fear except to god. A word of wisdom, you can bluff anybody, but don’t bluff god. Never take god for a ride. I think that my incident is a nuisance. People need not be discouraged to tell the truth. People must support MACC in the eradication of corruption. Have no fear.

During my two years in MACC,  lots of letters from the public were sent to me and MACC asking for MACC to investigate. I just want to let them know that I will forward their letters to other MACC panel for necessary action to be taken. I appeal to the government that anybody who has a personal agenda or interest to not be the commissioner of MACC because some of them are even consultants to MACC as well as to the A-G’s office. So if they sit there as a commissioner or panel advisor, how can they be independent.  I also hope that Malaysian Digest can express this positively and objectively, give the true picture so the public can realize. And then I have no regrets. My resignation is absolutely necessary in the most honorable way so that people will know that I walk the talk.

Any last words Tan Sri?

Lastly, I appeal to MACC if there is investigation to be conducted, please speed it up because I’m looking forward to serve the nation with dignity, again.

The Malaysian Anti-Corruption Commission (MACC) (Malay: Suruhanjaya Pencegahan Rasuah Malaysia, (SPRM)) (formerly Anti-Corruption Agency (ACA) or Badan Pencegah Rasuah (BPR)) is a government agency in Malaysia that investigates and persecutes corruption in the public and private sectors.

Source : http://www.malaysiandigest.com/features/17656-robert-phang-people-should-not-be-discouraged-from-telling-the-truth.html

The MAS and Robert Phang Story continues

February 11, 2011

The MAS and Robert Phang Story continues: Charge the KSU for not reporting a bribery attempt

by Din Merican

The MAS scandal is like a fiery comet flying across the sky. It has brought a trail of other scandals into light. The anonymous blogs are now saying that the losses which MAS suffered during Tajuddin Ramli’s time was not true. That it was just a just a fiction. That MAS was never heading towards bankruptcy and the Widespread Asset Unbundling (WAU) exercise was a scam. Who created the fiction and the scam?

Former MAS Managing Director must answer

The best person to answer this question is Dato’ Seri Idris Jala. He was once MAS Managing Director, now entrusted by Prime Minister Najib to implement the country’s Economic Transformation Plan (ETP). It was during Idris’ time that MAS pursued criminal and civil avenues to hold Tajuddin liable for MAS’ losses. So let Idris answer if the losses were just fiction. If it was fiction, then we have a lot to worry in leaving the whole country’s economic fortunes in the hands of Idris Jala.

New Conspiracy Theory

A new conspiracy theory is now being spun by Tajuddin’s supporters that he was booted out by Minister in the Prime Minister’s Department (Economic Planning Unit) Tan Sri Nor Mohamed Yakcop. So, Tajuddin’s henchman and proxy, Shahidan Shafie, with his wide tentacles in every law enforcement agency, including being A-G Gani Patail’s close friend, is now hunting those connected to Nor Mohamed. Shahidan is now exacting revenge for Tajuddin.

Only yesterday, the MACC charged Nor Mohamed Yakcop’s former political secretary, Hasbie Satar, for money-laundering. Hasbie, 37, from Sarawak (Idris Jala’s home state) appeared alone and unrepresented when he was charged under Section 4 (1) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001. This offence carries a fine of RM5million or jail term of five years.

Targetting the High Performer Azman Mokhtar,  Khazanah Nasional CEO

Now Tajuddin and Shahidan are targeting the founders of the consultancy firm, Bina Fikir, which was responsible for WAU. Using the blogs, they have linked Nor Mohamed to Bina Fikir’s founders, Rashdan and Cambridge educated Tan Sri Azman Mokhtar who is now heading Khazanah Nasional Berhad, the nation’s investment arm. There are whispers within Khazanah that MACC has been busy visiting Khazanah on uncorroborated allegations. It seems that high performer Azman Mokhtar is being harassed using the MACC. It seems nobody is safe from the wrath of Tajuddin Ramli.

Bribery Allegation Against Robert Phang

Earlier on, using the same anonymous blogs they made an allegation that Tan Sri Robert Phang had attempted to bribe a Secretary-General or Ketua Setiausaha (KSU) of a ministry. To seek vindication and to be cleared early of these allegations, Tan Sri Robert Phang has resigned from the MACC Panel to facilitate the investigations. Since then, the MACC has gone quiet. Instead of hastening their investigation to clear Robert Phang, the MACC seems to be doing nothing. Or is something being planned so that the KSU in question will co-operate with the agenda?

What do we know about the bribery allegation? The allegation is that sometime before Hari Raya of 2010, the KSU of a Ministry which was awarding a contract worth RM 900 million had had chased Tan Sri Robert Phang out of his office because Phang tried to bribe him. What is so difficult to investigate this allegation?

Just interview the KSU concerned. If the KSU says that story is a lie,that’s the end of it. The MACC should announce that finding openly and then clear Robert Phang so that he can qualify for an extension when the MACC Panel’s term is renewed after February 24. Why is the MACC dragging its feet? Is there any reason in delaying the investigation? Is it to disqualify Phang from seeking re-appointment. Clearly public opinion is behind Phang to be re-appointed in that Panel because  Phang is the lone voice who has refused to be a rubberstamp.

On the other hand, if the KSU confirms the bribery allegation, then further investigations must be conducted. The KSU must be asked if he had reported that incident to his immediate boss, the Ketua Setiausaha Negara (KSN). If he did, what did the KSN advise him to do? Did the KSN direct him to lodge a report with the MACC? If neither of them reported to the MACC, then both of the KSN and the KSU should be  hauled up and charged for failing to report a bribery. That is an offence under s. 25 of the MACC Act which provides as follows:

S. 25  Duty to report bribery transactions

(1)     Any person to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the commission or police officer.

(2)    Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

(3)     Any person from whom any gratification has been solicited or obtained, or an attempt has been made to obtain such gratification, in contravention of any provision of this Act shall at the earliest opportunity thereafter report such soliciting or obtaining of, or attempt to obtain, the gratification together with the full and true description and if known, the name of the person who solicited, or obtained, or attempted to obtain, the gratification from him to the nearest officer of the commission or police officer.

(4)    Any person who fails, without reasonable excuse, to comply with subsection (3) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment.

That is how simple the investigation should be. That is how simple it is to ascertain if the KSU, the MACC and the A-G are trying to fix Robert Phang for speaking out about A-G Gani Patail’s connections to Shahidan Shafie and Tajuddin Ramli. Let the KSU be forewarned that he can be fined RM100,000 and imprisoned for 10 years if now tries to fix Phang by admitting there was such a bribery attempt .

If the KSU tries to play ball now, whereas he did not report that bribery attempt in September of 2010, then I have no hesitation to say that the public have every right to demand that MACC charge the KSU for not reporting the bribery attempt!

Robert Phang Slams AG Gani Patail – Remove Him!

December 11, 2010

by Din Merican

I have said it before and I say it again- AG Gani Patail is a liability to this government!

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.

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.

Gani Patail is the problem. He is mired in controversy . He is vindictive. He victimizes the innocent and protect the crooks. His insistence to persecute Lawyer Rosli Dahlan- the family man!

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.”

 

Malaysian Public Officials of the 21st Century

Bar Ragunath from the Bar!

December 6, 2010

BREAKING NEWS: Mahathir’s Political Crony, Al-Toyol was charged at Shah Alam Sessions Court

Former Selangor Menteri Besar and Mahathir political crony, Dr Mohd Khir Toyo (Al-Toyol) has been charged with corruption, alongside Ditamas Sdn Bhd director Shamsuddin Haryoni. Al-Toyol was charged under Section 165 of the Penal Code, with knowingly accepting a bribe, in form of two plots of land in Section 7, Shah Alam, for his mansion  at a substantial discount from Shamsuddin.

Istana Toyol with the help of Ketok Magik

Judge Azhaniz Teh Azman Azhanis then set bail at RM750,000.Can we expect more to come ? In PKFZ, where some UMNO big wigs are involved in a scandalous land acquisition deal, and in Tourism Malaysia, for example.–Din Merican

http://www.malaysiakini.com/news/150062

December 5, 2010

Bar Ragunath from the Bar!

by Din Merican

On  November 24, Raja Petra Kamarudin (RPK) exposed the Haj pilgrimage  scandal involving Attorney-General (AG) Gani Patail and the former Malaysia Airlines Chairman Tan Sri Tajudin Ramli’s proxy, Shahidan Shafie.

And after doing all these evil deeds, they purport to repent and put on a public show of visiting God’s house in Mecca to seek forgiveness.

ACT 1: Enter Robert Phang

On November 30, Tan Sri Robert Phang Miow Sin, a member of the Consultation and Corruption Prevention Panel of the Malaysian Anti-Corruption Commission (MACC) gave a press conference demanding AG Gani Patail to explain his conduct as exposed by RPK. Phang also accused AG Gani of selective prosecution and mentioned several cases including that of Lawyer Rosli Dahlan.

The alternative media has created the perception that Rosli has been victimised as a result of his professional role in pursuing civil and criminal action against former Malaysia Airlines chairman Tan Sri Tajuddin Ramli.

Phang said that Rosli had been victimised because he pursued civil and criminal actions against Tajudin Ramli. MACC’s apparent reluctance to take any action against Tajuddin and Shahidan raised a lot of suspicions, especially since report by the MD of MASKargo, Shahari Sulaiman, specifically mentioned Shahidan Shafie as Tajuddin’s proxy who orchestrated the police closure of the MAS case. Shahidan has his wheeling dealing tentacles everywhere in the law enforcement agencies. He is Mr Fixit.

Shahidan Shafie is known as Mr. Fixit

The AG refuses to drop the case against Rosli Dahlan

Yet, AG Gani refused to allow MACC to withdraw the case against Rosli. According to AG Gani, he has absolute discretion under Article 145(3) of the Federal Constitution and there is nothing anyone can do about it. AG Gani flatly rejected the recommendation by MACC’s Chief Commissioner, Dato Seri Abu Kassim, to withdraw the charge against Rosli. Abu Kassim knew that the MACC is flogging a dead horse in Rosli’s case. Abu Kassim told Tan Sri Robert Phang, former  Senator Dato William Lau and several others that the MACC did not want to drag Rosli’s case any further. But AG Gani Patail said  NO. He wanted to teach Rosli a lesson as a signal to everyone else never ever to go against him.

AG Gani flatly rejected the recommendation by MACC’s Chief Commissioner, Dato Seri Abu Kassim, to withdraw the charge against Rosli.

 

ACT 2: Minister Nazri Aziz and the Mainstream Media

When Tan Sri Robert Phang gave his press conference on  November 30, he was concerned that the MACC was being seen as a rubber stamp to all the wrongs committed by AG Gani Patail as accused by Dato’ Mat Zain Ibrahim, formerly OCCI KL, in his public letters. But the main stream media (MSM) -  The Star, The NST, Utusan Malaysia and Berita Harian were extremely quiet, as if there was a news embargo to report against anything about AG Gani or Shahidan. The same MSM selectively chose not to report on Robert Phang‘s press conference. Those that reported, picked Phang‘s quotes very selectively.

Selective Reporting and Spin by Mainstream Media (MSM)

Yet, the next day, the MSM widely publicised Minister in the Prime Minister’s Department, YB Dato‘ Seri Mohd Nazri Aziz, slamming Phang for that press conference. Feeling hurt that Nazri had used some unMinisterial language on him, Phang responded with a biting press statement. Again, the MSM embargoed Phang’s press statement, which you can see in my previous posting. Phang is no old coot who only whines. To take on Nazri Aziz, a person has to be a “real jantan“. Those are not my words. Those are Nazri’s words whenever he challenges anyone. Now that Phang has retorted, we will wait and see whether Nazri barks and bites to see who is the real jantan between them!

Nazri had used some unMinisterial language

To be fair to Phang, his retort to the Minister is legitimate. There was no necessity for Nazri to be over defensive by being offensive. The public has a right to know if AG Gani is compromised by his relationship to Tajuddin’s proxy. The public is entitled to know if AG Gani’s decision not to pursue action against Tajuddin is tainted by his close relationship with Shahidan. Is that an innocent social relationship? If it is, since when have they known each other? Did they know each other when the AG Chambers decided to close the MAS case?

Shahidan Shafie: Mr Fixit and Tajuddin’s Proxy

As for Shahidan, he has a chequered and dubious past. He was charged for bribery when he was the OC Secret Societies in Johore. It would be unbelievable for the AG if he claims he did not know this. The MACC has this record on Shahidan. Shahidan’s cousin and adopted sister, Rizana Daud, is married to Tajuddin’s brother, Bistamam Ramli. Tajuddin made Rizana the Company Secretary of MAS when the plunder of MAS occurred. When Tajuddin left,  MAS had accumulated debts amounting to RM8.8 billion.

As for Shahidan, he has a chequered and dubious past. He was charged for bribery when he was the OC Secret Societies in Johore. It would be unbelievable for the AG if he claims he did not know this.

Is the AG about to say that he did not know all that about Shahidan? Earlier on, RPK had produced eye witness accounts and photographs of AG Gani being beside Shahidan throughout his bereveament over his son’s death– from daylight to sunset. If that is not close relationship, what is then?

The AG: A Public Official?

That brings us to this issue – isn‘t the Attorney General a public officer? Isn‘t there a code of conduct that governs him as a public officer that the MACC should apply against him in evaluating the appropriateness of his conduct in consorting with Shahidan? If the MACC wants to take action against the AG, they can resort to Perintah Am Bab D (Tatakelakuan dan Tatatertib) Pegawai Kerajaan. But I am not going to teach the MACC to do their job. I pointed that out because there is a Malay proverb -“ Hendak seribu daya, tak hendak seribu dalih“ ( where there is a will, there is a way.)

ACT 3: Sudden Appearance of Ragunath Kesavan, Malaysian Bar President

What I really wanted to say in this piece is about the behavior of the President of the Malaysian Bar, Ragunath Kesavan.  He is a strange creature. Instead of focusing on his mandate to serve the interest of his legal fraternity, he dabbles in politics. coming from the President of the Malaysian Bar. His recent statement in defence of AG Gani’s conduct  is echoing Minister Nazri’s statement. Why is that coming from the President of the Malaysian Bar?

He is a strange creature. Instead of focusing on his mandate to serve the interest of his legal fraternity, he dabbles in politics. 

In case you wonder what is the Malaysian Bar, let me explain. The Malaysian Bar is a body, like an association, that represents all lawyers in the country. To be a lawyer, you must be admitted to the Bar. The Bar is managed, governed and regulated by a  committee that is elected by lawyers called the Bar Council, which is established under the Legal Profession Act. Ragunath Kesavan is the President of the Bar Council , which means he is supposed to voice out and protect the interest of his members – the lawyers in this country. Is he doing that?

We are now seeing a public spat between Robert Phang and Nazri Aziz. Phang wants AG Gani to explain his conduct, but Nazri says AG Gani owes no explanation to Phang whom Nazri regards as someone ordinary from the street. Phang has openly slammed AG Gani for victimizing Lawyer Rosli Dahlan. And Phang is not even a lawyer. He is not an office bearer in the Bar Council and he has nothing to do with the Bar. He is a social activist fighting for the cause of justice, and he sees injustice in the way Lawyer Rosli was treated.

Now should not that be the role of the Ragunath, President of the Malaysian Bar? Do we hear Ragunath issuing any statement to support Rosli as a member of the Bar? When an opportunity is created by Robert Phang, did Ragunath show his leadership of the Bar by articulating the misconducts of the AG with Shahidan? Sadly No!

Instead, we have the President of the Bar, Ragunath Kesavan, sounding apologetic, sympathetic and even defensive of AG Gani Patail. I am repulsed by the comments made by Ragunath to Malaysiakini’s Hafiz Yatim on December 3. When asked whether AG Gani should be made answerable, Ragunath said: “I am not sure whether Abdul Gani should answer them, but we feel it would depend solely on him to respond.”

Ragunath also said that he was aware of the photographs of AG Gani’s visit to Shahidan’s house posted on the Malaysia Today website, but then apologetically added  that “There were many other people there, not only Abdul Gani, and this should not be an issue.” The AG spent more than a normal visiting hours at the funeral too !

Shahidan Shafie (his hand slightly covering his face) consoled by the Attorney-General

When Ragunath was asked about any possibility of a relationship between AG Gani and Shahidan that would have prompted the “no action” against Tajuddin, Ragunath dismissed it as just a rumour. A rumour?! What is wrong with this man?

Ragunath also question that the situation between AG Gani and Shahidan : Still there is no proven link  ?

Ragunath also said that the situation between AG Gani and Shahidan differed from the VK Lingam/CJ Eusoff Chin affair and then added that – “In the present case, there is no proven link and that without such evidence, the Bar Council would not be critical about the allegations made against AG Gani.”

I was aghast upon Ragunath’s answers. This man is an embarrassment to the Bar, which had gained so much respect during the tenure of its previous President, Dato’ Ambiga Sreenevasan. Either he is a political moron, or he has a personal agenda. There are so many things that he could say about as to the proper conduct of a public officer like the Attorney General. He could refer to the Perintah Am Bab D (Tatakelakuan dan Tatatertib) Pegawai Kerajaan which is clearly applicable to  AG Gani Patail:

BAHAGIAN II TATAKELAKUAN

4.(2)Seseorang pegawai tidak boleh—

(a)       membelakangkan tugas awamnya demi kepentingan peribadinya;

(b)       berkelakuan dengan sedemikian cara yang mungkin menyebabkan kepentingan peribadinya bercanggah dengan tugas awamnya;

(c)       berkelakuan dengan apa-apa cara yang mungkin menyebabkan syak yang munasabah bahawa—

(i) dia telah membiarkan kepentingan peribadinya bercanggah dengan tugas awamnya sehingga menjejaskan kebergunaannya sebagai seorang pegawai awam; atau

(ii) dia telah menggunakan kedudukan awamnya bagi faedahnya sendiri;

(d)   berkelakuan dengan sedemikian cara sehingga memburukkan nama atau mencemarkan nama perkhidmatan awam;

(e)       kurang cekap atau kurang berusaha;

(f)         tidak jujur atau tidak amanah;

(g)       tidak bertanggungjawab.

All Ragunath had to do was to tick any of the above limbs that would apply to AG Gani Gani in his relationship with Shahidan. In case his frozen brain is still uncertain which limb is applicable to AG Gani Patail, now let me help him – tick “All of the above“. Truly, AG Gani Patail’s conduct breeds more than just suspicion that he had been compromised.

Ragunath could also have alluded to the fact that the AG’s post is that of a Federal Court Judge as provided for under Art. 145(1) of the Federal Constitution. That would subject AG Gani to some analogy to the Judges’ Code of Ethics as provided for in Art.125(3B) of the Federal Constitution where a Judge can be removed for conduct unbecoming or for causing disrepute to the judiciary. This would include consorting or fraternizing with people of ill repute or disrepute or people of dubious reputation :This Code of ethics may be cited as the Judges’ Code Of Ethics 1994

Judges’ Code Of Ethics 1994 (amended in 2000)

2. 2. (1) This Code of Ethics shall apply to a judge throughout the        period of his service. (1) This Code of Ethics shall apply to a judge throughout the period of his service.

(2) The breach of any provision of this Code of Ethics may constitute aground for the removal of a judge from office.

3. 3. (1) A judge shall not –

(a) Subordinate his judicial duties to his private interests’ ;

(b) Conduct himself in such manner as is likely to bring his private interests into conflict with his judicial duties;

(c) Conduct himself in any manner likely to cause a reasonable suspicion that:

- He has allowed his private interest to come into conflict with his judicial duties so as to impair his usefulness as a judge; or

- He has used his judicial position for his personal advantage;

(d) Conduct himself dishonestly or in such manner as to bring the Judiciary into disrepute or to bring discredit thereto;”

Look Ragunath, I am not a lawyer, but I am not too lazy to read or too dishonest to say things just to please certain people. I say to you, stop playing politics when it affects the life and well being of the people you are sworn to protect. You are the Bar’s President, yet you behave so shamelessly in defence of AG Gani instead of defending your fellow brother at law, Rosli Dahlan. There is a Malay proverb to describe your betrayal of your brother lawyer- “Harapkan pagar, pagar makan padi”.

I have been attending Rosli Dahlan’s trial from Day 1.

Let me say this to you also. I have been attending Rosli Dahlan’s trial from Day 1. In the beginning there was not even a representative from the Bar Council. After I started writing and after RPK publicized the shenanigans in court, then only the Bar started sending its representative. I suspect Ragunath did not want to miss out on a great show. Yet, not a single statement has been issued by  Ragunath Kesavan on the matter. And now he comes to AG Gani’s defence. Now he echoes Nazri Aziz’s stand. What game is Ragunath playing? This Malay proverb aptly applies to Ragunath – “ Sokong membawa rebah”.

This man is playing politics and one day I will tell you why. For the time being, I  urge that lawyers bar Ragunath from the Bar! He should be put on the carpet for his indiscretion.

 

 

Musa Hassan must be accountable for his statement and misdeeds

September 11, 2010

by Din Merican

Muslims in Malaysia concluded Ramadan on  September 9 and  they celebrated Eidil Fitri  yesterday. Muslims know Ramadan is a very special month.

The Takbir Raya which began since maghrib (evening prayer on September 9) is always so poignant and bring tears to most Muslims.

The Takbir Raya which began since maghrib (evening prayer on September 9) is always so poignant and bring tears to most Muslims. Many would feel sad reflecting the events of the past year. And so it was with my dearest wife, Dr Kamsiah. She misses her two children who cannot not celebrate Eidil Firi with her for the third year in a row. She feels sad that her aged mother cannot not be with her grandchildren. She has been denied her rights by someone who lacks compassion and understanding of the importance of Ibu (Mother) to a Muslim.

Kamsiah has been denied her rights by someone who lacks compassion and understanding of the importance of Ibu (Mother) to a Muslim.

There was little I can do except to comfort her, and that in turn makes me sadder because Dr Kamsiah remains as calm as ever even going through such a stormy domestic matter. When I suggested some legal measures to gain her rights, she could only say that God works in mysterious ways and that she redha.

Dr. Kamsiah said to me “Din, this is not about civil rights, this is personal. So please don’t use your mighty pen over personal issues, everyone will eventually be held accountable.” That made me more sad still until I went for solat Edil Fitri this morning. You may ask why.

Eidil Fitri Khutbah (sermon)

It is because I am dumbfounded when the theme of the Eidil Fitri Khutbah (sermon) is about accountability. The Imam of the mosque that I attended recited the cautionary last two verses from Surah Zilzal (The Convulsion) about the Day of Judgment as follows:

“Then shall anyone who has done an atom’s weight of good, see it! And anyone who has done an atoms weight of evils, shall see it! “

The Imam Khatib read the commentary so emotionally that he cried and so did many others of the jemaah (congregation) including myself. I went back very contemplative over my wife’s own personal tragedy. Then when I started  to reflect on current events, I became  agitated again over the ills that pervade this great country.

Latest Musa Hassan Outburst

I am able to relate the khutbah to the present events surrounding Polis DiRaja Malaysia (PDRM) and its outgoing IGP,

It seems Musa wants to be the IGP in perpetuity, and he considered Hishammuddin’s decision as an interference

the despicable Musa Hassan. Only last Sunday I wrote about  Musa Hassan’s revolting interview with Mingguan Malaysia during which he made innuendoes of interference by third parties. Then on Wednesday (September 8), I wrote again about Musa’s boldness in openly stating that the third party that he was referring to  is the Ministry of Home Affairs, thereby  implicating the Minister, Dato’ Seri Hishammuddin Hussein Onn (see- Musa Hassan Should Just Shut Up and Vamoose).

It is clear now that Musa is very upset that Hishammuddin had rightly refused to grant him another extension. It seems Musa wants to be the IGP  in perpetuity, and he considered Hishammuddin’s decision as an interference.

Musa went as far as to say that he only knew about  the  decision not to extend his contract on the very day that Hishammuddin gave his interview on  September 1. The Ministry’s Secretary-General, Dato’ Seri Mahmood Adam has since refuted Musa’s claim and said that Musa was informed one week before that interview and again on the day of the interview. So who is lying now? If we believe the Secretary-General –and there is no reason not to– that would mean Musa was informed twice.

Musa Hassan has track record of lies and fabrications

Can we ever believe Musa? Already we know that Musa lied in Sodomy I when, as investigator, he identified a building not yet constructed as the scene of the sodomy. Musa also lied when he carried a mattress into court daily which was eventually thrown out as incredible evidence.

Then in the Black Eye incident, Dato’ Mat Zin, the former OCCI KL, filed an affidavit accusing Musa of lying and fabricating evidence. Musa’s own ADC had sworn a Statutory Declaration exposing Musa as a two-faced Pengkhianat Bangsa who would lie to portray himself  differently in public.

Musa also lied about his academic qualifications which was a point raised by Tan Sri Robert Phang. Then very recently, Judge Supang Lian of Kota Kinabalu Sessions Court wrote a damning judgment about Musa “being an incredible witness, whose evidence is not to be believed”. That is just legal jargon for saying that Musa is a LIAR!

Musa still wants to strut around as IGP although he has already surrendered his duties and powers to the DIGP, Tan Sri Ismail Omar. Lim Kit Siang has thus called for Musa to be suspended, and unless he can explain himself, Musa should be given a dishonourable discharge. Apparently, Kit Siang knows something more that we don’t.

Apparently, Musa is using his father to lobby to the Yang Di Pertuan Agong (YDPA) for another extension by delaying or not approving Ismail Omar’s appointment. That accounts for the Ministry’s vague statement that “the approval of the YDPA for the new IGP will be sought”. Musa is in fact using the YDPA to interfere with the Executive prerogative on its choice of IGP.

Musa is using his father to lobby to the Yang Di Pertuan Agong (YDPA)

Three Extensions Not enough

That is why Tan Sri Robert Phang  criticised Musa in the strongest terms as being ungrateful and unprofessional. The much respected and admired Robert Phang reminded the public and the Ministry that Musa enjoyed three extensions, something never before granted to previous IGPs.

Rosli was visited by Tan Sri Robert Phang of the MACC at his home on the 1st day of Eid Fitri

What makes it so revolting is that in 2007, in the midst of some highly charged controversy between IGP Musa Hassan and Deputy Minister Johari Baharom, ex-PM Abdullah Badawi  extended Musa’s service on a two year contract. This was at a time when crime was at an all time high and despite the press conference given by Dato’ Ramli Yusuff, former Director CCID, warning of the clear and present danger facing the Police Force when Dato’ Ramli discovered Musa’s involvement with the illegal money lending Ah Long syndicate.

once a thief forever a thief, worst if it is a 'religious thief'

Mr Clean Badawi not sleeping when it involves his family business

Because Abdullah was always sleeping on the job, Malaysians forgave him  in the belief that it was just an error in Abdullah’s judgment. But now the public knows better when Raja Petra Kamarudin (RPK)’s  Malaysia Today revealed that Abdullah’s family was  partaking in the plundering of Malaysia Airlines (MAS). That was why Dato’ Ramli together with his lawyer friend Rosli Dahlan ended up facing trumped up charges .

Abdullah’s family was partaking in the plundering of Malaysia Airlines (MAS) catering business

Abdullah  capitalised on the fact that his father was an ulama to promote his “Mr Clean” image. Musa also rode on his father’s popularity as a TV guru mengaji to propagandise that he too is a Mr Clean. The uncanny resemblance in these two characters just demonstrates the dangers of judging a book by its cover. In the end, they are just like the Malay  proverb “Harapkan pagar, pagar makan padi.” Badawi dreamt of being Imam Ghazali and Imam Shafii, not money; Musa too of being  a model IGP.

Abdullah had capitalised on the fact that his father was an ulama to promote his “Mr Clean” image. Musa also rode on his father’s popularity as a TV guru mengaji to propagandise that he too is a Mr Clean.

I have now strayed quite a bit from what I originally wanted to write about. My original intention is not to write about politics or civil causes today. In the mood of Ramadan which just ended and Eidul Fitri, I want to write about human tragedies and man’s relationship with God in administering the worldly affairs.

During the Khutbah Eidil Fitri, the Imam also mentioned about God’s 99 attributes (Asma ulHusna) and that other than the attributes of being compassionate and merciful, God is also “Al Hasib”, that He will make us account for even an atom’s weight of good or evil that we do. Over these recent events, already God is showing that Musa is being judged here and now, and  he will have not to wait until the hereafter.

During the Khutbah Eidil Fitri, the Imam also mentioned about God’s 99 attributes (Asma ulHusna) and that other than the attributes of being compassionate and merciful, God is also “Al Hasib”, that He will make us account for even an atom’s weight of good or evil that we do. Over these recent events, already God is showing that Musa is being judged here and now, and will not wait until the hereafter.

Divine Intervention

Despite all that the MACC is doing to lawyer Rosli Dahlan, God is  shielding him from the full impact of their cruelty. Malaysians are now aware that Rosli was professionally  pursuing those who plundered MAS. Rosli was also assisting Dato’ Ramli’s CCID in the Goh Cheng Poh @ Tunku Goh’s case. For doing that “national service”, the MACC brutalised and charged him. On  September 7, Malaysiakini reproduced Rosli’s statement about being persecuted, on the day he was charged in court exactly at this same time three years ago:

“The timing to prosecute me on the eve of Hari Raya is calculated to humiliate me. The intention is clear. I think I have suffered enough.”

Reading that, my heart felt for Rosli. But today, on the facebook network, I saw a picture of Rosli getting ready to go for Solat Eidil Fitri. I thought I should share that with you, a picture of an innocent man whom the MACC is still refusing to drop the charge against him in a case that they are doomed to lose. When I was in court for Rosli’ case, I managed to get a copy of his written representation to the MACC. Rosli’s letter to the MACC  is very sad, but I will skip that part. The part that displays his clarity of mind and strength of character is as follows:

“  Secara peribadi, saya menyokong kewujudan dan peranan SPRM sebagai satu Institusi keramat yang diperlukan demi membanteras gejala rasuah di Negara ini. Namun, akan menjadi satu kedukacitaan  jika institusi ini dianggap oleh masyarakat awam sebagai telah disalahgunakan sehingga memangsakan orang orang yang tidak bersalah.

Andaikata sahutan hati saya menyentuh naluri insaniah Dato’, saya yakin kita dapat berkerjasama memainkan peranan masing-masing demi menegakkan kebenaran dan perlaksanaan undang-undang dengan tulus dan ikhlas mematuhi ‘Rule of Law’.

These are powerful words coming from a man seeking closure to a painful episode in his life. Unfortunately, I am told that the MACC has ignored his passionate plea to settle the case amicably. Yet again God has shown His mysterious Hands. On the same facebook network, I saw that Rosli is receiving many well wishers and supporters to his house on this Eidil Fitri, one of whom is Tan Sri Robert Phang who sits on the MACC Panel. Now that is truly heart warming.

Rosli leaving for Solat Eidilfitri

To Tan Sri Robert Phang, I say you are a courageous man to give comfort to a man being persecuted while holding IGP Musa Hassan accountable for his misdeeds!

For Rosli Lawyer: Justice delayed till September 30

Rosli’s fate still hangs in a suspense. His Eidul Fitri is denied for  4th time as the MACC drags its case. Fortunately, he does have to wait for ever. Both the prosecution and defense will be present their written submissions to the presiding judge by September 30. I hope and pray that DPP Zulkarnian will not in the 11th hour seek a further extension to time to enable him to complete his magnum opus. He is known not only for court antics and dramatics, but also for taking leave whenever it suited him.

I also wish to remind Rosli’s counsel to ensure his submission to the presiding judge should be coordinated with that of the prosecution.  Both submissions should be presented on the same day and time. We will never know what can happen in this day and age of zerox and fax machines. It has happened in this case of project proposals and tenders and it can easily be the case if Rosli’s defense counsel does not err on the side of caution.

Like Man on Wire: We can never know what can happen in this day and age of zerox and fax machines.